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Home My WebLink About20012132 I ) June 23,2001 .'.1 1 Cj~ Glenn Vaad aad r•,_ �. �.i� �. PO Box 758 Greeley,CO 80632RFC SUBJECT: CASE#USA-1306 Dear Mr.Vaad,I am writing to you hoping that I can persuade you to vote against the proposed gravel mining of the Fort St.Vrain area.When I was told of this possibility,I was to say the least very shocked. I implore you to keep this historical area untouched.After all,how can people learn and feel history when it is getting stripped away from us daily,this is a bad idea to do. Not to mention the impact this would have on the agriculture and the rural lifestyle will be destroyed if this is allowed to go through.What S&H mining is proposing to do is simply bad for everybody concerned.Their plans to upscale their operations to include a asphalt batch plant,concrete batch plant,asphalt/concrete recycling plant and a pre-cast concrete plant is bad for everybody else but them I saw my hometown give way to a plant like this and I have only one feeling towards tits If you let that go through,that area is headed for trouble,and in a few years,people will start jumping ship in record numbers As a descendent of the St.Vrain family,I am also troubled that if this bad idea is to go through that the site will never be properly excavated,documented,maintained and/or restored to ifs important historical site. How would you feel if your family was involved in the history of this site,would you give your vote to let this monster plan go through?I hope not.If this plan does go through,this will cheat generations of Americans to come who hope to learn about the history of Fort St.Vrain first hand. Sincerely, 0 1 11 ii 3 Rory Murphy 2001-2132 EXHIBIT 10609 EAST RIVERSIDE DRIVE USIAtMIP #102 BOTHELL, WA 98011-3700 Glenn Vaad - Fort St. Vrain Page 1 I r .. From: Richard Klein <rklein57@home.com> To: <gvaad@co.weld.co.us> ' . ., P�f ,': 51 Date: 6/24/01 10:24AM Subject: Fort St. Vrain r- Dear Sir: It would be a shame if the Fort St.Vrain site ,which is on the Colorado historic register,was despoiled by a nearby mining operation. Please help preserve this national treasure. Thank you. Richard Klein, 1537 7th. Street, Bremerton, WA. 98337 It EXHIBIT IA- 413010 [Glenn Vaad-our children's wealth Page 1 From: darrel armstrong <ares_home@yahoo.com> To: <gvaad@co.weld.co.us> Date: 6/25/01 8:16PM is i ' : 5 Subject: our children's wealth Please do not allow greed to win out over pride in our national history again. If we permit gravel mining to take precedence over our inheritence, how can we possibly condemn atrocities like those of the Talaban in Afghanistan against that country's Buddhist past?... at least those folks have their own misguided faith in God for an excuse, while the only values being expressed by those who would destroy Fort St.Vrain are covetousness and indifference. Blessings to all who work to protect our national heritage! Darrel Armstrong Modoc National Forest Adin, California 6/25/01 Do You Yahoo!? Get personalized email addresses from Yahoo! Mail http://personal.mail.yahoo.com/ = EXHIBIT as2 Mike Geile- Dear Commissioner Geile, please help save Fort St. Vrain! Page 1 i From: <EmmaPeel2@aol.com> To: <mgeile@co.weld.co.us> Date: 6/28/01 3:25PM : S7 Subject: Dear Commissioner Geile, please help save Fort St. Vrain! Re: Special Review Permit, USR 1306 ( C i_� Dear Commissioner Geile, I am a retired archaeologist who has researched and written about the St. Vrain family for the past five years. I was stunned to learn that the designated Colorado historical site of Fort St. Vrain (a potential source of tourism revenue for Weld County), is instead slated to be immediately adjacent to a major sand and gravel operation. Mr. Geile, I am very pro business -- but I do not understand why this particular site must be developed --the environmental impact alone will ruin the site and limit access to everyone. As you know The Platte Sand and Gravel LLC, under its subsidiary S & H Mine, presented a proposal andapplication to the Weld County Planning Commission(Colorado)to conduct the gravel mining operation. S & H Mine is owned by Tom Sharkey and Krystal Hoffschneider. 1,200 acres have been purchased all around the Fort St. Vrain site. Plans are afoot to mine nearly 850 ofthem. In addition to gravel mining, they hope to upscale their operations to include an asphalt batch plant, concrete batch plant, asphalt/concrete recycling plant, and a precast concrete plant. Why can this not be done elsewhere? Mr. Geile, this is significant site to those interested in the Fur Trade era and/or US History. Built in 1837-8 by the Bent St. Vrain company, the site was very active through the 1840s. Many Native American groups traded here, and lived on site. Indeed, the proprietor, Marcellin St. Vrain was married to Royal Red, the sister of Chief Red Cloud. There are also rumors of an extensive massacre site, as reported by Chief Friday to Marshall Cook and...John Fremont started at least one of his major mountain excursions here. We have reason to believe that a number of graves may also be onsite. Part of the fort was halfheartedly excavated in the 70's, but the artifacts never catalogued or provenienced. Most visible traces of the Fort are gone, but a monument was erected by the Daughters of the American Revolution in 1911. The local ecology hosts bald eagles and mountain lions, in addition to a plethora of paleotreasures ranging from mollusks to mammoths. If the plans of S & H Mine are followed through, the agrarian and rural surrounding will certainly be destroyed, and access to the site severely limited. As stated previously, this site is on the Colorado Historic Register. Hopefully the site will soon be listed on the National Register. Local residents are working hard to block the mining operation, as are descendants from the St. Vrain families. Please, Mr. Geile- vote against this misguided and destructive permit! To quote Abram Joseph Ryan, "A land without ruins is a land without memories -- EXHIBIT N USE.-fl. Mike Geile - Dear Commissioner Geile, please help save Fort St.Vrain! Page 2 a land without memories is a land without history." Thank you for your time, Abigail J. C. Westwood To the County Commissioner's of District 3 Weld County Colorado. 2 r.ii 9: 1111; Dear Sirs'; �' L:-/) I am a Great Gr. Grandson of Marcellin St. Vrain. I recently learned of his tenure at the Old Fort. I have never visited there, but plan to if I live long enough. I was born 8/8/28 so am now almost 73. I lived in Colorado in 1961, when I worked building a pipeline from this side of the Divide into Monte Vista, Alamosa, La Jara, and Antonito, there in the San Luis Valley. While there I was privileged to hunt on a Mexican Grant of Ceran St. Vrain. I did not know this was my relative for many years, but was pleased to learn that fact. I served in Korea with the son of a County Commissioner from Sanford Colorado, Vernon C. Cornforth and had relatives that lived there and worked in the Vanadium mines in the 40's and 50's at Uravan, the Brandon's. I am sure you have ancestors with as colorful a past; I hope you are interested in the preservation of these historical sites. Once gone, they are not replaceable. Think how exciting it would be when you are old to find a place your Gr. Gr. Grandfather had lived and loved. History belongs to all, when I retired from the Excavation (Backhoe) business in 1994, I enrolled in the local University, as a green Freshman. I had no college credits and planned to study fmance. I became so interested in History I forgot all about fmance (especially the math) and concentrated on history. I do not for one minute regret it. Along with History I minored in Art. Didn't even know I enjoyed it until I got involved. What varied experiences we can have and what varied backgrounds. I hope you can find it in your experiences to prevent the loss of this treasure. Thank You... Bobby V Hooser... . EXHIBIT FROM : AgPRO ENV SVCS FAX NO. : 9705359854 Jul. 24 20p1 01:23PM P2 FILE No.653 07/24 '01 11:06 ID WELD CT't' GOVT ;W:9703520242 PAGE 2 .: _ BOARD OF COUNTY C iIOllU6 PMCNO (010)11 0,Errt.4100 . : •. • • F v(1170)81114$0. . 