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Home My WebLink About20013019 r-� DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, Colorado 80631 Phone (970)353-6100, Ext. 3540 Fax (970)304-6498 USE BY SPECIAL REVIEW(MINING OPERATION) APPLICATION FOR THE DEPARTMENT OF PLANNING SERVICES USE ONLY Application Fee Receipt Number Case Number G(5 L V3c2 Recording Fee Receipt Number Zoning District Application Checked By: Planner Assigned to Case To be completed by APPLICANT is accordance with procedural guide requirements: 1. I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed Sand and Gravel (gravel, coal, borrow pit, etc.) mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION: Part of NW 1/4 and part NW 1/4 of NE 1/4 of Section 6, Township 2 North. Range 67 West PARCEL NUMBER: 131106000024 and 131106000060(12 digit number- found on Tax I.D. Information or obtained at the Assessor's Office). 2. Surface owner(s)of area of land described 6254 WCR 26 Longmont, CO Name: Theodore and I inda I nhmann Address: 80504 Phone: 303/776.9934 Name: James and Dolores French Address: 6600 WCR 26 Phone: -403/776 9127 Longmont, CO 3. Owner(s)of mineral rights or substance to be mined 80504 Name: same as above Address: Phone: Name: same as above Address: Phone: 4. Source of applicant's legal right to enter and to mine on the land described: Memorandum of Lease (Include certified copy of any document(s)noted 5. Applicant's address: L.G. Everist, Inc. Phone: 303/287 4656 Address: 7321 E. 88th Ave., Ste 200, Henderson, CO 80640 Phone: 6. Identify any prior permits for mining held by applicant or affiliated person: DMG Permits: No. M1979083, No. M1979083L, No. M1979083R, No. M1998048, No. M1997093' Weld County USR#1255 7. Description of Operation Dozer(1), Trackhoe (1), Front A. Types and number of operating and processing equipment to be used End Loader(11. Scrapers (TBD) Convenors (as shown nn nlanc) Hail Trucks (Tarn Pnrtahlo Crusher and Screens Concrete Patch Plant B. Maximum number of employees: 15 , and number of shifts: 1 C. Number of stages to be worked: 1 , and periods of time each is to be worked 10-15 years 14 EXHIBIT 2001-3019 USE BY SPECIAL REVIEW QUESTIONNAIRE The following questions are to be answered and submitted as part of the USR application. If a question does not pertain to your use, please respond with"not applicable",with an explanation as to why the question is not applicable. 1. Explain, in detail,the proposed use of the property. See Mine and Reclamation Plans in DMG 112 Permit, found in Appendix A of this report. 2. Explain how this proposal is consistent with the intent of the Weld County Comprehensive Plan. See Section 7.4, page 12 of this report. 3. Explain how this proposal is consistent with the Intent of the Weld County Zoning Ordinance and the zone district in which it is located. See Section 7.5,page 12 of this report. 4. What type of uses surround the site? Explain how the proposed use is consistent and compatible with surrounding land uses. See Sections 7.7 and Section 7.8, page 13 of this report. 5. Describe, in detail, the following: a. How many people will use this site? Approximately 25-30 b. How many employees are proposed to be employed at this site? Approximately 15 c. What are the hours of operation? See page 6 of this report. d. What type and how many structures will be erected(built)on this site? Sand and gravel processing plant and concrete batch plant e. What type and how many animals, if any,will be on this site? none f. What kind (type,size,weight)of vehicles will access this site and how often? See Section 7.13, page 14 of this report. g. Who will provide fire protection to the site? Mountain View Fire Protection District h. What is the water source on the property? (Both domestic and irrigation). See Section 4.2, page 5 of this report. I. What is the sewage disposal system on the property? (Existing and proposed). See Section 4.2. oaae 5 of this reoort j. If storage or warehousing is proposed,what type of items will be stored? None 6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as a landscape plan map as part of the application submittal. See Landscape and Reclamation Plan 7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. See Reclamation Plan in DMG 112 application, Appendix A of this report. 8. Explain how the storm water drainage will be handled on the site. Stormwater directed to retention pond for sediment settling and clarification prior to discharge 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. See Mine and Reclamation Plans in DMG 112 application, Appendix A of this report. 10. Explain where storage andfor stockpile of wastes will occur on this site. None. !� 10 Weld County ,nRSTATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources q /� 1313 Sherman St., Room 215 MAR 26 2001 l�SO" -I 3?,4, Denver,Colorado 80203 DIVISION OF Phone:(303)866-3567 RECEIVED lV MINERALS FAX:(303)832-8106 J & GEOLOGY RECLAMATION MINING•SAFETT Bill Owens Notice of 112 Construction Materials Governor Greg E.Walcher Reclamation Permit Application Consideration Executive Director Michael B.Long Division Director DATE: March 20, 2001 TO: Weld County Planning Department 915 10th St Greeley, CO 80632 FROM: Carl B. Mount, Senior Environmental Protection Specialist $DC..Ebr can. RE: L.G. Everist, Inc., Lohman Sand and Gravel Mine, File No. M-2001-017 r Please be advised that on March 20, 2001, L.G. Everist, Inc., whose address and telephone number are 7321 E. 88th Ave. Suite 200, Henderson, CO 80640; (303) 287-4656, filed an application to conduct Surface extraction of construction materials and reclamation, at or near Section 6, Township 2N, Range 67W, 6th Prime Meridian, in Weld County. Please be advised that the permit area may be located in more than one Section, Township, and Range. The application decision is scheduled for June 18, 2001. A copy of the application is available for review at the Weld County Clerk&Recorder's office and at the office of the Division of Minerals and Geology, Room 215, 1313 Sherman Street, Denver, Colorado 80203. If you desire to make comments or objections, they must be submitted within twenty (20) days of the date of the newspaper public notice to be considered in the application review process by the Division. You should contact the applicant for the newspaper publication date. If we do not receive your comments or any objection by the end of the public comment period,the Office will assume you have no objection or comment to the proposed activity. MAR 09 '01 02 37PM P. 1 MI Banks and Gesso, LLC. 720 Kipling St Suite 117 Lakewood,Colorado 80215 /"` Phone(303)274-4277 Fax (303)274-8329 www.banksandgesso.com Fax To: Chris Guthman From: Ross Bjerke Fax: 970-304-8498 Pages: 2 including this cover Phone: 303-287-4656 Date: 3/9/01 Re: Professional Representation CC: Lohmann Sand and Gravel Mine Use by Special Review Application Chris, Here is the signed authorization form from L.G. Everist, Inc., (Andesite Rock Company). Please add this to the Lohmann Sand and Gravel Use by Special Review application. Thanks, Ross Bjerke 03Mua, ? ie:4a'37%4303 7.4.4 1348 LC EVERIST n P.2 X002 • AGREEMENT OF PROFESSIONAL REPRESENTATION This statement acknowledges that L. G. Everist, Inc., is submitting this'Use by Special Review (Mining Operation)Application to Weld County Department of Planning Services for the Lohmann Sand and Gravel Mine. This statement acknowledges that L. G. Everist, Inc„ will be doing business as L. G. Everist, Inc., and also will be doing business as Andesite Rock Company, which is a wholly-owned subsidiary of L. G. Everist, Inc.. This statement further acknowledges that Banks and Gesno, LLC, is an official representative for L, G. Everist, Inc., in all matters concerning land use processing and the Use by Special Review (Mining Operation) Application for the Lohmann Sand and Gravel Mine, L, G. EVE , INC. fr R. A. E erist, Vice President Date • 9- Hi Lynn Mayer Regulatory Compliance Date (Appllcan ontact) • • • LMILOM-agrntprorep-weld . APPLICATION FOR A USE BY SPECIAL REVIEW (MINING) For the LOHMANN SAND AND GRAVEL MINE WELD COUNTY, COLORADO APPLICANT: L.G. Everist, Inc. 7321 East 88t'' Avenue, Suite 200 Henderson, Colorado 80640 Prepared by: BANKS AND GESSO, LLC 720 Kipling Street, Suite 117 Lakewood, Colorado 80215 (303) 274-4277 March 2001 APPLICATION INDEX Page 1.0 Introduction 1 2.0 Application Form 3 3.0 Drawings 4 Index Map Vicinity Map Extraction Plan Map Landscape and Reclamation Plan Map 4.0 Supporting Documents 5 4.1 Colorado Mined Land Reclamation Board Submittal 5 4.2 Plans for Obtaining Water and Sewer 5 4.3 Noise Report 5 4.4 Soils Report 5 5.0 Operating Policies 6 6.0 Reclamation Policies 11 7.0 Other Requirements 7.1 Detailed Description of the Method of Mining 12 7.2 Certified List of Property Owners Within 500 Feet 12 7.3 Certified List of Mineral Owners and Lessees 12 7.4 Statement of Consistency with Weld County Comprehensive Plan 12 7.5 Statement of Consistency with the Intent of the Zone District 12 7.6 Statement of Adequate Provisions to Protect the Health, Safety, and Welfare 13 7.7 Statement of Compatibility with Existing Uses 13 7.8 Statement of Compatibility with Future Uses 13 7.9 Statement Concerning Flood Plain, Geologic Hazards, and the Airport Overlay District 14 7.10 Proof of Water 14 7.11 Copy of Legal Instrument Identifying Applicant's Interest in the Property 14 7.12 Special Use Questionnaire 14 7.13 Weld County Road Access Information Sheet 14 Appendices: A DMG 112 Permit Application 16 B Ownership Deeds and Lease Agreements 17 C Special Use Questionnaire 18 D Road Access Information Sheet 19 E Affidavits of Ownership 20 F Proof of Water 21 Banks and Gesso, LLC 1.0 INTRODUCTION This application is for a Use by Special Review (Mining) and has been prepared and submitted under the provisions of the Weld County Zoning Ordinance. The Applicant, L.G. Everist, Inc., is applying for this Permit to mine sand and gravel from the subject site, which includes parts of two landowners' properties, located in unincorporated Weld County. L.G Everist is permitting approximately 82 acres of the subject properties. The Lohmann property consists of 65 acres and is located in the East 1/2 of the Northwest 14 of Section 6, Township 3 North, Range 67 West of the 6th P.M. in Weld County. The French property consists of 17 acres and is located in parts of the Northwest 'A of the Northeast 1/4 of Section 6, Township 3 North, Range 67 West of the 6th P.M. in Weld County, Colorado. Both properties are on the south side of Weld County Road 26, approximately one-quarter mile east of Weld County Road 13 and is about two and one-quarter miles east of Interstate 25. County Road 26 marks the northern border of the properties and the Last Chance Ditch makes up the southern boundary. Existing zoning and use of the subject properties and surrounding properties is agricultural, residential, and oil and gas production. For clarity throughout the rest of this application, we use the term "site" when referring to the total permitted area of 82 acres. L.G. Everist intends to mine approximately 61 acres of the site's permitted 82 acres to recover a substantial sand and gravel reserve of significant commercial quality and quantity. The project will last at least 10 years and perhaps as long as 15 years. This time frame is highly dependent upon market conditions. The majority of processed sand and gravel will be sold directly to customers. A proposed concrete batch plant may also utilize some of the aggregate produced. The reclaimed site will primarily be water storage and, in areas, will also be supportive of agricultural or residential development. Reclamation will be concurrent with mining operations. Lohmann Sand and Gravel Mine.WC.USR 20055.WD L.G.Everist, Inc. 1 March 2001 Banks and Gesso, LLC The remainder of this application package discusses the proposal in detail and addresses all of the requirements of the Weld County Zoning Ordinance. Lohmann Sand and Gravel Mine.WC.USR 20055.WD L.G.Everist, Inc. 2 March 2001 Banks and Gesso, LLC 2.0 Application Form Lohmann Sand and Gravel Mine.WC.USR 20055.WD L.G. Everist, Inc. 3 March 2001 D. Thickness of mineral deposit: Avg.25 feet, and thickness of the overburden: Avg. 5 ft. E. This will be a wet/dry pit operation. Dry F. Site entrance/exit points and County roads and bridges to be utilized between site and delivery point(s)(must be coordinated with County Engineer) Weld County Road 26 8. Description of reclamation A. Proposed reclamation land use(s):water storage; possible limited residential/agricultural development B. Source of technical advise for reclamation: Colorado Mined Land Reclamation Board, Division of Minerals and Geology 112 Reclamation Permit regulations and standards for reclamation C. Explanation of Reclamation Process:Filling of southern 8.5 acres of site with inert fill material; clay-lining of pit walls and backfilling of Dit edges to 3:1 slope in water storage areas; revegetation of non-water storage areas to attain stable agricultural land and facilitate development I hereby depose and state under the penalties of perjury that all statements,proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. ignature:Owner/Authorized Agent Rev:1-27-97 15 Banks and Gesso, LLC 3.0 Drawings Index map Vicinity Map Extraction Plan Map Landscape and Reclamation Plan Map Lohmann Sand and Gravel Mine.WC.USR 20055.WD L.G. Everist, Inc. 4 March 2001 Banks and Gesso, LLC 4.0 Supporting Documents 4.1 State of Colorado Division of Minerals and Geology 112 Reclamation Permit Application (A copy of this separate document can be found in Appendix A) 4.2 Plans for Obtaining Water Supplies Potable water will be supplied to the operation by bottled water. Water demand for operations (concrete batching, dust control, etc.) will be met by on-site groundwater resources (dewatering ditches, stormwater flows, etc). Augmentation water (required by the Colorado Division of Water Resources as part of the Temporary Substitute Supply Plan) will be supplied through 1.0 share of water through the Rural Ditch Company. Sanitary waste service for the operations will be supplied through use of portable toilets and an engineered septic system. The residence on the property has a septic system, which at some time may be converted for use by the Operator, not to exceed current design and permit limitations. 