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May 1, 2001
RECEIVED
mMr. Robert Anderson — O
Weld County Planning Department =,
1555 North 17t Avenue ' I -r
Greeley CO 80631
ry
Mr. Anderson,
I am writing to you as a property and mineral owner for the project site currently under
review by your Department as Weld county Use by Special review Case USR-1329. The
surface estate at this property is the site of a proposed mining operation for Loveland
Ready Mix Concrete, Inc. that will be owned by Loveland Ready Mix Concrete, Inc. and
Croissant Family Trust. The mineral, oil and gas estate for this property are also owned
by Loveland Ready Mix concrete, Inc.
The County is requiring a statement from the mineral owners at this property that oil and
gas activities have been adequately incorporated into the design of the site. We are aware
of the oil and gas facilities of the property and have carefully considered their location as
part of the site design. The county should also be aware that the Machi-Ross oil well(in
the north central part of the property, adjacent to Cell 2) is currently being plugged and
abandoned by the Machi-Ross Petroleum Company. In this case, no oil and gas facilities
will be displaced by the proposed Use by Special Review, nor will the plan interfere with
future access to the site for the purposes of oil and gas development.
Please place this correspondence in the appropriate file for Case USR-1329. If you have
any questions, the permitting representative, Banks and Gesso, LLC, should be able to
provide additional clarification regarding future plans for the site.
Sincerely,
Geor StevenFancher EXHIBIT
Vice President
Loveland Ready Mix concrete, Inc.
u5,2#\i3 i
2001-1453
■■ Banks and Gesso, LLC 720 Kipling St.,Suite117
■■ nty Plan"
void Cou ingDept• Lakewood, Colorado 80215
(303)274-4277
} G 2601 Fax (303) 274-8329
www.banksandgesso.com
May 8, 2001 r}.'
RE C E 1 Mr. Robert Anderson V
n1 H.
Weld County Planning Department -
1555 North 17th Avenue _{
Greeley, CO 80631 - 1 __‘,-
Mr. Anderson, 0-
As required by Condition 2C of the Planning Commission resolution in Use by Special Review
Case USR-1329, a copy of the Preliminary Site Investigation and Ute-Ladies'-Tresses Orchid
Survey Report for the Loveland Ready Mix project site has been enclosed for your information.
These reports have been submitted to the Colorado Division of Minerals and Geology as part of
its Reclamation Permit application.
The Preliminary Site Investigation includes an assessment for the Preble's meadow jumping
mouse and Ute Ladies-tresses orchid. As indicated on page 3 of the Preliminary Site
Investigation, there is no potential Preble's meadow jumping mouse habitat at this site. The
potential for a Ute Ladies-tresses Orchid Habitat was identified for this property and further
evaluated in the enclosed Ute Ladies-tresses Orchid Survey Report. This report includes a
survey of the site, conducted in accordance with the standards of the U.S. Fish and Wildlife
Service, and concluded that the orchid was not found within the project site property. Therefore,
no mitigation measures will be necessary for the site.
The enclosed resolves all issues related to the U.S. Fish and Wildlife Service and federally
protected species at the site; Loveland Ready Mix Concrete thoroughly investigated all potential
regulated species prior to submission of the current Use by Special Review to Weld County.
Please place this correspondence in the file for Case USR-1329, as appropriate for the
satisfaction of Condition 2C. If you have any questions or concerns, please do not hesitate to
contact me at(303)274-4277.
Sincerely,
Mr. lex Schatz
Banks and Gesso, LLC
Enclosures: Preliminary Investigation of Frank Green and Croissant Properties, Weld County,
Colorado, prepared by Savage and Savage, Consultants
Croissant and Green Properties, Weld, County, Colorado, Ute Ladies-Tresses
Orchid Survey Report, prepared by Savage and Savage, Consultants
C: 20023-LRM/Green-Correspondence/Agency
r
ii EXHIBIT
ust 1313 1
CROISSANT AND GREEN PROPERTIES
WELD COUNTY, COLORADO
UTE LADIES'-TRESSES ORCHID SURVEY REPORT
(Spiranthes diluvialis)
Prepared by Savage and Savage
July 2000
SUMMARY
Savage and Savage conducted a pedestrian survey for the presence of the federally listed
threatened Ute Ladies'-Tresses orchid (Spiranthes diluvialis) within potential critical
habitat on the site. The survey was conducted on the Croissant and Green properties
located in Weld County, Colorado on July 21 and 24, 2000. The survey was conducted
for Banks and Gesso, LLC on behalf of Loveland Ready Mix Concrete. The survey was
conducted in accordance with U.S. Fish and Wildlife Survey guidelines and during the
period of anthesis of the type population of the orchid in neighboring Boulder County,
Colorado. No individuals of Spiranthes diluvialis were found during the survey.
