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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
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20013506.tiff
Erwirop ept , Inc. • • LARRY E. O'BRIAN - " 7985 VANCE DRIVE,SUITE 205A FOUNDER ARVADA, COLORADO 80003 303.423-7297 FAX 303-423-7599 March 30, 2001 Clerk to the Board Weld County Commissioners Office 915 10th Street, 3rd Floor Greeley, Colorado 81003 Re: Application for a Mined Land Reclamation Permit Dear Sir/Madam: We are delivering to you here with two adequacy review response packets for the S & H Mine to be operated by Platte Sand & Gravel LLC. This copy of the adequacy review packet is deliv- ered to you pursuant to 34-32 .5-112 (9 ) (a) , Colorado Revised Statutes 1995, as amended. This packet must be kept with the original book, for public review until the permit has been approved by the Division. We will contact you once it is and make arrangements to pickup this copy. Please acknowledge receipt of the copy of this packet by signing in the appropriate space provided below and returning one copy of this letter to the person delivering the book. This will be submitted to the Division of Minerals and Geology to prove this packet was delivered to your office. Yours truly, ENVIRONMENT, INC. Stevan L. O'Brian enclosure RECEIVED THIS DAY OF , 2001, one copy of an D.M.G. Adequacy review packet for above mine. Weld County Clerk to the Board By ?ocl-354O Pvsys Euvirouwcut, Juc. LARRY E.O'BRIAN - 7985 VANCE DRIVE,SUITE 205A FOUNDER ARVADA,COLORADO 80003 303-423-7297 FAX 303-423-7599 March 30, 2001 Ms. Erica Crosby Division of Minerals and Geology 1313 Sherman St. , #215 Denver, CO 80215 c:: Dear Erica; O D JJJ RE: Platte Sand & Gravel LLC S&H Mine, Permit # M-2000-158 The following responses have been changed to correct or redefine the answers presented in the March 26, 2001 adequacy response. Thanks for pointing out the problems and suggested changes so we can keep this going. As before I an responding for my client Platte Sand & Gravel LLC. 1. PS&G cannot predict the exact areas where dewatering may take place in each area. At this time the plans are to dewater a very small area in each lake area. This will create an area where the dredge can be set and/or built on the floor of the excavation. Once the setup is complete the pumps would be shutoff and the excavation would refill, floating the dredge so mining could resume. The area of dewatering will be limited to one (1) acre or less in each lake area, as far from the permit boundary as possible. The depth mined would be limited to 15 feet below the static water level or less, to reduce the impacts to surrounding wells. The dewatering period on each small area ' may extend up a year to allow time to remove the gravel from the hole and setup the dredge. Rule 6.4.8 Exhibit H- Wildlife lnformatlon , 28. First I want to thank the Division of Wildlife (DOW) for the comprehensive reports they have prepared. Their information has been very helpful in determining the wildlife issues on the site. The undisturbed areas along the river are desig- nated wildlife habitat and the reclaimed areas around the lakes are the proposed recreation areas. However, the operator will not change the sloping plan or the seedmix at this time since the wildlife areas will not be disturbed. 29. Very few trees or shrubs will be removed by mining and none will be removed by the operator in the wildlife habitat areas. ENVIRONMENT, INC. PAGE 2 MARCH 30, 2001 When planning this mine the actively farmed areas were specifically chosen as mining areas to avoid disturbing the old trees along the river. The operator appreciates DOW's suggestions but chooses to keep the plan as described in this permit application. No trees will be replaced as part of the plan, BUT the landowners may wish to plant additional vegeta- tion along the lake perimeters in the future. Also, no islands will be built since they would create hazards to boats using the lakes. Please disregard the answers I provided for item numbers 11, 28 & 29, in the original letter and use these responses in their place. I will place a copy of this response with the Weld County Clerk of the Board as required. If you have any questions please call me. Sincerely, Environment, Inc Stevan L. O'Brian President cc Weld County Clerk Platte Sand & Gravel LLC file • • • Eviroineit, I c. LARRY E.O'BRIAN 7985 VANCE DRIVE,SUITE 205A FOUNDER ARVADA,COLORADO 80003 303-423-7297 FAX 303-423-7599 March 30, 2001 Ms. Erica Crosby Division of Minerals and Geology 1313 Sherman St. , /215 Denver, CO 80215 Dear Erica; RE: Platte Sand & Gravel LLC S&H Mine, Permit # M-2OOO-158 This will serve to address the letter the Division received on March 19, 2OO1 from the Platte Valley SCD. I note that the Division received the document nearly 33 days after the public comment period ended. If my memory serves me right, the Platte Valley SCD was advised in a notice they received on December 23, 2OOO that they had the same comment period as everyone else and still failed to follow the rules. I feel it is very important to make sure all interested parties follow the rules laid out in the law, even the SCD. Since they do not appear on the "PARTY TO THE CASE" list their comments would not be addressed, normally. Platte Sand & Gravel LLC has asked me to respond to this as a courtesy to the local SCD office, but I feel the above comments had to be made to keep the record straight. After reading their comments I find that many of the items would have been very useful when I was preparing the permit. I have accepted some of their suggestions and made some of the corrections they pointed out. On behalf of our client Platte Sand & Gravel LLC (PS&G) , I will respond to the Platte Valley SCD letter in the order pre- sented. We wish to thank the SCD Board for the time they took to review the permit. Sons/limitation.- This is not a Division of Minerals and Geology issue. It would be addressed if there were engineered foundations for permanent structures on the site. For Septic - The same soils data was presented by the NRCS in their report and this information is repetitive.. . Prior to building a septic system for this facility PS&G will have to have it designed and approved by the Weld County Health Dept. The engineers hired to design a septic system will have to take into account the soils coPY ENVIRONMENT, INC. • • - PAOC 2 MARCH 29, 2001 types on the site. This is a county issue that will be address with the County Health Department. For Small Commercial Buildings. - Again PS&G would have to engineer the building foundations to the soils where they would be built. This will be addressed with County Building Department and Engineering. staff. Prime Farm Land - We concur, this was the same., assessment Mr. Norm Wells had in the NRCS letter. Soil Erosion Potential - 1. Mr. Gary Cole, the ranch manager for Tom Sharkey, has been working with Ron Broda since Mr. Sharkey purchased the property in early 2000. Mr. Cole and Mr. Broda have worked closely together to prepare a plan and control the problem weeds on the property. Weed control was sadly neglected on the ranch in the years proceeding Mr. Sharkey's purchase. Attached is a copy of the weed control plan for your. file. For your information during summer and fall of 2009 the ranch was used as a test site for controlling various noxious weed in cooperation with the Weld County Weed Management Specialist. Mr. Sharkey is committed to controlling the undesirable weeds on the ranch and mining area as it develops. 2. PS&G will not change the sloping plan at this time. 3. This appears to have been a typo on our part. The correct nomenclature should be as they suggested Phospho- rus (P2o5) . This should be corrected on page 14 of the application. 4. Thank you for the suggestion, as we noted on page 14 in the application PS&G would do soil tests and apply fertilizer as needed. When the soils test is done, PS&G . will request the lab test for salt and adjust the seed mixture accordingly. The Division will be supplied with the information and a change to the seedmix will be done as required. 5. So noted, seeding times are now November 1 to April 30 as suggested. Attached is a revised SEEDING TIME statement for page 14 of the application. 6. No mulch will be used in the reclamation plan. PS&G is aware that they have to make the grass grow and that mulch may help. I have had some negative results with mulch and prefer to react to site specific conditions when planting is done. Inter-seeding with a cover crop •ENVIRONMENT, INC. S PAGE 3 MARCH 2B, 2001 can also prove useful but until the actual seeding is done PS&G would prefer to not be confined to using mulch. 7. The use of Crested Wheatgrass for the cover crop is acceptable. However, it is not practical to drill the seed on topsoil piles. The heavier seed rate is used to enhance the grass growth on the piles, and while may be excessive the nature of topsoil piles makes it easer to accomplish adequate seed cover with the heaver applica- tion rate. Please substitute the words Crested Wheatgrasp for Western Wheatgrass on page 17 of the application book. Other - This issue has been dealt with. We have a letter from the Platteville Historical Society showing they are not concerned since Mr. Sharkey will be working with them to preserve the site. The Division received a copy of the letter in the March 27 adequacy response letter. I hope these responses address the SCD letter to your satisfaction. I will place a copy of this response with the Weld County Clerk of the Board as required. I you have any questions please call me. Sincerely, Environment, Inc Stevan L, O'Brian President cc Weld County Clerk Platte Sand & Gravel LLC file Platte Sand & Gravel LLC S&H Mine - Permit #M-2000-158 Addendum and revision to page 14 of original application. SEEDING TIME The grass seed mixture will be planted between November 1 and April 30 for any given year. It will be planted after the first freeze (about the time Winterwheat is planted) . According to the Platte Valley Soil Conservation District says this will assure that the seed will remain dormant until the spring growing season. If spring planting is convenient, it will be done in no later than April 30, so it would have time to mature before weeds begin to compete for moisture. The time of planting will be controlled by when the seedbed areas are ready for planting. • • Landowner 144pagement P I. Name Tom Sharkey Gary Cole, Forman Address 15430 Coppertield Dr. City, State and Zip Colorado Springs, CO 80921 2. Legal Description Parcel Number 2 , 26, 34 , 35, 3. Brief description of land and current use(s). Grass and Alfalfa hay and pasture. 4. Future plans for the land. Keeping as hay and pasture ground . gome of the pasture land will be mined for gravel . 5. Description of weed infestation. (Answer B or C) A. Weed Species. B. Acres Infested. C. Percent Infested Canada Thistle 60 6% Musk Thistle 10 3% Scotch Thistle 5 2% Leafy Spurge ?5 10% D. Specific location of infestation(s) on land. (Wetland, along ditch, fence line, etc.) In the trees elong the river, roads,ditchs , pasture edges and fence row , . b. Management Plan A. Techniques I will use to keep the noxious weeds from going to seed, that will also reduce infestation. Mechanical Control and Chemical Control . Mowing in the hug stage and spraying at proper times in the spring, summer and fall using fanvel , Plateu,Oajis ,Tordon , 2-4-d Weld county will , be seting up test plots using new sprays end trying new applicators . H. lrnplementation schedule. We will take up where we left off last fall ,as soon as the plants are in the best mowing stage and the spraying the same . C. Anticipated length of implementation (years). Four to five years . Landowner Signature��it Date: 2-1)O .a / gm4H fJ44-1992 • • Platte Valley Soil Conservation District 57 West Bromley Lane - Brighton, CO 80601 - Phone(303) 659-7004 March 9, 2001 RECEIVED PERMIT NUMBER: M-2000-158 MAR 1 9 2001 PROJECT: S & H Mine New 112 Mining and Reclamation Permit Division of Minerals and Geology PLANNER: Erica Crosby NRCS REPESENTATIVE: Andrea Leonard, Soil Conservationist In consultation with the Natural Resources Conservation Service (NRCS), we have reviewed the above referenced case and have the following comments (these comments were also sent to the Weld County Department of Planning Services): SOILS/LIMITATIONS: The application did not address the kinds or buildings or waste disposal needed for this facility. Below is a summary of the soil limitations that could be encountered if this land is developed: For Septic Systems: The Altvan loam 0% to 1% slopes, and Aquolls and Aquents gravelly susbstratum have severe limitations because of slow percolation. The Colby loam 3% to 5% slopes, Haverson loam 0% to 1% slopes, Kim loam 1% to 3% slopes, Kim loam 5% to 9% slopes, Weld loam I%to 3% slopes and Wiley-Colby complex 1% to 3% slopes have moderate limitations because of slow percolation. The Altvan loam 0% to 3% slopes, Bankard sandy loam 0% to 3% slopes, Cascajo gravelly sandy loam 5% to 20% slopes, Dacono clay loam 0% to 1% slopes have severe limitations because of poor filter materials. The Aquolls and Aquents gravelly susbstratum have severe limitations because of flooding and wetness. The Haverson loam 0% to 1% slopes have moderate limitations because of flooding. The Nelson fine sandy loam 3% to 9% slopes and Tassel fine sandy loam 5% to 20% slopes have severe limitations because of shallow depth to bedrock. For Small Commercial Buildings: The Aquolls and Aquents gravelly susbstratum have severe limitations because of flooding and wetness. The Bankard sandy loam 0% to 3% slopes and the Haverson loam 0% to 1% slopes have severe limitations because of flooding. The Cascajo gravelly sandy loam 5% to 20% slopes, and the Tassel fine sandy loam 5% to 20% slopes have severe limitations because of potentially steep slopes. The Colby loam 3% to 5% slopes, Kim loam 5% to 9% slopes, and the Nelson fine sandy loam 3% to 9% slopes have moderate limitations because of potentially steep slopes. The Weld loam 1% to 3% slopes and Wiley-Colby complex 1% to 3% slopes have moderate limitations because of the shrink-swell potential of these soils. PRIME FARMLANDS: This land is not considered prime farmland. j -,• CONSERVATION-DEVELOPMENT-SELF-GOVERNMENT • • SOIL EROSION POTENTIAL: Most of the soil covered by this application is considered highly erodible and should be protected. Mining or construction on this soil should be planned so as to disturb as little soil as possible and measures should be taken to prevent soil movement offsite. Please see the attached revegetation plan developed by Norm Wells last May. We would recommend the following additions/changes to the revegetation plan sent in the application package: 1. The applicant needs to contact Ron Broda, Vegetation Weed Management Specialist with the Weld County Public Works Department at (970) 356-4000 X 3770 to develop a weed management plan. A weed management plan developed in concurrence with Weld county is recommended as a means of controlling noxious and other weeds. The application mentions weed control but did not specify the source of its planning information. 2. The application specifies reclaimed perimeter slopes to be restored to 3 feet horizontal to 1 foot vertical. Slopes steeper than 4 feet horizontal to 1 foot vertical cannot be seeded with a grass drill which will provide the best chance for stand establishment. We recommend that the applicant revise the revegetation plan to include perimeter slopes at 4:1 or shallower. 3. The application mentions applying 40 pounds per acre Potassium (P2O5) if a soil test reveals a need for additional fertilizer. Potassium (P2O5) should be replaced with Phosphorus (P2O5). 4. We recommend that the applicant test the soil for salinity (electroconductivity) in addition to fertilizer requirements. This area has an abundance of salt tolerant vegetation growing on it which indicates a potentially saline soil. If the soil is high in salts it may be necessary to plant salt tolerant grasses which will change the grass mix recommended by the NRCS. 5. It is not recommended that the applicant perform fall seeding prior to November 1. Seeding before soil temperature drops below what is needed for germination may enable the seed to break dormancy and begin growth. There is not enough time between September and the first hard frost for the grass to become established enough to survive the winter. We also recommend that planting not occur after April 30. Seed planted later in the spring and summer will not have matured enough to compete with weeds for moisture by the time soil water becomes scarce and the weather turns hot. Planting should occur between November 1 and April 30 into unfrozen soil. 6. No mention was made in the application as to how the new grass seeding would be protected from erosion. Weed cover will protect the ground from eroding but will not allow the grass to germinate because weeds are better competitors than grass seedlings for soil moisture. We recommend that the applicant follow the recommendations for mulching sent by the NRCS (see attached). 