4.3 Noise Report Noise sources at the site will be the concrete batch plant, sand and gravel processing, mining equipment, mixer trucks, and other vehicles/equipment related to operation of the facility. L.G. Everist will meet Colorado noise standards for industrial properties of this nature. Most of the noise sources will be set back from the property line by a significant distance. Residential receptors are few, with the closest being approximately 700 feet from the nearest source. Further, the processing plant will be located down on the pit floor, approximately 30 feet below surrounding properties, within 2-3 years of the start of the operation. 4.4 Soils Report The Vicinity Map contained in this application presents the SCS soils data for the property. A soils summary can be found in Exhibit I of the DMG 112 Reclamation Permit in Appendix A. r Lohmann Sand and Gravel Mine.WC.USR 20055.WD L.G. Everist, Inc. 5 March 2001 Banks and Gesso, LLC 5.0 Operating Policies In addition to the commitments contained in the Application to the Colorado Division of Minerals and Geology, L.G. Everist commits to the following operating policies: 5.1 Setbacks Setbacks for mining at adjacent property lines will be maintained at a minimum of 15 feet from all property lines. Setbacks will be maintained at a minimum of 15 feet, pending agreements with owners of permanent man-made structures, as outlined in the requirements of the Colorado Division of Minerals and Geology. Several gas and oil pipelines, pumps, and storage tanks are located on the Lohmann property. There are also various pipelines, ditches and utilities along the northern property line. Agreements are approved, or are being developed, between the owners of these facilities and the Applicant to allow for their continued use and performance while also allowing for mining to occur. A list of these permanent man-made structures is included in the Colorado Division of Minerals and Geology (DMG) 112 Reclamation Permit Application, found in Appendix A of this Use by Special Review Permit. Regulations prescribed by the DMG require 200 foot setbacks from significant man-made structures unless the Applicant obtains an agreement with the owner of the easement and structure that allows for a lesser setback. The DMG also puts forth the option of the Applicant supplying an engineering evaluation that demonstrates that structures will not be damaged by mining activities occurring within the 200 foot setback. 5.2 Hours of Operation The following hours are proposed for 6 days per week, Monday through Saturday: 6:00 A.M. to 7:00 P.M. for sand and gravel mining and processing 6:00 A.M. to 7:00 P.M. for concrete batching 6:00 A.M. to 7:00 P.M. for truck hauling to and from the site 6:00 A.M. to 12:00 midnight for maintenance and repairs of equipment The administrative office may operate 24 hours per day, 7 days per week. Lohmann Sand and Gravel Mine.WC.USR 20055.WD L.G. Everist, Inc. 6 March 2001 Banks and Gesso, LLC An exception to the above hours will be necessary when government contracts are obtained that require extended hours. In those cases, 24 hour-per-day operations will be needed to meet such contract requirements. 5.3 Weed Control Plan The Applicant shall, as necessary, cut or trim unsightly and noxious weeds to preserve a reasonable appearance and to prevent weeds from spreading to neighboring properties. Supplemental weed control activities may, at any given time, be undertaken by the landowner on portions of the property not subject to mining. 5.4 Existing Trees and Ground Cover Existing trees and groundcover will be maintained within the perimeter areas defined by setbacks. Any vegetation that must be removed within the setbacks during mining activities shall be replaced according to the reclamation plan described in the DMG permit, included in Appendix A. Existing trees and groundcover outside of the setbacks shall be removed and replaced as per the reclamation plan. 5.5 Access The location of the access to Weld County Road 26 is indicated on the Extraction Plan Map and the Vicinity Map. 5.6 Paving of Access Road The entrance to the property is on Weld County Road 26. The entrance will be improved with road base. The on-site access road from the road shoulder to the processing plant will be treated to control dust. 5.7 Fencing There is an existing three-strand barbed wire fence along the perimeter of the property. This fence will be maintained throughout the life of the mine. Entrance to the operation from County Road 26 will be gated and locked during non- operational periods. Lohmann Sand and Gravel Mine.WC.USR 20055.WD L.G.Everist, Inc. 7 March 2001 Banks and Gesso, LLC 5.8 Topsoil Salvage As per the Reclamation Plan in the DMG application, there is more than adequate topsoil on site to fully reclaim the site. The topsoil that will be stockpiled for reclamation will be placed along the southern and northern property boundaries and at convenient locations at the edges of the mine phases in the form of berms. Seeding will be applied to prevent wind and water erosion. These topsoil stockpiles will be maintained for the life of the mine and will act as a visual and noise barrier for neighboring properties. 5.9 Processing Equipment The aggregate processing equipment and concrete batch plant will be located in the northern portion of the site. The locations of the processing and concrete plants will allow continued access for oil and gas operations and will help to avoid conflicts with concurrent reclamation activities in the southern portion of the site. Every reasonable effort will be made to provide maximum protection from visual and noise impacts for nearby residences, including placing the aggregate processing equipment on the pit floor, approximately 30 feet below surrounding properties. 5.10 Backfilling Approximately six of the eight acres in the southern part of the Lohmann property will be backfilled to original grade (see plans). Backfill of the six-acre area will include overburden from on site and some inert fill materials imported from off- site. Imported inert fill material will be inspected to ensure that it contains no contaminants. In the areas which will be reclaimed as water storage, L.G. Everist will backfill the edges of those areas to a 3:1 slope. Backfill material for those perimeters will be comprised of overburden from on-site excavation operations. A 1992 Memorandum of Understanding was issued between the Colorado Hazardous Materials and Waste Disposal Division and the Division of Minerals and Geology which stated that "if an inert material disposal site is operating under MLRB permit and regulation, the area is twenty acres or less and the Lohmann Sand and Gravel Mine.WC.USR 20055.WD L.G. Everist.Inc. 8 March 2001 Banks and Gesso, LLC volume of imported inert fill material is 1,000,000 cubic yards or less, no Certificate of Designation will be sought by the Division for the site." Approximately 488,840 CY of overburden will be salvaged throughout the course of mining. Another 284,000 CY of material will be available in the form of waste fines, creating approximately 772,000 CY available for all reclamation efforts. Approximately 357,000 CY of material will be required to backfill the six-acre portion to original grade. Backfilling the future water storage reservoirs' edges to a 3:1 slope will require approximately 623,000 CY of material. The amount of imported inert fill material needed to complete backfill of the site will be approximately 207,000 CY, significantly less than the 1,000,000 CY maximum specified in the Memorandum of Understanding. Thus, according to state policy, this backfilling plan may be fully permitted as an inert fill material disposal site by virtue of Division of Minerals and Geology mine and reclamation plan review. 5.11 Additional Operation Policies 1. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. 3. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 4. The Applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 5. Portable toilets and an engineered septic system will be used on site for personnel sanitation purposes. Potable water will be supplied with bottled water hauled into the site. 6. The site shall at all times operate in accordance with a dust abatement plan approved by the Colorado Department of Public Health and Environment. 7. The site shall be maintained in compliance with the local fire protection district, the U.S Fish and Wildlife Service, the U.S. Army Corps of Engineers, and the Colorado Division of Minerals and Geology. 8. "No Trespassing" signs shall be posted and maintained on the perimeter to clearly identify boundaries of the site. Lohmann Sand and Gravel Mine.WC.USR 20055.WD L.G. Everist, Inc. 9 March 2001 Banks and Gesso, LLC 9. The facility shall operate in accordance with a CDPS Permit approved by the Colorado Department of Public Health and Environment — Water Quality Control Division. 10. All construction on the site shall be in accordance with the Weld County Building Code Ordinance. 11. Lighting provided for security and emergency night operation on the site shall be designed so that the lighting will not adversely affect surrounding property owners. 12. The sand and gravel operation will comply with operation policies identified in Section 44 of the Weld County Zoning Ordinance as articulated above. 13. The property owner or operator shall be responsible for complying with the Operating Standards of Section 24.6 of the Weld County Zoning Ordinance, as amended. 14. Personnel from the Weld County Health Department and Weld County Planning Department shall be granted access to the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. 15. The scope of the Use by Special Review permit applied for hereunder shall be limited to the plans shown herein and governed by the foregoing standards and all applicable Weld County Regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission before such changes to the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 16. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. Lohmann Sand and Gravel Mine.WC.USR 20055.WD L.G. Everist, Inc. 10 March 2001 Banks and Gesso, LLC 6.0 Reclamation Policies In addition to the commitments made in the application to the Colorado Division of Minerals and Geology, the Applicant commits to the following reclamation policies: 6.1 Compatibility with Surrounding Land Uses The reclamation plan anticipates, and was designed for, an end use of water storage, with two small areas reserved for potential agricultural or residential development. The surrounding land uses currently are agricultural, residential, and oil and gas production in nature, with urban development in nearby areas recently annexed by the Town of Firestone. A sand and gravel operation is currently approved and in operation directly north of the subject property. The reclamation plan for the subject property is compatible with the existing and anticipated uses and future demand for water storage sites. 6.2 Completion of Operations — Safety Following the completion of operations, the Lohmann and French properties will be maintained in a condition safe for use as water storage and potential development. Access to the site will be limited to employees needed to service existing oil and gas facilities, and to contractors involved in any development of the property. For safety purposes, access by others will be restricted. 6.3 Drainage Sufficient drainage shall be provided to prevent pockets of standing water or undue erosion. Grading shall be accomplished in such a manner that storm water leaves the property at the original, natural drainage points. Runoff at any such point shall not normally be increased over historic flows. Increases over historic flows shall be allowed only when it is shown that the increased flows will not adversely impact uses or lands affected by such flows. 6.4 Grading and Erosion Control Final grades for all excavated areas shall conform to the end use of the land as proposed in the reclamation plan. Ridges, banks and mounds shall be graded so Lohmann Sand and Gravel Mine.WC.USR 20055.WD L.G. Everist, Inc. 11 March 2001 Banks and Gesso, LLC as to minimize erosion. As practicable, trees, shrubs, legumes, grasses, or other ground cover shall be replaced in order to avoid erosion. 