INTRODUCTION
Bait and Gesso, LLC requested the survey as part of a development plan for Loveland
Ready Mix Concrete for the Croissant and Green properties. As part of the development
plan Banks and Gesso, LLC requested identification and survey of any potentially critical
Ute ladies'-tresses orchid (Spiranthes diluvialis) habitat, if present.
The properties are located south and east of the junction of Weld County Roads 13 and
54. The Croissant property is bounded on the west by a fence line, on the north by
County Road 54, on the east by the Big Thompson River and on the south by a fenceline
at the top of the secondary alluvial terrace above the Big Thompson River. The Green
property is bounded on the west by County Road 13, on the north by County Road 54, on
the east by the fence line with the Croissant property, and on the south by the property
fence and southeast by the Hillsboro Ditch. The properties are located within the
W'/<N1/2 of Section 30, Township 5 North, Range 67 West of the Sixth Prime Meridian
in Weld County, Colorado. The latitude and longitude of the center of the Croissant
property are 40°22'07" North and 104°56'00" West. The latitude and longitude of the
center of the Green property are 40°22'07" North and 104°56'25" West.
The Ute Ladies'-Tresses orchid (Spiranthes diluvialis) is a federally listed, threatened
plant species known to occur in Colorado. Interim U.S. Fish and Wildlife Service survey
requirements (USFWS, 1992) for the orchid require surveys along the South Platte River
100-year floodplain and perennial tributaries and in potentially critical orchid habitat.
Characteristic orchid habitat requiring a survey includes sites below 6500 feet elevation
with seasonally high water tables, wet meadows, stream channels, floodplains,
jurisdictional wetlands, and areas where vegetation falls into the facultative wet or
obligate classification. Sites excluded from the survey requirement include upland sites
•
(short grass prairie and sagebrush rangeland) and highly disturbed or modified sites.
Based on the above requirements, and a site visit, Savage and Savage staff determined
that the proposed development project area could not be disqualified from the
requirements for a pedestrian survey. On July 21 and 24, 2000 Savage and Savage staff
conducted a pedestrian survey of the proposed development project in order to determine
the presence of the orchid.
SITE CHARACTERISTICS
Hydrology
There are six distinctive types of hydrologic features on the Croissant and Green
properties. The first feature is the Big Thompson River, a perennial drainage that flows
across the northeast corner of the Croissant property. The second type of hydrologic
feature includes two surface water drainages that have been formed along the south edge
of the Croissant property and two drainages that have been formed along the southeast
edge of the Green property from irrigation tailwater. Irrigation tailwater originates from
irrigated farmland on the secondary terrace above the drainages. Within the north half of
both properties is the third type of hydrologic feature; relict oxbows (meanders) or
historic channels of the Big Thompson River. The hydrology of some of the relict
oxbows has been recently altered by man-made drainage ditches that have been
excavated through the oxbows. The ambient hydrology of these features is affected by
the irrigation tailwater drainages above. Man-made irrigation and drainage ditches
comprise the fourth type of hydrologic feature. One large drainage ditch traverses the
Green and Croissant properties from west to east, ultimately draining into a relict oxbow.
Several small irrigation ditches are present within the properties. Some were found to
contain water, while others appeared abandoned. The fifth hydrologic feature includes
seeps along the slope that separates the primary and secondary terraces. Seeps occur at
the toe of the slope as well as high in the slope face. The source water of the seeps was
not determined during our investigation. The final hydrologic feature includes four farm
ponds located along the slope that separates the primary and secondary alluvial terraces.
Water for the ponds appears to be originating from pipes or ditches from the secondary
terrace and from groundwater sources.
Vegetation
Natural vegetation communities within the properties can be broadly categorized as
sedge/rush swales, wet meadow, and mixed grassland. The communities form a mosaic
within the property and intergrade together depending on microtopography, soils, and the
ambient hydrologic regime. Each community is briefly described below.
Sedge/rush swale vegetation communities are found within both properties surveyed.
