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Home My WebLink About20012128 e ,-rA/,u AAEoUACF1 ,2rSFb.,vE Pm ,4PP/PnaJ/+4_ k.Eeo,Home L&777?/2 C PLATTE SAND & GRAVEL L.L.C. S & H MINE WELD COUNTY, COLORADO Regular 112 permit December 2000 APPLICATION FOR A MINED LAND RECLAMATION BOARD CONSTRUCTION MATERIALS PERMIT PREPARED BY ENVIRONMENT, INC. 7985 VANCE DR., SUITE 205A ARVADA, CO 80003 (303) 423-7297 2001-2128 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Demlinenl of Natural Ramos 1317 Sherman St.,Room 215 ulvlfloN o, Denver,Colorado 80203 MINERALS Phone: 13031866-3567 VJenotNtWriltning Dept. a E o L o r.Y al CCANATION NINING•f MITY CONSTRUCTION MATERIALS Bill Owens „': I J 2.1:r0‘ REGULAR OPERATION (112) Gown", E C E I V E D RECLAMATION PERMIT APPLICATION FORM G,egf.Wakher ? (,CCWIve Director nllCAael a lonr 0secw, CHECK ONE: XX New Application (Rule 1.4.5) _ Amendment Application (Rule 1.10) Conversion Application (Rule 1.11) Permit / M - - - provide for Amendments and Conversions of existing permits) This application for a Regular Operation Reclamation Permit contains three major parts: (1) the application form; (2) Exhibits A-S, Addendum 1, any sections of Exhibit 6.5 (Geotechnical Stability Exhibit; and (3) the application fee. When you submit your application, be sure to include one (1) signed and notarized IVORY ORIGINAL and four (4) copies of the completed ivory application form, five (5) copies of Exhibits A-S, Addendum 1, appropriate sections of 6.5 (Geotechnical Stability Exhibit) , and a check for the application fee described under .-- Section (4) below. Exhibits should not be bound or in 3-ring binders; maps should be folded to 8 1/2" X 11" or 8 1/2" X 14" size. To expedite processing, please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or Print clearly, in the space provided, all information described below. 1. Applicant/Operator Name (name to be on Permit) : Platte Sand & Gravel LLC 1.1 Type of Organization (corporation, partnership, etc. ) : Corporation 1.2 I.R.S. Tax ID No. or Social Security No. : No tax Id at this time. 2. Operation Name (Pit, mine or site name): S & H Mine 3. Permitted Acres (new or existing site) : 1239.40 permitted acres 3. 1 Change in (+ or -) acres 3.2 Total acres in Permit area 1239.40 acres 4. Fees: 4.1 New Application: $2,344.00 application fee 4.2 New Quarry Application: $3,906.00 'quarry application 4.3 Milling Application (non-DMO) : $3,_tn" AA milling application 4.4 Amendment Fee: $1,938.00 amendment fee 4.5 Conversion to 112 application (set by statute) 82,341.04 conversion fee 5. Primary commodities(s) to be mined: Sand Gravel 1 Incidental commodities(s) to be mined: 1. / lbs/Ton/yr 2. / lbs/Ton/yr 3. / lbs/Ton/yr 4. / lbs/Ton/yr 5. / lbs/Ton/yr li 2 Anticipated end use of primary commodities(s) to be mined: Construction Aqqs. =J 0 3 Anticipated end use of incidental commodities(s) to be mined: +� ass Ammo -2- 6. Name of owner of surface of affected land: See Exhibit O If 2 or more owners, refer to Exhibit O. 7. Name of owner of subsurface of affected land: See Exhibit O 7.1 Names of the holders of any recorded easements on the affected land: (see Exhibit O) 8. Type of Mining Operation: XX Surface _ Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN (check one) : XX 6th (Colorado) _ 10th (New Mexico) _ Ute SECTION (write number) : S 35 TOWNSHIP (write number and check direction) : T 4 XX NORTH _ SOUTH RANGE (write number and check direction) : R 67 _ EAST XX WEST QUARTER SECTION (check one) : XX NE NW SE _ SW QUARTER/QUARTER SECTION (check one) : NE XX NW SE _ SW GENERAL DESCRIPTION: (the number of miles and direction from nearest town and approxi- mate elevation) Approximately 2.5 miles northwest of Platteville, CO, West of WCR 23, from WCR 36 on the south to WCR 42 on the north, approximate elevation 4750. 10. Primary future (Post-mining) land use (check one) : Cropland (CR) Pastureland (PL) _ General Agriculture (GA) Rangeland (RL) _ Forestry (FR) Wildlife Habitat (WL) Residential (RS) XX Recreation (RC) Industrial/Commercial(IC) Developed Water Resources (WR) _ Solid Waste Disposal (WS) 11. Primary present land use (check one) : ____ Cropland (CR) _ Pastureland (PL) XX General Agriculture (GA) Rangeland (RL) _ Forestry (FR) _ Wildlife Habitat (WL) Residential (RS) _ Recreation (RC) _ Industrial/Commercial(IC) Developed Water Resources (WR) 12. Method of Mining: Briefly explain mining method (e.g. truck/shovel) : Open pit sand and gravel, removed with a dredge and processed. Some area may be dry mined by dewatering the excavation area. Loaders and scrapers will be used in the dry area. 13. On Site Processing: XX Crushing/Screening 13.1 Briefly explain mining method (e.g. truck/shovel) See above List any designated chemicals or acid-producing materials to be used or stored within the permit area: Not applicable -3- 14. Correspondence Information APPLICANT/OPERATOR (name, address and phone of name to be used on permit) Individual's Name: Rocky Hoffschneider Title: Operations partner Company Name: Platte Sand & Gravel LLC Street: P.O. Box 180 City: Littleton State: Colorado Zip Code: 80160 Telephone Number: 1_111__L - 274-4474 Fax Number: ( 303 ) - 274-4464 PERMITTING CONTACT (if different from applicant/operator above) Individual's Name: Stevan L. O'Brian Title: Consultant Company Name: Environment, Inc. Street: 7985 Vance Dr., Suite 205A City: Arvada, State: Colorado Zip Code: 80003 Telephone Number: ( 303 ) - 423-7297 Fax Number: ( 303 ) 423-7599 INSPECTION CONTACT Individual's Name: Rocky Hoffschneider Title: Operations partner Company Name: Same Street: City: State: Zip Code: Telephone Number: ( 303 ) - 274-4474 Fax Number: ( 303 ) - 274-4464 CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Not applicable Street: City: State: Zip Code: Area Code: Telephone: CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Not applicable Street: City: r State: Zip Code: Area Code: Telephone: -4- 15. Description of Amendment or Conversion If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s) . Maps and Exhibits: Five (5) complete, unbound application packages must be submitted. One complete application package consists of a signed application form and the set of maps and exhibits referenced below as Exhibits A-S and the Geotechnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate documents are used as appendices, please reference these by name in the exhibit. With each of the five (5) signed application forms you must submit a corresponding set of maps and exhibits as described in the following references to Rule 6.4 and 6.5: EXHIBIT A Legal Description EXHIBIT B Index Map EXHIBIT C Pre-Mining and Mining Plan Map(s) of Affected Lands EXHIBIT D Mining Plan EXHIBIT E Reclamation Plan EXHIBIT F Reclamation Plan Map EXHIBIT G Water Information EXHIBIT H Wildlife Information EXHIBIT I Soils Information EXHIBIT J Vegetation Information EXHIBIT K Climate Information EXHIBIT L Reclamation Costs EXHIBIT M Other Permits and Licenses EXHIBIT N Source of Legal Right to Enter EXHIBIT 0 Owners of Record of Affected Land (Surface Area) and Owners of Substance to be mined. EXHIBIT P Municipalities Within Two Miles EXHIBIT Q Proof of mailing of Notices to County Commissioners and Soil Conservation District EXHIBIT R Proof of Filing with County Clerk and Recorder EXHIBIT S Permanent Man-Made Structures RULE 6.1.2(1) (b) ADDENDUM 1 - Notice Requirements (sample enclosed) RULE 6.5 - Geotechnical Stability Exhibit (any required sections) The instructions for preparing Exhibits A-S, Addendum 1 and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.6.2(1) (b) of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required, or would like to schedule a pre-application meeting you may contact the Office at 303-866-3567. -s- Responsibilities as a Permittee: Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a number of important requirements which you, as a permittee, should fully understand. These requirements are listed below. Please read and initial each requirement, in the space provided, to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office for a full explanation. 1 . Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financially warranty is forfeited; __.4,v_ 2 . The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regula- tions, or that information contained in the application or your permit misrepresent important material facts; ( �- �) 3 . If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as permittee can result; { 4 . Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; 1' ' 5 . It is your responsibility to notify the Office of any changes in your address or phone number; : a6. Upon permit issuance and prior to beginning on-site mining ac- tivity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information (Rule 3 . 1 . 12 ) : a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, ,.- c. the permit number. 4 7 . The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance. -g- 8. It is a provision if this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Min- i) eral Rules and Regulations in effect at the permit was issued. )f�rll 9 . Annually, on the anniversary date of permit issuance, you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year) , any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example, a permit with the anniversary date of July 1, 1995, the annual fee is for the period of July 1, 1994 through June 30, 1995 . Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as an operator, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. NA 10 . For Joint venture/partnership operators: the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s) ) authorizing the signature of the representative is attached to this application. NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions, changes and deletions to this document prior to final decision by the Office. Therefore, if you have any comments or concerns you must contact the applicant of the Office prior to the decision date so that you will know what changes may have been made to the application. The Office is not allowed to consider comments, unless they are written, and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and the Office's review and decision or appeals process, you may contact the Office at (303 ) 866-3567 . -7- Certification: As an authorized representative of the applicant, I certify that the operation described has met the minimum requirements of the following terms and conditions: 1. To the best of my knowledge, all significant, valuable and permanent man-made structure(s) in existence at the time this application is filed, and located within 200 feet of the affected are have been identified in this application (Section 34-32.5- 115(4) (e) , C.R.S. ); 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115 (4) (f) , C.R.S. ); 3. As the applicant/operator, I do not have any extraction/exploration operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Constructions Materials (Section 34-32.5-120, C.R.S. ) as determined thru a Board finding. 4. I understand that the statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section t 18-8-503, C.R.S. I fSigned and date Q this aO day of 3 et e v. {j am(. , 2 006 I r s-Enc p icant/o er or If Corporatio///0, `y 99/// Attest (Seal / By: Rocky Hoffschneider By; // , rpoSc Equivalent Title: Operations Partner ° Town/Ciy/Coup y Clerk State of COLORADO es County of JEFFERSON T/f The forgoing instrument was acknowledged before me this 20 day of 1 4C6a475E2, 2000 , by Rocky Hoffschneider as Operations Partner of Platte Sand and Gravel LLC . sot Loft, ,Set2f Notary Public CO *orngp �.. My Commission expires: A8-OCi-loot 04/25/97 2823FCO.112 Cria Puaut fo TABLE OF CONTENTS PAGE LEGAL DESCRIPTION - EXHIBIT A 1 VICINITY MAP - EXHIBIT B 2 INDEX MAP - EXHIBIT B-1 3 MAP EXHIBIT C - AFFECTED LANDS 62 MAP EXHIBIT C-1 - MINING PLAN 62 MINING PLAN MINING PLAN AND TIMETABLE - EXHIBIT D 4 RECLAMATION PLAN RECLAMATION PLAN AND TIMETABLE - EXHIBIT E 13 MAP EXHIBIT F - RECLAMATION PLAN 62 BASELINE INFORMATION WATER INFORMATION - EXHIBIT G 22 WILDLIFE STATEMENT - EXHIBIT H. 23 SOILS & VEGETATION- EXHIBIT I/J 24 SOILS MAP EXHIBIT I-1 45 CLIMATE - EXHIBIT K 46 ADDITIONAL INFORMATION RECLAMATION COSTS - EXHIBIT L 47 OTHER PERMITS AND LICENSES REQUIRED - EXHIBIT M 48 SOURCE OF LEGAL RIGHT TO ENTER - EXHIBIT N 49 OWNERS OF RECORD OF AFFECTED LAND-SURFACE AREA - EXHIBIT 0 51 MUNICIPALITIES WITHIN TWO MILES - EXHIBIT P 52 NOTICE TO COUNTY COMMISSIONERS - EXHIBIT Q 53 NOTICE TO SOIL CONSERVATION DISTRICT - EXHIBIT Q 54 PROOF OF FILING WITH COUNTY CLERK AND RECORDER - EXHIBIT R 55 PERMANENT AND MAN MADE STRUCTURES - EXHIBIT S 56 APPENDIX PUBLISHED NOTICE OF APPLICATION FILING FOR A MINED LAND RECLAMATION PERMIT 58 CERTIFICATE OF SECRETARY 59 PUBLIC NOTICE 60 PROOF OF PUBLICATION 61 ', EXHIBIT A LEGAL DESCRIPTION The SEh and parts of the SEkNEk, SIONEk, NEhSWh, SEkSW3/4, SWhSW1/4 & SE}NWT, Section 26, and Parts of the SEhNE', and SWkNEk, Section 34, and All of the WANE', SE', EhSWh, NW'SW' and NWT and parts of the NE'NE', and SEhNEk of Section 35, T-4-N, R-67-W and Parts of the NE1, SEA, EhSWk and the EhNWk, Section 2, T-3-N, R- 67-W, of the 6th P.M. , Weld County, Colorado. Containing 1,239.40 ac. more or less. r 1 � {.'ham %i C L � J rpTrTTtMt 27 '' ) i%vb. -26 '1/4,.., a gin,? -1: i r -- S \1 144,4 s . I O60 <62 . 8. / (e#47 I a eyes W C yp h i w _. __ 4ii65 e f � 3 w� # 1 1 • I )' )lr �� ot.eI / y I t, 4 11. 35 1 / wen a 473936 9 o so a 0771 j a 4.a .•3` CJ 9 \ 4733 1 4770 1 I ( .. T L N ' 07 e � 5. a _ �� ., '.4773 .___--._t_________ 9,- R3 6 • II i IRew /�p • - j of .- t7 • a tk � 3 i 2 I } well 478/ r Nom\ ; !e \%- 3 , '�� ( • ---• ; • )I I eat 3 N I I . 1 78ex . Kid. • ' I ll' N ' :>`"°^ „e VICINITY MAP - EXHIBIT - B-1 —' q • \ } PLATTE SAND & GRAVEL LLC IS & HMine 19 1 11 7 10 4790 PARTS OF SECTION 26. AND PARTS. SECTION 34, AND / II • PARTS or SECTION 35. T 4 N. R-67-W AND PARTS OF SECTION 2. T 3-N, R-67 W. OF THE 6TH P.M.. 2 WELD COUNTY. COLORADO. 14,-r- a r�^_� J:' 'Tt'. , ' it `1 c 4 �I r Fs t A, ' • i rte-Lila , at tanerfrou4 r. IM ate..- '?:; �"� j� ads Place . k i' 4 z ° -,K NUS( US( I§ Sir77� ,A' •. 'troy{ L. o�bto"" •'z.Pteree . Y tell fi 7 1 44-ill?". 5:\"v ° n t:*tL 141°ems ,L,A ' l•Fessto .'� .. \ �' 1 .g.te )1i Ni 4 1 im1Lt Galeton Corms nviile , �1w��'!'� �..sor a 1, , . +, 37;40 Cilinil '(tTyll >✓ a+ •H rnesvl a - -- . .„ I i4ts y al �'CI ,�� WELD • ...__S__ Q „ r Ilt 1. 1 iiicon. wr ir 14 tower Latham j` tr fates � r es t y` rot•-• / a 4.4-' . .,e) r:• 4 , 1'' Y _ Sal alle ;'� ja. ,c '{ r 'woo I 'h• Buts COrne d yam, ,.._- Ig/ `\ Iyl'Inga' 1 =till'• :4i. r o MfRon Res. Diaan 4M 7 P At)tAtta • • a eve e �R. Roggen I Ong a g•\4 we • LDER // ` FirestoneCH ` J6 N .nesDurg tad In' � ® t1 Datono rD LUp •Hudson I rosy«1 • e • % plc . ' R�II�� li ! Valley S g O ' ' Lid Hasa(seek Res. Y y : ri I hton�1�t3 / _ _ __-_,,e g-n^ - n•isvn�• AC) • 1 t0 .5) n ochbel. -- ---- - — .....w`• - :: st) 22 �."s"•"� •O_ ••, r' as Ai ..-.. .• tE•il%itioV.IFIC4..,... , .r. . . yr a• 0) Golden o tit:", 7"tt rl city x lxe, ,. Y Wit hn_.�- Bennett•_, Q Stn Ii�a z ®��r 0 ° a��ill— "`LD • ETA I 10 rid e r •I . i• O 41x Li ®9 $ f'ld eaa:° tie Air- �� v" . • -'.a a .r . LOCATION MAP - EXHIBIT - B-2 li Nice—Cit. • + i • In- 0 ..ILL �, hid aft! rEa-" . 1 - t Platte Sand & Gravel LIL H Iita Little i ,a m S & H MINE 44 ti tel t 4 ' r 4.- / �,� skelend i PARTS OF SECTION 26. AND PARTS, SECTION 34, AND ^--r•" -- PARTS OF SECTION 35, T-4-N, R-67-W AND PARTS OF 3 SECTION 2. T-3-N, R-67-W, OF THE 6TH P.M., WELD COUNTY. COLORADO. MINING PLAN • .-� EXHIBIT D MINING PLAN AND TIMETABLE LOCATION The property is located in Weld County approximately 2.50 miles northwest of Platteville Colorado along the South Platte River. Please refer to Exhibit B - Vicinity Map for the property configuration and the relationships to surrounding geological features. The area to be mined lies in the river bottom area west of the Western Mutual Ditch and south and east of the river. Near the west center part of the property the St. Vrain River enters the Platte. The permit area is 1, 239.40 acres ± and consists of two parcels; one owned by Tom Sharkey and the other by Krystal Hoffschneider. Mr. Sharkey owns 1, 171. 19 acres ± and Ms. Hoffschneider owns 68.21 acres ± in the southeast part of the site. The PRE-MINING MAP - EXHIBIT C show how the area looks at this time. The northern boundary line of the mined area is the center line of the rive and the southern boundary is Weld County Road (WCR) 36 and the Western Mutual Ditch's overflow return ditch. The east line follows the east line of Section 2 , T-3-N, R-67-W and Section 35, T-4-N, R-67-W, to an intersection point with the Western Mutual Ditch. From there it follows the center line of ditch to where it crosses the property line near the intersection of WCR 23 and 402. It then goes north along the east side of Section 26, T-4-N, R-67-W, to the river. Fences delineate large sections of the south and west line of the permit area. The gravel deposit is an alluvial deposit that averages 45+ feet deep across the property and the site elevation is approximately 4750 feet, sea level datum. There are a number of gas/oil wells and supporting facilities on the site. Their location is shown on all maps and the approximate location of the gaslines supporting the wells are show. Prior to enter a mining area we will contact a locate service to mark each buried gasline so we know the exact location of the line. All necessary precautions will be take to protect and preserve these lines. This may change the final configuration of a lake and will be addressed in our annual reports. CURRENT CONDITIONS Map Exhibit C shows the outline of the mining area, the touching landowners, the 200 foot ownership, current topography, and hydrologic features of the property. The land is presently used for agricultural purposes by the landowners. Sections of the permit area are river bottom with cottonwood trees and riparian habitat. Some of the area is used as irrigated pasture, and hay field and some is left as dryland area because of its marginal range value. Surrounding property uses, on the areas outside the river bottom, include irrigated agriculture or dryland pasture. The riparian areas are used by the ranching operation for cattle grazing and some have oil wells located in them. The area that are not actively mined during the life of 4 MINING PLAN EXHIBIT D (CONT) the operation will continue to be used by the landowners for agricultural purposes. GEOLOGIC SETTING The affected lands are located along the South Platte River in a Quaternary age, Piney Creek alluvial deposit. The eastward dipping beds of Upper Cretaceous age are overlain at an angular unconformity by the Pine Creek alluvium. The sand and gravel encountered in the Piney Creek alluvium are a result of water erosion and redeposition of rock materials from the front range of the Rocky Mountains. The deposition of this material occurred during a time when the river was much larger than it is now. But, judging from the scarcity of large rocks found at the location, the velocity of the river must have slowed sufficiently to have dropped boulders and most large cobble before it reached this point. This type material is found from south of Denver to the state line along the South Platte River. The quantity of course gravels and sand vary from a ratio of 80% rock to 20% sand in Denver to 30% rock 70% sand at Julesburge. We have found along this section of the river deposit has a 50% rock, 50% sand ratio and the deposit is more than 45 feet deep. It appears to be of fairly uniform depth across the property with deep spots on the south end and near were the St. Vrain Rivers enters the Platte. Overlying the gravel deposit is a thin layer of soil that varies from 0 to 24 inches, averaging 9 inches overall. SOILS AND OVERBURDEN There are 7 types of soils found on the site. These soils appear to be typical along the South Platte River in Weld County. They have no unusual qualities and are marginal for agricultural purposes. See the SOILS AND VEGETATION INFORMATION for the soils information prepared by the Natural Resources Conservation Service regarding the soils information on this site. The soil information presented by the SCS is not site specific, it describes in general terms the nature of the soils found at this site. Since their data is not site specific, we have supple- mented it with our site specific observations below, and included the general information as reference material. The 7 types of natural soil on the mining parcel as deter- mined by the Natural Resources Conservation Service, are designated on the soils map as Units 1, 2, 3, 10, 16, 21, and 68. Descriptions for each soil is part of the NRCS report that is in the Soils and vegetation part of this application. MINING PLAN Of the total 1,239 .40 acres in the permit; 831. 11 acres ± are to be mine, 768. 32 acres ± will be water (lake area) ; 64. 17 acres ± will need reclamation and 12.75 acres will be roads. The remaining 394 . 16 ac ± to be undisturbed area or setbacks around the mine. The 768. 32 acres ± of water surface area will be broke 5 MINING PLAN EXHIBIT D(coNT) into 9 different lake areas. Please refer to the Mining Timetable on page 10 for the estimated acreage of each area associated with the mining parts of this operation. The revegetation plan and methods used during reclamation is discussed in EXHIBIT E - RECLAMATION PLAN. Sufficient quantities of soil will be available to reclaim the disturbed lands to their present condition. The soils in this area may not be of high quality, but the those salvaged and replaced are representative of what is there now. The topsoil stockpiles will be located so as to reduce the haul distances when reclamation starts. See the MINING PLAN MAP - MAP EXHIBIT C-1 for the approximate location OR areas discussed in this text. This pit will be operated year-around, weather permitting, as a specification aggregates supply for our own use or for sale on the open market. It will be a single stage mining operation located on 1,239 . 40 ac. ± south of the South Platte River and west of Weld County Road 23 . By single stage we mean that the amount of area disturbed will be limited so that mining can take place on parts of the entire permit area, so long as the total area does not exceed the bonded disturbance limits. MAP EXHIBIT C-1 - MINING PLAN MAP, delineates the proposed mining operation and shows the part of the property to be mined. Reclamation will run concurrent with mining to reduce the amount of disturbance at any one time. This parcel can be broken into two distinct areas; the area to be mined and areas that will not be disturbed. The undisturbed areas include river bottom, unminable terrace areas, oil and gas production facilities, and the ranch complex areas. The areas of river bottom contain large cottonwood trees and riparian habitat is not part of the mining area but is included in the permit should the owners wish to enhance the area for wildlife use during the life of the mine. The mining timetable shows the various mining areas and are in alphabetical order. The time table does not infer direction of mining only shows the approximate life of each area and the area to be mined. The life of each area is based on an average yearly production rate and may vary depending on market demands. Mining equipment may include but is not limited to, a gravel dredge and it's auxiliary equipment, front-end loaders, scrapers, motor graders, a dragline, bulldozers, conveyors, dump trucks and a water truck. Operations will commence in two areas on the site. The second area is a terrace deposit of gravel in the Highlands Lake area containing an above water deposit that can be mined without exposing ground water. We chose these two area because they are located on marginal agricultural areas will little or no topsoil. The Sharkey's Lake area is an old sprinkler circle where a sod farm was operated. An infestation of prairie dogs inhabits this part of the site and have further degraded the pasture. The Plant Site area located in the Sharkey's Lake area will be used to process material from both areas. The topsoil will be 6 �.., MINING PLAN EXHIBIT D (coNT) stripped from this area prior to use and will be stockpiled for use in reclamation. Once this is done and the processing equipment is set up, an area of approximately 15. 00 acres will be stripped adjacent and north of the Plant Site, this is where mining will begin on Sharkey's Lake. A dragline will be used to open a pond on which a gravel dredge will be set. The dredge is capable of mining to depths of 60+ feet and is the most feasible way to mine this particular type of material. Once the dredge and dredge boat are floating, mining will proceed to the north towards the river until the area boundary line is reached along the circular road. The mining face will be worked across the entire lake width as shown on the Mining Plan Map. Mining will work in a clock wise direction around this first area until all material is removed. The dredge will then move south of the Plant Site and begin mining to the south to area boundary line. This material will be processed at the Plant Site or used to build internal roads needed at startup. In the Highlands Lake area we will start mining on the west end of the terrace deposit, using frontend loaders and scrapers to remove the material. As mining progresses in this area we will only remove the material that is above water at this time. This will level the bench off so it is consistent with the lower elevations of the area. This area will then be resoiled and seeded until mining returns to mine the entire Highland Lake area later in the life of the mine. We will employ a dredge to remove the material that is below the water table on the larger lake. Because of the depth of the material, a dredge is the most efficient way to move this material on the larger areas without the cost becoming prohibi- tive. A central pivot point for the dredge will be located on the Plant Site area, this point is where the pipe from the dredge reaches the lake shore. The pivot point may change as mining progresses, in the beginning it will be on the west side of the Plant Site. When mining is complete in a given area the dredge will be removed and the remaining small area under the Plant Site will be mined using a dragline. When the dredge is used the extracted materials will be moved to the Plant Site via an enclosed pipe that is part of the dredge. Here it will be run thru a Sauerman or some other piece of equipment to separate the sand and gravel we are interested in. The gravel will then be processed and stockpiled in the Plant Site area until it is removed to market. As mining ends in the Sharkey's Lake area we will notify the Division what area will be mined next. The size, type or material and market will determine what area will be mined next. Unfortunately we are not able to guess where that may be at this time. For this reason the arrows on the mining plan map show the direction mining will take place in the first area only. The plant site may move with mining. We chose a central point initially because the amount of gravel in close proximity allows it to be there for a long time and also place it as far from the 7 MINING PLAN EXHIBIT D(CGNT) permit boundary as practical. This will serve to limit impacts to surrounding land uses. At some time it maybe necessary to mine some of the area as dry pits. To do this we will excavate dewatering trenches around the area in question and install a pump to dry the gravel out. Where we are dry mining the material will either be moved using scrapers, large haul trucks or conveyor systems to the processing plant. No matter what method of mining we use, additional area will be stripped ahead of the mine face and the topsoil needed for reclamation will be stockpiled along the setbacks around the mine area. The rest will be sold or mixed with gravel to make various grades of product. The salvaged topsoil will be used when reclamation begins in the area where it was removed. It will be needed for resoiling slopes and other areas where we have to establish vegetation. By limiting the amount of area stripped at any one time we will lessen the visual impacts of the mining operation as much as possible. Please see MAP EXHIBIT F - RECLAMATION PLAN MAP for the approximate shape of the lakes when reclamation is complete. The amount of land disturbed at one time will be limited to that area needed for processing, batching and stockpiles (Plant Site) , 15. 00 acres ±; stripped pre-mining area, 10. 00 acres ± and no more than 10.00 acres ± or partially reclaimed area will need reclamation. This means that there will be 35. 00 acres ± or less needing some type of reclamation at any one time. Note, that any area covered by water needs no reclamation except in a narrow band below water, around the lake shore, where slopes have to be established to no greater than 3h to lv according to State Law. The Shop Area is shared with the agricultural operation and, is not included in the bond since it will remain when mining ends. The Plant Site area will be the last area to be mined as the reserves are exhausted. It may remain in the place shown on the map, or moved to the next mining area if it is not practical to haul raw material from the outer areas as mining progresses. Since a Plant Site will be utilized throughout the life of the mine it will accommodate the processing equipment and may serve as a site for auxiliary uses. These uses may include an asphalt batch plant, a concrete batch plant and/or a concrete casting facility. As mining progresses around the property the bank slopes will be created in two stages. When a dredge is used the native materials tend to sluff off the banks and assume an angle of repose of 21/211 to lv. This happens because the material in this area is unconsolidated and vertical slopes can not be maintained as mining occurs. This means that to maintain a setback of 100 feet when the gravel is 60 feet thick the mining line has be no .- less than 75 feet inside the setback lines to allow for the sloughing. The second step will be to cover these natural slopes with some of the material being mine. This will establish the slopes to the prescribed 3h to lv. A dredge makes this fairly simple since the material is contained in solution (water) and 8 MINING PLAN EXHIBIT D (COW) can be pumped and place wherever it is needed. This will also reduce the amount of reclamation work needed on the below water slopes. When the dry method of mining is used the side slopes will be mine to their final configuration. A single ditch owned by the Western Mutual Ditch Company (WMD) is shown on the maps. This ditch will not be affected by the mining operation and only serves a delineation line on the east side. Internal ditches used by the ranching operations are owned by Tom Sharkey and can be relocated or abandoned as mining progresses across the property. In the Sharkey's Lake area there are no ditches that will be affected. The irrigation waste ditch that runs thru the Highlands Lake, Bluffs Lake and Lake St. Vrain areas east of the internal road north/south road is owned by Mr. Sharkey. It drains the areas now being irrigated on the south end of the property and serves as the transport system for the stock ponds on the north end of the Bluff Lake area. Provisions will be made as the area east of the road is mined to keep it open if needed. The material being mined, whether by a dredge or another method using dewatering is essentially wet so we expect no unusual dust control problems. We can only estimate the amount of water needed for dust control at this time. The actual amounts needed will be addressed when we apply for the Senate Bill 120 Well Permit thru the Stated Engineers office. Most of the water we use for dust control will be used on haul roads. On a typical operation of this type we use 8 to 14 ac-ft per year. We can also expect to lose 4% by weight with the exported gravel. Wherever the mining operation is adjacent to the South Platte River a 200 foot minimum setback will be maintained. This is solely for safety reasons and should not be construed as anything else. The only place this happens is on the southwest side of Sharkey's Lake. Along the rest of the river we have used existing fences or natural tree lines as the mining limits. In these areas we will maintain an additional 25 feet from the fence or tree line. The setbacks along the Western Mutual Ditch will be a minimum of 50 feet, and in most cases will be below the ditch. All the setbacks will contain access roads around the mined area and some topsoil will be stored on those away from the river. The setback lines on the map are the indication of the mining limits, i.e. the top of the slope into the lake area. Once the bank slopes are established and we are assured the setbacks will no longer be disturbed they will be reclaimed in the prescribed manner. It is important to remember that the setbacks discussed above are area mining setbacks. This means that they may be narrower when the area is reclaimed because of natural erosion occurring in the river. We do not plan to armor the river side banks under this plan and we expect some erosion over time. The landowners may choose to do work along the river to protect their property. We may so some of that work under contract with them but it will not be done as part of this plan. As noted above the area needing reclamation will be no more than 35.00 acres ± at one time. 9 MINING PLAN EXHIBIT D(caNT) All interior pit slopes will be maintained with a pit-ward attitude so that there will be no drainage off the affected land. This same slope management plan will prevent any offsite slides or other disruptions, and will also address some of the storm- water runoff questions arising from the new Clean Water Act. No water will be discharged from the pit, until we have a National Pollutant Discharge Elimination System (NPDES) Permit that will address dewatering and Stormwater Permit that is now required by law. We have adequate water available to meet the requirements for evaporative loss. An application will be made for a well permit to address the need for evaporative losses associated with mining in the ground water table. It may become practical in the future to line the lake areas, making storage reservoirs of some of them. If this is done the necessary permit changes will be made. MINING TIMETABLE The continuing uncertainty of economic conditions in the construction materials industry precludes an accurate forecast of demand during the life of the mine. We therefore, elect to estimate the mining timetable based on an average year and expect a specific year to vary widely from the average. The estimated life of each area is the calculated life of the area based on an average yearly production. This list does not imply a mining direction, but rather outlined the various lakes that will be created during the life of the mine. ACRES AVERAGE ANNUAL MINING AREA YEARS PRODUCTION TOTAL AREA MINED? AREA. TONS/YEAR Bluff Lake 10-16 143.71 92.83 600,000 Confluence Lake 3-5 39.86 23.18 600,000 Highlands Lake 4-6 78.03 42.78 600,000 Longhorn Lake 18-20 207.73 118.22 600,000 Lake St. Vrain 3-5 74.32 30.90 600,000 Krystal's Lake 1-3 51.54 12.70 600,000 Meadow Lake 20-30 212.34 154.10 600,000 Sand Flats Lake 8-10 80.72 61.05 600,000 Sharkey's Lake 47-50 351.15 296.73 600,000 Totals 1,239.40 832.49 1O r RECLAMATION PLAN e- EXHIBIT E RECLAMATION PLAN AND TIMETABLE RECLAMATION PLAN The proposed future use is to be a series of nine private lakes\ponds with surrounding wildlife habitat areas. We intend to create a quiet haven with facilities for private recreational purposes such as fishing, hunting, boating and swimming. We have prepared this plan to meet the final intended use, i.e. a wildlife habitat reserve and private recreation area. During mining the area will continue to be used as a working ranch and farm on the area not mined or being mined. Since the current vegetation and soils in each lake area varies, the plans discussed below are a general description of methods used and it will be important to review each area individually as it is mined. In the MINING PLAN, we discussed mining 832 .49 acres ± within the permit boundary and creating individual ponds around the area. Please refer to MAP EXHIBIT F - RECLAMATION PLAN MAP to see the location of the areas we discuss in this text. The ponds created will have irregular shapes and sizes depending on the amount of material available. This will serve to create a more pleasing appearance and improve the use for the landowners. Setbacks from our property line will be 25 feet or greater except along the east ditch where we will maintain a 50 foot setback. Along the river we will mine on a 300 feet setback from the center of the river where large trees grow and 200 feet from the top of the bank in other areas. These are mining setbacks and may change due to natural changes to the river channel. In other words we will mine no closer that 200 feet to the river bank, but this may be less if the river erodes the bank after mining is complete. We will not rebuild the 200 foot buffer if that occurs. The dividers between the lakes are there because of numerous gas lines serving the gas/oil well around the site. We will maintain a 25 foot setback from each side of the centerline of the buried lines. The roads that exist at this mine lie on the gasline ROWs. Around each well we will leave adequate space for the oil companies to access and service their wells. For wells in the excavated area we will leave a rectangular pad around the well heads that are in the lake areas. We will mine no closer than 25 feet to the well heads. Prior to mining near a well we will work with each well owner to leave them access to the wells. No mining will take place within 200 feet of a well until a working agreement is signed with the oil company involved. The proposed setbacks, shown on the MAP EXHIBIT F, define the outside limits of the areas to be mined, this is where the slopes into the ponds will begin. Not only will the pond boundaries be irregular but the below-water-slopes will be no steeper that 3: 1 within the, 5 feet above to 10 feet below area around the pond. Shallower slopes may be created in conjunction with the land owners wishes as an area is reclaimed. These 11 RECLAMATION PLAN EXHIBIT E (cons► shallower areas, may be used as swim beaches, where waterfowl decoys can be set and/or fish spawning areas. The reclamation timetable shows the amount of land in each mining area and its final use when reclamation is complete. Approximately 32% of the area in the permit will be undisturbed by mining, either because it is in areas where no gravel exists, in setbacks around well facilities and gas lines, or areas we wish to keep in their natural state. As mining progresses the perimeter slopes will be left at or near 3h to lv as discussed in the MINING PLAN. This will also insure, that if mining ceases before it is complete, only a minor amount of work would have to be done to finish reclamation in the disturbed area. Other procedures within this plan are designed to minimize the effect of mid-plan stoppage. One example is the placement of the soil stockpiles around the setback/perimeter of the mined area. This will place the topsoil where it will be needed for reclamation and will reduce the distance it has to be hauled for reclamation. Usually, this will mean it simply has to be shaped and graded. Soils are to be stripped as mining progresses. The plan calls for having no more than 35.00 acres ± disturbed at any one time. As mining progresses across the property some parts of the property will remain undisturbed while other areas will be either stripped, mined, partially reclaimed or totally reclaimed. The MINING PLAN MAP - EXHIBIT C-1 shows how the area will look when approximately 32% of the Sharkey's Lake is partially mined. Note how the final slopes around the perimeter of the mined area are complete and only the working face needs any shaping, if mining ended at this time. We expect to salvage sufficient topsoil to meet reclamation requirements. Of the 832. 49 acres ± in the mined area, only 64.17 acres ± or approximately 7.7% will need resoiling and revegetation. Our observations of the property indicate the average salvageable soil depth is 4 to 6 inches except in isolated locations. Never-the-less, what soils can be salvaged will be stockpiled in perimeter areas and used in resoiling when final grading is completed. There appears to be more than adequate soils to meet the demand. The setback areas will not be stripped, so only the dividers and slopes into the lake areas will be resoiled. We will need 52, 000 YD3 to place six inches of topsoil on the 64. 17 acres ± to be revegetated throughout the life of the mine. Some of the excess soil will be used to fill in areas that will contain cattails and bulrushes in the lakes. The use of soil on under water surfaces, serves to enhance the growth potential in the areas were cattails are wanted. We may also chose to import inert fill as defined in Colorado Department of Health regulations, for reclamation purposes. This offsite generated fill material may be used to create fish habitat in the lakes or to armor banks and points to reduce wave erosion. 12 RECLAMATION PLAN EXHIBIT E (cont) The area will be returned to at least it's present vegetative condition when reclamation is complete. Because there will be ponds on the property we are not able to return the area is its exact present condition. When complete, the area will be better for wildlife use than before mining began. The Natural Resources Conservation Service (NRCS) report in SOILS AND VEGETATION section gives the background information needed to show we have established the present ground cover percentages when reclamation is complete. Existing soils in place have been capable of producing a fairly dense cover of native grasses suitable for grazing purposes when not abused. The NRCS reports the area is capable of producing 2 , 000 to 3, 000 pounds of forage under its present conditions. We will use this data when doing reclamation to establish the success of our work. When final grading and reshaping is complete, the area will be resoiled. Careful analysis of the growth medium and salvage- able soil will permit the operator to implement a soil additive program and to monitor the prescribed seeding plan to determine if the plan requires revision. Under normal weather conditions, an adequate moisture reserve will be present for establishment of the proposed seed mixture. No irrigation will be used during reclamation as we are trying to establish a vegetation cover that is not dependent on irrigation to survive. REVEGETATION PROGRAM The revegetation program to be implemented is detailed below. It incorporates recommendations taken from the report prepared by Mr. Norm Wells of the Natural Resources Conservation Service's, Weld County office. His report is located in the SOILS AND VEGETATION section of this application. REVEGETATTON INFORMATION The topsoiling plan presented earlier and the revegetation program are devised after careful review of the existing soil conditions and present vegetation, both on site and in the reports contained in the SOILS AND VEGETATION section. Revegetation will be carried out in such a way, so as to establish a diverse, effective and long-lasting vegetative cover that is capable of self-regeneration without continued dependence on irrigation, soil amendments or fertilizers. The plan is designed to create a vegetative cover that is at least equal in extent to the cover of the natural vegetation before mining. The use of species native to the area are included. Since the intended use of the reclaimed land is a wildlife habitat reserve and private recreation area, the land will be restored to slopes commensurate with such uses. Seed will be drilled wherever possible, when drilling is not possible, the seed will be broadcast. The revegetation plan provides for the greatest probability of success in plant estab- 13 RECLAMATION PLAN EXHIBIT E (corn) lishment and vegetative development by considering environmental factors such as seasonal patterns of precipitation, temperatures and wind. Other considerations, such as soil texture, fertility, slope stability and the direction in which slopes face, have been considered. In a few areas it may be necessary to broadcast the seed, in which case the seed amounts will be doubled. A weed control plan is included in the program. Access roads will be constructed through the areas to be planted to provide access for planting crews and for the super- vision and inspection of the reclamation plan. These roads will remain to ensure the owner's have access to the ponds when reclamation is complete. Final grading on the roads will be done before the pit is closed. FERTILIZER The operator may have to apply fertilizers to the seedbed before planting to enhance the natural nutrients in the soil. Topsoiled areas may also be tested during the beginning of the second year and fertilizer added accordingly because the soils may lose their nutrients rapidly. The NRCS recommends using 40 lbs of Nitrogen and 40 lbs of Potassium (P2O5) per acre to .- enhance growth, we will follow their recommendations if test results show fertilizer is necessary. SEEDBED PREPARATION When the shaping is complete and the soils have been spread, the surface where seed is to be drilled, will be smoothed of large clods and worked until moderately fine. The surface will be left fairly rough where seed is to be broadcast. SEEDING TIME The grass seed mixture will be planted at one of two times. If fall planting is convenient, the grass seed will be planted before the first freeze (about the time Winterwheat is planted) . If spring planting is convenient, it will be done in late April or in May. The time of planting will be controlled by when the seedbed areas are ready for planting GRASSES Mr. Wells of the SCS has recommended the following seed mixture. The number of Pounds-Pure Live Seed (#PLS) shown are from his recommendations shown in the SOILS AND VEGETATION section. PROPOSED SEED MIX Species Lbs. PLS/Acre Blue Grama ( Lovington) 0.60 Sideoats Grama (Vaughn) 2.70 Western Wheatgrass 4.80 Intermediate Wheatgrass (Oahe) 3.60 TOTALS 11.70 14 RECLAMATION PLAN EXHIBIT E (cont) WEED CONTROL The revegetated areas will be monitored closely each spring for the first two years to determine if weeds are invading the area. Weed control will be initiated if the problem becomes serious or has not resolved itself by the end of the second year. In no way should this be taken to mean that we will try to eradicate the weeds from the property. Some weeds are beneficial to the upland game species in the area. They provide important protection from the elements during winter. Total eradication of weeds from the site is not necessary desirable, so we will be using controls on the noxious weeds and letting the rest grow in select areas. It may be necessary to control weeds by mowing after the first year; the feasibility of chemical weed control methods will be studied should it be necessary. We are hesitant to use chemicals because of the seedbeds close proximity to water and the possible risk of contamination occurring. IRRIGATION No irrigation is planned for revegetated area in the pit, it tends to make the vegetation dependent on water and does not promote a vegetation cover that is diverse and capable of self regeneration. WETLANDS Part of the initial review we will do on this property will be to determine the amount of wetlands on the site, if any. With the political climate at the Federal level regarding wetlands being what it is we feel a preliminary wetland study is called for. We contacted Mr. Steve Butler, of ERO Resources, Inc. , to preform an analysis of the property. They have done the initial work to determine if there are jurisdictional wetlands or Prebles Meadow Jumping Mouse in the area we plan to mine. The Division of Wildlife has indicated there may be some wetland areas along the river but we will take special precaution to stay out of any wetlands. If a U. S. Army Corps of Engineers 404 permit is needed we will obtain it prior to mining any wetland areas. TREES We will not disturb a large number of trees during mining. In fact we are attempting to preserve as many as possible at the owners request. See MAP EXHIBIT F for the location of the trees and shrubs discussed in this text. No tree planting is part of this plan but the landowners may wish to add trees in selected areas. RECLAMATION PERFORMANCE STANDARDS We intend to mine the property in compliance with the Reclamation Performance Standards of Rule 6. Grading will be performed to create a final topography that is compatible with the intended final land use. These slopes will vary from 5: 1 to 15 �., RECLAMATION PLAN EXHIBIT E (cont) 3: 1 depending on the final use proposed in a particular area of a pond; the remainder of the area will retain its present drainage pattern. Some offsite fill materials may be use to enhance fish habitat in the ponds or bank armoring, this material may consist of broke concrete or other materials suitable for that purpose. The pit will be reclaimed so that a suitable grade for drainage exists, all surface runoff will be directed into the ponds created by mining. Some areas may be silted in from wash water, this type of backfilling tends to firm up and stabilize during the first 18 months after being placed. All grading will be done in a manner to control erosion and to protect areas outside the affected land from slides or other damage. Backfilling and grading will be completed as soon as feasible after mining is completed in a given area. All refuse will be hauled away or disposed of in a manner that will control unsightliness and protect the drainage system from pollution. There are no acid-forming or toxic materials involved in this operation. The minimal amounts of petroleum products stored at the site will be done as prescribed by applicable laws. The storage tanks will be surrounded by a berm adequate to retain any fluid should a tank rupture. In addition, there is adequate absorbent materials on site to contain any spills that would occur outside the berms. There are no drill or auger holes on the land. Maximum slopes will be within the limits set forth in the Rules and Regulations of the Board and will be capable of being traversed by machinery. The operator does not expect prevailing hydrologic conditions to be disturbed. We will comply with applicable Colorado water laws and regulations (as the operator understands them) governing injury to existing water rights in order to minimize any disturbance, which might occur to the prevailing hydrologic balance of the affected land and surrounding areas and to the quality of water in surface and ground-water systems both during and after the mining operation and during reclamation. In addition, the operator expects to comply with applicable Federal and Colorado water quality laws and regulations. Any water used in the operation of the processing plants and gravel pit will come from water owned by Tom Sharkey. This is a dredge facility, but there are no temporary siltation structures involved in this operation and no mining is done within the confines of the river. If a U.S. Army Corp of Engineers Permit is required for mining in waters of the U. S. or wetlands on the site we will obtain it prior to disturbing these areas. Settling ponds will be constructed on the site to collect water from the washing operation before it re-enters the mined part of the lake area. There will be no earthen dams on the mined area. The mining and reclamation plans consider existing wildlife conditions and final reclamation will enhance the area for wildlife use. The mining and reclamation plans take into account the safety and protection of wildlife remaining on the mine site, 16 RECLAMATION PLAN EXHIBIT E (cord) processing site, and along all access roads to the site. Wildlife habitat creation and management is a specific part of the reclamation plan. Whenever possible the landowners will work toward the improvement of habitat for wildlife. The Division of wildlife letter in Exhibit H was prepared at our request. It was done to inform us of all possible wildlife issues on and around the site. Our planning took it into account and we are working to resolve some of the issues raised regarding endangered or threatened species. A simple way to deal with them is to avoid disturbing potential habitat on the site. ERO Resources is preparing a preliminary site analysis to determine potential habitat and to get the obvious non-habitat areas defined so mining can progress while we complete the necessary habitat studies on the rest of the area. Topsoil in the area is poor in quality. When topsoil must be removed to reach the mineral deposit, it will be segregated and stockpiled. If the topsoil piles remain undisturbed for more than a year, 2 . 