7.0 Other Requirements: 7.1 Detailed Description of the Method of Mining Operation The detailed mining plan is included in the attached CMLRB application package. 7.2 Certified List of Property Owners Within 500 Feet The Affidavit and List of Property Owners are included in Appendix E. 7.3 List of Mineral (i.e. Sand and Gravel) Owners and Lessees Lohmann Property Mineral Owner: Theodore and Linda Lohmann Mineral Lessee: Andesite Rock Company (L.G. Everist, Inc.) French Property Mineral Owner: James and Dolores French Mineral Lessee: Andesite Rock Company (L.G. Everist, Inc.) The Affidavit and List of Mineral Owners are included in Appendix E. 7.4 Statement of Consistency with the Weld County Comprehensive Plan The Applicant has compared this proposed use and has prepared this application package to conform to all Mineral Resource Goals and Policies contained in the Weld County Comprehensive Plan. The details of the proposal contained in this application support all Goals and Policies of the Comprehensive Plan. 7.5 Consistency with the Intent of the Zone District The Lohmann and French properties are located within the 'A' (Agricultural) Zoning District. The intent of this district is to "provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production without the interference of other, incompatible land uses... (T)he 'A' Lohmann Sand and Gravel Mine.WC.USR 20055.WD L.G. Everist, Inc. 12 March 2001 Banks and Gesso, LLC District is also intended to provide areas for the conduct of Uses by Special Review which have been determined to be more intense or to have a potentially greater impact than Uses Allowed by Right." Mineral resource development is one of the Uses by Special Review in the 'A' (Agricultural) District. This application has been designed to meet the intent of the Zone District and the requirements of the Use by Special Review. 7.6 Statement of Adequate Provisions to Protect the Health, Safety, and Welfare This application contains adequate provisions to protect the health, safety, and welfare of surrounding landowners and the County residents. The plan contained in this application package addresses all of the major areas of potential pollution and nuisance factors related to these issues such as noise, dust, water pollution, drainage, and truck traffic. 7.7 Statement of Compatibility with Existing Uses Existing land uses surrounding and including the subject project site are predominantly agricultural in nature, with one sand and gravel operation currently permitted and operating directly north of the subject property. The mining operation proposed under this plan is allowed for in the zoning ordinance as a Use by Special Review. The mine and reclamation plans, as well as the end use of the property, have been designed to be compatible with the current surrounding agricultural land uses, with numerous measures to avoid off-site impacts to agricultural land. 7.8 Statement of Compatibility with Future Uses Sand and gravel mining and reclamation of the subject property as water storage is consistent with the future anticipated uses of surrounding properties. Uses surrounding the subject property will continue to be agricultural in nature, or may be converted to urban use. Regarding the potential for residential development, properties surrounding the proposed project site may contain commercial quality sand and gravel deposits. It is likely that these undeveloped sand and gravel properties may be mined at some point in the future. In fact, these properties Lohmann Sand and Gravel Mine.WC.USR 20055.WD L.G. Everist, Inc. 13 March 2001 Banks and Gesso, LLC must be mined prior to commitment to residential use in order to conform with County and State policies. 7.9 Statement Concerning Flood Plain, Geologic Hazards, and the Airport Overlay District As shown on the Soils, Wetlands, and Floodplain Map contained within this application, a 50' to 150' wide strip, running east-west along the north of the property, lies within the 100 year floodplain of the St. Vrain River Basin. A Floodplain permit will be submitted and approved prior to any operations. There are no Geologic Hazards or Airport Overlay Districts present on this property. 7.10 Proof of Water Proof of Water is supplied in the Ownership Document in Appendix F. 7.11 Copy of Legal Instrument Identifying Applicant's Interest in the Property These copies are contained in Appendix B. 7.12 Special Review Use Questionnaire The questionnaire is contained in Appendix C. 7.13 Weld County Road Access Information Sheet A completed information sheet is contained in Appendix D. Traffic Information and Proposed Road Improvements Annual production of aggregates from this property is estimated at 700,000 tons per year. The majority of the processed aggregate will be sold directly as sand and gravel to customers. Tractor trailers at approximately 85,000 pounds, or tandems at approximately 55,000 pounds, will be used to haul the sand and gravel from the site. Lohmann Sand and Gravel Mine.WC.USR 20055.WD L.G. Everist, Inc. 14 March 2001 Banks and Gesso, LLC The remainder of the aggregates will be used in the on-site production of concrete. Ready-mix concrete trucks will haul the concrete from the site. Based upon the use of these trucks, the import of some inert fill material, and using a 300-day per year working schedule, an average of 138 truck round trips per day is anticipated for the proposed project. Haul trucks will account for approximately 78 of these trips and concrete trucks will account for an additional 40 round trips. Employees, sales people, and visitors to the site, using automobiles and light trucks (pickup trucks) will generate the remaining 20 vehicle round trips per day. L.G. Everist, Inc., will use road base for its access roads. As needed, the Applicant will utilize water and chemical dust suppressants to control dust on on- site haul roads. A traffic study is currently being prepared and will be submitted upon completion. r Lohmann Sand and Gravel Mine.WC.USR 20055.WD L.G.Everist, Inc. 15 March 2001 Banks and Gesso, LLC Appendix A: DMG 112 Permit Application r^ Lohmann Sand and Gravel Mine.WC.USR 20055.WD L.G. Everist, Inc. 16 March 2001 COLORADO MINED LAND RECLAMATION BOARD Application for: 112 RECLAMATION PERMIT LOHMANN SAND AND GRAVEL MINE Weld County, Colorado Prepared for: L.G. Everist, Inc. 7321 East 88th Avenue, Suite 200 Henderson, CO 80640 Prepared by: Banks and Gesso, LLC 720 Kipling Avenue, Suite 117 Lakewood, Colorado 80215 (303) 274-4277 .-, March 2001 Table of Contents Page APPLICATION FORM INTRODUCTION 1 EXHIBITS Exhibit A— Legal Description 3 Exhibit B — Index Map 4 Exhibit C— Pre-Mining and Mining Plan Maps of Affected Lands 5 Exhibit D — Mining Plan 6 Exhibit E — Reclamation Plan 10 Exhibit F — Reclamation Plan Map 16 Exhibit G —Water Information 17 Exhibit H —Wildlife Information 19 Exhibit I — Soils Information 20 Exhibit J —Vegetation Information 21 Exhibit K— Climate 22 Exhibit L— Reclamation Costs 23 Exhibit M — Other Permits and Licenses 25 Exhibit N — Source of Legal Right to Enter 26 Exhibit O — Owners of Record 27 Exhibit P — Municipalities Within Two Miles 28 Exhibit Q— Proof of Mailing 29 Exhibit R— Proof of Filing with County Clerk and Recorder 30 Exhibit S — Permanent Man-Made Structures 31 Appendices Appendix 1 Wells within 200 feet of Affected Land 32 Appendix 2 Report on Wetlands, Ute Ladies-Tresses, and Preble's 33 Meadow Jumping Mouse Appendix 3 Colorado Natural Heritage Program File Search 34 Appendix 4 Colorado Historical Society File Search 35 Appendix 5 Proof of Posting Certification 36 Tables Table E-1 Permanent Seed Mix for Water's Edge 13 Table E-2 Temporary Cover for Topsoil Berms 14 Table E-3 Permanent Mix for Pit Edges and Other Disturbed Areas 15 Table L Reclamation Cost Estimate 24 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St.,Room 215 Denver,Colorado 80203 DIVISION LC Phone:(303)866-3567 CONSTRUCTION MATERIALS M I N E RA l FAX:(303)832-8106 REGULAR(112)OPERATION &- RECLAMATION PERMIT APPLICATION FORM GEL M AT G _RECL AM IO MINING•SAFEI Bill Owens CHECK ONE: There is a File Number Already Assigned to this Operation Governor Greg E.Watcher Permit# M - (Please reference the file number currently assigned to this operation) Executive Director %New Application(Rule 1.4.5) Amendment ApplicationMichael B.Long pp (Rule 1.10) Division Director Conversion Application(Rule 1.11) Permit# M - - (provide for Amendments and Conversions of existing permits) The application fora Construction Materials Regular 112 Operation Reclamation Permit contains three major parts:(1)the application form; (2)Exhibits A-S,Addendum 1,any sections of Exhibit 6.5(Geoteclmical Stability Exhibit;and(3)the application fee. When you submit your application,be mire to include one(I) complete signed and notarized IVORY ORIGINAL and four(4) copies of the completed Ivory application form,five(5)copies of Exhibits A-S,Addendum I,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 a 3-ring binder; 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 or company name(name to be used on permit): L.G. Everist, Inc. 1.1 Type of organization(corporation,partnership,etc.): Corporation 1.2 I.R.S.Tax I.D.No.or Social Security Number: 46—022-9601 2. Operation name(pit,mine or site name): Lohnlann Sand and Gravel Mine 3. Permitted acreage(new or existing site): 82 permitted acres 3.1 Change in acreage(+) 0 acres 3.2 Total acreage in Permit area 82 acres 4. Fees: 4.1 New Application $2,344.00 application fee 4.2 New Quarry Application 4.4 Amendment Fee fee $2,906.00 erry application 4.5 Conversion to 112 operation(set by statute) $1.938.00 amendment 52.344 00 conversion fee 5. Primary commoditie(s)to be mined: sand and gravel 5.1 Incidental commoditie(s)to be mined: I. / lbs/Tons/vr 2. / lbs/Tons/vr 3. / lbs/Tons/vr 4. / lbs/Tons/vr 5. / lbs/Tons/vr 5.2 Anticipated end use of primary commoditie(s)to be mined: Construction aggregate and concrete 5.3 Anticipated end use of incidental commoditie(s)to be mined: None anticipated -2 - 6. Name of owner of subsurface rights of affected land: Refer to Exhibit "0" If 2 or more owners,"refer to Exhibit 0". 7. Name of owner of surface of affected land: Refer to Exhibit "0" * 7.1 Names of the holders of any recorded easements on the affected land: Oakmeadows PUD; ATT;_Duke Energy; Bataa Oil 8. Type of mining operation: X Surface Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN(check one): 6 6th(Colorado) _ 10th(New Mexico) Ute SECTION(write number): S 6 TOWNSHIP(write number and check direction): T 2 X North South RANGE(write number and check direction): R 6 7 East X West QUARTERSECTION(check one): NE X NW SE SW QUARtER/QUARTER SECTION(check one): X NE NW SE SW GENERAL DESCRIPTION:(the number of miles and direction from the nearest town and the approximate elevation): Approximately 11 mile north of the Town of Firestone; elevation approximately 4810' 10. Primary future(Post-mining)land use(check onel: Cropland(CR) — Pastureland(PL) — General Agriculture(GA) Rangeland(RL) _ Forestry(FR) — Wildlife Habitat(WL) Residential(RS) _ Recreation(RC) _ Industrial/Commercial(IC) X Developed Water Resources(WR) _ Solid Waste Disposal(WD) 11. Primary present land use(check one): _ Cropland(CR) _ Pastureland(PL) X General Agriculture(GA) _ Rangeland(RL) _ Forestry(FR) _ Wildlife Habitat(WL) _ Residential(RS) Recreation(RC) Industrial/Commercial(IC) Developed Water Resources(WR) 12. Method ofMinm : Briefly Dozer,trackhoe,front-end loader,and E explain mining method(e.g.truck/shovel): scrapers loading onto conveyor or off-road haul truck for transport to processing plant site 13. On Site Processing: X Crushing/Screening 13.1 Briefly explainon-sitepracessing: raw material will be crushed and sorted using crushers and screens prior to use in concrete batching or direct sales. 13.2 List any designated chemicals or acid-producing materials to be used or stored within permit area: none * = Stormwater easement for Oakmeadows PUD currently held by ST-Firestone, LLC 14. Correspondence Information: APPLICANT/OPERATOR (name,address,and phone of name to be used on permit) Contacts Name: Lynn Mayer Title: Company Name: L.G. Everist, Inc, Street: 7321 East 88th Avenue, Suite 200 City: Henderson State: Colorado Zip Code: 80640 Telephone Number: ( 303 )- 287-4656 Fax Number: ( 303 )- 289-1348 PERMITTING CONTACT (if different from applicant/operator above) Contacts Name: Alex Schatz Tide: Company Name: Ranks and Gesso. LLC Street: 720 Kipling Street. Suite 117 City: T.akewood State:' rnlnradn Zip Code: 80915 Telephone Number. f 3n )- 974-4977 Fax Number: ( '1n3 )- 974-R'17Q INSPECTION CONTACT Contacts Name: Lynn Mayer Title: Company Name: L.G. Everist, Inc. Street: 7321 East 88th Avenue, Suite 200 City: Henderson State: Colorado 80640 Zip Code: Telephone Number: ( 303 )- 287-4656 Fax Number: ( 303 )- 289-1348 CC: STATE OR FEDERAL LANDOWNER(if any) Agency: Street: City: State: Zip Code: Telephone Number: f )- CC: STATE OR FEDERAL LANDOWNER(if any) Agency: Street: City: State: Zip Code: Telephone Number. ( 1- • 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). N/A 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,Addendum 1,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 the maps and exhibits as described in the following references to Rule 6.4,6.5,and I.6.2(1)(b): EXHIBIT A Legal Description EXHIBIT B Index Map EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands to include the location of any recorded easements 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,to include holders of any recorded easements EXHIBIT O Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined,to include holders of any recorded easements EXHIBIT P Municipalities Within Two Miles EXHIBITS? Proof of Mailing of Notices to County Commissioners and Soil Conservation District EXHIBIT R Proof of Filing with County Clerk or Recorder EXHIBIT S Permanent Man-Made Structures Rule 1.6.2(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 I.