Sedge/rush swale vegetation communities are found in depressions formed by historic
erratic alluvial deposition and meandering of the Big Thompson River on both properties
and within surface water drainages formed by irrigation tailwater. On both properties
sedge/rush swales are also located on the slope between the primary alluvial terrace and
2
secondary terrace. These communities are generally restricted to topographic
depressions. They are localized and form a mosaic throughout the property. The
dominant species are sedges and rushes. The following species were commonly
encountered within the sedge/rush swales; three square (Scirpus americanus), Baltic rush
(Juncus balticus), foxtail barley (Hordeum jubatum), blue joint (Calamagrostis
canadensis), and red and alsike clovers (Trifolium repens and Trifolium pratense). The
sedge and rush species often form a dense monoculture in these areas, and species may be
segregated by slight differences in the moisture regime caused by drying or
microtopography within the swale or depression. Sedge/rush swales intergrade with the
following vegetation community throughout the properties.
Wet Meadow vegetation communities are found along the toe of the slope that separates
the primary alluvial terrace and the secondary terrace within the Green property. Wet
meadow communities are also found above the large pond on the Green property and
adjacent to the south boundary on both properties. The dominant species are sedges and
grasses including three square (Scirpus americanus), foxtail barley (Hordeum jubatum),
and blue joint(Calamagrostis canadensis).
Mixed grassland vegetation is found within the remaining areas of the property. Grasses
and forbs dominate this community. The dominant species are inland saltgrass
(Distichlis spicata),red and alsike clovers, and foxtail barley.
Soils
Soils within the area of interest are representative of their genesis and topographic
position. The Natural Resource Conservation Service (USDA, 1980) identifies five soil
map units within the properties.
The primary alluvial terrace adjacent to the Big Thompson River contains Aquolls and
Aquents. Aquolls and Aquents develop along bottomlands and flood plains of major
streams. They are deep, poorly drained soils formed in recent alluvium. Commonly the
soils have a loamy or clayey surface layer and are underlain by sand and gravel within 48
inches. The differences between these soils are found in the color of their surface layers.
Aquoll and Aquent soils are defined as hydric by the U.S. Army Corps of Engineers
(USACE, 1987).
The southeast corner of the Croissant property contains Paoli loam. Paoli loam is a deep,
well-drained soil formed in alluvial deposits on terraces. Typically, the surface layer is
grayish brown loam and fine sandy loam about 25 inches thick. The underlying material
to a depth of 60 inches is light brownish gray fine sandy loam. This soil type is not
identified as hydric by the USACE.
The slope that separates the primary and secondary terraces contains Cascajo gravelly
sandy loam. This soil unit is also found along the south edge of the Croissant property.
This is a deep, excessively drained soil on terrace edges and upland ridges. Typically, the
surface layer to a depth of nine inches is a brown gravelly sandy loam. The upper part of
3
the underlying material, to approximately 22 inches, is pale brown and light yellowish
brown very gravelly sandy loam. The lower portion to a depth of 60 inches is light
yellowish brown very gravelly sand. This soil type is not identified as hydric by the
USACE.
Otero sandy loam is located within a band between the Cascajo and Olney soils trending
northwest-southeast along the slope separating the terraces through the Green property.
This is a deep, well-drained soil on plains that is formed in mixed outwash and eolian
deposits. The surface layer of this soil is brown sandy loam about ten inches thick. The
underlying material to a depth of 60 inches is pale brown find sandy loam. Otero sandy
loam is not listed as a hydric soil by the U.S. Army Corps of Engineers.
Obey fine sandy loam is located within the irrigated pasture located on the southwest
corner of the Green property. This is a deep, well-drained soil on plains formed in mixed
outwash deposits. The surface layer, to about ten inches, of the soil is grayish brown fine
sandy loam. The subsoil is yellowish to very pale brown sandy clay loam to about 14
inches. To a depth of 60 inches is very pale brown fine sandy loam Obey soils are not
classified as hydric by the U.S. Army Corps of Engineers.
SURVEY
The survey was conducted by randomly crisscrossing the potentially critical orchid
habitat within the property. The only area not surveyed was the banks of the Big
Thompson River.
CONCLUSIONS
A pedestrian survey to identify the presence of Spiranthes diluvialis was conducted on
July 21 and 24, 2000 by Savage and Savage staff. The survey was conducted in
accordance with U.S. Fish and Wildlife Survey guidelines and during the period of
anthesis of the type population of the orchid in neighboring Boulder County, Colorado.