9 P,o.Hill 111 . . ONWILOY,BOLOMoc a . • • •r 46 : its`• • J 2.,.2001. Matti Irtld. �ri1,1St OliTboiMs� ltr0 anWOemM i1.I MUMS(SC *it°wlNn*41C 4. tar. . •. .londo.Aoe04 : . Mran; Your .la l lrSiiittfor moil t N11141aa,Inolultlfl01 Co , • I L1Mwawsf IMteh 0nd fdnvpt 1wAA A(A r eultEn}l Di +: plfn•rga rOf.ta Heel �N��M#o0l el Cot�nkr OSIVii41MMn010 . [1901NMnnl • 11a.MI>wl. el tiweN.d•N.trowtra. ot•�IWI;:.;.. iK rlt Oa.a.n ppl/dtw'1NI 4N*tt4, SWINN M 11. �0,41d;.. 1#fhltI 15/4 lit Il itifl riot otili t+ 4/4, ►d N1M4114:al n.E4,and pert. :•. • .fNNllrl4h6414;1$$ 1t40 S alltint 41 ;._ •O1Wi t • :: • t:. .. otha, MS WIt*1 r;. pi 2,uit1 It t**niNSBN aa,*.rn. l Writ of .: . ar.. ,Olf I�JNr;.Wiltt .c Y, ... M lot►vAll EIS$IM•W:fku.i•n.(d if.C OepmmN.l%nlr., n W In n.l.N.rY: .r la to Md$er•t._iwatlrto f•BOtiind.thebetam S Earand riming 4*tMi prilo., quit ai prde.dur..w4ltroo,oleitano, In artist to rp_�a...rWd as aOltility as p.ssil1.,Ws mu.I molly►Ya+►r.plx by Alraw.k Q1; P1.'If w.fir.not In*I10NPt of yeah aqu..t,by.S dale,(ha natter wfl.e.rstdnd qo , ' $lnarrly, D OP OOUN1Y COMMNMIO IIOA N NIM$a • WILD ,.•CO4t�lIADO J,.Alrlh,:C6.ir r�Ja a... . : u tha•to rd of Coati IM+a,;. . . )d.h.rwbyraq M!, !►b 4? ' .� •:/t.gzw. 'D4'&n. � J. EXHIBIT rL IJ. UASEA193% August 15, 2001 Reference: Docket#2001-57 Weld County Commissioners, As a Weld County voter I would like to be heard again on my opposition of allowing a mining and industrial operation to be approved for the Platte Sand and Gravel, LLC north of Platteville. This is a significant agricultural area that needs to remain as such. It is the home to a lot of wild life as well as the historical aspects. It is the site of the first Weld County seat and also a fur trading post. Very near by from an archeological dig the oldest evidences of prehistoric man ever found in the United States known as the Dent site. The impact that this operation would have on our already overloaded county roads and hi-ways would only aggravate a growing problem. This is also going to put our children in great danger as they are transported on school busses. I ask that you deny this application. Thank you, G Kathy HardinG r aaa��—��' 11250 WCR 38 Platteville, CO 80651 EXHIBIT Iase#l300 August 16, 2001 -+ " Y Board.of County Commissioners 915 loth Street I L• , Greeley, CO 80631 Reference: Docket#2001-57 Weld County Commissioners, As a Weld County Voter I would like to be heard on my opposition of allowing a mining and industrial operation to be approved for the Platte Sand and Gravel, LLC north of Platteville. This agricultural area is significant and should remain so. The historical/wild life should be preserved; it is the site of the first Weld County Seat and also Fur Trading Post. There is an archeological dig site that has provided us with evidences of the oldest prehistoric man ever found in the United States known as the Dent site. The impact that this operation would have on our already over loaded county roads and highways would only aggravate the growing problems. There have been many mornings heading east on Hwy. 66, that I have had to slam on my brakes due to sand and gravel trucks pulling out in front of me. They have dumped gravel on the road cause very hazards conditions. My child also rides a school bus and I am concerned with the added dangers. I ask that you deny this application. Thank you for your time. O<ci%7'O/ti a v Laura A. Sheriff 5895 Summerset Ave. Longmont, CO 80504 . EXHIBIT XH7 ! /f u'#1304 August 16, 2001 Board of County Commissioners 915 10th Street Greeley, CO 80631 Reference: Docket#2001-57 Weld County Commissioners, As a Weld County Voter I would like to be heard on my opposition of allowing a mining and industrial operation to be approved for the Platte Sand and Gravel, LLC north of Platteville. This agricultural area is significant and should remain so. The historical/wild life should be preserved; it is the site of the first Weld County Seat and also Fur Trading Post. There is an archeological dig site that has provided us with evidences of the oldest prehistoric man ever found in the United States known as the Dent site. The impact that this operation would have on our already over loaded county roads and highways would only aggravate the growing problems. There have been many mornings heading east on Hwy. 66, that I have had to slam on my brakes due to sand and gravel trucks pulling out in front of me. They have dumped gravel on the road cause very hazards conditions. My child also rides a school bus and I am concerned with the added dangers. I ask that you deny this application. Thank you for your time. R_erykaiu Ronald D. Gentry 5895 Summerset Ave. Longmont, CO 80504 EXHIBIT AUG-20-2001 09 :37 AM LES & VIRGINIA O•HARE 970 437 5430 P. 01 up** M,M****gd.** MME+MAN****M�+F�k�hMN��k�k�M�NM�M+h�NMM��NN��M****N ********�NN�M+h**********• do V l+A'YVi1.0 f2ak.,nictsr 1304 - Saa,.rf ¢�°°"`�p.�f /L�U�W Q4* e -° , ` 1 *J. “L' a4 •A- A yeti., 7Arita Lae6CM#41.`ardLil tare d d'L°'�P !" " ylAttu ' 'e'"',d') arotteat aonoci,,if % t4# • oQ Cfi€ € 4-.4-&t4, . .4. , acs, #3z ;6_. 1244c2., (24102, 144 r anastr7 6c y8o ta co.ypi3 s Pkenit:40)- 61138 EXHIBIT use#i3o6 CAROL Hard!ng -.gravel pit..................#200157...,..._: ...._:,..,..,.._:, ...... ....... .,.,.,.._:,..,..,..:,.: . : .. . .. .,...... ..:.:..:. . ..........,:..,...Page1.. From: joe roybal <jsjmaj2000@juno.com> To: <charding@co.weld.co.us> Date: 8/19/01 8:08 AM Subject: gravel pit : docket#2001-57 I live on Cnty Rd 25 just north of Cnty Rd 32.5 and the truck traffic now that is dodging the scales at Ft. Vasquez is horrendous. The added traffic that would be caused by opening another gravel pit would destroy the peace and quiet that we now enjoy. My wife works in Boulder and the drive to and from work is very stressful and dangerous. On a daily basis, trucks from the Varra Pit are constantly pulling out of the pit area in front of fast moving cars and endangering the lives of countless people. The added traffic from yet another pit would create an even worse conditions for this area. Weld County already has the most dangerous roads in the state. Why would anyone want to increase the already dangerous situation by allowing more traffic on these same roads. This is still a farm community and the school buses do a lot of time on these back roads picking up and returning the children to their homes. We can not put their lives in more jeopardy for the sake of a few dollars. One of the very reasons we built a home in the Platteville area was because we wanted to get away from the city life and all the noise of constant traffic going by. The added traffic would destroy all of that for us and for the neighbors around us as well. Please do not allow another gravel pit in our area. Our quality of life and solitude would be diminished for ever. I'm enjoying the peace and quiet we have now and I hope it will continue in the future. Sincerely, Joe Roybal 15412CR25 Platteville, Co 80651 GET INTERNET ACCESS FROM JUNO! Juno offers FREE or PREMIUM Internet access for less! Join Juno today! For your FREE software, visit: http://dl.www.juno.com/get/tagj. I EXHIBIT U51t#/93016 CAROL,Harding - Proposed Gravel Mining near Old Fort St. Vrain Site „_.. .,. Page 1 From: <stvrainer@yahoo.com> To: <charding@co.weld.co.us> Date: 8/20/01 12:10 PM Subject: Proposed Gravel Mining near Old Fort St. Vrain Site This is to express my strong opposition to the proposed gravel mining in Platteville directly within the vicinity of the site of old Fort St. Vrain. I do not believe that appropriate measures have been taken to assure that the old site will be protected from irreversible damage. It is my understanding that the SHPO never sent out a representative to ascertain any facts about the site before getting the local Historical Society to agree to a "buffer"zone area around the site in order to permit the mining to take place. Please give us the time to work this out! Many sincere people, both local residents and St. Vrain descendants, have the desire to see the old Fort reconstructed and make use of the area for a museum, bookstore, picnic areas, walking trails and such. The area is so beautiful. Please do not let a few money hungry people destroy an area so agriculturally attractive and an area that is particularly filled with history unique to the development of Colorado. Please give us the chance to bring that history back to life so that