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. - 5 - 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. ik------ 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 financial warranty is forfeited; 411"----- 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 Regulations, iii____________ 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 LLI__________ boundary, pp substantial civil penalties,to you as permittee can result; 4. My 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; 5. It is your responsibility to notify the Office of any changes in your address or phone number; 6. Upon permit issuance and prior to beginning on-site mining activity, 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. 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. 8. It is a provision of 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 Construction Material Rules and Regulations in effect at the time the permit is issued. 6 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 the pemrittee, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. 0. 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 or the Office prior to the decision date so that you will know what changes may have been made to the application document. 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 Mmed Land Reclamation Board and Office's review and decision or appeals process, you may contact the Office at (303) 866-3567. Certification: • As an authorized representative of the applicant,I hereby 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 proposed affected area 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(4Xf), C.RS.; 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 Construction Materials (Section 34-32.5-120, C.RS.)as determined through a Board finding. 4. I understand that 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 18-8-503,C.R.S. Signed and dated this 611A day of /47ed . L.G. Everis t n . ration Attest(Seal) Applicant/ r Company Name Signed.!n Sign . orporate Secretary or Equivalent Title: Town/City/County Clerk State of l (C (k at) ) County of .,U)Lul1> ≥ss Thyrforggoing instrument was acknowledged before me this V day of / %C by cr5 irk FI "Pr1�7 as V iCL .pwf)tiifiL of 2 Ie%/ f p4 PIA 1VERSE tin My SIGNATURES MUST BE IN BLS•ExPires Jan-1.2002 Banks and Gesso, LLC INTRODUCTION This document presents an application for a State of Colorado, Division of Minerals and Geology, Colorado Mined Land Reclamation Board (CMLRB) Construction Materials Regular 112 Operation Reclamation Permit. The Applicant, L.G. Everist, Inc., is applying for this Permit to mine sand and gravel from the subject site, which includes parts of two landowners' properties, located in unincorporated Weld County. Everist is permitting approximately 82 acres of the subject properties. The Lohmann property consists of 65 acres and is located in the East 1/2 of the Northwest 14 of Section 6, Township 3 North, Range 67 West of the 6th P.M. in Weld County. The French property consists of 17 acres and is located in parts of the Northwest '/, of the Northeast % of Section 6, Township 3 North, Range 67 West of the 6th P.M. in Weld County, Colorado. (See Exhibit B - Index Map.) Both properties are on the south side of Weld County Road 26, approximately one-quarter mile east of Weld County Road 13 and are about two and one-quarter miles east of Interstate 25. County Road 26 marks the northern border of the properties and the Last Chance Ditch makes up the southern boundary. Existing zoning and use of the subject properties and surrounding properties is agricultural, residential, and oil and gas production. For clarity throughout the rest of this application, we use the term "site" when referring to the total permitted area of 82 acres. L.G. Everist intends to mine the site to recover a substantial sand and gravel reserve of significant commercial quality and quantity. The project will last at least 10 years and perhaps as long as 15 years. This time frame is highly dependent upon market conditions. The majority of the processed sand and gravel will be sold directly to customers. A proposed concrete batch plant will utilize some of the aggregate produced. The end use of the site after reclamation will primarily be water storage. Further, reclamation for residential development is anticipated for areas where backfill and/or overburden is used to restore existing grades. All areas above water level will be Lohmann Sand and Gravel Mine.DMG.112 20055 L.G. Everist, Inc March 2001 1 Banks and Gesso, LLC reclaimed with appropriate vegetation. Reclamation will be concurrent with mining operations. T• Lohmann Sand and Gravel Mine.DMG.112 20055 L.G.Everist,Inc March 2001 2 Banks and Gesso, LLC EXHIBIT A- LEGAL DESCRIPTION The legal description for the parcels to be affected by the proposed mine is as follows: Lohmann Tract: A tract of land located in the NW 14 of Section 6, Township 2 North, Range 67 West of the 6'" P.M., Weld County, Colorado, described as follows: Commencing at the NW corner of said Section 6, from which the North Y corner of said Section 6 bears South 89° 12' 01" East, 2503.20 feet, thence south 89° 12' 01" East 1270.63 feet along the North line of the NW Y of said Section 6 to the True Point of Beginning; Thence continuing south 89°12' 01" east, 1232.57 feet along the North line of NW 1/4 of said Section 6 to the N Y corner of said Section 6; Thence 01°14' 59" West, 2740.99 feet along the north-south centerline of said Section 6; Thence North 87° 30' 55" West, 1232.90 feet along the East-West centerline of said Section 6 to point from which the True Point of Beginning bears North 01° 14' 59" East; Thence North 01°14' 59" East, 2701.16 feet to the True Point of Beginning. French Tract: The Northwest 1/4 of the Northeast 1/4, except 2 rods off the east side sold to J.H. Ruttman by deed recorded in Book 494, Page 262, Weld County records, and that part of the SW '/4 of the NE 14 which lies under the Last Chance Ditch (being that part of the SW 1/4 of the NE 14 excepted in said deed to J.H. Ruttman), all in Section 6, Township 2 North, Range 67 West of the 6'" P.M. Lohmann Sand and Gravel Mine.DMG.112 20055 L.G.Everist, Inc March 2001 3 Banks and Gesso, LLC EXHIBIT B— INDEX MAP The regional location of the affected land for the proposed mine is provided on Exhibit B, Index Map. Lohmann Sand and Gravel Mine.DMG.112 20055 L.G.Everist,Inc March 2001 4 I , _ 4g00 C J rl 4798 / W LI in /,1 r'" ,480- -I - / 0 ~ 802 U� �� qSt Vram Sch ` // is<k ._.1 oe ' V 7i ` 32 i C_ LAel 1 Subject 4809 e, _ g Site 0 e�'e I ��, weld �� , BM z" ---L 4� !^ir �� 4813 - _ 4813. -. I i n p 1fi lI -6� ,! LOmann /f ///(/ II r�VQ -� �. _� / .. /100 . P�PP� DiTCN. e✓ i �� P',�'7 `'J /48J0 , LR/TC9 L I . . �..._` �y 4‘ PAM 7� � Qt 9< �4850) Q)CO A � '/ L------) / *— — Well 484• A A, >•IMI • -: \-- ii '�l. i a9/fi 485/- O / i if p900 / j Gravel Pet'-/ — Y IX 4900 O 488J I tr=20e6' -. • �' f 1 0.923 I 4950_ ■■ Banks & Gesso, LLC Exhibit B: Index Map A EN 720 Kipling, Suite 117 Lakewood, CO 80215 L.G.EYerist,Inc. banksandgesso.com Lehmann Sand a Gravel Mine 2/28/01 20055 Banks and Gesso, LLC EXHIBIT C — PRE-MINING AND MINING PLAN MAPS OF AFFECTED LAND Pre-mining maps showing Man-Made Features (Exhibit C-1) and Natural Features (Exhibit C-2) can be found in the following map pockets. The Mining Plan is provided on the Mining Plan Map (Exhibit C-3). Names and addresses of adjacent property owners are shown and listed on Exhibit C-1. Pre-mining conditions are also discussed in Exhibit J, Vegetation Information. Permanent man-made structures within 200 feet of the affected area are shown on Exhibit C-1 and discussed in Exhibit S, Permanent Man- Made Structures. Lehmann Sand and Gravel Mine.DMG.112 20055 L.G.Everist, Inc March 2001 5 Banks and Gesso, LLC EXHIBIT D - MINING PLAN Overview L.G. Everist, Inc. (Everist) proposes to excavate approximately 2.8 million cubic yards (4.2 million tons) of sand and gravel from the Lohmann and French properties. The excavation operation will begin upon approval of all permits, probably in late 2001, and will last 10-15 years, depending on market conditions. Everist intends to develop the site as a sand and gravel mining and processing operation, with ancillary and compatible uses of concrete production. Approximately 61 acres of the total 82 permitted acres will be mined (see Exhibit C-3). Everist proposes to dry-mine the site. The aggregate and processing plants will be located in the north- central portion of the site. The post mining land use of the site is envisioned to be primarily water storage, with some residential use. The Reclamation Plan assumes the cost for restoration of the mining area as a clay-lined water storage facility, as illustrated, although one area may be reclaimed for future agricultural or residential use, and another small area may be utilized for residential development. Reclamation is discussed in detail in Exhibit F — Reclamation Plan. Methods of Mining — Rule 6.4.4(a) Everist proposes to dry-mine the site. Mining will occur in one phase and will be initiated in the southern portion of the site and continue north towards the mining limits. To minimize groundwater impacts on adjoining properties, Everist will line the edges of the future basin areas on the site. A slurry wall will be constructed around the perimeter of the French property prior to mining that section (Area C, see Exhibit C-3). In the Lohmann property, clay-lining the edges will commence after the deposit floor has been initially exposed, and proceed concurrently with the movement of mining operations through the section (Area B, see Exhibit C-3). Lohmann Sand and Gravel Mine.DMG.112 20055 L.G. Everist, Inc March 2001 6 Banks and Gesso, LLC Initial mining operations will include stripping and excavation of the dewatering trenches and settling ponds. After the topsoil and overburden has been stripped, the recovery of sand and gravel in this area will begin. This will be accomplished via front-end loaders and/or backhoes, which will feed an in-pit conveyor system for transport of mined material to the aggregate processing area. The sand and gravel reserve will be mined vertically, followed immediately by placement of backfill materials to stabilize slopes along the walls of the pit. All areas disturbed by mining and processing activities will be graded towards the pit bottom to retain any storm water and sediment runoff on site. Sand and gravel will be crushed, screened, washed, and sized prior to use in the on-site concrete batch plant or transport off-site in direct sales. On-site mining, processing, and reclamation equipment may include crushers, screens, conveyors, radial stackers, dozers, front-end loaders, backhoes, hydraulic excavators, trucks, and scrapers. Earthmoving Operations — Rule 6.4.4 (b) Mining will occur in one phase and will proceed generally from the south end of the site to the north. Topsoil will be removed and stockpiled on-site. A three to eight foot layer of overburden will also be removed, stockpiled, and maintained on-site for later use as backfill material, liner in areas where excavation has been completed, and pad material to support the placement of the concrete batch plant when all aggregate has been mined. Sand and gravel reserves are present to a depth of approximately 34 feet below existing grades. Water Diversions and Impoundments — Rule 6.4.4 (c) Stormwater from all areas of surface disturbance will be directed by grading and shallow ditches toward the mine's dewatering systems. A CDPS permit will be obtained from the Colorado Department of Public Health and Environment for applicable dewatering operations. Aggregate processing water will be separate from the dewatering and stormwater discharge systems because it is a closed-loop system. With evaporation and product moisture losses, there will be no need for discharge of processing water. Moreover, some dewatering discharges will be diverted back to the processing water system as make-up water, thus reducing total discharge amounts. Settling ponds will be located in Lohmann Sand and Gravel Mine.DMG.112 20055 L.G.Everist, Inc March 2001 7 Banks and Gesso, LLC the south-central portion of the property and will be maintained below existing grade so that any precipitation will be retained in these areas. As initial excavation approaches the mining limits, dewatering quantities will be at a maximum. However, once the first areas along the perimeter are lined and reclamation proceeds, the quantity of groundwater pumped should stabilize and begin to decrease. Since concurrent lining of the mining perimeter will occur throughout the operation, dewatering quantities should remain uniform for the remainder of extraction activities, until the final perimeter is reclaimed. Additional water, secured by water rights to the Rural Ditch, will be utilized for aggregate processing and as a product component in the concrete batch plant. Phasing Schedule for Mining and Reclamation Operations— Rule 6.4.4 (d), (e) The entire project will occur in one phase. The schedule for mining and reclamation follows. ,.