7. The application mentioned that topsoil stockpiles would be protected from soil erosion by seeding them with two pounds per 100 square feet Western wheatgrass seed. Western wheatgrass is an excellent native grass with high wildlife value but is not the best species for temporary cover. We recommend that the applicant plant 5 pounds pure live seed per acre Crested wheatgrass `Ephraim' using a grass drill, or twice that amount if the seed is broadcast. Crested wheatgrass grows much faster than Western wheatgrass and will provide better erosion control. . • OTHER: The Old Fort Saint Vrain Ruins, a potential cultural resource, are located on this property. The State Historical Preservation Officer should be contacted regarding the value of this site and how it should be protected from mining activities. The District welcomes the opportunity to review and comment on proposals such as this. Conservation and wise use of out natural resources are foremost in our goals and objectives. We look forward to working with you in the future. If you or the applicant should have any questions, please feel free to contact the NRCS representative at 303-659- 4177. Sincerely, / 6'2c_-14-27--- District Board of Supervisors • • Epviron$it , IPC. LARRY E. O'BRIAN - 7985 VANCE DRIVE, SUITE 205A FOUNDER ARVADA,COLORADO 80003 �--'- - 303-423-7297 FAX 303-423-7599 March 26, 2001 Clerk to the Board Weld County Commissioners Office 915 10th Street, 3rd Floor Greeley, Colorado 81003 Re: Application for a Mined Land Reclamation Permit Dear Sir/Madam: We are delivering to you here with a adequacy review re- sponse packet for the S & H Mine to be operated by Platte Sand & Gravel LLC. This copy of the adequacy review packet is delivered to you pursuant to 34-32 .5-112 ( 9 ) (a) , Colorado Revised Statutes 1995, as amended. This packet must be kept with the original book, for public review until the permit has been approved by the Division. We will contact you once it is and make arrangements to pickup this copy. Please acknowledge receipt of the copy of this packet by signing in the appropriate space provided below and returning one copy of this letter to the person delivering the book. This will be submitted to the Division of Minerals and Geology to prove this packet was delivered to your office. Yours truly, ENVIRONMENT, INC. Stevan L. O'Brian enclosure RECEIVED THIS DAY OF , 2001, one copy of an D.M.G. Adequacy review packet for above mine. Weld County Clerk to the Board By Eiviroi,wei,t, Inc. LARRY E.O'BRIAN 7985 VANCE DRIVE,SUITE 205A FOUNDER ARVADA,COLORADO 80003 303-423-7297 FAX 303-423-7599 March 26, 2001 Ms . Erica Crosby Division of Minerals and Geology 1313 Sherman St. , #215 Denver, CO 80215 Dear Erica; RE: Platte Sand & Gravel LLC 5&H Mine, Permit # M-2000-158 On behalf of our client Platte Sand & Gravel LLC (PS&G) , I will respond to your February 22 , 2001 adequacy letter in the order and number format presented in that document. I have also addressed the three items in the March 8th letter in this response. You may not be aware that Tom Sharkey (majority land owner) is the President of Platte Sand & Gravel LLC and Krystal Hoffschneider (second land owner) is the Vice President, so some of our answers are based on this information. 1 . Attached is a copy of the Proof of Publication for this operation. Also, attached are copies of the return receipt cards for adjoining owners and easement holders of record. In three cases the adjoining owner did not pickup their letter so a copy of the returned unopened envelope is enclosed. Rule 6.4.5 Exhibit C-I Mining Plan Map 2 . This map was revised as you suggested. The scale makes it hard to distinguish various lines showing mined areas and size of operation stages . The hatched areas show the limits of mining in each area. These represent the setbacks proposed, assuming the necessary clearances are obtained from the owners, for structures not owned by the company or principals in the company. These may change as PS&G works with the oil & gas companies and ditch company. Rule 6.4.4 Exhibit D - Mining Plan 3 . So noted. As the mine develops, minor changes due to irregu- larities in the land, and how an area has developed would be noted in the annual report. PS&G realizes, that if the C 0 Plf ENVIRONMENT, INC. • ` PAGE 2 MARCH 267 2001 reclamation plan is changed, they will have to address it with the Division and file the necessary documents . 4. You are correct, therefore the 394 .16 will be changed to 408.29 . The timetables on pages 10 and 18 were also checked and they are correct. The numbers on the Reclamation Map are for the entire size of each lake area. This is the normal procedure when dealing with staged operations. 5 . Platte Sand and Gravel will mine a small part of the Highlands Lake Area that has a terrace deposit of gravel. No ground water will be exposed in this area until we return later and mine the entire area. As explained in the second paragraph on page 7 of the application, PS&G will only level the bench off during the initial mining in this area. By leveling this area off at the surrounding ground level PS&G will stay approxi- mately 6 feet above the ground water level. The cross sections on Adequacy Exhibit 1 shows how this will look. Later the entire area will be mined and a lake as shown on Map Exhibit F - Reclamation Plan Map will be created. 6. Mining depths will vary between 45 and 60 feet. The nature of the surface gravel deposit in this area varies that much. A conservative depth of 45 feet was used to estimate the mines life and that depth was used on the Reclamation Plan Map, it is important to remember that state law encourages PS&G to maximize extraction of the gravel and sand from the site. To do this they may mine more than 60 feet if it is feasible when they encounter the deeper areas. Underlaying the gravel is a gray/black shale of undetermined depth. 7 . No structures exist in the shop area at this time. Mr. Sharkey has said that he would build a temporary shop building on the area that would be used to service ranch equipment and could be used by the mine operation as well. Since the property is zoned Agriculture he can build the building under the Weld County Use by Special Review permit and will only need the necessary building permits from Weld County. The division has no jurisdiction on his private rights to build a shop and PS&G respectfully submits that the information you request is unnecessary. 8 . It was stated very clearly that the Plant Site would be used for auxiliary uses including the three plants noted. Since it was noted that the Plant Site may move from area to area, needing to revise the permit to allow this is unnecessary. It is part of the flexibility built into the overall plan. These plants will be allowed uses under our county permit and the necessary permit to install them will be applied for. Until the Plants are installed, their exact location in the Plant Site is unknown. The sketch plat of the Plant Site area on Adequacy Exhibit 2 is attached so the Division can see how they will relate to each other. The reason a "Plant Site" is ENVIRONMENT, INC. • • PAGE 3 MARCH 26, 2001 designated was to give the operator the flexibility to place various processing plants in it, in unspecified locations. We will keep that flexibility and state again that the Plant Site may contain but is not limited to gravel processing equipment, gravel stockpiles, an asphalt batch plant, a concrete batch plant and/or a concrete casting facility. Processing plants do not need to be placed in the bond calculation since they will be allowed under our county permit and would be removed as an asset if mining ended prematurely. All necessary permits needed from other government agencies that apply to these plants will be obtained before operating them. 9 . All roads used by this operation will be contained on site or are county roads. The on site roads will not be improved unless used as a haul routes and in that case they will be maintained regularly and graveled to keep dust down. Most of these roads will remain when mining ends to allow access to oil well facilities on the site. Existing roads vary from 12 to 25 feet wide depending on their use. The new access road will be constructed from the southeast corner of the site to the Plant Site in the approximate location shown on the mining plan map. This road will be up to county standards, probably 50 feet wide with a gravel surface. Drainage ditches will be along each side to collect any runoff and channel it to drainages that cross the site now. As stated in the appli- cation, no water that comes in contact with disturbed areas will leave the site unless it is allowed under our discharge permit. 10. So noted. This was an advisory statement to make all inter- ested parties understand that changes to the end use may happen. This keeps someone in the future from saying they were never told the possibility existed. I might point out that if PS&G chooses to seal one of the lakes, fill it with water they purchase/own and use it for recreation is does not change the final reclamation plan. 11 . At this time PS&G cannot predict the exact areas where dewatering may take place in each area. At this time the plans are to dewater a very small area in each lake area. This will create an area where the dredge can be set and/or built on the floor of the excavation. Once the setup is complete the pumps would be shutoff and the excavation would refill, floating the dredge so mining could resume. The area of dewatering will be limited 5 acre or less in each lake area as far from the permit boundary as possible. The depth mined would be limited to 15 feet below the static water level or less, to reduce the impacts to surrounding wells . The dewatering period on each small area may extend up a year to allow time to remove the gravel from the hole and setup the dredge. ENVIRONMENT, INC. • • PAGE 4 MARCH 26, 2001 Leonard Rice Consulting Water Engineers (LRCWE) was retained to prepare an analysis on the impacts that might be expected using this plan, the report is attached for your review. They are also working on a long term plan that may involve building and/or installing a water recharge ditch/lake up gradient from the dewatered area that would act as a recharge barrier between the excavation and adjoining wells. This would allow dewatering on larger areas in the mine. This method has been used by Weld County Highway Department in their pits to offset possible off site impacts . The analysis will include all the necessary technical information to show it will have little or no impact to surrounding water structures. As soon as LRCWE has the analysis complete it will be submitted to the Division for review. PS&G will commit to not dewatering areas larger than 5 acres until a proper analysis showing that dewater will not have a significant impact on adjacent wells. An interest- ing fact is that if the total area proposed in each area was added up and divide it by the total mined area PS&G will have only dewatered 1 .08% of the entire area under this plan. 12 . Desilting ponds will be built in the plant site area and consist of two ponds, the primary pond will accept water from the processing plant and the secondary pond will accept water from the primary pond. The ponds will intersect the watertable and will be unlined. Once they fill, the silt will infiltrate the gravel strata an affectively seal them. They will be cleaned as needed and the silt will be used by the operator as needed. Water will be pumped from the main lake area to the processing plant and the clean water from the secondary pond will return to the excavation area. Adequacy Exhibit 3 show a typical siltation collection facility, but until the plant is actually set up, we do not know where the ponds will be located. They will be contained in the Plant Site area. Since each plant site will be mined the ponds would be removed by mining at that time. If they were left as a result of premature stoppage the above water areas would be reclaimed using the methods described in the reclamation plan. The fines would settle out and the clean water would reenter the main lake. No special actions will be necessary during dredging to avoid silting in the ground water. Any dirt stirred up by mining would remain in the excavation area and settle when mining ended for the day. This is typical to what is done in similar operations around the state and I know of no problems with it affecting groundwater quality in those operations. Rule 6.4.5 Exhibit E-- Reclamation Plan 13 . PS&G will commit to placing field markers to delineate the setbacks around the mining areas . This includes along the river, gaslines, wells, or other structures around the site. ENVIRONMENT, INC. • • PAGE 5 MARCH 25, 2001 14. The exact location of any swim beaches is not known at this time. They were listed in the text as examples of what type of uses may occur on a lake when mining ends. If their inclusion on maps is necessary, PS&G states that no swim beaches will be included in the reclamation plan unless they are build to MLR requirements. Some flexibility is necessary in the plan, so as the area develops PS&G and the landowners have control over the end use. If a swim beach is to be left in a lake area we will commit to making them 5 : 1 or less as required and showing their location in our annual report map. One way to look at it is that if the operator chooses to leave slopes shallower than what is required by the law they would still be in compliance with the overall reclamation plan. 15 . Attached is a letter and affidavit addressing Rule 3 . 1 .5 (a) to (f) . 16. The typical pond design can be seen on Adequacy Exhibit 3 and the layout relationship of the plants is shown on Adequacy Exhibit 2 . As for reclamation, the ponds will be cleaned as needed and when the plant site is mined they will be removed. If they remain when mining ends the above water banks will be reclaimed as described in the reclamation plan text and the ponds would become lake areas . 17 . The NRCS suggestion is a blanket recommendation they use in their response to an operators request for information and as such PS&G did not chose to make it part of the reclamation plan, after all, they are responsible for making the grass grow and to complete reclamation as approved. I want to thank the NRCS for their recommendation but respectfully reject it in this case. Rule 6.4.7 Exhibit G - Water information. 18 . No water will be used during mining or reclamation and assuming the lakes are not lined one would expect 2, 274 .23 acre feet or water to evaporate from the exposed lake areas each year. This assumes that 768.32 acres of lake surface is created with an average net annual evaporation of 2 .96 ac- ft/surface acre. Page 19 of the application shows that average consumptive uses is estimated to be as much as 15 af- ft per year. This would be associated with dust control, processing and washing activities. This is for an average year and may be higher or lower depending on actual condi- tion's encounter in the future. The flow rates associated with this use will vary with the dryness of the climate and other uncontrollable variable. The estimated amount of water lost with finished product is 4% by weight so it is consistent with OSE guidelines and is included in the 15 ac-ft estimate. 19 . Platte Sand & Gravel LLC has no current water rights to use for make up water. They are working on this and be assured ENVIRONMENT, INC. • • PAGE 6 MARCH 26, 2001 that they are fully aware of state law in regards to water use. In the Temporary Substitute Supply Plan (TSSP) and well permit filed with the State Engineer and PS&G said that during the first five years they will buy water from Longmont to cover the industrial and evaporative uses associated with this operation. Copies of the contract with Longmont will be submitted once they are available. PS&G understands that they will have to have adequate water to offset evaporative losses and for industrial uses to stay in compliance with state law if groundwater is exposed. 20. There are actually only 10 water wells on the site not the 12 noted in the permit. A well location map Adequacy Exhibit 4, is attached for your review. Each well has an ID label that shows the owner, total depth and permitted use. Attached are copies of print outs from the Office of State Engineer showing well ownership on the site and within 600 feet of the permit boundary. The highlighted wells on the list are those on or within 600 feet of the permit area. 21 . The use of the term ditch was used to very loosely describe minor water carrying facilities, such as natural drainages, and seasonal irrigation ditches. Most of the type on the site are seasonal irrigation ditches that are cut each season as needed. Those in areas not being mined will continue to be used for agricultural purposes throughout the life of the mine and so they may change yearly. There are no ditches on the Sharkey's Lake area or the terrace deposit in the Highlands Lake area, so no ditches will be disturbed in the first 40+ years while PS&G removes this gravel. There is one concrete ditch running parallel to the north/south road that supplies water to various fields along its length. This ditch will not be disturbed by the mining operation. 