it can be shared with many generations to come. I live in Santa Fe, New Mexico and will not be able to attend the upcoming decision making meeting on the 22nd in Greeley. So PLEASE take my letter into consideration- please do not approve ANY gravel mining at this time. I do have plans to be in the area for the re- dedication ceremony of the monument at the Fort site and welcome ALL of you to join us for that. Please come out to the site and see with your own eyes what Tom Sharkey and his company are planning to destroy. Then, please take into consideration what the Friends of Fort St. Vrain are proposing as an alternative. The courtesy of a reply would be appreciated. Sincerely, Christine St. Vrain-Howard stvrainer@yahoo.com I EXHIBIT Llsk CAROL Hardin - Permit for USR#1306 Page 1 From: "Lila Mayer" <Lila.Mayer@bannerhealth.com> To: <charding@co.weld.co.us> Date: 8/20/01 3:37 PM Subject: Permit for USR#1306 Please include this in the packet. August 20, 2001 Weld County Planning Commission Weld County Planning/Health Department Building 1555 N. 17th Avenue Greeley, Colorado 80631 RE: Permit for USR#1306 Weld County Commissioners, Please support the local community by not allowing this permit. The county roads and highway 66 cannot handle this additional sand and gravel pit. There is already one gravel pit on highway 66. These rural roads are not equipped for all the additional traffic due to present development, let alone the additional gravel trucks. Highway 66 is very dangerous; please don't add traffic and additional trucks to this already dangerous and busy highway. Someone will die on these roads,hopefully, not one of our children. Please vote "no". Sincerely, Lila& Ken Mayer 14534 WCR#19 Platteville, Colorado 80651 ICAROL Harding '.Docket Number'#2001.;52 ..,_.0 v.,.,..,. d..,..,.u.,..,. ,.,_ _..,..,.,..._^., ,..,.,,., Page...„..__ From: "797?'; ??" <joe_pinner@msn.com> To: <charding@co.weld.co.us> Date: 8/20/01 11:00 PM Subject: Docket Number"#2001-57 August 20, 2001 Weld County Commissioners re: Docket Number#2001-57 Special Review Permit, USR 1306 Gentlemen: You must prohibit a Batch Plant and gravel mining operation along the Platte River north of and adjacent to Weld County Road 36. Mining this 3-mile stretch of riverfront would forever destroy the most historical area in Weld County, including: Native American and pioneer graves, the site of WeldrtOs first court house, first post office, a historic fort, the township of St. Vrain, the Trapperl9Os Trail, the Overland Trail, the Taos Trail, the Wells Fargo route, the Golden City and Colorado Wagon Toll Road. I have lived in Weld County for 24 years and know this 3-mile stretch of riverfront is the prettiest place in Weld County. Prehistoric fossils line this Wildcat Mound area. Eagle, deer, mountain lion, and wild turkey thrive herelCoand we want to dig it up? For what? Countless other sites can provide gravel. Only this beautiful site holds such rich historical significance. Once destroyed by the greed of outside developers, we will have lost this natural beauty, this connection to our heritage, forever. With urban sprawl rapidly headed north to Greeley and beyond, where are you going to leave a green space?Where will our grandchildren go to close their eyes and imagine the past? If there is a place in all of Weld that should be preserved for future generations, this is it. Deny this permit. Vote for the citizens and heritage of Weld County. You can find a way. Most Sincerely, R.S. Joe Pinner 2140 39th Avenue Greeley, Colorado 80634 970-330-9075 Joe Pinner mailto:joe_pinner@msn.com (home) mailto:Joe.Pinner@XcelEnergy.com (work) http://fsv.homestead.com (FSV Website) CC: <gvaad@co.weld.co.us>, <rmadsen@co.weld.co.us>, <dlong@co.weld.co.us>, <bjerke@co.weld.co.us>, <mgeile@co.weld.co.us>, "Mike Peters" <peters@greeleytrib.com>, <england@greeleytrib.com>, <cobler@greeleytrib.com> 4 EXHIBIT 4311 Highway , Suite Longmont, 66 CO 805044 ION Office (970) 535-9318 Denver (303) 485-7838 Fax: (970) 535-9854 Mr. Kim Ogle August 19, 2001 Weld County Planning&Zoning Department 1555 N. 17th Avenue Greeley, CO 80631 Dear Mr. Ogle, Attached are four items that we have received or finalized since our last submittal. Please include these in the file for the Platte Sand and Gravel, S &H Mine application. 1. Mined Land Reclamation Board(MLRB)permit financial warranty and performance warranty 2. CTL/Fhompson, Inc., Consulting Engineers letter regarding the soils and aggregate investigations of the property 3. Affidavit from the Platteville Fire District stating that the Platte Sand and Gravel property is located within the fire district and the district can provide fire protection to the site 4. Letter from the Town of Milliken regarding uses of the property Thank you. Si ly, ho ren Environmental Consultant Pc: Weld County Clerk to the Board EXHIBIT 144#t/solo Your "Pro Ag"Environmental Professionals PIONEER GENERAL INSURANCE COMPANY Denver, Colorado P 50100 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the PIONEER GENERAL INSURANCE COMPANY,a corporation of the State of Colorado has Its principal office In the City of Denver.Colorado pursuant to the following By-law,which was adopted by the Board of Directors of the said Company in 1990,to wit: 'Article VI-Section 2-RESIDENT OFFICERS AND ATTORNEYS-IN-FACT.The President or any Vice-President,acting with any Secretary or Assistant Secretary,shall have the authority to appoint Resident Vice-Presidents and Alorneys-In-Fact.with the power and authority to sign,execute,acknowledge and deliver on Its behalf,as Surety: Any end all undertakings of suretyship and to affix thereto the corporate seal of the corporation.The President or any Vice-President.acting with any Secretary or Assistant Secretary,shall also have the authority to remove and revoke the authority of epy such appointee at any time,does hereby make,constitute and appoint *** BRUCE H. LOWDERMILK*** OF DENVER, COLORADO its Sue and lawful Attorneys)-In-Fact,to make,execute,seal and deliver for and on its behalf,as Surety; And any and all undertakings of suretyship And the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Company,as fully and amply,to all Intents and purposes, as it they had been duly executed and acknowledged by the regularly elected officers of the Company at Its offices In Denver,Colorado,in their own persons. The following Resolution was adopted at the Regular Meeting of the Board of Directors of the Pioneer General Insurance Company,held on June 1,1990. 'RESOLVED,That the signatures of officers of the Company and the seal of the Company may be affixed by facsimile to any Power of Attorney executed In accordance with Article VI•'Section 2 of the Company By-laws;and that any such Power,of Attorney bearing such facsimile signatures,including the facsimile signature of a certifying Assistant Secretary and facsimile seal shall be valid end binding upon the Company with respect to any bond,undertaking or contract of suretyship to which it is attached.' All authority hereby conferred shall remain in full force and effect until terminated by the Company. IN WITNESS WHEREOF,PIONEER GENERAL INSURANCE COMPANY has caused these presents to be signed by Its President and its corporate seal to be hereunto affixed this 1st day of February . 2000 PIONEER GENERAL INSURANCE COMPANY 1.03" ItSt�a tr-�t�t=i Secretary adal oioada4ti 1: :1 I.)', State of Colorado ) ) ss. By PRESIDENT County of Arapahoe ) tx l0AFp0 'asss On this 1st day of February - - - 2000,before me personally came Robert H. Warburton to me known,who being by me duly sworn,did depose and say that(s)he resides In the County of Adams.State of Colorado;that(s)he is the President of the PIONEER GENERAL INSURANCE COMPANY,the corporation described In which executed the above Instrument;that(s)he knows the seal of the said corporation;that the seal affixed to the said Instrument is such corporate seal;that It was so affixed by order of the Board of Directors of said corporation;that(s)he signed(his)(her)name by like order;end that By-law.Article VI-Section 2,adopted by the Board of Directors of sold County,referred to In the preceding Instrument,Is now in force. PEE O7.•2OTARy • • 1/18/2003 -"•av x .