0 #PLS per 100 sq-ft of Western Wheatgrass will be planted on the piles or other means will be employed to preserve the topsoil from wind and water erosion. This will keep it free of contaminants so that it remains useful for sustaining vegetation when reclamation begins. The stockpiles will be located in areas where disturbances by ongoing mining operations will be at a minimum, i.e. along setbacks on the pit perimeter. The topsoil will be handled as little as possible until it is replaced onto disturbed areas. We will take measures necessary to insure the stability of the replaced topsoil on graded slopes and spreading it as evenly a possible. Fertilizer and other soil amendments will be used, if needed, in accordance with the NRCS recommendations. RECLAMATION TIMETABLE Reclamation will begin once enough area has been opened so that any reclamation completed will not be disturbed as mining progresses. This may take 5 or more years depending on the economic condition is the area and the amount of material mined. By the time mining is completed approximately 85% of the total mined land will be reclaimed. We expect all but the working face in any given area will be completed when mining ends so only a small amount of area will need grading. Shortly there after all resoiling and revegetation will be completed, probably by the end of the second fall after mining is completed. The area will be monitored for success of revegetation until accepted by the Board. If revegetation failures occur prior to release, an analysis of the site will be made and the area will be revege- tated again as necessary. r^ 17 RECLAMATION PLAN EXHIBIT E (cont) ACRES AREA 'TOTAL LAYS REVEG ROJSD UNDISTURBED AREA ATZOY4 Bluff Lake 3-5 143.71 82.49 10.34 2.65 48.23 Confluence Lake 3-5 39.86 21.24 1.94 0.99 15.69 Highlands Lake 3-5 78.03 37.09 5.69 0.41 34.84 Longhorn Lake 3-5 207.73 109.50 8.72 0.94 88.57 Lake St. Vrain 3-5 74.32 24.95 5.95 0.91 42.51 Krystal's Lake 3-5 51.54 10.96 1.74 1.26 37.58 Meadow Lake 3-5 212.34 144.48 9.62 2.30 55.94 Sand Flats Lake 3-5 80.72 56.30 4.75 0.94 18.73 Sharkey's Lake 3-5 351.15 281.31 15.42 2.35 52.071 TOTALS I 11,239.40 1768.32 I 64. 17 I 12.75 I 394.16 r 18 BASELINE INFORMATION EXHIBIT G WATER INFORMATION Review of Division of Water Resources well permits in the area around the site indicated the ground water table lies 7+ feet below the surface in this area. This information was obtained from the average surface to static water depth from Division of Water Resources (DWR) well records on the mining operation. Ground water will be exposed by this operation so a Substitute Supply Plan and/or Augmentation Plan will be needed for this facility. The landowners have adequate water available to use in this plan. We will obtain that permit prior to mining within 2 feet of the normal ground water level. There are 12 water wells on the site, again owned by the surface land owners. The only ditches crossing the site are those owned by the surface land owners. The Western Mutual Ditch runs along parts of the east and south permit lines. This ditch will not be affected by mining. There may be minor wetland areas on the site. If we mine jurisdictional wetland area we will obtain the necessary permits prior to mining those areas. A Storm Water Discharge Permit will be prepared for the facility and sine dewatering will take place in some of the mining area we will obtain the necessary permit to pump the area. The pit will be graded such that all surface water runoff is allowed to follow its historic patterns. Because of the geographic features around the mine, all offsite runoff is diverted around the disturbed area. We estimate dust control for the various parts of the operation, i.e. roads, crushing, washing, etc. will be 15 ac-ft per year. This water will be obtained from a source approved for that use. No water will be used for reclamation, nor will the revegetated areas be irrigated. It is the operators intent is to minimize the disturbances to the prevailing hydrologic balance of the affected land, of the surrounding areas and to the quality and quantity of the surface and ground water system, both during and after mining and reclamation. We believe we are in compliance will all state and federal laws and regulations governing water and water rights as we understand them. r 19 EXHIBIT H WILDLIFE STATEMENT. The information on the following pages were received in response to our request for a Wildlife Statement from the Division of Wildlife. We wish to thank Mr. Sherman and Mr. Crawford for their help and cooperation in preparing the following information. We will look forward to working with the Division of Wildlife as they review our final plans. We retained ERO Resources to prepare a preliminary site study for the Preble's Meadow Jumping Mouse and the Ute ladies- tresses. That study will give us the necessary information to determine what areas we may need to study. In most cases we may chose to leave an area undisturbed rather than do an expensive study for the affected species. In preparing our plan we left areas along the river that had more value as wildlands that would blend with our proposed end use and would act as buffers and wildlife corridors along the river. Of the 1, 239.40 acres in the permit area we have left 394 . 16 acres in setbacks and undisturbed areas around the site as a commitment to protecting any wildlife in the area. Special care will be taken to humanely removed the prairie dogs and check for burrowing owls prior to stripping areas inhabited by these animals. 20 STATE OF COLORADO Bill Owens,Governor DEPARTMENT OF NATURAL RESOURCES LO fi' O DIVISION OF WILDLIFE f ' a AN EQUAL OPPORTUNITY EMPLOYER I APas Bruce L.McCloskey,Acting Director OF 6060 Broadway For llrldlifi- Denver,Colorado 80216 or Wit People Telephone:(303)297-1192 August 18, 2000 Mr. Steve O'Brian Environment, Inc. 7985 Vance Drive, Suite 205A Arvada, CO 80003 Re: Concrete Management Corp. sand and gravel mine. Dear Mr. O'Brian: The following constitute the comments of the Colorado Division of Wildlife. Courtney Crawford(District Wildlife Manager)and Mile Sherman(Field Habitat Biologist)have reviewed your letter sent to us and accompanied you on a field visit to the project site on June 5,2000. We highly recommend that special attention be given to minimize the impact to all riparian vegetation and trees along the river that may be potentially by impacted by the proposed mining operation. Bald eagles use this stretch of the South Platte River and adjacent riparian areas during winter and migration seasons for hunting and roosting. VERY IMPORTANT:then.,is a known active bald eagle nest site adjacent to the confluence of the St.Vrain Creek and South Platte River. We wish to bring to your attention that we observed an immature Bald Eagle which was flushed from a mature cottonwood tree while we drove on the dirt road along the river in the southwestern portion of Section 35. It is very possible that this bird came from the active nest located less than one mile upstream. We cannot stress the importance of leaving frilly intact the existing riparian vegetation and trees along the South Platte River. Preble's meadow jumping mouse (Zapus husonius preblel) and the Ute Ladies' -tresses orchid (Spiranthes deluvialis),both federally listed as threatened, are found in riparian habitats, including those tributary of the South Platte River. Consequently,both have the potential to occur at the proposed project site. The U.S. Fish and Wildlife Service has established standard survey protocols for determining presence or absence of these species. Evaluations should be performed at and adjacent to the project site to ascertain the potential occurrence of these species. If suitable habitat is present, surveys conducted according to the protocols should be undertaken. Coordination for Preble's should be through Pete Plage and for the orchid through Jan McKee,both in the Lakewood office(303-275-2370). The Colorado butterfly plant is also found in moist floodplain environments along the Front Range and so could occur in the project vicinity. Although no protocols have been established for this species, surveys to ensure it will not be adversely impacted should be undertaken. Questions should be directed to Ms. McKee. Trees and shrubs rei_ ved as a result of mining or construction should be replaced on a one-for-one basis. Recommended native tree and shrub species for reclamation planting include plains cottonwood,native plum, chokecherry,snowbeny,buffaloberry,and willow. Conifers include eastern red coflar or Rocky Mountain DEPARTMENT OF NATURAL RESOURCES,Greg Welcher,Executive Director WILDLIFE COMMISSION,Bernard L.Black,Jr.,Chaiman • Rick Enstrom,Vice-Chairman • Phip James,Secretary Members.Tom Burke • Mark LeValev • Marianna Raft000ubs • Robert Shoemaker • Olve Valdez juniper. We recommend that all tree and shrub planting be done using weed barrier material to help control competition from weeds and help plantings to successfully establish Recommended reclamation grass and legume species for wildlife include tall wheatgrass,intermediate wheatgrass,reed canary grass,indian rice grass,Great Basin wild rye,switch grass,Ladak alfalfa and yellow and white sweet clovers. We highly recommend that the reclamation plan include specific wording to address the control of noxious weeds which are rapidly becoming an increasing threat to wildlife and wildlife habitat across Colorado and the United States. All restoration should be monitored for at least three years following initial plantings and proper measures enforced during this time to control for establishment of noxious weed species. Constructing ponds post-mining will provide new habitat for a variety of waterfowl, shorebirds,herons, amphibians and fish species. We recommend that ponds be constructed to have irregular shorelines, and also contain one or two islands of at least 15' x 25' in size per 2 surface acres. Larger islands are good if possible. Shoreline and island slopes should be 4H:1 V, with some areas of shoreline in each pond having slopes no steeper than 8H:1V or 10H:1 V. Such shallow areas will allow for establishment of a variety of different types of aquatic vegetation and also invertebrate prey for waterfowL Such a shoreline coupled with planting a variety of wetland plant species will allow for a variation in wetlands to be established which will have long-term benefits to wildlife, public viewing of wildlife, and an overall increased aesthetic value to this site. Permanent pond depths of 10 feet or more in various places will provide secure year round habitat for a variety of warm water fish species. Finally,the proposed facffities may significantly impact a prairie dog town on the south side of the site. We recommend that the prairie dogs be either moved alive to another location or humanely killed before any earth- moving occurs. Since western burrowing owls use prairie dog towns and live in prairie dog holes,the following should be observed: -If construction is to occur between March 1 and October 31,the area should be checked for the presence of burrowing owls prior to any earth-moving taking place. The owls are susceptible to being buried and killed in their holes by construction activity. Note that this species is protected by law and killing one is illegaL -If construction is done between November 1 and February 28, it is very unlikely that owls would be present since they migrate out of the state during the winter. Note that we do not have information on threatened/endangered plants or invertebrates. For plant or invertebrate information,you might wish to contact: Colorado Natural Heritage Program 254 General Services Building Colorado State University Fort Collins, CO 80523 PH: (970)491-1309 FAX: (970)491-0279 The Division of Wildlife appreciates this opportunity to visit and comment on this project. If you have. any questions, please contact me at(970)472-4435. Thank you. Sincerely, 'el Scott Hoover / NE Regional Manager by Mice Sherman,Field Habitat Biologist Cc: Rick Moss,NE Senior Habitat Biologist, CDOW Dave Clarkson,Area Wildlife Manager,CDOW Courtney Crawford,District Wildlife Manager,CDOW EXHIBIT I and J SOILS AND VEGETATION The information in this sections was supplied by the Greeley office of the Natural Resources Conservation Service in Greeley. We wish to thank Mr. Norman Wells for his assistance and hard work in preparing the comprehensive report that makes up this section of the application. The recommendations have been used in part when the Reclamation Plan was prepared. 24 USDA United States Natural Resources Brigh, Field Office ��_ Department of Conservation USDA Service Center _ Agriculture Service 57 West Bromley Lane (NRCS) Brighton, CO 80601-2697 Telephone: 303 659-0525 http://www.co.nres.usda.gov Fax: 303 659-1768 May 8, 2000 Environment, Inc. 7985 Vance Drive, Suite 205A Arvada, Colorado 80003 RE: Scottdale Ranches Vegetative Information for proposed mining operation Enclosed, please find a copy of the NRCS soils map for the above property as well as soils descriptions, engineering properties and physical and chemical properties information. Additional information can be found in the publication 'Soil Survey of Weld County, Colorado, Southern Portion' . None of the soils found on this parcel would be classified as 'prime farmland' . Vegetation over the area includes irrigated cropland, irrigated r--. pasture and hayland, native pasture (rangeland) and riparian areas . The irrigated fields are used to grow corn and small grains . These fields are mainly on the upland areas towards the north end of the property. That area between the Western Mutual Ditch and the oil well road in the bottom is primarily rangeland. Most of this area is classified as a Salt Meadow Range Site . Switchgrass, alkali sacaton, tall wheatgrass and tall fescue dominate the site, with production ranging from 2, 000 to 3, 000 pounds per acre per year. Some of the lower areas have been leveled and planted to a cool season pasture mix (brome and orchard grass) . Some native grasses are starting to invade these areas . Alfalfa has been seeded into some areas but is generally short lived due to the high water table. Production will probably range form 1 . 5 to 3 . 5 tons per acre per year. The riparian areas follow the South Platte River channel and vary from grasses to a mixture of trees and shrubs . There are other small 'wetlands ' scattered throughout the property, as evidenced by the vegetation. I would recommend contacting the the Army Corp. of Engineers regarding the mitigation aspects of destroying these wetlands. The Natural Resources Conservation Service works hand-in-hand with the American people to conserve natural resources on private lands AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER As mining is completed, reclamation of the disturbed areas should begin immediately. All topsoil should be stockpiled before excavation begins and then applied back to the area before seeding. It would also be recommended to take a soil sample for fertilizer recommendations, as well as the presence of salts . As a minimum, 40# N and 40# P should be applied. All slopes should be kept to 4 : 1 or flatter. All drainage should be diverted away from the slopes, if at all possible . The following seed mix would be considered a general recommendation: Lovington Blue Grama 20% @ 3 . 0# = . 6# PLS/AC. Vaughn Side Oats Grama 30% @ 9 . 0# = 2 . 7# PLS/AC. Rosanna Western Wheatgrass 30% Cal 16 . 0# = 4 . 8# PLS/AC. Oahe Intermediate Wheatgrass 20% Q 18 . 0# = 3 . 6# PLS/AC. A more site specific mix could be developed, once the end use is determined. (i .e . wildlife, grazing, etc. ) The above rates are based upon NRCS critical area seeding rates . It is highly recommended to use a grass drill for the seeding operation. Once the grass is seeded, mulching with 3 , 000 - 4, 000 # of native hay or clean, bright, weed free straw is recommended. The mulch should be applied evenly and then -crimped' into the soil . Crimping should take place on the contour of all slopes. Successful stand establishment can only take place with proper weed control . Control methods can be either mechanical or chemical . Labeling needs to be strickly adhered to when using chemicals . I hope this information is satisfactory to your needs. Should you need additional information, please feel free to call me . ncerel , N rman e s, Jr D trict Conservationist U.S. DEPARTMENT OF AGRICULTURE PAGE 1 OF 3 NATURAL RESOURCES CONSERVATION SERVICE 04/26/00 ENGINEERING INDEX PROPERTIES Environment, Inc. Classification Fragments Percentage passing Map symbol Depth USDA texture sieve number-- Liquid Plas- and soil name >10 3-10 _______ _ __ _ limit ticity Unified AA5NT0 inches inches 4 10 40 200 index In Pct Pct Pct Al tvan 0-10 Loam CL-ML, CL A-4 0 0 100 100 85-95 60-75 25-30 5-10 10-25 Sandy clay SC-SN, SC, A-4, Al 0 0 100 100 80-100 35-80 25-35 5-15 loam, clay CL-ML, CL loam 25-60 Gravelly coarse SP-SM, SP A-1 0-10 0-15 60-80 55-75 25-50 0-10 --- NP sand, gravelly sand 2: Al tvan 0-10 Loam CL-ML, CL A-4 0 0 100 100 85-95 60-75 25-30 5-10 10-24 Sandy clay SC-SN, SC, A-4, A-6 0 0 100 100 80-100 35-80 25-35 5-15 loam, clay CL-ML, CL loam 24-60 Gravelly coarse SP-SM, SP A-I 0-10 0-15 60-80 55-75 25-50 0-10 --- NP sand, gravelly sand 3: Aquolls 0-48 Loam ML, CL A-4, A-6 0 0-5 80-100 75-100 70-80 50-70 25-40 NP-15 48-60 Very gravelly SP, SP-SM, SM A-I 0-5 0-25 85-95 50-85 10-40 0-15 --- NP sand, sand, gravelly loamy sand Aquents, Gravelly Substratum 0-48 Variable SM, ML, CL, A-2, A-4, A-6 0 0-10 90-95 85-95 55-65 20-60 15-30 NP-15 SC 48-60 Very gravelly GP, SP, A-I 0 10-30 40-80 30-70 10-25 0-10 --- NP sand, gravelly SP-SM, GP-GM sand I0: Bankard 0-4 Sandy loam SM, SC-SM A-2, A-4 0 0 100 90-100 50-70 30-40 10-25 NP-l0 4-60 Stratified SM, SP-SM A-2, A-I, A-3 0 0-5 65-100 60-85 40-75 5-35 --- NP gravelly sand to loam 16: Colby 0-7 Loam CL-ML, CL A-4 0 0 100 100 85-95 60-75 25-30 5-10 7-60 Silt loam ML A-4 0 0 100 100 90-100 80-90 30-35 5-10 21: Dacono 0-12 Clay loam CL A-6 0 0 85-100 75-100 75-95 70-80 30-40 10-20 12-21 Clay loam, CL A-6, A-7 0 0 75-100 60-100 55-95 50-85 34-45 15-25 clay, gravelly clay loam 21-27 Sandy clay CL, SC A-6 0 0 75-100 60-100 50-95 40-85 25-40 10-20 loam, loam, silt loam 27-60 Very gravelly SP, GP, GP-GM A-1 0 0 35-80 15-50 5-40 0-5 --- NP sand, ,••••••> extremely gravelly sand 1.S. DEPARTMENT OF AGRICULTURE PAGE 2 OF 3 NATURAL RESOURCES CONSERVATION SERVICE 04/26/00 ENGINEERING INDEX PROPERTIES--Continued Environment, Inc. Classification Fragments ; Percentage passing Map symbol Depth USDA texture — sieve number-- ;Liquid; Plas- and soil name ; >10 3-10 __— _—_ __ ; limit;ticity Unified ' AASHTO inches inches 4 10 40 200 ;index In Pct Pct ; Pct ii: Tassel 0-11 Fine sandy loam SC-SM, SM, A-4 0 0 100 100 70-85 40-55 20-25 HP-5 CL-ML, ML 11-15 Loamy fine SC-SM, SM A-2, A-4 0 0 100 100 70-85 30-50 20-25 NP-5 sand, fine sandy loam 15-20 ,Weathered 0 0 0 0 0 0 --- NP bedrock 58: Ustic Torriorthents-- 0-10 Gravelly sand SP, SP-SM A-1 0 0 55-80 50-75 25-50 0-10 --- NP 10-60 Gravelly sand, GP, GP-GM, A-1 0 0-5 45-65 40-60 20-30 0-10 --- NP very gravelly SP, SP-SM sand, gravelly coarse sand 19: Weld 0-8 Loam CL-ML, CL A-4 0 0 100 100 85-95 60-75 25-30 5-10 8-15 ;Silty clay CL A-6, A-7 0 0 100 100 95-100 85-95 35-50 15-30 loam, silty clay, clay 15-60 Silt loam, CL-ML, CL A-4, A-6 0 0 100 95-100 85-100 70-95 20-35 5-15 loam, silty clay loam 60-64 Silt loam, ML, CL-ML, A-4 0 0 100 75-100 60-100 35-85 20-30 NP-10 loam, sandy SM, SC-SM loam ' ' I.S. DEPARTMENT OF AGRICULTURE PAGE 3 OF 3 IATURAL RESOURCES CONSERVATION SERVICE 04/26/00 ice. ENGINEERING INDEX PROPERTIES Endnote -- ENGINEERING INDEX PROPERTIES this report gives estimates of the engineering classification and of the range of index properties for the )ajor layers of each soil in the survey area. Most soils have layers of contrasting properties within the upper 3 or 6 feet. )EPTH to the upper and lower boundaries of each layer is indicated. The range in depth and information on other )roperties of each layer are given in the published Soil Survey for each soil series under "Soil Series and Their lorphology." TEXTURE is given in the standard terms used by the U.S. Department of Agriculture. These terms are defined according to percentages of sand, silt, and clay in the fraction of the soil that is less than 2 millimeters in liameter. "Loam," for example, is soil that is 1 to 27 percent clay, 28 to 50 percent silt, and less than 52 )ercent sand. If the content of particles coarser than sand is as much as about 15 percent, an appropriate modifier is added, for example, "gravelly." Textural terms are defined in the Soil Survey Glossary. ;lassification of the soils is determined according to the Unified soil classification system and the system adopted by the American Association of State Highway and Transportation Officials. 'he UNIFIED system classifies soils according to properties that affect their use as construction material. Soils are :lassified according to grain-size distribution of the fraction less than 3 inches in diameter and according to )" city index, liquid limit, and organic matter content. Sandy and gravelly soils are identified as GW, GP, GM, GC, 3h, JP, SM, and SC; silty and clayey soils as ML, CL, DL, NH, CH, and OH; and highly organic soils as PT. Soils exhibiting engineering properties of two groups can have a dual classification, for example, CL-ML. The AASHTO system classifies soils according to those properties that affect roadway construction and maintenance. En this system, the fraction of a mineral soil that is less than 3 inches in diameter is classified in one of seven groups from A-1 through A-7 on the basis of grain-size distribution, liquid limit, and plasticity index. Soils in group A-1 are coarse grained and low in content of fines (silt and clay). At the other extreme, soils in group A-7 ire fine grained. Highly organic soils are classified in group Al on the basis of visual inspection. If laboratory data are available, the A-1, A-2, and A-7 groups are further classified as A-I-a, A-1-b, A-2-4, A-2-5, A-2-6, A-2-7, A-7- 5, or A-7-6. As an additional refinement, the suitability of a soil as subgrade material can be indicated by a group index number. Group index numbers range from 0 for the best subgrade material to 20 or higher for the poorest. lock FRAGMENTS larger than 3 inches in diameter are indicated as a percentage of the total soil on a dry-weight Pasis. The percentages are estimates determined mainly by converting volume percentage in the field to weight percentage. 3ercentage of soil particles passing designated sieves (PERCENTAGE PASSING SIEVE NUMBER--)is the percentage of the Soil fraction less than 3 inches in diameter based on an ovendry weight. The sieves, numbers 4, 10, 40, and 200 (USA Standard Series), have openings of 4.76, 2.00, 0.420, and 0.074 millimeters, respectively. Estimates are based on laboratory tests of soils sampled in the survey area and in nearby areas and on estimates made in the field. _IGUID LIMIT and PLASTICITY INDEX (Atterberg limits) indicate the plasticity characteristics of a soil. The estimates are based on test data from the survey area or from nearby areas and on field examination. The estimates )f grain-size distribution, liquid limit, and plasticity index are generally rounded to the nearest 5 percent. Thus, ij,_Lhe ranges of gradation and Atterberg limits extend a marginal amount (1 or 2 percentage points) across ification boundaries, the classification in the marginal zone is omitted in this report. r, .. U.S. DEPARTMENT Of AGRICULTURE PAGE 1 OF 2 NATURAL RESOURCES CONSERVATION SERVICE 04/26/00 /^ CHEMICAL PROPERTIES OF THE SOILS Environment, Inc. Map symbol Depth Clay Cation- Soil Calcium Gypsum Salinity Sodium and soil name exchange reaction carbonate adsorption capacity ratio In Pct meq/1008 pH Pct Pct 'mhos/cm 1: Altvan 0-10 15-25 10.0-20.0 6.6-7.8 --- --- --- --- 10-25 20-35 10.0-25.0 6.6-7.8 --- --- --- --- 25-60 0-5 0.0-5.0 7.4-8.4 1-5 --- --- --- 2: Altvan 0-10 15-25 10.0-20.0 6.6-7.8 --- --- --- --- 10-24 20-35 10.0-25.0 6.6-7.8 --- --- --- --- 24-60 0-5 0.0-5.0 7.4-8.4 1-5 --- --- --- 3: Aquolls 0-48 20-35 10.0-25.0 7.4-8.4 --- --- 0-4 --- 48-60 1-3 0.0-5.0 7.4-8.4 --- --- 0-4 --- Aquents, Gravelly Substratum 0-48 4-30 5.0-20.0 7.4-8.4 0-10 --- 0-8 --- 48-60 0-5 0.0-5.0 7.4-8.4 0-10 --- --- --- 10: Rankard 0-4 5-20 5.0-15.0 7.4-8.4 0-10 --- --- --- 'r�• 4-60 2-10 0.0-10.0 7.4-8.4 0-10 --- --- --- 16: Colby 0-7 15-27 5.0-20.0 7.4-8.4 0-5 --- --- --- 7-60 18-27 5.0-20.0 7.4-8.4 5-15 --- --- --- 21: Dacono 0-12 27-40 25.0-45.0 6.6-7.8 --- --- --- --- 12-21 35-60 60.0-70.0 7.4-8.4 0-5 --- --- --- 21-27 15-35 20.0-40.0 7.4-8.4 0-10 --- 0-2 --- 27-60 0-5 2.0-10.0 7.4-8.4 5-15 --- 0-2 --- 61: Tassel 0-I1 5-12 3.0-10.0 7.4-8.4 5-10 --- --- --- 11-15 8-13 4.0-10.0 7.4-8.4 5-10 --- --- --- 15-20 68: Ustic Torriorthents 0-10 0-4 1.0-5.0 6.6-7.3 --- 10-60 --- --- --- 0-4 0.0-5.0 7.4-8.4 0-5 --- 0-2 --- 79: Neld 0-8 15-27 15.0-30.0 6.6-7.8 --- --- --- --- 8-15 35-50 20.0-30.0 6.6-7.8 0-4 --- --- --- 15-60 20-35 20.0-30.0 7.4-9.0 2-6 --- 0-2 --- 60-64 15-25 15.0-25.0 7.4-9.0 2-6 --- 0-2 --- .r", J.S. DEPARTMENT OF AGRICULTURE PAGE 2 OF 2 iATURAL RESOURCES CONSERVATION SERVICE 04/26/00 CHEMICAL PROPERTIES OF THE SOILS :ndnote -- CHEMICAL PROPERTIES OF THE SOILS This report shows estimates of some characteristics and features that affect soil behavior. These estimates are given for the major layers of each soil in the survey area. The estimates are based on field observations and on test data for these and similar soils. CLAY as a soil separate consists of mineral soil particles that are less than 0.002 millimeter in diameter. In this report, the estimated clay content of each major soil layer is given as a percentage, by weight, of the soil material that is less than 2 millimeters in diameter. The amount and kind of clay greatly affect the fertility and physical condition of the soil. They determine the ability of the soil to adsorb cations and to retain moisture. They influence shrink-swell potential, permeability, and plasticity, the ease of soil dispersion, and other soil properties. The amount and kind of clay in a soil also affect tillage and earthmoving operations. CATION EXCHANGE CAPACITY (CEC) is the total amount of cations held in a soil in such a way that they can be removed only by exchanging with another cation in the natural soil solution. CEC is a measure of the ability of a soil to retain cations, some of which are plant nutrients. Soils with low CEC hold few cations and may require more frequent applications of fertilizers than soils with high CEC. Soils with high CEC have the potential to etain cations, thus reducing the possibility of pollution of ground water. Su.. REACTION is a measure of acidity or alkalinity and is expressed as a range in pH values. The range in pH of each major horizon is based on many field tests. For many soils, values have been verified by laboratory analyses. Soil reaction is important in selecting crops and other plants, in evaluating soil amendments for fertility and stabilization, and in determining the risk of corrosion. CALCIUM CARBONATE is the percentage by weight of calcium carbonate in the fine-earth material, less than 2 millimeters in size. GYPSUM is the percentage by weight of hydrated calcium sulfates 20 millimeters or smaller in size, in the soil. SALINITY is a measure of soluble salts in the soil at saturation. It is expressed as the electrical conductivity of the saturation extract, in millimhos per centimeter at 25 degrees C. Estimates are based on field and laboratory measurements at representative sites of nonirrigated soils. The salinity of irrigated soils is affected by the quality of the irrigation water and by the frequency of water application. Hence, the salinity of soils in individual fields can differ greatly from the value given in the report. Salinity affects the suitability of a soil for crop production, the stability of soil if used as construction material, and the potential of the soil to corrode metal and concrete. SODIUM ADSORPTION RATIO (SAR) expresses the relative activity of sodium ions in e, nge reactions in the soil. SAR is a measure of the amount of sodium relative to c um and magnesium in the water extract from saturated soil paste. U.S. DEPARTMENT.OF AGRICULTURE PAGE 1 OF 4 NATURAL RESOURCES CONSERVATION SERVICE 04/26/00 PHYSICAL PROPERTIES OF SOILS Environment, Inc. (Entries under `Erosion factors--T' apply to the entire profile. Entries under 'Hind erodibility group' and 'Hind erodability index' apply only to the surface layer) ' ��--- --^-_-4 —_--Erosion factors kind Wind Map symbol Depth Clay Moist Perinea- Available Shrink- Organic _ erodi- erodi- and soil name bulk bility water swell matter ; bility bility density capacity potential K Kf ; T group index • -- In Pct g/cc In/hr In/in _ Pct — 11 Altvan 0-10 15-25 1.25-1.40 0.60-6.00 0.14-0.17 low 1.0-2.0 0.28 0.28 4 5 56 10-25 20-35 1.25-1.40 0.20-2.00 0.14-0.21 Low 0.5-1.0 0.20 0.20' 25-60 0-5 1.45-1.60 >20.00 0.02-0.06 Law 0.0-0.5 0.05 0.10 2: Altvan 0-10 15-25 1.25-1.40 0.60-6.00 0.14-0.17 Low 1.0-2.0 0.28 0.2B 4 5 56 10-24 20-35 1.25-1.40 0.20-2.00 0.14-0.21 low 0.5-1.0 0.20 0.20 24-60 0-5 1.45-1.60 >20.00 0.02-0.06 Low 0.0-0.5 0.05 0.10 3: Aquolls 0-48 20-35 1.20-1.33 0.20-2.00 0.14-0.17 Low 1.0-3.0 0.24 0.24 4 8 --- 48-60 1-3 1.55-1.68 >20.00 0.02-0.04 Low 0.0-1.0 0.02 0.10 Aquents, Gravelly Substratum 0-48 4-30 1.20-1.50 0.60-20.00 0.07.0.16 Low 0.5-1.0 0.20 0.20 3 8 --- 48-60 0-5 1.60-1.70 >20.00 0.04-0.09 Low 0.0-1.0 0.05 0.17 I0: 8ankard 0-4 5-20 1.50-1.60 2.00-6.00 0.13-0.15 Low 1.0-2.0 0.24 0.24 5 3 86 4-60 2-10 1.55.1.65 6.00-20.00 0.05-0.08 Low 0.5-1.0 0.20 0.37 i6: Colby 0-7 15-27 1.25-1.40 0.60-6.00 0.14-0.18 Low 0.5-2.0 0.37 0.37 5 4L 86 7-60 18-27 1.15-1.30 0.60-2.00 0.15-0.20 Low 0.5-1.0 0.43 0.43 21: Dacono 0-I2 27.40 1.20-1.30 0.20-0.60 0.19-0.21 Moderate 2.0-4.0 0.17 0.17 3 4 86 12-21 35-60 1.25-1.35 0.20-0.60 0.15-0.21 Nigh 1.0-2.0 0.24 0.43 21-27 15-35 1.25-1.35 0.60-2.00 0.13-0.18 Moderate 1.0-2.0 0.28 0.28 21-60 0-5 1.50-1.60 >20.00 0.03-0.05 Low 0.5-1.0 0.10 0.64 61: Tassel 0-il 5-12 1.35-1.50 2.00-6.00 0.13-0.15 Low 0.5-1.0 0.28 0.28 2 3 86 11-15 8-13 1.35-1.60 2.00-20.00 0.08-0.15 Low 0.5-1.0 0.28 0.28 15-20 --- --- 0.00-0.20 --- "' '-- --- 6P. ritiL in,riorthents— 0-10 D : ;1,55-I.;O 0110.02-0.04 Low 0.5-1.0 0.10 0.17 5 1 180 10-60 0-4 ;1.55-1.70 :20.00 0.02-0.04 Low 0.0-0.5 0.05 0.17 79: Weld 0-8 15-27'1.25-1.40 0.60-6.00 0.14-0.17 Loh! 2.0-4.0 0.24 0.24 3 ; 6 48 8-15 35-50;1.30-1.40 0.06-0.20 0.IA-0.20;High 0.5-2.0 0.28 0.28, 15-60 . 20-15;1.25-1.35 0.60-2.00 0.16-0.18:Moderate 0.5-1.0 0.28 0.28; 60-64 :15-25;1.25-1.40 0.60-2.00 0.12-0.18:Low 0.5-1.0 0.28 0.28; • i i 1.S. DEPARTMENT OF AGRICULTURE PAGE 2 OF 4 1ATURAL RESOURCES CONSERVATION SERVICE 04/26/00 PHYSICAL PROPERTIES OF SOILS :ndnote -- PHYSICAL PROPERTIES OF SOILS 'his report shows estimates of some characteristics and features that affect soil behavior. These estimates ire given for the major layers of each soil in the survey area. The estimates are based on field observations ind on test data for these and similar soils. :LAY as a soil separate consists of mineral soil particles that are less than 0.002 millimeter in diameter. :n this report, the estimated clay content of each major soil layer is given as a percentage, by weight, of the soil material that is less than 2 millimeters in diameter. The amount and kind of clay greatly affect the 'ertility and physical condition of the soil. They determine the ability of the soil to adsorb cations and :o retain moisture. They influence shrink-swell potential, permeability, plasticity, the ease of soil iispersion, and other soil properties. The amount and kind of clay in a soil also affect tillage and marthmoving operations. 10IST BULK DENSITY is the weight of soil (ovendry) per unit volume. Volume is measured when the soil is it field moisture capacity, the moisture content at 1/3 bar moisture tension. Weight is determined after frying the soil at 105 degrees C. In this report, the estimated moist bulk density of each major soil morizon is expressed in grams per cubic centimeter of soil material that is less than 2 millimeters in iiameter. Bulk density data are used to compute shrink-swell potential, available water capacity, total more space, and other soil properties. The moist bulk density of a soil indicates the pore space available for eater and roots. A bulk density of more than 1.6 can restrict water storage and root penetration. Moist 'ensity is influenced by texture, kind of clay, content of organic matter, and soil structure. 'ERMEABILITY refers to the ability of a soil to transmit water or air. The estimates indicate the 'ate of downward movement of water when the soil is saturated. They are based on soil characteristics )bserved in the field, particularly structure, porosity, and texture. Permeability is considered in :he design of soil drainage systems, septic tank absorption fields, and construction where the rate of Later movement under saturated conditions affects behavior. 1VAILABLE WATER CAPACITY refers to the quantity of water that the soil is capable of storing for use by )lants. The capacity for water storage is given in inches of water per inch of soil for each major soil layer. 'he capacity varies, depending on soil properties that affect the retention of water and the depth of the root gone. The most important properties are the content of organic matter, soil texture, bulk density, and soil structure. Available water capacity is an important factor in the choice of plants or crops to be grown and in :he design and management of irrigation systems. Available water capacity is not an estimate of the quantity of Later actually available to plants at any given time. SHRINK-SWELL POTENTIAL is the potential for volume change in a soil with a loss or gain of moisture. Volume ;hange occurs mainly because of the interaction of clay minerals with water and varies with the amount and type )f clay minerals in the soil. The size of the load on the soil and the magnitude of the change in soil moisture ;ontent influence the amount of swelling of soils in place. Laboratory measurements of swelling of undisturbed ;lods were made for many soils. For others, swelling was estimated on the basis of the kind and amount of ;lay minerals in the soil and on measurements of similar soils. If the shrink-swell potential is rated moderate to very high, shrinking and swelling can cause damage to buildings, roads, and other structures. Special design is often needed. Shrink-swell potential classes are based on the change in length of an unconfined clod as moisture content is increased from air-dry to field capacity. The change is based on the soil fraction less :bo.a.2 millimeters in diameter. The classes are "Low," a change of less than 3 percent; "Moderate," 3 to 6 At; and "High," more than 6 percent. "Very high," greater than 9 percent, is sometimes used. 1.S. DEPARTMENT OF AGRICULTURE PAGE 3 OF 4 iATURAL RESOURCES CONSERVATION SERVICE 04/26/00 PHYSICAL PROPERTIES OF SOILS :ndnote -- PHYSICAL PROPERTIES OF SOILS--Continued )RGANIC MATTER is the plant and animal residue in the soil at various stages of decomposition. In report J, the estimated content of organic matter is expressed as a percentage, by weight, of the soil material that is less than 2 millimeters in diameter. The content of organic matter in a soil can be maintained or increased by -eturning crop residue to the soil. Organic matter affects the available water capacity, infiltration rate, and filth. It is a source of nitrogen and other nutrients for crops. EROSION FACTOR K indicates the susceptibility of the whole soil (including rocks and rock fragments) to sheet and rill erosion by water. Factor K is one of six factors used in the Universal Soil Loss Equation (USLE) to predict the average annual rate of soil loss by sheet and rill erosion in tons per acre per year. The estimates are based primarily on percentage of silt, sand, and organic matter (up to 4 percent) and on soil structure and permeability. Values of K range from 0.05 to 0.69. The higher the value, the more susceptible the soil is to sheet and rill erosion by water. EROSION FACTOR Kf is like EROSION FACTOR K but it is for the fine-earth fraction of the soil. Rocks and rock fragments are not considered. EROSION FACTOR T is an estimate of the maximum average annual rate of soil erosion by wind or water that can 3ccur without affecting crop productivity over a sustained period. The rate is in tons per acre per year. Wee—"" RODISILITY GROUPS are made up of soils that have similar properties affecting their resistance to wind eru,ian in cultivated areas. The groups indicate the susceptibility of soil to wind erosion. Soils are grouped according to the following distinctions: 1. Coarse sands, sands, fine sands, and very fine sands. These soils are generally not suitable for crops. They are extremely erodible, and vegetation is difficult to establish. 2. Loamy coarse sands, loamy sands, loamy fine sands, loamy very fine sands, and sapric soil material. These soils are very highly erodible. Crops can be grown if intensive measures to control wind erosion are used. 3. Coarse sandy loams, sandy loans, fine sandy loans, and very fine sandy loams. These soils are highly erodible. Crops can be grown if intensive measures to control wind erosion are used. 4L. Calcareous loans, silt loans, clay loans, and silty clay loans. These soils are erodible. Crops can be grown if intensive measures to control wind erosion are used. 4. Clays, silty clays, noncalcareous clay loans, and silty clay loans that are more than 35 percent clay. These soils ,..� are moderately erodible. Crops can be grown if measures to control wind erosion are used. J.S. DEPARTMENT OF AGRICULTURE PAGE 4 OF 4 4ATURAL RESOURCES CONSERVATION SERVICE - 04/26/00 PHYSICAL PROPERTIES OF SOILS indnote -- PHYSICAL PROPERTIES OF SOILS--Continued 5. Noncalcareous loans and silt loans that are less than 20 percent clay and sandy clay loans, sandy clays, and hemic soil material. These soils are slightly erodible. Crops can be grown if measures to control wind erosion are used. 6. Noncalcareous loans and silt loans that are more than 20 percent clay and noncalcareous clay hams that are less than 35 percent clay. These soils are very slightly erodible. Crops can be grown if ordinary measures to control wind erosion are used. 7. Silts, noncalcareous silty clay loans that are less than 35 percent clay, and fibric soil material. These soils are very slightly erodible. Crops can be grown if ordinary measures to control wind erosion are used. 8. Soils that are not subject to wind erosion because of coarse fragments on the surface or because of surface wetness. fho ,,IND ERODIBILITY INDEX is used in the wind erosion equation (NE0). The index number indicates the mount of soil lost in tons per acre per year. The range of wind erodibility index numbers is 0 to 300. 1.S. DEPARTMENT OF AGRICULTURE PAbe 1 OF 2 NATURAL RESOURCES CONSERVATION SERVICE 04/26/00 SOIL FEATURES Environment, Inc. Bedrock ; Cemented pan ; Subsidence ; Risk of corrosion Potential ;__— Map symbol ; frost action Uncoated and soil name Depth Hardness Depth Kind Initial Total steel Concrete In In In In 1: Altvan >60 --- --- --- --- --- Moderate Moderate Low Altvan >60 --- --- --- --- --- Moderate Moderate Law 3: Aquolls >60 --- --- --- --- --- Moderate High Low Aquents, Gravelly Substratum >60 --- --- --- --- --- High High Low 1� baoKard >60 --- --- --- --- --- Low Moderate Low 16: Colby >60 --- --- --- --- --- Low Low Low 21: Dacono >60 --- --- --- --- --- Low High Low 61: Tassel 10-20 Soft --- --- --- --- Low Moderate Low 68: Ustic Torriorthents >60 --- --- --- --- --- Low Moderate Moderate 79: Weld >60 --- --- --- --- --- Moderate High Low J.S. DEPARTMENT OF AGRICULTURE Pr,... 2 OF 2 1ATURAL RESOURCES CONSERVATION SERVICE 04/26/00 SOIL FEATURES :ndnote -- SOIL FEATURES This report gives estimates of various soil features. The estimates are used in land use planning that involves engineering considerations. Depth to bedrock is given if bedrock is within a depth of 5 feet. The depth is based on many soil borings and on observations during soil mapping. The rock is either "Soft" or "Hard". If the rock is "Soft" or fractured, excavations can be made with trenching machines, backhoes, or small rippers. If the rock is "Hard" or massive, blasting or special equipment generally is needed for excavation. Cemented pans are cemented or indurated subsurface layers within a depth of 5 feet. Such pans cause difficulty in excavation. Pans are classified as "Thin" or "Thick". A "Thin" pan is less than 3 inches thick if continuously indurated or less than 18 inches thick if discontinuous or fractured. Excavations can be made by trenching machines, backhoes, or small rippers. A "Thick" pan is more than 3 inches thick if continuously indurated or more than 18 inches thick if discontinuous or fractured. Such a pan is so thick or massive that blasting or special equipment is needed in excavation. Subsidence is the settlement of organic soils or of saturated mineral soils of very low density. Subsidence results from either desiccation and shrinkage or oxidation of organic material, or both, following drainage. Subsidence takes place gradually, usually over a period of several years. This report shows the expected initial subsidence, which usually is a result of drainage, and total subsidence, which usually is a result of oxidation. Not " i in the report is subsidence caused by an imposed surface load or by the withdrawal of ground water throughout a,. ,..xtensive area as a result of lowering the water table. Potential frost action is the likelihood of upward or lateral expansion of the soil caused by the formation of segregated ice lenses (frost heave) and the subsequent collapse of the soil and loss of strength on thawing. Frost action occurs when moisture moves into the freezing zone of the soil. Temperature, texture, density, permeability, content of organic matter, and depth to the water table are the most important factors considered in evaluating the potential for frost action. It is assumed that the soil is not insulated by vegetation or snow and is not artificially drained. Silty and highly structured clayey soils that have a high water table in winter are the most susceptible to frost action. Nell drained, very gravelly, or very sandy soils are the least susceptible. Frost heave and low soil strength during thawing cause damage mainly to pavements and other rigid structures. Risk of corrosion pertains to potential soil-induced electrochemical or chemical action that dissolves or weakens uncoated steel or concrete. The rate of corrosion of uncoated steel is related to such factors as soil moisture, particle-size distribution, acidity, and electrical conductivity of the soil. The rate of corrosion of concrete is based mainly on the sulfate and sodium content, texture, moisture content, and acidity of the soil. Special site examination and design may be needed if the combination of factors creates a severe corrosion environment. The steel installations that intersect soil boundaries or soil layers is more susceptible to corrosion than steel in installations that are entirely within one kind of soil or within one soil layer. For uncoated steel, the risk of corrosion, expressed as "Low", "Moderate", or "High", is based on soil drainage class, total acidity, electrical resistivity near field capacity, and electrical conductivity of the saturation extract. For concrete, the risk of corrosion is also expressed as "Low", "Moderate", or "High". It is based on soil texture, acidity, and amount of sulfates in the saturation extract. J.S. DEPARTMENT OF AGRICULTURE PAGE 1 OF 1 NATURAL RESOURCES CONSERVATION SERVICE 04/26/00 CLASSIFICATION OF THE SOILS Environment, Inc. (The classification report does not include recent amendments to soil taxonomy for cation exchange activity, article size modifier, and dual mineralogy for strongly contrasting classes. For more detailed information contact your local USDA Natural Resources Conservation Service field office or state office. Soil name Family or higher taxonomic class Altvan ARIDIC ARGIUSTOLLS, FINE-LOAMY OVER SANDY OR SANDY-SKELETAL, MIXED, MESIC Aquents, Gravelly Substratum AQUENTS Aquolls AQUOLLS Bankard ;USTIC TORRIFLUVENTS, SANDY, MIXED, MESIC Colby ;ARIDIC USTORTHENTS, FINE-SILTY, MIXED (CALCAREOUS), MESIC Dacono 'ARIDIC ARGIUSTOLLS, CLAYEY OVER SANDY OR SANDY-SKELETAL, MONTMORILLONITIC, MESIC Tassel USTIC TORRIORTHENTS, LOAMY, MIXED (CALCAREOUS), MESIC, SHALLOW Ustic Torriorthents USTIC TORRIORTHENTS Weld ARIDIC PALEUSTOLLS, FINE, MONTMORILLONITIC, MESIC NONTECHNICAL SOILS DESr~i0N REPORT Environment, . Map Soil name and description Symbol Altvan loam, 0 to 1 percent slopes The Altvan soil is a deep, well drained soil. It is formed on terraces from alluvial material. The surface is a loam. The subsoil is clay loam. The underlying material is a calcareous loamy sand. The soils have moderate permeability. Their available water holding capacity is moderate. Roots penetrate to 20 to 40 inches. Runoff is slow and the erosion hazard due to wind is moderate. . 2 Altvan loam, I to 3 percent slopes The Altvan sail is a deep, well drained soil. It is formed on terraces from alluvial material. The surface is a loam. The subsoil is clay loam. The underlying material is a calcareous loamy sand. The soils have moderate permeability. Their available water holding capacity is moderate. Roots penetrate to 20 to 40 inches. Runoff is slow and the erosion hazard due to wind is moderate. 3 Aquolls and Aquents, Gravelly Substratum This map unit is on bottom lands and floodplains of all major streams in the survey area. This unit consists of 60 percent Aquolls and 35 percent Aquents soils. These soils are deep, and poorly drained. They formed in recent alluvium. The surface is a mildly alkaline to moderately alkaline loamy or clayey layer, as well as the underlying material which is underlain by sand or sand and gravel within 48 inches. The water table is at or near the surface, creating a hydric soil condition. The erosion hazard due to wind is low. 10 Bankard sandy loam, 0 to 3 percent slopes The Bankard soil is a deep, somewhat excessively drained soil. It is formed on floodplains from stratified recent alluvium. The surface is a sandy loam. The underlying material is a calcareous sand stratified with thin lenses of sandy loam, loam, and fine gravel. The soils have moderately rapid permeability. Their available water holding capacity is low. Roots penetrate to 60 inches or more. Runoff is slow and the erosion hazard due to wind is severe. 