22 . This is not really a ditch it is a natural drainage feature that water is pumped into to feed the two stock watering ponds on the north end of Bluff Lake. The irrigation return flow is shown as the undisturbed area along the toe of the slope between St. Vrain Lake and Longhorn Lake. It only drains the Sharkey property and will be removed up to the stock ponds as mining progresses across the eastern lakes. No agreement is required since Mr. Sharkey owns the land over which it passes. 23 . The only aquifer impacted by mining on this site will be the groundwater aquifer associated with the South Platte River. It is contained in the gravelly strata on both sides of the river from near Waterton Canyon at the base of the foothills to the Colorado State line near Julesberg. On this site the top of the water table is approximately 6+ feet deep and the gravel varies from 45 to 60+ feet deep. So one could surmise that the saturated depth is between 38 and 53+ feet deep. Mr. Greg Roush with Leonard Rice Consulting Water Engineers, used a permeability number of 1, 043 ft/day (Ground Water circular No. ENVIRONMENT, INC. • • PAGE 7 MARCH 26, 2001 11) and the specific yield of 0.2 when calculating the stream depletion numbers for the well permit for this site. Under the gravel is a layer of shale that seals it from underlying aquifers. 24 . This was stated because PS&G knows they will have to mitigate any impacts cause prevailing hydrologic balance. Attached is a report from Greg Roush with Leonard Rice Consulting Engi- neers addressing this request. Their analysis is very thorough and recommends methods PS&G will follow during dewatering. This report does not include an analysis of installing up gradient recharge facilities. That will be done and submitted to the Division prior to dewatering larger areas . 25 . As the Division knows, gravel mines have been located in the floodplain of the South Platte River for many years and they have had little impact on the floodplain' s ability to carry flood waters. The amount of gravel stored at any one time has a very small footprint in comparison to the amount of hole created by mining. The hole between the natural ground level and the groundwater table on a 50 acres portion of this site could absorb approximately 13, 068, 000 cu-ft of flood waters that would enter the mine. If on the other hand, one assumes the material stockpiles covered 10 acres of the plant site area and the flood depth was 3 .0 feet (flood elevation 4753 feet, Plant Site elevation 4750 feet) then the stockpiles have a 1,306, 8000 cu-ft foot print in the floodplain leaving a difference in our favor of 11, 761,200 cu-ft. The property would actually retain more water than it does now, and actually reducing the impact a regional flood would have on surrounding land. The reclamation map shows that the internal lake separations will not be elevated above their existing grade and there are no plans to build a berm along the river. No new berms or dikes will be built on the site to impede flood waters entering or leaving it. Weld County requires PS&G to have a Floodplain Permit prior to mining the area that will address these issues . Pickett Engineering is evaluating the effects the floodplain would have on the mining operation and a copy will be submitted when available. This analysis will be the basis for the designing the protection needed on any east-west lateral divider. Initially there will be no lateral dividers in the mined area, it isn't until mining ends in the Sharkey's Lake area that armoring would be necessary. 26. Using the qualifier came about because of problems I have had with the Division in the past. I was very careful to state at the setbacks along the river are Mining Setbacks so that PS&G would not be responsible for acts of nature (bank erosion) that would be very expensive to mitigate at the time of reclamation. This has happened to me before when it is time ENVIRONMENT, INC. • • PAGE 8 MARCH 26, 2001 for bond release. I do not believe the Urban Drainage Technical review is applicable for this area. Urban Drainage does not have any jurisdiction this far from Denver and the document is supposed to be an advisory document. Be assured PS&G does not want the river in the mined area anymore than the Division does and will take the necessary precautions to keep it out. With that said, PS&G will commit to mining no closer than 400 feet of the river bank in the area where no armoring is done; 250 feet where armoring exists only on the river side of the bank and 150 feet where armoring is placed on both banks. If armoring is done on both banks the armoring will be done as mining progresses in that reach. The FIRM map, Panel 705 of 1075, is attached. It was prepared in 1982 and shows only the 100 year floodplain area. 27 . The operator will have approximately 22, 000 cy of soil stored on the site any one time. This was shown in Exhibit L - Reclamation Costs and is enough growth medium to resoil the areas disturbed under the bond. PS&G will commit to keeping the piles aligned with the river (parallel to the flow) and placing them as far from the river as practical. I have added the Floodplain line from the FIRM map to the revised Mining Plan Map. The FIRM map does not designate heavy flow areas so one must assume it would be close to the river. A copy is enclosed for your review and I placed the permit outline on it for review purposes . Rule 6.4.8 Exhibit H- Wildlife Information 28. First I want to thank the Division of Wildlife (DOW) for the comprehensive reports they have prepared. Their information has been very helpful in determining the wildlife issues on the site. However, the operator will not change the sloping plan or the seedmix at this time. To facilitate this PS&G is removing the words "wildlife habitat" from the permit so there will be no confusion in the future. Originally, the area along the river was designated wildlife habitat and was not to be disturbed, while the reclaimed areas were the proposed recreation areas . 29 . As noted above the term "wildlife habitat" is removed from a designated land use in this mine. Page 2 of the application form shows the Primary End as "Recreation" so that is the official primary end land use. Very few trees or shrubs will be removed by mining. When planning this mine the actively farmed were specifically chosen as mining areas to avoid disturbing the old trees along the river. The operator appreciates DOW's suggestions but chooses to keep the plan as described in this permit application. No trees will be replaced as part of the plan, BUT the landowners may wish to plant additional vegetation along the lake perimeters in the ENVIRONMENT, INC. • • PAGE 9 MARCH 26, 2001 future. Also, no islands will be built as part of the reclamation plan. 30. No active nest has been identified close to the confluence of the St. Vrain and South Platte rivers that I know of. In the August 8 letter they mention a nest in the area of the confluence but in later correspondence they make on mention of a nest in the immediate vicinity of the permit area. During our discussions with the DOW no mention or specific location of a nest has been brought up. The DOW refers to a Roost Area most often and it is important to understand the difference. Activities around a nest are far more restrictive that a roost and I want to make it clear that there is NO nest close to this mine. PS&G is fully aware of their responsibilities regarding threatened and endangered species that may exist on the mine site. Rule 6.4.10 Exhibit J- Vegetation Information 31 . Division of Minerals and Geology has no jurisdiction over wetlands. PS&G has been working with the Corps of Engineers on this and Terry McKee of the Denver office stated that wetland delineations are only good for five years . A prelimi- nary wetlands study complete by ERO Resources last fall and the small scale map attached shows the possible wetland areas, Adequacy Exhibit 5 . PS&G will not impact those areas at this time and understands, that they cannot place fill in them without a permit. Nothing in current the law prevents the operator from mining and reclaiming these areas unless fill is placed in them. Rule 6.4.12 Exhibit L - Reclamation Costs 32 . So noted. Rule 6.4.13 Exhibit M- Other Permits & licenses 33 . The TSSP and well permit were filed with OSE on March 1, 2001 by Leonard Rice Consulting Water Engineers. The LRCWE expects this permit to be approved by April 15, 2001 . PS&G will commit to not exposing groundwater until the permit is approved. A copy of the approval will be sent to the Division for the records once it is received. 34 . At this time this operation does not need a 404 permit for the areas to be disturbed in the long range future. I have submitted additional information to the Corps of Engineers (COE) and asked them to clarify their referral letter of January 3, 2001 . A copy of their response will be submitted for the Division file as soon as I have it. PS&G feels that it is not practical to incorporate a 404 permit requirements in the Reclamation Plan. I have argued this with the Division before and still feel that it is not up to the Division to ENVIRONMENT, INC. • • PAGE 1 0 MARCH 26, 2001 enforce 404 regulations. The argument is supported by CRS 34- 32 .5-104 that forbids the Division from enforcing another agencies regulations. The COE has previously stated that the permitting party (Platte Sand & Gravel LLC) would be held liable for fulfilling the 404 permit obligations and not the Mined Land Reclamation Board if they were not complete should PS&G default on the reclamation permit. PS&G will not incorporate any 404 permit into the reclamation permit. 35 . Exhibit S - Owners of Record of Affected Land - Surface Area contains all the names of easement owners and other surface leases of record. The scale of the map makes it hard to see the easements. I disagree that PS&G needs a source of legal right to enter their easement since the easement holders do not own the surface, only the right to use it. The surface owners still have the right to use the areas within the easement and both of the owners are principals of Platte Sand & Gravel LLC. Their ability to access their structures on the easements must be protected and PS&G has done that. PS&G's attorney is working on agreements with the oil and gas companies and Public Service Company (Xcel Energy) that will address your concerns and PS&G's ability to mine close to their facilities. 36 . The operator does not plan to mine thru any easements. HS Resources has been contacted regarding their concerns and they have sent us information on their future drilling plans. Patina Oil & Gas was contacted by PS&G's attorney and discus- sions are taking place to address their concerns. Rule 6.4.19 Exhibit S - Permanent Man-Made Structures 37 . Attached is a letter from the Platteville Historical Society showing that their concerns were addressed. They will eventually be the custodial agency for the listed sites . Mr. Sharkey is working closely with them to improve the grounds around the monument and he has a good working relationship with the society. Attached is an excerpt from our Reclamation Plan Map showing the distance from the monument (site 5WL814) to the mining areas surrounding it. Note: PS&G will not mine closer than 222 feet from their monument envelope. site 5WL870 is not listed as a registered historical site. It is part of the old railroad bed that traverses the mine site from north to south. According to the Colorado Historical Society's (CHS) records it is a siding, bridge and possible depot site located near the river. Accordingly, they have no jurisdiction to forbid disturbing that area. However, Mr. Sharkey will work with them to preserve as much of the area as possible. For the record, I have enclosed an excerpt from our mining plan map showing the approximate location of site 5WL870, (Adequacy Exhibit 6 ) . Note that it lies mostly in area that will not be disturbed by mining. • ENVIRONMENT, INC. • • PAGE 11 MARCH 26, 2001 38. I concur with your analysis. It does appear that PS&G will need to leave an additional 75 foot slough area from what ever prescribed setback they need. I.e. if the setback is 25 feet the total would be 100 feet marked on the ground, if it is 50 feet then 125 feet would have to be left. To avoid a expen- sive drilling program, PS&G could use 60 feet at the depth to shale and not mine within 75 feet of the setback until they know the depth of the deposit. Then if it is shallower than 60 feet the limit would be reestablish and mining could move closer to the structure. It is still to PS&G's advantage to acquire an agreement that allows mining close that this limit, so if agreements are reached they will be submitted to the Division. In leu of a signed agreement, Platte Sand & Gravel LLC will commit to establishing the mining limits on the perimeter as mining advance thru a lake area. In each area, the formula used will be: SETBACK DISTANCE + 75 FEET = DISTANCE TO PROTECTED STRUCTURE Other Issues 39 . OSE - A TSSP and well permit to cover their requirements was applied for on March 1, 2001 . No mining will expose ground water until these permits are approved. COE - No 404 permit is needed at this time since we will not disturbed wetland areas in the two areas where mining will begin. In the future, PS&G will obtain the necessary permit if one is needed. CHS - Both sites have been located on the maps and PS&G is working with the Platteville Historical Society to protect them. 40. Thank you for the information. I believe the Division has addressed the concerns raised by the objectors, that are pertinent to the state application, in the adequacy review I have addressed with this response. Thank you for the informa- tion on the hearing sequence and requirements . March 8, 2000 Additional Comments Letter 1 . As stated in item 24 above, PS&G will only do limited dewatering to facilitate placing the dredge in each mining area. There after we will not dewater the excavation area. If, as I explained above, we incorporate dewatering later thru a revision DOW concerns will be addressed. I do not believe the Division or M.L.R.B. can require PS&G to enter into a monitoring program with any of the listed agencies. I feel that the Division has the expertise to administer and review any such program. ENVIRONMENT, INC. • • PAGE 12 MARCH 26, 2001 2 . Our attorney is working with the Division of Wildlife to address this issue and he is discussing the buffer distance with Mr. Lee Carlson of the US Fish and Wildlife Service (USFWS) regarding the eagle roost. I transferred the roost area to the mining plan map but have not placed a buffer line on the map because the distance has not been agreed upon at this time. USFWS is centering on requiring a one-eighth mile (0 . 125 ) buffer, subject to DOW concurrence, around the roost. When the buffer distance is set we will submit a map showing its location. I have enlarged a section of the Mining Plan map showing the roost area and create Adequacy Exhibit 7 for your use. PS&G is fully aware of their responsibilities regarding threatened and endangered species that may exist on the mine site. No mining will take place inside the buffer during the period Nov 1 to March 1 . 3 . PS&G will do a survey for Burrowing Owls on any area covered with prairie dog holes on the site prior to stripping the land. Be assured they have been aware of this requirement for some time and are committed to surveying for and protecting all possible endangered and threatened species that may exist on this site. Prior to disturbing prairie dog towns between March 1 and October 31 a borrowing owl study will be completed on the area to be disturbed. If owls are found in the study area no mining will take place until they have left for the season. LIST OF ATTACHMENTS TO THIS RESPONSE: Proof of Publication Adequacy Exhibit 4 -Well map Return receipt copies OSE Printout Exhibit C-1 Mining Plan Map (revised) FIRM map Adequacy Exhibit 1 - X- sections Adequacy Exhibit 5 -Wetlands map Adequacy Exhibit 2 - Plant layout Historical Letter and Map LRCWE well analysis Adequacy Exhibit 6 - Site 5WL870 Adequacy Exhibit 3 - Silt ponds Adequacy Exhibit 7 - Roost Map Inert fill affidavit I hope these responses have addressed the adequacy questions you had. I will place a copy of this packet with the Weld County Clerk of the Board as required. I you have any questions please call me. Sincerely, Environment, Inc k/87 - Stevan L. O'Brian President cc Weld County Clerk Platte Sand & Gravel LLC file enclosures • • Affidavit of Publication • STATE OF COLORADO ss. County of Weld; t, Jennifer Usher of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY DAILY TRIBUNE, and The Greeley Republican that the same is a daily newspaper of general circulation and printed and published in the City of Greeley. in said county and state; that the notice or advertisement,of which the annexed is a true copy, (weeks): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the, issue of the said NOTICE OF APPLICATION RUNG FOR A NEouce (172) newspaper bearing date the Sixth day of Janur RECLAMATION MATERIALS RECWATION R PUBLIC NOTICE A.D. 2001 and the last publication thereof: in the issue of said Platte Sand a�,J ue nas filed an application newspaper bearing date the Twenty-seventh day of January fora Reclamation Permit with the Colorado Mined Land Reclamation Act for the extraction of construction materials. A.D. 2001- that said The Greeley Daily Tribune and the Greeley The proposed nine is known as the S&H Mine and is located in parts of Sections 26,_34,and 35,T-4-N,R-67-W,and its - Republican,has been published continuously and uninterruptedly of Sec.2,T-3-N,R-67-W,6th Pdra:ipal Meridian,Veld Courtly, Colorado. during the period of at least six months next prior to the first issue The proposed date ofwrtvember 2001.The nt was 2001 and the proposed dale of the completion December thereof contained said notice or advertisement above referred to; proposed future use of the land is private recreation and that said newspaper has been admitted to the United States mails IVd�IXXee Additional information and the tentative decision as second-class matter under the provisions of the Act of March date may be obtained from he Mined Land Reclamation Division 1313 Sherman St. Suite 215,Denver,Co.80203 -. 