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Home My WebLink About20012129 E1)virouwept, Ipc. LARRY E.O'BRIAN 7985 VANCE DRIVE,SUITE 205A FOUNDER ARVADA, COLORADO 80003 p1anninBD a 303-423-7297 �ae)�CO,anty FAX 303-423-7599 April 16, 2001 ZCOA 0 Mr. Kim Ogle C�V E,Q Weld County Planning Department EC E1 N. 17th Ave. Greeley, Colorado 80631 Dear Mr. Ogle: RE: Mining Use by Special Review Platte Sand & Gravel LLC - USR-1306 This letter represents a request on behalf of Platte Sand and Gravel L.L.C. (PS&G) , to place this case on the June 19, 2001 agenda for the Weld County Planning Commission. We are still working on the remaining outstanding items, as outlined in the preliminary staff review document, and will deliver copies to you as soon as they are available. We expect to have them done in the next couple of weeks. If you have any questions please call me at (303 ) 423-7297 or Rocky Hoffschneider at (303) 274-4474 . Sincerely, Environment, Inc. Stevan L. O'Brian President cc Platte Sand & Gravel file 2001-2129 EXHIBIT I -U e, 0 Xcel EnergysM Greeley Operations PUBLIC SERVICE COMPANY 15006th Avenue Greeley,Colorado 80631 April 16, 2001 Weld County Planning Dept. Weld County Department of Planning Services 8 2001 Attn: Kim Ogle, Planner 1555 N. 16th Ave. RECEIVED Greeley, CO 80631 RE: Case Number USR-1306, Rocky Hoffschneider (Platte Sand and Gravel, LLC) Dear Kim, This was in regards to our my letter to you on February 6, 2001 with concerns with the above mention Case Number. Last Friday, I met with Stevan O'Brian of Environment, Inc. and Sharyn Frazer of AgPro Environmental Services representing of the proposed Platte Sand and Gravel, LLC and they have assured me that any problems or concerns will be addressed. I will prepare any necessary Licenses between Public Service Company of Colorado and said Platte Sand and Gravel. If you have any questions, please call me at (970) 395-1229. D gla . Dalton roject Land Rights Agent Xcel Energy 550 15th Street Greeley, CO 80631 Cc: Stevan O'Brian Sharyn Frazer Office File hr PLATTE & GRAVEL LW .430X180 U , N, CO 80160 3) 274-4474 May 10, 2001 I' Mr. Kim Ogle Weld County Planning Depar 'nt 1555 N. 17th Ave. Greeley, Colorado 80631 Dear Mr. Ogles RE: Mining Use by Speciaj.. , View Platte Sand & Gravel,l.. - USR-1304 This letter represents request to pr.eadvertise the notice to place this case on the c$ e 20, 2001 agenda for the Weld County Board of County Comm' gioners . This application was submitted on early November ,; , 2000, over six months ago. The initial submittal date, ass 'ng a normal processing time, would have allowed us to begin op otions this spring. For various reasons we 'ow have a hearing scheduled before the Weld County Planning C ` ssion on June 5, 2001 and having to wait for an additional wont after that hearing, to meet with the Board of County Commies ' hers will extend the time out to eight months or more. We well then have lost most of the construction season and graV1 sales that would have offset our expenses for permitting. Y financial reasons we need to begin to generate revenue from thi, site as soon as possible. We still have to develop the site and do additional work on internal facilities before sales can ,egin and delaying the hearing any longer increases the likelih' od that the site will not generate revenue until mid-fall thus ncreasing the financial burden we are currently carrying. The $35 . 00 advertising ee is submitted with this request. If you have any ques lone p ase call me at ( 303 ) 274-4474 . Fly, : '' ocky no fs h icier Applican r. cc tnvironmeni, Inc. file EXHIBIT r rs WI I DEPARTMENT OF PLANNING SERVICES D es 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us E-mail address: kogle@CO.WeId.CO.US COLORADO PHONE (970) 353-X197 EXT.3540 FAX(970)304-6498 May 15, 2001 Stevan O'Brian Environment, Inc. 7985 Vance Drive, Suite 205A Arvada, CO 80003 Subject: Request for Pre-Advertisement for Platte Sand & Gravel Dear Steve: Rocky Hoffschneider submitted a letter dated May 10, 2001 requesting pre-advertisement for the above referenced case. The Department of Planning Services reviewed this request and contacted the Clerk to the Boards office regarding the request. The Department of Planning Services and the Clerk to the Boards office determined that Platte Sand&Gravel, LLC is not eligible to apply for this request as several issues have not been resolved and/or correspondence submitted to the Department of Planning Services stating resolution of all issues has been acceptable to all entities affected by this proposal. The following itemized list shall be