16 Colby loam, 3 to 5 percent slopes This is a deep well drained soil on upland hill and ridges. It formed in calcareous eolian deposits. Typically the surface is a pale brown loam about 10 in. thick. The underlying material is a very pale brown silt loam to a depth of 60 in. Permeability is moderate. Available water holding capacity is high. The effective rooting depth is 60 in. or more. Surface runoff is medium to rapid, and the hazard of water erosion is moderate. 21 Dacono clay loam, 0 to 1 percent slopes NONTECHNICAL SOILS DESCRIPTION rEPORT Environment, Inc. Map ; Soil name and description symbol The Dacono soil is a deep, well drained soil. It is formed on terraces from mixed alluvial material. The surface is a clay loam, as is the subsoil. The underlying material is a very gravelly sand. The soils have moderately slow permeability. Their available water holding capacity is moderate. Roots penetrate to 20 to 40 inches. Runoff is slow and the erosion hazard is moderate. it Tassel fine sandy loam, 5 to 20 percent slopes The Tassel soil is a shallow, well drained soil. It is formed on upland breaks in residuum from sandstone. The surface is a fine sandy loam. The underlying material is a very fine sandy loam. The soils have moderately rapid permeability. Their available water holding capacity is low. Roots penetrate to the depth of the sandstone, which ranges from 10 to 20 inches. Runoff is medium and the erosion hazard due to wind is severe. ir'-'" ; Ustic Torriorthents, moderately steep The Ustic Torriorthents soil is a deep, excessively drained soil. It is formed on terrace breaks and escarpments in gravelly alluvium. The surface is a gravelly sand, as is the underlying material. The soils have rapid permeability. Their available water holding capacity is low. Roots penetrate to 60 inches or more. Runoff is medium and the erosion hazard due to wind is moderate. ►9 Weld loam, 1 to 3 percent slopes The Weld soil is a deep, well drained soil. It is formed on smooth plains from eolian material. The surface is a loam. The subsoil is a heavy clay loam and light clay. The underlying material is a silt loam. The soils have slow permeability. Their available water holding capacity is high. Roots penetrate to 60 inches or more. Runoff is slow and the erosion hazard due to wind is low. / 52 .C ;TC 15!.1/4' 3e 14 - 13 /g ie 48 1 ,01"^ °° 53 �9 I 61 / t 5 , Pt a I ;4.1'.441(11.131. V ' 3 „' 1 1 ♦ 16₹ sa. 14 , , ( o ♦v1 "Airs, *- e z" 2 ,xt "' ..". 24 �/ M 16 "1"117 1 ///fit C ..'(" 16 a ` s _J '>r r % . w �n \bF �� yg�S S,,t,j,p w 27 �'.+t ? r e 71 1 �'.', e'4.,),-- 5 � i�. z 1V��a 0f�� o*� E e ;:.t 8] Yf,".'t, �✓ 'R a r ga 25 M` f - ' �s + 9 r o ', ?. ! rats ! ♦ —I—" (f ilk I� 1 1 ♦ ' 6 r 3 l lx , �` . `; 35 /1 .t • lr '�:, 36. k ,.> .us t vydr- d a' .1(1 Z X+ KKQQj"b ', i7v , ♦ 1 ,.r,� " iz 4 e, � jg t si r'1.(51'' W1 e i tit 1 4 —^-,711 . 1•''. , F`F p . ..."'"\ jj 10 .3©FL 11.!S n. nprlQA nn ��Jd r.ril == ,rhnllr.•a�l,I;ytlrpl'v —___ -- Snnr drnx. • P Ag.t rcrv^ Sr I Cnn pryapnn;nr.a?. and r Mp9rdl rng agent ps Exhibit K CLIMATE Information was downloaded from the Climatology Data-base at Colorado State University. The avenge Daily temperature is 50.0 degrees and the avenge precipitations amount is 14.46 inches per year. GREELEY UNC is the closest data collection station to this property. The data in the table is for the years 1980-1997. Station data Latitude - 40°25" Longitude - 104°42' Elevation - 4650 Feet MONTHLY MEAN TEMPERATURE. (F) JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ANNUAL AVERAGE 27.7 32.0 41.0 48.9 58.3 68.2 73.0 71.5 62.8 50.4 37.3 28.7 50.0 MAXIMUM 33.6 39.4 47.1 54.8 62.7 72.8 76.0 75.4 66.6 53.7 43.0 38.4 51.9 YEAR 1988 1989 1980 1983 1995 1982 1992 1992 1985 1984 1985 1983 1985 MINIMUM 20.7 21.4 35.1 42.4 51.6 63.3 69.6 67.6 58.3 45.6 27.2 16.1 47.4 YEAR 1988 1989 1980 1983 1995 1982 1992 1992 1985 1984 1985 1983 1985 YEARS OF RECORD 18 18 18 18 18 18 18 18 18 18 18 18 18 MONTHLY MEAN MAXIMUM TEMPERATURE. (F) AVERAGE 40.5 45.1 54.8 63.2 72.2 83.1 88.4 86.6 78.3 65.5 49.9 41.0 64.1 MAXIMUM 48.7 53.6 63.4 70.5 78.1 89.0 92.0 91.6 82.8 69.4 58.3 53.8 66.4 YEAR 1981 1991 1986 1981 1994 1994 1980 1995 1981 1983 1981 1980 1981 MINIMUM 31.5 32.9 47.4 54.8 60.9 77.1 83.7 82.0 72.4 58.0 38.6 26.2 60.9 YEAR 1993 1989 1980 1983 1995 1995 1992 1992 1985 1984 1985 1983 1993 YEARS OF RECORD 18 18 18 18 18 18 18 18 18 18 18 18 18 MONTHLY MEAN MINIMUM TEMPERATURE. (F) AVERAGE 14.9 19.0 27.1 34.7 44.4 53.3 57.7 56.4 47.2 35.3 24.6 16.3 35.9 MAXIMUM 20.2 27.1 30.9 39.5 47.3 56.7 60.0 59.4 51.7 38.1 28.4 22.9 37.5 YEAR 1994 1992 1992 1992 1994 1994 1980 1983 1997 1988 1995 1980 1994 MINIMUM 8.2 9.8 22.9 30.0 40.0 49.1 55.6 53.2 43.9 32.3 15.7 6.0 33.0 YEAR 1984 1989 1980 1983 1983 1982 1992 1992 1984 1985 1985 1983 1985 YEARS OF RECORD 18 18 18 18 18 18 18 18 18 18 18 18 18 TOTAL MONTHLY PRECIPITATION. (IN) AVERAGE 0.58 0.48 1.34 1.51 2.46 1.99 1.59 1.12 1.11 0.95 0.90 0.42 14.46 MAXIMUM 1.44 1.52 4.12 3.40 5.36 3.99 3.40 2.97 3.86 2.92 2.29 1.02 20.47 YEAR 1980 1987 1990 1983 1981 1995 1989 1997 1995 1984 1983 1985 1983 MINIMUM 0.05 0.00 0.19 0.18 0.74 0.21 0.37 0.23 0.00 0.03 0.02 0.00 10.10 YEAR 1983 1991 1986 1982 1992 1990 1994 1995 1992 1988 1989 1996 1994 YEARS OF RECORD 18 18 18 18 18 18 18 18 18 18 18 18 18 TOTAL MONTHLY SNOWFALL. (IN) AVERAGE 7.30 5.10 8.20 5.80 0.40 0.00 0.00 0.00 0.80 3.40 8.30 5.00 45.60 MAXIMUM 16.3 13.2 17.0 16.5 6.00 0.20 0.00 0.00 5.00 20.2 23.5 12.3 68.70 YEAR 1980 1987 1988 1984 1983 1982 1997 1997 1985 1997 1983 1985 1983 MINIMUM 0.50 0.00 0.80 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 29.90 YEAR 1995 1992 1986 1992 1997 1997 1997 1997 1997 1994 1989 1996 1996 YEARS OF RECORD 18 18 18 18 18 18 18 18 18 18 18 18 _ 18 SNEPAREU BY:COLORADO CLIMAI E CENT ER,DEPT.OF Al MUSPHERIC SCIENCE,COLORADO SI AI E UNIV.FT.COLLINS,CO 80523.(303)491-8545 DOWN LOADED FROM DATABASE -December 14,2000 46 ADDITIONAL INFORMATION EXHIBIT L RECLAMATION COSTS r This reclamation cost estimate in based on the assumption that there will be no more that 35.00 acres t disturbed at any one time. It is also based on a worse case scenario i.e. , at a time when the greatest area will need some form of reclamation. At that time we will have to respread 20, 166 cubic yards of topsoil, do 5,400 cubic yards of cut/fill dozer work on the working face, prepare 35 acres of seedbed and revegetate 35.00 ac. t. The table below outlines the various areas of disturbance at that time. The amount of topsoil that will be re-spread is based on an average of 6 inches and the cut/fill volume per linear foot is 2.00 cy/lf. In this estimate a D-8 dozer will be used to do the cut/fill sloping. A 631-D motor scraper will be used to resoil the area and a 140G motor grader will be sued to shape the seed beds. These figures are then used in the calculations for the bond amount. The revegetation cost figure includes fertilizer, grass seed, mulch and drilling costs. STAGE TOTAL SOIL DEPTH NEEDS RESOILING 25.00 6" NEEDS SEEDING 35.00 SEED BED PREPARATION 35.00 SECONDARY RESEEDING 25% SLOPE CUT/FILL 2700 LINEAR FEET RESOIL @ 6" 20,166 CUBIC YARDS ESTIMATED UNIT COSTS FOR RECLAMATION ITEMS: Unit Cost 1 . Revegetation includes grass seed mix, mulch, fertilizer and labor to drill $350.97/AC. 2 . Re-spreading soil and/or growth media with 631-D Motor Scraper, Haul distance less than 500 . . 0.53/YD3 1/ 3 . Slope Reduction of mine face, 2700 lft; ave height 10 feet D-8 cat push distance 100 ft or less . 0. 173/YD3 1� 4 . Seedbed preparation, 1 .49 ac/hr, 140 motorgrader 48 .26/AC 1/ RECLAMATION COSTS 1 . Revegetation, 35.00 ac @ $350.97/ac $12,283.95 2 . Resoiling, 20166 yd)*1.12 swell factor @ 53C/yd' 11, 925.41 3. Slope Reduction of mine face, 5400 yd3*1.05 swell factor @ 17.3C/yd3 978.90 4. Secondary reseeding 35.00 ac * 25% @$350.97/ac 3, 070.99 4 . Seedbed preparation 35.00 ac @ 48.26/ac 1, 689 .01 Net Total $29,948.26 5 . Indirect costs Mobilization 3,398.04 Insurance, Bond, & Profit 3, 751 .02 6. Administration costs 1,497.41 TOTAL ESTIMATE 8,794.73 RECOMMEND BOND BE SET AT $39,000.00 1/ Figured using Cat Handbook and rental costs from local sources for 83% effi- ciency, 631-D motor scraper, for eastern Colorado 2/ Figured using Cat Handbook and rental costs from local sources for 83% effi- ciency, D-9 dozer, for eastern Colorado 47 EXHIBIT M OTHER PERMITS AND LICENSES REQUIRED 1. An Air Pollution permit will be applied for prior to com- mencement of operations. 2 . We have applied for a Use by Special Review permit from Weld County 3 . This is a open pit operation and ground water will be ex- posed so a well permit and temporary supply plan is necessary. 4 . A dredge fill permit (404) is not required at this time because waters of the U.S. will not be impacted. If wetland areas are mined we will obtain the necessary permit. 5 . A Storm Water Management Plan (SWMP) will may be necessary for this pit if there is discharge from the mined area. 6. A NPDES permit to dewatering will be obtained prior any discharge of water from the site. 48 EXHIBIT N SOURCE OF LEGAL RIGHT TO ENTER STATE OF COLORADO ) ss AFFIDAVIT COUNTY OF JEFFERSON ) Thomas Sharkey, being first duly sworn upon oath, deposes and says: 1 . The surface and mineral rights in and to the property known as the S & H Mine, located in parts of Sections 26, 34, and 35, T-4-N, R-67-W and parts of Section •2, T-3-N, R-67-W, 6th P.M. Weld County, Colorado are owned by him, 100% fee simple. 2 . Platte Sand & Gravel LLC is legally empowered to enter upon the subject lands and to conduct mining operations for construction and decorative rock and other auxiliary uses under a lease agreement. 3. The lease agreement contains a clause governing replacement or repair of any structures affected by mining. T7amt..- "Thomas Shar SUBSCRIBE D. 4n¢ s or p� to before me this 6212 day of , 2000, by Thomas Sharkey SCHIF;�� , /re c i It/oTA/i$'f, My commission expires: (N• • a$ial seal) � /_/`,jD� ' b Of/1 IN�T��I/BL".&Q i ,P....an.•-r mycnolicoasiostuoi 49 EXHIBIT N SOURCE OF LEGAL RIGHT TO ENTER STATE OF COLORADO ) ss AFFIDAVIT COUNTY OF JEFFERSON ) Krystal Hoffschneider, being first duly sworn upon oath, deposes and says: 1 . The surface and mineral rights in and to the property known as the S & H Mine, located in part of the SE' of Section 2, T-3-N, R-67-W, 6th P.M. Weld County, Colorado are owned by her, 100% fee simple. 2 . Platte Sand & Gravel LLC is legally empowered to enter upon the subject lands and to conduct mining operations for construction and decorative rock and other auxiliary uses under a lease agreement. 3 . The lease agreement contains a clause governing replacement or repair of any structures affected by minin fiX Krystal }ag�'e r SUBSCRIBED =worn sworn to before me this o/O day of , 2000, by Krystal Hoffschneider ,_,-SCHiep`‘ Not ry Publ 1 C F9 ; My commission expires: ( ftrial seal), ; 4/0/ ,�\OF COLOP er YY Camissisn Espies O&WE004 50 • EXHIBIT 0 OWNERS OF RECORD OF AFFECTED LAND - SURFACE AREA SURFACE AREA AND SUBSTANCE TO BE MINED Sharkey, Tom, 15430 Copperfield Dr. , Colorado Springs, CO 80921 Hoffschneider, Krystal R. , P.O. Box 180, Littleton, CO 80160 ADJOINING LANDOWNERS Sharkey, Tom, 15430 Copperfield Dr. , Colorado Springs, CO 80921 Harden, Katheryn A. , P.O. Box 564, Platteville, CO 80651 Decker, Michael & Lisa, 11142 WCR 38, Platteville, CO 80651 -O3enbaugh, Stanley & Mary, 11100 WCR 38, Platteville, CO 80651 Plutt, Kristi A. , 11247 WCR 36, Platteville, CO 80651 Public Service Company of Colorado, 1225 17th Street, Denver, CO 80202 DePratt, Mike E. & Gina, 10997 WCR 36, Platteville, CO 80651 Garcia, Arthur P. , 11283 WCR 401, Platteville, CO 80651 Ptasnik, Michael & Joy, 4815 S. Vine St, Englewood, CO 80110 Swank, Norman & Judith, 16543 WCR 23, Platteville, CO 80651 Kline, Brad & Jill, 16716 WCR 23, Platteville, CO 80651 Weld County Commissioners, 915 10th St. , Greeley 80631 Union Pacific Railroad, 1614 Dodge St. , WP001, Omaha, NB 68179 OIL, GAS AND OTHER MINERAL LEASES Eddy Oil Company, 1432 S. Lancing St. , Aurora, CO 80012 HS Resources, Inc. , 1999 Broadway Suite 3600, Denver, CO 80202 Patina Oil & Gas Corp. , 1325 Broadway Suite 2000, Denver, CO 80202 Prima Oil & Gas Company, 1801 Broadway, Denver, CO 80202 RECORDED ROW'S Duke Energy, 307 17th St, #900, Denver, CO 80202 Eddy Oil CO, 1432 S. Lancing St, Aurora, CO 80012 HS Resources, Inc. , 1999 Broadway #3600, Denver, CO 80202 Patina Oil & Gas Corp. , 1325 Broadway #2000, Denver, CO 80202 Prima Oil & Gas CO. , 1801 Broadway, Denver, CO 80202 Public Service Company, 1225 17th Street, Denver, CO 80202 r 51 EXHIBIT P MUNICIPALITIES WITHIN TWO MILES The town of Milliken, Colorado is within two miles of this site. Town of Milliken P.O. Box 290 Milliken, CO 80543 (970) 587-4331 52 EXHIBIT Q NOTICE TO COUNTY COMMISSIONERS NOTICE OF FILING FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATIONS NOTICE TO THE BOARD OF COUNTY COMMISSIONERS Weld COUNTY Platte Sand & Gravel LLC (the "Applicant/Operator") has applied for a regular (112) reclamation permit from the Colorado Mined Land Reclamation Board ("the Board") to conduct an extraction of construction materials operation in Weld County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Colorado Mined Land Reclamation Division ("the Division") and the local county clerk and recorders office. The applicant proposes to reclaim the land to private recreations and pasture. Pursuant to C.R. S. 34-32.5-116 (4) (m) , C.R.S. , the Board may confer with the local Board of County Commissioners before approving the post-mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments to the application within twenty (20) days of the date of last publication notice pursuant to Section 34-32 .5-112 (10) , C.R.S. If you would like to discuss the proposed post-mining land use, or any other issue regarding this application, please contact Division of Minerals and Geology, 1313 Sherman St. , Room 215, Denver, CO 80203 , (303) 866-3567. Platte Sand & Gravel LLC (INSERT DATE) Hand Delivered 53 EXHIBIT Q (cont.) NOTICE TO SOIL CONSERVATION DISTRICT NOTICE OF FILING FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATIONS NOTICE TO THE BOARD OF SUPERVISORS OF THE LOCAL SOIL CONSERVATION DISTRICT Platte Valley DISTRICT Platte Sand & Gravel LLC (the "Applicant/Operator" ) has applied for a regular ( 112 ) reclamation permit from the Colorado Mined Land Reclamation Board ( "the Board" ) to conduct an extraction of construction materials operation in Weld County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Colorado Mined Land Reclamation Division ( "the Division" ) and the local county clerk and recorders office. The applicant proposes to reclaim the land to a private recreation ..� area and pasture. Pursuant to C.R.S. 34-32 .5-116 (4) (m) , C.R.S. , the Board may confer with the Board of the local Soil Conservation District before approving the post-mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments to the application within twenty (20) days of the date of last publication notice pursuant to Section 34-32 .5-112 (10) , C.R.S. If you would like to discuss the proposed post-mining land use, or any other issue regarding this application, please contact Division of Minerals and Geology, 1313 Sherman St. , Room 215, Denver, CO 80203, (303) 866-3567 . Platte Sand & Gravel LLC (INSERT DATE) 54 ,-.. EXHIBIT R PROOF OF FILING WITH COUNTY CLERK AND RECORDER December 20, 2000 Clerk to the Board Weld County Commissioners Office 915 10th Street, 3rd Floor Greeley, Colorado 81003 Re: Application for a Mined Land Reclamation Permit Dear Sir/Madam: We are delivering to you here with a permit application for the S & H Mine to be operated by Platte Sand & Gravel LLC. Five copies of the application are on file with the Division of Minerals and Geology. This copy of the application is delivered to you pursuant to 34-32 .5-112 (9 ) (a) , Colorado Revised Statutes 1995, as amended, which states in part: .... the applicant shall place a copy of such application for public inspection at the office of the Board and Office of the County Clerk and Recorder of the county in which the affected land is located. This book must be kept for public review until the permit has been approved by the Division. We will contact you once it is and make arrangements to pickup this copy. Please acknowledge receipt of the copy of the permit applica- tion by signing in the appropriate space provided below and returning one copy of this letter to the person delivering the book. This will be submitted to the Division of Minerals and Geology to prove the application book was delivered to your office. Yours truly, ENVIRONMENT, INC. Stevan L. O'Brian enclosure RECEIVED THIS DAY OF , 1996, one copy of an MLRB application for above mine. Weld County Clerk to the Board By 55 EXHIBIT S PERMANENT AND MAN-MADE STRUCTURES The list on the next page represents the permanent man-made structures within 200 feet of or within the mining areas. Some offsite structures are within 200 feet of the permit area but on within 200 feet of an area to be mined. These structures are so noted on the list with a * behind them. No mining will take place within 200 feet of any structures until we have proven that mining will not affect them or we have an agreement with the owner that will allow us to operate within 200 feet of the structure. DATED this a' day of p C C_Ca b e , 00a I 1�_ i) Ro y o f hneider Op rations artner STATE OF COLORADO ) ss . COUNTY OF JEFFERSON ) The forgoing was acknowledged, subscribed and sworn to before me, a Notary Public, this AD day of Nel• , aGW. •raaOl'A�} .9 �i NleaAublt (Na/AWIAL SEAL) , : ' 7cVtg i •;O f My commission expires: y q�;•, B 1.• •QP9 " OF COVt wom pMMOOID ZO4 56 PERMANENT AND MAN-MADE STRUCTURES EXHIBIT S (cont) Please refer to MAP EXHIBIT C -AFFECTED LAND MAP for the location of the structures listed below; Sharkey Public Service - 22 - 3 strand wire fences (internal 1 - Powerline east side and along east side) 1 - Powerline south side 1 - 3 strand wire fence (along Powerlines on site south line) 5 - wood pole corrals near barns* Duke Energy 3 - houses* natural gas line 8 - out buildings and barns* 11 - water wells Eddy Oil CO 4 - oil tanks Hoffschneider 2 - gas collector lines 1 - house 2 - oil wells (one well*) 1 - water well 2 - gas dryer units (one unit*) 3 - 3 strand wire fence (along south line) HS Resources, Inc. 19 - oil tanks Weld County 20 - gas collector lines St. Vrain Monument* 22 - oil wells County Roads (30 and 23) 9 - gas dryer units Union Pacific Railroad Patina Oil & Gas Corp. Rail line* 2 - oil tanks Communication line* 1 - gas collector line 1 - oil well Western Mutual Ditch 1 - gas dryer unit Irrigation ditch Prima Oil & Gas CO. Odenbaugh 4 - oil tanks 1 - 3 strand wire fence* 2 - gas collector lines 2 - oil wells Ptasnik 1 - gas dryer unit 1 - house* 2 - out buildings/barns* Garcia - none 1 - water well* Decker - none Plutt 1 - 3 strand wire fence Harden - none DePratt Kline - none 1 - house 1 - out buildings/barns Swank - none 1 - water well 1 - 3 strand wire fence * not within 200 feet of mined area 57 CERTIFICATE OF SECRETARY I, Adrienne Schieffer, Secretary of Platte Sand & Gravel LLC a Colorado imited liability corporation, certify that on the day of 44Q0:, , 2000 , the Board of Directors of the Corporation consented to the following resolution and said resolu- tion was proposed, seconded and unanimously adopted by the Board. RESOLVED, that Rocky Hoffschneider an operating partner of the Corporation, is authorized to sign and execute for and on behalf of the Corporation all applications, reclamation bonds, petitions, contracts, correspondence and any and all other documents to be submitted to and filed with the Division of Minerals and Geology under the provisions of the Colorado Mined Land Reclamation Act, Colorado Revised Statutes 1995, as amended, Article 32 .5; and FURTHER RESOLVED, that Rocky Hoffschneider as an operations partner of the Corporation , is authorized and empowered to represent and act for the Corporation in any capacity in connection with any acts or activities with or before the Mined Land Reclamation Board under the provisions of the Colorado Mined Land Reclamation Act, and any action taken by said Rocky Hoffschneider, for and on behalf of the Corporation shall in all respects be considered the act of the Corporation; and FURTHER RESOLVED, that Rocky Hoffschneider an operations partner of the Corporation, is authorized to sign and execute for and on behalf of the Corporation all applications for zoning, rezoning, special use permits, conditional use permits, special exceptions and any other forms required by county or city govern- ment relating to the Corporation' s mineral extraction activities . DATED this .1;20 day of , A ienne Schi fer, cre ary STATE OF COLORADO ss . COUNTY OF JEFFERSON ) The for going was acknowledged, subscribed and sworn to before me, a Notary Public, this a0 day of b c s( 5n_ , &so° . o OB Notary Public (NOT N �1g9y9y My commission expires: /8 oer- aOO/ 111/BUt, oo OF CON-" P 58 APPENDIX PUBLISHED NOTICE OF APPLICATION FILING FOR A REGULAR (112) CONSTRUCTION MATERIALS RECLAMATION PERMIT PUBLIC NOTICE Platte Sand & Gravel LLC has filed an application for a Reclamation Permit with the Colorado Mined Land Reclamation Board under the provisions of the Colorado Mined Land Reclamation Act for the extraction of construction materials. The proposed mine is known as the S & H Mine and is located in parts of Sections 26, 34 and 35, T-4-N, R-67-W, and parts of Sec. 2, T-3-N, R-67-W, 6th Principal Meridian, Weld County, Colorado. The proposed date of commencement was 2001 and the proposed date of completion December 2100. The proposed future use of the land is private recreation and wildlife area. Additional information and the tentative decision date may be obtained from the Mined Land Reclamation Division, 1313 Sher- man St. , Suite 215, Denver, CO 80203 (303 ) 866-3567, or at the Weld County Clerk to the Board's office, 915 10th St. , 3rd floor, Greeley, Colorado 80631, or the above named applicant. Comments must be in writing and must be received by the Division of Minerals and Geology by 4 : 00 p.m. on 5 <3` ;. ', Please note that comments related to noise, truck traffic, hours of operation, visual impacts, effects on property values and other social or economic concerns are issues not subject to this Office's jurisdiction. These subjects and similar ones, are typically addressed by your local governments, rather that the Division of Minerals and Geology or the Mined Land Reclamation Board. Platte Sand & Gravel LLC Lakewood, Colorado First Publication: Second Publication: Third Publication: Last Publication: Published in: 5$ NOTICE This site is the location of a proposed construction materials operation . Platte Sand & Gravel LLC whose address and phone number is 1300 Harlan St. Lakewood , CO 80215 , (303) 274-4474, has applied for a Reclamation Permit with the Colorado Mined Land Reclamation Board . Anyone wishing to comment on the application may view the application at the Weld County Clerk and Recorders office, 915 10th St. , 3rd floor, Greeley, Colorado 80631 , and should send comments prior to the end of the public comment period to the Division of Minerals and Geology , 1313 Sherman St, Room 215 , Denver, CO 80203 . Certification: I, 5-7-2,rnc./ L.. C4Q2i.4.J , hereby certify that I posted a sign containing the above notice for the proposed permit area known as the S & H Mine, on 2/— baco',v,sea- zoo° . e(37 Signature Date 60 PROOF OF PUBLICATION 61 Eiriroinet, Inc. LARRY E.O'BRIAN 7985 VANCE DRIVE,SUITE 205A FOUNDER ARVADA,COLORADO 80003 RECEIVED 303-423-7297 FAX 303-423-7599 December 21, 2000 DEC 2 1 2000 Division of Minerals and Geology Mrs. Barbara Chiappone Division of Minerals and Geology Minerals Section - North 1313 Sherman Street, Suite 215 Denver, Colorado 80203 Dear Barb; Re: Construction Materials Application - 112 Platte Sand & Gravel LLC, S & H Mine New Application weld County, Colorado Attached are five copies of the application amendment book and maps exhibits for the subject sand and gravel mine. The first book contains the ivory copy of the original application form with origi- nal seals and signatures. This packet also contains copies of the: • Posted NOTICE certification • Platte Valley Office SCD notice letter 6 mailing receipt I will FAX copies of the proof of delivery letters for the Weld County Commissioners Notice and the Clerk and Recorders proof of placement this afternoon and send you copies via mail for the file. A check (#21577 ) for $2,344.00 to cover the APPLICATION FEE is at- tached. Please call me so I can begin publication and send the adjoining owners notices as soon as possible. If you have any questions please call me. Sincerely, Environment, Inc. Stevan L. O'Brian President enclosures Epvironeit, LARRY E.O'BRIAN 7985 VANCE DRIVE,SUITE 205A FOUNDER ARVADA,COLORADO 80003 303-423-7297 • FAX 303-423-7599 December 21, 2000 Board of Supervisors - .Platte Valley CERTIFIED RETURN Soil Conservation District RECEIPT REQUESTED Ms. Sharon Schuyler ITEM / 7000 0520 0022 4915 0599 840 Broadway Ave. • Ft. Lupton, CO 80621 Dear Board Members; Re: Application amendment for a Mined Land Reclamation Permit • We are delivering to you here a Notice of Application and supporting documents for an application we are making for the S & H mine to be operated by Platte Sand & Gravel LLC, pursuant to rule 2.2. 2 (1) , Colorado Mined Land Reclamation Board - Mineral Rules and Regulations. Your signature on the Certified Return Receipt card will act as the proof that we need to supply to the Division of Minerals and Geology as proof of our filing this information with you. Respectfully Submitted, ENVIRONMENT, INC. U.S. Postal Service Stevan L. O'Brian CERTIFIED MAIL RECEIPT President (Domestic Mail Only; No Insurance Coverage Provided) enclosures 0- 0 FORT LUPTOM,, CO.- 80621 In Sao, $ 0.71 OMIT ID: 0106 A^ p,R V • netum 1.25 _ -Palmist Flom oew.y —. Clerk: KER50 r.En d- ^ , $ 3.42 12/21/00 ru In Nee Name!Plum Min Wearly)Pb M Manned are ease Aoa2p�SCD - .90 giacalstaAly. N Wry.S I.2IP.4L. oit• Co go6 •S F.rm 3:.. F .ruary 2$$$ • See •ev rs t.r lnstructi.ns Colorado Division of Minerals&�ology Sales Receipt 1313 Sherman Street, Room 215 Denver,CO 80203 DATE SALE NO. 12/21/2000 4179 SOLD TO Platte Sand&Gravel LLC CHECK#/CASH 21577 DESCRIPTION NOTE AMOUNT Min: New Application M-2000-158 2,344.00 Tota I S2,344.00 Epvircept, hc. LARRY E.O'BRIAN 7985 VANCE DRIVE,SUITE 205A FOUNDER ARVADA,COLORADO 80003 303-423-7297 FAX 303-423-7599 January 2, 2001 Mrs. Barbara Chiappone Mined Land Reclamation Division 1313 Sherman Street, Suite 215 Denver, Colorado 80203 Re: Platte Sand & Gravel LLC, S & H Mine MLRB # M-2000-158 Dear Barb; The mailing address for the above referenced mine has changed from 1300 Harlan St. , Lakewood, CO 80215 TO: P.O. Box 180 Littleton, CO 80160 Please make this change in your records and I apologize for any inconvenience this change may cause. If you have any questions please call me at (303 ) 423-7297 . Sincerely, ENVIRONMENT, INC. Stevan L. O'Brian President cc file Platte Sand & Gravel LLC enclosure Euvircun) ei)t, Ipc. LARRY E.O'BRIAN 7985 VANCE DRIVE,SUITE 205A FOUNDER ARVADA,COLORADO 80003 303-423-7297 FAX 303-423-7599 January 2, 2001 Mrs. Barbara Chiappone Mined Land Reclamation Division 1313 Sherman Street, Suite 215 Denver, Colorado 80203 Re: Platte Sand & Gravel LLC, S & H Mine MLRB # M-2000-158 Dear Barb; Attached is a copy of the mailing Return Receipts for the Soil Conservation District Notice on the above referenced mine. The submittal only contained the mailing receipt so this should complete the packet for the 112 application. Also enclosed are hard copies of the delivery receipts for the Clerk and Recorder and Board of County Commissioners filings to replace those I faxed to you last week. If you have any questions please call me at (303 ) 423-7297 . Yours truly, ENVIRONMENT, INC. e_ Stevan L. O'Brian President cc file Platte Sand & Gravel LLC enclosure E1)vircl)n) ept, I c. LARRY E.0'BRIAN , 7985 VANCE DRIVE,SUITE 205A FOUNDER ARVADA,COLORADO 80003 303;423-7297 FAX 303-423-7599, December 21, 2000 • Weld County 'Board of County.'Commissioners _ 915 10th Street, 3rd Floor Greeley, Colorado 81003 Re: Application amendment for a Mined Land Reclamation Permit Dear Commissioners; , We are delivering to you here a Notice of Application and supporting documents for an application we are making for the S & H mine to be operated by Platte Sand & Gravel LLC, pursuant to rule 2 . 2 .2 ( 1) , Colorado Mined Land Reclamation Board - Mineral Rules and Regulations: Please acknowledge receipt of this 'notice by signing in the appropriate space provided below and return a signed copy of this cover letter to the person delivering :it. We need to subiilit this copy to the Division as proof of our filing with you. Respectfully Submitted, ENVIRONMENT, INC. Stevan- L. O'Brian President encl"osure !�T - RECEIVED THIS mil/ DAY OF December, 2000 Weld County ou�and f County Commissioners Title S /, L— tiro e t I c LARRY E.0'BRIAN 7985 VANCE DRIVE,SUITE 205A FOUNDER ARVADA,`COLORADO 80003 303-423.7297 FAX 303-423-7599 December 2U, 2000 Clerk to the Board Weld County Commissioners Office 915 10th Street, 3rd.Floor Greeley, Colorado 81003 Re: Application for a Mined Land Reclamation Permit Dear Sir/Madam: We are delivering to you here with a,permit application for the S & H Mine to be operated by Platte Sand & Gravel LLC. Five copies of the application are on file with the Divi- sion of Minerals and Geology. This copy of the application is delivered to you pursuant to 34-32.5-112(9)(a), Colorado Revised Statutes 1995,as amended, which states in part ... the applicant shall place a copy of such application for public inspection at the office of the Hoard and Office of the County Clerk and Recorder of the county in which the affected land is located. This book must be kept for public review until the permit has been approved by the Division. We will contact you once it is and make arrangements to pickup this copy. Please acknowledge receipt of the copy of the permit application by signing in the appropriate space provided below and returning one copy of this letter to the person delivering the book. This will be submitted to the Division of Minerals and Geology to prove the appli- cation book was delivered to your office. Yours truly, ENVIRONMENT, INC. Stevan L: O'Brian enclosure / RECEIVED THIS&/ DAY OF Iri',l' J72OOO,one copy of an MLRB application for above mine. Weld County Clerk to the Board By dr_ .,/,,L/ STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St.,Room 215 Denver,Colorado 80203 DIVISION OF Phone:(303)866-3567 MINERALS FAX:(303)832-8106 & GEOLOGY RECLAMATION December 21, 2000 MINING•SAFETY Bill Owens Mr. Stevan L. O'Brian Governor Environment, Inc. Greg E.Walcher Executive Director 7985 Vance Dr., Ste. 205A Michael Arvada, CO 80003 Long Division Director r Re: S & II Mine, File No. M-2000-158, Receipt of 112 Construction Materials Reclamation Permit Application Package Dear Mr. O'Brian: On December 21, 2000, the Division of Minerals and Geology received your 112 Construction Materials Reclamation Permit Application package for the S & H Mine, File No. M-2000-158. Preliminary review of the information received determined that the following items must be received before the Division can consider your application as being submitted and technical review can begin: EXHIBIT 0 - Proof of Mailine of Notices to County Commissioners (Rule 6.4.17): Please submit proof of actual delivery or proof of mailing by Certified Mail, return receipt requested, of Notice of the Application to the local Board of County Commissioners. EXHIBIT R- Proof of Filing with County Clerk and Recorder (Rule 6.4.18): You must submit an affidavit or receipt indicating the date on which the application was placed with the local County Clerk and Recorder. Your application will not be considered submitted until the information listed above is received and found sufficient to begin our review. A decision date will be established 90 days from the date of receipt of all of the requested information. Additionally, if you have already published notice you will need to republish notice, after the Division considers the application submitted. This notice must be published once a week for four (4) consecutive weeks, starting within ten (10) days of the date your application is considered submitted. We will notify you when you should initiate republication of your notice. The final date for receiving comments is the 20th day after the fourth publication or the next regular business day. This letter shall not be construed to mean that there are no other technical deficiencies in your application. The Division will review your application to determine whether it is adequate to meet the requirements of the Act after submittal of all required items. Sincerely, enA c C[Lf,po c2 Barbara D. Chiappone Minerals Division Program Assistant II cc: Rocky Hoffschneider, Platte Sand&Gravel LLC,w/enclosures PLATTE SAND & GRAVEL _C. S & H MINE SON_CONSERVATION DISTRICT PERMIT#M-2000-158 CERTIFIED RETURN RECEIPT January 2,2001 1 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete Items 1,2,and 3.Also complete -A deceived by(Please Print Clearly) of Delivery item 4 if Restricted Delivery is desired. � _(V • Print your name and address on the reverse agrentii4/ ~Uso that we can return the card to you. :■ Attach this card to the back of the mailpiece, r 0 Agent or on the front if space permits. i. s•: item 1? ❑Yes 1. Article Addressed to: r; If YES,enter delivery address below: 0 No Board of Supervisors - Platte Vs :ley Soil Conservation District , Ms. Sharon Schuyler - 840 Broadway Ave. - - - j Ft. Lupton, CO 80621 a Service Type ,[Certified Mail 0 Express Mail - 0 Registered. 0 Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) - 0 Yes 2. Article Number(Copy from service label) - 7000 0520 0022 4915 0599 . PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952 • STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources • 1313 Sherman Si,Room 215 Denver,Colorado 80203 DIVISION () ' Phone:1303)866-3567 .l FAX:1303)832-8106 RECEIVED MIN E &RA L GEOLOG December 27, 2000 t'tY —L 2nD] RECLAMATIO MINING•SAFET Mr. Rocky Hoffschneider ENVIRONMENT INC. BIB Owens Platte Sand&Gravel LLC Governor E. 1300 Harlan St. Greg E.Watcher Executive Director Lakewood, CO 80215 Michael B.Long Division Director Re: Receipt of 112 Construction Materials Reclamation Permit Application, S & H Mine, File No.M- 2000-158 Dear Mr. Hoffschneider: On December 27, 2000, the Division of Minerals and Geology received your 112 Construction Materials Reclamation Permit application for the S & H Mine, which is located in Weld County. All comment and review periods began on December 27,2000. The decision date for your application is scheduled for March 27,2001. Within ten (10)days after submittal, you must publish notice in a newspaper of general circulation in the locality of the proposed mining operation once a week for four (4) consecutive weeks. Immediately after the first publication, mail a copy of the notice to all owners of record of surface and mineral rights, holders of any recorded easements, and all owners of record of lands that are within 200 feet of the boundary of the affected land. Proof of notice and mailings, such as Certified Mail - Return Receipt Requested, must be submitted to the Division of Minerals and Geology prior to the decision date. Additionally, any changes or additions to the application on file in our office must also be reflected in the public review copy which has been placed with the Weld County Clerk and Recorder. The Division is reviewing your application to determine whether it is adequate to meet the requirements of the Act. We will contact you if additional information is needed. Please be reminded that all operators must contact the Colorado Department of Health, Water Quality Control Division regarding storm water permits. If you have any questions,please contact me. Sincerely, etV1-bAc` &. Ckiappnt.t -co(Carl B. Mount Senior Environmental Protection Specialist cc: Stevan L. O'Brian, Environment, Inc. ADEQUACY REVIEWS AND RESPONSES (IN REVERSE CHRONOLOGICAL ORDER) EóviSun, ent, Inc. LARRY E.O'BRIAN 7985 VANCE DRIVE,SUITE 205A FOUNDER ARVADA,COLORADO 80003 303-423-7297 FAX 303-423-7599 April 9, 2001 Ms. Erica Crosby Division of Minerals and Geology 1313 Sherman St. , #215 Denver, CO 80215 Dear Erica; RE: Platte Sand & Gravel LLC S&H Mine, Permit # M-2000-158 Attached are copies of the items I faxed you today along with the original of the Mutual Ditch letter faxed on April 6, 2001 . I think this does it unless the meeting on April 17th. If I have forgot anything please let me know or if you have any questions please call me. Sincerely, Environment, Inc vL.e_ Stevan L. O'Brian President cc Platte Sand & Gravel LLC file r PICKETT ENGINEERING,INC. .April 6,2001 Steve O'Brian Environment, Inc. 7985 Vance Drive, Suite 205A Arvada, Colorado -80003 RE: S&H Mine Platteville,Colorado PEI No. 01-006/14.0 Dear Mr. O'Brian: You forwarded to me a portion of a letter that you received from the Division of Minerals and Geology,regarding information they require in reviewing the application that has been presented to them. Question number 9 asks what specific measures will be taken to mitigate the impacts of flooding. I offer recommendations based upon my review of the available data, specifically,the South Platte River Basin Flood Study prepared by the U.S.Army Corps of Engineers,Omaha District, dated April 1977. The following chart reflects the flood event, the expected velocities,the flow rates and the depths of flow as they impact the site. STORM ESTIMATED FLOW ESTIMATED AVG. ESTIMATED FREQUENCY RATE DEPTH OF FLOW VELOCITY (cfs) (feet) (fps) South End North End South North South North Of Site* Of Site End' End End* End 100-year 28,000 33,000 2.2 3.0 1.5 to 2.0 3.6 500-year 49,000 57,500 4A 4.7 1.6 to 2.5 5.0 * South end and all but the northernmost end of the site. Based upon this information, it would be my recommendation that the mitigation measures utilized would include the following, in order of priority: 1. Keeping the dry pit slopes at a maximum slope of 1:1. 808 8th Street -- Greeley, CO 80631 Phone(970) 356-6362 -- Fax (970) 356-6486 2. Installing pipe connections between internal berms separating the pits to help stabilize water elevations during flooding events.' 3. Installing flood control spillways between the reclaim lakes. These would be installed in the berms that are oriented in the east-west direction. 4. In lieu of internal spillways, armoring using riprap on the east-west internal berms and potentially the western edges of the lakes that abut the South Platte River. These measures will minimize the impacts due to flooding. As you can see from the chart, most of the velocities that are expected within the area of the mining operations will be below velocities considered to be erosive. Once mining work begins,we will provide specific armoring and mitigation details for each part of the construction. If you have any additional questions,please contact me. Sincerely, PICKETT ENGINEERING, INC. s A.P. ett,P.E. elide cc: Tom Sharkey,Colorado Structures,Inc. Rocky Iloffschneider, Concrete Management Corp. E1)Vr1)11) e1)t, I c. L...CRY E.O'BRIAN 7985 VANCE DRIVE,SUITE 205A FOUNDER ARVADA,COLORADO 80003 303.4234297 FAX 303-423-7599 April 5, 2001 Clerk to the Board Weld County Commissioners Office 915 10th Street, 3rd Floor Greeley, Colorado 81003 Re: Application for a Mined Land Reclamation Permit Dear Sir/Madam: We are delivering to you here with the final adequacy review response packet for the S & H Mine to be operated by Platte sand & Gravel LLC. This copy of the adequacy review packet is deliv- ered to you pursuant to 34-32 .5-112 (9) (a) , Colorado Revised statutes 1995, as amended. This packet must be kept with the original book, for public review until the permit has been approved by the Division. We will contact you once it is and make arrangements to pickup this copy. Please acknowledge receipt of the copy of this packet by signing in the appropriate space provided below and returning one copy of this letter to the person delivering the book. This will be submitted to the Division of Minerals and Geology to prove this packet was delivered to your office. Yours truly, ENVIRONMENT, INC. Stevan L. O'Brian enclosure C) 0 RECEIVED THIS DAY OF , 2001,one FT) r m 0 copy of an D.M.G. Adequacy review packet for above mine. C- w -7:-; Weld County Clerk to the Board By 0 o9 i_.7. { o ;> -0 CO) 0 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St., Room 215 Denver,Colorado 80203 DIVISION 0 F Phone:(303)866-3567 MINERALS FAX:(303)832-8106 & GEOLOGY RECLAMATION April 6,2001 MINING•SAFETY Rocky Hoffschneider Bill Owens Platte Sand&Gravel LLC G° en° P.O. BOX 180 Greg E.Watcher Executive Director Littleton,CO 80106 Michael B.Long Division Director RE: File No. M-2000-158;Platte Sand&Gravel LLC S&H Mine;DMG Recommendation of Approval Dear Mr.Hoffschneider, The Division completed the required technical review of the adequacy concerns for the S& H Mine I 12c application submitted by Platte Sand &Gravel LLC. The Division believes that Platte Sand&Gravel LLC has complied with the minimum requirements of the Construction Materials Act and Regulations. The Division is prepared to recommend approval of the application to the Mined Land Reclamation Board at the April 25-26, 2001 Board meeting. . Enclosed is the Division's rationale for recommendation for approval over objections. A Pre-hearing conference is scheduled for April 17,2001 in Milliken,Colorado at the Milliken Community Complex; 1101 Broad Street at 10:30 a.m. Objectors may withdraw their comments prior to the start of the Board Meeting if they choose not to be a party to this matter(must be in writing). If objections are not withdrawn,all pertinent issues will be presented to the Mined Land Reclamation Board at the April 25-26,2001 meeting. The Pre-hearing Conference Officer will present a draft hearing order to the Board. The Board will decide whether to adopt the draft Board order at the meeting prior to the actual Board Hearing on this matter. If you have any questions,please do not hesitate to call me at 303-866-4943. Sin5e.rely, Erica Crosby Environmental Protection Specialist Enclosure cc: Bruce Humphries;DMG Carl Mount;DMG Sandy Brown;DMG w/enclosure Cheryl Linden;AGO w/enclosure Mark Held;AGO w/enclosure Stevan O'Brian;Environment Inc. w/enclosure All Parties&Interested Persons w/enclosure Rationale for Recommendation for Approval, Over Objections; Regular 112 Construction Materials New Application, Platte Sand & Gravel, LLC S & H Mine, File No. M-2000-158 Apri16,2001 Introduction On April 6,2001,the Division of Minerals and Geology("Division") issued its recommendation for approval of a 112 Construction Materials Amendment Application, over objections. This document is intended to provide a basis for the Division's recommended approval over various concerns and reasons for objection to the S&H Mine,File No. M-2000-158. The Platte Sand& Gravel LLC application was found complete and considered filed with the Division on December 27,2000. The site is located southeast of the South Platte River and approximately 2.5 miles northwest of Platteville in Weld County,Colorado. The property is located in portions of Section 26, 34 and 35 of Township 4 North,Range 67 West and portions of Section 2 in Township 3 North, Range 67 West of the Sixth Principal Meridian. The permit area is 1,239.40 acres in size,whereas 831.11 acres will be mined. A total of 408.29 acres will not be disturbed by the mining operation. The mining area is divided into 9 areas, summarized below: Mining Area Total Area Mined Area Buff Lake 143.71 92.83 Confluence Lake 39.86 23.18 Highlands Lake 78.03 42.78 Longhorn Lake 207.73 118.22 Lake St.Vrain 74.32 30.9 Krystal's Lake 51.54 12.7 Meadow Lake 212.34 154.10 Sand Flats Lake 80.72 61.05 Sharkey's Lake 351.15 296.73 Totals 1,239.40 831.11 No more than 35 acres of mined land will be disturbed at any one time.This includes 15 acres for processing,batch plant operations,and stockpiles, 15 acres for stripped pre-mining areas and 10 acres for partially reclaimed areas. Mining depth will vary between 45 and 60 feet. Dewatering of the pit is limited to one acre in size in each pit to facilitate the dredging.During construction of the 1-acre pit,water will be removed by pumping from the low areas where water accumulates. Once the starter pit is mined,a dredge will be constructed in the pit. Dewatering will cease, and dredge("wet mining")will begin from that point in time.The site will be reclaimed to achieve a combination of postmining land uses including recreation and wildlife habitat. r'^ 1 I. Objections: The Division received objections from the following individuals and organizations during the initial public comment period. Objector Dated Date Received Kathryn A. Hardin February 5,2001 Michael J.Ptasnik February 2,2001 February 7,2001 Gale Scott February 12,2001 February 14,2001 James J. Brochard February 12, 2001 February 14,2001 Mike Depratt February 12,2001 February 14,2001 Stan Odenbaugh February 12,2001 February 14,2001 Royce A. Reinick February 12, 2001 February 14,2001 Bruce W.Rippe February 12, 2001 February 14,2001 Michael Decker February 16,2001 Beth Decker February 16,2001 David W. Siple(PATINA OIL&GAS) February 15, 2001 February 16,2001 Dustin M.Ammons(representing HS February 15, 2001 February 15,2001 RESOURCES,INC.) Objections Received after the Public Comment Period: Objector Dated Received Sandra L. Boos February 15, 2001 February 20,2001 Jimmy J. Boos Kenneth L.Boos Objections Received at the Informal Conference Held March 6,2001 and Within 5 Days of the Conference: Objector Dated Received Marty Block(XCEL ENERGY) March 7, 2001 March 9,2001 Michael J. Ptasnik March 8, 2001 March 9,2001 Objections Withdrawn to Date: Objector Dated Received Norman&Judith Swank February 27, 2001 March 1,2001 2 H. ISSUES RAISED BY OBJECTORS: Issues raised by objecting parties are listed below, along with the names of the objectors. The Division's response to objection issues follows. Issues are listed under the application exhibit (application section)to which they pertain. Issues not pertaining to a specific application exhibit are listed next. Issues that the Division believes are not within the jurisdiction of the Division or Board are listed last. ISSUES WITHIN THE JURISDICTION OF THE DIVISION AND BOARD ISSUES RAISED DURING THE INITIAL PUBLIC COMMENT PERIOD Application Exhibit E-Reclamation Plan: 1. "No significant quantity of land proposed for reclamation. All the mined area will be multiple lakes(767 acres)and essentially only the banks of these lakes will be reclaimed,which is a total of only 64 acres of the entire site." (Michael J. Ptasnik; February Z 2001) Response- All remaining lakes must be reclaimed to meet the standards of 3.1.5(7) of the Construction Material Rules and Regulations. Maximum slopes and slope combinations must be compatible with the selected land use of recreation and wildlife habitat. Reclaimed pond slopes must be no steeper than a ratio of 2h:lv,v, except from 5 feet above to 10 feet below the expected water line where slopes shall be no steeper than 3h:1 v. The applicant has committed to these standards in the application,which is acceptable for the postmining land use of recreation. The wildlife habitat areas will not be disturbed,therefore reclamation is not necessary. As long as the applicant secures a well permit and a Substitute Supply Plan or Augmentation Plan to compensate for depletions due to evaporation loss from the Office of the State Engineer,this plan meets the minimum standards. 2. "The proposed Reclamation Plan does not reflect current benchmark practice and state-of-the-art design for mined land reclamation." (Scott, Brochard, Depratt, Odenbaugh, Reinick& Rippe;February 14, 2001) Response-The Construction Material Rules and Regulations require mine operators to achieve minimum standards for reclamation. Such standards included steepest slope combinations compatible with the selected land use,topsoil replacement and revegetation of the disturbed land. The applicant has proposed the minimum required reclamation standards for the site. 3. "Environmental issues addressed in the application is vague and non-descriptive. An environmental impact statement should be provided up front,bringing into play run-on,run-off,discharge,clean water act and NPDES issues with solid solutions and goals/expectations." (Michael Decker;February 16, 2001) Response- An Environmental Impact Statement is not required to be submitted to the Division in order to obtain a Mining and Reclamation Permit. However,the applicant does need to address surface water runoff issues, any mine dewatering and state if an NPDES permit will be obtained. Such procedures are included in the proposed mine plan to specifically address any off site impacts. The applicant has met the minimum standards addressing protection of the surface water and groundwater for this operation. Application Exhibit G—Water Information: 4. "Concerned with groundwater impacts. Domestic water is from a well and the ground is sub irrigated from the water level. Possible impacts to the water table level and loss of the domestic well...depriving us of water." (Kathryn A. Hardin;February 5, 2001) 3 Response-The applicant submitted a hydrologic evaluation of potential impacts to nearby wells prepared by Leonard Rice Consulting Water Engineers,Inc. This report evaluates impacts to lowered water levels in wells resulting from the dewatering of the 1-acre pit sites for dredge construction. The 1-acre starter pit will cause a maximum drop of 5 feet,2000 feet from the starter pit site if located above the most permeable portion of the aquifer. In addition,mitigation effects of aquifer subflow and recharge will reduce the effects by 50 percent. If this occurs,the impacts to nearby well uses will be insignificant. Platte Sand&Gravel will also begin mining as far away from existing wells and as close to the river as allowed. Any change to this plan will need to be submitted as a revision to the permit. The Division believes that impacts to the surrounding well owners will be minimized. 