3. 1879,or any amendments thereof;and that said newspaper is a Rata 7;6 or at the Weld County Clerk to the Roanfs daily newspaper ualified for publishing at the Weld County Clerk to the Boards duly qualified for ublishing legal notices and ice,91510ttr St.,3rd Moor.Greeley.Colorado 80631,a thee 9 P g above eNWkom advertisements within the meaning of the laws of the State of Comments must i be in writing and must be on received by 18 Division of Minerals arGeoktgy by 4:00 p.m. Colorado. on February 18,2001. Mat r--..rr o BQIa v�. M B6[Ltl January 6. 13.20.27.2001 ar - • - Pane sand a Cob A0 anuary 3 2 ,Greeley Deily T27` °001 Total Charges: $192.00 Advertising Clerk Subscribed and sworn to before me this 27th day of January A.D. 20(LI My Commission Expires 7-28-2004 C.e/-1/1„1_2_," 774(---/a--177 Notary Public SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ' ■ Complete items 1,2,and 3.Also complete A Received by(Please Print Clearly) B/Da%�Delivery O Z - •C 3 item 4'If Restricted Delivery is desired. "�/ sr M 0 73 M ; r Print your name and address on the reverse r / s 1 6 3 ,D.l C. Signal re m a • r m soAt that we can return the card to you. m -t fn --o .�-- r 0 CO el = O 4g n Z ■ Attach this card to the back of the mailpieca, X Add t m c O 3 m 7 a H. m a g 3 3 3 .RI or on the front if space permits. D. Is delivery add event from item 1? ❑Yes - o to m a No D d ~ --.W z CD W D _a-.o m iP • 1. 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If Michael & Lisa Decker CO m -o Co 11142 WCR 38 v it" { v o C � m Platteville, CO 80651 ti s'm 0 W en O 8 { m z -<>O.42 ° _ i y 3: g 3 a 3. Servic to Ii ❑Cen et, ail Ex I = m _ - ❑Regis? R eipt for Merchandise _ ❑Insured ❑C c Z 4. Restricted Delivery?(Extra Fee) ❑Yes m 2. Article Number(Copy from service label) . , ; ' 17 COO a'Ci�b cSoaa 't Lti S©64' r;, i PS Form 3811,July 1999 Domestic Return Receipt 102595.0011.0952 _. SENDER. COMPLETE THIS SECTION C•h/•LETE THIS sEC71.N •N•CtIVE•✓ ■ Complete Items 1,2,and 3.Also complete A. Received by(Please Print Clearly)- B. Date of Delivery mtirtity item 4 if Restricted Delivery is desired. 1 9 JAN 20 1 •n mom xi D ■ Print your name and address on the reverse 'i 3 ...I C so that we can return the card to you C. Slgnatu - I m rn -i ,.v .. ro _ - -. _ - ■ ■ 'tn I p 'r I 1 a Ag't 40 N 0 a ft1 t7 I"' '.C • Attach this card to the back of the mail piece, v -i� a Co °Z up x o 13.7,:o' Z or on the front if space permits. X _A �� • e A n , y o n C .o .W m 8 rmi e•3 3 3 m D. Is delivery address di terent from item 1? Q yes + „m,I v 'al 2 3 m al a) > '.°4'6 >v 1. Article Addressed to: If YES,enter delivery address below: ❑No c O 0 a -- -E I•i tom mnf ≤ . 22 .r 3 • hi O a 3"^—m = m9 7.: • A 2ea � 1 o c 4 32 3 z3 Public Service Company m o 0 o p w 3 a m ° of Colorado m n a - £ m ° _o 1225 17th Street H z°o < Plato coo m O. vvmn<� Denver, CO 80202 service rype - • a m m 5. y '`:$.Cenfed Man ❑ Express Mal m 2 a G 7 -•o_a._.v k y Q Registered - Q Return Receipt for Merchandise y p rr"r • u r o S 0 g n „" � .. ❑Insured Ma* Q E.O.D. m _ - ri O s o.m—a • 3, - 4. Restricted Delivery?(Extra Fee) ❑Yes Ito W m 1.3 o 2. Article Number(Copy front service label) r o - m i ar m - { it tttlt turnip, W909 0i2Q1'Qm2214R115 0650 I P$ 3811;�, 1 9 Return Receipt 102595.004-0952.; s -"- ; fry f uiyi i!i i f iDaPe5k P T. �; �R .�` " ` "`:- - I III 1 1 hilt i i" 1 WI II iI if c 3 a . CA P 'X n ' ? 2 .E w i in SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY = _ _ $ $ $ - y ID Complete items 1,2,and 3.Also complete A. Received by(P ease Rant Clealy) B. Date of Delivery g m t %i- a - Rem 4 if Restricted Delivery is desired. - g _- a .� ,� li • aPrint your name and address on the reverse Sk f a g - so that we can return the card to you. C. - . C� ❑ 00 „ 17... . ■ Attach this card to the back of the mailpiece, x �)'. - - D A•,,;:. n RE a z or on the front if space permits. - , - " •dresses O a .3 n • D. Is tleliv_ >+�,,: ? ❑Yes • p S' 4 SA 4-,- i 1. Article Addressed to: ryxi ,a gIf YE', - delivp%p.. =p below: ❑No p A 3 �� T I "C. d Iy mil.f A N m Eddy Oil Company 9 C° 1432 S. Lancing St. 2001 T m 2 -Coy, p a_ ,_ Aurora, CO 80012 a 8 aW 3 o w a m 'Cv ': i u r m 3. Service Ty•- l CA i a�,Certifietl Mail ❑Express Mall S - - • - - ❑ Registered ❑Return Receipt for Merchandise I 2 _ ❑ Insured Mail CI C.O.D. I 3 4. Restricted Delivery?(Extra Fee) ❑yes I m 2. 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Article Addressed to: If YES,enter delivery address below: 0 No C O ? a Co 3 a mg.:m a 8 n < • w a7, odwgf • = _ erg. -.� a H. n g l'a! m f Stanley & Mary Odenbaugh m i °° C) _.� I—, XI 0 90�� $ m 11100 WCR 38 mn A ^o 3. m b.> m o-.a r j Platteville, CO 80651 c a_ y y0 AD m y ra a m. n 2 3. Service Type _ OA N 3 x 4, w`z • xCertified Mail ❑ Express Mal m d 0 — 0 Wa m • 0 Registered 0 Return Receipt for Merchandise y n S o (D • s o o _ - ❑ Insured Mall O'C.O.D. m o O1 M m 4. z . 4. Restricted Delivery?(Extra Fee) ❑yes v+ w • g J ~ et v 2. Arcle Number(Cop.Irom service labs i .. at m m 1f D ti U tike tk1ikkkkkii t 1tiIOgi O1t;2a1ttiU122�1�911$tl®1�3'�i _9 ea form 3814.July;999 I ii ' I f Domestic Retum Receipt 102595.0o-M0952 ro O - iiiii If if if t f f ii i II I :150 o3 0 Elleg r• s p 4 c s u V ,.: B Z y SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY N7 a i m $ o a - --4i NJ • ? K ® i , N • Complete items 1,2,and 3.Also complete A Received by(Please Print Clearly) 8. 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County Commissioners m D D. co mrtk � e� aov m 915 10th St. , 3rd floor � o fa to a o 0 ° 5'21E%; Greeley, CO 80631 3. Service Type N ° - n ° m y Certified Mail ❑Express Mail m m M O —o m m a rn - ❑ Registered ❑Return Receipt for Merchandise An n 0 P 3 g a w ❑ Insured Mail ❑C.O.D. - m 5'o' 0 m o m e : 4. Restricted Delivery?(Sara Fee) ❑yes �-c �a3 Z 2. Article Number(Copy from service IabeQ I r 'g . . g a ! i (fl i lie 1111 117000 0i52i0I 004g2)i4g1.1 o��ii1 1 - li ' PS font 3811i ilu&-1999 I i I! Dor'Gestib Return Receipt 102595-OO-M-0952 _9 Ili 1 I li ii I I 1 Hi 1 i i I . a or O X o P —_- F. m ^• w _m 2 a' g. � � z. ma SENaE': CaM'LETE THIS SECTION C•M'LETE THIS SF_CTI•N rN •EL/VERY a . <O a CD m - cn z. '_. a i N �' _ • Complete items 1,2,and 3.Also complete A. Received by-1 9p p Please Pr/MC/early) B. 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Article Number(Copy from service label). 7000 0520 0022 4915 0682 PS.Form 3811,.July 1999 Domestic Return Receipt 102595.00-M-0952 • PLATTE SAND & GRAVLC. * S & H MINE PERMIT# M-2000-1S8 NOTICE TO ADJOINING LANDOWNERS ET.AL. CERTIFIED RETURN RECEIPTS March 19,2001 SENDER: COMPLETE THIS SECTION COMP!.ETE TIPS SECTION ON DELIVERY • Complete Items 1,2,and 3.AkettiMPfete"i₹r` A TibeslVad If9 a PrintCleeny) 8. Date of Davey item 4 if Restricted Delivery Is desired. 1,-f /- is'./ ■ Print your name and address on the reverse C. Signature.. so that we can return the card to you. • Attach this card to the back of the mailpiece �1r/'I l7 Aunt , or on the front if space permits. X , 1 h„...._ ..— ' Addressee D. Is delivery address item 1? 0 Yes I. Article Addressed to: '.if YES,enter delivery address below O No v:::, Patina Oil & Gas Corp. 1325 Broadway Suite 2000," Denver, CO 80202 . a. Service type Certified Mail ❑ Express Mall , 0 Registered 0 Return Receipt for Merchandise Cl insured Mall O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes ' 2. Article Number(C y iron Service label) lii`-i it 11 iii! 41 1�t �t 4S13N ;W►�W� 114hY,1W1�8i441t11 '' ill,Fott 'rplt$l 1II i,IJ 1J11t19i. 1 ii_ fi i°e9tryie mReceipt 102595-00-M-0952 II auk WO A OfrAvEt. LLC CERTIFIED MAIL � P.O.BOX 180 LIMETON,CO 80160 go ; i n.s. ~ nnv� SIN 0 ..r ..�' . . IJII1IJ 35 0614 ' rim ;; ?1 ' s; l.Enre tii Y - . ` ., _ ti .-,, . Y ;At N*1 DUUI'M., r dNd Wrrliabybaddresaed C btoForam . (10 is Ineumbfeal Address 1St NOTICE 3 9 Moved.Lea Na WO NOTICE ,— t, Je u R "r .. -n I 11283 WC13 40% i; u No Merl nm„ liye- `. PI*ttevillo, to 10651 RETURN RECEIPT 11 eo I Aixires, M€. V Pella, +r-. I.. REQUESTED U Peerage fru, : (ILLri >�11IIuILrtJ1Ll,'sldlrrlLnll IILdJlrrrlr,616 PLATTE SAND & GRAV•LC. • S & H MINE PERMIT# M-2000-159 NOTICE TO ADJOINING LANDOWNERS ET.AL. CERTIFIED RETURN RECEIPTS March 19,2001 /PLATTE SAND& GRAVEL LLC lafigialgthiablalibila P.O. BOX 180 iz.tt L177LEP0N, CO 10110 I Ls I 1IIIIIIIIIiIIF {gyp Fr BRVD' IJAN 800' ! t�. '` ro rwfd,U AMP srwasrnr+o r I 7000 082d tititt lL 611ns ; 920+ $0 I ft1 Ill Itp ' . Ii..' 4r to.. 1 M1.,_ r 90921 000 OSS ''Ai NA: ; Irt�l itil1ll 4l ,• d _.....__.. . ._ - 54 •r so nu -7-N81...... , nottcr Iysti ,. Mn rol>tisha►Irey• _ ` 1�Z� 1 t 2 —2 0 I f 118430 Copperfield Dr. 1'3 I + ? I Cblbredo Spring*, Cd 80921 I RETURN RECEIPT REQUESTED r �••.hM..s. . . ,ltleremvac Ica': « CERTIFIED T9AlL P.O.littik1l11° uttLEIGIV,COIm*o . u.s. P PAZ ARVADJANIpAp "d niin ; ! 1 r 82P 1 A$ 9264 1 HR$T LLt1ERr't U7.•'' a' vi 01 IRS: NAME Cm— `.; u a DeA•erebk As Addteeeed ' ..t.�. ..._ «._' UneWaTo Farwaro --•17CE .,.e .2 7 X01 .... b 9tsor er d96e! " '10110E ��.�...— lYi11111lE a�.w (—Mid & Jill Kline � ` I . *e wtfliMlEr A K,„,;m I WO VvcR 23 ❑to , •,N„ml,,,, ,I�letteVllle, CO 80881 U nCnf iY it r'..i.. 4 x.;. RETURN RECEIPT IIrin*Mar " tt 1 U Rer 16Ss;rl t end,, i:(I REQUESTED U h.',, f r Addew U PoetagrOu& 1 gre �y� pa --_ _ o+6 � - . sottA Ik i'I ,�IllgillLhlltIlltdllnh1111Jadillenh1h1 0,ATTE SAND & GRAVEL •C ADEQUACY EXHIBIT > CROSS SECTIONS LEGEND SAND FLATS LAKE -- - - / / / AFFECTED LANDS / PERMIT AF } --- // / ///. / FLOODPLAIN LINE --- L // / �/ / ) / / AREA BOUNDARY / / _ ��/���'� - - ROADS (Sky' L�" / ---- POWER / COMMUNICATIONS LINT �' >, x x x FENCE Lu .1W .3 E cBURRIED GASLINE P RTI•LLY MINT I - - DITCH Ni III BUILDINGS �L'(77, ( Ilf �11 4 'C. P #t OIL / GAS WELL 7 . s• OIL FIELD TANKS & FACILITIES-c II � j I \\\ \ // //� MINEDAREASI. \c ��ePiflik IIIST�'�4 Po I �7o 0Tc�Y } o HIGHLANDS LAKE cp W wFo ST!/a4 f+C4y4T/p ACP4TTOP<i4,, O,6E °net O, \ \//\//\//\//\//\//\//\//\///\// \//////////////N\///\\ PRE—MINING p<PT lb elk OP 04, /O B toI 4frfsi.0o • s<H<4i p T L40 4 tit Pl. W 4"p gyp` E 4,). so�T TERACE DEPOSIT REMOVED H s Gp4Hp 4,0t. 4,4 041/4. pp<44,p p </ P41/2, \ \ /\/\/\/ /\\/ \/ \/ \ \ / // // // // // // // /*A. PRE—MINING 4, 0, p400.6, *e % AZo7s <,4jT <O Hp Sp<, p<<yoT 4* S \ \ o,�, \ 'N--- N MAR 26. 2001 — 13:32:16 TERACE DEPOSIT REMOVED • PATTE SAND & GRAVEL LLC ADEQUACY EXHIBIT 2 TYPICAL PLANT SITE LAYOUT SHARKEY'S LAKE - �� i \ \ 10 t I / �= - _III II I I ■ PRIMARY POND SECONDARY POND ' I ' I I DREDGE PIVOT POINT II II I I I - PROCESSING PLANT SITE STOCKPILE AREA II °o zi flc �� i h.it it•�1.,� V` GRETEljbgN T RET ONCE ANT \\ 748. � ASTINv //I � -- _ _ III II NOTES: 1 P/ant layout shown on this plat may change as setup begins. 2 Locations will depend on the size of the equipment associated with each p/ant. S This plat is intended to show the typical layout of the processing plants to be located in the plant site. 4 Settling pond location may change once final plant site configuration is complete. 5 Dredge pivot point is show in its approximate location. MAR 26, 2001 - 17:07:14 • P•TTE SAND & GRAVEL LLC ADEQUACY EXHIBIT 3 TYPICAL SILT POND DESIGN TO FXCAVAI1ON AREA A FROM PLANT PRIMARY POND StCONI7AkY POND 400ft. 70 ft. HEII III 1 1 1 III III III III III III IIIM III III III III III III III III III III III IIIM- III 20ft. Notes: I Ponds will have l:l slopes 2 Pads will be cleaned as necessary 3 Pad dimensions and shapes may vary frail those sham ai this plat due to construction method and location araard plat site, 4 Water will be taken from a fresh water paid, cycled thru the plat, thru the setting pocks and returned to the eacavatwn area, 5 No water will be discharged fran the pads into waters of Colorado unless it is covered by an NPP5 permit, 6 Ponds will be long and narrow to facilitate deaNtg. MAR 26, 2001 - 17:08:30 • • GREGG TEN EYCK *i LESLIE BOTHAM JON FORD LEONARD RICE CONSULTING WATER ENGINEERS, INC. A.J. ZAErnA, JR. GREG ROUSH 2000 CLAY STREET, SUITE 300, DENVER, COLORADO 8021 1-51 19 KEVIN O'CONNELL (303) 455-9589 ♦ FAX (303) 455-0115 ERIN WILSON March 23, 2001 Mr. Tom Sharkey 15430 Copperfield Drive Colorado Springs, CO 80921 Dear Tom: Enclosed is a memorandum discussing our evaluation of potential impacts to nearby wells in terms of lowered water levels resulting from the of dewatering of 1-acre pit sites for dredge construction. Please call me or Dennis McGrane and we can discuss any questions you may have. Very truly yours, LEONARD RICE CONSULTING WATER ENGINEERS,INC. Greg Rrdush, P. E. Principal GR/gle 1057SDR01 cc: Steve O'Brian D:\Documents\1057sdr01\Mar23GR.wpd WATER RIGHTS f GROUND WATER f CIVIL DESIGN ♦ PROJECT MANAGEMENT ®I WATER RESOURCES PLANNING ♦ WATER QUALITY ♦ REGULATORY COMPLIANCE OO® CELEBRATING 30 YEARS OF SERVICE 1970-2000 ACEC MEMORANDUM TO: Greg Roush -Leonard Rice Consulting Water Engineers,Inc. (LRCWE) File: 1057SDR01 FROM: Dennis McGrane (LRCWE) DATE: March 23, 2001 RE: Potential Ground Water Resource Impacts Associated with Starter Pit Dewatering BACKGROUND Tom Sharkey requested that we evaluate the potential impacts to nearby well owners associated with digging a starter pit for a wet mine dredge at the S&II mine site near Gilcrest, Colorado. Our analysis is based on the following scenario. A one-acre starter pit will be excavated below the water table to a depth of around 25 feet (assumed 15 feet below the water table). It could take around 1 year to excavate the pit depending on the gravel sales of the volume excavated. During this time, water entering the pit will be removed by pumping from the low points where water accumulates. Once the pit has been mined to an adequate size, a dredge would be constructed in the pit. Dewatering would then cease, and the water levels would be allowed to recover. Dredge mining operations would begin from that point in time. We were asked to estimate potential effects of this scenario on ground water levels and wells located outside the mine property. METHOD There are several engineering equations that can be used to help solve this problem. In this case, we believe that the Theis Nonequilibrium Equation is the most applicable because: • Time/drawdown relationships can be determined; and • Radial flow conditions (converging flow to a dewatering well or small pit) exist. The Modified Theis Nonequilibrium Equation is a simplified evaluation of the Theis integral that takes the form: s=264Q/T * log [(.3Tt')/(r^2*S)] LEONARD RICE CONSULTING WATER ENGINEERS, INC. 2000 CLAY STREET.SUITE 300.DENVER.COLORADO 80211-5119•PHONE(303) 455-9589 •FAx (303) 455-0115 Memorandum to Greg Rote • March 23, 2001 Page 2 We defined these variables as follows: s =pit drawdown(ft) Q = pit dewatering rate (gpm) T=aquifer transmissivity (gpd/ft) t =time(days) r=distance from the pit center (ft) S =aquifer specific yield The equation can be used to conservatively estimate aquifer drawdowns at distances(r) away from the pit for specific times (t) using representative aquifer properties (T and S). AQUIFER PROPERTIES The S&H mine pit site is situated immediately east of the confluence of the South Platte River and St Vrain Creek. The aquifer consists of high permeability sand and gravel deposits. The aquifer is approximately 5 miles wide in the area and the proposed mine is approximately' of a mile wide (East-West) and located in the western half of the aquifer. Several canals divert water from the South Platte and provide irrigation water to farms within the floodplain. Mostly agricultural wells penetrate the aquifer but some domestic, stock, and commercial wells are present. The USGS (Hun, 1972) characterized the aquifer beneath the site (Open File Report 73-124). The report contains maps of well locations, bedrock elevations, water table elevation, and aquifer transmissivity and saturated thickness. Aquifer transmissivity in the areas of the proposed mine range from 50,000 to 200,000 gpd/ft and the saturated thickness ranges from 20 to 65 feet. Based on our pumping test and computer modeling experience in the area, we believe the aquifer specific yield is around 20 percent. CONCEPTUALIZATION We used the Modified Theis Equation to predict drawdowns caused by a theoretical well located at pit center for 365 days of continuous pumping. Figure 1 shows a conceptualized cross-section of the pit with a hypothetical dewatering well at its center. The well is assumed to begin pumping at the commencement of mining and continues for one year. The target drawdown at the edge of the pit (r= 118 feet) is 13 feet. This allows a 2-foot thick seepage face for water to enter the pit. The dewatering rate (Q) was solved for when drawdown at the edge of the pit (r= 118 feet) was 13 feet. SLEONARD RICE CONSULTING WATER ENGINEERS, INC. 2000 CLAY STREET.SUITE 300.DENVER.COLORADO 80211-5119 •PHONE(303) 455-9589 •FAX(303)455-0115 Memorandum to Greg Rot. 0 March 23, 2001 Page 3 MAX. THEOR. WATER LEVEL DECLINES from Starter Pit Dewatering 0 Top of 10 PreposedPit-- _ y el 10 Predeveropment Water T. . 