•oo Notary Public /`�-^b� m' ""`"-�t� My Commission Expires >/ •.,8r- Pp N / e of p°`o U•-- I M.J. Frick , Secretary of PIONEER GENERAL INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said PIONEER GENERAL Al.-05/1 INSURANCE[ COMPANY,which Is still in full force and effect. Signed and sealed at the City of Denver,Colorado this 'tc day of !'Yr17.J5 . -�• P133 Secretary 79 #94-•"—C..-2O _6- NOTARIZATION OF OPERATOR'S ACKNOWLEDGEMENT STATE OF. Colorado ) )as. COUNTY OF Jefferson /al The foteaoiny instrument WAS acknowledged before the thisdr," day of 4-vg u S ,pZ AP/ by Roc 1 Hoffschneider A9 Director of Operatb?ns Concrete Management :Corpor peg co,NOT ;;;:\ SPUBLV< t My Conunisaion expires; /3/44e7--100/ N,, :. p°B UZ. +rb ORCO\ APPROVED; State of Colorado Mined Land Rcu:lumation Board Division of Mitlirala and(Jeology >3y. Data; "\©\cD\ Division Direct° ' 7 Cltllr. d ABVLiQp 41iYi [fall or any part of the Affected Lands are under the jurisdiction of the Bureau of Land Management, United States Department of the Ulterior(the"ELM"),and if, at the request of the Operator on this Financial Warranty, the ELM has. pursuant to 43 C.F.R. 3809.1.9, accepted this Financial Warranty in lieu of requiring a separate reclamation bond payable to the United States, then, notwithstanding any other provision of this Financial Warranty,or of law, the Operator and Warrantor hereby agree that this Financial Warranty shall not be released until the Board is advised in writing by the BLM that the Operator's obligations to the BLM, for nAhich this Warranty is executed, have been satisfied, and until the financial warranty has been released by the Board. . • This Financial Warranty may be executed in multiple copies, each of which shall be treated as an original, but together they constitute only one agreement, the validity and interpretation of which shall be governed by the la n s of the State of Colorado. The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors and assigns. SIGNED, SEALED AND DATED this 8th day of Al o„Gr , 2001 . Pioneer General Insurance Company // , jxver-4s� v4" - (SEAL) aiianto777r Attorney in Fact By: � - l.6" PP Concrete Mana.ement orporat'I• EAt Ope,ator By )V U - B. ley Hof's.,hnei. , NOTARIZATION OF WARRANTOR'S ACKNOWLEDGEMENT STATE OF Colorado ) - )ss. COUNTY OF Denver ) 8th August 2001 The foregoing instrument was acknowledged before me this day of by Bruce H. Lowdermilk as President of Pioneer General Insurance Co ��,1 Ctrs-0�4 > ��.A . ��n A LT 7 sY P0j'' NOTARY PUBLIC r Zi 0 t. My Commission expires: / IQ , 4 re 113 DIANE M. • I I BAILEY •I.' ,,. �'. , Ni OF MyCommiuloa&pins Jim M100.1 . If the Board shall notify the Warrantor that the Operator is in default,and if the Board shall initiate any Financial Warranty forfeiture procedures required by law or regulation, the Warrantor may, in lieu of making payment to the Board of the amount due hereunder,cause the reclamation to be timely performed in accordance with all requirements of the Act and all applicable rules and regulations. In such event, when and if the reclamation has been timely performed to the satisfaction of the Board or Division, this Financial Warranty shall be released. If the reclamation shall not be so performed to the satisfaction of the Board or Division, this Financial Warranty shall remain in full force and effect. This Financial Warranty shall be subject to forfeiture.whenever the Board determines that any one or more of the following circumstances exist: 1. A Cease and Desist Order entered pursuant to Section 34-32-124 of the Act has been violated,and the corrective action proposed in such Order has not been completed, although ample time to have done so has elapsed; or 2. The Operator is in default under its Performance Warranty,and such default has not been cured, although written notice and ample time to cure such default has been given; or 3. The Operator and/or the Warrantor has failed to maintain its Financial Warranty in good standing as required by the Act;or 4. The Warrantor no longer has the financial ability to carry out its obligations in accordance with the Act. The description of lands herein is for convenience of reference only, and no error in such description,nor any revision of the permitted mining area, nor die disturbance by the Operator of lands outside of the pemuttcd mining area shall alter or diminish the obligations of the Operator and/or Warrantor hereunder, which shall extend to the reclamation of all such lands disturbed. If this Financial Warranty applies to National Forest System lands, and if this Financial Warranty is accepted by the United States Forest Service("U.S.F.S.")as the bond required under 36 C.F.R. 252.13, then the Operator, having requested that the Board and the U.S.F.S, accept this single Financial Warranty in lieu of the separate bonds which would otherwise be required by applicable law, hereby agrees that, notwithstanding any other provision hereof, or of law, this Financial Warranty shall remain in full force and effect until U.S.F.S. has advised the Board by written notice that the Operator's obligations to U.S.F.S., for which this Warranty is executed, have been satisfied, and until the financial warranty has been released by the Board. If this Financial Warranty applies to lands under the jurisdiction of the State Board of Land Commissioners ("Land Board"),and if this Financial Warranty, in whole or in part, is accepted by the Land Board as the bond required under its applicable law and procedures, then the Operator, having requested that the State accept this Financial Warranty'in lieu of the separate bonds which would otherwise be required by the Colorado Mined Land Reclamation Board or Division of Minerals and Geology and by the Land Board, hereby agrees that, notwithstanding any other provision hereof, or of law, this Financial Warranty shall remain in full force and effect until the Board is notified in writing by the Land Board that die Operator's obligations to die Land Board, for which this Warranty is executed, have been satisfied, and until the financial warranty has been released by the Board. 3 The amount of this Financial Warranty is based upon estimates as to the cost of reclamation, and does not operate to liquidate, limit,enlarge or restrict the Operator's obligations to complete reclamation and to comply in all respects with the permit and with applicable laws and regulations governing reclamation,even though the actual cost thereof may substantially exceed the amount of this Financial Warranty. The Warrantor shall not be liable under this Financial Warranty for an amount greater than the sum designated herein, unless increased by a later amendment to this Financial Warranty. This Financial Warranty shall be reviewed by the Board from time to time, and the Board may require an increase in the principal sum of this Financial Warranty(and a corresponding increase in the surety amount) to cover increases in the estimated costs of reclamation,but no such increase shall bind the Warrantor unless and until it shall have consented thereto in writing by the issuance of an additional Financial Warranty or by an endorsement to this Financial Warranty. The Warrantor reserves the right to cancel this Financial Warranty,effective only upon an anniversary date,and only by giving written notice to that effect, mailed by Certified Mail, at least ninety (90) days prior to such anniversary date, addressed to both the Operator at its address herein stated, and to the Board at the address herein stated. In the event of such cancellation, this Financial Warranty shall nevertheless remain in full force and effect as respects the reclamation of all areas disturbed prior to the effective date of such cancellation,unless and until the Operator shall file a substitute Financial Warranty which: (I) assumes liability for all reclamation obligations which shall have arisen at any time while this Financial Warranty is in force; and (2) is accepted in writing by the Board. In the'event of such cancellation, if the Financial Warranty is not fully released,the amount of the continuing Financial Warranty available for the reclamation of areas disturbed and unreclaimed at the date of cancellation shall be fixed by the Board at the amount it determines necessary to complete such reclamation (which amount may not exceed the sum designated herein) and