addressed to the satisfaction of the appropriate County entities. Please refer to the attached cut-sheet from the Preliminary staff comments: 2. Prior to scheduling a Board of County Commissioners hearing: A. The applicant shall provide evidence to the Department of Planning Services that the ruins of historic fort St. Vrain, specific to sites identified as 5WL870 and 5WL814 and the surrounding lands associated with this site will not be impacted by any mining activity. The two sites of record are noted in a referral dated January 5; 2001 from the Colorado I listorical Society. - Evidence of approval from the Platteville I listorical Society, caretaker of this monument and surrounding lands, shall be submitted to the Wcld County Department of Planning Services. (Department of Planning Services) B. Section 22-5-100.A of the Weld County Code states "oil and gas exploration and production should occur in a manner which minimizes the impact to EXHIBIT agricultural uses and the environment and reduces the conflicts between mineral development and current and future surface uses." Section 22-5- 100.B of the Weld County Code states "...encourage cooperation, coordination and communication between the surface owner and the mineral owner/operators of either the surface or the mineral estate." Finally, Section 22-5-100.8.1 of the Weld County Code states"new development should be planned to take into account current and future oil and gas drilling activity to the extent oil and gas development can reasonably be anticipated." The applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. The plat shall be amended to include any possible future drilling sites. (Department of Planning Services) C. The applicant shall submit a letter from the United States Department of Interior, Fish and Wildlife Service indicating if surveys will be required for threatened or endangered plants and animals as outlined in a letter from the Colorado Natural Heritage Program dated December 22, 2000. If a survey is required, the survey will be conducted and submitted to the Department of Planning Services. (Department of Planning Services) D. The applicant shall submit a signed copy of an agreement with the Western Mutual Ditch Company regarding the requirements and concerns as outlined in the letter from their legal counsel dated January 26, 2001. Evidence shall be submitted to the Weld County Department of Planning Services for review and approval. (Department of Planning Services) E. The applicant shall provide evidence that all issues involving water rights, including a water court approved plan for augmentation or substitute water supply plan has been approved by the State of Colorado, Division of Water Resources. Evidence shall be submitted to the Weld County Department of Planning Services for review and approval. (Department of Planning Services) F. The applicant shall provide evidence that all issues involving "the placement of dredge or fill material, and any excavation associated with a dredge 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 the site..." have been addressed to the satisfaction of the Department of the Army, Corps of Engineers as stated in their referral dated January 2, 2001. Evidence shall be submitted to the Weld County Department of Planning Services for review and approval. (Department of Planning Services) G. The applicant shall submit a letter from the Colorado Division of Wildlife indicating that their concerns have been addressed as outlined in the letter dated August 18, 2000 and February 7, 2001 specific to the riparian vegetation and trees along the river; the threatened or endangered plants and animals, i.e., Preble's meadow jumping mouse, Ute Ladies'-tresses orchid,the numerous prairie dog colony(s),the habitat for the western burrowing owls; and the Colorado butterfly plant. Further, the applicant shall address the issue of the Bald Eagle roosting area(s) as addressed in the referral dated February 7, 2001 by the Colorado Division of Wildlife. The applicant shall address mitigation on site to protect this roost. If a survey and/or evaluation is required and is performed, the survey will be conducted and submitted to the Department of Planning Services. (Department of Planning Services) H. The applicant shall submit a letter from Public Service Company of Colorado (Xcel Energy) indicating that their concerns have been addressed as outlined in the letter dated February 6, 2001, specific to the twenty-four (24) inch high pressure gas transmission line that traverses the property southwest to northeast. Second, the issue of the 44kV