No individuals of Spiranthes diluvialis were found during the survey within the Croissant
and Green properties.
4
LITERATURE CITED
U.S. Department of Agriculture, Soil Conservation Service. 1980. Soil Survey of Weld
County Colorado; Southern Part
U.S. Fish and Wildlife Service. 1992. Interim Survey Requirements for Spiranthes
diluvialis.
5
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Savage and Savage
practical solutions for environmental problems
Land Restoration and Reclamation Services
464 West Sumac Court 303 666-7372 telephone
Louisville,Colorado 80027-2227 303 665-6808 facsimile
June 28, 2000
Rob Laird
Banks and Gesso, LLC
720 Kipling Street, Suite 117
Lakewood,Colorado 80215
Re: Preliminary Investigation of Frank Green and Croissant Properties, Weld County,
Colorado
Dear Rob:
On June 27, 2000, Edith and I conducted a preliminary site investigation of two
properties that may be developed for mineral extraction south of the Big Thompson River
along the Larimer-Weld County border. The purpose of the site investigation was to
assess the likelihood of encountering jurisdictional wetlands, and potential habitat for the
Preble's meadow jumping mouse (Zapus hudsonius preblef) and Ute ladies-tressed orchid
(Spiranthes diluvialis).
The site investigation consisted of a pedestrian and vehicle inspection of approximately
180 acres located within the N'/z of Section 30, Township 5 North, Range 67 West of the
Sixth Prime Meridian, Weld County, Colorado. Currently, the property has several
ongoing land uses including agriculture (hay), oil and gas production, grazing, water
storage, and residential. Adjacent land uses include oil and gas production, agriculture,
grazing, and residential. Findings of the preliminary site investigation are detailed
below. The general location of potential Preble's meadow jumping mouse and Ute
ladies-tresses orchid habitat and potential jurisdictional wetlands are depicted on the
attached map.
Waters of the United States
Waters of the United States, regulated by the U.S. Army Corps of Engineers, are all
waters which were, are, or could be used in interstate commerce; and include (but are not
limited to) rivers, streams, ponds, sloughs, and wetlands. Other than jurisdictional
wetlands, the most significant flowing waters of the United States within the properties
are the Big Thompson River bordering the northeast corner of the east property parcel,
and a "blue-line" surface drainage flowing from west to east through the center of both
properties. The surface drainage appears to be a complex of relict meanders of the Big
Thompson River. Segments of the surface drainage have been historically altered
through ditching and redirection of surface water on the properties. In the areas where
Rob Laird
Frank Green and Croissant Properties
Page 2
the surface drainage follows a natural channel or swale, the U.S. Army Corps of
Engineers (Corps) will exert jurisdiction over the drainage, including the channel and all
associated wetlands. For the altered drainage areas, including the recently constructed
ditch, the Corps will claim juirsdiction on the basis that the ditch intercepts natural seeps
or leaky, seeping, or uncontrolled irrigation water, all considered to be waters of the
United States.
Four farm ponds are located within the Frank Green property. Three of the farm ponds
are found surrounding the residence along Weld County Road 13. The remaining pond,
which is also the largest in area, is located below the secondary alluvial terrace near the
east boundary of the Frank Green property. The Corps will claim jurisdiction of all of the
ponds, as waters of the United States or natural resources. The claim is based on the
groundwater and/or seepage source for water filling the ponds. Regular maintenance of
the ponds for agricultural purposes would not be regulated.
Jurisdictional Wetlands
Regulated jurisdictional wetlands encountered in Colorado include submergent,
emergent, wet meadows, sloughs, surface water drainage ditches, bogs, and potholes.
Within the property, submergent, emergent, and wet meadow types of jurisdictional
wetlands were observed.
Submergent wetlands are those wetlands which contain vegetation which is rooted on the
bottom of a channel and does not grow out of the water. This type of wetland is
contained within the flowing channel of the surface drainage and Big Thompson River
described above.
Emergent wetlands are those areas where the vegetation is rooted in a saturated or
inundated area and the vegetation emerges from the wet area. Within the properties,
emergent jurisdictional wetlands were observed along several relict meanders, ditches,
and at the toe of the secondary alluvial terrace. These areas appeared to be old
geomorphic features, with topography lower than the surrounding area and hydrophytic
vegetation(sedges and rushes). These areas may represent jurisdictional wetlands.