the Board shall concurrently identify such areas in writing, and notify the Warrantor and the Operator thereof Thereafter, the obligation of the Warrantor shall be limited to reclamation of the areas so identified. The consideration for the Warrantor's execution of this agreement is the promise of the Operator to pay the premiums, but failure by the Operator to pay such premiums shall not invalidate or diminish the Warrantor's obligation hereunder. The Board may make demand upon the Warrantor for payment hereunder if the Board determines that reclamation which ought to have been performed by the Operator, or its successors or assigns, remains unperformed, and if Financial Warranty forfeiture procedures required by law have been initiated. No other condition precedent need be fulfilled to entitle the State to receive the amount so demanded. However, if,upon completion of reclamation by the State, the amounts expended for reclamation shall be less than the amount received from the Warrantor,the excess shall be promptly refunded to the Warrantor. If demand is made upon the Warrantor for payment of an amount due to the Board hereunder, and if the Warrantor fails to make payment of such amount within ninety (90) days after the date of receipt of such demand,or if it should thereafter be determined, by agreement of the Warrantor or by final judgment of court. that the amount demanded was properly payable, the Warrantor agrees to pay to the Board, in addition to the amount demanded, interest at the prime rate in effect from time to time at The United Bank of Denver for the period commencing at the end of such ninety-day period and ending on the date of actual payment. - 2 - 11.111 WHEREAS, the Operator and Pioneer General Insurance Company (the"Warrantor"). a corporation organized and existing under the laws of the State of Colorado and duly authorized to transact a bonding and surety business in the State of Colorado are hereby and firmly bound unto the State in the sum ofpnp mondrpd Ft PVPn Thousand Five AundlSthrs ($ 111 ,500.00 for the life of mine or until such time as replacement is received, for the payment of which sum, well and truly made,we hereby bind ourselves and our personal representatives, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Board has determined,in accordance with the Act, that the estimated costs of reclamation of the Affected Lands are those amounts for the stated periods of time as set forth herein. Said amount may be amended from time to time to reflect revised estimates of said costs of reclamation. WHEREAS,the Operator and the Warrantor,in accordance with the Act, has promised and hereby promises the Board that it will be responsible for all the estimated costs of reclamation with regard to the Affected Lands. WHEREAS,the Board has determined that this Financial Warranty by the Warrantor equals the estimated costs of reclamation, as approved by the Board, with regard to the Affected Lands. NOW,THEREFORE,the Operator and the Warrantor are held hereby firmly unto the State of Colorado in the amount of those sums for those periods of time as set forth herein,until this Financial Warranty is amended or released in accordance with applicable law. The Board may, for good cause shown, increase or decrease the amount and duration of this Financial Warranty. The Operator shall have sixty(60)days after the date of notice of any such adjustment to increase the surety amount,but no such increase shall bind the Warrantor unless and until it shall have consented thereto in writing by the issuance of an additional Financial Warranty or by an endorsement to this Financial Warranty. The Operator and the Warrantor shall notify the Board immediately of any event which may impair this Financial Warranty. If the Board receives such notice,or otherwise has reason to believe that this Financial Warranty has been materially impaired, it may convene a hearing in accordance with the Act for the purpose of determining whether impairment has occurred. The obligation of the Operator and the Warrantor shall continue until the Board has released this Financial Warranty or has ordered it forfeited in accordance with applicable provisions of the Act. It is understood that periods of years may necessarily be required before determination can be made that reclamation of the Affected Lands has been satisfactorily completed. It is also recognized that, as reclamation is accomplished, the amount of this Financial Warranty may be reduced with the approval of the Board so that it reflects the then current estimated cost of the remaining reclamation of the Affected Lands. No revision, extension,or renewal of the permit,or of the time allowed to complete reclamation, shall diminish the Operator's or Warrantor's obligation under this Financial Warranty. No misrepresentation by the Operator which may have induced the Warrantor to execute this Financial Warranty shall be any defense to demand by the State under this agreement. In any single year during the life of the permit, the amount of the Financial Warranty shall not exceed the estimated cost of fully reclaiming all lands to be affected in said year, plus all lands affected in previous permit years and not yet fully reclaimed. Reclamation costs shall be computed with reference to current reclamation costs. STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY \C� Department of Natural Resources II,'tsI0U Ur 1313 Sherman St., Room 215 MINERAL Denver, Colorado 50207 b, Phone: (303)866-3567 G E O !. O G 1 FAX: (303)832-8106 Meet nn AT1O1 romoc.serEm Bill Owns Cu,e nor FINANCIAL WARRANTY CrrgE Watcher f ORPORATE SURETY EtecnG:e Director micl,.,el a long Director Bondll P50100 Operator: P1att.e Sand F Gravel LTV Ay Cnnrrete Management Corporation Operation: S`H Mine Permit No.: M-2000-t SR Bond No.: P50100 Warrantor: Pioneer General Insurance Company Street: 6780 E. Hampden Ave. City: Denver, CO 80224 State: CO Zip Code: 80224 Area Code: 303 Telephone: 758-8122 KNOW ALL MEN BY THESE PRESENTS,THAT: WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 1973, 34-32-101 ;t m9. (the "Act"),-as amended, provides that no permit may be issued under the Act until the Mined Land Reclamation Board(the "Board") receives a Financial Warranty(or Warranties) as described in the Act. WHEREAS, P1 a Fte Sand F. Gravel . LT,C (the"Operator"), a en 1 n r a d n corporation,has applied for a permit to conduct a mining operation known as SS H Mine (the "Operation"), on certain lands in We l d County, Colorado. These lands are described in the permit application, as amended and supplemented,and are referred to herein as the "Affected Lands". WHEREAS, in the application for the permit, the Operator has agreed to be bound by all requirements of the Act and all applicable rules and regulations of the Board, as amended from time to time. WHEREAS, in the application for the permit, the Operator has agreed with the Board to provide for reclamation of the Affected Lands that are now,or may become, subject to the pemtit. as required by law. coaPY • _ 3 _ The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors -and assigns. SIGNED, SEALED AND DATED this /O 1=l day of jcic Y zoo/ 91� . -.Platte Sand & Gravel L,L. CISFA,) 1N Operator I' i By: - I. ocky Hof s n i r -cilia: _apara.t.innc Pa rt• ner NOTARIZATION OF OPERATOR'S ACKNOWLEDGEMENT STATE OF Colorado ) • ) ss. COUNTY OF Jefferson ) 14 The foregoing instalment was acknowledged before me this /d day of , zoo/ byllncky_lloffs.11neider as pprations Partnetof Platte Sand & Gravel, LLC ��J /' OTA %)-P,Ry _ N NOTARY PUBLIC • 1 `PA.-:PUBLIC moo My Commission expires: Doa.R, -,2 /F. 2OO/ TFOF CO.