3 s - - FLYlzathetirai Weil:^0 20 \ = / ' -10 S — c CL - — Sand'and _ 0 ID 0 30 --Gravel ' -20 El Aquifer--- o 40 _ -30 —Pumping Time_365-days 50 , rr, ,fill ,r ,-1-.- 1 -I-rr1-r ri-,rri-,r:-rrr-rrci-Crr- -40 -2000.1800.1600.1400.1200-1000-800-600 -400-200 200 400 600 800 1000 1200 1400 1600 1800 2000 Distance from Pit Center (ft) Transmissivity (gpd/ft) -_.__. 50,000 100,000 t 200,000 Figure 1 RESULTS Figure 1 shows three theoretical drawdown curves for the range of aquifer transmissivities across the site. The shape of the water table is parabolic with greater drawdown away from the pit for higher aquifer transmissivities. Tables 1 - 3 shows the theoretical drawdowns for an aquifer transmissivity of 50,000 gpd/ft, 100,000 gpd/ft, and 200,000 gpd/ft respectively. The greatest potential impact shown in Table 3 is 5 feet of drawdown approximately 2000 feet away. We propose that the operator use the appropriate table for the aquifer transmissivity (using Hurr's Transmissivity Map) beneath the proposed pit location to estimate the theoretical impacts of starter pits. Each table shows the maximum theoretical drawdown and the expected drawdown. The expected drawdown is 50% less than the theoretical and is based on our estimate of the effects of mitigating factors discussed below. Starter pits are best located at least 2000 feet away from existing wells in areas of lower aquifer transmissivity. SLEONARD RICE CONSULTING WATER ENGINEERS, INC. 2000 CLAY STREET.SUITE 300•DENVER.COLORADO 80211-5119 •PHONE(303) 455-9589•FAx(303) 455-01 15 Memorandum to Greg Roush March 23, 2001 • Page 4 Table 1 - Maximum 365 Day Drawdow ill— Transmistvity(gpd/0)= 50000 gpd/ft Theoretical Pumping Rate(gpm)= 750 Specific Yield= 0.2 Eslmated Pit Dewatering(ft)= 15 Maximum Drawdown at Distance"r"from Pit Center Distance Maximum Maximum from Pit Theoretical Expected Center(ft) Drawdown(fl) Drawdown(ft) Theoretical Pit Center= 1 31 15 Edge of Pit= 118 13 7 300 10 5 500 8 4 700 7 3 900 6 3 1100 5 3 1300 5 2 1500 4 2 1700 4 2 1900 3 2 2000 3 2 Table 2 -Maximum 365 Day Drawdown Transmissvity(gpd/ft)= 100000 Theoretical Pumping Rate(gpm)= 1375 Specific Yield= 02 Eslmated Pit Dewatering(ft)= 15 Maximum Drawdown at Distance'r'from Pit Center istance Maximum petted from Pit Theoretical Drawdown Center(ft) Drawdown ft) (ft) Theoretical Pit Center= 1 29 15 Edge of Pit= 116 13 7 300 10 5 500 8 4 700 7 4 900 7 3 1100 6 3 1300 5 3 1500 5 3 1700 5 2 1900 4 2 2000 4 2 Table 3- Maximum 365 Day Drawdown Transmissvity(gpd/ft)= 200000 gpd/ft Theoretical Pumping Rate(gpm)= 2500 Specific Yield= 0.2 Estmated Pit Dewatering(ft)= 15 Maximum Drawdown at Distance'r"from Pit Center Distance Maximum Maximum from Pit Theoretical Expected Center(ft) Drawdown(ft) Drawdown() . Theoretical Pit Center= 1 27 14 Edge of Pit= 118 13 6 300 10 5 500 9 4 700 8 4 900 7 4 1100 6 3 • 1300 6 3 1t-', , 1500 6 3 1700 5 3 1900 5 2 2000 5 _ 2 LEONARD RICE CONSULTING WATER ENGINEERS, INC. _ _ 1111 Memorandum to Greg Roll March 23,2001 Page 5 MITIGATING FACTORS As shown on Tables 1-3, we expect the actual drawdown to be around half that calculated using the Modified Theis Equation. This subjective determination is based on the way we applied the equation, and the mitigating effects of aquifer recharge and subflow. Conservative Assumptions We believe the Modified Theis Equation applied in the manner discussed overestimates drawdown for the following reasons: • The actual dewatering time would be considerably less (approximately 3 months) due to the fact that dewatering would not actually begin until after the upper 10 feet of unsaturated material was mined away; We therefore expect the actual dewatering time to be less than one year. • The actual maximum drawdown in the pit would equal the pit depth (which would progressively deepen) instead of a water level far beneath the pit bottom in the theoretical well pumping at a constant rate. We therefore expect actual dewatering rates to be below that shown in Tables 1 —3. Aquifer Recharge and Subflow The Modified Theis Equation assumes a flat aquifer with no recharge sources. In reality, a drawdown cone will extend only as far as it takes to intercept recharge that equals the pumping rate. At that point in time,the drawdown cone will stabilize. Recharge sources that are expected to maintain water levels include precipitation, agricultural recharge, and surface water recharge including rivers and canals. The S&H Mine site is surrounded by river and canal recharge sources. We made preliminary maximum recharge estimates for these sources to compare against the estimated pit dewatering rates. Stream Recharge St. Vrain Creek and the South Platte River are within 1000 feet from the proposed pit site. The amount of stream recharge from these sources is a function of the gradient between the river and the aquifer, the permeability of the river bottom, and the aquifer transmissivity. We estimated the maximum amount of stream recharge from only the South Platte River based on the following assumptions: river length within 1000 feet of the entire proposed pit area is approximately 4 miles; average river width approximately 20 feet, average aquifer transmissivity (117,000 gpd/ft); average aquifer thickness (37 feet); a vertical gradient between the stream and aquifer; and a vertical permeability 100 times less than the horizontal (Kh/Kv = 100). Under these assumptions, the maximum amount of potential stream recharge is around 8,700 gpm. This LEONARD RICE CONSULTING WATER ENGINEERS, INC. 2000 CLAY STREET.SUITE 300.DENVER.COLORADO 80211-5119•PHONE (303) 455-9589•FAX (303) 455-0115 Memorandum to Greg Roll • March 23, 2001 Page 6 recharge amount is more than triple the maximum theoretical dewatering rate (2500 gpm, Table 3) and would significantly limit aquifer dewatering. Canal Recharge Leakance from the Western Mutual Ditch and Farmers Independent Ditch will also maintain water levels. The Western Mutual Ditch flows along the eastern border within 600 feet of the proposed pit. Using similar aquifer properties described above, a canal length of around 2.5 miles, an average canal width of 5 feet and a 6-month wetting period, we can expect an average of around 700 gpm of leakage to the aquifer. This recharge amount is approximately 28% of the maximum theoretical dewatering rate(2500 gpm, Table 3) and would reduce aquifer dewatering. Aquifer Subflow Aquifer subflow is water flowing through the aquifer in response to the natural aquifer gradient. Hun's water table map shows subflow moving from south to north at an average gradient of around 0.003. Using Darcy's Law (Q = KIA) where: Q = Aquifer Subflow (gpm); I = Average ground water gradient (.003); and A = aquifer cross-sectional area (1.2 million square feet), we calculate approximately 5,300 gpm moving through the aquifer from up gradient. This is more than double the maximum theoretical dewatering rate (2500 gpm, Table 3) and would significantly limit aquifer dewatering. We conclude that the maximum dewatering rate (2,500 gpm, Table 3) is only 17 percent of the amount of potential recharge to the area. Therefore the drawdown cone will likely be significantly contained and minimal impacts to other users will likely occur. IMPACT The Colorado Division of Water Resources requires that all new wells be located 600 feet from existing wells. One purpose of the 600-foot rule is to prevent the drawdown caused by one well to adversely affect the performance of the other. Tables 2 and3 show that pit dewatering could cause water levels to decline up to 8 feet at a distance of around 600 feet from the starter pit. Based on mitigating factors discussed above, we believe the actual drawdown would likely be less than half that amount(4 feet). We realize that a decline in the aquifer saturated thickness could cause a proportional drop in the maximum well yield for an existing pump system well. Assuming an average saturated thickness of 50 feet in areas where agricultural wells are present, and an expected water level decline of 4 feet (Table 3), we can expect a drop in the maximum well yield of less than 10 % for wells located within 600 feet of the proposed starter pit. In our opinion, this reduction in the maximum well yield would not be noticeable for most well users and could easily be mitigated by extending the pumping time. SLEONARD RICE CONSULTING WATER ENGINEERS, INC. 2000 CLAY STREET.SUITE 300.DENVER,COLORADO 80211-5119 •PHONE(303) 455-9589 • FAX(303) 455-01 15 Memorandum to Greg Roil • March 23, 2001 Page 7 ADDITIONAL WAYS TO MINIMIZE IMPACTS We have identified the following additional ways to minimize the effects of the proposed mining activities on existing wells: • Begin pit mining in early summer. Aquifer dewatering would likely not occur until after the irrigation season and would be complete before the following summer. In this way, the greatest impacts would occur in the late winter and spring when ground water demands are lowest. • Begin mining as far away from existing irrigation wells as possible; as close to the Platte River as Possible and in areas of reduced aquifer transmissivity (See Hurr's Map). CONCLUSIONS AND RECOMMENDATIONS Starter pit dewatering will cause water level declines off-site for a short period of time. We calculated the maximum amount of that drop to be around 5 feet 2000 feet from a starter pit site located above the most permeable portion of the aquifer (Table 3). We believe that the mitigating effects of aquifer subflow and recharge will reduce these effects by around 50 percent. If this occurs,the impacts to nearby well users will likely be insignificant. To further minimize impact to other ground water users, we recommend that S&H Mine: • Begin pit mining in early summer so that aquifer dewatering is complete prior to the next irrigation season; and • Begin mining as far away from existing irrigation wells as possible; as close to the Platte River as possible and in areas of reduced aquifer transmissivity (See Hurr's Map). SOURCES Driscoll,Fletcher, 1986. Ground Water and Wells; Johnson Division, St. Paul, Mn. 55112 Hurr, Theodore, 1972. Hydrogeologic Characteristics of the Valley-Fill Aquifer in the Greeley Reach of the South Platte River Valley, Colorado; USGS Open File Report 73-124. McWhorter, David B. and Sunada, Danial K., 1977. Ground Water Hydrology and Hydraulics; Water Resources Publications, Ft. Collins, Colorado. LEONARD RICE CONSULTING WATER ENGINEERS, INC. 2000 CLAY STREET,SUITE 300.DENVER,COLORADO 80211-5119•PHONE(303) 455-9589•FAX (303) 455-0115 PL TE SAND & GRAVEL LLC - SALINE INERT FILL NOTICE (RULE 3.1.5(9)) From time to time over the life of the mine we may import inert materials into this mining operation, as defined in Rule 1 .1 (20) . It will be used to partially construct the slopes from the existing ground level into the mine floor. This fill will then be covered with finer material and revegetated where re- quired by the current permit. If the material is good dirt we will use it to supplement the topsoil needs for the above water slope. Where there is little soil on the site any imported dirt will only increase the chances of revegetation being successful. Additional material that can be used as fish habitat and bank armoring may also be used below the water line. The reclamation plan approved will not be changed and we will continue to do reclamation concurrent with mining. The fill, IF AVAILABLE, will be used to create the slopes, but sloping will not be delayed if it is not. The exact amount of material to be imported is unknown. We will report the volume imported each year in the annual report and keep a running total so the Division will know how much and where it has been placed. We estimate approximately 10% of the material to do the sloping will be imported if the material is available. Importing fill will begin upon notice by the Division that this notice is acceptable and our reclamation permit has been approved. We will continue to import inert fill until reclama- tion is complete or we no longer have a source. Since the approved plan is to turn this into a private lake with 3 : 1 slopes around the perimeter, the importation of, fill material will allow us to maximize the material being removed and still complete reclamation as approved. The material used in the slopes will not be exposed, unless it is fish habitat or bank armoring. The dirt imported will enhance reclamation success, because of the lack of topsoil on the site. No specific compaction rates are proposed for the fill. The material usually available contains smaller pieces of concrete, or dirt mixed with the larger pieces of the same material. This makes it very difficult to achieve a specific compaction rate. In most cases, the larger materials can be laid on end and filled around or placed on a flat place and filled around. While we take no action to reach a specific compaction rate, the way the material is placed tends to compact it. We run heavy equipment over the filled area during the filling process and the material is compacted as a result. Stabilization of this fill material is not a concern because of the limited amount used in the slopes and the way it is placed. What voids do remain are usually under large pieces of material and little settling is possible. No structures will be built on the fill, nor will the depth of the fill be so great as to affect offsite lands if settling occurred. State of Colorado ) ss. AFFIDAVIT County of Jefferson ) Thomas Sharkey as President of Platte Sand & Gravel LLC, being first duly sworn, deposes and says that the material to be imported into the mining operation known as the Platte Sand & Gravel LLC - S&H Mine is inert material as defined in Mined Land Reclamation Board rule 1 . 1 (20 ) listed below. At no time will material that does not meet this definition be used as fill on this site. M.L.R.B. Rule 1 . 1 (20 ) "Inert Material" means non-watersoluble and non- putrescible solids together with such minor amounts and types of materials, unless such materials are acid or toxic producing, as will not significantly affect the inert nature of such solids . Terms included, but not limited to, earth, sand, gravel, rock, concrete which has been in a hardened state for at least sixty days, masonry, asphalt paving fragments and other inert solids . i �Z� By: T ma Shark Subscribed and sworn before this a2 320 l — day of A44-a•c.K- , 2001 , by Thomas Sharkey as President of Platte Sand & Gravel LLC . y '*OTA9p --- ecei??. . seal i Notary Public c%\(FBL'C . "Its. �/ ti., My Commission expires /6-OC/ a Q- 'tea/ F°P COV PLATTE SAND A ADEQUACY E WELLS WITHIN _./ i ---)k /I' X11 II II 0 330 660 1320 h Ini _� 14050R (ShnrV y)- 5C Jj: r. u; .....,-�-J =::1777- I / - ,t\ �S Y '-e / t.„„..16 fr X 1 i '/ ? L f .. %M 1�' , 1 / b 1 -. ---- f �� 1/ 44472F) Sharkey5 43'- A ,1 I ,' PI ` • 1 ` v 4g Y II ..., ..\__ 4"�� 217218 (Sharkey)- 4S'^ ➢ t� �f i 11 \ " 140.46R (Sherke--- - A - I ii , li iii f II II , 11 1t II 1 1 •; ‘I. 1 6 , 1 PERMIT/AFFECTED LANDS ';� 1404$R (S ey) A — — QTR SECTION LINE , -- 600 FOOT LINE S '\ SECTION LINE •_Yi - t--- --- 1 ---. ROAD -4 II 4_,..„,, � `_� DITCH ,rl/ `IK I 20743 1 ➢ePratt)- 6 S-OWNER-DEPTH f H-USE ---- i, WATER WELL KNOWN LOCATION OWNER-0E PTH-USE WATER WELL APPROX. LOCATION 6k1 '. \, •P1RR. 19.2001 11:01RM LEONARD • RICE ENGRS 110.457 P.S EPOPT DATE COLORADO WELLS,APPLICATIONS,AND PERMITS PAGE u4 Fab 2012:1100 CST 2001 COLORADO DIVISION OF WATER RESOUCES 'ERMIT D CTY OWNER INFORMATION ACTNHY STATUS 1ST USED ANN AREA GEOL WELL WELL W78 SEC LOC MN P CO Jy1,TF en DATE 15(jy1D DR 11SF DATE ACE IRR ADFR YIELD n TH IFV MORD MRS RFC SHP PNR M,7553 1 WEL HILDENBRANDTPLMRS 183619TH AVE GREELEY,CO 90631 J A L7-1A-1953 0 0 GW 1400 49 22 00 SFSW 9.•7q">•yK2.*''"R , `I I0747R 1 WEL PTASNIK MICHAEL)S JOYW 49156 VINE ST ENGLEWOOD.CO$0110 NP 01-30-1464 DG 08-M-1848 2 1 0541-1401 0 0 GW 4700 co 56 JO 700S 0 SFSW 25 414 57W 4, 107468 1 WEL PTASNIK MICHAEL)S JOY W 45155 VINE ST ENGLEWOOD,CO 90110 ryp 0340-1•150 OC OA-01-1990 2. 