� Initial Operations Everist will erect the initial concrete plant, maintenance and office facilities, and scale as located on Exhibit C-3. This will involve stripping of topsoil and overburden from the plant site area prior to erecting the processing equipment. The aggregate plant will be erected on the site in late 2001 or early 2002. Topsoil and overburden stripped from the plant area and within mining limits will be stockpiled for later use in reclamation. Initial mining will create the ponds for use as process water ponds. Raw materials will be stockpiled for later processing. Stripping of other portions of the site will allow for the excavation of de-watering ditches, settling ponds, and setting the pumping systems. Overhead powerlines and transformers will be installed to provide power for the electric dewatering pumps and plant equipment. Subsequent mining will progress north and then eastward into the French Property (Area C, See Exhibit C-3). Mining with an approximate 1:1 slope will occur in all areas. As soon as the deposit floor in the Lohmann property has been reached and enough working area exposed, clay-lining of the pit edges will begin. Lohmann Sand and Gravel Mine.DMG.112 20055 L.G.Everist, Inc March 2001 8 Banks and Gesso, LLC Completion of Mining Once all on-site materials have been mined, final reclamation may begin. Specific procedures are described in detail in Exhibit E - Reclamation Plan, but are summarized as follows: the plants, processing facilities, and related structures will be removed. Final backfill of pit edges to near-grade will begin using bulldozers and scrapers to lower the plant site and fill remaining mined areas. Final topsoil placement from visual screening berms will precede the reseeding operations. Description of Overburden, Deposit and Underlying Stratum — Rule 6.4.4 (f) Based on exploratory boreholes, the topsoil-overburden ranges in depth from three to eight feet, averaging five feet in depth. Based on the number of vegetable and other agricultural crops grown in surrounding areas, the topsoils on the Lohmann and French parcels are believed to be relatively fertile for reclamation efforts. The alluvial deposit to be mined averages 34 feet in depth, or 29 feet in thickness. It varies from fine sand and gravels in the upper zones, to coarse sand and larger cobbles near the Pierre Shale bedrock. Gravel typically found in the area has a reputation for being processed into high quality concrete aggregates, asphalt aggregates, and other construction materials. The underlying strata on the property is a stiff, sandy clay which overlays a clayey, weathered bedrock, known as Pierre Shale. Primary and Secondary Commodities — Rule 6.4.4 (g) Construction aggregates, sand and gravel, will be the primary commodities taken from this proposed mining facility. Excess topsoil will be sold as a secondary commodity. Incidental Products — Rule 6.4.4 (h) It is not anticipated that there will be any incidental products as a result of this proposed operation. r Lohmann Sand and Gravel Mine.DMG.112 20055 L.G. Everist,Inc March 2001 9 Banks and Gesso, LLC EXHIBIT E — RECLAMATION PLAN Introduction Ten to fifteen percent of the proposed mining area will be backfilled and reclaimed as rangeland, while the majority of the site will be clay-lined or utilize slurry walls to create water storage and wildlife habitat. Public recreational use is not anticipated. The current uses of the proposed mining area and surrounding land are agricultural and residential with some oil and gas production; uses which are compatible with the proposed water storage and limited development uses. The existing residence and farming structures in the northwest corner of the permitted area will be relocated by the landowner to an area outside the permitted area during the course of mining operations (see Exhibit C-3). Oil and gas wells located on-site will be maintained indefinitely, and negotiations are underway with well and pipeline owners which will likely result in abandonment and/or relocation of certain existing oil and gas facilities. Materials Handling Mining and reclamation will proceed northerly, in one phase, from the southern portion of the site toward Weld County Road 26. The first area to be mined, approximately 6.5 acres north of and adjacent to the Last Chance Ditch, will be mined for the sand and gravel reserves and then backfilled using excess overburden from the permitted area and also inert fill materials, as defined by the Colorado Department of Health and Environment. The inert fill will be inspected before placement as backfill to prevent burial of any unacceptable material. According to a Memorandum of Understanding between the CDPHE and DMG, disposal of inert fill material is allowed on a DMG-permitted site if the amount of fill material imported is less than 1 million cubic yards and the disposal site is less than 15 acres in area. The site will meet both of these criteria. A significant amount of material to be used as backfill will be excess native overburden from the permitted area. Lohmann Sand and Gravel Mine.DMG.112 20055 L.G. Everist,Inc March 2001 10 Banks and Gesso, LLC All other mined land within the permitted area (from the oil well located in the south part of Lohmann to the north (Area B, Exhibit C-3), and all of the French property (Area C, Exhibit C-3)) will be reclaimed for water storage and limited development. Upon approval of this application, Everist will bond for twenty percent of the installation costs of the slurry wall and clay liner necessary to develop the water storage areas. Regarding the proposed slurry wall, Everist is submitting the following during the DMG 112 review process: a. Design Information b. Technical Specifications c. Construction Quality Control/Quality Assurance (CQA) Procedures d. Sample Construction Report The above-described components of the slurry wall design submittal address each major construction activity involved in the construction of the slurry wall, including: preparation of the site, slurry mixing and hydration, trench excavation, backfill preparation, backfill placement, and site cleanup. As mining is completed in the 41-acre western portion of the site (Area B, see Exhibit C- 3), the mined area will be lined with compacted clay, in accordance with DMG's Guide to Specification Preparation for Slurry Walls and Clay Liners as a Component of a Colorado Mined Land Reclamation Permit, to ensure stability and minimize infiltration and seepage. The thirteen acres making up the eastern portion of the mined area (Area C, see Exhibit C-3) will utilize slurry walls and take advantage of underlying shale to isolate the constructed water storage reservoir from the surrounding ground water system. Shale substrate will also be used to construct the clay liner in Area B. All grading of affected lands will occur in a timely manner to control erosion and siltation and will be appropriate for rangeland in the southern portion of the site that will be reclaimed for that use. All slopes will be no steeper than a 3H:1 V ratio. Lohmann Sand and Gravel Mine.DMG.112 20055 L.G.Everist, Inc March 2001 11 Banks and Gesso, LLC Topsoilinq Topsoil, segregated during mining and maintained in stockpiles within the permitted area, will be protected from erosion and maintained in a condition suitable for reclamation. Topsoil stockpiles will be seeded with temporary cover, if they remain in place for more than one growing season; and they will not be relocated until topsoil is to be replaced on disturbed, but graded, areas. Topsoil will be placed evenly and supplemented with soil amendments, as necessary, to restore growing media for an effective, self-regenerating cover appropriate for a rangeland use. Revegetation Following replacement of topsoil, and preceding revegetation, any disturbed areas located outside of the areas identified for future water storage, as well as the southern part of the mining area to be reclaimed as rangeland, will be graded and scarified if needed. Revegetation will utilize predominantly native grasses suitable for rangeland use. Everist will analyze topsoil samples in advance of seeding operations and submit these test results to the Natural Resources Conservation Service office for a specific seed mix recommendation. Specific seed mixes are identified in Tables E-1, E-2, and E- 3. Seeding will be accomplished using either a seed drill properly equipped to meter the native grasses of the mix, or using broadcast seeding followed by harrowing or raking. Seeding will be done after October 1st to facilitate successful germination. The development of weeds will be closely monitored to ascertain the need for control. Of greatest concern will be the development of Canada Thistle, Russian Thistle, Mustard, Kosha, Field Bindweed, and possibly Rye. If any of these appear during the first year after seeding, they will be controlled with mowing operations, at specific times. The presence of annual and biennial weeds during the first few years after seeding is normal and can be expected to diminish thereafter. The use of herbicides for weed control should wait at least one year after seeding, to allow the native grasses to gain stamina. Everist assumes responsibility for weed control on all areas of the site affected by mining operations. Lohmann Sand and Gravel Mine.DMG.112 20055 L.G. Everist,Inc March 2001 12 Banks and Gesso, LLC TABLE E-1 SEED MIX— Permanent Mix for Water's Edge PLS2 COMMON NAME APPROX VARIETY' LB/AC GRASSES PERCENT (%) OF MIX Big Bluestem Kaw 5.5 20 Green Needlegrass Lodorm 5.0 10 Switchgrass Grenville or Black 2.5 20 Western wheatgrass Arriba or Barton 8.0 50 'Variety unnamed native unless specified. 2 Pure Live Seed pounds per acre. Lohmann Sand and Gravel Mine.DMG.112 20055 L.G. Everist,Inc March 2001 13 Banks and Gesso, LLC TABLE E-2 SEED MIX —Temporary Cover for Topsoil Berms COMMON NAME SEEDING VARIETY ' GRASSES RATE IN PLS2 LB/AC Thickspike Wheatgrass Critana 3.0 Streambank Wheatgrass Sodar 3.0 Western Wheatgrass Arriba 3.0 Slender Wheatgrass Premier, San Luis 3.0 Creeping Red Fescue Dawson 1.0 'Variety unnamed native unless specified. 2 Pure Live Seed pounds per acre. Lehmann Sand and Gravel Mine.DMG.112 20055 L.G.Everist, Inc March 2001 14 Banks and Gesso, LLC TABLE E-3 SEED MIX— Permanent Mix for Pit Edges and other Disturbed Areas PLS2 COMMON NAME VARIETY' LB/AC APPROX GRASSES PERCENT (%) OF MIX Western Wheatgrass Arriba or Barton 8.0 50 Sideoats Grama Vaughn 4.5 30 Blue Grama Hachita or Lovington 1.5 20 'Variety unnamed native unless specified. 2 Pure Live Seed pounds per acre. Lohmann Sand and Gravel Mine.DMG.112 20055 L.G.Everist,Inc March 2001 15 Banks and Gesso, LLC EXHIBIT F — RECLAMATION PLAN MAP The proposed post-mining contours are shown in Exhibit F, Reclamation Plan Map. Lohmann Sand and Gravel Mine.DMG.112 20055 L.G. Everist, Inc March 2001 16 Banks and Gesso, LLC EXHIBIT G —WATER INFORMATION Overview This section describes the existing water features in and nearby the proposed mining permit area, potential impacts on water resources due to mining, and water requirements for the project. Local surface water features in the vicinity of the project are shown on Exhibit B, Index Map and on Exhibit C-1, Man-Made Features. A Gravel Well Permit and Temporary Substitute Supply Plan will be submitted to the Colorado State Engineer at the Division of Water Resources for approval. Surface Water The nearest major watercourse is the St. Vrain Creek, which flows approximately one- half mile from the northwest corner of the site. Water collected from excavation will be clarified in the collection ponds and used for on-site operations. Prior to any discharge activity to the St. Vrain Creek, the Operator will obtain a CDPS Permit and permission from the ditch company to allow the use of their ditch to convey de-watering flows. Groundwater Wells located within 600 feet of the permit boundary for the site are shown in Exhibit C- 1. The wells listed as being within 600 feet of the permit boundary are all alluvial wells. Domestic water is supplied to the area by the Central Colorado Water Conservancy District via a water main running down Weld County Road 26. Mining of the proposed excavation area of the permit will be by a dry-mining method, necessitating the exposure of groundwater on the site. Dewatering operations will begin prior to material excavation, and will be collected in an on-site pond system located in the southern section of the site. Mining will expose approximately 8.0 acres for the first year and 8.3 additional surface acres the second year and will thereafter steadily increase total exposed acres by approximately 8.0 surface acres per year for the duration of the operation. Lohmann Sand and Gravel Mine.DMG.112 20055 L.G. Everist,Inc March 2001 17 Banks and Gesso, LLC Water Requirements of Operations Consumptive use of water will be through dust suppression in the plant areas and the interior haul road, through evaporative loss from excavated materials