and 230kV electric transmission lines shall be addressed relative to the areas to be mined on the property. Evidence shall be submitted to the Weld County Department of Planning Services for review and approval. (Department of Planning Services) Each of these issues shall be resolved and evidence submitted that the appropriate entity has had their concerns addressed to their satisfaction. Until items A through H have been resolved, the pre-advertisement request will not be considered by staff. Should you have questions or need further information, I may be reached at the above address, telephone number or e-mail address. r^ Sincerely, Kim ogle Planne cc: M.Mika, Director J.Chester, Planner Ill File:USR 1306 enclosure: Letter of Pre-advertisement request from R. Hoffschneider Check for pre-advertisement,check#4026,dated 5-10-2001 PE Weld County Planning Dept. PICKETT 252001 ENGINEERING, INC. April 23, 2001 RECEIVED Clerk to the Board Weld County Commissioner's Office 915 10th Street, 3`d Floor Greeley, Colorado 80631 RE: Application for a Mined Land Reclamation Permit PEI No. 01-006 Dear Sir/Madam: Enclosed herewith is a Technical Revision of the application for the S&H Mine to be operated by Platte Sand& Gravel, LLC. This copy of the Technical Revision packet is being delivered to you pursuant to Colorado Revised Statutes §34-32.5-112(9)(a), 1995 as amended. This packet must be kept with the original book for public review until the permit has been approved by the Division of Minerals and Geology, Department of Natural Resources. We will contact you once it has been approved and make arrangements to pick up this copy. If you have any questions,please contact me. - - Sincerely, PICKETT ENGINEERING, INC. „� ✓ wJ Gt4 els Kris A. Pickett, P.E. President KAP/jz cc: Sharyn Frazer,AgPro Environmental Services, Inc. Fred Ginsburg, Attorney for Platte Sand& Gravel, LLC Rocky Hoffschneider, Platte Sand& Gravel, LLC Steve O'Brian, Environment, Inc. Kim Ogle, Weld County Planning Tom Sharkey, Platte Sand& Gravel, LLC Weld County Attorney EXHIBIT 808 8th Street — Greeley, CO 80631 '' Phone (970) 356-6362 — Fax (970) 356-6486 P E PICKETT ENGINEERING, INC. April 20, 2001 Erica Crosby Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 215 Denver, Colorado 80203 RE: Technical Revision to S&H Mine 112 Application Platte Sand and Gravel,LLC File No. M-2000-1$8 Response to Hydrologic Adequacy Review PEI No. 01-006 Dear Ms. Crosby: Enclosed is a response to the aforementioned adequacy review. The contents include a flood mitigation plan. The map is color coded on an 11"x 17" size sheet and addresses the location of sensitive areas with potential for excessive erosion during flooding events. Cross-sectional views of the design of the protection of the mitigation measures, as well as an itemized cost for installation are included. As well, a discussion of the schedule of when these improvements would be installed is provided. This information has been forwarded to the Clerk to the Board of Weld County Board of County Commissioners. We will forward to you proof of submittal within the next three days. If you have any questions,please do not hesitate to call me. • Sincerely, - PICKETT ENGINEERING, INC. • "s A. ickett, P.E. Presi ent ICAP/jz r enclosures 808 8th Street — Greeley, CO 80631 Phone (970) 356-6362 — Fax (970) 356-6486 • P E PICKETT ENGINEERING, INC. April20, 2001 Erica Crosby Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 215 Denver, Colorado 80203 RE: TECHNICAL REVISION TO S&H MINE 112 APPLICATION PLATTE SAND AND GRAVEL,LLC FILE NO. M-2000-158 RESPONSE TO HYDROLOGICAL ADEQUACY REVIEW DATED APRIL 18, 2001 FROM TOM SCHREINER TO ERICA CROSBY PEI No. 01-006 Dear Ms. Crosby: Following the review of information provided by Pickett Engineering, Inc., relative to flood ' events and erosion potential for the proposed S&H mine, the Department of Minerals and Geology has requested additional information. The packet of information contained herein is intended to address the comments posed by the letter referred to above. 1. Enclosed is an 11" x 17"color coded map showing the locations of sensitive areas with potential for excessive erosion during flooding events and these areas are associated with recommended mitigation measures,which are addressed within this packet. 