-..e-f APPROVED: Slate of Colorado i.lincd land Reclamation Board Division of Minerals and Geology By: Date: • Division Director I'Oss'uDcuONDFOK\nutCOrW uND 8:.u.d 0199 �O • DM WHEREAS, the Operator hereby gives the Board a performance warranty pursuant to Section 34-32-I 17(2) or Section 34-32.5-117(2) of the Act, and herein promises the Board that it will comply with all applicable requirements of the Act with regard to those Affected Lands. NOW, THEREFORE, the Operator hereby promises the Board that it will comply with all applicable requirements of the Act and rules and regulations of the Board with respect to the Affected Lands. FURTHER, the Operator hereby promises the Board that it will comply with all of the terms of the application for a permit, as amended and supplemented, as well as any conditions attached to the permit by the Board. FURTHER, the Operator promises the Board, pursuant to 34-32-112(2)(d) or 34-32.5-I I2(1)(c)(iv) of the Act,that it has the lawful authority to enter upon the Affected Lands to conduct mining operations, including, but not limited to, reclamation. The Operator further recognizes the right of the Board to enter to reclaim lands affected by the operation. The description of lands herein is for convenience of reference only, and no error in such description, nor any revision of the permitted mining area, nor the disturbance by the Warrantor of lands outside of the permitted mining area shall alter or diminish the Operator's obligation hereunder, which shall extend to the reclamation of all such lands disturbed. The obligation of the Operator hereunder is such that, if the Operator shall successfully comply with the requirements of the Act, applicable rules and regulations, and the permit, then the Board, upon a finding that the Operator has so complied, shall release this performance warranty, and the Operator from its obligation hereunder, to the extent that the Board determines that such compliance has been accomplished. The obligation of the Operator hereunder shall continue until released in whole or in part by the Board in accordance with applicable law. In further satisfaction of the requirements of the Act, the Operator has attached hereto its financial warranty, which may be amended from time to time. The Operator agrees that it will maintain a financial warranty(or warranties) for the estimated costs of reclamation in good standing for the entire life of the permit. If the Board determines that the Operator is in default under this performance warranty and has failed to cure such default, although written notice of such default and ample time to cure such default have been given, the Operator's financial warranty shall be subject to forfeiture. This performance warranty may be executed in multiple copies, each of which shall be treated as an original, but together they constitute only one agreement, the validity and interpretation of which shall be governed by the laws of the State of Colorado. STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources U IE•It II)N Ur' Il13 Shuman St.. Room 215 AkINERAI.S Dcmer, Colorado 80203 & Plume: 1303)666-3567 I.' F 0 L O G Yi FAX: I303)632 8106 yiri 1n 'n}nEorTi i 6111O•.ens Co.emu, Greg( wads"r PERFORMANCE WARRANTY c•.< ..D4ectar • alrclual 11 Enng Dn„rlur • Operator: Pt arre Sapd & flrAare1 T r. C Operation: S K H Mina - Permit No: M-70AU-t 58 • KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 gt at.q. (the "Act"), as amended, and the Colorado Land Reclamation Act for the Extraction of Construction Materials, C.R.S. 34-32.5-101 gt Sgq. (the"Act"), as amended, provides that no permit may be issued under the Act until the Mined Land Reclamation Board (the "Board") receives a performance warranty (or warranties) that is a written promise to comply with all applicable requirements of the Act. WHEREAS, P3 atte cana a r-ravo1 , (the "Operator"), has applied for a permit to conduct a mining operation known as S&H Mine (the "Operation") on certain lands in Weld County, Colorado. These lands are described in the permit application, as amended and supplemented, and are referred to herein as the "Affected Lands". WHEREAS, in its application for the permit, the Operator has agreed to be bound by all requirements of the Act and all applicable rules and regulations of the Board, as amended from time to time. WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs of reclamation with reward to those affected lands in cap 3 a _ County MUM;l: nu now or may become subject to the permit are those amounts for the slated pet iods of I)ui•; ,t act L tUr in the financial warranty, which may be amended from time to time to reflect revised estimates of said costs of reclamation. • Copy • Table A i' - — - _ Strtrrazry of Gradation Analysis N ri — Inplace and Theoretical '- ..- point 8,Depth 1 at 6'- 2 at 6'- 4 at 4' 4 at 6'- =5 at 4'- 10 at 6'- 12 at 6' 13 at WITS at 6'- Average b.Inplace Gradation _ o1 — 3" - j 100 100 --- ---- 1 112' _ I 98 100 100 1001 100 --_1" -_--- ----100 100 _ 94 94 99 94; 98 314" 100 97 96 100 88 90 95 881 100 94 1/2" 98 92 91 944 801 85T 90 83 99 89 r' -. 318""-_ -- 94 68 89 __ 92 76; 80 86 79 98 86 - #4 74 75 84 82 64 66 71 68 91 75 ,', 8 52 53 64 54 46 45 50 45 68 53 ;. 16 26 34 40 31 30 27 30 29 34 32 30 15 18 _ 24 18 16 15 ---17 17 11 17 - 60 9 7 12 8 7 5 7 6 4 7 100 5 2.6 2.2 2.6 2.8 1.3 1.9 1.7 1.3 2 200 4 0.5 0.6 0.4 0.5 0.1 0.5 0.2 0.2 0.4 Theoretical _ Split- AS TM Standards Course Aggregate —On#8 k #57 1167 3" { 1 1/2" 100 1011, 1110 100 - 100 100 100, -- 1" - 100 100 88 821 97 82 �- 92 96 95-100 100 3/C 100 88- 75 100 65 701 83 65 100 76 87 90-100 1/2" - 92 65 43 67 47 561_ 66 50 89 58 77 25-80 - 3/8" _ 77 521 31 58 35 411 52 38 78 44 70 20-55 #4 0 0 0 0 0 0 0 0 0 0 47 0-101 0-10 8 -_ -- - --- -- ---- 0 -- — Theoretical + fine Aggregate — 3m" - - 100 . 114 _ 100 100 100 100 100 100 100 100 100 100 100 95-100 --- a _ 10r- --71 - 76 66 71 68 7O 68 75 71 100 - �, 16 36 45 48 38 47 41 42 43 38 • 43 60 45-8D - - 30 20 24 28 22 26 23 24 25 _12 23 32 0 50 12 10 14- 10 11 7 10 9 4 9 13 10-30 P 2D0 ..; 0.7 _0.7 0.5 0 100 _ 3 2M 3 . .77 4 2 2.7 2.6 1.4 3 4 2-10 _ - - -- -0.0.7 0.7 0.4 0.2 0.5 0.8 0-3 FM1 i 3.51 2_91 20-3.5 W• - . Job No, GS-10,558 TH-13 TH-I4 1H-13 TH-16 LEGEND- ._-0 S 7 - 1 a— Overbwden, sand &fly urd clay, sandy, moist, brown. � D . In , — F Sand, gravelly, brown, red-brawn. (SP. SW) NI 6 • 1!. I: �� 5—, ■ - X11 _ El Cloy and or cloyslore bedrock_ (CL, CH) N ar —- To - w— n yr; _ _ Indicates approximate level of groundwater during drilling. / )•I - -IS 15— u _ r�! — g NOTES: a ii. — _ — r I. Test holes were drilled January 0. 2000 using o caisson I F,. — t rig with a 12 end 18 ;nch diameter auger. —20 '' ]a— 2. AY test holes coved 7 to 4 lees below the ground 1,, e.. — surface during drilling. ._ 7 — 3. Depths of soils and groundwater ore approximate and re — as Imitated by the driller. —25 - 2 'a 25—, 4. Those logs ere subject to the interpretations and conclusions cordoned in the report. a..9. — e - e, - -J0 'c— 30- -- 35 35 orI;nei i , lt '`n Logs of Exploratory Borings WS COKSTs0Cnns ii FT. Sr.VWw1 pa , Job No. CS-10.,558 Hg. 6 �! . AUG-1_-2001 1: 25 -.-'=o_ • .. _ _. _'. TH-9 TH-10 TH-11 TH-12 - 0 • :a' 0 • 5 , • s 5 ••••••• 10 !. a •• •�• 0_ f, 15 . . .. 15-- •• �, m _ ;�' - d L.L - c - W I I L 0 m — r•.. o O 20 • :.I, 20� - 25 ` 1.1:, 25- - // // — — • I/ // // // — — // // — 30 // 30— — •, // — — /// — • / — - // - 35 .L. 35 BR Logs of Exploratory TMS CONSTRUCTION Borings — FT. ST. VRA1N P Job No. CS-10,558 Fig. 5 HUG:1E-2m1 1_:25 CT_ THCI IPS]4, PJC 71___.5'5? -P i- TH-5 TH-6 TH-7 TH-8 o 77 /� 0 - Y / I� �; - _ 5 i 5 - '`t. • ,I - — ._i e - I 4 - ..... is ;;' "7 }'f 15 - - i� i� .....'•.. .. u_ I - •: i t — �i �� :,• ... _ n 20 II t- 20 i� - _ - 25 25 j' • - 30 .;t 30 .. .•i .:. i?••••• 35 t 35 BR AT 43' BR AT 40' ,__.) Logs of Exploratory TMS CONSTRUCTION Borings FT. ST. VRAIN PIT Job No. CS-7O.556 Fig. 4 A..6-LE-2,3C1 ,_:≥4 _ r.:�_ _ _ _ =r _.-= TH-1 TH-2 TH--3 TH-4 O 0 as ,r ,x,10 'r•�• ,si•r r�r 70 �. • :r r — °•f- •'' a ..• _ —15 ': :'f 15 _ Y i .. 5 ao ::1 V Li- 1r -• a o —20 •;'r: rra 'r' 20 ., O• • 4.11 • : r, .. 25 ...r ...us.' ;:� 25 .r if f: — •.': 30 —30 .'t .. ,,� 35 r 35 Logs of Exploratory NS CONSTRUCTION Borings FT. ST. VRAIN PIT F'9' 3 Job No. CS-10,558 HLU-1b—Gk1U1 11;G4 I-IL I-U114OUi 11V1. a N v. y t } 11 n n1 4 Y _ ` ( 3, IP I. if � . • v l [ .M1 . 1 I d li . 