1 RS-9L-t442 0 0 _ W IM00n $3 X0 00 SFSW 25 IN _57W 4 X 205693 1 WEL BOOS DON 19113 WCR 25 PLATTEVILLE,CO 00651 NP 03-0'-1999 2 0 1 0 0 GW 1500 51 93 12005 1 O8 SPSE 25 411 97W S 14529R I WEL BOOS DONALD C...BARBARA 8405 LW?66 LONGMONT,CO 60504 NP 05-26-13ER on 07.27_1997 2 A 1140.1933 0___0 OW 115400 80 25 SOS 3OF SERF 25 4N 57W F 145408 1 WEL PTASNIK MICHAEL J S JOY W 4615 S VINE ST ENGLEw00D,CO 60110 NP 0444-1960 GC 05-01.1915 2 1 06-1(1-1940 A 0 Ow 79500 55_ 16 174752475E NWSF 25 41,1 57W S, 0 I WEL WN15LER GREGORY 5&ANDREA A 19275WCR 25PLATTEVILLE,C000551 AP 02-174999 AU 01-02-1999 2 1I9 0 0 OW 0 0 0 14255140E NFSF 25 4N fi7W S 22306FR 1 WEL PTASNIK MICHAEL J S JOY W 4615 6 VINE ST ENGLEY4DOD,CO 00110 NP 0G 09-01-1990 2 1 0$-9.5-1972 4A(1000 Ow_ 000 on EO 0 1x44420' NF SF 25 515_....67W S 21265 1 WEL BRIER JOHN H 11399 COR04012 PLATTEVILLE,CO 60051 7 5 09-10-1P54 A A OW 1400 35 29 00 SFFM! 25 4H 57W 6 140465 I WEL THOMPSON CHARLES A b SABRA G 122255 CO HWY 62 FT LIPTON,CO 60021 2 1 6 0 0 JIW 740 W 60 2n 00 $FNW 25 4N 57W S 14040R I WEL GARCIA ARTHUR P 13995 WC RD 370 MILLIKEN,CO 90543 RC 10-25-19513 7 1 11-30-1945 0 74000 41W WOO 60 30 00 SPNW 25 414 57W 8 140415 I WEL FRANK JANICE 19117 WELD CNTY RD 251723LATTEVILLE CO 90651 NP 04,29-1260._DC OW2-1497 2 1 12-11-1942 0 0 OW 70000 60 ht 00 SANE 25 411 57W 5 206307 1 WEL FRANK ALLAN 11957WCR 9012PUTTEVILLE,CO 00651 NP 10.09.1097 2 6 I 0 0 OW IA no 52 91 7I ON 1InE SFNF P5 4N 57W S 14042R 1 WEL FRANK JANICE 1911 T WELD CNTY RD 2512 PLATTEVILLE,CO 50651 I NP 94.14.1965 07-224497 7 1 17.11-1947 0 0 5W PW 00 50 20 00 REHR 75 4N 67W R., 204050 1 WEL BRIER JOHN II 11399 CR 405 PLATTEVILLE,CO 90651 NP 04-30-1907 AA 06.734947 2 591 0 0 GW 1500 45 19 4220N 1470F NWNF 25 4N 67W S 140498 I WEL BALER JOHN H 11399 CO RD 40 1/2 PLATTEVI-LE,CD 60551 2 1 0 0 GW 700.00 50 16 00 NWNE 26 4N GM S PERMIT 0 CTY OWPIER INFORMATION ACYNITY STATUS 1ST USED ANN .AREA GEOL WELL WELL WTR SEC LOC TWN P CD DATE CD OAT- 993_5.01 OR LISP OAYF APR IRR HOER YIFI 0 OPTH I PI 000RD OTPS SEC SHP RMG W. 140505 1 wEL SHARKEY TOM 15430 COPPERFIELD DRNE COLORADO SPRINGS,CO 90921- Df- 10.02-2nnn 2 1 0 0 OW 41400_ 00 9n 00 .4005- hAa`?4N'1`11`fi3-'_3. 169399A 1 WEL PTASNIK MICHAELJ S JOY 48156 VINE ENGLEWOOD.C090110 NP 07-274593 DC 09.03.1455 2 6 0 0 GW 700 54 27 94S1A4F SFRE 29 4N 51W 8 ' 109399 1 WEL SCOTTDALE RANCH.4615$VINE ENGLEWOOD,CO 00110 HP n7-22-1591 2 59 04.014340 1 00 0 f'W 7 W 54 0 1015 IESE1 SPSF IR 4,4 fi7W S ' 03027 VE 1 WEL SCOTTSDALE RANCH 4015 S VINE ENGLEWOOD,CO 90110 ..` AV 02.17-1993 2 83 0 0 GW 0 0 0 1046,195E SESE 26 4N 67W $ Ne We // $ co r" 29 '7N /71✓ MAR. 19.2001 11002AM LEIIIRD RICE EI'IGRS • 110.447 F.S IEPORT DATE COLORADO WELLS,APPLICATIONS,AND PERMITS RAGE lie Feb 2013:0650 CST 2001 COLORADO DIVISION OF WATER RESOUCES 'ERMN D CTY OWNER INFORMATION ACTIVITY STATUS • 1ST USED ANN AREA GEOL WELL WELL WTR SEC LOC TWN P CI) DATE CD DATE WD_Up_i1R HIS DATE APR IRR AOFR YIElfl DPTH IFV COORI OTRS SFr. il1P RN71 ht. 4046R 1 WEL SHARKEY TOM 15430 COPPERFIELD LAVE COLORADO SPRINGS,CO 60021. 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WELL WTR SEC LOC 1WN P PD DATE CD DATE WO MD OR LISP DATE APR Ip$R LOFR YIFI 0 09TH I Ev 411050 OTRR SEC SHP MI5 61, 4542R 1 WEL PTASNIK MICHAEL J A JOY 4615 S VINE STREET ENGLEWOOD.CO 60110 2 1 07-)A-1451 A 14000 SW 041 Q 80- 17 05760W swsw .1rv3s'1ifirtir Ji' R 10400 1 WEL PTASNIK MICHAEL J&JOY 4615 SOUTH VINE STREET ENGLEWOOD,CO 60110 1 _ __ 7 6 08.10. 7 0 CW SM 71 71 0 1 PW 9 1 1 N >W S 3068631 WEL SNYDER OIL CO 1621 BROADWAY STE 2200 DENVER,CO 80202 f NP 0617-1997 2 0 M 0 0 GW 0 49 0 14005 1700W NWSW 38 9$� '_}j)f'_,f.3, 106867 1 WEL SNYDER OIL CO 1625 BROADWAY STE 2200 DENVER CO 60202 _, _I♦' N377-1 2 f O M 0 o Ow n 13 a 145R5.1L50W NWS4 38 4N 67W S 306061 I WEL SNYDER OIL CO 1625 BROADWAY STE 2200 DENVER,CO B0202 I NP 06-27-1997 2 0 M 0 0 GW 0 30 Q. 14005 1000W -WSW 16 4N 6714 9 1D906MH I WEL SNYDER OIL CORP/MICHAEL PTASNIK %LT ENVIRO 240115TH ST*260 DENVER CO 80202 I NH 0&11-1417 2 O M 0 0 SW 000 45 6 00 NWSW 36 4N 67W S 14541RF 1 WEL PTASNIK MICHAEL J 6 JOY W 4015 SO VINE ST ENGLEWOOD.CO 60110 '' EP 4 - _ S / 3373R 1 WEL BESKAS N G PLATTEVILLE,CO 80651 2 1 0 0 SW 111500 50 25 00 SPSF 16 444 67W S 9372R 1 WEl OESIUSNG FLATTEVEtE.CO 00651 7 1 0 Q_ OW 91144 55 70 00 9FSF 19 40 6714 s 5371R 1 WEL NGBESKAS TRUST 100010THSTI GREELEY.CO60831 2 1 0775-1977 0 16050 SW 61000 54 20 30S276E BEEF 36 4N 67W .S 11494R 1 WEL PTASNIK MICHAEL 16 JOYW 46153 VINE ST ENGLEWOOD.CO 10110 NP 04.16.1960 OC 06011296 2 1 1731.1448 0 0 __GW 0000 An 34 O0, SWNW 16 4N 67W 5 1149358 1 WEL PTASNIK MICHAEL J A JOYW 4915 S VINE ST ENGLEWOOD.CO 00110 tie. 05-24-3977 OD ft 01.1948 2 1 .06.08-1977 0 00 RW 90000 70 30 7f430N7W1W .,SWNW IR 414 67W S 1 136265 1 WEL BROBERG DAVID I a GALE 1 14475 FENTON BROOMFIELD.CO 80020 .I 2 1 10-29-1991 0 0 GW 0 CE O A0 20 00 SFNW SA 4r1 61W 5 7 164198 1 WEL MARTINDALE JOHN B DELORES IUSSS WCR 25 PLATTEVILLE,CO 00851 NP 11.22-1964 2 0 0 0 OW 15.00 16 20 1000,2200E NWNE 36 4N 87W S / MIT D CTY OWNER INFORMATION ACTIVITY STATUS 1ST USED ANN AREA GEOL WELL WELL WTR SEC LOC TNN P _co DATE CD DATE WO 4111 DB USP RATE APR IRR AOFR YIELD OPTH IV COOED MRS SEC SNP RNG U.0169 1 WEL TROSTEL TOM 5885 WCR 11 LONGMONT.CO 50504 NE 0B-00-0,9__07 RC 10-61.114) ) I 1 0 0 . ..KL6. ._ 500 VD Al 172➢11100W SWIM P'S9'...'AN'4B-LIi ' / S 310MH I WEL TELEX TED 14 HERSH&SON DRILLING 9206 WCR 38 E LOVELAND,CO 80538 141407-25-1997 2 O. 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VELD_ LPTriJ FV COO12D OTRS SSC 45$P RNG AL 0 1 WEL DEPRATT MIME 71247 WCR 36PATTEVILLE0080651- AP 06-09_1090 All 0£421-1999 7 9 0 0 GW 0 0 0 no SWSW FLT"84-9 9410 R 0 1 WEL OEPRATT MIKE 11247 WCR 36PLATTEVILLE,CO60651- AP O8-09-1.148 _AU Il4?J-L909 2 a 0 n OW 0 0 n on SWSW I iN 47W S 0 1 WEL DEPRATY MIKE 11247 WCR 38 PLATTEVILLE.CO B0851- AP 09.00.1999 AU 09-21-1$99 P P 0 9000000 GW 0 0 6 4OOS400W SWSW 1 9,4 47W S 72973 1 WEL HIBBS WAYNE 0 A MIRIAM R 11247 WELD CO RD 36 PLATTEVILLE,CO$0851 7 8 10-01-1975 0 0 CiW 1500 50 3 1t,14,Sp70W SWSW I 3N 67W S 129349 1 WEL HIBBS WAYNE D PLATTEVILLE CO 80851 7 1 0 0 RW 110n00 66 JO nn SWSW 1 3N 67W S 137550A 1 WEL ADLER FRANCIS 11419 WCR 36 PLATTEVILLE,CO 80651 NP n6-29-1984 Fr p1-17-1965_ 7 6 0 n GW 2000 50 23 SOS 7070W 595W 1 9N J7W S., 14131R 1 WEL MCCORMICK G TOOD CJO 2308 29TH ST SUITE 1 GREELEY,CO 00631.0527 NP 04-20.1960 RC 02,23.1990 7 L 0 0 OW .320000 56 10 06 SESW 1 3N 57W 3 135909R 1 WEL YOUEL MIKE 11777 WCR 36PLATTE7ILLE,CO 80651 NP o619-1542 SA 1006-1294 2 1 07'04927 0 0 GW 45S00 52 23 .1231037E SFSF 1 3N 67W S 92208VE 1 WEL YOVEL MIKE 11777 WCR 36 PLATTE/ILLS.CO 80651 AV_17-18.1497 2 1 0 0 OW. 0 0 0 125 1085F SFSF 1 iN 67W S 135908 1 WEL DAV ROGER J.7.MILDRED E. 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B4L 0 0 GW 1500 75 27 17PON 144W SWNW 1 3N l7W S 6588A 1 WEL FARNERJOE P JR B MAORIS E RTS BOX 180 BRIGHTON,CO 00601 1 99 09-01-1474 0 0 OW 1400 69 0 2000N 115PW SWNW 1 IN 67W S 12022R 1 WEL DECKER MICHAEL K&LISA K 11142 WCR 938 PLATTEVILLE,CO 60651 NP 04.71-1960 ❑C o5-11.1996 7 1 05.10-1844 0 0 O.W 12n70 47 74 00 SWNW I IN 47W S 18200 1 WEL NELSON LONNIE 0 AUGUST LONGMONT.CO 00501 2 8 11-02-1#63 0 0 OW 1100 48 j7 00 SFNW 1 34 _67W _S 12940R 1 WEL NELSON LOUISE&AUG E 303 SHERMAN ST LONGMONT.CO 80501 7 1 0 0 S'J& 170000 77 14 00 SERW 1 IN 67W S. 11671 1 WEL NELSON AUGUST PLATTEVILLE,cones' Z 11 04-14-1467 0 0 GW 900 a 14 nn 5FNW ) 3N P7W S 130069 1 WEL ODENEAUGH STANLEY P 0 BOX 120 LASALLE.CO 80845 CA 01.10.1073 CA 04-10-1RR5. 7 P I 11 f GW 170 46 2n Ammu800W N`NPIW 1 3N 47W S, 1E'OA9 I WEL ODENBAUGH STANLEY! 11100 WCR 98 PLATTEVILLE.CO 00651 LOT EtODENBAUGN j4P n3-11-1985 7 H 0 0 OW 15 no 44 70 0.00N 51K)W NWNW 1 IN fl7W S 98276VE 1 WEL WALTER CONRAD 11470 WCR 38 LASALLE,C060645 • AV O$.74-1444 7 P 0 ..IL.. F:W 0 9 0 197N MAW NCNW 1 14 47W A 195094A 1 WEL WALTER CONRAD&MARY 11470 WCR 38 PLA7TEVILLE,CO 80851 NP 05.74.1996 2 A n 0 GM 15710 6n 77 137N254SW NFNW 1 IN 67W S 196894 1 WEL WALTER CONRAD&MARY 11470 WCR 38 PLATTEVILLE,CO 60651 AR 05.79.19^6 7 P 04.19.1983 100(1 rip./ 15 no 44 0 140N754QW NENW 1 IN 67W $ 70251 1 WEL BRIGGS CHARLIE PLATTEVILLE.CO 80651 2 1 64-041951 0 0 (1W 100000 0 0 00 NENE I IN 47W $ 7025R 1 WEL BRIGGS CHARLIE PLATTEVILLE,CO 60651 7 1 04-00.1929 0 0 OW 600.00 73 17 0,0 NENE 1 3N 67W S MAP. I9.2001 11:O5RM LOIVRRD RICE ENGRS • Nth•4`_•r P.9 REPORT DATE COLORADO WELLS,APPLICATIONS,AND PERMITS PAGE 1 Tue Feb 20 13:17:21 CST 2001 COLORADO DIVISION OF WATER RESOUCES PERMIT D CTY , OWNER INFORMATION ACTIVITY STATUS 1ST USED ANN AREA GEOL WELL WELL WTR SEC LOC TWN P CD DATF CD DATF WD an DR IMF DATP APR JED BOFR WI 0 719TH I FV .COORD OTRS SFT: .SIR RNG M. 166725 1 WEL PUBLIC SERVICE CO OF COLORADO 1225 17TH ST STE 2000 DENVER CO 80201 NP 0409-149, 2 a M 000 0 OW non 30 0 7008 7500F SWSF 4480RC 14 it - S„ 109678 1 WEL PUBLIC SERVICE COMPANY 55015TH ST DENVER,CO 60201 2 Fl 04-25-1952 0 0 .f4W $00 40 0 1388S 7401F SWSE 3 3N E7W S 10904X 1 WEL LEVY IS MASON A BIB 1701 ST DENVER CO 80202 2 1 . 0 0 GM( 45000 50 0 00 SFSF 3 281 07W FL, 189040 1 WEL PUBLIC SERVICE CO OF COLO SSO 16111 ST DENVER C080202 2 1 0 D SW 1051x4 -SR .74 00 SERF 1 3N 87W S 0 1 WEL PUBLIC SERVICE PLATTEVILLE,CO 60651 AP OA-n1.1A79 S AA 0 0 (;\9 0 n A 00 DIWSF 7 3N 67W 5 18004V 1 WEL LEWIS MASON 81817TH ST DENVER 2 0080202 2 1 0 0 .GW. ..774.00 -51 B A0 NW SE 3 3N 57W S 17533MH 1 WEL PUBLIC SERVICE CO OF CO CIO 3100 SPRING FOREST RD RALEIGH,NC 27558 AR 05.05.1991 7 0 0 0 SW 0 0 0 00 SFNW 3 3N 57W S 160604 1 WEL HILL JAMES F&NICOLE M 111 JAY AVE JOHNSTOWN.CO 80534 NP 04.04.1991 AR 04.73.1991 7 8 I 0 0 SW IF.00 40 8 90031 2026W RPM 2 'N 47W S 109877A 1 WEL PUBLIC SERVICE FARMS 90`.3 WCR 34 PLA I I VVILLE,CO 00051 NP 11.17-1999 7 59 10.01.1964 0 0 GW 1500_ 53 18 2751N 1876E SWNF 3 3N 57W S 109679 1 WEL PUBLIC SERVICE COMPANY 55D 15TH ST DENVER,CO 80201 7 B 01-31-1947 n ❑ SW A on 40 D 74R'V47O17F SWMF 9 IN 117W 3- 109577 1 WEL PUBLIC SERVICE CO 9053 ROAD 34 PLATTEVILLE,CO 80651 2 5 D4.25.1962 0 1.00 GW 7.00 40 0 223111,1530E SWNE 3 3N 67W S PERMIT D CTY OWNERINFORMATION ACTIVITY STATUS 1ST USED ANN AREA GEOL WELL WELL WTR SEC LOC TWN P CD PATE CD DATP WFS MD AR IMF DATF APR MR AOFR YIPYIPA D C PTH I FV OORIT OTRS RFC SHP RNS P 140475 1 WEL SHARKEY TOM 1543o COPPERFIELO DRIVE COLORADO SPRINGS,CO60921- ,..,._. 00 1042,2900 7 1 1741-1946 n 0 RW 74A00 00 10 120470035 MSS '• -•IN•-1'87W'-' 140440 1 WEI. SHARKEY TOM 15430 COPPERFIELO OWE COLORADO SPRINGS,CO 50921- 100000 R9 00 S}ySF 7 IN 07W 0 OP 10-07.7000_2 I 0 0 SW 217239 1 WEL HOFFSCHNEIDERKRYSTAL PO BOX IDOLITTLETON,G060160- NP 04-07.1990 OC 17.01.7000 2 5 I O 9 GW 0 0 0 2601750F SFSF 7 IN R7W S 207439 1 WEL DEPRATT MIKE 11247 WCR 36 PIATTEVILLE.CO 00651 0 0 SW 15 00 63 2 36ng2BOF CFSF J 9N RN! S NP 04.11.11197 _'A 04-30.1999 2 A9 217218 1 WEL SHARKEY TOM 15430 COPPERFIELD DRIVE COLORADO SPRINGS,CO 00921- 9N F7W S 8 L 0 0 .f5W 1500 48 R 720051120E NFSF 2 NP Ol-2]-1989 DC 01A7-S0111) J - 14045R 1 WEL SHARKEY TOM 15430 COPPERFIELD DRIVE COLORADO SPRINGS.CO 00921. 000 00 BO 1F 00 SFNF 1 IN 5-W -Y OC 10-02-2000 2 1 0 0 SW 44453F 1 WEL SCOTTDALE RANCHES 4815 SOUTH VINE ST ENGLEW00D,CO 80110• 0 0 ggRN tA(rOF NWNE 2 3N 871 5 NP 01.10-1925 7 1 0 5n000 44W 0 246855 1 WEL SCOTTOALE RANCH 1930 a FEDERAL BLVD DENVER.CO 80202 0 O 0 Rpm)15000 _JJW NE 7 •W 57W P No 01.0A-JPnD 9 1 9 0 SW 24555R 1 WEL SCOTTSOALE RAN DENVER,CO 80202 0 0 0,0 NWNE 2 3N 871 5.NP 12-17.1975 2 1 0 0 OW 0 _II J ___1_.,— Fins.. in.,.,A PwnEL OBOZLG075OG N • \\ /� \� Mutual 27 Ii /� G Westetn 25 GHQ\ qv' o� / . r „,\----- -„,„ / .Jr)///, 34/ 36 7/' ii is ii ii ZONE C I II �I El I 1 ^ae�,, " AI- . aeai I ZONE C N • PerTE SAND & GRAVEL LLC ADEQUACY EXHIBIT 5 WETLANDS MAP 40,00°- �� tt ,Nxrf-1,.,: A \L e i(V�uA O� KAst.' ? ,: G A D 0 3 as r(srs �I 0 �r y 9 Y1 S \ • { \ „ LEGEND AFPECIED LANDS/PER AR 200 COOT LNE\� AREA BOUNDARY NO OS YR f \ POWER/COMMUNICATIONS UNE FENCE mo[kO5 cat r RAIL ROAD TRACKS 11% WARPED MUSLIN[ DITCH IRRIGATION\ E' R OKRIIOW BITCH M' \` \ 0 TREES BRUSH 0. ( POND/LAKE \\ BUILDINGS rorAtA W2 RC t A&,x7. EXCEPTION AREAS 1\ ` SHOP t PLANT SITE AREAS \aY � POTENTIAL WETLAND AREAS 'Stmimes van �a PRELIMINATY WETLAND STUDY PREPARED BY ER❑ RESOURCES, INC. MAR 26, 2001 - 17:45.17 I 1 Platteville Historical Society PO Box 567, 502 Marion Street Platteville, Colorado 80651 February 16, 2001 County Commissioners: The Platteville Historical Society is not taking a position for or against the application of the Platte Sand and Gravel application for mining the area. Our concern has been to see that the St. Vrain Monument Site be protected. After visiting the site again, studying the application and the maps we have determine that the site will be preserved. We have studied 5WL087 and 5W814. The seat backs are sufficient to protect the site and the road leading into the site. The developer has answered any questions we have asked and provided any information that we requested to make this determination. Sincerely, i(?' Ruth Gartrell President FORT erl. VRAII\T MOMENT/ TOM STIARICE Y A GREEMh'NT MAP EXHIBIT i I I� I i 1i arp xrx - I — .-- _ .11 �.� `� X222 F T, d ` %q p� \ li \ 1 `'!J 1 267 FT � y N � Iz I l� l I' f I s I rY r • 344 T, \\ fp' ---±.1,--„.-;,-..z. \ I i -'. • \ .-\. \ \\‘ \ ! I _,,_ _ _ ,.„..,_ a \ „ .._. , •.. _ _ _ __, .. _,_. • . • aim.. tia N'N'-,NE V-N.E.N..., ,. We �I----- .. .„__ _ .. .. - -,,,, r G�� �\ _?,A vi, IP;*;•'.--:;:j‘,--*"-3-1!:;1:1-;2_,_ ; \\\\*%\ k. \ \•0\ X 11 I mil �\�- - - -__ ��9 \I \l,+l Iii d , IEji ii III rf ! N 'I , \ 1 r 0 100 200 400 SE1/4 SEC 26, T-4N, R-67-W, 6TH P.M. - SCALE 1'=200' WELD COUNTY, COLORADO • •TTE SAND & GRAVEL LLC ADEQUACY EXHIBIT 6 `` it / I —i ,�� ®�L �aCd���NNr�rr�— / , NOTE: a/ 7. LOCH TIGN FOR 5WL 870 IS APPROXIMA TEL 7 / AS SHOWN ON MAP IN STATE RECORDS 2.�/ - ® f , SITE /S NOT A REGISTERED AREA BUT W7 Ij` - BE PROTECTED BY THE OPERATOR � ./�/ %� / UNTIL SITE INVITATION IS DONE. * f . r"fir , %=i\,„N K ST IVRAIN 5WL 814 l - 1 p r I 4740 111 / LONGHORN K �w ) I � +J 5WL 814 Sri - - s 7 -f- - / /z \\',j-' MAR 26. 2001 - 13:45:53 • PLATTE SAND & GRAVEL LLC ADEQUACY EXHIBIT 7 EAGLE ROOST MAP N �O o•aqu'iij' O �� LAKE 0 20D 400 I'I�Ihb O ii I ull� i o SCALE l"=400' �I ' �yl / O CONTOUR INTERVAL 5 FEET � ,�I'II�I. ,•TAL A'EA 3•.:. An O NIMI,�q� 1 SO KE A 1 5 AC. t 2 .'3 AC. t aikaP bra "I ^yo u.x 26.x281-,a n.w A • • STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Dep.ntmeNt of Natural Resources 1 1 5 Sherman SI., Room 213 D I V S O N EcnvcL Culold110 10 211 3 Phone 13(N)806-3 56 7 MINER A FAX.13081 032-8106 $e G E O L O ( RECLAMATI RECEIVED / MIN Ft-g-- •SAfE February 22, 2001 FEB 22 2001 adl Owens Governor Rocky Hoffschneider ENVIRONMENT INC. Greg li,e Direct her Platte Sand & Gravel LLC e�.ecel;.-�Direc�mr P.O. BOX 180 MRlmul B.Long Do.ision Director Littleton, CO 80106 RE: Platte Sand & Gravel LLC, File No. M-2000-158 S & FT Mine 112 New Permit Application- Adequacy Review Dear Mr. Hoffschneider, Listed below are adequacy review comments for the S & Ii Mine New 112 Permit Application, File No. M-2000-158. The Division of Minerals and Geology ("Division") is required to make an approval or denial decision no later than March 27, 2001, therefore, your response to the following adequacy review concerns should be submitted to the Division as soon as possible. I. As required by Rule 1.6.5 (2), please submit the proof of publication of the public notice circulated in the local newspaper and all owners of record of surface lands, and easement holders that are on the affected land and within 200 feet of the boundary of the affected land. Proof of notice may be return receipts of a Certified Mailing or by proof of personal service. Rule 6.4.3 Exhibit C- Pre-Mining and Mining Plan Map(s) of Affected Lands 2. Exhibit C-1 is defined as the Mining Plan Map. The map legend indicates that mining and reclamation will affect the entire permit area. This includes portions of the South Platte River, oil wells and associated gas lines. Please revise the map to show the limits of excavation, and the areas that will be avoided taking into account off set distances from the South Platte River, irrigation ditches and permanent man made structures. Rule 6.4.4 Exhibit D- Mine Plan 3. On Page 4, the applicant states that any change in the final configuration of a lake will be addressed in the annual reclamation report. Please be aware that changes in the reclamation plan will need to be addressed as an amendment or revision to the permit, and not just submitted in the Annual Reclamation Report. Please refer to Rules 1.1(6) and 1.1(49) for what may constitute an amendment or a revision to the permit. 4. On page 5 of the application, it is stated that 831.11 acres of the 1,239.4 acres will be mined. If you add up the disturbed area (768.32 lake area + 64.17 reclaimed area + 12.75 roads) the total affected +r s land is 845.24 acres. This amounts to a difference of 14.13 acres. This would also indicate an undisturbed area of 408.29 acres (1,239.4 - 831.11) rather than the 394.16 as stated in the permit. In addition, the lake areas noted on Exhibit F add up to 1,239.22 acres indicating that the entire permit area may be disturbed by the mining operation. Please clarify these discrepancies. 