Wet meadow wetlands are areas that have sufficient hydrologic connectivity to support
hydrophytic vegetation throughout the year. Typically, these areas support a mix of
sedges, rushes, and wetland grasses and forbs that remain green throughout the growing
season. Throughout both properties there are areas that reveal vegetation typical of wet
meadow wetlands. These areas form a mosaic on the primary alluvial terrace of the Big
Thompson River and extend from Weld County Road 54 to the toe of the secondary
terrace to the south. Wet meadow wetlands are often ephemeral and dependent on a
reliable source of near surface water.
- '
Rob Laird
Frank Green and Croissant Properties
Page 3
es-
The majority of the remaining areas within the properties are dominated by inland
saltgrass(Distichlis spicata),though considered a wetland indicator species, we generally
conclude that areas dominated by this species are not jurisdictional in Colorado.
Preble's Meadow Jumping Mouse Habitat
The Preble's meadow jumping mouse (Zapus hudsonius preblei) is a federally listed
threatened species which generally occurs near wetlands and water bodies. Currently, the
U.S. Fish and Wildlife Service (USFWS) and Corps of Engineers are requiring habitat
assessment and/or live-trapping surveys for all projects in potential Preble's habitat. The
property was evaluated for potential Preble's habitat, based on the current USFWS
guidelines.No potential Preble's habitat was identified within the properties.
Ute Ladies-tresses Orchid Habitat
The Ute ladies-tresses orchid (Spiranthes diluvialis) is a federally listed threatened plant
species characteristically found in wet meadows and alluvial flood plains below 6500 feet
in northern Colorado, southwestern Wyoming, and the Uintah Basin of Utah. Habitat
assessments and/or pedestrian surveys during the blooming period are required for sites
within the South Platte River 100 year floodplain and in characteristic habitat which
includes areas with a seasonally high water table, wet meadows, stream channels,
floodplains, areas with vegetation in the facultative wet or obligate classification, and
jurisdictional wetlands. Based on the preliminary investigation, there appears to be
potential orchid habitat in the wet meadow communities within the properties.
Discussion and Recommendations
Jurisdictional wetlands and waters of the United States are present within the properties
investigated. If development envisions impacting the area between Weld County Road 54
and the top of the secondary alluvial terrace, a jurisdictional wetland delineation should
be undertaken to characterize the wetlands and establish areal extent. If necessary; Army
Corps of Engineers permitting could then be pursued.
Potential Preble's meadow jumping mouse habitat was not observed within the
properties.
Characteristic potential habitat for the Ute ladies-tresses orchid appears to be present in
the property in topographic low areas and wet meadow communities within the
properties. The Corps of Engineers and USFWS may require a detailed habitat
assessment and documentation to be submitted for a determination of habitat presence. If
USFWS determines that there is potential habitat, a pedestrian survey will be required
during the orchid's flowering period. The survey must be conducted between July 20 and
August 31.
Rob Laird
Frank Green and Croissant Properties
Page 4
If I can provide additional information or clarification regarding survey or delineation
requirements, please call me at your convenience.
Sincerely
Michael S. Savage
Vice President
enclosure: General Location Map
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we aunty planning Dept Loveland, CO 80537
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May 1, 2001 -.
RECEIVED
Mr. Robert Anderson C
r
Weld County Planning Department
1555 North 17t Avenue
Greeley, CO 80631
Mr. Anderson, —
I am writing to you as a property and mineral owner for the project site currently under
review by your Department as Weld County Use by Special Review Case USR-1329.
The surface estate at this property is the site of a proposed mining operation for
Loveland Ready Mix Concrete, Inc and is owned by the Croissant Family Trust. The
sand and gravel mineral estate for this property are being leased by Loveland Ready Mix
Concrete, Inc., while the oil and gas estate for this property will continue to be owned by
the Croissant Family Trust.
The County is requiring a statement from the mineral owners at this property that oil and
gas activities have been adequately incorporated into the design of the site. No oil wells
are located on the Croissant Family Trust property and any future wells will not interfere
or conflict with the proposed mining operation. In this case, no oil and gas facilities will
be displaced by the proposed Use by Special Review, nor will the plan interfere with
future access to the site for the purposes of oil and gas development.
Please place this correspondence in the appropriate file for Case USR-1329. If you
have any questions, the permitting representative, Banks and Gesso, LLC, should be
able to provide additional clarification regarding future plans for the site.
Sincerely,
Ms. Viola C. Croissant, Trustee
Croissant Family Trust
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