5. "We have 3 homes with 3 domestic wells and ten irrigation wells on the adjacent property. Wells are located within 169 feet to 516 feet of the applicant's land. Irrigation wells are located within 169 feet and 427 feet of the applicant's land and three wells are approximately 800 feet away. Wells are in danger if dewatering and dry mining techniques are utilized. My right to farm is threatened." (Michael Ptasnik;February 7, 2001) Response-The applicant will limit the dewatering pit to 1-acre in size to minimize impacts to adjacent well owners. In addition,the applicant will begin mining as far away from the existing wells and as close to the river as allowed. The report prepared by Leonard Rice Consulting Water Engineers,Inc. demonstrates that limiting the dewatering activity to a maximum area of 1-acre,will not impact adjacent well owners and infringe on their water rights.The applicant is also required to comply with the rules of the Colorado Division of Water Resources,Office of the State Engineer for all wells located within 600 feet of the area. 6. "9 have major concerns regarding the wetlands in the applicants permit. It has been relatively dry over the past few years,but there is no question multiple areas of wetlands exist in the areas requested for mining. The applicant has completely ignored the presence of wetlands stating that a U.S.Corps of Engineers permit is not required." (Michael Ptasnik;February 7, 2001) Response- The applicant submitted a map titled,"Platte Sand& Gravel LLC Adequacy Exhibit 5 Wetlands Map" that delineates the wetland habitat. Platte Sand&Gravel states that they will not impact the wetland areas at this time. If and when a U.S.Army Corps of Engineers 404 Permit is issued, it must be submitted to the Division to determine what course of action will be needed regarding the reclamation plan and the reclamation cost estimate. 7. "This entire area is in the 100 year flood plain. As recently as three years ago,hundreds of these acres were flooded and inaccessible for weeks. Approximately 25 years ago,this entire area was flooded and under water. The riverbanks in the spring erode regularly,and the river path continues to change significantly. Forty acres of riverbank were lost four years ago during spring flooding. Please do not allow the applicant to minimize the historical, real flooding that regularly occurs in this area." (Michael Ptasnik;February 7, 2001) Response- Potential floodwater elevations will actually decrease as the pit is mined out. Platte Sand&Gravel will not mine closer than 400 feet of the riverbank until an armoring and bank stabilization design has been submitted to the Division and approved. Topsoil piles and miscellaneous materials will be placed and bermed to ensure these features are not impacted by flooding. In addition,the applicant will not mine in the floodplain until a floodplain analysis and mitigation plan is developed and submitted to the Division for review and approval. 8. "Groundwater protection; applicant leaves open the option to change the mining to a dry operation at the discretion of the operator. A dry operation would require dewatering of the active mine pit. The application does not offer any protection to surrounding property owners or farmers regarding protection of adjacent - . agriculture or domestic wells. A slurry wall in active pits would be a minimum requirement for protection. Monitor wells drilled at the applicant's expense and monitored regularly by a neutral third party would be appropriate." (Scott, Brochard, Depratt, Odenbaugh, Reinick&Rippe;February 14, 2001) 4 Response-The applicant will limit the dewatering pit to 1-acre in size for dredge construction.Once the dredge is constructed,the pumps will be shut off and the area will be wet mined. In addition,the applicant will begin mining as far away from the existing wells as possible. The report prepared by Leonard Rice Consulting Water Engineers, Inc. demonstrates that limiting the dewatering activity to a maximum area of I-acre,will not impact adjacent well owners and infringe on their water rights.Any change in this plan(including dry mining greater than 1-acre in size) will need to be submitted as a revision to the permit. At that time, the Division will review the impacts to the hydrologic balance and surrounding well owners. 9. "Proper containment and disposal of mine and plant generated chemicals or other toxic by-products are essential to groundwater protection. These containment and disposal plans must be detailed prior to granting permit." (Scott, Brochard, Depratt, Odenbaugh, Reinick&Rippe;February 14, 2001) Response-The applicant is required to properly dispose of mine and plant generated chemicals in accordance with the Regulations of the Colorado Department of Public Health and Environment. Only"inert material"may be left on site and utilized in the reclamation plan. The plant area will facilitate portable structures including a process plant,asphalt batch plant and concrete plant. Water associated with the processing plant area will be directed to the silt pond and contained on the mining area. The concrete and asphalt plant will be lined with a double layer of 60- mil vapor barrier and will be used as a double liner in the depression. Four inches of clean sand will cover the barrier and will be capped with roadbase material. In addition,a small containment berm will be placed around the plant site to contain the area. The berm will be engineered to contain the amount of liquid products stored in each plant site area. 10. "The proposed site is entirely within the 100-year flood plain for the South Platte. The applicant should provide a detailed plan of operation which will protect adjacent and downstream residents from mine or plant produced effluent in the event of periodic flooding of the adjacent South Platte River." (Scott, Brochard, Depratt, Odenbaugh, Reinick&Rippe;February 14, 2001) .-- Response-The applicant will not mine in the floodplain until a floodplain analysis and mitigation plan is developed and submitted to the Division for review and approval. 11. "The application should provide a site specific review and identification of jurisdictional wetlands prior to granting the permit. This study should be undertaken by a neutral third party agency" (Scott, Brochard, Depratt, Odenbaugh, Reinick&Rippe;February 14, 2001) Response-A preliminary wetlands study was completed by ERO Resources in 2000, and a copy of the wetlands identification map was submitted to the Division. Platte Sand&Gravel states that they will not impact the wetland areas at this time. A letter dated April 1,2001 from the Department of the Army Corps of Engineers states that the area to be mined in the next 15 years is not a wetland.If and when a U.S.Army Corps of Engineers 404 Permit is issued, it must be submitted to the Division to determine what course of action will be needed regarding the reclamation plan and the reclamation cost estimate. 12. "The water which would be required for augmentation of the evaporative loss from the lake surface in this reclamation plan is significant. The water is currently available for agriculture production and it would be lost for such purpose in perpetuity." (Scott, Brochard, Depratt, Odenbaugh, Reinick&Rippe;February 14, 2001) Response- Platte Sand&Gravel predicts that 2,274.23 acre-feet of water to evaporate from the exposed lake areas each year. This assumes a lake surface of 768.32 acres with an average net annual evaporation of 2.96 acre- ft/surface acre. The applicant states they have no current water rights to use for make up water. The applicant may not expose groundwater until a well permit is issued by the Colorado Division of Water Resources,Office of the State Engineer("OSE"). The applicant states that a Temporary Substitute Supply Plan("TSSP")and well permit have been filed with the OSE. In the TSSP,the applicant will commit to buying water from Longmont to cover the industrial and evaporative uses associated with the operation during the first five years. The applicant has committed that groundwater will not be exposed until they have received necessary approvals from the OSE. 5 13. "Water issues will be affected by the operation of this size and duration and statements in the application show no proof of protection to the landowners in the area. The liability to replace surrounding owners of water rights/irrigation rights are not addressed at all." (Michael Decker;February 16, 2001) Response-The applicant may not expose groundwater until a well permit is issued by the OSE. The applicant states that a TSSP and well permit have been filed with the OSE. In the TSSP,the applicant will commit to buying water from Longmont to cover the industrial and evaporative uses associated with the operation during the first five years. The applicant has committed that groundwater will not be exposed until they have received necessary approvals from the OSE. 14. "Afraid that the mining operation will deplete the aquifer that supplies my deep irrigation well,something that I have to have to continue farming." (Beth Decker;February 16, 2001) Response- The applicant submitted a hydrologic evaluation of potential impacts to nearby wells prepared by Leonard Rice Consulting Water Engineers,Inc. This report evaluates the impact to lowered water levels in wells resulting from the dewatering of 1-acre pit sites for dredge construction. The 1-acre starter pit will cause a maximum drop of 5 feet, 2000 feet from the starter pit site if located above the most permeable portion of the aquifer. In addition,mitigation effects of aquifer subflow and recharge will reduce the effects by 50 percent. If this occurs,the impacts to nearby well uses will be insignificant. Platte Sand & Gravel will also begin mining as far away from existing wells as possible. Any change to this plan will need to be submitted as a revision to the permit. Based on the findings in this report, the Division believes that impacts to the surrounding well owners will be minimized. Application Exhibit H—Wildlife Information: 15. "This would also have a substantially negative impact on the existing wildlife and would adversely affect this habitat. The Platte River runs along the west and north side of this property. Deer, eagles and hawks,owls, ducks and other species live in this habitat." (Michael J. Ptasnik; February 7, 2001) Response- The wildlife habitat area as defined in the permit application will not be disturbed by the mining operation. This includes undisturbed areas along the river that are designated wildlife habitat. The applicant states that very few trees or shrubs will be removed by mining and none will be removed by the applicant in the wildlife habitat areas. In addition,the applicant is working with the Division of Wildlife("DOW")and the US Fish and Wildlife Service to address the buffer distances regarding the eagle roost habitat. Once a buffer distance is set,a map will be sent to the Division showing this location. No mining will take place inside the buffer during the period November 1 to March 1. The applicant must comply with all threatened and endangered species that may exist on the mine site. 16. "The true and MI adverse impact of this mining and industrial processing operation on critical wildlife habitat contained within the permit area should be fully evaluated by a neutral third party agency." (Scott, Brochard, Depratt, Odenbaugh, Reinick&Rippe;February 14, 2001) Response- Comments and suggestions were obtained from the DOW. The designated wildlife habitat area will not be disturbed by the mining operation.The applicant is working with the DOW and the US Fish and Wildlife Service to address the buffer distance regarding the eagle roost habitat. Once a buffer distance is set,a map will be sent to the Division showing this location. No mining will take place inside the buffer during the period November 1 to March 1. The applicant must comply with all threatened and endangered species laws that may pertain to activities at the mine site. 6 Application Exhibit L—Reclamation Costs: 17. "Given the applicants lack of prior experience in the extraction of sand and gravel, it is important that the corporation's liability be confirmed. The maximum amount of posting of the required reclamation bond should be required." (Scott, Brochard, Depratt, Odenbaugh, Reinick& Rippe; February 14, 2001) Response- All financial warranties are set and maintained at a level which reflects the actual current cost of fulfilling the requirements of the Reclamation Plan. The Division prescribes the amount of financial warranty taking into account the nature, extent and duration of the proposed mining operation, type and estimated cost of planned reclamation by the State of Colorado according to the requirements of the Act and reclamation plan. For the S& H Mine, the Division estimated a reclamation cost in the amount of$111,500.00. The estimate is based on the applicant's commitment that no more than 35 acres of disturbance will be present at any time. The estimate includes dewatering a portion of the pit to facilitate reclamation,backfilling and grading the pit slopes to the required slopes, topsoil replacement, revegetation,mobilization/demobilization from the job site,and indirect costs. Application Exhibit N—Source of Legal Right to Enter: 18. "Family has retained V2 of the oil and gas royalties on the property. 43 oil&gas wells are currently in productions and 6-7 have yet to be drilled. I have major concerns regarding the ability to maintain and optimize the current oil &gas production and future drilling and redrilling operations. There is currently considerations and plans for well spacing capabilities to be changed to every 20 acres. Thus,my financial interest and ownership interests in the oil and gas wells seem to be in jeopardy here." (Michael J. Pasnik;February 7, 2001) Response-The applicant is required by law to protect any structures located within 200 feet of the affected land (Rule 6.4.19). The statute does not protect structures that have yet to be constructed, such as future oil and gas wells. Platte Sand& Gravel will not cross buried gaslines or use roads with gaslines under them as haul routes until copies of the signed working agreements are submitted to the Division. In lieu of an agreement,the applicant may submit crossing and road designs showing how the gaslines will be protected. The applicant has provided adequate setback distances to ensure structures are protected.The applicant will obtain an agreement from the owner of the structure if mining is to occur closer than the approved mining setback distance. 19. "Patina Oil& Gas Corp. is the owner of certain oil and gas leasehold rights under the application lands and operates one oil and gas well on the lands. Patina is concerned about the impact the mining operation will have on Patina's ability to develop,produce,operate and maintain oil and gas wells on the lands...Patina has received no confirmation from the applicant that Patina's real property rights to use a reasonable portion of the surface of the land for oil and gas development are being preserved...Patina is strongly opposed to any surface development that would require Patina to incur the additional costs and risk associated with directional drilling or that would impair Patina's access to its existing Scottsdale Ranch 2-11L well or other potential well locations." (David W Siple-PATINA OIL& GAS;February 16, 2001) Response-The applicant is required by law to protect any structures located within 200 feet of the affected land (Rule 6.4.19). The statute does not protect structures that have yet to be constructed,such as future oil and gas wells. Platte Sand&Gravel will not cross buried gaslines or use roads with gaslines under them as haul routes until copies of the signed working agreements are submitted to the Division. In lieu of an agreement,the applicant may submit crossing and road designs showing how the gaslines will be protected. The applicant has provided adequate setback distances to ensure structure are protected.The applicant will obtain an agreement from the owner of the structure if mining is to occur closer than the approved mining setback distance. 20. "HS Resources currently operates several wells located on the Leaseholder Lands and has exploration rights for future development that will require reasonable surface access to the lands...HS Resources and the surface owner have not executed a surface use agreement covering the mine. HS Resources requests that any permit 7 approved by your agency accommodate HS Resource's rights or be contingent upon the execution of a surface use agreement between the applicant and HS Resources." (Dustin M. Ammons-DAVIS GRAHAM&STUBBS, LLP representing HS Resources, Inc.;February 15, 2001) Response-Platte Sand&Gravel will not cross buried gaslines or use roads with gaslines under them as haul routes until copies of the signed working agreements are submitted to the Division. In lieu of an agreement,the applicant may submit crossing and road designs showing how the gaslines will be protected. The applicant has provided adequate setback distances to ensure the structures are protected. The applicant will obtain an agreement from the owner of the structure if mining is to occur closer than the approved mining setback distance. Application Exhibit S—Permanent Man-Made Structures: 21. "Historical significance of the Fort St.Vrain area in the midst of the mining area. Indian burial grounds have been rumored to be in the area." (Michael.' Ptasnik;February 7, 2001) Response- Platte Sand&Gravel will not mine closer than 222 feet from the Historical Monument,and will work with the Platteville Historical Society to preserve as much of the area as possible. A letter from the Platteville Historical Society dated February 16, 2001 states that the site will be preserved. In addition, the Platteville Historical Society studied sites 5WL087 and 5W814 and determined that the mining set backs are sufficient to protect the sites and the road leading into the sites. 22. "Two historical sites are located on the property. The applicant does not address any detailed plan of protection/mitigationfor these sites. Appropriate protection for the original site must be outlined in the mine permit application." (Scott, Brochard, Depratt, Odenbaugh, Reinick&Rippe;February 14, 2001) Response- Platte Sand&Gravel will not mine closer than 222 feet from the Historical Monument,and will work with the Platteville Historical Society to preserve as much of the area as possible. A letter from the Platteville Historical Society dated February 16, 2001 states that the site will be preserved. In addition, the Platteville Historical Society studied sites 5WL087 and 5W814 and determined that the mining set backs are sufficient to protect the sites and the road leading into the sites. ISSUES RAISED AFTER THE INITIAL COMMENT PERIOD (During the Informal Conference Comment Period) 23. "Regional hydrologic impact analysis prepared by Leaf Engineering. Analysis prepared by Leaf Engineering states that the production from each well owned by Mr. Ptasnik will be decreased, and in some instances, surging will result(10 irrigation wells and two domestic wells)." (Michael Ptasnik;March 9, 2001) Response- The analysis prepared by Leaf Engineering dated February 28,2001 is based on drawdown calculations for the dry pit mining after 365 days of continuous dry mining in an average cell consisting of approximately 45 acres. The result of the analysis depicts potential injury to all of Mr. Ptasnik's wells at the end of the 90-day pumping period for the wells and the 365 days of continuous pit dewatering. The applicant submitted a groundwater analysis prepared by Leonard Rice Consulting Water Engineers,Inc.dated March 23,2001. The report is based on a 1-acre starter pit that will be excavated below the water table to a depth of 25 feet. During construction of the 1-acre pit,water will be removed by pumping from the low areas where water accumulates. Once the starter pit is mined, a dredge will be constructed in the pit. Dewatering will cease, and 8 dredging("wet mining")will begin from that point in time. Leonard Rice Consulting Water Engineers calculates the maximum amount of water level decline to be around 5 feet 2000 feet from the starter pit site located above the most permeable portion of the aquifer. To further minimize impacts,Platte Sand&Gravel will commit to mining in each dewatering area in early summer so that aquifer dewatering is complete prior to the next irrigation season and mining will be conducted in each lake area as far from the wells as possible and as close to the river as practical. The applicant will need to submit an additional hydrologic assessment if changes to the dewater plan are necessary. Based on the analysis prepared by Leonard Rice Consulting Water Engineers,Inc.,impacts to the surroundingwell owners will be minimized. 24. "We think the size of the concrete recycling storage piles should be clearly specified by the applicant and limited in the permit process. There are runoff concerns on any storage pile that should be addressed in the permit. Impacts to the river via storm water runoff or potential contaminates due to any recycling operation should be well investigated." (Many Block-XCEL ENERGY;March 9,2001) Response- Platte Sand&Gravel does not propose a concrete recycling plant under this operation. However, the applicant has specified that"inert material"may be used to reclaim the pit slopes. The definition of"inert material"includes concrete,which has been in a hardened state for at least 60 days. The Division only ensures that enough bond exists to reclaim the site according to the plan. This would include any"inert material" located on site used in the reclamation plan. The applicant is required to obtain a Storm Water Management Plan("SWMP")and an NPDES permit to dewater from the Colorado Department of Public Health and the Environment. r 9 ISSUES RAISED DURING THE INITIAL COMMENT PERIOD THAT THE DIVISION BELIEVES ARE NOT WITHIN THE JURISDICTION OF THE DIVISION OR BOARD 1. "Destroying good agricultural land..." (Kathryn A. Hardin;February 5, 2001) 2. "Prime agricultural land including adequate water for irrigation and agriculture...Land historically home to 550 head cow/calf operation...1000 acres of dry land, sub-irrigated and irrigated pasture exists on the land. (Michael]. Ptasnik;February 7, 2001) 3. "Traffic issues regarding the operation. This Northern access route proposed seems relatively dangerous and a major concern regarding continuing agricultural use of surrounding land in the area because of the nearby traffic and congestion about this mined area...1 would think a formal traffic study is warranted." (Michael I Ptasnik;February 7, 2001) 4. "Agricultural will begin to disappear further and further from the mining site...Approval would change this agriculturally zoned area to a true industrial area for 100 years." (Michael J. Ptasnik;February 7, 2001) 5. "The noise and dust pollution will be significant and should not be minimized." (Michael] Ptasnik; February 7, 2001) 6. "Property values will plummet." (Michael] Ptasnik;February 7, 2001) 7. "Historical significance of the Fort St. Vrain area which exists in the midst of the requested area." (Michael] Ptasnik;February 7, 2001) 8. "This entire area is indeed located in a flood plain. This appears to be a direct violation to the Weld County comprehensive plan." (Michael] Ptasnik; February 7, 2001) 9. "Scope of operation is huge. This is one of the largest single pieces of agricultural land that remains in the immediate front range. It is beautiful open space that requires your help to survive." (Michael] Ptasnik;February 7, 2001) 10. "Scale of operation is extreme in reference to its size, length of permit and accompanying industrial activity." (Scott, Brochard, Depratt, Odenbaugh, Reinick&Rippe;February 14, 2001) 11. "No evidence that the applicant has any previous business experience in sand and gravel extraction." (Scott, Brochard, Depratt, Odenbaugh, Reinick&Rippe;February 14, 2001) 12. "Applicants status of"limited liability corporation"indicates that there is questionable legal liability carried by the applicant in regard to serious concerns about ground water protection,jurisdictional wetlands and wildlife habitat protection, and downstream protection from mine effluent during intermittent flooding of the adjacent South Platte River.." (Scott, Brochard, Depratt, Odenbaugh, Reinick&Rippe;February 14, 2001) 13. "The loss of agriculture water is not compatible with Weld County's Comprehensive Plan." (Scott, Brochard, Depratt, Odenbaugh, Reinick&Rippe;February 14, 2001) 14. The company and the DBA as an L.L.C.protect the applicant and not the present surrounding landowners. (Michael Decker;February 16, 2001) 10 15. "In a 20-square mile radius there are numerous sites of this type which truly questions the demand and experience of dealing with the business operation." (Michael Decker;February 16, 2001) 16. "It will create excessive noise and dust,cause pollution from the trucks and machinery and create an enormous amount of traffic on my quiet dirt road." (Beth Decker;February 16, 2001) 17. "My property value will also be affected negatively." (Beth Decker;February 16, 2001) ISSUES THAT WERE RAISED AFTER THE INITIAL COMMENT PERIOD THAT THE DIVISION BELIEVES ARE NOT WITHIN THE JURISDICTION OF THE DIVISION OR BOARD 18. "We understand the applicant's right to mine the gravel on his property similar to what we may eventually propose. We do not understand the need or right for the other related asphalt batch plant and recycling operations and the applicant hasn't been clear around his business purposes for the expanded operations. The applicant indicated a current problem with excessive concrete spoils at their Denver operation and we are concerned about our neighborhood being negatively impacted by this part of the proposed operation." (Marty Block-XCEL ENERGY;March 9, 2001) r 19. "The DMG or Weld County should have a comprehensive approach for planning the gravel mining in this portion of Weld County." (Marty Block-XCEL ENERGY;March 9, 2001) 20. "The applicant will generate considerable truck traffic on roads adjacent to our plant, which may affect the safety of our employees and contractors." (Marty Block-XCEL ENERGY;March 9, 2001) 21. "Hwy 66 should be improved to accommodate this traffic and the increasing traffic associated with the growth in the area." (Marty Block-XCEL ENERGY;March 9, 2001) 11 April 6, 2001 Ms. Erica Crosby Division of Minerals and Geology 1313 Sherman St., #215 Denver, CO 80215 Re: Platte Sand & Gravel, LLC S&H Mine, Permit # M-2000-158 Dear Ms. Crosby: On behalf of the Western Mutual Ditch Company you are advised that it waives the requirement pursuant to CRS 34-32.5-101, et Seq. to receive a 20 day notice from the Applicant, Platte Sand & Gravel, LLC in the above referenced case no. M-2000-158. This waiver is given with the understanding it does not affect the right of the Western Mutual Ditch Company to appear and submit evidence either as a proponent or objector in any future proceedings with respect to this Permit Application. Very truly yours, Western Mutual Ditch Company By .W1- t ofCotoP/14u ) Sl, Co%J•c1 ; y or QFLb ) 1, 51) 6Scridcck f rru- IAA' (et' dildul o* 4-er, I . 2°b 61 -4O.4 *- hgrdf cW Wilt-e►1 t o -!411-4 e actIA- �'� v Aft_ b Jc & CD vvikv""J . . 'i ,t. y,,, .� r :• �j CO- in\(S Stern -ect r vie 'S`. fad _y7 d o 0O3 Alai �Po (C� y ' 8 r.aa.-�t,�raa'low IV/ I "^'� &at. • -- T0 '�1C11f.:0L onn t4— From birT hi CIRCES Csi Oa,loept, 1i ,at l ne. Gd. O�IG • COST PMrai Phoney 4r27, } fo • th Y9Aq5 i - ...,.. '. ,, ,.»-,-......,,-,----7-7,77,+ '...',1''.'•y Fax(F Ry5`l lib Fax8orb-a."IIM ..4I PROJECT IDENTIFICATION Date: 05-Apr-2001 Permit or job no.: *2000468 Site:S&H Mine user; _ ESC Abbreviation : none State;Weida Filename: M168-00O County:),Meld Agency or organization name:Division Of Minerals&Geology Permit or Job action:New 112 Pemlit Application • %1.»r.u,— ....w...i.-.-...- »...i�++•+X.L.u-. a..wt4-«'I...u�nu�,+..1:' �._.-a-w.., �.'L.'4W'rliY' Y,�'il i• '..v.A:..._.......w..-w.l- •i.J TASK LIST(DIRECT COSTSI ✓_ ' L �'FORM FLEET TASK DIRECT NO. TASK DESCRIPTION LJSEp SIZE HOURS COST 001 -Pump Pit Water to Facilitate Backfilling&Grading pumping 1 877,00 $26,336 002 -Backfill 8 Grade Slopes dozer 1 239.30 $32,788. 003 -Replace Topsoil on 35 Acres _ _ scraper' 1 110.69 $20,421' 004 -Revegetate 35 Acres ravage 1 40.00 $12.354 O05 -Mobilization/Demobilization - mobilize 1 3.78, $2,492 • SUBTOTALS: 1,270.77 $94,391 •....,,_ includes Wallop factor adjustment or: NA • 96 • TOTAL DIRECT COST•a $94,391 INDIRECT COSTS--'-_..-.-..._.._....... ...,--.,.__. ..'..Lr.'„...IM.T.i.:.'L .-._.....»...�tn2'y.-.....,.,..,......:..:•r;ai+k.r •:.',.-.,:r.•:,a:u:....::..__,....... _i OVERHEAD AND PRoPrr- Liability Insurance: 1.55 96 of direct total= $1,463 Performance bond : 1.05 %of direct total= $991 Job superintendent: NA` _ _NA NA total= Nq, Profit: 10.00 %of direct total= $9,439 'not required(oregp,operarorsa,ves es super.) TOTAL G a P= $11,893 CONTRACT AMOUNT coma+0$P)a $106,284 PROJgGT MANAGEMENT. Engineering work and/or contract/bid preparation; NA NA NA total- NA Reclamation management and/or administration : 5.00 %of mfr. AM total= $6,314 CONTINGENCY- NA* NA total= NA "Cdpgnpenclaa accounted rat at task level TOTAL INDIRECT COST= $17,207 _...-_..___.- TOTAL BOND AMOUNT(direct+Indirect)= 3111,59E at-- ...._.�.._ .. _.._.r-..._.........,.ww:u.:.r.....rdJSw..rr.na-_1_.Y9u.vrN.i.%1-' •u..... r�.—i...iw..W/.._.......+...._�.... _..-.....-a..,-r.+_:..t4_W u_ CIRCES Cost Estimating Software PUMPING WORK ........w,..7•71: 1:„v.'-rn;r,1'. -.—r-RT._ PROJECT IDENTIFICATIO—___•,-, .... _-_,`, ..,._..,;,,;a>.....;. '1._::. 114:4 ..L:.L :_I..; .;`'t ": ...;b;.s.a Task no.: 001 Slate:Colorado Permltijob no,:M•2000-158 Date: 03/214001 County:Kra Abbreviation:none ' User: ESC Site;S6HArms Filename:44158-001 Agency or organization name:Division Of Minerals&Geology Permit or other job action:New 112 Permit Appicetion Task description:Pump out Water to Facilitate Backf fling 8 Grading y .,wwn+r`.Y v,_� nom• T._r.— ��. II'11n ^"V,_T'll',u.l!rl•^rir..l'rv�nn.T....r HOURLY EQUIP COST .•..!:...z.1.„,...t....... ..ie.:,1e1—`_ __4. :.,L_'- �;xu;1t.:y1 L.:1-4...».2L.._ i....4,,,m•..._..:....,j.Li,;-,.,aLs .:-„1 hai.:.s MENT Data Description I Quantity Source Pump:Centrifugal pump. 10.0in. 2 (CRG) Suction hose:Suction pipe, 10 in.diem., 20 ft.L 10 (CRG) Discharge hose:Discharge pipe, 10 in. D, 508.L 4 (CRG) Labor:NA 0 NA Cost Breakdown: Job Utilization: Ownership cost/hour: $10,36 NA Job shift basis: 3 per day Operating costihour: $19.64 100 % Horsepower: 70 Operator cosvhour: $0.00 NA Weight(UST): 1.95 Total cost/hour; $30.00 ,—. Total fleet cost/hour: $30.00 r.,......r-r-ro r.,;,.._.r--r::".:Ir"""+fir.— r—rrn—i;;;r i y m« ,.n.P"Ir u,. _., L.__ PUMPING QUANTITIES Initial pond Conversion Final pond volume: 38,115,00000 cubic feet factor: 7.4805 volume: 285,119,258 gallons Total pond Inflow surface Unit Inflow rate In Total pond Inflow volume area: 146,880 sq,fL gph/sq.ft. : 0.3518 per hour: 51,643.01 gph Source of volume estimate;DUG Estimate-Permit Information 1 I.........n...X-,.. r.n.. ''' "�'"'C 4 s,...;.�,_.,7 ."-rr"n„�Tr•7rr 771., 797.7rcr.T, .._..;.,. PUMPING TIIItE " .w_ W...._d .w .� :� :q. `' 1, ,s ':I:A.,Y F .m r .:"e;_'uu.$::..� ' .=uJl' u:wL':11u.t:.w.tw,i,:.ti«I.:..:.._.:� �.,•. . '7=.;;u Rated pump capacity: 200,000 opt/pump Total pumping capacity: 400,000 gph . Initial unadjusted pumping time' 712.80 hours Inflow as%of pond volume: NA % Inflow during initial pumping time: 36,811,040 gallons Net unadjusted pumping time: 804.83 hours Pump efficiency factor: 0.9167 (55,nbzmr.) Total adjusted pumping time: 877.96 hours r..__._.ar.«_....._.-.v,_..++..r«�._..n..._r.wfryiN e.rv.�._.��nt.,.q,.«mr=,-12Trl.`"--/7sm,,X71'7y.....�W.,M.«.51;7'1^v.�n... .1,1 f .... 1:. . . I:. n .IOjf TIME AND COST —:u�:.:..........:...:.5'a�w:�l.�.:.aµ_A..:a,:r.;:a::,1,:1,W,.._.t:..:._� . •. ' ' .;i Total Job time: 877.96 hours • A.^ Unit coat: S0.000082 per gallon Total job cost: $28,336 . ...,......-.,�-.n.4,,;.; . .—.—l.•r'�r:., �._ ;,r.,.,y._ ____.�....,�r. .,w_;.ua� ..,«r_......._�:k:...._..S,.a:':C::2_,_._.,. u.L: irr. ':fu«,._ _ —_..._.....:._,.._:i._:;.::�7.4,........: CIRCES Cost Estimating Software HULLDQZER WORK /^ ......_.,,.w.._... --7-7—r—'7. ), ._-t•y.....mod,,,nr 7y-,-_7�.,,,..,.N....q.";,tnrk -d •,G• ^v-7c- -,..m-.,•_rw,w PROJECT 1[1l NTIFICATIOP( _,.—E :w.,...-___......W.. .,S:_ :<:i;_... 4..:44..i.:;u:i i .i�L.., _—.,_...-...,.,.�...___..'.1m:......- -----7 Task#: 002 State:Colorado Permit/1O#:M-2000458 Date : 0321/2001 ' County:Weld _Abbreviation:none ...I user: ESC Site:S&H Mine Filename:M158-002 Agency or organization name:Division Of Minerals&Geology Permit or other job action:New 112 Pengit Application Task description :Backfill& Grade Slopes HOURLYEQUIPIuIENTCOSIY • ____,_.,,.._.._.. ._._•....4...,;..:1:,:wµ•...... _u__--;.:d..ii..__•._ .L..-.:._.,•,;. .,.-_,_51__�:1e.;... Basic machine:Cat D8R-asu Horsepower: 305 Blade type:Semi-Universal —� Attachment no. 1 :BOPS Cab Shift basis : 1 per day Attachment no. 2 :NA Data source: (CRG) Utilization% Cost Breakdown: Ownership cost/hour: $43.04 NA Operating cost/hour: $65.98 100 Ripper op. cost/hour: $0.00 NA Operator cost/hour: $2799 NA Total unit cost/hour; $137.02 Total fleet cost/hour: $137.02 MATERIAL QUANTITIES Initial Swell Loose volume: 73,440 LCY factor: NA volume: 73,440 LCY source of estimated volume;WS Estimate-Based on 35 acres Source of estimated swell factor:NA —- HOtjRLY PRODUCTION Job Cond Non Correction Factors Source N Operator skill: 0.75 (avg.) Average push distance: 150 feet Material consistency: 1.00 (Cat KO Unadjusted hourly production: 634.3 LCY/hr Dozing method: 1.00 (gen.) Visibility: 1.00 (avg.) Material consistency description; Job efficiency: 0.85 (1shitl'/day) Consolidated stockpile Spoil pile: 0,80 (fnd-rr) Push gradient: ' 1.22 (Cat HO) Average push gradient: 10.00 %(nag) Altitude: 1.00 (Cat NB) Average site altitude: 4,770 et Material weight: 0.79 (Cat NB) Blade type: 1.00 (S/SUAJT1 Material weight: 2,900 Ibs/LCY Net correction: 0.48 T_— Weight description: Sand and gravel-Dry Adjusted unit production : 306.90 LCY/hr Adjusted fleet production: 306.90 LCY/hr .1OB71MEANDCOST...._. ..._. _._ _,.._:I' `'a-.,..._.! ":.:.:'4.ca.•�•,•- ....G..._.,._... ,.._..- c"__.....,..____._._.._.-... •� Fleet size: 1 Dozer(s) Total job time: 239.30 Hours Unit cost: $0.446 /LCY Total job cost: $32,788 i ciRCRs Cam RsA%Atgls&MLw$. sCMPss TP.AM WORK NOJlCTiDfl(TJFICATWd w...-......-.^....iM-o..r•..•.�•.•.•.-•:dA. s-uLrr.-ww.'.4.w• �i..e.Yr`.'.. Pi es.� ASS Ksfe;ps6a AMn;MSS olpn.0 a C.oMlm Took,: 003 OW;Cobnrp PMAWXP:M.2000.171 DM6; 094Sd001 C.01p:IN'dq AAMM4I6m:MAW Um: 000 00:91NWK Pplsm.ASKS -- 822111irist$a ilIMY'.ada .QQ IlI ism ®. _._._—..,_. .... . .... tan 41140 pp:papNe9 r 600101 la AOry IbuPLVEGUMM coil''~ ..-_.—_r—.i.--.._..._--Biiq E:q`:: '111 i tiq•"n_":.�,i.�_ . 9A4prPm DuwpIMN . Iampon mnali-eMp1r ON 077E -NS akar;NA sISISI4pnM 40e04s rte • -Daly Me NA 1111 OM6A6Ipa3d.11om!M W da .WAIN Nom-Mi Ss fN•Wewll l SSW NAIL Tar Suppol9ANpmaol 1as swiss SPIelsm loss NAM Lori VIP PM.Mn (Nett WYYwAIrp MIPM IMAiMenn: mat Mi Ni Si NA NA iTIWlplwlpplOP 1 rn NA NA NA NA A4 -r*Ita simerd NA NA NA NA IS 108 O.OMINP1a$4ln! OAS NA 114 NA IS mil *ppridMpammurq $11061 NA NA NA NA AN Rlpnrup Ma4ppr. AM AM NA NA MN AN OpoiIKOaWar, SM/0 NA #41 AM '� NA Mj WL PaINS SIKH rN m7 NA W1 ON Slow KulOo: 1 9 0 0 0 0 asp.,ssa: Nis; $11140 pupae: S000 MA1wmw: a&00 TtIN wail ism somas: $10440 L._.it_.�rmii�i.,;.. ....'".......«..L_,_»........»....1,:.,.1-.-.........,.,wtIt";..';:':.•.u.:::'..-""-1 MW SW11 lm.. wWn: 90!73 L0Y Moor: NA wise 1 30,739 LCY HIS 0lWwnY INS*:CMG 9d0n.M.10*Al Penn% »S.NOe MmeiLAdO.wa!tonal C ... H0URLYenoi�' .",,.'".••••.__ „—��_:..t.. i� .L;'.•y.:aG;,w,,,,.,_:.__y�._»....I .... Orau1 ^ Moor!Wood b..Ntw)ea*: 1114P411041 MOM)Dab: A1.•1W10483; its pp9MS'WY SAS 14.00 ICY md•MIdua lIM: poop.*Nw.: WOO LCY CNA•Leap Awns wino: 11.00 LOY moo p.%*I 40000 MAN 1013130saLr: 77.00 MGT'- NOM WSW; *Ea ICY I^wdos ydupvaao..PrrM,.1rt LYM.n••' 40 C.111101 CCWmbn.: I..r.W(Aa: 4770 ' Noures DSKMaM00n': 1.36 scraper P4pMi CM'S mIAM.. Ana•q. 1.000 NA OOs 1190 Manner•INAN Ng 0mPl MRIN:»�—mMM.. JM stools Ono NA !Car M!) . •w.dmwwMpwrAOaMA. NMMAu0lenl 0013 NA Bowl 1 • • 10•0cs AMnduapls:100011,a4 maltws ne wax,Yaw aMOW.m IM0IRa1.: et1 ION Mono.O..D [fig*.Pk) pop m1.04 Ton x1.1%) wlapY(Pm) Tnwl MO.brlit 1 1,000 100 000 100 refs 070 RmumMNS: ism 1616: 071 minas 1 1,000 0.0 is 300 2713 0.10 ',wani Ma*.AYP.MomdwYppKepn NM4ml*wl Oil 1AMMNI TOW 11410130.!41 plMM Ills IMO*Sd T imams p0 sMa*MMA)I 3.99 MIAs lbedlls.01MAPud4dbMW0: 107.91 L0YAar- M$MM0 Iwlob a:TARP: 34!27 L0Y$l 0pMM PAW oatropin par push dour: NA 04amp NSW x*ass: 1 •os•rP1 AMMH 1679110span m(wN hourly priSsO0A: 90100 LCYAIM _ 7- A41104MOONNNW MMO IA1•0 ANC1 NOUNS l 211.00 Lenoir./'1 meTuiF•WP me7'.^-•r,�.._-.,..:wow..,....... •• �_'—,-,..,x..,.:l ta,.... ...x_.»...' 1„J rot e0..: 1 mono) Sella Sp11; 110.09 Nan ' us mod: ant & Y _ _7x.11.ma: $20,421 f.--._.....»..+,-L-w+:,...._.......:...�.._......i.._.....144 i....... _. ...:i A.:....' .Mr,...p:i"I�'1'r..r'.W.,J Mtn 00.1 EMmmina So/tan .•"� --� _ REVEOETATION WORN 177.7 _..7.x' w....'r_.., ,.,, ' '.i—.y''k" .. i�t•.A"«��...� ,„T,i r,-,..-T+ , r•-•_.t, PROJECTiGEi1T�F1CAUGH Aq.Pd/I ieffftl lliti I OIMiIICA G% ICeemq• Tuw'a; 004 Ss :COWipa.1.41.4•20004811p. PNAIINA pa. "—' oat.: Pd•AIY,dWOI WHY:1NW — AMnwNI•p:AWN user: EEC Els mum:ir HttL. naM,.:Mi$S-0M Pang N IWINpp KIM:New 10 Pam✓AAWMYN4 Tai dcwlgggn:Rw.ptgn 75 Rain I..•._._.w..,,, . �' '•... 1`, 'n.n't!4_.1....:IT;/AR.i,•:.- tsiid,,ia^a. TI WS /A as I 4 NMNNRMWNIfAC OMITS/AR{ 4MT C0$41 IT PREi(ACJIE PIS •MRI0.2: W$1f(14f6gj rMWTW1Y wm Nw r4n rT.g7r -16(00.3: IdTAL TMP'LPP MItt1MM WI7IAN11; $7.1Y AWMOImA•WNW M.117WWNMAOgiNA W IMEAMS oposo as cap nal •OWING n0.2: —7"'"--T-7.7-717:177.: _.,,•,,,•w ,OTALINIGUpM�Inw7L�MAG.I,I COSIAcW, nl.n 177"" _ ,l I.._.....„.. L a ONO) __1_..,;:A)i..�.:.:.�l++w:.14:kk.:JLv1Li.11,.,1�d„'.i • 00,2:�N.nId.OWp,d'AI (MEAN$C2 J10 h1� ra.,7 .mNllm na.A: _ TOT&GINS COW/AM I $4447 `"Y. , .. lyr^-•,.....-n........y wT71 T.',� f p�:T`r•Y:;'9^",I...T„ry.�._,any... may._..+n,v agiima _�_...._... .,._x....... .:4L 1. .—..�,.µ� ATE• ANVII.:dn. um t1. - ..ilCO ME I ACRE INTWECR W�1NIICN �S M. COsi OMESINN EN: AUIIS1f NAMEWVAe; eCIA WINOpric on M(. I LEB1s are E.TPCp NISHceo MANN 0H47 PpI ending ad. ACRE ALe Giwn gLCNEGrnd SEpCEs; •AWthoa g.c MAllel do erNl+WtuOIM.TMMIon N+Nu Nany O.* .dnq balsa NM N010e+dSMNuwd. MOCrMM•A.-GAr•n DNANW au Me 0.W NO.* Warm 0.7 raw EM..Nn GwnM- •ta idiWNM N1*0MM 4880 NNNc Wot EW Rita won Nq;nWI.I•tame ACTIP/1.'wmINI 4go MAW Gael SO riEn N'.NNA NIAw11M•egmw Agrw on.AWN Ago MAW G40l So ra 1i FORDS: SWIMS AND TROTS DNA)1 • •IOnL aetNalp A.I 3.0 `TWTAL NMM MO/ACMMI 11.70 •TOTALIC.Lgmg11NM: SWAMP alma LppAwIM •MANX;4poulpq(PAW IMNYd*M T.nt aletiCATNNOOITI ACM $04M • ._..______. ...,. . '...u..J.. alL..•"..V,C.r ...w.,.: . UNITSIAr_`?::i MULCHING MPd MMC IANe01U OESCkPTION MAN SWING UNITS MGM UNIT COST IHNIT COST ACTS MIS •Lam M.I:NO MAMA andarrll Wean ' AMn no.t-' •imp no.s: -Omni.l: ton •/ MINN no I:Al NNTAIp1ear.ragyryq TWTALIILIM W1GIpuOMTIANIp: gWMP -IAI4N0 no.2: •mMnod no.S: .—...._ ^r^—rte.•--.�-yl:____ ,. T.M.1... ,I�� Tm.M10S l P.Ir1PO..Ti.w; WAN Al1En4LYSTTdNL PIANTINe TYPE Am 6VE N�TERNL_'P•�itANnNO CO'uT PFRf:.I:r•:TPTAI.!•••.:'»TOTM:••... COMMON NAME Na'ACM IpI..ON.al Gain cairn.) COST/PUNT COST/PLANT PEISET COM',PLANT COST I ACRE NINf+NYIM.tnq*.e ..._ r+r-,.,••."•- TOTAL WSW/.TdO[WRI WAS I am J.______T NO.N WOO: 35.00 ` µi d.. cut WO: Sft.da n10W.J0 wan:.,M 50.2/ !Minsk.'Nara ran(wont). 3000M Coil/lery Sits Wpan0N.Sop COOT.—S;PO0.0a n.•SMadad rag81010481k hm. FT4 �,....__.-.w..._..,...�. .._.. .1_..__,. _ ,,.....-.l d. ... t t rr';L—,-. ..- no"ro'dr lrT: 513004 GIRCES Coe)r.Nmatlny Software EQUIPMENT MOBILIZATION I DEMOBILIZATION .� PRD.IECT'IDENIIFICATON•:.•�••'••••• L'T_.,uJ:u.u�__,,.h,:...»._.,,�a:.W,,.u'..rw::,::i4 wu_:._tTl;.ry ;,,J»..�;: Ja;,ti �---. AOMcy 0InfOanNallon name:DMs$on or Morals I GeolOPy Task N: 005 State:Ca:00 PrmlMob 0:$42006158 Pate:04DS2001 comb.:NUM AlaInvwuan:none thr: ESC 5112:8841 Moo F1lanxne:M155-005 Peeplt oroiler lob action:Nee 111 Pealt Ap aketien TAO eleaerlplcn;MoppkaUon/Demobl/haflon Et]111PNE,: a,—.ORTN CST..'1.;....,•...,.�ww.:«:,t,.rn=— 11:x:J-.4:,:.i6iw.$,. °W':'F,W%l4' '4�J "�1:W4.La .usNM1 M/la; `1Aerfly Coil data lane CRG Dale Tnsk tractor aaarpllon:Gene5e o-hl phwaY tnwk hector.&A dewMpo..s 400 M' MO Millar destdplon:Gwmto foloMg eaoeenec2 crap SO tiPmenr 00AV7257.-0507 4MD07) Anpa6la r{p omacItlee; 0-25 Iona SO'Toha 51+Tons co*Breakdown: OwMra1teMlhow: 72523 $28.32 $30.e4 Aping caWMnow: 5 025 472.15 , .64 43 2 'T OP�rawl cas0no4(: $2454 521,31 525,54 Heger oe45ldr: 522.70 422.70 522,70 Total Uil@valor: $10271 51+0.60 2114,09 NCN-ROADABLBE9UIFMENT t1/4:"— M4uma WalaIwWt6 Pwneraltp Hat Rid Fleet Sae Haul Tip Return Trip DOT pang Desorption (Tone) CMYhrMnit Coelnylunll INo.unks) DoN/NIfloat cosi/hugest CoN/flaal -Cercwgalpump,NI 2.11 518,04 110271 2 $23460 4107.42 woo •Car DOR•5811 4405 544.01 5770,50 1 5153.54 511050 20.00 Car027P 4082 $45,77 SI10.50 f $158,2$ $110.60 o.4a 47avep.Equip. 20.00 — 440.00 $105:71 1 - 4143Y7 5103.71 40.00 Subtotals: $692.02 5532.13 20.00 — IiUApAEIFEGNIPIAENT"`«.w,,.:,, Machin Total Flees Size Hall TAP Return Trio beacn$IOn CCellb91rlwdt (Ha yells) Ccsuhrlfeet CeWMlpeet • • ,......�,.,,..•. Su9MWe: 4400 $0.00 C-OOIPMEM HAUL DISTANCE inn TIME.•••.^•,:•,., • Neren mgr 001;or town wlmh polled area melon: 0444145 TLarnponatlon Cvda Tlma: Non- Total one way trivet dlalance: 240 muse Roam* Romlable Mama(ravel speed: 440 - mph as pmam E lament Meal lime(hours)= • TOM non-maea la m0*Idamoo coal•: 12,452.40 Room lima thowa)• 0.44 0.44 •M•roan.l54.rek Ma eta Loading dma Chaise)• 0.50 NA Total rosette mopldernob nom`•: 40.00 Unloading Ilma Chollre)• 0,50 NA ^ono round"etc Mahe) ._.SuMg.I$ 0.69 ......- JODnMEANDCOST __ a .. Totaljob lkna 4.7$ hcws ........... ....._,..,...._ _.,_...,„.,.r.._..,.•,.:..-- Total coal 4 Epvircuwent,• LARRY E.O'BRIAN 7985 VANCE DRIVE,SUITE 205A FOUNDER ARVADA,COLORADO 80003 _ - - - 303-423-7297 FAX 303-423-7599 April 5, 2001 Ms. Erica Crosby Division of Minerals and Geology 1313 Sherman St. , #215 RECEIVED Denver, CO 80215 APR 0 5 2001 Dear Erica; Division of Minerals and Geology RE: Platte Sand & Gravel LLC S&H Mine, Permit # M-2000-158 Platte Sand & Gravel LLC (PS&G) has asked me to respond to the additional items Mr. Schreiner, and Mr. Sorenson have asked answers for. I will respond in .the order presented for each part of their memos and the additional information we discussed today. Memo from Tom Schreiner 9. Today (4/5/01) my discussion with Mr. Schreiner centered on what type of information he needed and the reasoning behind the request. PS&G is making the following commitment to give their engineers time to do a thorough analysis and develop a plan that would be acceptable to the Division. PS&G will commit to not mining in the floodplain until a floodplain analysis and mitigation plan is developed and submitted to the Division for review and approval. This . analysis may be complete prior to the Mined Land. Reclamation Board hearing on April 25-26. . I will submit this as soon as it is available. Memo from Alan Sorenson Response 25: PS&G will commit to not constructing lateral berms or leave one within 400 feet of the top of the. riverbank unless the Division has approved a design for protection on the lateral berms. The operator will file a lateral berm protection plan with the Division, prior to constructing a berm within 400 feet of the river if it becomes necessary. r Response 26: x PS&G will commit to not mining within 400 feet of the top of the riverbank until an armoring and bank stabilization design has been submitted to the Division and approved. The ENVIRONMENT. INC. , PAP; 4 APRIL.5, tool operator will file a kanic stabilization plan with the Divi- sion prior to mining wa.tl ip 400 feet of the river. Other: Tom Schreiner and l d .scgaaed the 404 permit a.ssue, and he explained the Divisions concerns and _reasoning on why the • . staff made this request. We arrived at a reasonable compro- mise so: PS&G will commit to submitt .ng copies of any 404 permit wetland mitigation applications made to the US Army Crops of Engineers, to the Division, so, the Division can determine what course of action will be needed regarding the reclamation permit. Attached is a copy of the weld County Clerks placement receipt for our March 30, 2001 adequacy response packet. Clarification for items #¢ on 4/4/01 response. , The size of inert material that will be delivered to the site is classified as minus 3 foot. As part of the inspec- tion plan, each load will bedocumented at the scale house to keep track of the type and quantity of inert material accepted and how is was disposed. : These records will be maintained in our corporate offices. I hope these responses address the items to your satisfac- tion. A copy of this response will be placed with the Weld County Clerk of the Board as required. If you have any questions please call me. Sincerely, Environment, Inc Stevan L. O'Brian President cc weld County Clerk Platte Sand & Gravel LLC • file Epviroet, luc. LARRY E.O'BRIAN 1985 VANCE DRIVE,SUITE 205A FOUNDER ARVADA,COLORADO 89003 303-423-7297 FAX 303-423-7599 April 4, 2001 Ms. Erica Crosby RECEIVED Division of Minerals and Geology 1313 Sherman St. , #215 APR 0 5 2001 Denver, CO 80215 Division of Minerals and Geology Dear Erica; RE: Platte Sand & Gravel LLC S&H Mine, Permit # M-2000-158 Platte Sand & Gravel LLC (PS&G) has asked me to respond to the additional questions in your April 3, 2001 letter and the addi- tional items Mr. Schreiner and Mr. Sorenson have asked. I will respond in the order presented for each part of the letter. 1 . PS&G's attorney expects to have the waiver from the Mutual Ditch Company later today or tomorrow. I will make sure you get a copy as soon as it is available. 2 . The processing facilities would only be placed in the areas shown as mining,areas on Map Exhibit C-1 - Mining Plan Map. Platte Sand & Gravel LLC understands the requirement of a revision if the processing plant were moved to a "not dis- turbed" area. The original response was due to a misunderstanding on what you needed. I concur that if, there are , permanent plant foundations etc. in the plant site that they would have to be in the bond calculation. After discussing this with PS&G it was determined that only portable plants would be on the site until yearly volumes reach a point where permanent facilities need to be built. These plants can be moved readily and no permanent foundations would be built until a bond reevaluation was complete. The three plants involved are capable of being moved using semis' and what usually amounts to 3 loads per plant. For a portable asphalt plant this consists of: The plant, the bulk storage tank, and supporting facilities . For the portable ton7 r. ENVIRONMENT, INC. PAGE 2 APRIL 4, 2001 "^, concrete plant they are very much the same; the plant, con- crete silo and supporting facilities. The processing plant again being portable, would have a screen deck, a crusher, and conveyors that would use a total of 4 trucks. The plants and material storage units all have axles so they can be towed. The support facilities and conveyor would have to be placed on trailers. There would be no footings, floors or permanent slabs until the facility becomes fixed units. The processing plant area will not discharge any thing that would affect the surface or ground water quality except dirty water. This water will be directed to the silt pond and contained on the mining area. No special protection is necessary for the processing plant. Once the exact location for the asphalt and concrete plants is know, the area under each site will be excavated to create a shallow depression. A double layer of 6-mil vapor barrier will be used as a liner in each depression. Then 4 inches of clean sand will be laid over the barrier and roadbase material will cap the site. A small containment berm will be placed around each plant site to keep anything from leaving that particular site. The size of the berm will be engineered to contain the amount of liquid products stored in each plant site area. There will be ade- quate sand to absorb spills that may occur around each plant site. Any contaminated material will be disposed of properly and current BMP's will be used at all times for these opera- tions. 