5. On Page 6 of the application, it is stated that the Highlands Lake area can be mined without exposing groundwater. Please indicate to what depth this material will be mined to ensure 2 feet of material overlays the groundwater table at its highest level during the year. 6. The application contains conflicting information regarding the depth of the material to be mined. Please indicate if the pits will be mined to a depth of 45 feet or 60 feet. In addition, please identify the nature of the stratum immediately beneath the material to be mined. 7. The applicant states that the shop area will remain when mining ends. Please describe the facilities associated with the shop area and include the structures on the Mine Plan Map. In order for the Division to approve a mining related structure as part of the postmining land use, the following items must be submitted and approved by the Division; • A description and location of the structure to remain on site and how leaving such structure will achieve the requirements of the postmining land use of recreation and wildlife habitat. • The location of the building must be located on the reclamation plan map. • A letter from Weld County that states the building may be left in place and meets the zoning requirements and the approved postmining land use. • A notarized letter from the landowner requesting the building to remain in place to achieve the en land use. 8. The applicant depicts a Plant Site that will encompass 15 acres. Please describe the facilities that will be located on the plant site. If the Plant Site contains an asphalt batch plant, a concrete batch plant and/or a concrete casting facility it must be clearly stated in the application. The facilities will need to be specified in the permit, located on a map, and include a plan to ensure surface water and groundwater will not impacted. If the applicant intends to move such facilities, it may require a revision to the permit (depending on the new location). In addition, the bond estimate will need to reflect a cost for removing such structures. Please revise the permit accordingly. 9. Please specify the dimensions of any existing or proposed road(s) that will be used during the mining operation. Describe any improvements necessary on existing roads and the specifications to be used in construction of new roads. New or improved roads must be included as part of the affected acreage. In addition, please describe any associated drainage and runoff conveyance structures to include sufficient information to evaluate structure sizing. 10. The applicant states that it may become practical in the future to line the lake areas, making storage reservoirs of some of them. Please be aware that lining the lakes into water storage reservoirs will change the postmining land use, and will require an amendment to the permit. 11. The applicant states that at some point in time it may be necessary to mine the area as a dry pit. The applicant will need to identify those portions (and acreage) of affected land that will be dewatered 2 and dry mined and those portions (and acreage) that will be wet mined. Please depict these areas on the applicable map. 12. In conformance with Rule 6.4.4(c), the Division requests that the applicant clarify the water management system to be used in the processing of pit run material. Any fresh water ponds, recirculation ponds, clarification or siltation ponds to be used should be described and also shown on the mine plan map. Also, any measures to be taken in or near the active dredging operation to minimize siltation of the exposed groundwater should be described. Rule 6.4.5 Exhibit E- Reclamation Plan 13. The applicant provides a number of mining setbacks from the river and permanent man made structures. All mining setbacks will need to be field marked to ensure the setbacks are maintained. Please commit to field locating all mining setbacks. 14. The proposed reclamation plan includes recreation as a post mining land use and swimming beaches are specifically mentioned. The Operator should be aware of the requirements of Rule 3.1.5(7) that slopes shall be no steeper than 5h : lv throughout the area proposed for swimming. The application should designate areas where swimming beaches will be constructed or at least provide a material volume estimate for creating a certain number of acres of 5h : lv slopes so that the reclamation cost for the additional backfilling can be incorporated into the bond. 15. On Pages 12 and 16 of the application, it states that inert material may be imported for reclamation purposes. In order for the Division to approve imported material to be used on site, the applicant must comply with the requirements of Rule 3.1.5(a) to (ft 16. On Page 16, the applicant states that settling ponds will be constructed on the site to collect water from washing. Please locate these ponds on a map, describe the dimensions of the pond, describe any impacts to the surrounding surface water and groundwater systems and state how the ponds will be reclaimed. 17. The NRCS letter recommends mulching the area with 3,000# to 4,000# of native hay or clean, bright, weed free straw. The applicant did not include mulching the area in the reclamation plan. Please address, and revise the application accordingly. Rule 6.4.7 Exhibit G- Water Information 18. Rule 6.4.7(3) requires that the applicant provide an estimate of the project water requirements including flow rates and annual volumes for the development, mining, and reclamation phases of the operation. This would include volumes of evaporative loss expected during maximum pit disturbance as well as during final reclamation. Please address. 19. In conformance with Rule 6.4.7(4), the applicant will need to clarify the water rights currently held by the applicant that will be available to supply the operational needs identified in Item 19 above. 20. The applicant states in Exhibit G, page 19 that there are 12 water wells on site and that these wells are owned by the surface owners of the proposed operation. The applicant should provide evidence 3 of the ownership of such wells and document the location and ownership of any wells located within 600 feet of the permit area. In the event there are other wells located within 600 feet of the permit area, the applicant is encouraged to provide a map showing the location of such wells and groundwater users. 21. The applicant states that internal ditches located on Tom Sharkey's property will be relocated or abandoned. Please indicate which ditches will be removed and which ditches will be relocated. Please provide eneince ir.P desipw fir ih,, H ' ''7.1,., y I -;1,t ,! revised map to show their proposed relocations. the operator will also need to provide wrivai consent from the owners of the various ditches for their iauuval and/ur ralOLutlun. 22. On Page 9 of the application, the applicant states that provisions will be made to keep the irrigation waste ditch open that runs through the Highlands Lake, Buffs Lake and Lake St. Vrain. The Division was unable to locate this ditch on the map. Please locate this ditch on the appropriate map and state the provisions that will be made to keep the waste ditch open. Please be aware that if mining occurs within 200 feet of the ditch, the applicant must demonstrate compliance with rule 6.4.19. Specifically, provide a notarized agreement between the applicant and the persons having an interest in the structure or an engineering evaluation that demonstrates that the structure will not be damaged by mining. 23. As required by Rule 6.4.7(b), please identify all known aquifers that may be directly or indirectly affected by the proposed mining and reclamation activities at the S & H Mine operation. The applicant should also characterize the geology and depths of the aquifers as well as pertinent aquifer characteristics, if known. 24. The applicant has stated on Page 16 of the Reclamation Plan that the operator does not expect prevailing hydrologic conditions to be disturbed. However, the applicant also states that both wet mining and dry mining/dewatering methods will be used. The extent of each mining method is unknown at this time. Therefore, there is insufficient information at this time to verify that there will be no adverse impacts to surface and groundwater systems in the affected land and surrounding areas both during and after the mining operation and during reclamation. In accordance with Rule 6.4.7(2)(b), the Division requests that the applicant identify and characterize the aquifer to be mined in or through. The Division also requests that the applicant define or predict the cone of depression expected for any areas to be dewatcred and dry mined during the life of the operation. The cone of depression assessment should define, at a minimum, the horizontal and vertical extent of drawdown expected. If during the assessment, the applicant determines that a drawdown will occur offsite that may impact a current groundwater user, the applicant should explain any mitigation measures to be implemented and trigger points that would put mitigation measures into effect. 25. One of the concerns expressed by an objector is flood control and the potential for offsite impacts related to flooding. Although no such information was provided in the application, it appears that most if not all of the 1239.40 acre site lies within the 100-year floodplain (and possibly within the 10, 25, & 50-year floodplains) of the South Platte River. In the event of a significant flood event (10-year flood or greater) it is likely that the existing pits and/or reclaimed lakes will be captured by the South Platte River. Accordingly, the Division requests that the applicant provide the flood 4 elevations(s) to be expected under a "worst case" flooding scenario and specific mitigation measures that will be implemented to minimize the potential for any offsite impacts. Mitigation measures might include mining dry pit slopes at a maximum of 1:1, installation of flood control spillways within the reclaimed lakes, installation of drainage pipes within the internal berms separating pits and/or armoring reclaimr.l ;'ii .!,���,_ , Hose se proximity to the South Platte River with erosion control riprap. Legible upie w uhc Hood insurance Kate Maps ("FIRM") through the mine reach would facilitate the Division's review. 26. The application specifies 200-foot setbacks from the existing top-of-bank of the South Platte in certain sections of the mine reach, and 300-foot setbacks from the existing centerline of the river in areas where mature trees are growing. It was observed during the Division's pre-operational inspection of the proposed S & II Mine that sections of the riverbank through the mine reach are subject to active erosion and bank cutting. The Applicant is careful to specify that the proposed setbacks are based on the current position of the river. The application indicates that encroachment of the river on the pit as a result of bank cutting is likely to occur over time. The Division recognizes that the Applicant is not responsible for the current bank cutting, that stabilization of the riverbank is not the Applicant's responsibility, and that stabilization may even have an adverse effect on the dynamics of the stream system. However, if the river eventually cuts into the gravel pits, adverse impacts to the riverbanks upstream and downstream may result, impacts that would not occur if the pits were not excavated. The Urban Drainage and Flood Control District, which regulates the South Platte River south and west of the S & I-I Mine, has determined that 400 foot setbacks from the top-of-bank are adequate to protect the integrity of the river without mitigation required. The Applicant may want to increase the setbacks to 400 feet or provide an analysis of potential flooding impacts and a plan for mitigation as discussed in item 26 above. If flood mitigation plans are to be prepared, they must specifically address the potential for erosion of the lateral berms that will carry gas/oil pipelines during mining and following reclamation. 27. The application provides no specifics on topsoil and overburden stockpile configurations and locations. The Division recognizes that the Applicant is making a commitment to concurrent reclamation that will minimize the amount of topsoil and overburden that will be stockpiled at any given time. IIowever, since the pit is in the floodplain the Division is concerned with the stability of the topsoil and overburden piles during a flood event. The Applicant should provide additional information on the stockpiles including an estimated maximum volume of topsoil and overburden to be in stockpile at any time during the life of the operation. The Applicant should further commit to stockpiling material away from areas where the deepest and highest velocity flooding can be expected and should align the stockpiles as windrows with the direction of floodwater flow paths. Review of FIRM for the mine area would be useful in this regard. Reference: Urban Drainage and Flood Control District, "Technical Review Guidelines for Gravel Mining Activities," December 1987. Rule 6.4.8 Exhibit H- Wildlife Information 28. The applicant used the NRCS "general guideline" for the proposed seed mixture, which consists of Blue Grama, Side Oats Grama, Western Wheatgrass and Intermediate Wheatgrass. The Division of Wildlife ("DOW") also recommended a seed mixture for the wildlife habitat area consisting of Tall Wheatgrass, Intermediate Wheatgrass, Reed Canary Grass, Indian Rice Grass, Great Basin Wild 5 Rye, Switch Grass, Ladak alfalfa and Yellow and White sweet clovers. Since a portion of the postmining land use is wildlife habitat, it would be justified that the applicant would use all or a portion of the seed mixture recommended by the DOW. In addition, the applicant will need to delineate on the map the two postmining land uses of recreation and wildlife habitat. 29. In addition to a different seed mixture, the DOW recommends that trees and shrubs be replaced on a one-for-one basis, construct the ponds to irregular shapes, include small islands in the ponds and establish sloes no steeper than 811:1V or 101-1:1V. Please respond to these recommendations made by the DOW for areas that will be reclaimed to wildlife habitat. 30. The DOW identified an active bald eagle nest adjacent to the confluence of the St. Vrain Creek and South Platte River. Please be aware that the applicant is required to follow all County, State and Federal Laws regarding threatened or endangered species. Rule 6.4.10 Exhibit J- Vegetation Information 31. On Page 15 of the application, the applicant states that wetlands may he present on site. In addition the letter from Norman J. Wells, Jr. of the Natural Resource Conservation District ("NRCS") states that there are other small wetlands scattered throughout the property as evidenced by the vegetation. The applicant will need to locate all existing wetlands on the appropriate map, and explain any wetland areas that will be avoided. In addition, the applicant will need to supply the results of any wetland surveys conducted throughout the 1239.40-acre site. Rule 6.4.12 Exhibit L- Reclamation Costs 32. The Division will estimate the cost to reclaim the site once the applicant addresses the concerns noted in this letter. Rule 6.4.13 Exhibit M- Other Permits & Licenses 33. The applicant indicates in Exhibit G, Page 19 that a temporary substitute supply plan and/or augmentation plan as well as other permits may be required by the Office of the State Engineer ("OSE"). In the absence of such approvals prior to the Division's decision due date, the applicant may elect to commit to no exposure of groundwater at the site until all necessary permits and approvals have been secured by the OSE. Please address. 34. The applicant indicates in Exhibit G, Page 19 that there may be minor wetlands or jurisdictional wetlands on site that may be mined through and that the necessary approvals from the Corps of Engineers will be obtained prior to mining in such areas. In the event that any jurisdictional wetlands are noted in Exhibit J- Vegetation Information, the applicant may be required to obtain a 404 Permit prior to mining in such areas. Any required U.S. Army Corps of Engineers permits may be incorporated into the DMG mining and reclamation permit, via technical revision, following review and approval from the Corps of Engineers. 6 • • Rule 6.4.14 Exhibit N- Source of Legal Right to Enter 35. Please be aware that easement holders of property throughout the permit area need to meet the same requirements as the surface owners. Specifically, easement holders need to be identified on a Map, provide documentation of legal right of entry into the easement property, and notify all easement holders within 200 feet of the affected area of the mining and reclamation activity. 