and alluvial groundwater exposed due to mining, and through water used for concrete production. The total annual consumptive use due to these factors will be approximately 32.61 acre- feet for the first year and 58.36 acre-feet the second year. An annual accounting of the consumptive use of the mining operation's water needs will be submitted to the Division of Water Resources as part of the Temporary Substitute Supply Plan. Water Rights As a source for its water requirements, L. G. Everist and Lohmann will commit 1.0 share of the Rural Ditch water rights, in the amount up to 121.40 acre-feet per year for replacements needs incurred from mining and operation depletions. Lohmann Sand and Gravel Mine.OMG.112 20055 L.G.Everist,Inc March 2001 18 Banks and Gesso, LLC EXHIBIT H —WILDLIFE INFORMATION Based on a search of the Colorado Natural Heritage Program records, there are no known Threatened and Endangered species of plants or animals on either the Lohmann or French properties (see Appendix C). Current land use of the site excludes most, if not all, wildlife use and provides relatively low quality habitat. In fact, urban development from the Town of Firestone is fast encroaching the project site from the south and west. The Town of Firestone has identified the plot of land abutting the Lohmann property to the west as an area for future residential development, further indicating that the site is not prime conservation land. Lohmann Sand and Gravel Mine.DMG.112 20055 L.G. Evenst, Inc March 2001 19 Banks and Gesso, LLC EXHIBIT J —VEGETATION INFORMATION Overview Current and historic agricultural activities in the proposed mining area consist entirely of irrigated crops. The 82-acre site has been planted primarily in hay, corn, or used as pasture. A preliminary site investigation performed by Savage and Savage, Inc., in January, 2001, indicated that there may be areas on the subject site for which there is a possibility that critical habitat exists for the threatened Ute Ladies-tresses Orchid. A pedestrian survey will be performed by Savage and Savage during the blooming season for the Orchid, between July 20 and August 31 of this year, in order to determine if such habitat exists. No mining will occur until this survey is completed. No other significant stands of vegetation have been identified on the site. Vegetation on the proposed permit site is distinguishable by proximity to water features and areas of cultural disturbance. Some trees, for example, were planted to serve as windbreaks near structures on the northern portion of the site. Most of the site is degraded pastureland and provides sparse cover. Limited areas of the site have been subject to frequent flooding and overspilling from irrigation ditches, leading to the presence of sedges and other wet meadow species. Lohmann Sand and Gravel Mine.DMG.112 20055 L.G. Evenst, Inc March 2001 21 Banks and Gesso, LLC EXHIBIT K— CLIMATE INFORMATION The attached climate summary data was obtained for the Longmont Station from the Western Region Climate Center. LONGMONT 2 ESE, COLORADO (055116) Period of Record Monthly Climate Summary Period of Record : 8/ 1/1948 to 7/31/2000 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual Average Max. 42.0 46.6 52.7 62.0 71.7 82.2 88.5 86.5 78.3 67.0 52.1 44.4 64.5 Temperature (F) Average Min. 11.7 16.8 23.1 31.9 42.2 50.3 55.3 53.3 44.1 32.8 22.1 14.4 33.2 Temperature (F) Average Total 0.40 0.38 1.10 1.70 2.48 1.76 1.13 1.26 1.24 1.35 0.67 0.47 13.93 Precipitation (in.) Average Total 5.6 4.3 7.2 4.1 0.4 0.0 0.0 0.0 0.4 1.5 5.2 6.0 34.7 SnowFall (in.) Average Snow 1 1 0 0 0 0 0 0 0 0 0 1 0 Depth (in.) Percent of possible observations for period of record. Max. Temp.: 99.6% Min. Temp.: 99.6% Precipitation: 99.7% Snowfall: 97.5% Snow Depth: 91.1% Check Station Metadata or Metadata graphics for more detail about data completeness. Western Regional Climate Center, wrcc(a�dri.edu Lohmann Sand and Gravel Mine.DMG.112 20055 L.G.Everist,Inc March 2001 22 Banks and Gesso, LLC EXHIBIT L - RECLAMATION COSTS An estimate of the reclamation costs is provided in Table L. r Lohmann Sand and Gravel Mine.DMG.112 20055 L.G. Everist, Inc March 2001 23 Banks and Gesso, LLC TABLE L * RECLAMATION COST ESTIMATE Item Quantity Unit Price Cost Backfill 3:1 pond slope 450,000 $0.40/ CY $ 180,000 Dewater pit (volume below water table) 1,000 $35/ ac-ft $ 35,000 Excavate shale material (Area B liner) 20,000 $0.15/ CY $ 3,000 Backfill to grade (Area A) 360,000 $0.50/ CY $ 180,000 Topsoil application 14,500 $0.40/ CY $ 5,800 Final Grading/Contouring 30.2 $100/AC $ 3,020 Grass seeding/mulching/fertilizing 18.3 $250/AC $ 4,575 Slurry Wall installation (Area C) 118,400 $3.00/ SF $ 355,200 DIRECT COSTS $ 766,595 Overhead and profit (14.6%) $ 111,923 CONTRACT AMOUNT $ 878,518 Project Management (9.25%) $ 81,263 TOTAL COST (See * below) $ 959,781 Notes: 1.) Unit prices are based on recent DMG estimates for similar operations. 2.) 18-inch liner thickness is assumed in this cost estimate; this figure may be adjusted by subsequent detailed design. * The Exhibit L cost estimate represents the full cost of reclamation for developed water storage. As described in Exhibit E of this document, the Applicant will provide the Division of Minerals and Geology plans sufficient for bonding at 20 percent of the reclamation costs shown above. Lohmann Sand and Gravel Mine.DMG.112 20055 L.G. Everist, Inc March 2001 24 Banks and Gesso, LLC EXHIBIT M - OTHER PERMITS AND LICENSES Additional permits/approvals required for this project are as follows: • Weld County Use by Special Review Permit • Air Emissions Permit and Particulate Emissions Control Plan from the Colorado Department of Public Health and Environment (CDPHE —Air Pollution Control Division) • Colorado State Engineer's Office Gravel Well Permit and Temporary Substitute Supply Plan • CDPS Discharge Permit for discharge of ground water from dewatering the gravel pit (from the CDPHE —Water Quality Control Division) • Weld County Flood Hazard Development Permit All mobile processing equipment and the concrete batch plant to be used at the proposed mine will also have permits issued by CDPHE-APCD. An application for a Use by Special Review Permit (Mining) is being submitted to Weld County. Historic Resources A search of the Colorado Cultural Resource Inventory indicated that there may be a historic barn on the subject site. A site investigation found this structure to be located outside of the proposed mining limits and therefore not subject to possible damage or disturbance. Other significant historical or archaeological sites that may be encountered during mining shall be studied and preserved and/or recorded, if deemed warranted by Colorado Historical Society, Office of Archaeology and Historic Preservation. Lohmann Sand and Gravel Mine.DMG.112 20055 L.G.Everist,Inc March 2001 25 Banks and Gesso, LLC EXHIBIT N -SOURCE OF LEGAL RIGHT TO ENTER Attached is an Option and Lease Agreement between Theodore M. and Linda C. Lohmann and Andesite Rock Company, a wholly-owned subsidiary of L.G. Everist, Inc., and between James M. and Dolores L. French and Andesite Rock Company, which authorizes the Applicant to enter the property and to act as permit holder for the purposes of mining and reclaiming the property. Lohmann Sand and Gravel Mine.DMG.112 20055 L.G.Everist, Inc March 2001 26 STATEMENT OF LEGAL RIGHT-TO-ENTER This statement acknowledges that ANDESITE ROCK COMPANY and THEODORE M. LOHMANN AND LINDA C. LOHMANN already have an OPTION AND LEASE AGREEMENT, dated November 30, 2000, which gives ANDESITE ROCK COMPANY the LEGAL RIGHT-TO- ENTER the landowner's property in order to mine the sand and gravel reserves and to reclaim the property, as specifically stated in the OPTION AND LEASE AGREEMENT. This statement acknowledges that ANDESITE ROCK COMPANY is a wholly-owned subsidiary of L. G. EVERIST, INC.. This statement acknowledges that L. G. EVERIST, INC., may do business as both L. G. EVERIST, INC., and as ANDESITE ROCK COMPANY. This statement acknowledges that L. G. EVERIST, INC., is to be the PERMIT HOLDER of the Colorado Division of Minerals and Geology 112 RECLAMATION PERMIT. This statement acknowledges that the landowner, THEODORE M. LOHMANN AND LINDA C. LOHMANN gives L. G. EVERIST, INC., the LEGAL RIGHT-TO-ENTER the property as stated r specifically in the OPTION AND LEASE AGREEMENT already held with ANDESITE ROCK COMPANY, in addition to giving ANDESITE ROCK COMPANY the LEGAL RIGHT-TO-ENTER. IN WITNESS WHEREOF, the parties hereto have executed and acknowledged this Statement of Legal Right-to-Enter on the date and year given below. LANDOWNER (LESSOR) p Theodore M. Lohmann Linda . Lohmann - Ib - c � Date Date State of Colorado ld ) County of!��) ss ;-40flY kite/ The foregoing instrument was acknowledged before me on this / % .ay 2001, by Theodore M. Lohmann and Linda C. Lohmann. 1 CON ERSE Witness my hand a d offi ........... I seal, � ' ftzt Notary Public: jI,J_ch�� ( My Commission expire .`a.;!.,= j .. 1, O03a_ My Comm. , LM/LOH-LegalRightToEnter-lohmann 1 r PERMIT HOLD (L EE) L. G. EVEftI R. A. Even Title / Date 3/4 0 State of Colorado ) County of (� ) ) ss The foregoing instrument was acknowledged before me on this 10 day of 2001, by R.A. Everist, as V I C) I �/jj(({'lit of L. G. EVERIST, INC. Witness my hand a official eal, �NY Pi/" Notary Public: , ��i �Cl°�It u 11�.�ci aL My Co is-on asiires: I' 1 i , tCONVERSE t eat Hy Comm.Echo Jen.1,2002 LM/LOH-LegalRightToEnter-lohmann 2 r .- ., STATEMENT OF LEGAL RIGHT-TO-ENTER This statement acknowledges that ANDESITE ROCK COMPANY and JAMES M. FRENCH AND DOLORES L. FRENCH already have an OPTION AND LEASE AGREEMENT, dated March 2, 2001, which gives ANDESITE ROCK COMPANY the LEGAL RIGHT-TO-ENTER the landowner's property in order to mine the sand and gravel reserves and to reclaim the property, as specifically stated in the OPTION AND LEASE AGREEMENT. This statement acknowledges that ANDESITE ROCK COMPANY is a wholly-owned subsidiary of L. G. EVERIST, INC.. This statement acknowledges that L. G. EVERIST, INC., may do business as both L. G. EVERIST, INC., and as ANDESITE ROCK COMPANY. This statement acknowledges that L. G. EVERIST, INC., is to be the PERMIT HOLDER of the Colorado Division of Minerals and Geology 112 RECLAMATION PERMIT. This statement acknowledges that the landowner, JAMES M. FRENCH AND DOLORES L. FRENCH gives L. G. EVERIST, INC., the LEGAL RIGHT-TO-ENTER the property as stated '1 specifically in the OPTION AND LEASE AGREEMENT already held with ANDESITE ROCK COMPANY, in addition to giving ANDESITE ROCK COMPANY the LEGAL RIGHT-TO-ENTER. IN WITNESS WHEREOF, the parties hereto have executed and acknowledged this Statement of Legal Right-to-Enter on the date and year given below. LANDOWNER (LESSOR) J es M. French o es . Frenc 3 'la-- O/ 3 .2d- 0/ Date Date State of Colorado ) a- ) ss County of(� ) °bon P. The foregoing instrument was acknowledged before me on this - y of 2001, by James M. French and Dolores L. French. KIM !CONVERSE Witness my hand a d offi • I seal, �, tl�'• r�O�: Notary Public: {l, 2 /L, till / - My `r.. •/ S �►� ),QOa— Commission exp ^''Comm.LM/LOH-LegalRightToEnter-french " .t, '1 1 PERMIT H• D R SSE ) L. G. EV RI I R. A. veris tr�� .3 /& co/ Title �� p Date State of Colorado ) ) ss County of 11 ) The foregoing instrument was acknowledged before me on this lb day of /WU L 2001, by R.A. Ev • I P t' ,/. I. of L. G. EVERIST, INC. GYP Witness my Notary Pu : � �] _ , ,' My Commission expires: Italhj I , �QQ� t E ° vs J eOF CO- My Comm.BatesJen.1,2002 • LM/LOH-LegalRightToEnter-french 2 Banks and Gesso, LLC • EXHIBIT P- MUNICIPALITIES WITHIN 2 MILES The municipal limits of the Town of Firestone are located within two miles of the proposed project site. Town of Firestone P.O. Box 100 Firestone, CO 80520 Lohmann Sand and Gravel Mine.DMG.112 20055 L.G. Everist,Inc March 2001 28 Banks and Gesso, LLC EXHIBIT Q- PROOF OF MAILING OF NOTICES TO COUNTY COMMISSIONERS AND SOIL CONSERVATION DISTRICT Proof of mailing the notices to County Commissioners and Soil Conservation District is found in letters on the following pages. r Lohmann Sand and Gravel Mine.DMG.112 20055 L.G.Everist, Inc March 2001 29 NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR(112)CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF SUPERVISORS OF THE LOCAL SOIL CONSERVATION DISTRICT Longmont Soil Conservation DISTRICT L.G. Everist. Inc. (the"Applicant/Operator")has applied for a Regular(112)reclamation permit from the Colorado Mined Land Reclamation Board(the"Board")to conduct the extraction of construction materials operations in Weld County. The attached information is being and nature of di proposed operation. The ate provided to notify you of"Division") he satiou and the localclerk or application is on file with the Division of Minerals and Geology(the county recorder. The applicant/operator pis to reclaim the affected land to Developed Water Resources use. Pursuant to Section 34-32.5-1 16(4Xm),C.RS.,the Board may confer with the local Soil Conservation Districts before approving of 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 on the application within twenty(20)days of the date of last publication of notice pursuant to Section 3432.5-112(10),C.R.S. Ifyou would like to dismiss the proposed post-mining land use,or any other issue regarding this application,please contact the Division of Minerals and Geology, 1313 Shaman Street,Room 215,Denver,Colorado 80203,(303)866-3567. NOTE TO APPLICANT/OPERATOR You must attach a copy of the application form to this notice. If this is a notice of a change to a previously filed application you must either attach a copy of the changes,or attach a of the change. complete and accurate description U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) v ii ] ddb O Postage a .O7�(0 % m certified Fee I I O \ : e POs Return Receipt Fee •fra.4Endorsement Required) �� o°0M3'Ø ] trsom Delivery Fee - ] "'moment Required) ] Total Postage&Fees $y, t W Sat To nf-............................... ] . � Cit............ ........ t/a ? NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR(112)CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS Weld COUNTY L.G.Everist,Inc. (the"Applicztt/Operatorl has applied for a Regular(112)tcdamatian pant from the Colorado Mined Land Reclamation Board(the'Board")to conduct the extraction of construction materials operations 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 Division of Minerals and Geology(the"Division")and the local county clerk or recorder. The applicant/operator proposes to reclaim the affected land to Developed Water Resources use, Pursuant to Section 34-32.5-116(4Xm),C.RS.,the Board may confer with the local Board of County Commissioners before approving of the post-mining land use. Accordingly,the Board would appreciate your comments an 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 on the application within twenty(20)days of the date of last publication of notice pursuant to Section 34-32.5-112(10),C.R.S. If you would tike to discuss the proposed post-mining land use,or any other issue regarding this application,please contact the Division of Minerals and Geology, 1313 Sherman Sired,Room 215,Denver,Colorado 80203,(303)866-3567. NOTE TO APPLICANT/OPERATOR You must attach a copy of the application form to this notice. If this is a notice of a change to a previously filed application you must either attach a copy of the changes,or attach a complete and accurate description of the change. U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) r r / n- Postage $ Ue 747 r " stk Certified Fee I Q yP B9 os marark Return Receipt Fee S!' 0 �+ 7 (Endorsement Required) (a C) :J ` Restricted Delivery Fee rL 1 (Endorsement Required) /I r Y y (7 0 (Total Postage&Fees $ if. 7AiO J`-'e a Mad (Dut A-icon r`-E" czt-ft-t ss )1-1r) Sphap.lilt r72. 4�` 5 i / Banks and Gesso, LLC EXHIBIT R— PROOF OF FILING WITH COUNTY CLERK AND RECORDER The proof of filing with the Weld County Clerk and Recorder is found on the following pages. Lohmann Sand and Gravel Mine.DMG.112 20055 L.G. Everist,Inc March 2001 30 Banks and Gesso, LLC EXHIBIT S - PERMANENT MAN-MADE STRUCTURES L. G. Everist is contacting all owners of man-made structures within 200 feet of the affected area for the permit. L. G. Everist will in each case offer to repair damage to structures resulting from mining activities and will attempt to reach an agreement with each structure owner, as preferred under Colorado Division of Minerals and Geology Construction Materials Rules. The Operator will stay 200 feet away from all listed structures until an agreement can be reached with the owners of those structures. In cases where no agreement can be reached, the Operator will submit a slope stability analysis to the DMG and receive approval prior to engaging in plans to mine closer than 200 feet. Permanent, man-made structures within 200 feet of the affected land include: �- STRUCTURE OWNER Oil and gas pipeline Duke Energy Stormwater ditch ST-Firestone, LLC (Oakmeadows PUD) Fiber Optic cable AT&T Overhead Power lines United Power Overhead Telephone lines Qwest Water line Central Weld County Water District Residence and related structure Dennis and Carolyn Seewald Last Chance Ditch Last Chance Ditch Company Sewer line St. Vrain Sanitation District Oil Wells Bataa Oil Inc. r Lohmann Sand and Gravel Mine.DMG.112 20055 L.G. Everist, Inc March 2001 31 Banks and Gesso, LLC APPENDIX 7 Wells Within 200' of Affected Land No wells are located within 200' of the affected land. r Lohmann Sand and Gravel Mine.DMG.112 20055 L.G. Everist, Inc March 2001 32 Banks and Gesso, LLC APPENDIX 2 Preliminary Report on Wetlands, Ute Ladies-tresses Orchids, Prebles Meadow Jumping Mouse, and Western Burrowing Owl r Lohmann Sand and Gravel Mine.DMG.112 20055 L.G. Everist, Inc March 2001 33 EST o� DEPARTMENT Or THE ARMY tit CC CORPS OF EHGIMeERS.OMAHA DISTRICT `' o!HVCR RCCULATORY OFFICE,9307 S.PLATTE CANTON ROAD + �' uTTLET0N,COLORADO e011a-6901 February 27,2001 / *CPO'to e ATTCFTICn R,•: Lre,o•"' Mr.David B.Mehan Wright Water Engineers,Inc. 2490 West 26s'Avenue,Suite 100A Denver,Colorado 80211 RE: Wetland Determination for Lohmann and French Properties Corps File No.100180135 Dear Mr.Mehan: Reference is made to your February 21,2001 letter to this office concerning the above-mentioned property located in the NW V.of Section 6,Township 2 North,Range 67 West, Weld Comity, Colorado. Our office accepts your determination that there are no wetlands or other waters of the U.S.on this site. in that regard, a Department of the Army permit will not be required for any work at this site. Although a Department of the Army permit will not be required for work at this site,this does not eliminate the requirements that other applicable federal, state,tribal, and local permits be obtained if needed. if there are any questions concerning this matter,please call Mr. Terry McKee of this office and reference Corps File No.200180135. Sincerely, limo T.C rey Chief,Denver Regula ffce tm • WWE Wright Water Engineers, Inc, 2490 Wes?26th Ave,Suite I0G' www.wdghMRttscong w ei Derives Colorado 80211 emstTwtlghtewtlghMoteEcnm 1303)4861700 TEL (3031480.1020 FAX February 21,2001 Mr.Terry McKee U.S.Army Corps of Engineers Tri-Lakes Office 9307 South Platte Canyon Road Littleton,CO 80128-6901 Re: Wetland Determination for Lohmann and French Properties Dear Terry: This letter is being provided on behalf of L.G.Everist, Inc.(LGE)to request a wetland determination for the Lohman and French properties in Weld County,Colorado. The properties,which consist of approximately 82 acres, are located in the NE'/. and NW'/ of Section 6, T2N, R67W, (latitude 40°10'15", longitude 104°56'00") in Weld County. A vicinity map is attached. Both properties consist of agricultural land that has been used for crop production and grazing. The Last Chance Ditch runs along the southern edge of the properties. Both sites have been irrigated by flood irrigation for the past many years. The properties were observed in the field on February'19, 2001 to determine if any jurisdictional wetlands exist. The site was free of snow and soils were not frozen on this day. It was found that several species of wetland plants (foxtail barley, three-square, salt grass) ocbur sporadically in patches on the Lohmann property, particularly in low spots near irrigation laterals. However, hydrophytie vegetation is not dominant on this site. Furthermore, the areas of hydrophytie vegetation are isolated and not adjacent to, or otherwise hydraulically connected to, an "interstate water." The only natural waterway in the vicinity of the property is the St Vrain River, which is located approximately one-half mile north of the site(Figure 1). The French property was in a tilled condition and planted in sugar beets last year. No wetlands exist on the property. • We request your written concurrence that the Lohmann and French properties do not contain any jurisdictional wetlands or other waters regulated under Section 404 of the Clean Water Act. Please contact us should you have any questions or require additional information. Sincerely, WRIGHT WA . R GIBE ,IN . RECEIVED By fir r[n 3 20131 o DaGB'B.Mehan, P .b. Ends. cc: Lynn Mayer, L.G.Everist, Inc. CA$R t-ozsvaoa,m°hmnde GLENWOOD SPRINGS DURANGU (9/01 941/2 /155 TEL (970)945-9210 FM 1970)759 741 I IEL (970)259-0750 FM ( el ter 40:1 el.k. .••l' 4)\--21ti i el . • ; \ i $ :,n v1 / 1 �N v•sQ ,. J Yfr ate[ � i .`•;\1- r3^+.% • 1:' r .r. •. ' �u.,ed tVnuin 3e�y Y✓"C1 L 6i �'-; 361 / C c.a.:. "•1 ' . }r `rte � f`'' _ ~_ y. 1 1 ol 32 1 ci.1. �_ 4 i... $IIhj0Ct • i re! VI C., 1.-'•-`..;.r-. 4813 ` 1....v4--Y,, a.�+d.T .•4rtac-t .e9rircN /1J ,�� ` cif .,. •..:�1; .J ``/ le is 44 4 i re V3 r C •; .• r .. li AWAY Wig, /c —/�` S /\J 5 :,f: /1 r: / 1 if �� ..I. \\ Tr/ - .. . ._-•r., • c•.._.Ii I' ` :•; _.---•r `•.� %c,�`� .-• /-v ' s '1�=20 0'•., • .p- r-1 4 Exhibit B:Index Map Le.Evoristl Inc. • Sandal Gravel Mine 1/9/00 20055 Savage and Savage practical solutions for environmental problems 464 West Sumac Court 303 666-7372 telephone Louisville,Colorado 80027-2227 303 665-6808 facsimile January 12,2001 Alex P. Schatz Banks and Gesso,LLC 720 Kipling Street, Suite 117 Lakewood,Colorado 80215 Re: Preliminary Investigation of Lohman and French Properties, Weld County, Colorado Dear Mr. Schatz: On January 8, 2001, Savage and Savage conducted a preliminary site investigation of the Lohman and French properties that may be developed for mineral extraction. The purpose of the site investigation was to assess the likelihood of encountering jurisdictional wetlands, and potential habitat for Preble's meadow jumping mice (Zapus hudsonius preblet), Ute ladies-tresses orchids (Spiranthes diluvialis), and western burrowing owls(Athene cunicularia). The site investigation consisted of a pedestrian and vehicle inspection of approximately 55 acres located within Section 6, Township 2 North, Range 67 West of the Sixth Prime Meridian, Weld County, Colorado. Both properties are bounded on the north by County Road 26 and on the south by the Last Chance Ditch (see General Location Map). An unpaved farm road running north-south separates the Lohman and French properties. Currently, the properties have several ongoing land uses including agriculture (hay), grazing, oil and gas production, and residential. Adjacent land uses include oil and gas production, agriculture, grazing, and residential. Findings of the preliminary site investigation are detailed below. The general location of any potential habitat for species of special concern and potential jurisdictional wetlands are depicted on the attached map. Waters of the United States Waters of the United States,regulated by the U.S. Army Corps of Engineers (Corps), are all waters which were, are, or could be used in interstate commerce; and in Colorado include (but are not limited to) rivers, streams, ponds, sloughs, and wetlands. There are three water conveying features on the Lohman and French properties. The first feature is the Last Chance Ditch that skirts the south property line of both the Lohman and French properties. The second feature is the seep ditch that is located immediately north of the Last Chance Ditch. The third feature is a concrete lined drainage channel that enters the Lohman property south of the Last Chance Ditch. The Omaha District of the Corps does . Alex P. Schatz January 12, 2001 page 2 not consider the concrete lined drainage channel to fall under Corps jurisdiction. However, both the Last Chance Ditch and the seep ditch fall under the jurisdiction of the Corps. The Last Chance Ditch and the seep ditch appear to contain all three criteria necessary to fall under Corps jurisdiction. Two ponds are located within the Lohman property. The first pond is located in the northeast corner of the south hayfield. The second pond is located in the southeast corner of the lower cow pasture. Both fall under the jurisdiction of the Corps, as waters of the United States. Jurisdictional Wetlands Regulated jurisdictional wetlands encountered in Colorado include submergent, emergent, wet meadows, sloughs, surface water drainage ditches, bogs, and potholes. Within the Lohman property, potential jurisdictional wetlands were observed within pockets in the south hayfield and the cow pasture southeast of the Lohman residence. Within the French property, potential jurisdictional wetlands were observed within a triangle at the southwest property boundary. Jurisdictional wetlands continue from this triangle along the ditch that runs north parallel with the road that separates the properties. Preble's Meadow Jumping Mouse Habitat The Preble's meadow jumping mouse (Zapus hudsonius preblel) is a federally listed threatened species which generally occurs near wetlands and water bodies. Currently, the U.S. Fish and Wildlife Service (USFWS) and Corps are requiring habitat assessment and/or live-trapping surveys for all projects in potential Preble's habitat. The property was evaluated for potential Preble's habitat, based on the current USFWS guidelines. No potential Preble's habitat was found within the properties. Ute Ladies-tresses Orchid Habitat The Ute ladies-tresses orchid (Spiranthes diluvialis) is a federally listed threatened plant species characteristically found in wet meadows and alluvial flood plains below 6500 feet in northern Colorado, southwestern Wyoming, and the Uintah Basin of Utah. Habitat assessments and/or pedestrian surveys during the blooming period are required for sites within the South Platte River 100 year floodplain and in characteristic habitat which includes areas with a seasonally high water table, wet meadows, stream channels, floodplains, areas with vegetation in the