3. The only improvements to existing roads that would be used as internal haul routes would be to grade and gravel them. Good gravel roads are compatible with the intended final reclama- tion use of recreation and wildlife habitat. Our primary haul route is the new road show on the Mining Plan Map. The south- ern 2,600 feet of the new road would have to be down sized if your assessment were valid, but since this is an extension of Weld County Road 23 it will be the best access into the site when reclamation is complete. The landowners do not want it narrowed or downsized and I have attached a notarized letter from Krystal Hoffschneider to that effect. Therefore, no additional work on the roads would be necessary if the Divi- sion had to reclaim the site. This section of the main haul road was inadvertently left off the Reclamation Plan Map. If you will make your copies available, I will add this road to them. The oil companies have not specified how deep the oil lines are at this time. They have admitted that no "as built" plans exist for the lines, so it will be necessary to located each line prior to mining in an area. This will also be necessary along the haul route from Sharkeys' Lake to the south side of Highland Lake. I assume they are below the normal frost level which would place them 24 to 36 inches deep. The agreements with the pipeline companies will address this issue and PS&G ENVIRONMENT, INC. PAGE 3 APRIL 4, 2001 will do whatever is necessary to satisfy them. PS&G will commit to not crossing buried gaslines or using roads with gaslines under them as haul routes until a copy of the signed working agreements are submitted to the Division. In leu of the working agreements PS&G may opt to submit crossing and road designs showing how the gaslines will be protected for approval. Nothing in this proposal prevents the landowners, or oil companies from using or improving roads for their use if needed. 4. I respectfully agree to disagree. However, PS&G will apply to the Division if lining ever becomes an option. The inclusion of the term "inert material" in the permit was to protect the operator from enforcement action in the future if any inert material were ever delivered to the site. The plan does not include backfilling slopes with inert material at this time and PS&G understands that a permit revision may be necessary if that change is proposed in the future. 5. Thanks for point this out. To restate the proposed plan only 1 acres will be dewater in each lake area to facilitate the dredges' placement. This is consistent with the Leonard Rice study. PS&G understands any changes to the approved dewatering plan would have to be submitted as a revision. 6. The only inert material that would be used in the pit slopes under the proposed plan would be concrete in sizes larger than a basketball. An exact explanation is shown in the last paragraph of page 12 in the application. This material would be placed as bank armoring at the water line or as fish habi- tat below the water line. On any material placed above the water line the courser material would be in the lower layers and finer material from basketball size to finer base material would be placed in the next layer. The inert material would then be covered with a minimum of 12 inches of growth medium. The definition of inert material is very specific as to what it can be. PS&G does not plan to make this site an inert material depository, large scale recycling facility or land- fill and plans to accept only material from their operations. Each load will be inspected at the scale house as it comes into the mine area and if it does not meet the definition on our notarized affidavit it will be rejected and not allowed on the site. If the load passes the scale house inspection, it will be inspected again after it is dumped and prior to using it for reclamation. Any material that does not meet the definition of "inert material" will be segregated and removed to an acceptable offsite depository. Placement under wet mining conditions is fairly easy, one simply dumps it along the lake and it is dozed into the lake. It will settle to the bottom. The dredge would then be used to pump finer material over it until the prescribed slopes are ENVIRONMENT. INC. PAGE 4 APRIL 4. ZOO l ,r+ reached. Remember PS&G plans to create the slopes as mining progresses to keep the amount of backfilling necessary to a minimum. Only the actual working face would need sloping as explained in Exhibit S so the inert material would be placed before the dredge shaped the slope. In the case of bank armoring the material would be placed after sloping is com- plete. Since dewatering of large areas is not allowed at this time it would not be practical to build slopes with the inert material. 7. I respectfully disagree with your statement that the soils report indicates there is 12" of topsoil on the site. The information presented by Mr. Norman Wells in his letter did not name a specific topsoil depth for the mine site. The supporting data sheets he provided are general soil descrip- tions for the entire county and are not site specific. The soils depth, from site specific observations, was stated on page 12 paragraph 4 of the application and in part states ". . . average salvageable soil depth is 4 to 6 inches " . This was a stated average intended to indicate there where areas with more and less topsoil. For example, most of the circle area in Sharkey's Lake, the Bluffs Lake and the High- lands Lake areas contain little or no topsoil material. The application then noted: "Never-the-less, what soils can be salvaged will be stockpiled in perimeter areas and used in resoiling when final grading is completed. There appears to be more than adequate soils to meet the demand. " As noted in response #6 above, any resoiling to be done on areas where inert material is used as fill will have a minimum of 12 of topsoil placed over a base layer of finer materials. On slopes that do not contain inert material, PS&G will place an average of 6 inches as described in the application. 8. All ditches that are to be mined thru and are internal to the site and do not serve adjacent property owners . 9. I understand this statement and refer you to the discussion in my letter of March 30, 2001 addressing this point. 10 . Attached is a large scale version of this map for your file. There was a mistake in the legend that appeared to show the cross hatched area as you describe. When the map was prepared the background information was toned down so they did not clash with the wetland delineation being shown on the map. The legend was toned down inadvertently when printed and this is corrected on the attached map. I have enclosed, copies of two letters from Mr. Tim Carry of the US Army Corps of Engi- neers clarifying 404 permitting requirement in the first 15 to 20 year of the mine life and addressing the new road location, for the file. The key statement to your request for placing 404 permitting requirements in the permit is "If the reclamation plan re- ENVIRONMENT, INC. PAGE 5 APRIL 4, 2001 quires replacement of wetlands. The proposed reclama- tion plan does not incorporate replacing wetlands at this time since there are no wetland areas in the places where mining will take place over the first 20 plus years. Replacement wetlands, under 404 rules, are not a reclamation project, but are rather a mitigation and reconstruction requirement of a 404 permit. PS&G will follow the jurisdictional agency's rules when and if they remove wetland areas. M.L.R.B. Rules and Regulations do not cover wetland removal methods and mitiga- tion nor can the Division enforce another agency's rules. As I understand it, the Division can only advise an operator that they have to comply with another agency's rules and if they fail to comply, then the Division can take action against them for not complying. But in this case, if PS&G is in compliance with 404 requirements, then the M.L.R.B. has no jurisdiction to require PS&G to include wetland mitigation projects in the reclamation plan. 11. Responses to their comments follow this text. 12 . So noted. I will review your number when we receive them. Memo From Tom Schreiner: 1 . The excavation limits are shown as cross hatched areas on the revised copy of the Mining Plan Map. Due to the scale neces- sary for the map any dimensions would be so small as to be unreadable. The setbacks can be scaled from these maps since they vary and the written text supports or qualifies what the map shows. Placing product, topsoil and overburden (none on this site) locations on this map would at best be a guess and could only be done at the time shown on the map. PS&G has committed to stockpiling topsoil around the perimeter of the mined area within 500 feet of where it is needed. In most cases PS&G will be stripping and resoiling at the same time to avoid moving material twice. In this case, only the topsoil pile adjacent to the Plant site would exist. I request that this requirement be waved since it has been adequately ad- dressed in the application and this text. 8. Platte Sand & Gravel LLC is requesting that the recommendation to minimize impacts during dewatering from the Leonard Rice Consultants letter be incorporated in the mining and reclama- tion plans. PS&G will commit to following the recommendations as the mine develops. Specifically, mining in each dewatering area will begin in early summer so that aquifer dewatering is complete prior to the next irrigation season. Mining in each lake area will be done as far from off site wells as possible and as close to the river as practical for the lake area development. PS&G understands the requirement to submit an additional hydrologic assessment if changes to the dewater plan are necessary. They understand that the Division will determine the permit modification method upon reviewing the ENVIRONMENT. INC. PAGE 6 APRIL 4, 2001 submittal and advises PS&G as to whether the revision should be an amendment or a technical revision. 9. I am still waiting for this information from Kris Pickett of Pickett Engineering and will respond to this request under separate cover as soon as I have the information. 12 . I disagree with this statement. As noted in my response to 10 above, the proposed reclamation plan does not incorporate replacing wetlands at this time since any wetlands that occur around the lake areas will be created voluntarily. Replacing wetlands under 404 rules are not reclamation projects, but is rather a mitigation and reconstruction requirement in a 404 permit. PS&G will follow the jurisdictional agency's rules when and if they remove wetland areas. M.L.R.B. Rules and Regulations do not cover wetland removal methods and mitiga- tion nor can the Division enforce another agency's rules . As I understand it, the Division can only advise an operator that they have to comply with another agency's rules and if they fail to comply, then the Division can take action against them for not complying. But in this case, if PS&G is in compliance with 404 requirements, then the M.L.R.B. has no jurisdiction to require PS&G to include wetland mitigation projects in the reclamation plan. Memo from Alan Sorenson I just received Alans' items and will respond to his memo under separate cover when I address Tom's concerns for item #9 . I hope these responses address the items to your satisfaction. A copy of this response will be placed with the Weld County Clerk of the Board as required. If you have any questions please call me. Sincerely, Environment, Inc ITQc.,-e_ Stevan L. O'Brian President cc Weld County Clerk Platte Sand & Gravel LLC file Krystal Hoffschneider P.O. Box 180 Littleton, CO 80136 (303) 274-4474 April 5, 2001 Ms. Erica Crosby Division of Minerals and Geology 1313 Sherman St. , #215 Denver, CO 80215 Dear Ms. Crosby; RE: Platte Sand & Gravel LLC S&H Mine, Permit # M-2000-158 As owner of the parcel of land over which, the southern 2600 feet of the new access road will cross, I do not want this road removed or downgraded when mining ends at the site. A road this size and of the quality to be built is too valuable to remove or downgrade and will prove valuable to myself and neighbors in the future. Sincerely, Rrystal Hoff jt i. r Signed before me this 5- --rti Day of April, 2001, e %IPNLcoB9 Notary public co( My commission expires /O//B/Zoe/ TA PUBLIC- le, O FC0', ENT DF� °T DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT DENVER REGULATORY OFFICE, 9307 S. PLATTE CANYON ROAD i❑ .* LITTLETON, COLORADO 80128-6901 April 1,2001 Mr. Steve O'Brian Environment,Inc. 7985 Vance Drive, Suite 205A Arvada, CO 80003 RE: Platte Sand & Gravel LLC,Road Construction,Irrigated Wetlands Corps File No.200180011 Dear Mr. O'Brian: Reference is made to a December 28, 2000 site visit by Mr.Terry McKee of this office concerning the above-mentioned project located in the SE '/,of Section 2, Township 3 North, Range 67 West, Weld County,Colorado. The wetlands at this site were created by man induced irrigation and would revert to uplands if the irrigation activity were to be cut off. In that regard,the wetlands are not waters of the U.S. pursuant to Section 404 of the Clean Water Act. This project has been reviewed in accordance with Section 404 of the Clean Water Act under which the U.S. Army Corps of Engineers regulates the discharge of dredged and fill material and any excavation associated with a dredged and fill project in waters of the United States. Waters of the U.S. includes ephemeral,intermittent and perennial streams and their surface connected wetlands and adjacent wetlands and certain lakes and ponds that have a nexus to interstate commerce. Based on the information presented, this project will not require a Department of the Army permit. Although a Department of the Army permit will not be required for this project, this does not eliminate the requirements that other applicable federal, state,tribal, and local permits are obtained if needed. If there are any questions concerning this matter,please call Mr.Terry McKee of this office at 303-979-4120 and reference Corps File No.200180011. Sincerely, Tim. T. , arey Chie , aI Re: .to I ffice tm RECEIVED harrR 03 2001 ENVIRONMENT INC. NT OP 4F DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT ., � 1. DENVER REGULATORY OFFICE, 9307 S. PLATTE CANYON ROAD LITTLETON, COLORADO 80128-6901 April 1,2001 Mr. Steve O'Brian Environment,Inc. 7985 Vance Drive, Suite 205A Arvada,CO 80003 RE: Platte Sand&Gravel LLC Corps File No.200180011 Dear Mr. O'Brian: Reference is made to a December 28,2000 site visit by Mr.Terry McKee of this office concerning the above-mentioned project located in the SE '/4 of Section 35,Township 3 North, Range 67 West,Weld County, Colorado. During Mr.McKee's site visit it was determined that the area to be mined within the next 15 to 20 years is not a wetlands. This project has been reviewed in accordance with Section 404 of the Clean Water Act under which the U.S.Army Corps of Engineers regulates the discharge of dredged and fill material and any excavation associated with a dredged and fill project in waters of the United States. Waters of the U.S. includes ephemeral,intermittent and perennial streams and their surface connected wetlands and adjacent wetlands and certain lakes and ponds that have a nexus to interstate commerce. Based on the information presented, this project will not require a Department of the Army permit. Although a Department of the Army permit will not be required for this project, this does not eliminate the requirements that other applicable federal, state,tribal,and local permits are obtained if needed. If there are any questions concerning this matter,please call Mr.Terry McKee of this office at 303-979-4120 and reference Corps File No.200180011. Sincerely, Tim. + y . C• ey Chief, ■ - ' e• • ory O ice tm RECEIVED APR 03 2001 ENVIRONMENT INC. • • • • r Hi . . .: : .E Ei,viroup,cit,7 , !., , :. ,.) • 1 I I,%le• LARRY E.O'BRI ?AN • 7 FOUNDER ? OI APR -2 PH 4: 01 7985 VANCE DRIVE,SUITE 205 RECEIVED�1 ARVADA,COLORADO 80003 ' iECEIyED 303.423-7297 March 30, 2001 • FAX 303-423-7599 Clerk to the Board Weld Counts Commissioners office 915 10th Street, 3rd Floor Greeley, Colorado 81003 Re: Application for a Mined Land Reclamation Permit Dear Sir/Madera: We are delivering to you here with two adequacy review response packets for the S & B Mine to be operated by Platte Sand & Gravel LLC. This copy of the adequacy review packet is deliv- ered to you pursuant to 34-32 .5-112(9) (a) , Colorado Revised Statutes 1995, as amended. This packet must be kept with the original books for public • review. Until the permit has been approved by the Division. We will contact you once it is and make arrangements to pickup this copy. Please acknowledge receipt of the copy of this packet by signing in the appropriate space provided below and returning one '..Copy of this letter to the person delivering the book: This will be submitted to the Division of Minerals and Geology to prove this packet was delivered to your office: Yours truly, ENVIRONMENT, INC. ... 4. . . Stevan Li O'Brian enclosure. RECEIVED THIS DAY OF • . . . , 2001, one cdpy of an D.M.O. Adequacy review packet for above mine. Weld County Clerk to the foird fy Q • STALE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources Fu-,� {2cc — /7//WO / S C o 1313 Sherman St.,Room 215 Denver,Colorado 80203 DIVISION O F Phone:( (30 868135 67 RECEIVED MINERALS FAX: (3)832-8106 A�p (] GEOLOGY PR 09 2001 RECLAMATION �+r MINING•SAFETY April 3,2001 N�/ t��L --•'�Os NY1 Ll}ji We. Bill Owens Rocky Hoffschneider Governor Platte Sand& Gravel LLC Greg E.Watcher P.O. BOX 180 Executive Director Michael B.Long Littleton,CO 80106 Division Director RE: Platte Sand&Gravel LLC,File No.M-2000-158 S& H Mine 112 New Permit Application Adequacy Review#2 Dear Mr.Hoffschneider, The Division received your adequacy response to the Division's February 22, 2001 letter regarding the new permit application for the S&H Mine,File No. M-2000-158. The Division has a number of remaining items that need to be addressed prior to approval of the application. 1. The applicant provided copies of the return receipt cards for adjoining owners and easement holders of record. Western Mutual Ditch was identified as an adjacent landowner on Map Exhibit C, but a return receipt card was not submitted. Please submit the return receipt card for Western Mutual Ditch. If the applicant failed to notify the ditch company,they must do so and allow a 20-day comment period. If Western Mutual Ditch opts to waive their right to the 20-day comment period, a letter stating this fact would be acceptable. Please be aware that the letter and signature must be notarized. 2. The applicant contends that moving the processing facilities throughout the permit area does not need to be addressed as a revision to the permit. The Division agrees with this statement so long as the processing facility is moved within the designated affected land. If the processing facilities are moved into lands that are designated as"not disturbed,"then a revision to the permit will be necessary. The applicant also states that the cost to remove the facilities do not need to placed in the bond calculation since they will be allowed under the county permit and would be removed as an asset if mining ended prematurely. The Division is required to estimate a cost to reclaim the site to the proposed postmining land use of recreation and wildlife habitat. Such facilities are to be removed to achieve the reclamation plan. The definition of affected land includes "...structures, facilities, equipment, machines, tools or other materials or property which result from or are used in such operations are situated." Regardless of other permits issued by the County, State or Federal Agencies, it is the Division's jurisdiction to hold a reclamation bond in the amount necessary to reclaim the site in the event of permit revocation and bond forfeiture (C.R.S. 34-32.5- 117). In order for the Division to calculate the cost to remove such facilities, the application will need to provide additional information on each of the structures; • Length, width and height • Composition of the facility(concrete,steel, wood,etc...) • Dimension and composition of any and all floors and footings In addition, the operator will need to specify a plan to ensure surface water and groundwater will not be impacted from operations at the Plant Site. 3. The applicant states that on site roads will not be improved unless used as a haul routes, and most of the roads will remain when mining ends to allow access to oil well facilities on the site. Please specify the increase in width of the existing roads. In addition, the improved roads and new roads will need to be downsized to achieve the purpose of the postmining land use of recreation and wildlife habitat. The applicant will need to specify the width of the improved road, the width of the road proposed for reclamation, and the overall length of the roads to be improved and reclaimed. This will be taken into account in the reclamation cost estimate. Please also specify how roads will be improved to ensure that the oil production lines will be protected from use of haul truck and truck traffic. Please specify the depth of oil line below the ground surface and the thickness of road base material to be placed on the roads. 4. The applicant states that if PS&G chooses to seal one of the lakes, fill it with water they purchase/own and use it for recreation it does not change the final reclamation plan. Lakes that are lined either by slurry wall or compacted clay liners for the purpose of storing water does change the end land use to developed water resources. Such change would require an amendment to the permit. Please also be aware that backfilling with inert material and lack of compacted pit slopes may require a greater off set distance for the location of the slurrywall or the need of additional compaction of the backfilled pit. All of these issues will need to be addressed through the amendment process. 5. The applicant states that the area of dewatering will be limited to 5-acres or less in each lake area as far from the permit boundary as possible. The report prepared by LEONARD RICE CONSULTING WATER ENGINEERS, INC. evaluates the potential impacts to nearby wells in terms of lowered water levels resulting from the dewatering of 1-acre pit sites for dredge construction. The operator clarified this discrepancy by letter on March 30, 2001. In addition,the applicant states that LEONARD RICE CONSULTING WATER ENGINEERS, INC. is also working on a long term plan that may involve building and/or installing a water recharge ditch/lake up gradient from the dewatered area that would act as a recharge barrier and allow dewatering on larger areas in the mine. This report will need to be submitted as a revision to the permit. In fact,any dewatering area larger than one acre in size will need to be approved by the Division in the form of a revision to the permit. 6. The applicant provided additional information regarding inert materials that may be hauled into the site and used to reclaim the pit slopes. The Division will need some additional information on the importation of inert fill; • Please specify the size and gradation of the material to be placed in the pit. • The cover material and depth to be placed over the inert material (6" replacement depth as stated in application is not acceptable). • On site controls,monitoring and recording methods to insure that the material is indeed inert material. In addition, the placement of the inert material using heavy equipment does not seem feasible if the area is to be wet mined. Please specify how the inert material will be placed as backfilled material under the current mining conditions to achieve the reclaimed slopes of 2h:1v and 3h:1v 10 feet below and 5 feet above the expected water line. 2 A material can be salvaged from the permit area and used on the reclaimed slopes. This becomes relevant where slopes are backfilled with inert material containing a mixture of dirt, rocks, concrete and asphalt. A more suitable rooting depth Than 6" should be applied. Please commit to a 12" topsoil replacement depth on backfilled and graded slopes above the expected groundwater level. 8. Please clarify to the Division that all ditches that are to be mined through are internal to the property and do not serve an adjacent property owner or infringe on others water rights. 9. The applicant has removed "wildlife habitat" as one of the postmining land used for the site. As per our conversation on March 28, 2001, if the applicant chooses to do this the landowners will need to be renotified and the notice will need to be republished in the paper. All time frames will begin anew. Correspondence dated March 30,2001 left"wildlife habitat"as a postmining land use. 10. The applicant provided at Wetlands Map in the submittal dated March 26, 2001. It is difficult to determine the wetland areas as noted on the legend. According to the legend, Sharkey's Lake and portions of the South Platte River are deemed wetlands. The legend does not denote the crosshatched areas of the map that extend along the majority of the South Platte River. Please clarify. The applicant states that the Division has no jurisdiction over wetlands, and states that it is not practical to incorporate a 404 permit requirements in the Reclamation Plan. As stated above, it is the Division's jurisdiction to ensure that the site is bonded to achieve the final reclamation of the site. If the reclamation plan requires replacement of wetlands, as dictated by the U.S. Army Corps of Engineers,then it needs to be included in the cost estimate. In order to estimate a cost for wetland reestablishment,the wetland mitigation plan must be included in the permit. r 11. Enclosed, please find additional questions and comments from Tom Schreiner and Allen Sorenson with the Division. Please respond to the questions accordingly. 12. The Division is in the process of finalizing the reclamation cost estimate. Once the estimate is complete,the applicant will be notified under separate cover. The Division's decision due date was extended by the applicant to April 6, 2001. Please respond to these concerns prior to this date. If you have any questions,please do not hesitate to call me at 303-866-4943. Sinc ly, Erica Crosby Environmental Protection ecialist Enclosure(s) cc: Carl Mount;DMG Stevan O'Brian;Environment,Inc. w/enclosure Marty Block;Xcel Energy w/enclosure Michael Decker w/enclosure Michael Ptasnik iv/enclosure Bruce Rippe w/enclosure 3 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St.,Room 215 Denver,Colorado 80203 EDIVISION Phone:(303)866-3567 FAX:(303)832-8106Date : Apri13, 2001 To : Erica Crosby, Carl Mount Bill Owens /� Governor From : Tom Schreiner /l�' Greg E. e Direct Executive Director Michael B.Long Division Director RE: S & H Mine 112 Application, Platte Sand & Gravel LLC, File No. M-2000-158 2nd Hydrologic Adequacy Review I have reviewed the objector's March 9, 2001 comments and the applicant's March 27, 2001 adequacy review comments. The items listed below are outstanding hydrologic concerns that will require either clarification or additional information from the applicant. I recommend that these concerns be resolved to the satisfaction of the Division prior to a recommendation of approval. 6.4.3 EXHIBIT C - Pre-Mining & Mining Plan Map(s) of Affected Lands 1. In conformance with Rule 6.4.3(d), the Division requests that the mine plan map be revised to show the limits of excavation (if other than the affected.land boundary) and the proposed setbacks from the South Platte River and the Western Mutual Ditch. In addition, the approximate location and orientation of any product, overburden, or topsoil stockpiles (if located in areas away from the processing area) should also be noted. Please address. 6.4.7 EXHIBIT G - Water Information 8. The applicant has provided a hydrologic analysis (prepared by Leonard Rice Consulting Water Engineers, Inc.) including a predicted cone of depression for 1-acre areas to be dewatered and dry mined during the life of the operation. The hydrologic assessment indicates that there will be minimal impacts to offsite wells located within 600 feet of the affected land. The hydrologic assessment also provides specific recommendations for the applicant which will help ensure minimization of possible impacts to other ground water users. The Division agrees with the dewatering results predicted by LRCWE and the recommendations for minimization of possible impacts. Accordingly, the Division will be in favor of approval of this application provided the applicant will commit to or incorporate the parameters of the LRCWE analysis into their mining and reclamation plan. Also, the Division requests that the applicant clarify whether they will incorporate the recommendations for minimizing impacts during dewatering into their mining and reclamation plan. Finally, in the event that the applicant wishes to dewater areas larger than 1-acre and/or deeper than 25 feet below the ground surface, the Division will require a modification to the permit which includes a hydrologic assessment of the potential impacts and mitigation measures to be employed, as necessary. The Division will evaluate (at the time of submittal) whether the permit modification should be processed as a technical revision or a permit amendment. • 9. Due to the close proximity of the S & H Mine to the South Platte River and the length of time projected for mining and reclamation (100+ years), it is likely that disturbed areas within the permit area will experience a significant flood event several or more times throughout the life of mine. Accordingly, the Division requests that the applicant clarify the flood elevation and peak flow velocity expected a "worst case" flooding event and specific measures that the operator will implement to minimize the potential for any offsite impacts. Mitigation measures might include mining dry pit slopes at a maximum of 1:1, installation of flood control spillways within the reclaimed lakes, installation of drainage pipes within the internal berms separating pits and/or reclaimed lakes, armoring internal berms separating pits and/or reclaimed lakes, or armoring reclaimed pit slopes in close proximity to the South Platte River with erosion control riprap. Please address. 6.4.13 EXHIBIT M - Other Permits & Licenses 12. In the event that a 404 or other permit is required by the Army Corps of Engineers (either now or in the future), the Division requests that the applicant review the terms and conditions of the permit. If such terms and conditions require wetlands mitigation, wetlands construction, or wetlands enhancement within the permit boundary for M-2000-158, then the plans and costs for such mitigation, construction, or enhancement will need to be incorporated into the reclamation plan. This may be accomplished via a technical revision to the mining and reclamation permit. Please comment. IVIemo To: Erica Crosby From:Allen Sorenson 4-5 CC: Carl Mount, Tom Schreiner Date: 04/04/01 Re: Adequacy Responses, S&H Mine, Platte Valley Sand & Gravel, File No. M-2000-158 I have reviewed responses numbered 25-27 and 38 in the Applicant's letter and attachments dated March 26, 2001. The Applicant's response number 38 satisfies the Division's concern with mining setbacks to structures including gas lines and wells. Response number 27, relating to the alignment of temporary overburden and topsoil stockpiles, is also satisfactory. Additional clarification or commitments related to responses numbered.25 and 26 will be required for the Division to recommend approval of the application. Response no. 25: The Division was not concerned that the operation of the pit will increase floodwater surface elevations in the floodway and floodplain, and agrees with the Applicant's analysis that potential floodwater elevations will actually decrease as the pit is mined out. The Division's concern is with the potential for the high velocity flows of the main stem of the river to be diverted through the pits because of floodwaters down cutting the land separating the pits from the river and land separating the pits from each other. Land that separates the pits from the river, whether that land is built up through placement of fill or is simply native, in situ ground that is left intact, is referred to as a "riverside berm." Riverside berrns are further discussed below. Ground that is left intact or built up using fill between pits, and generally athwart of the anticipated direction of potential flood flows, are called "lateral berms." The Applicant states that there will be no placement of fill in the construction of lateral berms. However, the beans comprised of native material left in place between pits are similarly subject to differential head and down cutting during a flood. This can lead to a number of potential problems including sequential, progressive failure of lateral berms in a downstream direction, temporary or permanent diversion of the main stem through down cut channels in failed riverside and lateral berms and through the pits so linked, and damage to the pipelines that are carried in the berms. If any lateral beans are to be left within 400 feet of the top of the bank of the river, the Applicant must install structures to equalize hydraulic head on r • Page 1 either side of the berms during a flood, or provide a demonstration that anticipated differential head will not cause down cutting. The structures to be installed may be designed based on site specific conditions determined through the floodplain analysis currently being conducted, or may be installed in accordance with the general designs and specifications included in the `Technical Review Guidelines for Gravel Mining Activities," Urban Drainage and Flood Control District, December 1987. (The Division recognizes that the proposed S&H Pit is outside of the District, but that does not invalidate the technical aspects of the guidance). In either case, a stipulation or commitment should be included in the permit that lateral berms will not be constructed or left in the mined or reclaimed area unless they are at least 400 feet from the top of the riverbank or unless the Division has approved a design for stabilization and collected appropriate bond to assure that stabilization measures will be completed. Response no. 26: The Division supports the Applicant's commitment to maintain a 400 foot mining setback from the top of the riverbank in all areas were armoring of the riverside berm is not in place or will not be installed. The Division further concurs with the Applicant that mining within 250 feet of the riverbank can proceed with appropriate armoring of the riverside bank of the berm, and within 150 feet where appropriate armoring of both the riverside and pitside banks of the berm is installed. However, the application remains ambiguous as to the nature of the armoring to be installed. A stipulation or commitment should be included in the permit that riverside berms will not be constructed or left in the mined or reclaimed area unless they are at least 400 feet wide (from the top of the riverbank to the top of the pit bank) or unless the Division has approved a design for armoring and collected appropriate bond to assure that stabilization measures will be completed. Again, the Urban Drainage and Flood Control guidance includes general designs and specifications for riverside berm stabilization that would be acceptable to the Division. m:Min\aca\S&H Mine2.doc • Page 2 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St.,Room 215 Denver,Colorado 80203 D I V I S I O N O F Phone:(303)866-3567 MINERALS' FAX:(303)832-8106 & GEOLOGY RECLAMATION April 3, 2001 MINING•SAFETY Rocky Hoffschneider;Platte Sand& Gravel LLC Bill Owens Governor Formal Objectors and other Parties Greg E.Walther All Other Interested Persons Executive Director Michael B.Long RE: Platte Sand& Gravel LLC,File No.M-2000-158 Division Director S & H Mine New 112 Mining and Reclamation Permit Extension of Decision Recommendation To Whom It May Concern: Platte Sand& Gravel LLC extended the Division's decision due date to April 6, 2001 for the S & H Mine 112 New Permit Application,File No. M-2000-158. To date,all other meeting dates have not changed. Please be aware that the applicant's response to the Division's adequacy letter of February 22,2001 is posted at the Weld County Clerk and Recorders Office. In addition,prior to the Pre-Hearing Conference the Division will be sending out a document that includes the Division's recommendation and rationale to approve the application,approve the application with conditions,or deny the application. If you have any questions,please do not hesitate to call me at 303-866-4943. Sinc ly, Slab • Erica rosby Environmental Protectio pecialist cc: Stevan O'Brian-Environment Inc. Eipeirouwent,- luc. LARRY E.O'BRIAN 7985 VANCE DRIVE,SUITE 205A FOUNDER ARVADA,COLORADO 80003 • 303-423-7297 FAX 303-423-7599 March 30, 2001 Ms. Erica Crosby RECEIVED Division of Minerals and Geology MAR 3 O 2001 1313 Sherman St. , #`215 Denver, CO 80215 Division of Minerals and Geology Dear Erica; RE: Platte Sand & Gravel LLC S&H Mine, Permit / M-2000-158 This will serve to address the letter the Division received on March 19, 2001 from the Platte Valley SCD. I note that the Division received the document nearly 33 days after the public comment period ended. If my memory serves me right, the Platte Valley SCD was advised in a notice they received on December 23, . 2000 that they had the same comment period as everyone else and still failed to follow the rules, I feel it is very important to make sure all interested parties follow the rules laid out in the • law, even the SCD. Since they do not appear on the "PARTY TO THE CASE" list their comments would not be addressed, normally. Platte Sand & Gravel LLC has asked me to respond to this as a courtesy to the local SCD office, but I feel the above comments had to be made to keep the record straight. „After reading their comments I find that many of the items would have been very useful when I was preparing the permit. I have accepted some of their suggestions and made some of the corrections they pointed out. On behalf of our client Platte Sand & Gravel LLC (PS&G) , I will respond to the Platte Valley SCD letter in the order pre- sented. We wish to thank the SCD Board for the time they took to review the permit. • Soilsahnitation. - This is not a. Division of Minerals and Geology issue. It would be addressed if there were engineered foundations for permanent structures on the site. For Septic - The same soils data was presented by the NRCS in their report and this information is repetitive.` Prior to building a septic system for this facility PS&G will have to have it designed and approved by the Weld County Health Dept. The engineers hired to design a septic system will have to take into account the soils ENVIRONMENT, INC. PAGE 2 MARCH 26, 2001 . .,. types on the site. This is a county issue that will be address with the County Health Department. For Small Commercial Buildings. - Again PS&G would have to engineer the building foundations tp the soils where they would be built. This will be addressed with County Building Department and Engineering. staff. Prime Farm Land - We concur, this was the same., assessment Mr. Norm Wells had in the SACS letter. Soil Erosion Potential - 1. Mr. Gary Cole, the ranch manager for Tom Sharkey, has been working with Ron Broda since Mr. Sharkey purchased the property in early 2000. Mr. Cole and Mr. Broda have worked closely together to prepare a plan and control the problem weeds on the property. Weed control was sadly neglected on the ranch in the years proceeding Mr. Sharkey's purchase. Attached is a copy of the weed control plan for your file. For your information during summer and fall of 2000 the ranch was used as a test site for controlling various noxious weed in cooperation with the Weld County Weed Management Specialist. Mr. Sharkey is committed to controlling the undesirable weeds on the ranch and mining area as it develops. 2. PS&G will not change the sloping plan at this time. 3.H This appears to have been a typo on our part. The correct nomenclature should be.as they suggested Phospho- rus (P2O5) . This should be corrected on page 14 of the ' application. 4. Thank you for the suggestion, as 'we noted on page 14 . in the application PS&G would do soil tests and apply fertilizer as needed. When the soils test is done, PS&G. will request the lab test for salt and adjust the seed mixture accordingly. The Division will be supplied with the information and a change to the seedmix will be done as required. 5. So noted, seeding times are now November 1 to April 30 as suggested. Attached i0; 24 revised SEEDING TIME statement for page 14 of the application. 6. No mulch will be used in the reclamation plan. PS&G is aware that they have to make the grass grow and that mulch may help, I have had some negative results with mulch and prefer to, react to site specific conditions when planting is done. Inter-seeding with a cover crop • ENVIRONMENT, INC. PAGE MARCH 20, 2001 'can also prove useful but until the actual seeding is done PS&G Would prefer to not be confined to using mulch. 7. The use of Crested .Wheatgrass for the cover crop is acceptable. However, it is not practical to drill the seed on topsoil piles. The heavier seed rate is used to enhance the grass growth on the piles, and while may be excessive the nature of topsoil piles makes it easer to accomplish adequate seed cover with the heaver applica- tion rate. Please substitute the words Crested Wheatgrass fpr Western Wheatgrass on page 17 of the . application book. Other - This issue has been dealt with.. We have a letter from the Platteville Historical Society showing they are not concerned since Mr. Sharkey will be working with them to preserve the site. The Division received a copy of the letter in the March 27 adequacy response letter. I hope these responses address the SCD letter to your satisfaction. I will place a copy of this response with the Weld County Clerk of the Board as required. I you have any questions please call me. Sincerely, Environment, Inc Stevan L, O'Brian President . cc Weld County Clerk Platte Sand & Gravel LLC file • Platte Sand & Gravel LLC S&H Mine - Permit #M-2000-158 Addendum and revision to page 14 of original application. SEEDING TIME The grass seed mixture will be planted between November 1 and April 30 for any given year. It will be planted after the first freeze (about the time Winterwheat is planted) . According to the Platte Valley Soil Conservation District says this will assure that the seed will remain dormant until the spring growing season. If spring planting is convenient, it will be done in no later than April 30, so it would have time to mature before weeds begin to compete for moisture. The time of planting will be controlled by when the seedbed areas are ready for planting. Landowner Management Plan 1. Name Tom Sharkey Gary Cole,Forman Address 15430 Copperfield Dr. City, State and Zip Colorado Springs, CO 80921 2. Legal Description Parcel Number 2 , 26, 34, 35, 3. Brief description of land and current use(s). Grass and Alfalfa hay and pasture. 4. Future plans for the land. Keeping as hay and pastupe ground . Some of the pasture land will be mined for gravel . 5. Description of weed infestation. (Answer B or C) A. Weed Species. B. Acres Infested. C. Percent Infested Canada Thistle 60 6% Musk Thistle 10 3% Scotch Thistle 5 2% Leafy Spurge 25 10% D. Specific location of infestation(s) on land. (Wetland, along ditch, fence line, etc.) In the trees along the river, roads,ditchs,pasture edges and fence row.. r 6. Management Plan A. Techniques I will use to keep the noxious weeds from going to seed, that will also reduce infestation. Mechanical Control and Chemical Control . Mowing in the bud stage and spraying at proper times in the spring, summer and fall using $anvel , Plateu,Oajis ,Tordon , ?-4-d Weld county will be seting up test plots using new sprays and trying new applicators . l3. Implementation schedule. We will take up where we left off last fall,as soon as the plants are in the best mowing stage and the spraying the same . C. Anticipated length of implementation (years). Four to five years . Landowner Signature', Date: O-%O- 0 L_ �NcH my,vy9�2 Landowner Management Plan 1. Name Tom Sharkey Gary Cole,Forman Address 15430 Copperfield Dr. City, State and Zip Colorado Springs, CO 80921 2. Legal Description Parcel Number 2, 26, 34, 35, 3. Brief description of land and current use(s). Grass and Alfalfa hay and pasture. 4. Future plans for the land. Keeping as hay and pasture ground . Some of the pasture land will be mined for gravel. 5. Description of weed infestation. (Answer B or C) A. Weed Species. B. Acres Infested. C. Percent Infested Canada Thistle 60 6% Musk Thistle 10 3% Scotch Thistle 5 2% Leafy Spurge 25 10% D. Specific location of infestation(s) on land. (Wetland, along ditch, fence line, etc.) In the trees along the river,roads,ditchs,pasture edges and fence row,. ^ 6. Management Plan A. Techniques I will use to keep the noxious weeds from going to seed,that will also reduce infestation. Mechanical Control and Chemical C0ntrol . Mowing in the bud stage and spraying at proper times in the spring, summet and fall using >Ianvel ,Plateu,0ajis ,Tordon, 2-4-d Weld county will be seting up test plots using new sprays and trying new applicators. B. Implementation schedule. We will take up where we left off last fall ,as soon as the plants are in the best mowing stage and the spraying the same. r C. Anticipated length of implementation (years). Four to five years. Landowner Signature i�S�S ignature 0NcN AJAevip5,2 - ^ STATE OF COLORADO r DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St.,Room 215 Denver,Colorado 80203 nINERALS Phone:(303)866-3567 FAX:(303)832-8106 March 19, 2001 Bill Owens Governor Greg E.Watcher Rocky Hoffschneider Executive Director Platte Sand & Gravel LLC Michael B.Long P.O. BOX 180 Division Director Littleton, CO 80106 RE: Platte Sand & Gravel LLC, File No. M-2000-158 S & H Mine 112 New Permit Application Comments from Platte Valley Soil Conservation District Dear Mr. Hoffschneider, On March 19, 2001, the Division received additional comments from the Platte Valley Soil Conservation District regarding the S & H Mine, File No. M-2000-158. Please address the concerns of the District, specifically, issues regarding soil erosion potential. If you have any questions, please do not hesitate to call. Sincerely, LS . Erica Crosby Environmental Protection Specialist Enclosure(s) cc: Carl Mount; DMG Stevan O'Brian; Environment, Inc. w/enclosures CSC, Platte Valley Soil Conservation District 57 West Bromley Lane -Brighton.CO 80601 - Phone(303)659-7004 March 9, tool RECEIVED PERMIT NUMBER: M-2000-I58 MAR 19 2001 PROJECT: S & H Mine New 112 Mining and Reclamation Permit Division of Minerals and Geology PLANNER: Erica Crosby NRCS REPESENTATIVE: Andrea Leonard, Soil Conservationist In consultation with the Natural Resources Conservation Service (NRCS), we have reviewed the above referenced case and have the following comments (these comments were also sent to the Weld County Department of Planning Services): SOILS/LIMITATIONS: The application did not address the kinds or buildings or waste disposal needed for this facility. Below is a summary of the soil limitations that could be encountered if this land is developed: For Septic Systems: The Altvan loam 0%to 1%slopes, and Aquolls and Aquents gravelly susbstratum have severe limitations because of slow percolation. The Colby loam 3% to 5% slopes, Haverson loam 0% to 1% slopes, Kim loam 1%to 3% slopes, Kim loam 5%to 9% slopes, Weld loam 1%to 3% slopes and Wiley-Colby complex 1%to 3% slopes have moderate limitations because of slow percolation. The Altvan loam 0%to 3% slopes, Bankard sandy loam 0%to 3% slopes, Cascajo gravelly sandy loam 5%to 20% slopes, Dacono clay loam 0%to I% slopes have severe limitations because of poor filter materials. The Aquolls and Aquents gravelly susbstratum have severe limitations because of flooding and wetness. The Haverson loam 0%to 1% slopes have moderate limitations because of flooding. The Nelson fine sandy loam 3%to 9% slopes and Tassel fine sandy loam 5%to 20%slopes have severe limitations because of shallow depth to bedrock. For Small Commercial Buildings: The Aquolls and Aquents gravelly susbstratum have severe limitations because of flooding and wetness. The Bankard sandy loam 0% to 3% slopes and the Haverson loam 0%to 1%slopes have severe limitations because of flooding. The Cascajo gravelly sandy loam 5%to 20% slopes, and the Tassel fine sandy loam 5%to 20%slopes have severe limitations because of potentially steep slopes. The Colby loam 3% to 5% slopes, Kim loam 5%to 9% slopes, and the Nelson fine sandy loam 3%to 9% slopes have moderate limitations because of potentially steep slopes. The Weld loam 1% to 3% slopes and Wiley-Colby complex 1%to 3%slopes have moderate limitations because of the shrink-swell potential of these soils. PRIME FARMLANDS: This land is not considered prime farmland. r -�. CONSERVATION-DEVELOPMENT-SELF-GOVERNMENT SOIL EROSION POTENTIAL: Most of the soil covered by this application is considered highly erodible and should be protected. Mining or construction on this soil should be planned so as to disturb as little soil as possible and measures should be taken to prevent soil movement offsite. Please see the attached revegetation plan developed by Norm Wells last May. We would recommend the following additions/changes to the revegetation plan sent in the application package: 1. The applicant needs to contact Ron Broda, Vegetation Weed Management Specialist with the Weld County Public Works Department at(970) 356-4000 X 3770 to develop a weed management plan. A weed management plan developed in concurrence with Weld county is recommended as a means of controlling noxious and other weeds. The application mentions weed control but did not specify the source of its planning information. 