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Vicinity Map Fig. , Job No• C5-10,558 R2O-17-25O1 1_:13 the contents of this letter or the project from a geotechnical point of view, please call. Very truly yours, CTU/THOMPS0N, INC. William C. Hoffmann,Jr., P.E. Principal WCH:sib (4 copies sent) 4 cc: Aggro Environmental Services CONSULTATION PLATTEV*I t.COLORADO 3 CTUT JOC NO.GS 00 d0,6 TOTRL P.03 �-R33-17'2601 la Samples of the materials found were obtained at most boring locations at depths of 6 feet or less. Because of the drilling method, the more fine grain portion of the aggregate layer was obtained. Table A summarizes the gradation of the "in- place"materials obtained. AGGREGATE QUALITY/RESERVE Table A shows theoretical gradations for coarse and fine aggregates if the samples obtained were split on Number 4 and Number 8 screens after material larger than 1-1/2 inches in diameter is removed. If the coarse aggregate Is split at the Number 4 screen, meaning there is no material smaller than a Number 4 size, the aggregate would theoretically be suitable for use as Number 57 size concrete aggregate.In order to produce tine concrete aggregate(concrete sand),the material could be split on either the Number 4 or Number 8 screens, meaning all of the material is smaller than a Number 8 or a Number 4 size. If the aggregate were split on the Number 4 screen, some blending may be required where as if the fine aggregate is split on the Number 8, it theoretically meets the requirements for fine concrete aggregate. Our scope did not include running physical property testing for quality on the aggregate. However, Terracon performed physical property testing on aggregates from a site located near the subject property. The results of Terracon's work indicates the aggregates to be of a quality suitable for use as concrete aggregate as well as base course or other structural material. Our Investigation Indicates the thickness of the aggregate layer to vary between 15 and 40* feet. The drilling equipment used was capable of achieving depths between 35 and 45 feet.Work by Terracon Indicates the deposit may be up to 75 feet thick and be more typically 40+feet thick. We also understand the permit Is for 1350 acres. Utilizing an average deposit thickness of 40 feet, calculations Indicate the reserve may exceed 87 million cubic yards. This volume does not consider setbacks or pit slopes or wasting of undesirable layers. LIMITATIONS The conclusions presented in this letter were developed based upon conditions disclosed in exploratory borings, information contained in the Terracon report provided to us and our experience.Should you have any questions regarding CONSULTATION PLAT1EVLIZ COLORADO 2 OMIT JOB NO.CS-00,555 I August 17, 2001 Platte Sand and Gravel, LLC P.O. Box 180 Littleton, CO 80160 Subject: Consultation Aggregate Pit Development Near Platteville, Colorado Job No. CS-10,558 Gentlemen: In January 2000,we visited the subject site to observe the drilling of sixteen (16)exploratory holes to evaluate the thickness of the aggregates which underlay the site and to obtain samples for testing. We were also provided a copy of a report prepared by Terracon on a site immediately south of the subject site. This letter summarizes the results of conditions found in exploratory test pits and our opinion regarding the viability of the property for recovery of aggregates. SITE CONDITIONS The 1,800±acre property is mainly contained within Sections 26 and 35T.4.N. and Section 2,T.3.N.,Range 67 West.The site Is about one mile west of U.S.Highway 86 between Gilcrest and Platteville. Figure 1 contains a map showing the vicinity of the site. For the most part, the site is relatively flat lying. The South Platte River meanders through the western and northern portion of the property.Wildcat Mound, a predominate hill feature,occurs in the northern portion of the property,north of the South Platte River.Figure 2 contains a section of U.S.G.S.map showing the river and Wildcat Mound. SUBSURFACE CONDITIONS During our visit, a total of sixteen (16) exploratory borings were excavated using a small commercial size casson drilling rig using 12 end 18 Inch diameter bits. We logged conditions found in each test hole. Figure 2 shows the general location of test holes with Figs. 3 through 6 graphically presenting the conditions found. At most locations we encountered nil to 5 feet of silty or clayey sand and sandy clay underlain by sand, gravel and cobble.The aggregates are underlain by clay or bedrock at varying depths.In the southern portion of the site,the aggregates appear to extend to depths in excess of 36 feet.Moving northerly,the clay or bedrock appears to occur at a depth of around 26 feet and at more shallow depths In Isolated places. CTL/THOMPSON, INC. CONSULTING ENGINEERS 5240 MARK CABLING BLVD. • COLORADO SPRINGS,COLORADO 5091e 6 (7101 62&8300 AFFIDAVIT The application on file with the Weld County Planning Department for Platte Sand and Gravel is located within the Platteville Fire Protection District. The Platteville Fire Protection District can provide fire protection to this site. Si, hief, Platteville Fire rotection istrict. r•� . ',kNE %• illi Kent Town hail, 1101 Broad St, Drawer 290 • Milliken, CO 80543 • (970) 587-4331 • (970) 587-2678 Fay o �o "0/Die August 17, 2001 Tom Sharkey 540 Elkton Drive Suite 202 Colorado Springs, CO 80907 Dear Mr. Sharkey; Thank you for the wonderful presentation regarding the Town of Milliken and Platte River Sand and Gravel possible partnership for"water storage, water supply, open space and pedestrian trails. The Milliken Town Board did make a motion to enter into with you in support of your trail master plan in process. As you proceed through the process please keep Town staff informed. If we can be of any other assistance please let us know. Thank you, 44- Lin sner li 1 It Mayor Frank C. Stewart P.O. Box 365 Platteville, CO 80651 Phone(970) 785-2819 August 21, 2001 Mr. Mike Geile, Chairman Board of Weld County Commissioners Gentlemen and Neighbors: I wish to ask you to deny or at least postpone the approval of a permit for mining the minerals of the South Platte River by Special Review Permit,USR 1306 for Platte Sand and Gravel, LLC for the following reasons: 1. This is one of the last great areas in Colorado that can be developed as a national historical site,where first the buffalo and the native Americans (Indians)migrated along the Platte River and its tributaries with the seasons of the year. Next came the mountain men to trap and to lead wagon trains of settlers to Colorado, California and Oregon. (Note the stage coach station on Colorado Highway 60, and the four trading posts in Weld County, Fort St. Vrain being on the property being requested for this permit.) 2. The Indians did not live in villages but were scattered all up and down the South Platte River and its tributaries. Children were born to these families and family members died and were buried near the family homes. Research by Otero Junior College in 1967, under the direction of Archaeologist Galen Baker found archaeological artifacts in this area. An electromagnetic study of this site done on June 17, 1987 revealed the presence of many unmarked graves which were not identified with permanent markers. A study should be made to identify all the burial sites and protect them from damage by any mining operation on this property. 3. During the Dust Bowl era of the 1930's there were times when the South Platte River did not flow much beyond Platteville. Only the No. 1 Ditch rights above Platteville had irrigation water. When will the next drought occur that will dry up this site? What will all of us do for water? The Colorado Big Thompson Project was developed to provide extra irrigation waters to marginal farms. Great numbers of those water rights owners sold their water rights to metropolitan areas that needed water to increase their size. The seepage from their sewage systems now supplies a great portion of the water in the river. 4. The Bureau of Indian Affairs through the AAIA(American Indian Affairs Committee) should be asked to assist us in identifying all the grave sites along the South Platte River and its tributaries. This could help us preserve historical sites and save us some embarrassment and tremendous costs. We should act now to protect these sites. n'"+�� is - 2 - It now appears that our government may be forced to make immense reparations to the surviving descendants of the Sand Creek Massacre by Col. Chivington. We don't want some future court to decide that we destroyed the grave sites of some ancestors at a price that could financially destroy Weld County. Would this mining operator be willing to place in escrow enough money to protect us if we make a decision to approve this request and later find a court would hold us equally responsible with those who destroyed grave sites and archaeological sites? 