36. The Division received two letters from easement holders regarding the proposed operation from Patina Oil & Gas Corporation and from HS Resources, Inc. Please respond to the concerns noted in the two letters and submit documentation regarding the applicant's legal right to enter and mine through the easements. Rule 6.4.19 Exhibit S- Permanent Man-Made Structures 37. The Division received a letter from the Colorado Historical Society stating that two sites, 5WL870 and 5WL814 are located within the boundaries of the proposed gravel pit, and one is in the process of being listed on the State Register of Historic Places. Please address how these structures will be protected from the mining and reclamation plan as required by Rule 6,4.19. 38. The application in Exhibits D and E describes setbacks from property boundaries and structures, particularly gas/oil wells and pipelines. However, in Exhibit S the application states that no mining will occur within 200 feet of any structures until the Applicant demonstrates that mining will not affect them or until an agreement is reached with owners of structures to allow mining within 200 feet. If agreements are forged with persons having an interest in the structures, and the agreements are drafted in the format required by Rule 6.4.19 and Section 34-32.5-115(4)(e), C.R.S., the Division's concerns will be satisfied and the setbacks specified in the agreements wilt be approved. If agreements cannot be reached with persons having an interest in the structures, Rule 6.4.19 provides the option for the Applicant to prepare an engineering evaluation demonstrating that the proposed mine plan will be protective of the structures. The application states that the depth of mining will be on the order of 45 feet and up to 60 feet. Where setbacks are discussed, a distance of 25 feet from gas/oil wells and pipelines is specified. If actual dredge mining or conventional mining were to occur up to a 25-foot setback line with a near vertical 45 to 60 foot mine face, the integrity of the structure to be protected would be threatened. The Division will not accept a 25-foot setback from the mining face to critical structures for a pit depth of 45 to 60 feet unless an acceptable engineering demonstration of stability is provided. The application appears to address this issue in Exhibit D where it is stated that: When a dredge is used the native materials tend to sluff off the banks and assume an angle of repose of 2%2 h to Iv. This happens because the material in this area is unconsolidated and vertical slopes can not be maintained as mining occurs. This means that to maintain a setback of 100 feet when the gravel is 60 feet thick that mining line has to be no less than 75 feet inside the setback lines to allow for the sloughing. 7 The slope configuration and geometry discussed in the above quote are illustrated in the following diagram: c C 75 R setback to ti I 00 ft to protected accommodate sloughing structure or boundary lo 4 water line I ♦, I slough block topsoil t ' sEi pi �Cf� ..5�:1 n,. a:; , sand and gravel tr sloughed material :a !///////.\\\\\\\\\`/////////e\\\.\Z\\fit'ennterni\\\\\\\\\erne ///w\\\\1\\\\ bedrock As illustrated above, dredge mining would cease when the dredge approaches within 175 feet of the structure or boundary from which the setback is established. Similarly, in the case of a 25-foot setback, as proposed for the gas/oil pipelines, and if the pit depth is again 60 feet, the mining limit would be 100 feet from the protected structure or boundary. This approach to the establishment of mining setbacks can be described by the following expression: (setback distance) f 11.25 x(pit depth)(=distance mining may occur front a protected structure or boundary This approach to the establishment of setbacks is conservative and is acceptable to the Division without any further analysis required by the Applicant. However, this type of requirement may tend to create complications for the pit operator in the long term. If the pit foreman and other essential 8 • • personnel are not fully aware that the mining limits are established by a formula depending on maximum mining depth, inadvertent non-compliance with the reclamation permit may result. The Division suggests that the Applicant establish the mining limits in advance based on the bore hole data and anticipated mining depths throughout the pit, commit to the mining limits so established, and mark the mining limits in the field in advance of dredge mining at the pit perimeters. In other words, make the mining limit, as it is labeled in the above diagram, an enforceable permit requirement that is clearly described and illustrated in the application. In summary, the application discusses two approaches to protection of structures within 200 feet of the affected land: (I) obtain agreements with persons having an interest in the structures, (2) setback a specified distance from critical structures and boundaries assuming that the pit walls will slough to 2'/ h : I v. Either approach is acceptable to the Division, but the setbacks required must be clear, unambiguous, and enforceable. It is further noted that topsoil salvage must be completed in advance of mining assuming that the pit slopes will slough as depicted in the foregoing illustration so that topsoil is not lost by sloughing into the pit (Rule 3.1.9(1)). Other Issues 39. The Division received a letter from the Department of the Army, Corps of Engineers, the State Engineers Office, and the Colorado Historical Society (see item #37) regarding the S & H Permit Amendment. Attached are copies of the letters. Please address accordingly. 40. The Division has received a number of objections to the new permit application. All letters have been sent by fax to the applicant and the consultant. Copies of the letters are attached. The concerns of the objectors have been incorporated into the Division's adequacy review questions. Under the Construction Material Rules and Regulations, if objections or concerns of a 112 Application or Amendment are received, the Division is required to hold three public meetings. The three meetings are described below. • Informal Conference (Rule 1.4.6) The purpose of the informal conference is to identify all parties to the proceedings and formal Board I-Iearings, determine what issues have been resolved (if any), and if there are additional issues, identify the issues that the Board, by statute, have jurisdiction to address, and explain the hearing process. • Pre-hearing Conference (Rule 2.7) The Pre-Hearing Conference will be presided over by the Pre-Hearing Conference Officer. The Pre-hearing Conference Officer is appointed by the Mined Land Reclamation Board. The purpose of the Pre-Hearing Conference is to draft a hearing order that lists issues the full Board should consider, lists the witnesses and evidence to be presented by parties, lists the parties that will participate, determine the amount of time afforded each party, and to resolve any other issues that the Pre-hearing Conference Officer determines is appropriate. • Formal Board Hearing (Rule 2.8) The Board will conduct the Hearing according to the provisions of the adopted hearing order, the Administrative Procedures Act, Section 24-4-105, Colorado Revised Statutes (C.R.S.), and the Colorado Code of Regulations, 2 CCR 407-4, 9 Section 2.8. The Formal Public Hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. or as soon thereafter as the matter can be considered. The Division will contact the applicant, objectors and other interested persons regarding the meeting dates and time. Please be advised that the S & H New 112 Permit Application may be deemed inadequate, and the application may be denied on March 27, 2001 unless the above mentioned adequacy review items are addressed to the satisfaction of the Division. If you feel more time is needed to complete your reply, the Division can grant an extension to the decision date. This will be done upon receipt of a written waiver of your right to a decision by March 27, 2001 and request for additional time. This must be received no later than the deadline date. If you have any questions, please do not hesitate to call. Sincerely, c Gioz, Erica Crosby Environmental Protection Specialist Enclosure(s) cc: Carl Mount; DMG Stevan O'Brian; Environment, Inc. 10 • � STATE OF COLORADO DIVISION OFMINERALS AND GEOLOGY IJe patIntenl of Natural Resources I I Sherman St., Room 215 Denver,Colorado 50203 D V SION Phone: 203)506-3567 M I N F R A FAX:13031 832-81013 & GEOLOC (RECEIVED RECrANAT" MINING•SAfE March 8, 2001 MAR g 2001 ad1 o.v..n= Rocky Hoffschneider Governor Platte Sand& Gravel LLC EN Greg E. a hnrr P.O. BOX ISO VIRONMENT INC. (sent 12 D„estor Littleton, CO 80106 Michael B rung oi.ibirrn arm Cur RE: Platte Sand & Gravel LLC, File No. M-2,000-158 S & H Mine 112 New Permit Application-Adequacy Review Dear Mr. Hoffschneider, On March 5, 2001, the Division received additional comments from the Division of Wildlife ("DOW") regarding the S & H Mine, File No. M-2000-158. Specifically, please include the following comments to the Division's adequacy review letter; I. The DOW recommends that the applicant be required to establish a detailed monitoring program for review by outside entities (e-g_ DOW, U.S. Environmental Protection Agent), U.S. Army Corps of Engineers) to prevent drawdown of groundwater levels in all wetlands, riparian habitat, and cottonwood groves adjacent to the proposed mining activity. The applicants response should correlate with the questions noted by the Division in the February 22, 2001 letter regarding possible impacts to the surface water and groundwater systems, and ways to mitigate such impacts. 2. .the DOW recommends a buffer of no less than 0.25 miles around the entire roost site (=0.25 miles from all roost boundaries) and would prefer a buffer of 0.50 miles if the integrity and long-term maintenance of this roost is a priority. In addition, the DOW recommends contacting the U.S. Fish & Wildlife Service regarding the mitigating aspects of disturbing the roost. 3. The DOW recommends surveying the area for the presence of Burrowing Owls (in the area defined on the map). If you have any questions, please do not hesitate to call. Sincerely, Erica Crosby Environmental Protection Specialist Enclosure(s) cc: Carl Mount; DMG Stevan O'Brian; Environment, Inc. w/enclosures • • STATE OF COLORADO OFFICE OF THE STATE ENGINEER occo�\ Division of Water Resources a� q. Department of Natural Resources 1313 Sherman Street, Room 818 .� j Denver, Colorado 80203 1876 Phone:(3031866-3581 FAX:(3031866-3589 Bill Owens Governor httpl/wa ter.state.co.us/default.htm Greg E.Walther Executive Director Response to Reclamation Permit Application Consideration Hal D.Simpson, F State Engineer TO: Carl B. Mount, Senior Environmental Protection Specialist CC: Division 1 Office; District 1 Water Commissioner FROM: Joanna Williams, Water Resource Engineer cj DATE: February 20, 2001 RE: S & H Mine, File No. M-2000-158 Section 35, Twp 4 N, Rng 67 W, 6th P.M., Weld County Operator: Platte Sand & Gravel LLC Contact: Platte Sand & Gravel LLC 1300 Harlan St. Lakewood, CO 80215 303-274-4474 CONDITIONS FOR APPROVAL Li The proposed operation does not anticipate exposing groundwater. Therefore, exposure of ground water must not occur during or after mining operations. Z The proposed operation will consume ground water by: Z evaporation, ® dust control, reclamation, ® water removed in the mined product, Z processing, ❑ other Prior to initiation of these uses of ground water, the applicant will need to obtain either a gravel pit or other type of well permit, as applicable. However, prior to obtaining a permit, an approved water supply plan or decreed plan for augmentation is required. ® Prior to approving a well permit, the applicant must conduct a field inspection of the site and document the locations of all wells within 600 feet of the permit area. The applicant must then obtain a waiver of objection from all well owners with wells within 600 feet of the permit area or request a hearing before the State Engineer. ❑ Other: COMMENTS/NOTES: Western Mutual Ditch (owns 400 acre-ft for irrigation purposes, will purchase water until they amend decree) • • -O74 DEPARTMENT OF THE ARM.) CORPS OF ENGINEERS, OMAHA DISTRICT DENVER REGULATORY OFFICE. 9307 5. PLATTE CANYON ROAD LITTLETON. COLORADO 80126-6901 January 3, 2001 ATTENTION OF'. Mr. Carl B. Mount RECEIVED Division of Minerals and Geology Department of Natural Resources JAN 0 8 2001 1313 Sherman St., Room 215 Denver, CO 80203 Division of Minerals and Geology RE: Rocky Hoffschneider (Platte River Sand and Gravel,LLC),USR-1306 Corps File No. 200180011 Dear Mr. Mount: Reference is made to the above-mentioned project located in portions of Sections 23, 26, 34 and 35, Township 4 North, Range 67 West, and portions of Section 2,Township 3 North,Range 67 West, Weld County, Colorado. During a December 28, 2000 site meeting with Mr. Rocky Hoffschneider, Mr. Terry McKee of- this office discussed Depai tuient of the Army permitting requirements and wetland issues pursuant to Section 404 of the Clean Water Act. If any work associated with this project requires the placement of dredge or fill material, and any excavation associated with a dredged or fill project, either temporary or permanent, in waters of the United States which includes ephemeral, intermittent and perennial streams, lakes, ponds or wetlands at this site, this office should be notified by a proponent of the project for proper Depai tuient of the Army permits or changes in permit requirements pursuant to Section 404 of the Clean Water Act. If there are any questions concerning this matter please call Mr.Terry McKee of this office at 303-979-4120 and reference Corps File No. 200180011. Sincerely, • Timo - . karey Chie , lenve,Regu ffice tin • .� .. • RECEIVED a_, 1 JAN 0 9 2001 hie r:,Y COLORADO Division of Minerals and Geology HISTORICAL SOCIETY The Colorado History Museum 1300 Broadway Denver, Colorado 80203-2137 January 5, 2001 Carl B. Mount Senior Environmental Protection Specialist Division of Minerals & Geology 1313 Sherman Street, Rm. 215 Denver, CO 80203 Re: Platte Sand & Gravel LLC, S & H Mine, File No. M-2000-I58 Dear Mr. Mount: This office has reviewed the information contained in your correspondence of December 27, 2000 concerning the project listed above. Two sites, 5WL870 and 5WL814, are located within the boundaries of this proposed gravel pit. Site 5WL814, the ruins of Fort St. Vrain, is in the process of being listed on the State Register of Historic Places. Since this site is a candidate for the State Register, we request that your office determine the effect the S & H Mine operation will have on this historic site. If we may be of further assistance please contact Jim Green at 303-866-4674. Sincerely, / <--1/7,, 6/4 Georgianna Contiguglia Presid ent GC/WJG Cc: K. Ogle, Weld County Planning tlnR. Lcln1.11 12:u7FII DIV-•ERRLS&t=EOLO1, • IIC'.6-76 F. t 1 STATE OF COLORADO DIVISION OF MINFRALS AND GEOLOGY Department of Natural Re_ourcesI3I3 Sherman St., Room 215nets N o Lt.,„4-4A0 f `/ IsIoP1 ODenver,Colorado B0203 Poet-It"Fax Note 7671 pagaaFAX 0(303126610 67 Te %re Ol& (&V1 Rum V117lC 1 N S lt.A LfA\.(303)93b2106 r `�ee.roa Ce. lA E O 1. O G 1 M �� � Phoneg 2p�, y� EcLANaTIOh JI/� LLLWWWp , (f1INING•SAFRT3 March 8, 2001 Fax —701 a ' -'"Fax a I ~� � awe 2111 cams Governor Rocky Hoffschneideti Greg E.Walchce Platte Sand& Gravel LLC Execurpe Director P.O. BOX 180 Michael B long Littleton, CO 80106 Dlvlaun Dire"' RE: Platte Sand& Gravel LLC, File No. M-2000-158 S & H Mine 112 New Permit Application-Adequacy Review Dear Mr. Hoffschneider, On March 5, 2001, the Division received additional comments from the Division of Wildlife("DOW") regarding the S & H Mine, File No, M-2000-158. Specifically, please include the following comments to the Division's adequacy review letter; 1. The DOW recommends that the applicant be required to establish a detailed monitoring program for review by outside entities (e.g. DOW, U.S. Environmental Protection Agency, U.S. Army Corps of Engineers) to prevent drawdown of groundwater levels in all wetlands,riparian habitat, and cottonwood groves adjacent to the proposed mining activity. The applicants response should correlate with the questions noted by the Division in the February 22, 2001 letter regarding possible impacts to the stuface water and groundwater systems, and ways to mitigate such impacts. 2. The DOW recommends a buffer of no less than 0.25 miles around the entire roost site (-0.25 miles from all roost boundaries) and would prefer a buffer of 0.50 miles if the integrity and long term maintenance of this roost is a priority. In addition,the DOW recommends contacting the U.S. Fish & Wildlife Service regarding the mitigating aspects of disturbing the roost. 3. The DOW recommends surveying the area for the presence of Burrowing Owls (in the area defined on the map). If you have any questions,please do not hesitate to call. Sipde eay, •--C7 Erica Crosby Environmental Protection pecialist Enclosure(s) cc: Carl Mount;DMG Stevan O'Brian; Environment,Inc. w/enclosures • • File contains oversized map See Original File
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