2. The application specifies reclaimed perimeter slopes to be restored to 3 feet horizontal to 1 foot vertical. Slopes steeper than 4 feet horizontal to 1 foot vertical cannot be seeded with a grass drill which will provide the best chance for stand establishment. We recommend that the applicant revise the revegetation plan to include perimeter slopes at 4:1 or shallower. 3. The application mentions applying 40 pounds per acre Potassium(P2O5) if a soil test reveals a need for additional fertilizer. Potassium(P2O5) should be replaced with Phosphorus (P2O5). 4. We recommend that the applicant test the soil for salinity (electroconductivity) in addition to fertilizer requirements. This area has an abundance of salt tolerant vegetation growing on it which indicates a potentially saline soil. If the soil is high in salts it may be necessary to plant salt tolerant grasses which will change the grass mix recommended by the NRCS. 5. It is not recommended that the applicant perform fall seeding prior to November 1. Seeding before soil temperature drops below what is needed for germination may enable the seed to break dormancy and begin growth. There is not enough time between September and the first hard frost for the grass to become established enough to survive the winter. We also recommend that planting not occur after April 30. Seed planted later in the spring and summer will not have matured enough to compete with weeds for moisture by the time soil water becomes scarce and the weather turns hot. Planting should occur between November 1 and April 30 into unfrozen soil. 6. No mention was made in the application as to how the new grass seeding would be protected from erosion. Weed cover will protect the ground from eroding but will not allow the grass to germinate because weeds are better competitors than grass seedlings for soil moisture. We recommend that the applicant follow the recommendations for mulching sent by the NRCS (see attached). 7. The application mentioned that topsoil stockpiles would be protected from soil erosion by seeding them with two pounds per 100 square feet Western wheatgrass seed. Western wheatgrass is an excellent native grass with high wildlife value but is not the best species for temporary cover. We recommend that the applicant plant 5 pounds pure live seed per acre Crested wheatgrass `Ephraim' using a grass drill, or twice that amount if the seed is broadcast. Crested wheatgrass grows much faster than Western wheatgrass and will provide better erosion control. O 1'HER: The Old Fort Saint Vrain Ruins, a potential cultural resource, are located on this property. The State Historical Preservation Officer should be contacted regarding the value of this site and how it should be protected from mining activities. The District welcomes the opportunity to review and comment on proposals such as this. Conservation and wise use of out natural resources are foremost in our goals and objectives. We look forward to working with you in the future. If you or the applicant should have any questions,please feel free to contact the NRCS representative at 303-659- 4177. Sincerely, C , lam `.'" District Board of Supervisors r /'". Enviroi,ri, eót, LARRY E.O'BRIAN FOUNDER 7985 VANCE DRIVE,SUITE 205A ARVADA,COLORADO 80003 303-423-7297 _ - FAX 303-423-7599 March 30, 2001 Ms: Erica Crosby DECEIVED Division of Minerals and. Geology MAR 3 0 2001 1313 Sherman St. , #215 Denver, co 80215 fliwisfon of Minerals and Geolo9Y Dear Erica; RE: Platte Sand & Gravel LLC S&H Mine, Permit # M-2000-188 The following responses have been changed to correct or redefine the answers presented in the March 26, 2001. adequacy response. Thanks for pointing out the problems and suggested changes so we can keep this going. As before I an responding for my client Platte Sand & Gravel LLC. 1. PS&G cannot predict the exact areas where dewatering may take place in each area. At this time the plans are to dewater a very small area in each lake area. . This will create an area where the dredge can" be set and/or built on the floor of the excavation. Once the setup is complete the pumps would be shutoff and the excavation would refill, floating the dredge so mining could resume The area of dewatering will be limited to one (1) acre or less_in each lake area "as far from the permit boundary as possible. The depth mined' would be limited to 15 ' feet below the static water level or less, to reduce the impacts to surrounding wells. The dewatering period on each small area may extend up a year to allow time to remove the gravel from the hole and setup the dredge. Rule 6.4.8 Exhibit H- Wildlife Information , 28. First I want to thank the Division of Wildlife (DOW) for the comprehensive reports they have prepared.' Their information has been Very helpful in determining the wildlife issues on the site. The undisturbed areas along the river are desig- nated wildlife habitat and the reclaimed areas around the lakes are the proposed recreation areas. However, the operator will not change the sloping plan or the seedmix at this time since ' the wildlife areas will not be disturbed. 20. Very few trees or shrubs will be removed by mining and none will be removed by the operator in the wildlife habitat areas. iNVIRoNMENt, INC. - - PAGE 2 MARCH 30, 2001 • When planning this mine the actively farmed areas were specifically chosen "as mining areas to avoid disturbing the old trees along the river. The operator appreciates DOW's suggestions but chooses to keep the plan as described in this permit application. No trees will be replaced as part of the plan,. BUT the landowners may wish to plant additional vegeta- tion along the lake perimeters in the future. Also, no islands will be built since they would create hazards to boats using the lakes. Please disregard the answers I provided for item numbers 11, 28 & 29, in the original letter and use these responses in their place. I will place a copy of this response with the Weld County Clerk of the Board as required. If you have any questions please call me. Sincerely, Environment, Inc Stevan L. O'Brian President cc Weld County. Clerk Platte Sand & Gravel LLC file • • {x, i ' ' c 4 ' - } m ^ i�f A:u i N. ,. .. . ros, . e .... J;:::,:;JI . I), 'h LARRY 8,-Cr RAN Li ...?,,,e,'"- - r-oL1N7FR '� - 7fIBS VANCE.DRIVE, ..... -I.. ARVADA,COLORAus rr x• Rt Cr ` rT , ^, i �U C;.:.e7 303-423-721 ' -c FAX 303-4281544 March 26, 2.00x. '�.• xti. Clerk to the Roaa.t'c3 , ', Weld county Cci tieeX tier's Office 6f3 ;%! 915 10th Strew,. "',3tct Moor 'f Greeley, Colota4 U10b3 ' x.-..T,- - --c4'; Res App1i'e ton" Lot a Mined t rF °,:r Land 0( cietaati:on Permit tx: ,----.5";,(7," Pear Sir/Madams ,. *, We are dex,ive3 Lnq to you here with a •a.°dog soy review re- .4t. aponse packet far ,the S & it Mine to be o,rgrat a by Platte Sand A •,:. ^ Gravel LLC. T1'tju� Cs oy of the- adegdacy re-V packet is delivered : to you pursuant ,'to- 9'4 -32 .5-112(9) (,a) , CO10 edo ,.Revised- Statutes: .- 1'.:* 1995, as amend(0•. .,:t: ..',:` tier. : This packatf' (avast• be kept with the citi4isizi book, for pubx;i4 " review' until the et S t has been appr�ovard 'by i"he Division. Wr. ,y , will contact yr 41,* it IS and make arx.'apgeme?kts to pickup thiSc ',_ jcrspy. �.t-tt Please acx hy) ledge•'receipt p•f • 'the •cop :, of ,this packet by . r rs,i,gninr� in the r gap;iate epm a• pr0V'tde.4 belt t and returning one ii; . : copy of thin 1ett > tt the pereen delive.rin' t-he book. This will be submitted to + Vi:frieion of Mineralts ;an t eology to prove ^ `t ' this packet was " Weted to your "of.t3 r eT `, ' • ,,. Yours truly, ;'' ENVIRONMENT, I} " ` - Stevan L. O'8rj. i.a . . . • ; ``• enclosure � RECFI 't , � ..—...., ,.1; one . 4•: • Vc 41� DAY OF `: ` copy of n ba10,o, ,Adequacy:review packet tai a ;vs mine. ti• x: Weld County Clerk to the $onS - t;.• Y p ry ...,,,:p.,,,v. ^F xy i , • -- Envircnweut, I c. LARRY E.O'BRIAN 7985 VANCE DRIVE,SUITE 205A FOUNDER ARVADA,COLORADO 80003 303-423-7297 FAX 303-423-7599 March 26, 2001 Ms. Erica Crosby Division of Minerals and Geology 1313 Sherman St. , #215 RECEIVEDDenver, CO 80215 MAR 2 7 2001 Dear Erica; Division of Minerals and Geology RE: Platte Sand & Gravel LLC S&H Mine, Permit # M-2000-158 On behalf of our client Platte Sand & Gravel LLC (PS&G) , I will respond to your February 22, 2001 adequacy letter in the order and number format presented in that document. I have also addressed the three items in the March 8th letter in this response. You may not be aware that Tom Sharkey (majority land owner) is the President of Platte Sand & Gravel LLC and Krystal Hoffschneider (second land owner) is the Vice President, so some of our answers are based on this information. 1 . Attached is a copy of the Proof of Publication for this operation. 'Also, attached are copies of the return receipt cards for adjoining owners and easement holders of record. In three cases the adjoining owner did not pickup their letter so a copy of the returned unopened envelope is enclosed. Rule 6.4.5 Exhibit C-! Mining Plan Map 2 . This map was revised as you suggested. The scale makes it hard to distinguish various lines showing mined areas' and size of operation stages. the hatched areas show the limits of mining in each area. These represent the setbacks proposed, assuming the necessary clearances are obtained from the owners, for structures not owned by the company or principals in the company. - These may change as PS&G works with the oil & gas companies and ditch company. Rule 6.4.4 Exhibit D-Mining Plan 3. So noted. As the mine develops, minor changes due to irregu- larities in the land, and how an area has developed would be noted in the annual report. PS&G realizes, that if the : CoY .FY - • ENVIRONMENT, INC. ,PAGE 2 MARCH 26, 2001 reclamation plan is changed, they will have to address it with the Division and file the necessary documents. 4. You are correct, therefore the 394.16 will be changed to 408.29. The timetables on pages 10 and 18 were also checked and they are correct. The numbers on the Reclamation Map are for the entire size of each lake area. This is the normal procedure when dealing with staged operations. 5. Platte Sand and Gravel will mine a small part of the Highlands Lake Area that has a terrace deposit of gravel. No ground water will be exposed in this area until we return later and mine the entire area. As explained in the second paragraph on page 7 of the application, PS&G will only level the bench off during the initial mining in this area. By leveling this area off at the surrounding ground level PS&G will stay approxi- mately 6 feet above the ground water level. The cross sections on Adequacy Exhibit 1 shows how this will look. Later the entire area will be mined and a lake as shown on Map Exhibit F - Reclamation Plan Map will be created. 6. Mining depths will vary between 45 and 60 feet. The nature of the surface gravel deposit in this area varies that much. A conservative depth of 45 feet was used to estimate the mines life and that depth was used on the Reclamation Plan Map, it is important to remember that state law encourages PS&G to maximize extraction of the gravel and sand from the site. To do this they may mine more than 60 feet if it is feasible when they encounter the deeper areas. Underlaying the gravel is a gray/black shale of undetermined depth. 7 . No structures exist in the shop area at this time. Mr. Sharkey has said that he would build a temporary shop building on the area that would be used to service ranch equipment and could be used by the mine operation as well. Since the property is zoned Agriculture he can build the building under the Weld County Use by Special Review permit and will only need the necessary building permits from Weld County. The division has no jurisdiction on his private rights to build a shop and PS&G respectfully submits that the information you request is unnecessary. 8. It was stated very clearly that the Plant Site would be used for auxiliary uses including the three plants noted. Since it was noted that the Plant Site may move from area to area, needing to revise the permit to allow this is unnecessary. It is part of the flexibility built into the overall plan. These plants will be allowed uses under our county permit and the necessary permit to install them will be applied for. Until the Plants are installed, their exact location in the Plant Site is unknown. The sketch plat of the Plant Site area on Adequacy Exhibit 2 is attached so the Division can see how they will relate to each other. The reason a "Plant Site" is ENVIRONMENT, INC. - PAGE 3 MARCH 26, 2001 designated was to give the operator the flexibility to place various processing plants in it, in unspecified locations. We will keep that flexibility and state again that the Plant Site may contain but is not limited to gravel processing equipment, gravel stockpiles, an asphalt batch plant, a concrete batch plant and/or a concrete casting facility. Processing plants do not need to be placed in the bond calculation since they will be allowed under our county permit and would be removed as an asset if mining ended prematurely. All necessary permits needed from other government agencies that apply to these plants will be obtained before operating them. 9. All roads used by this operation will be contained on site or are county roads. The on site roads will not be improved unless used as a haul routes and in that case they will be maintained regularly and graveled to keep dust down. Most of these roads will remain when mining ends to allow access to oil well facilities on the site. Existing roads vary from 12 to 25 feet wide depending on their use. The new access road will be constructed from the southeast corner of the site to the Plant Site in the approximate location shown on the mining plan map. This road will be up to county standards, probably 50 feet wide with a gravel surface. Drainage ditches will be along each side to collect any runoff and channel it to drainages that cross the site now. As stated in the appli- r. cation, no water that comes in contact with disturbed areas will leave the site unless it is allowed under our discharge permit. 10. So noted. This was an advisory statement to make all inter- ested parties understand that changes to the end use may happen. This keeps someone in the future from saying they were never told the possibility existed. I might point out that if PS&G chooses to seal one of the lakes, fill it with water they purchase/own and use it for recreation is does not change the final reclamation plan. 11. At this time PS&G cannot predict the exact areas where dewatering may take place in each area. At this time the plans are to dewater a very small area in each lake area. This will create an area where the dredge can be set and/or built on the floor of the excavation. Once the setup is complete the pumps would be shutoff and the excavation would refill, floating the dredge so mining could resume. The area of dewatering will be limited 5 acre or less in each lake area as far from the permit boundary as possible. The depth mined would be limited to 15 feet below the static water level or less, to reduce the impacts to surrounding wells. The dewatering period on each small area may extend up a year to allow time to remove the gravel from the hole and setup the dredge. r - ' ENVIRONMENT, INC. PAGE 4 MARCH 26, 2001 Leonard Rice Consulting Water Engineers (LRCWE) was retained to prepare an analysis on the impacts that might be expected using this plan, the report is attached for your review. They are also working on a long term plan that may involve building and/or installing a water recharge ditch/lake up gradient from the dewatered area that would act as a recharge barrier between the excavation and adjoining wells. This would allow dewatering on larger areas in the mine. This method has been used by Weld County Highway Department in their pits to offset possible off site impacts. The analysis will include all the necessary technical information to show it will have little or no impact to surrounding water structures. As soon as LRCWE has the analysis complete it will be submitted to the Division for review. PS&G will commit to not dewatering areas larger than 5 acres until a proper analysis showing that dewater will not have a significant impact on adjacent wells. An interest- ing fact is that if the total area proposed in each area was added up and divide it by the total mined area PS&G will have only dewatered 1.08% of the entire area under this plan. 12 . Desilting ponds will be built in the plant site area and consist of two ponds, the primary pond will accept water from the processing plant and the secondary pond will accept water from the primary pond. The ponds will intersect the watertable and will be unlined. Once they fill, the silt will infiltrate the gravel strata an affectively seal them. They will be cleaned as needed and the silt will be used by the operator as needed. Water will be pumped from the main lake area to the processing plant and the clean water from the secondary pond will return to the excavation area. Adequacy Exhibit 3 show a typical siltation collection facility, but until the plant is actually set up, we do not know where the ponds will be located. They will be contained in the Plant Site area. Since each plant site will be mined the ponds would be removed by mining at that time. If they were left as a result of premature stoppage the above water areas would be reclaimed using the methods described in the reclamation plan. The fines would settle out and the clean water would reenter the main lake. No special actions will be necessary during dredging to avoid silting in the ground water. Any dirt stirred up by mining would remain in the excavation area and settle when mining ended for the day. This is typical to what is done in similar operations around the state and I know of no problems with it affecting groundwater quality in those operations. Rule 6.4.5 Exhibit E- Reclamation Plan 13 . PS&G will commit to placing field markers to delineate the setbacks around the mining areas. This includes along the river, gaslines, wells, or other structures around the site. ENVIRONMENT, INC. PAGE 5 MARCH 26, 2001 14. The exact location of any swim beaches is not known at this time. They were listed in the text as examples of what type of uses may occur on a lake when mining ends. If their inclusion on maps is necessary, PS&G states that no swim beaches will be included in the reclamation plan unless they are build to MLR requirements. Some flexibility is necessary in the plan, so as the area develops PS&G and the landowners have control over the end use. If a swim beach is to be left in a lake area we will commit to making them 5:1 or less as required and showing their location in our annual report map. One way to look at it is that if the operator chooses to leave slopes shallower than what is required by the law they would still be in compliance with the overall reclamation plan. 15. Attached is a letter and affidavit addressing Rule 3 .1 .5 (a) to (f) . 16. The typical pond design can be seen on Adequacy Exhibit 3 and the layout relationship of the plants is shown on Adequacy Exhibit 2 . As for reclamation, the ponds will be cleaned as needed and when the plant site is mined they will be removed. If they remain when mining ends the above water banks will be reclaimed as described in the reclamation plan text and the ponds would become lake areas. 17. The NRCS suggestion is a blanket recommendation they use in their response to an operators request for information and as such PS&G did not chose to make it part of the reclamation plan, after all, they are responsible for making the grass grow and to complete reclamation as approved. I want to thank the NRCS for their recommendation but respectfully reject it in this case. Rule 6.4.7 Exhibit G Water information. 18. No water will be used during mining or reclamation and assuming the lakes are not lined one would expect 2,274.23 acre feet or water to evaporate from the exposed lake areas each year. This assumes that 768.32 acres of lake surface is created with an average net annual evaporation of 2 .96 ac- ft/surface acre. Page 19 of the application shows that average consumptive uses is estimated to be as much as 15 af- ft per year. This would be associated with dust control, processing and washing activities. This is for an average year and may be higher or lower depending on actual condi- tion's encounter in the future. The flow rates associated with this use will vary with the dryness of the climate and other uncontrollable variable. The estimated amount of water lost with finished product is 4% by weight so it is consistent with OSE guidelines and is included in the 15 ac-ft estimate. 19. Platte Sand & Gravel LLC has no current water rights to use for make up water. They are working on this and be assured ,- ' ENVIRONMENT, INC. PAGE 6 MARCH 26, 2001 that they are fully aware of state law in regards to water use. In the Temporary Substitute Supply Plan (TSSP) and well permit filed with the State Engineer and PS&G said that during the first five years they will buy water from Longmont to cover the industrial and evaporative uses associated with this operation. Copies of the contract with Longmont will be submitted once they are available. PS&G understands that they will have to have adequate water to offset evaporative losses and for industrial uses to stay in compliance with state law if groundwater is exposed. 20. There are actually only 10 water wells on the site not the 12 noted in the permit. A well location map Adequacy Exhibit 4, is attached for your review. Each well has an ID label that shows the owner, total depth and permitted use. Attached are copies of print outs from the office of State Engineer showing well ownership on the site and within 600 feet of the permit boundary. The highlighted wells on the list are those on or within 600 feet of the permit area. 21. The use of the term ditch was used to very loosely describe minor water carrying facilities, such as natural drainages, and seasonal irrigation ditches. Most of the type on the site are seasonal irrigation ditches that are cut each season as needed. Those in areas not being mined will continue to be used for agricultural purposes throughout the life of the mine and so they may change yearly. There are no ditches on the Sharkey's Lake area or the terrace deposit in the Highlands Lake area, so no ditches will be disturbed in the first 40+ years while PS&G removes this gravel. There is one concrete ditch running parallel to the north/south road that supplies water to various fields along its length. This ditch will not be disturbed by the mining operation. 22 . This is not really a ditch it is a natural drainage feature that water is pumped into to feed the two stock watering ponds on the north end of Bluff Lake. The irrigation return flow is shown as the undisturbed area along the toe of the slope between St. Vrain Lake and Longhorn Lake. It only drains the Sharkey property and will be removed up to the stock ponds as mining progresses across the eastern lakes. No agreement is required since Mr. Sharkey owns the land over which it passes. 23. The only aquifer impacted by mining on this site will be the groundwater aquifer associated with the South Platte River. It is contained in the gravelly strata on both sides of the river from near Waterton Canyon at the base of the foothills to the Colorado State line near Julesberg. On this site the top of the water table is approximately 6+ feet deep and the gravel varies from 45 to 60+ feet deep. So one could surmise that the saturated depth is between 38 and 53+ feet deep. Mr. Greg Roush with Leonard Rice Consulting Water Engineers, used a permeability number of 1, 043 ft/day (Ground water circular no. ENVIRONMENT, INC. PAGE 7 MARCH 26, 2001 r• 11) and the specific yield of 0.2 when calculating the stream depletion numbers for the well permit for this site. Under the gravel is a layer of shale that seals it from underlying aquifers. 24. This was stated because PS&G knows they will have to mitigate any impacts cause prevailing hydrologic balance. Attached is a report from Greg Roush with Leonard Rice Consulting Engi- neers addressing this request. Their analysis is very thorough and recommends methods PS&G will follow during dewatering. This report does not include an analysis of installing up gradient recharge facilities. That will be done and submitted to the Division prior to dewatering larger areas. 25. As the Division knows, gravel mines have been located in the floodplain of the South Platte River for many years and they have had little impact on the floodplain's ability to carry flood waters. The amount of gravel stored at any one time has a very small footprint in comparison to the amount of hole created by mining. The hole between the natural ground level and the groundwater table on a 50 acres portion of this site could absorb approximately 13,068, 000 cu-ft of flood waters that would enter the mine. If on the other hand, one assumes the material stockpiles covered 10 acres of the plant site "1 area and the flood depth was 3.0 feet (flood elevation 4753 feet, Plant Site elevation 4750 feet) then the stockpiles have a 1,306,8000 cu-ft foot print in the floodplain leaving a difference in our favor of 11,761,200 cu-ft. The property would actually retain more water than it does now, and actually reducing the impact a regional flood would have on surrounding land. The reclamation map shows that the internal lake separations will not be elevated above their existing grade and there are no plans to build a berm along the river. No new berms or dikes will be built on the site to impede flood waters entering or leaving it. Weld County requires PS&G to have a Floodplain Permit prior to mining the area that will address these issues. Pickett Engineering is evaluating the effects the floodplain would have on the mining operation and a copy will be submitted when available. This analysis will be the basis for the designing the protection needed on any east-west lateral divider. Initially there will be no lateral dividers in the mined area, it isn't until mining ends in the Sharkey's Lake area that armoring would be necessary. 26. Using the qualifier came about because of problems I have had with the Division in the past. I was very careful to state at the setbacks along the river are Mining Setbacks so that PS&G would not be responsible for acts of nature (bank erosion) that would be very expensive to mitigate at the time of reclamation. This has happened to me before when it is time ENVIRONMENT, INC. PAGE B MARCH 26, 2001 for bond release. I do not believe the Urban Drainage Technical review is applicable for this area. Urban Drainage does not have any jurisdiction this far from Denver and the document is supposed to be an advisory document. Be assured PS&G does not want the river in the mined area anymore than the Division does and will take the necessary precautions to keep it out. With that said, PS&G will commit to mining no closer than 400 feet of the river bank in the area where no armoring is done; 250 feet where armoring exists only on the river side of the bank and 150 feet where armoring is placed on both banks. If armoring is done on both banks the armoring will be done as mining progresses in that reach. The FIRM map, Panel 705 of 1075, is attached. It was prepared in 1982 and shows only the 100 year floodplain area. 27. The operator will have approximately 22, 000 cy of soil stored on the site any one time. This was shown in Exhibit L - Reclamation Costs and is enough growth medium to resoil the areas disturbed under the bond. PS&G will commit to keeping the piles aligned with the river (parallel to the flow) and placing them as far from the river as practical. I have added the Floodplain line from the FIRM map to the revised Mining Plan Map. The FIRM map does not designate heavy flow areas so .-. one must assume it would be close to the river. A copy is enclosed for your review and I placed the permit outline on it for review purposes. Rule 6.4.8 Exhibit H- Wildlife Information 28. First I want to thank the Division of Wildlife (DOW) for the comprehensive reports they have prepared. Their information has been very helpful in determining the wildlife issues on the site. However, the operator will not change the sloping plan or the seedmix at this time. To facilitate this PS&G is removing the words "wildlife habitat" from the permit so there will be no confusion in the future. Originally, the area along the river was designated wildlife habitat and was not to be disturbed, while the reclaimed areas were the proposed recreation areas. 29. As noted above the term "wildlife habitat" is removed from a designated land use in this mine. Page 2 of the application form shows the Primary End as "Recreation" so that is the official primary end land use. Very few trees or shrubs will be removed by mining. When planning this mine the actively farmed were specifically chosen as mining areas to avoid disturbing the old trees along the river. The operator appreciates DOW's suggestions but chooses to keep the plan as described in this permit application. No trees will be replaced as part of the plan, BUT the landowners may wish to plant additional vegetation along the lake perimeters in the ENVIRONMENT, INC. PAGE 9 MARCH 26, 20D1 future. Also, no islands will be built as part of the reclamation plan. 30. No active nest has been identified close to the confluence of the St. Vrain and South Platte rivers that I know of. In the August 8 letter they mention a nest in the area of the confluence but in later correspondence they make on mention of a nest in the immediate vicinity of the permit area. During our discussions with the DOW no mention or specific location of a nest has been brought up. The DOW refers to a Roost Area most often and it is important to understand the difference. Activities around a nest are far more restrictive that a roost and I want to make it clear that there is NO nest close to this mine. PS&G is fully aware of their responsibilities regarding threatened and endangered species that may exist on the mine site. Rule 6.4.10 Exhibit J- Vegetation Information 31. Division of Minerals and Geology has no jurisdiction over wetlands. PS&G has been working with the Corps of Engineers on this and Terry McKee of the Denver office stated that wetland delineations are only good for five years. A prelimi- nary wetlands study complete by ERO Resources last fall and the small scale map attached shows the possible wetland areas, Adequacy Exhibit 5 . PS&G will not impact those areas at this time and understands, that they cannot place fill in them without a permit. Nothing in current the law prevents the operator from mining and reclaiming these areas unless fill is placed in them. Rule 6.4.12 Exhibit L - Reclamation Costs 32. So noted. Rule 6.4.13 Exhibit M- Other Permits &licenses 33 . The TSSP and well permit were filed with OSE on March 1, 2001 by Leonard Rice Consulting Water Engineers. The LRCWE expects this permit to be approved by April 15, 2001. PS&G will commit to not exposing groundwater until the permit is approved. A copy of the approval will be sent to the Division for the records once it is received. 34. At this time this operation does not need a 404 permit for the areas to be disturbed in the long range future. I have submitted additional information to the Corps of Engineers (COE) and asked them to clarify their referral letter of January 3, 2001. A copy of their response will be submitted for the Division file as soon as I have it. PS&G feels that it is not practical to incorporate a 404 permit requirements in the Reclamation Plan. I have argued this with the Division before and still feel that it is not up to the Division to ENVIRONMENT, INC. - PAGE 10 MARCH 26, 2001 enforce 404 regulations. The argument is supported by CRS 34- 32.5-104 that forbids the Division from enforcing another agencies regulations. The COE has previously stated that the permitting party (Platte Sand & Gravel LLC) would be held liable for fulfilling the 404 permit obligations and not the Mined Land Reclamation Board if they were not complete should PS&G default on the reclamation permit. PS&G will not incorporate any 404 permit into the reclamation permit. 35. Exhibit S - Owners of Record of Affected Land - Surface Area contains all the names of easement owners and other surface leases of record. The scale of the map makes it hard to see the easements. I disagree that PS&G needs a source of legal right to enter their easement since the easement holders do not own the surface, only the right to use it. The surface owners still have the right to use the areas within the easement and both of the owners are principals of Platte Sand & Gravel LLC. Their ability to access their structures on the easements must be protected and PS&G has done that. PS&G's attorney is working on agreements with the oil and gas companies and Public Service Company (Xcel Energy) that will address your concerns and PS&G's ability to mine close to their facilities. 36. The operator does not plan to mine thru any easements. HS Resources has been contacted regarding their concerns and they have sent us information on their future drilling plans. Patina Oil & Gas was contacted by PS&G's attorney and discus- sions are taking place to address their concerns . Rule 6.4.19 Exhibit S - Permanent Man-Made Structures 37. Attached is a letter from the Platteville Historical Society showing that their concerns were addressed. They will eventually be the custodial agency for the listed sites. Mr. Sharkey is working closely with them to improve the grounds around the monument and he has a good working relationship with the society. Attached is an excerpt from our Reclamation Plan Map showing the distance from the monument (site 5WL814) to the mining areas surrounding it. Note: PS&G will not mine closer than 222 feet from their monument envelope. Site 5WL870 is not listed as a registered historical site. It is part of the old railroad bed that traverses the mine site from north to south. According to the Colorado Historical Society's (CHS) records it is a siding, bridge and possible depot site located near the river. Accordingly, they have no jurisdiction to forbid disturbing that area. However, Mr. Sharkey will work with them to preserve as much of the area as possible. For the record, I have enclosed an excerpt from our mining plan map showing the approximate location of site 5WL870, (Adequacy Exhibit 6) . Note that it lies mostly in area that will not be disturbed by mining. ENVIRONMENT, INC. PAGE 1 1 MARCH 26, 2001 38. I concur with your analysis. It does appear that PS&G will need to leave an additional 75 foot slough area from what ever prescribed setback they need. I.e. if the setback is 25 feet the total would be 100 feet marked on the ground, if it is 50 feet then 125 feet would have to be left. To avoid a expen- sive drilling program, PS&G could use 60 feet at the depth to shale and not mine within 75 feet of the setback until they know the depth of the deposit. Then if it is shallower than 60 feet the limit would be reestablish and mining could move closer to the structure. It is still to PS&G's advantage to acquire an agreement that allows mining close that this limit, so if agreements are reached they will be submitted to the Division. In leu of a signed agreement, Platte Sand & Gravel LLC will commit to establishing the mining limits on the perimeter as mining advance thru a lake area. In each area, the formula used will be: SETBACK DISTANCE + 75 FEET = DISTANCE TO PROTECTED STRUCTURE Other Issues 39 . OSE - A TSSP and well permit to cover their requirements was applied for on March 1, 2001. No mining will expose ground water until these permits are approved. COE - No 404 permit is needed at this time since we will not disturbed wetland areas in the two areas where mining will begin. In the future, PS&G will obtain the necessary permit if one is needed. CHS - Both sites have been located on the maps and PS&G is working with the Platteville Historical Society to protect them. 40. Thank you for the information. I believe the Division has addressed the concerns raised by the objectors, that are pertinent to the state application, in the adequacy review I have addressed with this response. Thank you for the informa- tion on the hearing sequence and requirements. March 8, 2000 Addltlonal Comments Letter 1. As stated in item 24 above, PS&G will only do limited dewatering to facilitate placing the dredge in each mining area. There after we will not dewater the excavation area. If, as I explained above, we incorporate dewatering later thru a revision DOW concerns will be addressed. I do not believe the Division or M.L.R.B. can require PS&G to enter into a monitoring program with any of the listed agencies. I feel that the Division has the expertise to administer and review any such program. ENVIRONMENT, INC. - - PAGE 1 2 MARCH 2O, 2001 2 . Our attorney is working with the Division of Wildlife to address this issue and he is discussing the buffer distance with Mr. Lee Carlson of the US Fish and Wildlife Service (USFWS) regarding the eagle roost. I transferred the roost area to the mining plan map but have not placed a buffer line on the map because the distance has not been agreed upon at this time. USFWS is centering on requiring a one-eighth mile (0.125) buffer, subject to DOW concurrence, around the roost. When the buffer distance is set we will submit a map showing its location. I have enlarged a section of the Mining Plan map showing the roost area and create Adequacy Exhibit 7 for your use. PS&G is fully aware of their responsibilities regarding threatened and endangered species that may exist on the mine site. No mining will take place inside the buffer during the period Nov 1 to March 1. 3. PS&G will do a survey for Burrowing Owls on any area covered with prairie dog holes on the site prior to stripping the land. Be assured they have been aware of this requirement for some time and are committed to surveying for and protecting all possible endangered and threatened species that may exist on this site. Prior to disturbing prairie dog towns between March 1 and October 31 a borrowing owl study will be completed on the area to be disturbed. If owls are found in the study area no mining will take place until they have left for the season. LIST OF ATTACHMENTS TO THIS RESPONSE: Proof of Publication Adequacy Exhibit 4 -Well map Return receipt copies OSE Printout Exhibit C-1 Mining Plan Map (revised) FIRM map Adequacy Exhibit 1 -X-sections Adequacy Exhibit 5 -Wetlands map Adequacy Exhibit 2 - Plant layout Historical Letter and Map LRCWE well analysis Adequacy Exhibit 6 -Site 5WL870 Adequacy Exhibit 3 -Silt ponds Adequacy Exhibit 7 - Roost Map Inert fill affidavit I hope these responses have addressed the adequacy questions you had. I will place a copy of this packet with the Weld County Clerk of the Board as required. I you have any questions please call me. Sincerely, Environment, Inc Stevan L. O'Brian President cc Weld County Clerk Platte Sand & Gravel LLC file enclosures Affidavit of Publication ,.1 STATE OF COLORADO s5. County of Weld, I, Jennifer I libel of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY DAILY TRIBUNE, and The Greeley Republican that the same is a daily newspaper of general circulation and printed and published in the City of Greeley. in said county and state;that the notice or advertisement,of which the annexed is a true copy, (weeks): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice. and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the, issue of the said NOTICE� S EO 4 7� j newspaper bearing date the Sixth day of Jaiea� A.D. 20Q.1_and the last publication thereof: in the issue of said Platte rave�iesbled an aaoAcetim . newspaper bearing date the Twenty-seventh day of January bra Reclamation ParrM with the Colorado Mired Land Reclamation Act for the eatracfion of combustion materials. A.D.2001; that said The Greeley Daily Tribune and the Greeley The proposed mine Is known as the S 8 H helm and h located b dSec[bns 2534 end 35 T-4R.R-57-W end Republican,has been published continuously and uninterruptedly Colorado.00,T-3-N,R67- Gth PMK:Ipal Meridian,Vdeld C during the period of at least six months next prior to the first issue The"roposed date t date mpiaboterx:emmber as 231. thereof contained said notice or advertisement above referred to; aocrordo the�proposer d the oonplevon December r 2031.Tie Wildab d future use of the land is private recredon and that said newspaper has been admitted to the United States mails Additional information and the tentative decision as second-class matter under the provisions of the Act of March �., date may be obtained from he Mined Land Red Division 1313 Sherman Suite 215.Darner,L atn020i 3. 1879,or any amendments thereof:and that said newspaper is a (f3p33)?65-3557er atthevJeld County.Clerkbtiw Baam's daily newspaper qualified for publishing legal notices and above,91510tii SL,3rd 1bor,Greeley,Cobmdo 80831,or the . duly 9 8 above epplicom advertisements within the meaning of the laws of the State of comments mat be in writingyawl mud he r�ecdvedary t8�d Minerals dced ano9y by s:00 pm. Colorado. iratlatst Febn pf January 6. 13.20.27.2001 gDe Attie .... Plaidorado, Date 3 ZO.27,2001 Total Charges:$192.00 (1-1111 Advertising Clerk Subscribed and sworn to before me this 27th day of January A.D. 2091 My Commission Expires 7-28-2004 004 Ort-iaLtd / / Notary Public ) ) SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY s Complete items 1,Land 3.Also complete a Received by(Please Print CleacM v a Date DS4v 3 oz•o item 4 if Restricted Delivery is desired. /.-/r-a� w g o p • Print your name and address on the reverse C.Sig”re S �y v a a • I cn so that we can return the cart to you. Ti •a -._T ',;,.. 0 a i o D v 3 o • Attach this card to the back of the mailpiece, X ro p ; p o W 3 3 3 or on the front if space permits. o m D �„ CO C �'B ? ac m D. Is delivery add from item 1? 0 Tee 0 O o D �� z N At p m F m ..' 1. Article Addressed to: If TES,enter delivery address below: 0 No Z5 0 _ k tO K 5ca lie z Z tab R► --1... o w Ms. Krystal R. Hoffschneider m � °° � --- 0 Cl. ,o, 1535-0.10 m&I 8-' m P.Q. Box 180 m > D w nEi ¢ `� 0 3 �N_ Littleton, CO 80160 8 z Nom. Al a GI �1 3. Service Type i0 CU 41.2 Q54- al jQce aced Mau ❑Express Mss r sq M I— n1 P a: r�. •m .. -0 Registered Q Rehm Receipt for Merchandise 22 f1 S , O -r3/475.1t e. . ❑Insured Mail O.C.O.D, 0 --- '6 _ a O •. 4. Restricted Delivery?(Exile Feel Oyes 2. V: Zr 2. Ardcle Number(Copy fromswim lebeg I i I I I III 'Illlll II glloplf$QO 1010212 4751 o7Clb11 O c;, ---t--4.`----- -_,a-it.'. ----,,i,4*-,,, �Or(r 11 J I I 7 f 17 Retort'Receipt L025s600a�o9sz Ifl t '.-Ft tf•t� 1 tl lIt ii 1.. f i CO -.,-4/'-V-'-:.:-_ 1 y ( SENDER: COMPLETE THIS SECTION . _ri , '� � ry COhiPLCTE THIS SECTION ON OC!IVEHY a n i \�,, ■ Complete items 1,2,and 3.Also complete a B. Date of Weisel t. = Item 4 if Restricted Delivery acleared. e s^Print your name.and address on the reverse C '�OQ* r •' so that wecen return theaard to you. f aria Cl s Attachthis card to the back of the mailpiece, x Q 1. e Q .t r•� • or on the hart ifspace permits. Q Addroseb o m Ara P •\ 1: ArticleAddressed to: D. Is delivery adritiaikit from item i? 0 Year. ) V YES,emer delivery address below. ❑.No On. Union Pacific Railroad I a 0000 1614 Dodge St. , WP001 $ I _ Ig� Fill Omaha, NB 68179 x a Service type p12 S 01 Certified MaiI 0 Express Mail t cn ~ 0-Registered ❑Return Receipt for Merchandise 0 l- - - a I 9,0 Insured Mail ❑C.O.D. ( 3 4. Restricted Delivery?(SAM Fee) ❑Yes I z 2. Article Number(Copy from service label) i RI H!7nrin '6)0(ti 00'72 441141 0778 PS Form 3811,July 1999 1Domestic Return Receipt 102595-004M.0952 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY I ■ Complete items&2,aorta.A19°complete A. Received by(Please Fillet Clear& B.Date of Delivery itefn 4 it Restricted Deliver/IS desired.- ; o 'O s Protyour nameand address on the reverse 0 z'a of o in sothatwecanreturnthecardto e s-Attacttthis card to the back oft matlpiece, ❑Agent _,M m q - — - - - - .. - - , or on the front H Space permits. ❑Addressee ID la 1 ae m • '� to N O1 O f •gD ■ •n Z 1. Article Addressed to: D. Is delivery from item 17 ❑Yea g m C tt f/) If YES below: ❑No S m o o D n e tr ty u o K S:2. 3 n . ''""+ CO A O , O —i r`tr w a 5.7..F915. n ' Ms . Katheryn A. Harden r 12-. Os �_'�- co p a. are -1amn P.O. Box 564 �MO9zO� • • Al Gf $ 4 I Platteville, CO 80651 pc,�� paz. m _ 3. serf ♦ a g m v T wrl^ • 1 Lr ` W 0;. ~= 22'N y ❑Regist arum Receipt for Merchandise r / A tr't 1.%g ¢$4 .. • ❑Insured Mail ❑C.O.D. - N 0 ? Zyp m • ' 4. Restricted Delivery?(Extra Fee) Oyes mm to Of Article,Nun��,�q�T�ra,�rvI�tsae,p t` ff y o 0 2_ i t l l t1V l ltlflitll obi a� of 0102 49tI5f1U12'• • r Z '"' I, +s F np i t t idle acs, f oomesdc Return ReeNpe 1o2sasao-r-or52 O ---�;�, it f iiiii Ii .i i ii i if i .>r}1 , r 7 / •s.. lam } Ell 21 01 i SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY & $ g t. a s Complete Items 1,2:and a Also complete A. Receiwed ai� D NP _ o.te of aw«y. g item4I:Restricted.Delivery Isdesired. ,•;%• h : It Print your name andaddress on t reverse �,... ' -. sothetwe can return the card toyou. - ci Q Q - s Attach this card to the back ot the meilpiece, . l� mat or on the front if space permits. 4 _ aerteyse .rJ Addressee e , diffract L•• ',- 17 ❑Yee Os $�t p i 1. Article Addressed to: ... - If YES,enter d below: ❑No I I If Michael & Lisa Decker 0 B. P 11142 WCR 38 •••<.,41 ti �,pao & i O Platteville, CO 80651 I f1 - c i _ a 0 ❑ I = .. .. - - ❑Hag a for Merchandise _ ❑Insured ❑C z 4. Restricted Delivery?(Evers Fee) ❑Yes m 2. Article Number(Copy from;arvice labs° irac+ mgt&o do j � ry I S©1, i PS Form 3811,July 1999 Domestic Return Receipt 102585-0PY-0a52 I ) ) ) SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY a Complete Items.1,2,and 3.Also complete A Received by(Please Print Cleary). B. Date of Ds4v ' E A g m Item 4 if Restricted Delivery is desired. 1 9. JAN ODU p 9 A c. ■ Print your name and address on the reverse s. m 3 - -- - - - so that we can return the card to you. C. SigI m m _.n ^' d r-+ • • • • Attach this card to the back of the mailpiece, x Q,2t � o p O e y _:.,, a k0 Eh § ° x o s per'o' I or on the front if space permits. �rt(y 1 23 i o g z a 3 3 D. Is delivery address different from Item 1? O Yes c -ml ti 'e Z �' CDD t0 o) s , sg m�.c og ;1 1. Article Addressed to: If YES,enter delivery address below: ❑No A Off ty Lt.�.11 .c Ii lto lN g m₹o .:9m n t. E2 ar Ile ▪ $ o O iR%i gg Public Service Company l- . o .o a =o s" of Colorado ," 9 i a E m g c 1 N -i 1225 17th Street m e < 0° fa �' 0 g2EIR Denver, CO 80202 I Servicerype N o r ) N� ` , t' ca v—i , ":$,Certlfed Mail ❑ Express Mail. in r. N F CY - o_a is �' - D Registered . O..Retum.Receipt for Merchandise H t� E ft O _ o 5 ti f _ _ ❑Insured Mail Q C.O.D. irrt rl 0 a . 4. Restricted Delivery?(Extra Fee) O Yes re w Z 2. Article Number(Copy from service lebeO r- _ o t1 11111 Iii iii iil9109 9152QiPQ2214a15 06501 , aM1 vp., ii, fprlt 8 1'tlub'`lg9§ 1 )!'t j flDaeeell7RetumReceipt 102`°"",•"862.' _ 1 _u l I tlif I f fill i ii ii_ _ a : fa 'O XP ' ? O O .., E [ .4.- "2 y y SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY y m Complete Items 1,2.and 3.Also complete A Received by(Phase Print Clearly) B. Date of Delivery€ t _ item 4 if Restricted Delivery is desired. � .r_ n s Print your name and address on the reverse _ l .^� - -: so that we can return the card to you. C COQ QQO' - Attach this.card to the back of the maniacs, X i'. v/ o I 0 ° is on the front if space permits. Is 1j , ,;y CI yes ° ) p 1. Article Addressed to: lJ..,g Y delta a . ? ❑No 8M : � ° t ell( SAS s m a Eddy Oil Company 9 S s `op 1432 S. Lancing St. I 2001 o 0000ao Aurora, CO 80012 gg $ >. 3. Service Ty•. , 1 N . < ® *Certified Mal ❑Express Mail 9's iZ - 111666 O Registered -O Return Receipt for Merchandise . z ❑Insured Mail O C.O.D. I Z 4. Restricted Delivery?(Extra Fee) 0 yes I Z in 2. Article Number More from sena label); ; . . , : iv,. ` `I d117000' 0520' 0022 4915 0731 , PS Form 3811,July 1999 Domestic.Return Receipt I02595-00-M-0952 I I ) ) ) • t SENDER: COMPLETE :illS SECTION C•MPLETE THIS secn.N eN 1EL]VERY t Complete items 1,2,and 3.Also complete a Received • (Please Print ) B. Date of Delivery ; 02 -0 y item a it Restricted Delivery Is desired. ', r,r /--1-0_1a -°i z n - - - ■ Print your name and address on the reverse C. SI re = ti T m Z PO OEM rn so that we can return the cant to you.N_ f o D v r ct m ■ Attach this card to the back of the mail iece, , ), I ❑Agent w a p 3 m -r Nofa- $ z e ° z P X ❑Addressee 3 ° s• al to X o m »° 3 or on the front 1f space permits. ex .. /„ to -: s 3 tY x0 (p 5 r a a a m D. Is delivery.:. -_ different .' ilerrr 1? ❑Yes ( -mil O` e z Z -4 y m 3 g 32 32 o .. 1. P,rticle Addressed ro: If YES,enter delivery address below. ❑No A O . d •--.:- • ° WW Z Z N r• g s a 5 Stanley & Mary Odenbaugh m 0 °° 0 _ r • � saw a mog� m 11100 WCR 38 m > n - m r a �m m Platteville, CO 80651 • _, c a RI g a m 2 3. Service Type N r O Al 1 3c' 8 1 f^' pj Certified Mail ❑ Express Mall m r ) =2,,s. sMerchandiser- 0 m s a S ❑Registered ❑Ream Receipt for n 0 r i ti ❑Insured Mail O-C.O.D. m rf N ht li t i g•. • ..4. Restricted Delivery?