facultative wet or obligate classification, and jurisdictional wetlands. Potential critical orchid habitat was identified within the potential jurisdictional wetlands located at the Lohman property within the south hayfield and the cow pasture located southeast of the Lohman residence. Alex P. Schatz January 12, 2001 page 3 Western Burrowing Owl Habitat The State of Colorado lists the western burrowing owl (Athene cunicularia) as a threatened species of special concern. While the burrowing owl does not fall under the protections of the federal Endangered Species Act, it is protected under the federal Migratory Bird Act and State of Colorado statutes that prohibit the killing of this species. If the owl is identified, mitigation or avoidance measures may be required. The western burrowing owl is a summer migratory resident of Colorado, found primarily in grasslands and mountain parks, usually in or near black-tailed prairie dog or Richardson's ground squirrel colonies. The owls may also use well-drained steppes, deserts, prairies, and agricultural lands. No burrowing owl habitat was observed on either property during our site investigation. Discussion and Recommendations Waters of the United States are located within both the Last Chance Ditch and the seep ditch. Jurisdictional wetlands are likely present within both the Lohman and French properties. Potential jurisdictional wetlands within the Lohman property are located within the south hayfield and the cow pasture located southeast of the Lohman residence. Potential jurisdictional wetlands within the French property are located within the triangle north of the intersection of the Last Chance Ditch and the road separating the properties. Characteristic potential habitat for the Ute ladies-tresses orchid is present within the two jurisdictional wetlands located within the Lohman property and the one jurisdictional wetland located within the French property. There is no potential Preble's habitat within the Lohman or French properties. Waters of the United States and jurisdictional wetlands are present within both properties. If development envisions impacting either ditch or potential wetlands, a jurisdictional wetland delineation should be undertaken to characterize the wetlands and establish areal extent. Impacts requiring a permit from the Corps include (but are not limited to) outfalls, riprap placement, reconfiguration and relocation of the ditches, trenching across the ditches for line installation, and installation of culverts or bridge structures. If impacts to potential wetlands are anticipated, a Ute ladies-tresses orchid survey should be conducted prior to disturbance. We do not consider the Last Chance Ditch to contain potential Preble's habitat, but we recommend that a disqualification be obtained from the USFWS. Alex P. Schatz January 12,2001 page 4 If I can provide additional information or clarification regarding the preliminary investigation, please call me at your convenience. Sincerely, Edith �t 66(, ft, ava�ge 0 President Enclosure: General Location and Features Map 2:: . o ii ....... g • I. I, 1 I. � - Brf,Y 14 w1569 4s5 1 Y 1 © jh v;. ' °< x' Vrsin Sch aI* 31 a ` e pp p il- a N QQ F ANN e � � ' t . n ° 1 �e y h ; • ` o — I J W .t _roota e / v 1 - - ^ 48131 • • , yam o CHANCE' - - y ( k I x 2 ee t• • Jj4<r) e a r1/4___,:ihrr 2 p f r. a • 4. - • LohminWrench Pro•ertles H•' i ®g pd 1 0- . ....•• '+ •� Y �-•_ 'Wen • � �- --- 48 I • • II i II Q M II Y 4 © 6 I a g °it ©ss ,,[[11�� d i�B 0 vv 1 ,I II ;i 11 O8 A9°O u -�. O li o. ..-1----it-rn • • • 'al CC: Q Q, A. General Location and Features Ma• • Y ';\\I) . 1 INF.; 1,N o Ih 1MT 1°1C tom o taco 7009 3000 1aoorm Pt•d4TOPOI 01998 WddOowt Pleasant.(www.toposo•4 Banks and Gesso, LLC APPENDIX 3 Colorado Natural Heritage Program File Search Lohmann Sand and Gravel Mine.DMG.112 20055 L.G. Everist,Inc March 2001 34 University January 17,2001 Colorado Natural Heritage Program College of Natural Resources 254 General Services Fort Collins,Colorado 80523-6021 (970)491-1309 John Cunningham g FAX:(970)491-3349 Banks and Gesso www.cnhp.colostate.edu 720 Kipling Street, Suite 117 Lakewood,CO 80215 Dear Mr.Cunningham: The Colorado Natural Heritage Program(CNHP)is in receipt of your request for information regarding the Andesite Rock Company reclamation permitting project. In response,CNHP has searched its Biological and Conservation Datasystem(BCD)for natural heritage resources(occurrences of significant natural communities and rare,threatened or endangered plants and animals)documented from the area of T2N R67W Section 6 in Weld County,Colorado,per your request. At this time, no documented rare or imperiled occurrences of plants or animals, including Threatened and Endangered species, have been located in the area of interest. There is a historical record in the vicinity of the proposed project area for the cylindrical papershell mollusk(Anodontoides ferussacianus). I.have included a characterization abstract for this mollusk. The information contained herein represents the results of a search of Colorado Natural Heritage • Program's(CNHP)Biological and Conservation Data System(BCD). However,the absence of data for a .. particular area, species or habitat does not necessarily mean that these natural heritage resources do not occur on or adjacent to the project site, rather that our files do not currently contain information to document their presence. The information provided can be used as a flag to anticipate possible impacts or to identify areas of interest. If impacts to wildlife habitat are possible,these data should not be considered a substitute for on- the-ground biological surveys. Although every attempt is made to provide the most current and precise information possible,please be aware that some of our sources provide a higher level of accuracy than others,and some interpretation may be required. CNHP's data system is constantly updated and revised. Please contact CNHP for an update or assistance with interpretation of this natural heritage information. Sincerely, Beth Van Dusen Environmental Review Coordinator �4(iu ee, tea i Q; ,- 1 Cb[OR/CP Invertebrate Characterization Abstract for Colorado ANODONTOIDES FERUSSACIANUS CYLINDRICAL PAPERSHELL Taxonomy: TAXCLASS: BIVALVIA ORDER: UNIONOIDA FAMILY: UNIONIDAE GENUS : ANODONTOIDES IDENTIFICATION COMMENTS: Shell large (up to 114 mm in length) , elongated-oval, narrow to highly inflated (w/h 32-0 .85) , yellowish white to olive or dark brown. Beak with 2-3 indistinct single-looped sculpture; hinge without teeth. Interior nacreous, usually white or bluish white, sometimes peach colored near the beak cavity. () Status: GLOBAL RANK: G5 STATE RANK: S2 FED. LEGAL STATUS: STATE LEGAL STATUS : FED. AGENCY STATUS: Habitat: MINIMUM ELEV: MAXIMUM ELEV: HABITAT COMMENTS : Lakes, ponds, small creeks, large rivers, backwater areas, all containing sand, mud, mixture of both, or gravel . (Wu 1978) REPRODUCTIVE HABITAT COMMENTS : GLOBAL REPRODUCTIVE HABITAT COMMENTS: Known glochidial hosts are mottled sculpin and the sea lamprey (Clarke 1981) . Distribution: COUNTY NAME: COUNTY STATUS REFERENCE: Boulder Confirmed Denver Confirmed Morgan Confirmed Sedgwick Confirmed Weld Confirmed STATE RANGE: South Platte River drainage only (Wu 1978) . Phenology: JANA: APRA: JULA: OCTA: JANB: APRB: JULB: OCTB: FEBA: MAYA: AUGA: NOVA: FEBB: MAYB: AUGB: NOVB: MARA: JONA: SEPA: DECA: MARB: JUNE: SEPB: DECB: "P" = Adults or larvae present but mostly inactive (eg in diapause) . "A" = Adults present and active (eg. not in diapause) , but not reproducing. "R" = Adults present, active and reproducing. "L" = Larvae present and active (eg. feeding and not in diapause) . "E Eggs present outside of the parent . "U" = Pupae or prepupae present. PHENOLOGY COMMENTS : Selected Life History Traits: ECOLOGY COMMENTS : Mud bottom, sand, or gravel . Water few inches deep to a meter with varying degrees of flow. Vegetation may be sparse to moderately abundant (Clarke 1973) . Known Threats and Management Issues: : References : ABBREVIATED CITATION: FULL CITATION: Clarke 1973 Clarke, A. H. 1973 . The Freshwater Molluscs of the Canadian Interior Basin. Malacologia, 13 : 1-509 . Clarke 1981 Clarke, Arthur H. 1981 . The Freshwater Mollusks of Canada. National Museum of Natural Sciences, Ottawa, Ontario, Canada. 446 p. Wu 1978 Wu, Shi-Kuei . 1978 . Natural history inventory of Colorado. The Bivalvia of Colorado. The fingernail and pile clams (part 1) and the freshwater mussels (part 2) . University of Colorado Museum. Boulder, CO. 60 p. DATA PROVIDED BY THE COLORADO NATURAL HERITAGE PROGRAM; CURRENT TO JAN 2000 Banks and Gesso, LLC r APPENDIX 4 Colorado Historical Society File Search r Lohmann Sand and Gravel Mine.DMG.112 20055 L.G.Everist, Inc March 2001 35 COLORADO HISTORICAL SOCIETY Office of Archaeology and Historic Preservation 1300 Broadway Denver, CO 80203 December 18, 2000 John Cunningham Environmental Compliance Banks & Gesso, LLC 720 Kipling Street, Suite 117 Lakewood, CO 80215 Re: Lohmann Property Dear Mr. Cunningham: At your request, this office has conducted a search of the Colorado Inventory of Cultural Resources for your project area. There is 1 identified site located in the project area. (See attached sheet . ) Our files contain incomplete information for this area as most of Colorado has not been inventoried for cultural resources . There is the possibility that unidentified cultural resources exist within the project area. Therefore, in the event there is Federal involvement, we recommend that a professional survey be conducted to identify any cultural resources in the project area which are eligible to be listed on the National Register of Historic Places. We look forward to consulting with you regarding the effect of the proposed project on any eligible cultural resource in accordance with the Advisory Council on Historic Preservation procedures for the Preservation and Protection of Historic and Cultural Resources (36 CFR 800) . Please provide this office with the results of the cultural resource survey for our review of professional adequacy and compliance with regulations . If you have any questions, please contact Jim Green with the Office of Archaeology and Historic Preservation at (303) 866-4674 . Thank you for your interest in Colorado' s cultural heritage. Susan M. Collins Deputy State Historic Preservation Officer for Archaeology *Information regarding significant archaeological resources is excluded from the Freedom of Information Act. Therefore, legal locations of these resources must not be included in documents for public distribution. 19 DEC 2000 PAGE 2 COLORADO HISTORICAL SOCIETY OFFICE OF ARCHAEOLOGY AND HISTORIC PRESERVATION �-. NUMERICAL SITE LISTING SITE NUMBER SITE NAME SITE TYPE 5WL.1408 • Historic DISTRICT OWNER TYPE COUNTY ADDRESS Weld RD. 26, ASSESSMENT DATE RECORDER RECORDER DATE Field not eligible 10/23/1988 Western Historical Studies, Inc. 10/23/1988 CONDITION CONDITION DATE Fair 10/23/1988 DOCUMENT(5) WL.CPO.R1 DOCUMENT NAME WELD COUNTY AGRICULTURAL SURVEY: COLORADO FARM AND RANCH INVENTORY ***ARCHITECTURAL INFORMATION*** SITE TYPE STYLE FEATURES FARM COMPLEX NGLE DWELLING RN oHED, ANIMAL FACILITY SILO STORAGE METAL ARCHITECT INTEGRITY EARLY DATE LATE DATE 1900 ORIGINAL USE PRESENT USE FARM COMPLEX FARM COMPLEX SINGLE DWELLING SINGLE DWELLING BARN BARN SHED, ANIMAL FACILITY SHED, ANIMAL FACILITY SILO SILO STORAGE STORAGE 19 DEC 2000 PAGE 1 COLORADO HISTORICAL SOCIETY OFFICE OF ARCHAEOLOGY AND HISTORIC PRESERVATION SURVEY REPORT RVEY ID: WL.CPO.R1 SURVEY NAME: WELD COUNTY, COLORADO FARM AND RANCH INVENTORY PROCEDURE: RECONNAISANCE: SURVEY WAS DONE BY METHODICALLY DRI VING ROADS WITHIN THE STUDY AREA. EACH RECORDED FA RM INCLUDED MORE THAN ONE POTENTIALLY ELIGIBLE IND IVIDUAL RESOURCE. COUNTY: Weld LEAD AGENCY: Western Historical Studies, Inc. INSTITUTION: Western Historical Studies, Inc. AUTHOR: STEVEN MEHLS CAROL MEHLS DOCUMENT: WELD COUNTY AGRICULTURAL SURVEY: COLORADO FARM AND RANCH INVENTORY METHOD COMPLETED Historic Survey - CII 03/15/1989 REMARKS TOTAL ACRES 51 HIST. SITES RECORDED 143200.000 SITE(S) IF(S) 52 0 FILE: SURVEY LIST: WK2.LIST.TTYB07 Banks and Gesso, LLC APPENDIX 5 Proof of Posting Certification Lohmann Sand and Gravel Mine.DMG.112 20055 L.G. Everist,Inc March 2001 36 Certification: I,�✓� n, the authorized representative of L.G. Everist, Inc., do hereby certify that I posted a sign containing the following Notice for the proposed CDMG Construction Materials Extraction Operation known as Lohmann Sand and Gravel Mine, on 3/810( 3/ 8/0 ( Sig ture Date Banks and Gesso, LLC Appendix F: Proof of Water Lohmann Sand and Gravel Mine.WC.USR 20055.WD L.G. Everist, Inc. 21 March 2001 WATER TRANSFER SLIP For value received we hereby Sell, assign and transfer unto the Public Trustee of Weld County for the use of the Farm Credit Bank of Wichita, and Theodore M. Lohmann and Linda C. Lohmann Equity Owners, all our right, title, and interest in and to 1.41 shares of the capital stock of the Rural Ditch Company as evidenced by certificate No. 941 of said company. And we hereby authorize and empower the secretary of said company to cancel said certificate and issue a new certificate, nr certificatee. to effectuate this transfer on the books of the company. In the presence of: f p Theodore M. Lohmann 2-11lAt a- e C A G'P /tlf ail(.v� Li da C Lohman • Hello