5. Safety - It has already become very hazardous to drive on U.S. Highway 85, Colorado Highway 60, and the country roads in this area because of the increase in vehicular travel. We can't safely accomodate more trucks for this mining operation. Thank you for your consideration of my report. I can help you reach some of the Indian officials if you wish. Frank Stewart CAROL Hardin - USR case#1306 Pa e 1 , From: "Laura Lynn Salazar <Isalazar@larimer.org> To: <charding@co.weld.co.us> Date: 8/22/01 7:57AM Subject: USR case#1306 This message is in regards to the above mentioned case. My family and I live west of Platteville and we are very concerned with the issues that will arise from allowing the gravel pits around our area. We are against them because of the wildlife this will destroy in the area these pits are to be located, also the traffic this will produce and the reputation that some of these companies have for their already existing pits. We hope that you take all aspects into consideration when determining your decision and that money is not one of the decision makers. Thanks for your time and I do pray that the best decisions are made for all who are at stake here. Laura Lynn Salazar Paul R Salazar Laura Salazar Ti ) r,.. ca .c. 37 I T use*twit) I-j 9: 17 August 20, 2001 CULL- Board of County Commissioners 915 10th Street Greeley, CO 80631 Weld County Commissioners: As an active voter here in Weld County, I want to voice a concern I have over allowing a mining and industrial operation to be approved for the Platte Sand and Gravel, LLC. The proposed location of this mining and industrial operation is just north of Platteville. As you know this is a significant agricultural area that needs to remain as such. Not only is it home to a wide range of wild life it also holds significant historical value with Native American burial ground as well as the first Weld County seat and fur trading post. The site also shows evidence of the oldest prehistoric man ever found in the United States , commonly known as the Dent site. It is also my understanding that there are already at least two other mining and industrial sites in the same general area of Platteville. We would hate to see the remaining agricultural land ruined by the raping of the land for purposes other than agricultural . The high traffic volume that is associated an operation of this size and calibur will also put a great strain on our tax dollars to have to maintain the roadways. There is estimated to be 400 trucks per day for an operation of this size. I would rather my tax dollars be spent maintaining the roadways we already do and see us support the agricultural significance that makes Weld County the place to live. Thank you Marva Amerine 2551 15th Ave Greeley, CO 80631 .EX IIIT U SC'- Y3C� 3172 50th Ave. Ct. Greeley, CO 80634 August 22, 2001 The Honorable Weld County Commissioners Weld County Centennial Center 915 10th St. Greeley, CO Dear Sirs, I am asking the Weld County Commissioners to deny the Platte Sand and Gravel Operation for the following reasons: 1. The County Commissioners must decided if there is a need for this gravel pit. To my knowledge, neither the county or the petitioner has done an inventory of the existing gravel pits in Weld County. 2. Is the county or the petitioner willing to pay the cost for water loss to downstream users? Has the county or the petitioner contacted any of the downstream users including the state of Nebraska? The present plan will cause a loss of fifty thousand acre feet of water if you figure the dredge times the acres. 3. The traffic caused by the trucks hauling gravel on county roads increases degradation of the roads. It also increases safety risks to private vehicles and school buses. 4. The petitioner has not addressed the issue of the Sacred Indian Burial Grounds. Will he pay for an on site archeologist as well as a representative from the historical Indian Tribes which inhabited the area? How can they save and protect these grave sites? If County Commissioners pass this petition, they must set a bond for the life of the pit. I believe the bond should be set between Fifty and One Hundred Million Dollars because of potential litigation and damages caused by water rights, grave sites, damage to roads, devaluation of adjoining properties, lawsuits due to safety issues, and reclamation. Sincerely, .— n'1 ak- A-re-.vi1 EXHIBIT William K. Perry UNC4E/3d(p • CAROL Harding- URGENT!! Re: Docket Number"#2001-57 Page 1 /1 From: Christine Howard <stvrainer@yahoo.com> To: "?????; ??"<joe_pinner@msn.com>, <charding@co.weld.co.us> Date: 8/22/01 9:26 AM Subject: URGENT!! Re: Docket Number"#2001-57 This letter of Joe Pinner receives my full support as well as other St. Vrain family descendants and friends. Because we are not able to be in attendance at today's meeting, PLEASE do give consideration to this request. Sincerely, Christine St. Vrain-Howard-Santa Fe, NM H.William Howard, Ill - Santa Fe, NM Christa Tyler-Santa Fe, NM Eric Tyler- Santa Fe, NM Todd St.Vrain-Washington, DC Rory Murphy- Bothell, WA C. Marye St. Vrain-San Rafael, NM Bobby Hooser- Francis, OK Abi Westwood -Albuquerque, NM Steve Grimm- Englewood, CO Tom Hooser- Oklahoma John Hooser-Ada, OK Pam Hooser- Blossom, TX Tom Hooser- Blossom, TX Cheryl Eudy- St. Peters, MO Dave Pino- Fremont, CA Lenore Schwankovsky, Ph.D. - Claremont, CA Devon Guthrie- Claremont, CA Colin Guthrie-Claremont, CA Arthur Derbigny- La Junta, CO Alice Kelly- Red Rock, OK "?????; ??" <joe_pinner@msn.com>wrote: >August 20, 2001 > Weld County Commissioners > re: Docket Number#2001-57 > Special Review Permit, USR 1306 > Gentlemen: >You must prohibit a Batch Plant and gravel mining > operation along the Platte River north of and > adjacent to Weld County Road 36. Mining this 3-mile >stretch of riverfront would forever destroy the most > historical area in Weld County, including: > Native American and pioneer graves, > the site of WeldPcOs first court house, > first post office, > a historic fort, > the township of St. Vrain, > the TrapperPcOs Trail,the Overland Trail, the >Taos Trail, > the Wells Fargo route, EX�IIdIT > the Golden City and Colorado Wagon Toll Road. (4. > I have lived in Weld County for 24 years and know uSt #'ado • CAROL Hardin U12GENT!I Re: Docket Number"#2001-57 Pa e 2 >this 3-mile stretch of riverfront is the prettiest > place in Weld County. Prehistoric fossils line this >Wildcat Mound area. Eagle, deer, mountain lion, and >wild turkey thrive here1gfand we want to dig it up? > For what? > Countless other sites can provide gravel. Only this > beautiful site holds such rich historical >significance. Once destroyed by the greed of outside >developers, we will have lost this natural beauty, >this connection to our heritage, forever. > With urban sprawl rapidly headed north to Greeley > and beyond, where are you going to leave a green > space?Where will our grandchildren go to close >their eyes and imagine the past? If there is a place > in all of Weld that should be preserved for future > generations, this is it. Deny this permit. Vote for >the citizens and heritage of Weld County. You can > find a way. > Most Sincerely, > R.S. Joe Pinner >2140 39th Avenue > Greeley, Colorado 80634 > 970-330-9075 > Joe Pinner > mailto:joefinner@msn.com (home) > mailto:Joe.Pinner@XcelEnergy.com (work) > http://fsv.homestead.com (FSV Website) Do You Yahoo!? Make international calls for as low as$.04/minute with Yahoo! Messenger http://phonecard.yahoo.com/ CC: <gvaad@co.weld.co.us>, <rmadsen@co.weld.co.us>, <dlong@co.weld.co.us>, <bjerke@co.weld.co.us>, <mgeile@co.weld.co.us>, Mike Peters<peters@greeleytrib.com>, <england@greeleytrib.com>, <cobler@greeleytrib.com> • BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS: At ' ( LO '2O L . THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE BOARD OF COUNTY COMMISSIONER'S HEARING FOR USR- llbfo . THE SIGN WAS POSTED BY: - M e4.4. NAME OF PERSON POSTING SIGN • SIGNATUR PERSON POSTING SIGN STATE OF COLORADO) )ss. COUNTY OF WELD ) ! SUBSCRIBED AND SWORN TO ME THIS�j ! DAY OF /11-46+ ,- • . . bril t. NOTARY PUBLIC MY COMMISSION EXPIRES: `7 <' . > k' r� _ THIS FORM SHALL BE PLACED IN THE APPROPRIATE FILE FOR THE ABOVE CASE. 4 Exwerr Hello