(Erba Fee) ❑Yes to O m . o• ~ �► g 2 ►J it II i I��i li k l I i4lbd1 OUS20t i1d02ii1I4911411403d 0 . . qg rpm$814, 1989 ( if Peastic Return Receipt 102505404A-0962. lull Ali if r i Ili r ii I f 3 NP.' . . .cam, sr .' } .)C Cx I?.. R o ❑❑�' s�gp• «° a. pSENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY N ' r I.as 1 f a 'g ? ■ Complete items'',2.and 3.Also complete A. Received by(Please Pant Gayly/ & Date of Delivery Item 4.'d Restricted Delivery is desired. t0 n • Print your flame and address on the reverse I-0 ❑❑:I3so that we cart return the card to you. C. Signs ; erne a _ z •■ Attach this card to the back of the mailpiece, X ❑Agent m I c 1 . o or on the front if space permits. D. del' address different from from item 1? ❑Addressee I 1. Article Addressed to: / Ov R ; I If YES,enter delivery address below: ❑No • a s y o. Kristi A. Plutt f ❑ . i ❑❑❑❑- a • 11247 WCR 36 . $ 8` I fg l i Platteville, CO 80651 F $ - 3. Service Type to •" $Certified Mail ❑Express Mail 0 Registered 0 Return Receipt for Merchandise.I 2 ❑ Insured Mail ❑C.O.D. - .. X. 4. Restricted Delivery?(Extra Fee) ❑Yes m 2. Article Number.(Copy from service label) i s , hi ; H T000, .0520 0022 4915 0643 • PS Form 38•1 1,.July 1999 Domestic Return Receipt ID259St1PM-0952 ) ) ) . SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON PF'"FRY S Complete items 1,2,and 3.Also complete A. Received by(Please• ' • 2"16 : r'. . Denvery •c n z -u •O ' item 4 if Restricted Delivery is desired. A, r m c a • ■ Print your name and address on the reverse C. Si storeA" _ -- 0 3 .-i so that we can return the card to you. igt1� 8 , - _ m 1 ^( N ^' p w el - a ■ s N ■ Attach this card to the back of the mailpiece, X1nA',- , /7 �y w o p a m fp o C RI.D�+ s 4n4 z or on the frQ{)trf space permits. Mill c Si• A- •r�;/y••�°°° A y N y ° • v X Fi o m.. 3 3 • D. Is delivery address•..- - C'-'ul/i• -m1 O o Z a0 Z 0• fD li pk 0 j-r c a t m .1. Article Add to: If YES,enter delivery add : 11111 • No z o 0 a A) � F�1 -4 till 2I R-o . am n • a • . f 4e 3 kr ' n o If 2 _ rots r w m Ft. Strain Historical Mo'ument m i • R n• tn� o a�a a•. • C/0 Weld. County Commissioners y (-PI< g s, R.oN 915 10th St. , 3rd floor H oo m o' 2 . gQm 1 Greeley, CO 80631 3. Service Type o r N o to o li S+ o i i likeertified Mai ❑Express Mal m N O o 3' m •_ ❑Registered ❑Return Receipt for Merchandise m C1 • o p_ ct O Insured Mail ❑C.O.D. m 0 3ri ,S m—ex O - 4. Restricted Delivery?(Extra Fee) D Yes 34 ~ - m. < p. Z 2. Article Number(CORY from service lobe° r ir II! r !! ! II-II !n000 i090?! 41 9 ?il PS.Fbnb 3811{{'Juf7i 1999 I HI I ' Doroestb Return Receipt 102585004-0952 III i F tl. II ! I I (it I t t E P. • or ° X n T n -_ --- I 12 . y � [ SENaE CeM'LETE THIS SECTION Ceh1•LETE THIS SFCTI•N ON aELIVERY • i •7 a s, y • Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Da of -lyary 1 1 8 _ - kern 4 if Restricted Delivery is desired. a' g a �,� N a Print your name-and address on the reverse C. Signature v I ^+ so that we can return the card to you. /, a ❑D O - a Attach • catdto the back of the tneilplece, n $ T i I z or on ,P ',space permits. X .l. J!t_a Addressee l b • D. Is delivery: .__ different from item 1? ❑Yee in O I 1. Article to: If YES,enter delivery address below • No sIf- m Michael -81 Joy Ptasnik §• - 4815 S.. tVine St - D i 0000 g Englewod, CO 80110 • 1. ° $ gt 3. Service Type 02 X.Certlfled Mail ❑ Express Mall �' ₹ O Registered O Rehm Receipt for Merchandise _ all 0 Insured Mail 0 C.O.D.. 3 4. Restricted Delivery?(Extra Fee) ❑Yes Z m 2. Article Number(Copy from service label . . • . " - 7000 0520 0022 4915 0681 PS Form 38x11,:July 1999 Domestic Return Receipt 102595-0044-0952 • PLATTE SAND & GRAVE. LLC. S & H MINE PERMIT#M-2000-1SS NOTICE TO ADJOINING LANDOWNERS ET.AL. CERTIFIED RETURN RECEIPTS March 18,2001 SENDER: COMPLETE THIS SECTION cChI L CIE fHl5 :cc TION ON DELIVERY • Complete(tame 1,2,and 3.MUit!- oMPfi16 fit' et r Plait Creams R. bate d oel item 4 If Restricted belivery II dialled.' is `4"''' /-l. —7, III Print your name and address on the reverts C,,Sgnaitnb ' so that we can return the card to you.` - file_ • Y d , ■ Attach this card to the back Of the tnallplece �I//'f yNJ Agent or on the front If space petmlts, Y• f. X. / 'h..—foil- ❑Addresses • 1. Article Addressed to: ;1 D. b deMeiy aderess item 1? O Yes .�., '•' If'Its,enter ddNery address below O No • Patina Oil & Gas Corp. 1325 Broadway Suite 2000 ' Denver, CO 80202 3 eSeervice type P.Certified Map ❑ Express Mail , ❑Registered O Return Receipt for Merchandise fi Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number y from service labe4 . '.. ,.• . 1144114464401 ' I�' -4414'm For,1f �'f l 1 t 1 i. 1 t�'11 t I 1 t j- Receipt ,tnsosm.M.oasx ' NAME SARVb A ik4 vgt wee, . a _— P.O. SOX 1f10 JilLItTLEtbNI CO t01d0 u.sPgsTa i 110 ARv .i 1 I jai Boob ° '. .h' neiuiw. iAM0l111Te1 $3 II[ IjJ1J1IJ. ...- ..�,.�� _. _,_ his 0614 ` �4— 7 T+t3? LEfl(R �4, 1 r. r• 1 ; l �. n- r 000434/5 i Yi;STNAME Dtrlll�' duo (74,) 1ST NOTICE ..�-` 3 9 ..• Mered.LapNo 1N0 NOTICE , Uncle '' T`'�y YIIW� .....BIttl�7�.-�'i r itOL:—.r...44:_. n lit T. (-Arthur P. Garda 11283 WC1140% R ii gftoMaanrtJdN4 1••' 'S Plathlville, Cd80881 c� pW 1 aTUHN RECEIPT '.` a tto Ct ':•f, t l ` ,: ./ r U Rah n• r Bt 'A.kfMee REQUESTED U P'e'seta t„ ii* . oy ^ iH�`I to illhdimrhhl,ikhIlunsu h1111rlllulrII IuI Ilnrlurli f r PLATTE SAND & GRAVE. _LC. S & H MINE PERMIT#M-2000-169 NOTICE TO ADJOINING LANDOWNERS El.AL. CERTIFIED RETURN RECEIPTS March 19,2001 PLATTE SAND& GRAVEL LLC. Saliligialgagarlall P.O.PDX 180MIIMIIIIIIIIIIIIMMIIII I LI7t1 EtnN,CO 801 tt y r a<' (4 -4-E.,�s U.S P�OSTIM 4, > C 1111 ppp99l��I��jjp�UCC33 ;.. + JRYpita. 01 _ 70t1O t158tl nII '!1I Allot9284 rah 7/ fuc r tET II P r a "--4 .. r I'ix;.. .j i 80921 00.4479. F;;tityt tr NOr}CE ....16:11,744....., r I�� "0 NOTICE ,,l„A„ AMA tom Sparkly 30 2 -2d " Ii3430 Copperfield Dr. i 1' 1'31• ,, , e Colorado Springs, CO 80921 RETURN RECEIPT -» REQUESTED emsomilflimam unlit"CO SOHO U.s. rOsrnc ARYA0AAz` ros+rpmrr iiiiiiiimf JAI: DI 3 74 t R. - --�a snit 0022 i „ � _ OOO4II5 rum LCiIEP U <o F •• `"o Yr Of IAYT NAME or:1 ..; �t P %"� Umble%Ro m - .Fact ..,4! ti.3 T 1 ._.. bbt 9r "; I r4OTICE --•-F^... 7f3Nld & Jill Kline . !N 381'ICE IMMO ! ' 18!18 VvcR 23 •?4,. . ...,. _, I i.MumMN 1 ApuLtBvllla, co 86831 RETURN RECEIPT n a „ , kit, REQUESTED u1l.1.,.. frv , I. ,*Wei U Pt.ttinOW, --- ----.. {` r sotae.11 ' I ii MLA MillilIIIILtIJLIdidd r+rIIIIWWMrIrIarMMlira71�r.rian s - . _ ATTE SAND & GRAVEL .^C ADEQUACY EXHIBIT I rl CROSS SECTIONS LEGEND SAND FLATS LAKE i /.. / AFFECTED LANDS / PERMIT AREA + --- / / �/ /// �/ n FLODDPLAIN LINE // 1 / / // AREA BOUNDARY (X / / / `// /��'� = ROADS L* / _ / POWER / COMMUNICATIONS LINE Y { /��. �_'� _ x x x x FENCE 44 rrI\ � `✓ yE BURRIED GASUNE k N Q Y IN • DITCH h / BUILDINGS 171 4 'C. I * OIL / GAS WELL L,(T` I 11 + ��./ I / MINEDOIL AREASFIELDTANKS @ FACILITIES QN �'s'o44% �GTG9l 0/7 HIGHLANDS LAKE W °p4N * �� .044 `R(.t E /"` °C'4, M4y� %k 0O°x'\ PRE—MINING ee 'be 9r C4i, p44i e44he o° p X11 °p4N 47 m<f444%N°'4P}6%\ °4w� - \ E K\\ \\ \\ \\ \\/\\K \\/\\(\\ \\V\ </N: \\\&K\\�\\�\\I:, A A\\*/\ A'A •P•o°� TRACE DEPOSIT REMOVED °p4ry° No�N 0 44q °p<*' �°'0 S ‘40? 4+e N \ \ / //\/\/\/\\/\\/\\/\\/\\/X\\// /�\\7/ /7 // /*/*/� PRE—MINING Sp�N to,p 4b44, ,I4 0 4+°j. k°°F yvr 4*c 04.4, '&/\ \\ \\ \\\\\�\\<C\/\\/\\<\\/\\<\ A\ \A\ TERACE DEPOSIT REMOVED MAR 26, 2001 - 13:32:18 -. PLATTE SAND & GRAVEL LLC ADEQUACY EXHIBIT 2 TYPICAL PLANT SITE LAYOUT SHARKEY'S LAKE: I I I _ _III 1 r - -_____ _ - ______ - - SECWOARY POVO I.'i!,-': OREDOE PIWI POINT .'e•♦•.♦,♦-.,.♦♦•.♦.♦' PROCESSING I I I PLANT SITE I STOCKPILE AREA ,I / CO - - -----__.,2 �� .�� T ,44.. •' CRETE Nr C� CRETE ,LAN 2 di CON TINGpi_AN _ / �\ 748. CAS //I I \ \ o \\\ \ _----r------, — I� II I NOTES.- 1 Plant layout shown on this plat may change as setup begins. 2 Locations will depend on the size of the equipment associated with each plant. 3 This plat is intended to show the typical layout of the processing plants to be located in the plant site. 4 Settling pond location may change once final plant site r configuration is complete. 5 Dredge pivot point is show in its approximate location. MAR 26, 2001 - 17:07:14 4CV r••••• GREGG TEN EYCK LESLIE BOTHAM JON FORD LEONARD RICE CONSULTING WATER ENGINEERS, INC. A.J. ZABBIA, JR. GREG ROUSH 2000 CLAY STREET, SUITE 300, DENVER, COLORADO 80211-5119 KEVIN O'CONNELL (303) 455-9589 + FAX (303) 455-0115 ERIN WILSON March 23, 2001 Mr. Tom Sharkey 15430 Copperfield Drive Colorado Springs, CO 80921 Dear Tom: Enclosed is a memorandum discussing our evaluation of potential impacts to nearby wells in terms of lowered water levels resulting from the of dewatering of 1-acre pit sites for dredge construction. Please call me or Dennis McGrane and we can discuss any questions you may have. Very truly yours, LEONARD RICE CONSULTING WATER ENGINEERS,INC. dia /Lek_ Greg Rhsh, P. E. Principal GR/gle 1057SDR01 cc: Steve O'Brian r D:\Documents\1057sdr0I\Mar23GR.wpd WATER RIGHTS + GROUND WATER + CIVIL DESIGN + PROJECT MANAGEMENT 0111 WATER RESOURCES PLANNING + WATER QUALITY+ REGULATORY COMPLIANCE OO CELEBRATING 30 YEARS OF SERVICE 1970-2000 ACEC r MEMORANDUM TO: Greg Roush-Leonard Rice Consulting Water Engineers,Inc. (LRCWE) File: 1057SDR01 FROM: Dennis McGrane(LRCWE) DATE: March 23,2001 RE: Potential Ground Water Resource Impacts Associated with Starter Pit Dewatering BACKGROUND Tom Sharkey requested that we evaluate the potential impacts to nearby well owners associated with digging a starter pit for a wet mine dredge at the S&H mine site near Gilcrest, Colorado. Our analysis is based on the following scenario. A one-acre starter pit will be excavated below the water table to a depth of around 25 feet (assumed 15 feet below the water table). It could take around 1 year to excavate the pit depending on the gravel sales of the volume excavated. During this time, water entering the pit will be removed by pumping from the low points where water accumulates. Once the pit has been mined to an adequate size, a dredge would be constructed in the pit. Dewatering would then cease, and the water levels would be allowed to recover. Dredge mining operations would begin from that point in time. We were asked to estimate potential effects of this scenario on ground water levels and wells located outside the mine property. METHOD There are several engineering equations that can be used to help solve this problem. In this case, we believe that the Theis Nonequilibrium Equation is the most applicable because: • Time/drawdown relationships can be determined; and • Radial flow conditions(converging flow to a dewatering well or small pit) exist. The Modified Theis Nonequilibrium Equation is a simplified evaluation of the Theis integral that takes the form: s=264Q/T * log [(.3Tt')/(r^2*S)] LEONARD RICE CONSULTING WATER ENGINEERS, INC. 2000 CLAY STREET.SUITE 300.DENVER.COLORADO 80211-5119 •PHONE(303) 455-9589 •FAX(303) 455-0115 Memorandum to Greg Rou... March 23, 2001 Page 2 We defined these variables as follows: s=pit drawdown(ft) Q= pit dewatering rate (gpm) T=aquifer transmissivity (gpd/ft) t =time(days) r=distance from the pit center(ft) S=aquifer specific yield The equation can be used to conservatively estimate aquifer drawdowns at distances (r) away from the pit for specific times (t)using representative aquifer properties (T and S). AQUIFER PROPERTIES The S&H mine pit site is situated immediately east of the confluence of the South Platte River and St Vrain Creek. The aquifer consists of high permeability sand and gravel deposits. The aquifer is approximately 5 miles wide in the area and the proposed mine is approximately% of a mile wide (East-West) and located in the western half of the aquifer. Several canals divert water from the South Platte and provide irrigation water to farms within the floodplain. Mostly agricultural wells penetrate the aquifer but some domestic, stock, and commercial wells are present. r The USGS (Hurr, 1972) characterized the aquifer beneath the site (Open File Report 73-124). The report contains maps of well locations,bedrock elevations, water table elevation, and aquifer transmissivity and saturated thickness. Aquifer transmissivity in the areas of the proposed mine range from 50,000 to 200,000 gpd/ft and the saturated thickness ranges from 20 to 65 feet. Based on our pumping test and computer modeling experience in the area, we believe the aquifer specific yield is around 20 percent. CONCEPTUALIZATION We used the Modified Theis Equation to predict drawdowns caused by a theoretical well located at pit center for 365 days of continuous pumping. Figure 1 shows a conceptualized cross-section of the pit with a hypothetical dewatering well at its center. The well is assumed to begin pumping at the commencement of mining and continues for one year. The target drawdown at the edge of the pit (r= 118 feet) is 13 feet. This allows a 2-foot thick seepage face for water to enter the pit. The dewatering rate (Q) was solved for when drawdown at the edge of the pit (r 118 feet)was 13 feet. r .- LEONARD RICE CONSULTING WATER ENGINEERS, INC. 2000 CLAY STREET.SUITE 300,DENVER.COLORADO 80211-5119 •PHONE(303) 455-9589•FAX(303) 455-0115 Memorandum to Greg Rous. March 23,2001 Page 3 r MAX. THEOR. WATER LEVEL DECLINES from Starter Pit Dewatering 0 Top of 10 Proposed it: :Water T -- )3} ₹tietitai Well= Predeveiopmen1 10 c_0 • 20 -- c. =_ -10a 3 t - o Q- Safi and__=7- O 30 Gravel - -20 Et s_ --- 40 - -30 —Pumping Time c 365-days 50 rTl-i r;l-_r i-1-:11-rr1-, ii-ril-cra-i n-r wi-i-ri- _40 -2000-1800.1600.1400-1200.1000.800-600-400-200 200 400 600 800 1000 1200 1400 16001800 2000 Distance from Pit Center (ft) Transmissivity (gpd/ft) _._ 50,000 . 100,000 .. 200,000 Figure 1 RESULTS Figure 1 shows three theoretical drawdown curves for the range of aquifer transmissivities across the site. The shape of the water table is parabolic with greater drawdown away from the pit for higher aquifer transmissivities. Tables 1 - 3 shows the theoretical drawdowns for an aquifer transmissivity of 50,000 gpd/ft, 100,000 gpd/ft, and 200,000 gpd/ft respectively. The greatest potential impact shown in Table 3 is 5 feet of drawdown approximately 2000 feet away. We propose that the operator use the appropriate table for the aquifer transmissivity (using Hun's Transmissivity Map) beneath the proposed pit location to estimate the theoretical impacts of starter pits. Each table shows the maximum theoretical drawdown and the expected drawdown. The expected drawdown is 50% less than the theoretical and is based on our estimate of the effects of mitigating factors discussed below. Starter pits are best located at least 2000 feet away from existing wells in areas of lower aquifer transmissivity. LEONARD RICE CONSULTING WATER ENGINEERS, INC. 2000 CLAY STREET.SUITE 300.DENVER,COLORADO 80211-5119•PHONE(3O3) 455-9589•FAx(3O3)455-0115 Memorandum to Greg Roush March 23, 2001 Page 4 Table 1 -Maximum 365 Day Drawdown Transmissvity(gpd/ft)= 50000 gpcl/ft Theoretical Pumping Rate(gpm)= 750 Specific Yield= 0.2 Estmated Pit Dewatering(ft)= 15 Maximum Drawdown at Distance-r'from Pit Center Distance Maximum Maximum from Pa Theoretical Expected Center(ft) Drawdown(ft) Drawdown(ft) Theoretical Pit Center= 1 31 15 Edge of Pit= 118 13 7 300 10 5 500 8 4 700 7 3 900 6 3 1100 5 3 1300 5 2 1500 4 2 1700 4 2 1900 3 2 2000 3 2 Table 2 -Maximum 365 Day Drawdown Transmissvity(gpd/ft)= 100000 Theoretical Pumping Rate(gpm)= 1375 Specific Yield= 0.2 Estmated Pit Dewatering(ft)= 15 Maximum Drawdown at Distance Y'from Pit Center 'stance Maximum pected from Pit Theoretical Drawdown Center(tt) Drawdown(ft) (ft) Theoretical Pit Center= 1 29 15 Edge of Pit= 116 13 7 300 10 5 500 8 4 700 7 4 900 7 3 1100 6 3 1300 5 3 1500 5 3 1700 5 2 1900 4 2 2000 4 2 Table 3- Maximum 365 Day Drawdown Transmisevity(gpd/ft)= 200000 gpd/ft Theoretical Pumping Rate(gpm)= 2500 Specific Yield= 0.2 Estmated Pit Dewatering(ft)= 15 Maximum Drawdown at Distance'r'from Pit Center Distance Maximum Maximum from Pit Theoretical Expected Center(ft) Drawdown(ft Drawdown(ft) Theore cal Pit Center= 1 27 14 Edge of Pit= 118 13 6 300 10 5 500 9 4 700 8 4 900 7 4 1100 6 3 1300 6 3 �""'• 1500 6 3 1700 5 3 1900 5 2 2000 5 _ 2 C LEONARD RICE CONSULTING WATER ENGINEERS, Inc. Memorandum to Greg Ron__ March 23,2001 Page 5 r MITIGATING FACTORS As shown on Tables 1-3, we expect the actual drawdown to be around half that calculated using the Modified Theis Equation. This subjective determination is based on the way we applied the equation, and the mitigating effects of aquifer recharge and subflow. Conservative Assumptions We believe the Modified Theis Equation applied in the manner discussed overestimates drawdown for the following reasons: • The actual dewatering time would be considerably less (approximately 3 months) due to the fact that dewatering would not actually begin until after the upper 10 feet of unsaturated material was mined away; We therefore expect the actual dewatering time to be less than one year. • The actual maximum drawdown in the pit would equal the pit depth (which would progressively deepen) instead of a water level far beneath the pit bottom in the theoretical well pumping at a constant rate. We therefore expect actual dewatering rates to be below that shown in Tables 1 —3. Aquifer Recharge and Subflow The Modified Theis Equation assumes a flat aquifer with no recharge sources. In reality, a drawdown cone will extend only as far as it takes to intercept recharge that equals the pumping rate. At that point in time,the drawdown cone will stabilize. Recharge sources that are expected to maintain water levels include precipitation, agricultural recharge, and surface water recharge including rivers and canals. The S&H Mine site is surrounded by river and canal recharge sources. We made preliminary maximum recharge estimates for these sources to compare against the estimated pit dewatering rates. Stream Recharge St. Vrain Creek and the South Platte River are within 1000 feet from the proposed pit site. The amount of stream recharge from these sources is a function of the gradient between the river and the aquifer, the permeability of the river bottom, and the aquifer transmissivity. We estimated the maximum amount of stream recharge from only the South Platte River based on the following assumptions: river length within 1000 feet of the entire proposed pit area is approximately 4 miles; average river width approximately 20 feet, average aquifer transmissivity (117,000 gpd/ft); average aquifer thickness (37 feet); a vertical gradient between the stream and .--,. aquifer; and a vertical permeability 100 times less than the horizontal (Kh/Kv = 100). Under these assumptions,the maximum amount of potential stream recharge is around 8,700 gpm. This SLEONARD RICE CONSULTING WATER ENGINEERS, INC. 2000 CLAY STREET,SUITE 300,DENVER.COLORADO 80211-5119•PHONE(303) 455-9589•FAX(303) 455-0115 Memorandum to Greg Rous. March 23,2001 Page 6 r recharge amount is more than triple the maximum theoretical dewatering rate (2500 gpm, Table 3)and would significantly limit aquifer dewatering. Canal Recharge Leakance from the Western Mutual Ditch and Farmers Independent Ditch will also maintain water levels. The Western Mutual Ditch flows along the eastern border within 600 feet of the proposed pit. Using similar aquifer properties described above, a canal length of around 2.5 miles, an average canal width of 5 feet and a 6-month wetting period, we can expect an average of around 700 gpm of leakage to the aquifer. This recharge amount is approximately 28% of the maximum theoretical dewatering rate (2500 gpm, Table 3)and would reduce aquifer dewatering. Aquifer Subflow Aquifer subflow is water flowing through the aquifer in response to the natural aquifer gradient. Hun's water table map shows subflow moving from south to north at an average gradient of around 0.003. Using Darcy's Law (Q =KIA) where: Q =Aquifer Subflow (gpm); I =Average ground water gradient (.003); and A = aquifer cross-sectional area (1.2 million square feet), we calculate approximately 5,300 gpm moving through the aquifer from up gradient. This is more than double the maximum theoretical dewatering rate (2500 gpm, Table 3) and would significantly limit aquifer dewatering. r We conclude that the maximum dewatering rate (2,500 gpm, Table 3) is only 17 percent of the amount of potential recharge to the area. Therefore the drawdown cone will likely be significantly contained and minimal impacts to other users will likely occur. IMPACT The Colorado Division of Water Resources requires that all new wells be located 600 feet from existing wells. One purpose of the 600-foot rule is to prevent the drawdown caused by one well to adversely affect the performance of the other. Tables 2 and3 show that pit dewatering could cause water levels to decline up to 8 feet at a distance of around 600 feet from the starter pit. Based on mitigating factors discussed above, we believe the actual drawdown would likely be less than half that amount(4 feet). We realize that a decline in the aquifer saturated thickness could cause a proportional drop in the maximum well yield for an existing pump system well. Assuming an average saturated thickness of 50 feet in areas where agricultural wells are present, and an expected water level decline of 4 feet (Table 3), we can expect a drop in the maximum well yield of less than 10 % for wells located within 600 feet of the proposed starter pit. In our opinion, this reduction in the maximum well yield would not be noticeable for most well users and could easily be mitigated by extending the pumping time. r SLEONARD RICE CONSULTING WATER ENGINEERS, INC. 2000 CLAY STREET.SUITE 300.DENVER.COLORADO 80211-5119 •PHONE(303) 455-9589•FAx(303) 455-0115 Memorandum to Greg Roub.. March 23,2001 Page 7 ADDITIONAL WAYS TO MINIMIZE IMPACTS We have identified the following additional ways to minimize the effects of the proposed mining activities on existing wells: • Begin pit mining in early summer. Aquifer dewatering would likely not occur until after the irrigation season and would be complete before the following summer. In this way, the greatest impacts would occur in the late winter and spring when ground water demands are lowest. • Begin mining as far away from existing irrigation wells as possible; as close to the Platte River as Possible and in areas of reduced aquifer transmissivity (See Hun's Map). CONCLUSIONS AND RECOMMENDATIONS Starter pit dewatering will cause water level declines off-site for a short period of time. We calculated the maximum amount of that drop to be around 5 feet 2000 feet from a starter pit site located above the most permeable portion of the aquifer (Table 3). We believe that the mitigating effects of aquifer subflow and recharge will reduce these effects by around 50 percent. If this occurs,the impacts to nearby well users will likely be insignificant. To further minimize impact to other ground water users, we recommend that S&H Mine: • Begin pit mining in early summer so that aquifer dewatering is complete prior to the next irrigation season; and • Begin mining as far away from existing irrigation wells as possible; as close to the Platte River as possible and in areas of reduced aquifer transmissivity (See Hun's Map). SOURCES Driscoll,Fletcher, 1986. Ground Water and Wells; Johnson Division, St. Paul,Mn. 55112 Hurr, Theodore, 1972. Hydrogeologic Characteristics of the Valley-Fill Aquifer in the Greeley Reach of the South Platte River Valley,Colorado; USGS Open File Report 73-124. McWhorter, David B. and Sunada, Danial K., 1977. Ground Water Hydrology and Hydraulics; Water Resources Publications, Ft. Collins, Colorado. r - LEONARD RICE CONSULTING WATER ENGINEERS, INC. 2000 CLAY STREET.SUITE 300.DENVER.COLORADO 50211-5119•PHONE(303) 455-9589 •FAX (303) 455-0115 PLATTE SAND & GRAVEL LLC ADEQUACY EXHIBIT 3 TYPICAL SILT POND DESIGN TO PXCAVATION AREA PROM PLANT PRIMACY POMP eCONQP Y POW 400ft. 70 ft. =1J.=1L- - 1= =III= �I—II�II III II iliillllili�il i 20f t, r Notes: I Pads will have l:I slopes 2 Pails will be cleaned as necessary 3 Paid dimensions and shapes may wary fran those shorm a1 this plat die to construction method and location a-and plant site. 4 Water win be taken from a fresh water pad,4-tided thu the plan,thu the setting pads aid retuned to the excavation area. 5 No water will be dined from the pads nto waters of Cdorado mless it is covered by an WM5 penult, 6 Pads win be long aid narrow to facilitate dean, MAR 26, 2001 - 17:08:30 TE SAND & GRAVEL LLC - S&L .AINE INERT FILL NOTICE (RULE 3.1.5(9)) r-� From time to time over the life of the mine we may import inert materials into this mining operation, as defined in Rule 1 . 1 (20) . It will be used to partially construct the slopes from the existing ground level into the mine floor. This fill will then be covered with finer material and revegetated where re- quired by the current permit. If the material is good dirt we will use it to supplement the topsoil needs for the above water slope. Where there is little soil on the site any imported dirt will only increase the chances of revegetation being successful. Additional material that can be used as fish habitat and bank armoring may also be used below the water line. The reclamation plan approved will not be changed and we will continue to do reclamation concurrent with mining. The fill, IF AVAILABLE, will be used to create the slopes, but sloping will not be delayed if it is not. The exact amount of material to be imported is unknown. We will report the volume imported each year in the annual report and keep a running total so the Division will know how much and where it has been placed. We estimate approximately 10% of the material to do the sloping will be imported if the material is available. Importing fill will begin upon notice by the Division that this notice is acceptable and our reclamation permit has been approved. We will continue to import inert fill until reclama- tion is complete or we no longer have a source. Since the approved plan is to turn this into a private lake with 3 : 1 slopes around the perimeter, the importation of fill material will allow us to maximize the material being removed and still complete reclamation as approved. The material used in the slopes will not be exposed, unless it is fish habitat or bank armoring. The dirt imported will enhance reclamation success, because of the lack of topsoil on the site. No specific compaction rates are proposed for the fill. The material usually available contains smaller pieces of concrete, or dirt mixed with the larger pieces of the same material. This makes it very difficult to achieve a specific compaction rate. In most cases, the larger materials can be laid on end and filled around or placed on a flat place and filled around. While we take no action to reach a specific compaction rate, the way the material is placed tends to compact it. We run heavy equipment over the filled area during the filling process and the material is compacted as a result. Stabilization of this fill material is not a concern because of the limited amount used in the slopes and the way it is placed. What voids do remain are usually under large pieces of material and little settling is possible. No structures will be built on the fill, nor will the depth of the fill be so great as to affect offsite lands if settling occurred. i— State of Colorado ) ) ss. AFFIDAVIT County of Jefferson ) Thomas Sharkey as President of Platte Sand & Gravel LLC, being first duly sworn, deposes and says that the material to be imported into the mining operation known as the Platte Sand & Gravel LLC - S&H Mine is inert material as defined in Mined Land Reclamation Board rule 1 . 1 (20) listed below. At no time will material that does not meet this definition be used as fill on this site. M.L.R.B. Rule 1 . 1 (20) "Inert Material" means non-watersoluble and non- putrescible solids together with such minor amounts and types of materials, unless such materials are acid or toxic producing, as will not significantly affect the inert nature of such solids . Terms included, but not limited to, earth, sand, gravel, rock, concrete which has been in a hardened state for at least sixty days, masonry, asphalt paving fragments and other inert solids . By: T ma Shar Subscribed and sworn before this a$ — day of MA-12-411- , 2001, by Thomas Sharkey as President of Platte Sand & Gravel LLC. y OTAgY9�y ; J,0ea1 kNotary Public `13.0.AVBLtt 0 91* CD�tyr o My Commission expires /d-OC77'6'/Q- Zoe/ IUP. 19.2001 11:01AM LEONARD RICE EMGRS 450.457 P.3 EP A527 COLORADO WELLS,APPLICATIONS,AND PERMITS PAGE I to13:1196CST2001 COLORADO DIVISION OF WATER RESOUCES ERMIT D CTY OWNER INFORMATION ACTNDY STATUS 'STUN() ANN AMA GEOL WELL WELL WTR SEC LOC TWN P C23 DATE CO DATE WD MD OR LISP LATE APR IRA ADEN_ YIFLD_ OP1H LEV CDORf OTRS Mc SHP RNA 7563 1 WEL HILDENSRANDT P L MRS 1910 13TH AVE GREELEY,CO 30031 J 2 5 11-10-1943 0 0 OW 110646 22 00 MAN S7Tl^ZBN:ct - S. e 07475 1 WEL PTASNIKMICHAELJ B JOY 4815SVNI ST ENGLEWOOD.CO 80110 NP 03.30.14301 OO MS-01.1098 7 1 0341-195.5 A 0 GW 130600 31 20 70050 SERW 25 AM 87W S, 7-3 107460. 1 WEL PTA$NN MCHAEL J 6 JOYW 48155 VINE ST ENGLEWOOD,CO 80110 NP 03-30-1460 00 AS_A.1445 2 1 OS-31-1942 4 0 GW tattoo 85 20 00 AESW 25 IN 67W SX 100693 1 WEL BOOS DON 19113 WCR 25 PIATTEVILLE,CO 00651 , VV NP_19-0%1990 2 5 1 6 0 GW 1600 Sl 99 19064 MOP SFSE 25 40 67W S, !` 145398 1 WEL 3006 DONALD L BARBARA 0405 HWY 66 LONGMONT,C050504 /(' NP 00-78-1468 CC 07.724947 2 8 11404433 0 0 (We 115000 60 25 ibS ME j$5E 25 4N 67W S 145408 1 wEL PTASNIK MICHAEL J L JOY W 4315 S VIII ST ENGLEWOOD.CO 30110 NP 0440.1960 301 OA-01-1995 9 1 05-10-1040 0 0 faW 78500 50_ 18 17070 9474E NWSF 75 AN 67W S, /` D 1 WEL WHISLER GREGORY S 6 ANDREA A 19273 WCR 25 PLATTEVILLE,CO 110551 ,/ AP 0217.1999 All 0402-1995 3 89 0 0 GW A 0 0 145914nP NF4F 94 4N 67W S. $ 22306FR 1 WEL KAPOK MICHAEL J A JOY W 4616 VANE ST ENGLEWOOD.CO 30110 /Y_HP DC 06-01-1998 _2 1 06,{14-1971 490500 OW MA DO SO 0 13444200E NEAP 25 4N 87W S, 21288 1 WEL BALER JOHN H 11399 CORD 40 12 PLATTEVILLE,CO 60851 3 8 09-30-1P64 6 0 614 1430 38 22 00 SFMN 95 ,N 67W 5 14046R 1 WE. THOMPSON CHARLES A S SABRA G 12265 CO HWY 52 FT LIPTON.0060621 2 12 0 0 AW 70000 60 70 !ILL SRNW 28 40 57W S 140405 1 WEL GARCIA ARTHUR P 13995 WC RD 370 MILLIKEµ CO 80543 $C 10-25_1223 3 I 11-10-1941 a 24000 OW SM 60 60 30 0n SFNW 25 IN R7W S 1404`R 1 WEL FRANK JANICE 19117 WELD CHIT RD 251231ATTEVILLE CO 80151 4•"'", �f 7. 0499.1980 OC 02291457 2 I 19-41440 0 0 Ow 700,10 60 9n AA 6WNR 25 IN 57W S /` 2...,+ I WEL FRANK ALLAN 11957 WCR 4012 PLATTEVILLE,CO 00651i. X NP 1051.1497 7 J 1 0 0 NW 1400 0 9% 230 NISOE SFNF 95 4N 67W S, X 14042R 1 WEL FRANK JANICE 19117 WELD CNTY RD 2512PtATTEVILLE CO 80651 )( NP N-1^-1968 OC n7-22-1057 7 1 1941.1542 0 0 AW 90000 so 2A 00 SFNF 25 4N 87W P. 204050 1 WEL BALER JOHN II 11399 CR 403 PLATYEVILLE,CO 90651 7\ NP N-30-1907 AR 63.23.1497 2 791 0 0 AW 1530 44 19 4200 14657 NWNP 95 IN 6793 S 140496 1 WEL SHIER JOHN 11399 CD RD 40 112 PLATTEVILE.CO 60651 Y 2 1 0 0 OW 700.00 ,0 WINE 1$ 0NE 2$ 4N 67W S r` PERMIT D CTY DWFER INFORMATION ACTMTY STATUS 1ST USED ANN .AREA sex WELL WELL NMI SEC LOC TWN P CD DAN Co OATS Wfl-l4D as 1 131 DATE APR 1RR MFR Vint A OPTN I FV COORD OTRS SEC SHP RHO 6L 14650R 1 WEL SHARKEY TOM 15430 COPPERFIELD DRNE COLORADO SPRINGS CO 80931• I CC 10-02-2000 2 1 0 0 SW 5,190 60 30 00 VAR II;Inile TRHWF 1, 1683995 1 WEL PTASNE MICHAEL J 6 JOY 4016 5 vNG ENGLEW000.CO 80116 11 ' HIP 52.27.1991 OC 04.0.3.1494 9 1 Q .0 70o 44 27 •344158E SFSE 98 AN MW S d 109399 1 WEL SCOTTOALE RANCH,4615$VNEENGLEW000,CO 80110 71 NP 0297.1691 7 69 04.01.1940 100 0 OW 700 54 0 164Sig4F` MCP 94 471 MW t 93027VE I WEL SCOTTSDNP RANCH 4515$VINE SNOLEW000.0050110 AV 02.17-1993 2 90 0 0 GW 0 0 0 1045,'1655 . SERE 25 46 07W 5 /V o We N $ -LCD r 27 IN /7 ld I•IHR. 19.2001 11:02RM LEC^2D RICE EFIGR5 110.457 P.5 • .EPORT DATE COLORADO WELLS,APPLICATIONS,AND PERMITS PAGE us Feb 201308:50 CST 2001 COLORADO DIVISION OF WATER RESOUCES { D CTY OWNER INFORMATION ,wTIWTY STATUS • 1ST USED ANN AREA GEOL WELL WELL WTR SEC LOC TWN P w CA) DATA CO DATE WO kwf5 1199 nee APR p AOFR YJF1D RPM IEV C11ORO MRS .EEC SHP RNG M 40468 1 WEL SHARKEY TOM 15490 COPPERFIELD'Awe COLORADO SPRINGS.CO 80921. CC 10412.2000 2 I 0 0 GW 06100 Sc 0 06 SF4P r1'•01F417N1 a S 10398 I WEL SCOTIDALE RANO DENVER.CO 40202 NP 08.0.1979 RC 2 1 0 0 Ow 6_ 0 0 0.0 NF4E 15 4N 67W S 7584 1 WEL HAYSTACK RANCH RED PLATTEVILLE CO 60851 q. 2 I 11-044942 0 0 .1W 2000 St 10 00 NEW 15 4N 87W 5 4019R 1 WEL SHARKEY TOM 15430 COPPERFIELD DRIVE COLORADO SPRINGS,CO 80921• (X/ !l OC 1002-2000 2 1 O__ 0 GW 70000 BD 20 _44 MFSF 1F 4N 57W a 4472F 1 WEL SHARKEY TOM 15430 COPPERFIELD DRIVE COLORADO SPRINGS.CO 80921- NP 09.20-1534 OC 0603.21100 2 1 f1RAL199R 0 0 GW RYES) 43 9 1275111890E NWNF 15 4N 67W S 4043R 1 WEL PTASNIK MICHAEL J&JOY 4815$VINE ST ENGLEWOOD,CO 60110- (�j HP 04.9.1980 OC 02-031689 2 1 12411$44 0 4 SW 90000 60 20. 00 NENE 35 _4N 67W 4 _.I 1209F 1 WEL PTASNIK MICHAEL J&JOY 4815 SVINS ST ENGLEWOOD.CO 80110- 1n V 473 NP 0623.1983 00 001995 2 I 0610.1963 0 9 GW 000.00 52 23 0.0 NENE 95 441 57W S IERMIT 0 CTY OWNER INFORMATION ACTIVITY STATUS 1ST USED ANN AREA GEOL WELL WELL WTR SEC LOC TWN P CD DATE CD DATE WO MO DA LISP RATE APR 938 LOPE Wm D DPTH I BV CDCMD DYES SPC ARP R)M 6L 454217 1 WEL PTASNIK MICHAEL J&JOY 481$S VINE STREET ENGLEW000,C050110 I, 2 t 02-20.1951 0 16000 SW 94500 00 17 00130W SWNSW I uS' S 10496 1 WEL PTASNiK MICHAEL J 4 JOY 4615 SOUTH VINE STREET ENGLEWOOD.CO 80110 I — _,____ 2 69 D5-t0-tenn 0 300 RW 1500 71 21 0S149W SESW 56 4N 6)W S. !00809 1 WEL SNYDER OIL CO 1625 BROADWAY STE 2200 DENVER.0060202 '� NP 08-27-1997 1 0_14 00 GW a 45 0 14004.120CW NWSW 38 4N- 7Ii 9_ !n^` I WEL SNYDER OIL CO 1625 BROADWAY STE 2200 DENVER CO 80202 II' • 08-27-1927 2 0 04 0 0 SW A 32 6 11102 1150w NWSW 56 IN 67W 1, r m6881 1 WEL SNYDER OIL CO 1629 BROADWAY STE 2200 DENVER,CO 50202 15 NP_11A.7241272 2 0 M 0 0 EW 0 30 0 14003.1000W NWSW 46 4N 67W 4, 3.0045081 1 WEL SNYDER OIL CORP,MICHAE.PTASNIK%LT ENVIRO 240115TH ST 6260 DENVER CO 60202 I1L9 MH AD11-167 2 Q M A NWSW 34 4N 67W S 14541RF 1 WEL PTASNIK MICHAEL J&JOY W 481550 VNE ST ENGLEWOOD,CO 50110 5(9�_ EP 02-10.150 2 1 OS-12-]972a t60L00 SW SW 85000 59 20 1320019201 EW 16 414 47W S r/� 33738 1 WEL BESWI5 N G PIATTEVILLE,CO 10551 v 2 1 0 0 GW 111800 V 26 00 WV, '4R AN 67W R 71 7372R I WEL BESKAS N G PLATTEVILLE.0060651 \ T 1 Q. (L SW 44610 AS 20 0 I SFSF 4R 411 57W S I' )371R 1 WEL NG BESKAS TRUST 100010Th STR GREELEY.CO 80831 2 1 0L25-1927 0 16000 SW 61000 50 TO SOS 228I9 EESE 36 4N 67W S x 11494R 1 WEL PTASNIK MICHAEL J 6 JOY 4015 VINE ST ENGLEWOOD.CO 60110 'I' IM 04.161960 OC DB-01996 2 1 13.31.1946 0 0 SW win AO 60 34 00 SWNW 1R AN 67W 9, 11493RR 1 WEL PTASNIK MICHAEL.11 JOY W 48165 VINE ST ENGLEWOOD,CO 80110 (`/ He 05.24-2821 00 06-61.1998 2 1 00-06.197] 00 0 00 GW 90000 7S. .3 N7 76J08W SWNW 26 4N 47W S b 135268 1 WEL BROBERG DAVID L 6 GALE L 14479 FENTON BROOMFIELD,CO 90020 `I 2 1 10-23.1661 a a GW 13.0000 60' 20 00 SFNW 917 4N 67W a l• 164198 1 WEL MARTINDALE JOHN&DELORES 18536 WCR 25 PLATTEVILLE,CO 60661 NP 1122-1954 2 6 0 0 OW 11j.00 60 20 1000.2200E NWNE 38 4N 67W S mar P CTY OWNER INFORMATION ACTIVITY STATUS 1ST USED ANN AREA 0801. WELL WELL WTR SEC Inc TWN P CD OATP Cr) DATE WO Lip nn 05P OAT, APR IRR ADM YIFLO OPTH 1 E COOA0 AIRS RFC SHP RNA 8169 1 WEL TROSTEL TOM 9065 WCR 11 LONGMONT.CO 60504 110 09.63-1987 RC 10-93-1881 9 8 L 0 0 . .,KLF 500 620 co t720kiscor 1iWUw-Cr-2N',MSS" S 3)Q►Q4 1 WEL YELEK TED%HERSH&SON DRILLING 9205 WCR 38 E LOVELAND.CO B053e 1( 07-261997 2 O M 0 0 GW 0 0 0 0,0 SWNW 34 4N 67W S (�- MAR.19.2001 11L03AM LL`AVRRD RICE ENGRS NO.457 P.7 REPORT DATE COLORADO WELLS,APPLICATIONS,AND PERMITS PAGE 1 y8 Fee 2013:14:58 CST 2001 COLORADO DIVISION OF WATER RESOUCES PERMIT 0 CTY OWNER INFORMATION • ACTIVITY STATUS 1ST USED ANN AREA GEOL WELL WELL WTR SEC LOG TWN P CD OATP CR DATE WD Mn DA LISP DATE APR 67R AGAR WEIU TEYO 1N 1ADRO DIPS _SEC SHP RNG eL 0 1 WEL DEPRATT MIKE 11247 WOK 36 PLATTEV9-LE.CO 80851. /y AP 06.094999 Ali n9.71-14pp 7 9 0 0 1097 A 0 0 00. RWSW 1111917,44"t" R [CI 0 1 WEL DEPRATT MIKE 11247 WCR 38 PLATTEVILLE CO 60651- ( AP 0649-1598 _Au 0421-1.949 2 _8 0 n GW D D 0 00 9WSW I 3N 67W S w( 0 1 WEL DEPRATT MIKE 11247 WCR 38 PLATTEVILLE.CO 60851- ^ v[ I AP A0.04.1999 AU 09-21-1999 7 R 0 9000000 6W A n 0 4009400W 510'6* 1 1N 67W 6 79973 1 WEL HIBBS WAYNE a e MIRIAMR 11247 WELD CO RD 38 PLATTEVILLE,CO90651 ,-- 2 8 10-01.1P7A 0 0 SW 1500 50 _3 13149 RAW MAW 1 3N 67W 5 ✓� 12934R 1 WEL HIBBS WAYNE D PLATTEQ1LLE CO 60657 n 7 1 a n 11W 1100.00 98 10 On SWAW 1 3N 67W 5 a 137550A I WEI. ADLER FRANCIS 11419 WCR 36 PLATTEVILLE,CO60651 NP 06-29-1984 RC 01.17.1965 2 6 0 0 RW 2000 50 73 6042020W_ SPSW 1 SN 87W 5 14131R 1 WEL MCCORMICK G TODD CFO 230029TH ST SUITE I GREELEY,00806314527 Up 04-75.4.mn an 67.73.1e90 2 1 A 0 SW ]200 00 46 18 00 9ESW 1 3N 57W 9 13590RR 1 WEL YOUEL MIKE 11777 WCR 96 PLATTEVILLE,CO 80651 NP 0 .16.1642 SA 10-08-1994 2 G �/1 07-07.1992 0 0 W 49508 82 79 1251066P 9PAP 1 AN 87W 6 P� 92206VE i WEL YOVEL MIKE 11777 WCR 35 PLATTEVILLE CO 80851 AV 06.18.1992 2 1 0 0 GW A 0 0 173.1066P 9F9F 1 IN 67W S S' 13590R 1 WEL DAY ROGER J.6 MILDRED E. RT.2 BOX 189 PLATTEVILLE,CO 90651 v AR 2 1 0 0 GW ID0AM M 19 00 595E 1 AN 67W A .X 141329 1 WEL MCCORMICK G T000 CV 230629TH ST SUITE I GREELEY,CO$06314527 RC 02.23.1990 -7 1 0 0 rw 11MM AI 16 no WRAP 4 IN R7W 1 156010 1 WEL DECKER MICHAEL K 6 uSA K 11142 WELD CADY RD 38 PLATTEVILE,CO 50551 P A1114 5 O- 058.1 6 7 $9L f11J 15M JA 72 1)7MN 16300 CWNW 7 SN 6700 S 01`"1 94 1 WEL FARMER JOE P JR 4 MAIORIE S RT5 BOX 190 BRIGHTON,CO 60601 ).51 BA 09.01.1476 0 0 GW 114161S! 0 7000811150W 9WNW I 1N 67W S 120226 1 WEL DECKER MICHAEL K&LISA K 11142 WCR 1138 PLATTEVILLE,CO 80851 21 NP 04.71-1P60 or 05.11.546A 2 1 05-10-1944 a A SW 120090 47 26 00 SWAM I IN 47W s 19200 1 WEL NELSON LONNIE 6 AUGUST LONGMONT.CO 60501 2 6 11-07-1992 b 0 GW 19.00 a 22 00 SFNW 1 3N 67W 5 1 12946R 1 WEL NELSON LOUISE&AUG 6 303 SHERMAN ST LONGMONT.CO 90501 x 2 1 0 a GW 170000 77 18 OA SFNW 1 3N 87w Al 11671 1 we_ NELSON AUGUST E PLATTEVILLE,CO 60651 y . Z A A6.18-1MI 0 0 6W 600 21 14 nn SFNW 1 AN 6700 9, /� 190089 1 WEL OPENEAUGH STANLEY P D BOX 120 LASALLE,CO 90645 ^^N CA 02.10.1983 CA 04-1.0-1905 9 R I -0 _ 0 MW 1600 44 a0 MAN 400W NI W 1 9N 67W s a Ina 1 WEL OOENBAUGH STANLEY S 11700 WCR 39 PLATTEVILLE,CO 60651 LOT B OOENEADGH ^41 NP 03-31-1$04 7 H 0A 1;W 19M 48 20 800N 500W NA'NW 1 3N 57W S. p0((21 96278VE 1 WEL WALTER CONRAD 11470 WCR 38 LA SALLE,CO 50649 AV 110.74-1496 7 A 0 0 GW 0 0 0 I17N7484W WNW 1 IN 47W 6 n 105BwA 1 WEL WALTER CONRAD&MARY 11470 WCR 3$PLATTEVILLE.CO 80651 K NP 06.7R.14A8 I A 0 0 GW 15M 60 97 137NJ945W NONW 1 1N 47W S 155894 1 WEL WALTER CONRAD&MARY 11470 WCR 38 PLATTEVELE CO 60861 AR 04.70.1948 2 A 0846.1961 100 0 (W 1500 4R A 4464421340w MFNW 1 1N 67W S 70266 7 WEL BRIGGS CHARLIE PLATTEVILLE,CO 80681 J`'L 2 1 0844.4441 A 0 4W 100000 0 0 no NENE 1 1N 67W 5 " 7025R 1 WEL BRIGGS CHARLIE PLATTEVILLE,CO 60651 2 1 04.10.1929 0 .0 OW 000.00 73 17 0,0 NENE 1 9N 87W 5_ MAR. 19.2001 111054tH LEur4RRD RICE ENGRS NO.457 P.9 REPORT OATH COLORADO WELLS,APPLICATIONS,AND PERMITS PAGE 1 Feb 20 13:17:21 CST 2001 COLORADO DIVISION OF WATER RESOUCES PERMIT 0 CTY , OWNER INFORMATION ACTIVITY STATUS 1ST USED ANN AREA GEOL WELL WELL WTR SEC LOC CNN P CD DATE CO OaTF WD MO DR' IICF OATH APR RR AnFR 145 n rota RO OTRC U 164726 1 WEL PUSLK:SERVICE CO OF COLORADO 122517TH ST STE 2000 DENVER CO$0201 NP 0O.A1-1997 2 O_M 000 0 GW 000 30 0 ?nos 7500E SWSF C2.0475S6C'"-A10t- S -\�/103678 1 WEL PUBLIC SERVICE COMPANY 550 15TH ST DENVER CO 80201 2 5 04-75.1962 0 0 OW B X00 40 0 13PB57401E SWAG 3 3N 07W S ` 18904% 1 WEL LEWIS MASON A 81017TH ST DENVER.0080202 2 1 0 0 OW 45000 50 0 00 SFSF 3 3N 57W S K 189040 1 WEL PUBLIC SERVICE CO OF COLO 55015tH ST DENVER,CO 80202 7 1 0 0 OW 100000 56 24 00 SESF 1 IN P7W S `,7. 0 I WEL PUBLIC SERVICE PLATTEVILLE,CO 80551 AP OA.M.1979 P AP 0 0 SW 0 0 0 00 NWSF 4 3N 87W ,1L 10904V 1 WEL LEWIS MASON 818 17TH ST DENVER CO80202 2. 1 0 0 GW 22400 51 B 00 NWSE 3_ 3N 67W S i. 17533MH 1 WEL PUBLIC SERVICE CO OF CO CVO 3100 SPRING FOREST RD RALEIGH,NC 27358 �/ AR 06.061001 7 0 0 0 OW 0 0 0 00 SFNW 3 3N 87W S K 160604 1 WEL HILL JAMES F NICOLE M 111 JAY AVE JOHNSTOWN.CO$053 NP 06.01.1001 AR 04.761491 3 5 I 0 0 OW 1500 48 I POOH 7075W NENW 3 2N 37W 5 109877A 1 WEL PUBLIC SERVICE FARMS 9052 WCR 34 PLATTEVILLE.CO 50451 NP 111711303 7 50 10.014984 0 0 GW 1500 63 1e 2751N1B16E SWNF 7 1N 8714 S 109579 1 WEL PUBLIC SERVICE COMPANY 550 15TH ST MEYER.CO 80201 7 P 01-31.1RP7 0 0 taw RIIR 4n 0 7401N 74117F AWNF 1 1N ATM 4, F 109677 1 WEL PUBLIC SERVICE CO 9051 ROAD S PLATTEVILLE CO 00541 2 8 04254982 0 1.00 OW 7.00 40 0 2231N,1816E SWNE 3 SN 67W S r PERMR 0 CTY OWNER INFORMATION ACTIVITY STATUS 15T USED ANN AREA CEO. WELL WELL WTR SEC LOC TWN P CO DATE CO DATE WE MI1 nR USF DATE APR IRE _AOFR YIELD OPTNIFV MOM DIRE AFC SHP RHO N 1 14047R 1 WEL SHARKEYTOM 15430 COPPERFIELD DRIVE COLORADO SPRINGS.C080921- e( //�J OC 1A02.7A00 3 I 12311515 0 0 SW 7450 50 10 17057050E RINSE '3N`= SYW"� 5, � 14044R 1 WEL SHARKEYTOM 15430 COPPERFIELD DRIVE COLORADO SPRINGS.CO 60821- 30 OC 10-07.2000 2 1 0 0 OW 100000 , a E 'mica 2 114 47W S nn ! 21723$ 1 WEI. HDFFSCHNEIDER;CRYSTAL P 0 BOX 150 LITTLETON,CO 60160- i NP 0447.1099_00 1741.2000 2_ B. R n 0 rw 0 0 0 780.970E APAP 7 104 57W S 207438 1 WEL DF_PRATT MIKE 11247 WCR 36PUTTEVILLE.CO 80651 3T NP 0409.1097 CA 04-20.1909 2 RR 0 A OW 4500 0 2 'am 9BnF AFAR 7 1N 1.7W S 217218 1 WEL SHARKEY TOM 15430 COPPERFIELD DRIVE COLORADO SPRINGS.CO 00821- 39 NP 012113'/4 OC 03-17-700 7 8 L 0 0 -SW la NI 48 5 2700.91120E WRAC 7 RN A7W S 14045R 1 WEL SHARKEYTOM 15430 COPPERFIELD DRIVE COLORA00 SPRINGS.CO 80921. OC 10-02-2000 2 1 0 A GW 900.00 50 15 n0 AMP 7 330 57W 5 44452F 1 WEL SCOTTDALE RANCHES 1975 SOUnIVINE ST ENGLEW000,CO 80110. 3 NP 0.1¢1995. _7 1 0 5000 OW _. o n n RBRN IRO W F NNE 2 314 B7W .5, 24585E 1 WEL SCOTTDALE RANCH 19305 FEDERAL BLVD DENVER CO 80202 21 _ NP 01-024800 T 1 0 0 2W A 0 0 86514100E _ NWNF 7 IN 47W O .,J 245858 1 WEL SCOTTSDALE RAN DENVER,CO 60202 NP 12-JT tj7$ 2 1 0 0 OW 0 0 0 0,D NWNE 2 3M 87W S PLATTE SAND & GRAVEL LLC ADEQUACY EXHIBIT 4 WELLS WITHIN 600 FT. I SEC 27 _.._.. _.._.._.._. .i '.._,.._.._.._.._.._.._.. SEC 25 ...../.7.- SEC 26 1 y r if.../0 330 660 1 L /� 1• = 660' '_.14050R (Sha )- 60'- I 169399A (13tazSW- 54'- D I I /. �. f I I : . i .. ► 009E (Ptaznl k)- 52'- A --may/ .' -t 444 y Sher ')> 43 A 1,,.:/ / i ', • 140432 CPtaznik)- 60'- A I ` � T I I I ) (: 4 _ SE4-35 4 SE 34 � t T' I \ �... �"\.+ � ( 1 J.. _.• 40398 (Sharkey)- 43'- D I I ``tip 1 ] I': I I - t a 17584 (Sharkey)- 43'- D — — : 017018 ( ey. 46^ I I . 1.J. � I . I I I 14044" (Sharkeif A 1i. I I i ..1 t. t i i t: ,__ IAA : I � � 1 ' I , I PERNIT/UPTCTED LANDS I . . i 120208 (Decker)- 52'- A ' / A ,t 140458 ( y)- 3 A I 1 / Hill=AREAS 186010 Clacker)- 70'- MD I 1 . — OR SIMON LOAN Ww". 600 SOOT LINZ : 1 ., 11 - k 'W SECTION LENR SEC 3 � 1 N,rue / I I i-�:._- DITCH _ 2074 (DePratt)- . - D -- (. :7. (� n I 0 I 0-0VNER-DEPTH-USE + I I.------ I 0 WATER RILL SHOWN LOCH N ly,` 0-OWNER-DEPTH-USE WATER WELL APPROL LOCIIION Q�.r`\ . 'N. 0 'a .0` C USE EI) • - DOHESfIC 14447R (Sharkey) Mk/A A - LIVESAGRICULTURE ` �.� L - BOUSTOCL \V 1. \, ' 217230 (Hoffschnel der)- 60'- D H - HOUSEHOLD I-t' \.. '• I I n 140448(Sharkey)- 60'- A if MAR 26, 2001 - 13:38:17 PLATTE SAND & GRAVEL LLC ADEQUACY EXHIBIT 4 WELLS WITHIN GOO FT. /..` I 1 - ;mow- r Ji SEC 26 _, l jet td f . a 330, r yeo \ I li ' ■'L 1• .v`ssv 11 11 ` (14OSOR(SM1nt YI-3Y'- Y y Y 16939H(P4vYN3-SI'-3 I I ': �'. ! 2 I .. 1 1 /1 1 I I /2.....11. ._�_ I . I I f �' 141 CC SFerMq>-(9' R Jf I � • l S• as r I I I I PLIWIT/ulwClnn IJNYP yp1�\ \ 12O2M(Becker)-sz'-n ,- Y I' NO4iP(S ) 3'�A ///� MIMEO IIII6 — — arl mrneE mrr 1 9111/ % W mar INCHON LEVI E 2 -- IlOIn SEC 3 �u� 0111a (YJ/ 2111 13rPret9- 9-wren-DEPTH T114O2 r .:/ 'I 0 u1G TILL KNOWN LLO4 O-0YNER-0EPTH-USE INTER ONLL IPPIOL PI /am A_AiallEaroWNk I - •NMYR<Srorla�Y LO' /� ' 2-LIIP(fMPl tll` '\.' / '. - � 2IJ23O fHofisdrNtlerJ-6C-0 I-lOppPIOH { , "0"1 LC 140442 fSForNeY)-6O-P 4. , MAR 26, 2001 — 13:38:17 \`` rice FR pr la.o.,,.1 \c� /l • = _ Frr►K. 1w..P �� / P 4e n, 080264 0750 G ---% i/'� i '"� \\ Mutual ... I I I 27 Ii iE_ G\��G Yles�e� 25 r.J��°a¢ 7 i ii) 34/ 36 \ . a/SI ;A 41 i Ire__ _ II illbk 11 ZONE C I ll II I I at —J ^66,-I II II 1 s I n— I —_ 10 -m II � I I I ZONEC II I fMI II /I Pi .'TE SAND & GRAVEL LLC i -a., ---, ADEQUACY EXHIBIT 5 WETLANDS MAP A,vx \�\ t Dur T ti.- gi "s`n»YY s 9' 1\ {t \\ :art : «• ' ` N \ \ + \\`‘si.. ' 'it :�\N;4, � J F. C F, N D AFFECTED LANDS/PERMIT AREA200n : .v_. o FOOT ARE AREA BOUNDARY ROADS \ \ r `�'% POWER/cwEr4ac4TNEr UK\k. �\ D k IR1C = RLL DID 1WL[S �Y DUNNED tl5UlC ..... IRRIGATOR OVERFLOW DITCH 4�r \\� TREESTN J b�\` BRUSH C, ns . \ j ..._ um srrr AREAS .._. �`,`,� 5"•r -:: rmcxnr4 Eauwo.sus r :'WED..w ISM'max,. PRELIMINATY WETLAND STUDY PREPARED BY ERO RESOURCES, INC. MAR 26. 2001 - 13:45:17 i r Platteville Historical Society PO Box 567, 502 Marion Street Platteville, Colorado 80651 February 16, 2001 County Commissioners: The Platteville Historical Society is not taking a position for or against the application of the Platte Sand and Gravel application for mining the area. Our concern has been to see that the St. Vrain Monument Site be protected. After visiting the site again, studying the application and the maps we have determine that the site will be preserved- We have studied 5WL087 and 5W814. The seat backs are sufficient to protect the site and the road leading into the site. The developer has answered any questions we have asked and provided any information that we requested to make this determination. Sincerely, ? -i " 4& Ruth Gartrell President FORT 5 1'. VRAIN MONK, MENT/ TOM SHARKE Y AGREEMENT MAP EXHIBIT 1 1 ii a :'..T.:37t. N4 1 f r ti 3 S 1 1 1 3 t iIZ r i ti . . 1 Ii \ x 222 T T I-.t i =�.�-_:>; 1 l MONUMENT GROUNDS \ �'� � Q1-.-.-- I cuwxtPr) \ 1 _- -___ 1 \ I• ki li \ 1 - -_--... r 267 F-T \ :41:07.4=4. I IV .?t (II - - ) ' ` - Ce1 ) K.,---.S` -..,, -., "*--... \ \ i 1 1..ji . \ 1 . I 344 F-T,kteniket.tr.-44 . I \ s.,,. \ \\ \ fikti."'" - 1 .I11 _11:0 ,:• ::.,, 11 •O/ MEEFIFEE f�, Nii,-• \ NA _____ - 17:Fk__ w I j • i. 1 INS IlT:rtailiistiiiii: -- 1 1 r die._•▪ �' `� \ %\ z Yl --...--__ .1 f.„,=„„„._-..,,,,,,,.........:......::.- _ \ __--- XO9 • .:Siirajy g i.,, 1 // .i -'w' 1 -.- "r....... \ 1�3I f I i N 11 .!i __ z ri _ \ \ // I( �... .I"'. t. 1 y i 1 \ +ice • T , ' G..,. .......... 1 111 4 ._...... TO um 40 II ea 0 100 200 400 SEI/4 SEC 26, T-4N, R-67-W, 6TH P.M. '®"'l'°°'-130°03 SCALE 1'=200' WELD COUNTY. COLORADO I TTE SAND & GRAVEL LLC ADEQUACY EXHIBIT 6 Z 11 / i ' . . . . . _ . . _ . . . . .. NOTE.' / , 1. LOCATION FOR 5WL87O /S APPROX/MATELY ... / AS SHOWN ON MAP /N STATE RECORDS. II rr� 2. SHE/S NOT A REC/STERED AREA BUT WILL 1 re r BE PROTECTED BY THE OPERATOR UNTIL SITE INVITATION /S DONE "\�/ %_ \ K ST IvRAIN 5WL874 L --- te It1 ti 1 474p x ii ' LONGHORN �K } i , -, I w \,1 II + 1 I . /+ � ) I + 1 5WL874 1/ zz MAR 26, 2001 - 13:45:53 P.r^TTE SAND & GRAVEL LLC ADEQUACY EXHIBIT 5 WETLANDS MAP ;x , ` \' SAC.IV."::: \ • \ \ P • Pk- '4: 3 pt a met \�\ was rsAA(.uL N .-•-• E'- \\ '\ LRGEND • I. . ,. AMMO Wed/MIME AREA mo Pam uc AREAROADS ‘,6.:;.., \ o1MMrwt,o,a u,[ � t'C 'J7ffijf[5'A$ - BURRED GLUM } :: OM IRRIGATION onawr ortw / OS BRUSH .),#..O..1..,..::::::;::: :- OS Pie/wu • - moar. :::: - t Bu,nws ,1°.'d�Zettlf&:“} i ncvnof Mus / ►`i`�' SHOP a PLANS SITE AREAS s .. r,F, -._. • _ -i, W PRELIMINATY WETLAND STUDY PREPARED BY ERO RESOURCES, INC. MAR 26, 2001 - 13:45:17 , PLATTE SAND & GRAVEL LLC ADEQUACY EXHIBIT 7 1 - ,• . SACLB ROOST YAP A YijpPN p O��Illiyi /'t t I 0' LAKE PI 111111F '1 0280400 i� 0 III�I�(k ilIIII, ��L �� SCALE r=too• .,IIIIIII 111111 O old#I#! T' / cwroua IHT RV s rEE* _,�IIIIIa i.. A III, , ;,�� / / 44 ie i l,I lid I�.,��1 iiillillligir 44'1' �� !� ,,, . I �-- v-,0% - ,� NL ECELK t 4 . _„4. I � . ,TAL A. 3•.:. e Ei 'EA 23.1: Ai Ili Jib' 'Ili i tr4 41r . i 9 \ . r �, .. KE '<r ��.� �� / • A 7 5 AC t elVe -i-4-.% � /�Jr 111 ,' �© _ �r 1 P .\\,... . _________, ,%tf i rigHtLairt--Grt(0,4_t,....::..............:. .f.... .:... tt %� I 11 eez�= I 8I1r 'V ihll; s odll �I loll iiiiiii, ,,i1 .....,-1l.i:M A" Epvfroieit, hc. LARRY E.O'BRIAN 7985 VANCE DRIVE,SUITE 205A FOUNDER ARVADA,COLORADO 80003 • - 303..423-7297 FAX 303-023-7599 March 23, 2001 Ms. Erica Crosby Division of Minerals and Geology r 1313 Sherman St. , #215 Denver, CO 80215 • Dear Erica; RE: Platte Sand & Gravel LLC S&H Mine, Permit # M-2000-158 Continuance of decision date On behalf of Platte Sand & Gravel LLC, I am requesting a continuance of the decision date for this application from Tuesday, March 27, 2001 to Friday, April 6, 2001 . This will give us additional time to complete and resolve the outstanding Adequacy review issues. I expect to have our response to your office by late Monday the twenty-sixth (26) of March. Thanks for your help and if you have any questions call me at 303-423-7297. • Respectfully Submitted, Environment, Inc, :„tg ! Stevan L. O'Brian President cc Platte Sand & Gravel LLC. file STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St.,Room 215 DIVISION OF Denver,Colorado 80203 Phone:(303)866-3567 MINERALS FAX:(303)832-8106 & GEOLOGY ECEIVED N A L C E RMATIO•SAF March 8, 2001 ��/tp,�w( '_ !• 0M9 tow Bill Owens Rocky Hoffschneider � Governor Platte Sand& Gravel LLC ENVIRONMENT INS, Greg E.Welcher P.O. BOX 180 Executive Director Michael 8.Long Littleton,CO 80106 Di rector Director RE: Platte Sand&Gravel LLC,File No.M-2000-158 S & H Mine 112 New Permit Application-Adequacy Review Dear Mr. Hoffschneider, On March 5, 2001,the Division received additional comments from the Division of Wildlife("DOW") regarding the S & H Mine, File No. M-2000-158. Specifically, please include the following comments to the Division's adequacy review letter; 1. The DOW recommends that the applicant be required to establish a detailed monitoring program for review by outside entities (e.g. DOW, U.S. Environmental Protection Agency, U.S. Army Corps of Engineers) to prevent drawdown of groundwater levels in all wetlands,riparian habitat, and cottonwood groves adjacent to the proposed mining activity. The applicants response should correlate with the questions noted by the Division in the February 22, 2001 letter regarding possible impacts to the surface water and groundwater systems,and ways to mitigate such impacts. 2. The DOW recommends a buffer of no less than 0.25 miles around the entire roost site (=0.25-miles from all roost boundaries) and would prefer a buffer of 0.50 miles if the integrity and long-term maintenance of this roost is a priority. In addition,the DOW recommends contacting the U.S. Fish & Wildlife Service regarding the mitigating aspects of disturbing the roost. 3. The DOW recommends surveying the area for the presence of Burrowing Owls (in the area defined on the map). If you have any questions,please do not hesitate to call. Si ere , eAS Erica Crosby Environmental Protection pecialist Enclosure(s) cc: Carl Mount;DMG Stevan O'Brian;Environment,Inc. w/enclosures MAR-.J6 01 13'04 FR[ r1:000W 303 4y6 y!ae TC:513036326106 PAGE:05 STATE OF COLORADO BM Owns,Conn r ..� anuan fT OF NATumLRFBOUR ms •. DIVISION OF WILDLIFE A Ana Amfria OPICRn.an a IRMIR ► OF Ruled Clurthr SRO Broodel O .Cando 00210 For Wildbfr Omar, TAWS=C335) For People Courtney Crawford, District Widl. Mgr. February 7, 2001 Dept. of Planning Services Kim Ogle Weld Count 1555 N. 17 Ave. Greeley, CO 80631 Dear Kim, The Division of Wildlife received the request from your agency for comments concerning case USR-1306, Rocky Hoffachneider development permit and special use permit for a concrete, asphalt and pre-cast batch plant and gravel mining operation in the agricultural zone district. On August 18, 2000 the Colorado Division of wildlife provided comments to Environment tnc. (Steve O'brian)after a visit to the site and verbal explanation by Mr. O'brian of the proposed mining operation. Those comments are attached and we have included add4tional wildlife impact cents after having obtained the written proposal from youroffice. This project proposal lies adjacent to approximately 3 miles of the . South Platte River corridor. The river bottom consists of cottonwood-willow, lowland riparian habitat, providing an abundant and diverse wildlife resource. Some of these include Morning Dove, Ducks, Canada Geese, Herons, Songbirds, Raptors (including Bald Eagle and Great Horned Owl) , Rio Grande Turkey, Fish, Reptiles, Amphibians, White-tail deer, Mule deer, Coyote, Muskrat, Beaver, Striped Skunk and raccoon. The proposal states that the final use iYJ DEPARi1BVT OF NATURAL RESOURCES,Ong E Wrdr.Baas akara r vwtoure COWASSICAL Berard L Hatt Jr,Oral • lick Enema Metdalmei • mo.-1•04•• P.A•-• ., I4 MAR-G6 01 13:el FR0M,CP0W ^ 303-498-9742 ?0:9^- 328106 Fr1GE:66 of this property will be for a wildlife habitat reserve and recreation area. We highly recommend that the river bottom corridor remain undeveloped, retaining the concept of open p space, ' with limited grazing by domestic livestock. Development of the lakes proposed for this property will provide additional aquatic habitat for fish, amphibians, shorebirds, waterfowl, etc., along with the potential for recreation. Some conflicts with wildlife may occur and it is the responsibility of the developer to plan for and minimize human/wildlife conflicts. An active Bald Eagle roost exists about 44 mile below the confluence of the South Platte and the St.Vrain rivers. The eagle roost is located just north of proposed Confluence Lake, on Public Service property. As many as 15-20 Bald Eagles have been observed at this proost as recently as January 31, 2001. I have included data from revious observations to confirm the historical status of this roost. Dense stands of cottonwood trees along with open water provide important habitat for roosting Bald Eagles. It is encouraging to note that Environment Inc. has expressed a desire to leave the river bottom, riparian habitat in its natural state. This is a good start, but we recommend additional protection of the eagle roost site. We recommend that a minimum of 44 mile buffer around the periphery of this roost be provided during the months of November through March. Heavy vehicle traffic due to gravel mining operations or plant site activity in close prnrimity to the eagle roost during this time period would likely result in discontinued use of this historical roost. This buffer must be enforced to • prohibit disturbance over and above normal traffic required to maintain existing ranch and oil well facilities. I have included proposal map #4, indicating the location of the roost and recommended buffer zone. The plant site proposal appears to be in a satisfactory location. However, it is recommended that the Plant site not be allowed any closer to the river bottom in order to minimize disturbance to the abundant and diverse wildlife species that depend on lowland riparian habitat for survival. In addition to the cottonwood forest along the river bottom, several, single or pairs of large cottonwood trees exist within the proposed lake development boundaries as shown on maps presented with this proposal. The Meadow Lake proposal contains several of these trees and it appears they will be removed during mining operations. A cluster of three cottonwoods exists, midway, .along the east boundary of Meadow Lake. Approximately 34 mile west of these trees are 4-5 additional large cottonwoods. All provide daily hunting perches for Bald eagles and other raptors in conjunction with the surrounding prairie dog colony. In addition, raptor nesting is evident in several of these large solitary cottonwoods. With slight variation in shoreline configuration of the proposed lakes development, some of these cottonwoods could be maintained in their natural state and continue to provide roosting, perching and nesting habitat along with associated prey species for eagles and other birds of prey. Prairie dog colonies exist within the proposed gravel mining development. These colonies are important prey species for raptors and ground predators and provide habitat for a variety of wildlife including Burrowing Owls. Legal options for Prairie Dog removal include humane euthanasia or trapping and transplanting. Prairie Dog trapping and transplanting efforts must be approved by the Colorado Division of Wildlife. Bulldozing active Prairie Dog - colonies is not an acceptable method of removal. Prairie dog colonies also provide habitat for Burrowing Owls. Burrowing Owls are protected in Colorado and are listed as a threatened species. Burrowing Owls migrate south during winter months but they rely heavily on Prairie Dog burrows for nesting habitat from April 1 - August 31. Construction work during this time period would require a biological survey for the presence of Burrowing Owls. The Division of Wildlife appreciates the opportunity to review and comment on this project proposal. If you or the developer have any questions concerning these comments, please contact me at 970-339- 5208. Sincerel 9 Co` urt6y C wford District Wildlife Manager CC Dave Clarkson, Area Wildlife Manager Mike Sherman, Field Habitat Biologist MFR-06 01 13:F3 FROM:CDOW 303-490-9742 TO:$43038328106 PRGE:Oa STATE OF COLORADO 8111 Owens,Governor Og'�O DEPARTMENT OF NATURAL RESOURCES - ?.. DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER J` -- +► Russell George,Director OF 6080 Broadway Denver,Colorado 80216 For Wildlife- Telephone:(303)297-1192 For People March 5,2001 Carl Mount Division of Minerals & Geology 1313 Sherman Street Room 215 Denver, CO 80203 Re:Platte Sand&Gravel LLC, S &H Mine,File No.M-2000-158 Dear Mr. Mount: The following constitute the comments of the Colorado Division of Wildlife. Mike Sherman (Field Habitat Biologist) and Courtney Crawford (District Wildlife Manager) have reviewed this Reclamation Permit Application Consideration and made field visits to the proposed mine site on June 5. 2000, January 31, 2001, and February 6, 2001. We were accompanied on the first visit by Steve O'Brian, Environment , Inc., and on the second visit by Jerry Craig, research scientist and raptor specialist for the Colorado Division of Wildlife. The Division of Wildlife continues to maintain those concerns stated our letter to Steve O'Brian(August _ 18, 2000) and included in the Reclaimation Permit Application Consideration. I have attached to this letter another letter written by Courtney Crawford to Weld County Dept. of Planning Services (February 7, 2001)regarding this project and wish you to also consider these comments and recommendations. In addition, we have further concerns and recommendations as follows. It is our understanding that a dredge and fill permit (404) is not required at this time because no jurisdictional wetlands will be impacted. However, the proposed mining activity will take place adjacent to existing wetlands, high quality riparian habitat, and mature cottonwood groves. We are concerned about the potential to negatively impact these surrounding habitat types from the drawdown of groundwater levels in the vicinity. We are particularly concerned about the possible impact to mature cottonwood trees growing along the length of the South Platte River because of their historical and current use by the federally listed (threatened)Bald eagle. We are particularly concerned about the 3. �' possible impact to wetlands and riparian habitat because this is potential habitat for the federally listed (threatened)Prebic's meadow jumping mouse. Note there is a historical record for this species within r• Zc close proximity to the project area. We hghly recommend that the applicant be required to establish a E-E 4: detailed monitoring program for review by outside entities (e g_Division of Wildlife, 111S. Environmental Protection Agency U.S. Army Corps of Engineers)to prevent drawdown of groundwater levels in all wetlands, riparian habitat, and cottonwood groves adjacent to the proposed mining activity. I have enclosed a map marking the location of the Bald eagle winter roost which stretches along the DEPARTMENT OF NATURAL RESOURCES,Greg E.Welcher,Executive Director WILDLIFE COMMISSION,Bernard L.Black,Jr.,Chairman • Rick Enstmm,ViCeChakrnan • Philip James.Secretary Members.Tom Burke • Mark LeValev • Marfnna Raf000ulos • Robert Shoemaker • Ofwe Valdez :1 MRR-06 01 13:03 FROM:CDOW 303-498-9742 TO:yy3038328106 FRGE:03 South Platte River for about 0.5 miles upstream and about 0.5 miles downstream of the confluence with the St. Vrain Creek. Bald eagles are primarily using mature cottonwood trees along the east banks of the river as a roosting site. Winter roosts may change annually and all trees within a given roost may not be used each year. The Division of Wildlife has annual observations of this roost since 1997 and recorded up to 28 individual birds in the roost at one time occurring in mature cottonwood trees within the marked roost. This is a significant roost considering its size and historical use and continues to be very active in 2001. We strongly recommend a buffer of no less than 0.25 miles around the entire roost site (=0.25 miles from all roost boundaries) and would prefer a buffer of 0.50 miles if the integrity and long- term maintenance of this roost is a priority. 0.50 miles will assure protection from disturbance of this roost. We recommend contacting the U.S. Fish & Wildlife Service regarding the mitigation aspects of disturbing this roost site. It has come to our attention that Burrowing owls have been observed by surrounding landowners in past years on a portion of the proposed mining site. This area has been marked on the enclosed map and we recommend surveying for the presence of this species this spring and our previous recommendations adhered to. The Division of Wildlife appreciates this opportunity to comment on this mining project. If you have any questions, please contact me at (970)472-4435. Thank you. Sincerely, Scott Hoover, Acting NE Regional Manager by Mike Sherman, Field Habitat Biologist Cc: Rick Moss,NE Senior Habitat Biologist, CDOW Dave Clarkson, Area Wildlife Manager, CDOW Courtney Crawford,District Wildlife Manager,CDOW Jerry Craig, Senior Research Biologist, CDOW FP-06 01 13:08 FR0I4:CD0W 303-498-9742 TO:303 423 7599 PAGE:04 r t�._,. . ''''',.7. / if .rte .\ S.? CtN `-_: .- ' -.1t. .. -? _----- J / 27 ri / ' . p., �. 6 r r,A e)1�17 '. :.�_ t., Q/ -At "Y.I / i .. 2 / • / / 4 4 11 / .17s� WCII YY T , �� 1, s, ., o /. 'Ia G .' -,? 1, q. .. '1� :has / -. t : . a IS 0/ ,f,., , W i,N Roost" l girl -� % ' _ 164. ,•..r \ , h:.es by Cp© W s,, 194 &oil fir, 35 .,673s / /72 \\ ,11 . .. .'`VW.Il 1770 / ? 11. 1 ) I /7 I 47. / I 0°. i J 3 J . 2 ' • If -,.0 4 • \• 1 I •'10. a. I 4511.1. 3 . I i 3 • 2 'r 1• / • 7M /1W "":_dFE!I III ; ail e. r •�,1v.� VICINITY MAP - EXHIBIT - B-1 _. . . -. . ?., •'• ` rt•Arr sANU & GRAVh:I. I.LC �_ .f • S & H11�iuc L9 / 11 lO YAM Id Se UI cTion. :IIY.. AOL. O"0T .-r 1...11,1pr... ! I 1`.YrYj or f:l 1:MIN �i. 1 •1 N. !l �./ '/I %.I.V .. .I I!i rll /..4.4, 1 �fi.T T.nm C. 13 N. h• , ' w. ..I r..r nu. r r WC..C. CC.....4n. 1..LIIVI.&C,i. 2 lb I -ENr of DEPARTMENT OF THE ARMY t4 CORPS OF ENGINEERS, OMAHA DISTRICT ., Q '' • y -7 M DENVER REGULATORY OFFICE. 9307 S. PLATTE CANYON ROAD ' LITTLETON. COLORADO 80128-6901 t✓ %i%� �' REPLY TO January 2, �l c h4R00,/�" ATTENTION OF: I Dun ty Punning Deft. Mr. Kim Ogle JAN 08 2001 Weld County Department of Planning Services �� Weld County Planning Department EB p 1555 N. 17th Avenue ED �/ Greeley,Colorado 80631 RE: Rocky floffschneider(Platte River Sand and Gravel,LLC),USR-1306 Corps File No. 200180011 Dear Mr. Ogle: • Reference is made to the above-mentioned project located in portions of Sections 23, 26, 34 and 35,Township 4 North, Range 67 West, and portions of Section 2,Township 3 North, Range 67 West, Weld County, Colorado. During a December 28, 2000 site meeting with Mr. Rocky Hoffschneider, Mr. Terry McKee of this office discussed Department of the Army permitting requirements and wetland issues pursuant to Section 404 of the Clean Water Act. If any work associated with this project requires the placement of dredge or fill material, and any excavation associated with a dredged or fill project, either temporary or permanent, in waters of the United States which includes ephemeral, intermittent and perennial streams, lakes,ponds or wetlands at this site,this office should be notified by a proponent of the project for proper Department of the Army permits or changes in permit requirements pursuant to Section 404 of the Clean Water Act. If there are any questions concerning this matter please call Mr.Terry McKee of this office at 303-979-4120 and reference Corps File No. 200180011. Sincerely, Tim. y . are Chie , • nv r Reg. - o 'Office tin STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St., Room 215 DIVISIONnMINERALS Denver,Colorado 80203 Phone:(303)866-3567 FAX:(303)832-8106 RECEIVED / 4C- February 22, 2001 FEBB 22 2001 Bill Owens vY Governor Rocky Hoffschneider Greg E.Walther Platte Sand & Gravel LLC ENVIRONMENT INC. Executive Director P.O. BOX 180 Michael 8.Long Littleton, CO 80106 Division Director RE: Platte Sand& Gravel LLC, File No. M-2000-158 S & H Mine 112 New Permit Application-Adequacy Review Dear Mr. Hoffschneider, Listed below are adequacy review comments for the S & H Mine New 112 Permit Application, File No. M-2000-158. The Division of Minerals and Geology ("Division") is required to make an approval or denial decision no later than March 27, 2001, therefore, your response to the following adequacy review concerns should be submitted to the Division as soon as possible. 1. As required by Rule 1.6.5 (2), please submit the proof of publication of the public notice circulated in the local newspaper and all owners of record of surface lands, and easement holders that are on the affected land and within 200 feet of the boundary of the affected land. Proof of notice may be return receipts of a Certified Mailing or by proof of personal service. Rule 6.4.3 Exhibit C- Pre-Mining and Mining Plan Map(s) of Affected Lands 2. Exhibit C-1 is defined as the Mining Plan Map. The map legend indicates that mining and reclamation will affect the entire permit area. This includes portions of the South Platte River, oil wells and associated gas lines. Please revise the map to show the limits of excavation,and the areas that will be avoided taking into account off set distances from the South Platte River, irrigation ditches and permanent man made structures. Rule 6.4.4 Exhibit D- Mine Plan 3. On Page 4, the applicant states that any change in the final configuration of a lake will be addressed in the annual reclamation report. Please be aware that changes in the reclamation plan will need to be addressed as an amendment or revision to the permit, and not just submitted in the Annual Reclamation Report. Please refer to Rules 1.1(6) and 1.1(49) for what may constitute an amendment or a revision to the permit. 4. On page 5 of the application, it is stated that 831.11 acres of the 1,239.4 acres will be mined. If you add up the disturbed area (768.32 lake area + 64.17 reclaimed area + 12.75 roads) the total affected land is 845.24 acres. This amounts to a difference of 14.13 acres. This would also indicate an undisturbed area of 408.29 acres (1,239.4 - 831.11) rather than the 394.16 as stated in the permit. In addition, the lake areas noted on Exhibit F add up to 1,239.22 acres indicating that the entire permit area may be disturbed by the mining operation. Please clarify these discrepancies. 5. On Page 6 of the application, it is stated that the Highlands Lake area can be mined without exposing groundwater. Please indicate to what depth this material will be mined to ensure 2 feet of material overlays the groundwater table at its highest level during the year. 6. The application contains conflicting information regarding the depth of the material to be mined. Please indicate if the pits will be mined to a depth of 45 feet or 60 feet. In addition, please identify the nature of the stratum immediately beneath the material to be mined. 7. The applicant states that the shop area will remain when mining ends. Please describe the facilities associated with the shop area and include the structures on the Mine Plan Map. In order for the Division to approve a mining related structure as part of the postmining land use, the following items must be submitted and approved by the Division; • A description and location of the structure to remain on site and how leaving such structure will achieve the requirements of the postmining land use of recreation and wildlife habitat. • The location of the building must be located on the reclamation plan map. • A letter from Weld County that states the building may be left in place and meets the zoning requirements and the approved postmining land use. • A notarized letter from the landowner requesting the building to remain in place to achieve the end land use. 8. The applicant depicts a Plant Site that will encompass 15 acres. Please describe the facilities that will be located on the plant site. If the Plant Site contains an asphalt batch plant, a concrete batch plant and/or a concrete casting facility it must be clearly stated in the application. The facilities will need to be specified in the permit, located on a map, and include a plan to ensure surface water and groundwater will not impacted. If the applicant intends to move such facilities, it may require a revision to the permit (depending on the new location). In addition, the bond estimate will need to reflect a cost for removing such structures. Please revise the permit accordingly. 9. Please specify the dimensions of any existing or proposed road(s) that will be used during the mining operation. Describe any improvements necessary on existing roads and the specifications to be used in construction of new roads. New or improved roads must be included as part of the affected acreage. In addition, please describe any associated drainage and runoff conveyance structures to include sufficient information to evaluate structure sizing. 10. The applicant states that it may become practical in the future to line the lake areas, making storage reservoirs of some of them. Please be aware that lining the lakes into water storage reservoirs will change the postmining land use, and will require an amendment to the permit. 11. The applicant states that at some point in time it may be necessary to mine the area as a dry pit. The applicant will need to identify those portions (and acreage) of affected land that will be dewatered 2 and dry mined and those portions (and acreage)that will be wet mined. Please depict these areas on the applicable map. 12. In conformance with Rule 6.4.4(c), the Division requests that the applicant clarify the water management system to be used in the processing of pit run material. Any fresh water ponds, recirculation ponds, clarification or siltation ponds to be used should be described and also shown on the mine plan map. Also, any measures to be taken in or near the active dredging operation to minimize siltation of the exposed groundwater should be described. Rule 6.4.5 Exhibit E- Reclamation Plan 13. The applicant provides a number of mining setbacks from the river and permanent man made structures. All mining setbacks will need to be field marked to ensure the setbacks are maintained. Please commit to field locating all mining setbacks. 14. The proposed reclamation plan includes recreation as a post mining land use and swimming beaches are specifically mentioned. The Operator should be aware of the requirements of Rule 3.1.5(7) that slopes shall be no steeper than 5h : 1v throughout the area proposed for swimming. The application should designate areas where swimming beaches will be constructed or at least provide a material volume estimate for creating a certain number of acres of 5h : lv slopes so that the reclamation cost for the additional backfilling can be incorporated into the bond. 15. On Pages 12 and 16 of the application, it states that inert material may be imported for reclamation purposes. In order for the Division to approve imported material to be used on site, the applicant must comply with the requirements of Rule 3.1.5(a)to (f). 16. On Page 16, the applicant states that settling ponds will be constructed on the site to collect water from washing. Please locate these ponds on a map, describe the dimensions of the pond, describe any impacts to the surrounding surface water and groundwater systems and state how the ponds will be reclaimed. 17. The NRCS letter recommends mulching the area with 3,000# to 4,000# of native hay or clean, bright, weed free straw. The applicant did not include mulching the area in the reclamation plan. Please address, and revise the application accordingly. Rule 6.4.7 Exhibit G- Water Information 18. Rule 6.4.7(3) requires that the applicant provide an estimate of the project water requirements including flow rates and annual volumes for the development, mining, and reclamation phases of the operation. This would include volumes of evaporative loss expected during maximum pit disturbance as well as during final reclamation. Please address. 19. In conformance with Rule 6.4.7(4), the applicant will need to clarify the water rights currently held by the applicant that will be available to supply the operational needs identified in Item 19 above. 20. The applicant states in Exhibit G, page 19 that there are 12 water wells on site and that these wells are owned by the surface owners of the proposed operation. The applicant should provide evidence 3 of the ownership of such wells and document the location and ownership of any wells located within 600 feet of the permit area. In the event there are other wells located within 600 feet of the permit area, the applicant is encouraged to provide a map showing the location of such wells and groundwater users. 21. The applicant states that internal ditches located on Tom Sharkey's property will be relocated or abandoned. Please indicate which ditches will be removed and which ditches will be relocated. Please provide engineering designs for the relocated ditches and provide a revised map to show their proposed relocations. The operator will also need to provide written consent from the owners of the various ditches for their removal and/or relocation. 22. On Page 9 of the application, the applicant states that provisions will be made to keep the irrigation waste ditch open that runs through the Highlands Lake, Buffs Lake and Lake St. Vrain. The Division was unable to locate this ditch on the map. Please locate this ditch on the appropriate map and state the provisions that will be made to keep the waste ditch open. Please be aware that if mining occurs within 200 feet of the ditch, the applicant must demonstrate compliance with rule 6.4.19. Specifically, provide a notarized agreement between the applicant and the persons having an interest in the structure or an engineering evaluation that demonstrates that the structure will not be damaged by mining. 23. As required by Rule 6.4.7(b), please identify all known aquifers that may be directly or indirectly affected by the proposed mining and reclamation activities at the S & H Mine operation. The applicant should also characterize the geology and depths of the aquifers as well as pertinent aquifer characteristics, if known. 24. The applicant has stated on Page 16 of the Reclamation Plan that the operator does not expect prevailing hydrologic conditions to be disturbed. However, the applicant also states that both wet mining and dry mining/dewatering methods will be used. The extent of each mining method is unknown at this time. Therefore, there is insufficient information at this time to verify that there will be no adverse impacts to surface and groundwater systems in the affected land and surrounding areas both during and after the mining operation and during reclamation. In accordance with Rule 6.4.7(2)(b), the Division requests that the applicant identify and characterize the aquifer to be mined in or through. The Division also requests that the applicant define or predict the cone of depression expected for any areas to be dewatered and dry mined during the life of the operation. The cone of depression assessment should define, at a minimum, the horizontal and vertical extent of drawdown expected. If during the assessment, the applicant determines that a drawdown will occur offsite that may impact a current groundwater user, the applicant should explain any mitigation measures to be implemented and trigger points that would put mitigation measures into effect. 25. One of the concerns expressed by an objector is flood control and the potential for offsite impacts related to flooding. Although no such information was provided in the application, it appears that most if not all of the 1239.40 acre site lies within the 100-year floodplain (and possibly within the 10, 25, & 50-year floodplains) of the South Platte River. In the event of a significant flood event (10-year flood or greater) it is likely that the existing pits and/or reclaimed lakes will be captured by the South Platte River. Accordingly, the Division requests that the applicant provide the flood 4 elevations(s)to be expected under a"worst case" flooding scenario and specific mitigation measures that will be implemented to minimize the potential for any offsite impacts. Mitigation measures might include mining dry pit slopes at a maximum of 1:1, installation of flood control spillways within the reclaimed lakes, installation of drainage pipes within the internal berms separating pits and/or armoring reclaimed pit slopes in close proximity to the South Platte River with erosion control riprap. Legible copies of the Flood Insurance Rate Maps ("FIRM") through the mine reach would facilitate the Division's review. 26. The application specifies 200-foot setbacks from the existing top-of-bank of the South Platte in certain sections of the mine reach, and 300-foot setbacks from the existing centerline of the river in areas where mature trees are growing. It was observed during the Division's pre-operational inspection of the proposed S & H Mine that sections of the riverbank through the mine reach are subject to active erosion and bank cutting. The Applicant is careful to specify that the proposed setbacks are based on the current position of the river. The application indicates that encroachment of the river on the pit as a result of bank cutting is likely to occur over time. The Division recognizes that the Applicant is not responsible for the current bank cutting, that stabilization of the riverbank is not the Applicant's responsibility, and that stabilization may even have an adverse effect on the dynamics of the stream system. However, if the river eventually cuts into the gravel pits, adverse impacts to the riverbanks upstream and downstream may result, impacts that would not occur if the pits were not excavated. The Urban Drainage and Flood Control District, which regulates the South Platte River south and west of the S & H Mine, has determined that 400 foot setbacks from the top-of-bank are adequate to protect the integrity of the river without mitigation required. The Applicant may want to increase the setbacks to 400 feet or provide an analysis of potential flooding impacts and a plan for mitigation as discussed in item 26 above. If flood mitigation plans are to be prepared, they must specifically address the potential for erosion of the lateral berms that will carry gas/oil pipelines during mining and following reclamation. 27. The application provides no specifics on topsoil and overburden stockpile configurations and locations. The Division recognizes that the Applicant is making a commitment to concurrent reclamation that will minimize the amount of topsoil and overburden that will be stockpiled at any given time. However, since the pit is in the floodplain the Division is concerned with the stability of the topsoil and overburden piles during a flood event. The Applicant should provide additional information on the stockpiles including an estimated maximum volume of topsoil and overburden to be in stockpile at any time during the life of the operation. The Applicant should further commit to stockpiling material away from areas where the deepest and highest velocity flooding can be expected and should align the stockpiles as windrows with the direction of floodwater flow paths. Review of FIRM for the mine area would be useful in this regard. Reference: Urban Drainage and Flood Control District, "Technical Review Guidelines for Gravel Mining Activities,"December 1987. Rule 6.4.8 Exhibit H- Wildlife Information 28. The applicant used the NRCS "general guideline" for the proposed seed mixture, which consists of Blue Grama, Side Oats Grama, Western Wheatgrass and Intermediate Wheatgrass. The Division of Wildlife ("DOW") also recommended a seed mixture for the wildlife habitat area consisting of Tall Wheatgrass, Intermediate Wheatgrass, Reed Canary Grass, Indian Rice Grass, Great Basin Wild 5 Rye, Switch Grass, Ladak alfalfa and Yellow and White sweet clovers. Since a portion of the postmining land use is wildlife habitat, it would be justified that the applicant would use all or a portion of the seed mixture recommended by the DOW. In addition, the applicant will need to delineate on the map the two postmining land uses of recreation and wildlife habitat. 29. In addition to a different seed mixture, the DOW recommends that trees and shrubs be replaced on a one-for-one basis, construct the ponds to irregular shapes, include small islands in the ponds and establish sloes no steeper than 8H:1 V or I OH:1 V. Please respond to these recommendations made by the DOW for areas that will be reclaimed to wildlife habitat. 30. The DOW identified an active bald eagle nest adjacent to the confluence of the St. Vrain Creek and South Platte River. Please be aware that the applicant is required to follow all County, State and Federal Laws regarding threatened or endangered species. Rule 6.4.10 Exhibit J- Vegetation Information 31. On Page 15 of the application, the applicant states that wetlands may be present on site. In addition the letter from Norman J. Wells, Jr. of the Natural Resource Conservation District ("NRCS") states that there are other small wetlands scattered throughout the property as evidenced by the vegetation. The applicant will need to locate all existing wetlands on the appropriate map, and explain any wetland areas that will be avoided. In addition, the applicant will need to supply the results of any wetland surveys conducted throughout the 1239.40-acre site. Rule 6.4.12 Exhibit L- Reclamation Costs 32. The Division will estimate the cost to reclaim the site once the applicant addresses the concerns noted in this letter. Rule 6.4.13 Exhibit M- Other Permits & Licenses 33. The applicant indicates in Exhibit G, Page 19 that a temporary substitute supply plan and/or augmentation plan as well as other permits may be required by the Office of the State Engineer ("OSE"). In the absence of such approvals prior to the Division's decision due date, the applicant may elect to commit to no exposure of groundwater at the site until all necessary permits and approvals have been secured by the OSE. Please address. 34. The applicant indicates in Exhibit G, Page 19 that there may be minor wetlands or jurisdictional wetlands on site that may be mined through and that the necessary approvals from the Corps of Engineers will be obtained prior to mining in such areas. In the event that any jurisdictional wetlands are noted in Exhibit J- Vegetation Information, the applicant may be required to obtain a 404 Permit prior to mining in such areas. Any required U.S. Army Corps of Engineers permits may be incorporated into the DMG mining and reclamation permit, via technical revision, following review and approval from the Corps of Engineers. 6 Rule 6.4.14 Exhibit N- Source of Legal Right to Enter 35. Please be aware that easement holders of property throughout the permit area need to meet the same requirements as the surface owners. Specifically, easement holders need to be identified on a Map, provide documentation of legal right of entry into the easement property, and notify all easement holders within 200 feet of the affected area of the mining and reclamation activity. 36. The Division received two letters from easement holders regarding the proposed operation from Patina Oil & Gas Corporation and from HS Resources, Inc. Please respond to the concerns noted in the two letters and submit documentation regarding the applicant's legal right to enter and mine through the easements. Rule 6.4.19 Exhibit S- Permanent Man-Made Structures 37. The Division received a letter from the Colorado Historical Society stating that two sites, 5WL870 and 5WL814 are located within the boundaries of the proposed gravel pit, and one is in the process of being listed on the State Register of Historic Places. Please address how these structures will be protected from the mining and reclamation plan as required by Rule 6.4.19. 38. The application in Exhibits D and E describes setbacks from property boundaries and structures, particularly gas/oil wells and pipelines. However, in Exhibit S the application states that no mining will occur within 200 feet of any structures until the Applicant demonstrates that mining will not affect them or until an agreement is reached with owners of structures to allow mining within 200 feet. If agreements are forged with persons having an interest in the structures, and the agreements are drafted in the format required by Rule 6.4.19 and Section 34-32.5-115(4)(e), C.R.S., the Division's concerns will be satisfied and the setbacks specified in the agreements will be approved. If agreements cannot be reached with persons having an interest in the structures, Rule 6.4.19 provides the option for the Applicant to prepare an engineering evaluation demonstrating that the proposed mine plan will be protective of the structures. The application states that the depth of mining will be on the order of 45 feet and up to 60 feet. Where setbacks are discussed, a distance of 25 feet from gas/oil wells and pipelines is specified. If actual dredge mining or conventional mining were to occur up to a 25-foot setback line with a near vertical 45 to 60 foot mine face, the integrity of the structure to be protected would be threatened. The Division will not accept a 25-foot setback from the mining face to critical structures for a pit depth of 45 to 60 feet unless an acceptable engineering demonstration of stability is provided. The application appears to address this issue in Exhibit D where it is stated that: When a dredge is used the native materials tend to sluff off the banks and assume an angle of repose of 2% h to Iv. This happens because the material in this area is unconsolidated and vertical slopes can not be maintained as mining occurs. This means that to maintain a setback of 100 feet when the gravel is 60 feet thick that mining line has to be no less than 75 feet inside the setback lines to allow for the sloughing. 7 The slope configuration and geometry discussed in the above quote are illustrated in the following diagram: 5 g 5 D 75 ft.setback to y 100 ft.to protected accommodate sloughing structure or boundary water line H +____________ r € f fk l 4 slough block `'r1' 7 # r" k 11‘42'•7� �,i�, a^ r, -; %, topsoil r px,�i e tE ay .d .. ₹ s � t x • 5 b... �s sand and gravel sloughed I/////I/.006:\1,0•\\\'////tent/w\\\t\t\\\' wNNA.1O.OO.\\itettnIIIalcsk\N\\t\‘I bedrock As illustrated above, dredge mining would cease when the dredge approaches within 175 feet of the structure or boundary from which the setback is established. Similarly, in the case of a 25-foot setback, as proposed for the gas/oil pipelines, and if the pit depth is again 60 feet,the mining limit would be 100 feet from the protected structure or boundary. This approach to the establishment of mining setbacks can be described by the following expression: (setback distance)+11.25 x(pit depth))=distance mining may occur from a protected structure or boundary �^ This approach to the establishment of setbacks is conservative and is acceptable to the Division without any further analysis required by the Applicant. However, this type of requirement may tend to create complications for the pit operator in the long term. If the pit foreman and other essential 8 personnel are not fully aware that the mining limits are established by a formula depending on maximum mining depth, inadvertent non-compliance with the reclamation permit may result. The Division suggests that the Applicant establish the mining limits in advance based on the bore hole data and anticipated mining depths throughout the pit, commit to the mining limits so established, and mark the mining limits in the field in advance of dredge mining at the pit perimeters. In other words, make the mining limit, as it is labeled in the above diagram, an enforceable permit requirement that is clearly described and illustrated in the application. In summary, the application discusses two approaches to protection of structures within 200 feet of the affected land: (1) obtain agreements with persons having an interest in the structures, (2) setback a specified distance from critical structures and boundaries assuming that the pit walls will slough to 2'h h : 1 v. Either approach is acceptable to the Division, but the setbacks required must be clear, unambiguous, and enforceable. It is further noted that topsoil salvage must be completed in advance of mining assuming that the pit slopes will slough as depicted in the foregoing illustration so that topsoil is not lost by sloughing into the pit(Rule 3.1.9(1)). Other Issues 39. The Division received a letter from the Department of the Army, Corps of Engineers, the State Engineers Office, and the Colorado Historical Society (see item #37) regarding the S & H Permit Amendment. Attached are copies of the letters. Please address accordingly. 40. The Division has received a number of objections to the new permit application. All letters have been sent by fax to the applicant and the consultant. Copies of the letters are attached. The concerns of the objectors have been incorporated into the Division's adequacy review questions. Under the Construction Material Rules and Regulations, if objections or concerns of a 112 Application or Amendment are received, the Division is required to hold three public meetings. The three meetings are described below. • Informal Conference (Rule 1.4.6) The purpose of the informal conference is to identify all parties to the proceedings and formal Board Hearings, determine what issues have been resolved (if any), and if there are additional issues, identify the issues that the Board, by statute, have jurisdiction to address, and explain the hearing process. • Pre-hearing Conference (Rule 2.7) The Pre-Hearing Conference will be presided over by the Pre-Hearing Conference Officer. The Pre-hearing Conference Officer is appointed by the Mined Land Reclamation Board. The purpose of the Pre-Hearing Conference is to draft a hearing order that lists issues the full Board should consider, lists the witnesses and evidence to be presented by parties, lists the parties that will participate, determine the amount of time afforded each party, and to resolve any other issues that the Pre-hearing Conference Officer determines is appropriate. • Formal Board Hearing (Rule 2.8) The Board will conduct the Hearing according to the provisions of the adopted hearing order, the Administrative Procedures Act, Section 24-4-105, Colorado Revised Statutes (C.R.S.), and the Colorado Code of Regulations, 2 CCR 407-4, 9 Section 2.8. The Formal Public Hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. or as soon thereafter as the matter can be considered. The Division will contact the applicant, objectors and other interested persons regarding the meeting dates and time. Please be advised that the S & H New 112 Permit Application may be deemed inadequate, and the application may be denied on March 27, 2001 unless the above mentioned adequacy review items are addressed to the satisfaction of the Division. If you feel more time is needed to complete your reply, the Division can grant an extension to the decision date. This will be done upon receipt of a written waiver of your right to a decision by March 27, 2001 and request for additional time. This must be received no later than the deadline date. If you have any questions, please do not hesitate to call. Sincerely, C/t) 69 Erica Crosby Environmental Protection Specialist Enclosure(s) cc: Carl Mount; DMG Stevan O'Brian; Environment, Inc. r 10 06.1.044 Q .... .-�, fir( Cj COLORADO DIVISION OF MINhatALS AND GEOLOGY : �, V* MINERALS R'`3UI S PRROGINSPECTION P SECT 7 IONREP�cEIvED /876 r FEB 16 2001 ENVIRONMENT INC. The Division of Minerals and Geology has conducted an inspection of the mining operation noted below. This report documents observations concerning compliance of the mining operation with the permit and the regulations of the Mined Land Reclamation Board. The report notes 1) Areas of successful compliance; 2) Problems and suggested corrective actions and/or 3) Possible violations to be considered for possible enforcement action by the Mined Land Reclamation Board. OPERATORS SHOULD READ THIS REPORT CAREFULLY BECAUSE IT MAY REQUIRE CORRECTIVE ACTION AND/OR RESPONSES TO THE DIVISION IN ORDER TO AVOID CONSIDERATION OF POSSIBLE ENFORCEMENT ACTION BY THE MINED LAND RECLAMATION BOARD. MINE NAME: S & H Mine OPERATOR: Platte Sand & Gravel, LLC COUNTY: Weld ,^ MINE : SDG TYPE OF OPERATION: 112/ Surface INSPECTOR(S) : ESC y bill S MINE ID # OR PROSPECTING ID #: M-200- 8 INSPECTION DATE 02/13/01 DATE OF COMPLAINT NA INSPECTOR'S INITIALS ESC TIME OF DAY (MILITARY) 10:30 INSPECTION TYPE CODE") PR POST INSP. CONTACTS"' NO JOINT INSP. AGENCY CODE"' NO REASON FOR INSP. CODE") IE WEATHER CODE") CR OPER. REP. PRESENT Steve O'Brian,Rocky Hoffschneider,Tom Sharkey 1. INSPECTION TYPE CODE - [CL-IN: IL=Illegal Operation, MI=Monitoring, MP=Mineral Prospect, SI-Surety-related, PR-Pre-operation] 2. POST INSPECTION CONTACTS AND JOINT INSPECTION AGENCY CODE - (CL-AG: NO-None, BL=BLM, CHColo. Dept. Health; CL-Land Board, CT=Citizen; CN=Wildlife, FS-Forest Service, HN=Hwy. Dept., LG-Local Government, SE=State Engr.] 3. REASON FOR INSPECTION CODE - [CL-RS: AG-Other Agency Request, CT=Citizen Complaint, IE=Normal IRE Program, HP=High Priority, PY=Priority] 4. WEATHER CODE - (CL-WE: CL-Cloudy, CR=Clear, IN=Inclement - prevented inspection, RN=Raining, SN=Snowing, WD=Windy] This list identifies the environmental and permit parameters inspected and gives a categorical evaluation of each. IF PB OR PV IS INDICATED, YOU SHOULD READ THE FOLLOWING PAGES CAREFULLY IN ORDER TO ASSURE COMPLIANCE WITH THE TERMS OF YOUR PERMIT AND APPLICABLE RULES AND REGULATIONS. If PV is indicated, you will be notified under separate cover when the Mined Land Reclamation Board will consider possible enforcement action. GENERAL INSPECTION TOPICS (AR)RECORDS Y (FN)FINANCIAL WARRANTY NA (RD)ROADS Y (HB)HYDROLOGIC BAT.ANCE Y (BG)BACKFILL & GRADING NA (EX)EXPLOSIVES NA (PW)PROCESSING WASTE/TAILINGS. . NA(SF)PROCESSING FACILITIES NA (TS)TOPSOIL Y(MP)GENL MINE PLAN COMPLIANCE. . Y (FW)FISH & WILDLIFE Y (RV)REVEGETATION. . . . NA (SM)SIGNS AND MARKERS - Y (SP)STORM WATER MGT PLAN Y (SB)COMPLETE -INSP . . . Y , (ES)OVERBURDEN/DEV. WASTE NA (SC)EROSION/SEDIMENTATION . . . NA (RS)RECL PLAN/COMP . . NA ' (AT)ACID OR TOXIC MATERIALS NA (OD)OFF-SITE DAMAGE NA (ST)-STIPULATIONS . . . . NA Y=Inspected and Found in Compliance PV-Inspected and Possible Violations Noted PB=Inspected and Problems Noted N = Not Inspected NA = Not Applicable WHITE - PUBLIC FILE YELLOW - OPERATOR PINK - CORRESPONDENCE FILE ,.--- (Page 2) MINE ID # OR PROSPECTING ID # M-.2000-158 INSPECTION DATE 02/13/01 INSPECTOR'S INITIALS ESC OBSERVATIONS This was a pre-operation inspection of the S & H Gravel Mine conducted by Erica Crosby and Tom Schreiner of the Colorado Division of Minerals and Geology. Steve O'Brain (consultant) , Rocky Hoffschneider (operator) , and Tom Sharkey (landowner) were present during the inspection. Weather conditions on site were clear and cool. Platte Sand & Gravel, LLC. filed a complete 112 Construction Materials Application with the Division on December 27, 2000. The applicant proposes to mine sand and gravel from a 1,239.4- acre permit area. According to the applicant, 832.49 acres will be mined, and 394.16 acres will be undisturbed. The Division's decision due date is set for March 27, 2001. The mine site is located approximately 2.5 miles northwest of the Town of Platteville in Weld County, Colorado. The site is immediately east of the South Platte River. .. Surface and mineral ownership is privately owned by Thomas Sharkey and Krystal Hoffschneider. The site is currently used for cattle ranching and farming. Structures within 200 feet of the affected area were identified on the Pre-Mining and Mining Plan Map (Exhibit C) and during the site inspection. Such structures include houses, fences, water wells, oil wells, oil tanks & associated structures, gas collection lines, internal ditches, the Western Mutual Ditch, roads, stockponds and powerlines. The applicant has proposed a number of mining off set distances from various structures, such as the oil wells, pipelines, ditches, two houses, powerlines, roads and water wells. The Division is currently reviewing the proposed off set mining distances, and concerns will be noted in the Division's adequacy review letter. It should be noted that internal ditches and water wells within the permit area and within 600 feet of the affected land were not included on the Exhibits. Very little topsoil was noted on portions of the site. The applicant will salvage existing topsoil and respread the material to a depth of 6." Topsoil stockpile areas will need to depicted on the map, and placed safely away from the River. The proposed postmining land use is developed recreation and wildlife habitat: A majority of the site is within the 100-year flood plain. The applicant proposes a mining setback distance from the South Platte River ranging from 150 feet to 300 feet. A majority of the Cottonwood trees and other riparian vegetation will not be affected by the mining activity. The Division is currently reviewing the mining off set distances from the South Platte River and any comments will be noted in the Division's adequacy letter. Once mining offset distances area approved, the operator will need to field locate the off set distances with markers. Tom Sharkey noted that his shares of the Western Mutual Ditch water are slated for agriculture. Therefore, the applicant may need to purchase water to meet the needs of the operation, including evaporative loss. The specifics of the water consumption will need to be further addressed in the permit application. 1 -.. : (Page 3) MINE ID # OR PROSPECTING ID # M-2000-158 y.-. INSPECTION DATE 02/13/01 INSPECTOR'S INITIALS ESC I & E Contact Address ❑ CE NAME Stevan O'Brian 0 BL OPERATOR Environment, Inc. 0 FS STREET 7985 Vance Dr. , Suite 205A ❑ HW CITY/STATE/ZIP Arvada, Colorado 80003 O HMWMD (CH) ❑ SE ❑ WQCD (CH) cc: Carl Mount; DMG Rocky Hoffschneider; Platte Sand & Gravel, Inc. THE FOLLOWING ARE OVERSIZED MAPS SEE ORIGINAL FILE EXHIBITS 110A THROUGH 110D Hello