2. We have provided cross-sectional designs for riprap protection, which will be the sole method of mitigation used for this project. Upon further consideration of the proposed mining activities and the mitigation procedures, it is my opinion that the use of equalization pipes and spillways would not be the most effective means of protecting or stabilizing the areas sensitive to excessive erosion during flooding events. Therefore, as the map indicates, there are two types of areas of mitigation. The blue line, which follows the.length of the eastern bank of the South Platte River, is specified as "Riverbank Armor." The purpose of this blue line is to indicate the full extent of the potential areas that could be armored by the applicant. This armoring should only occur if the applicant is otherwise required to provide this armoring due to any permit requirements or due to the applicants desire to minimize the directional change of the river, which could possibly impact the applicant's ability to mine their property. Therefore, it should be made clear that this armoring is optional unless it is required by other agencies. The second type is indicated in green and for the most part is 808 8th Street — Greeley, CO 80631 Phone (970) 356-6362 — Fax (970) 356-6486 located along the western and southern edge of the proposed lakes. This slope protection (riprap) is intended to be installed during mine operations only. The riprap protection would be installed during the mining operation and it is intended that no more than 500 feet of completed mined slope edge be allowed to remain unprotected at any one time. Once the mine operations are complete and mitigation procedures begin, it is intended for this riprap protection to remain in place as indicated on the enclosed cross-section titled"Lake Slope Protection." 3. The cost of this mitigation is estimated below. It is estimated that the riverbank armor will utilize approximately six tons of material per linear feet. We estimate the cost at$3 per ton or$18 per linear foot. Again, this armoring is optional but if the entire length were armored we estimated 20,000 linear feet or$360,000. Likewise the lake slope protection area is estimated to require about 4 '/2 tons of material per linear foot. At $3 per ton this would cost $13.50 per linear foot. We estimate currently that there is 22,000 linear feet of protection required for a cost of$297,000. Both of these are total maximum project costs. 4. Describe when during the mining and reclamation sequence that this specified mitigation procedures will be employed: As previously described, the riverbank armoring should be applied, if the applicant desires to maintain the current location of the river and/or when mining operations or other requirements of the applicant require that the applicant armor the river. The lake slope protection will occur during mining operations. Once the mining operations have reached the point of the extremity of the lake, in the area so highlighted on the enclosed map, these areas will be armored at that time. No more than 500 linear feet of bank will remain unprotected for a continuous operation. If mining operations cease along the bank edge this protection should be placed within ninety days of cessation of mining operations along the edge regardless of the length. Please do not hesitate to contact me if you need further information. Sincerely, PICKETT ENGINEERING, INC. ickett, P.E. 7 Presi ent KAP/jz cc: Clerk to the Board, Board of County Commissioners Weld County Planning Platte Sand and Gravel, LLC Steve O'Brian, Environment, Inc. r • ) ) ) LAKE SLOPE PROTECTION NOT TO SCALE MITIGATED SLOPE WATER SURFACE 5 ' RIPRAP 1 10 ' MINIMUM d50 = 24" 3 D = 1 . 5 d50 MIN . 0=3 ' MIN 1 1 RIVER BA! .X ARMOR SOUTH PLATTE RIVER NOT TO SCALE Y Z a m U. O a 0 I- I- m a w MAIN CHANNEL 10 ' MIN . 0=3 ' MIN NORMAL WATER LEVEL 2 . 0 ' RIPRAP (OR BROKEN CONCRETE) MINIMUM d50 = 24" D = 1 . 5 d50 MIN. .404 FLCO-D m ri&, -r/0,) 17LA r ,iiea. - 1.. rte ./"'•r • • : . sraa. 1 nir..r�.� • 1 ,' ,ci:1 xN -c 1. �i 4' f t. • • 3• 1 \ +' �It_s..�17., :CU I ll I fI ll .J1/ it1 �` 1 ' y 'PI(*(r' / 1 a ar LAKE t .I .Mn r1 l 11, y, t ". i �••\ -r s.L: - 4 Ski ,. �� . ..'Z. 1 E gIvc2-.814.uk ,4�mul� --- I •a Milli —Lr�kG I)4,-)k_ �)u,� ►i �1� �. . '} h J. R C F. N It r.: it,'i.1 _r�. 1 ATILCIO LAMS — — — M.MI IM[ i C ��}4R•�. •,w- I . —— vu Iwwaar MOAN ro•1r/eouwwcnwwa UK : -.-.- rswa F-. \ :. 1 in...o+$arw.unc, , r •�..%, f�.: ... .sue' o •t IS e 1•t.j/ I• i'' i Ca 1014D/I., ty• /A , . I Iwtawcc i • • J • 0•/SAS*I* r. F • 04.1411)taws.raGN4s IINl/�f �I ,YR.....'S/qq ii7 { 4 I NIP EXHIBIT F ..) 1. PLATTE SAND k GRAVEL, L.L.C.I 1 S & II MINE I RECLAMATION PLAN MAP —r-.-:ao .-..per----I Mr..tawily1l/w11.M/ /ISWMM10.111 i/1 11/1111/.1.11111/.1.1.•111.1-H101.1•11.4111•111.1/21V1 [M['A INS.SQ! tfw2r.4N51:MrY••w.[ylr.. K•.1 •�JfU� Nr P MI °a'•e MAP PACE 5 OF 5 — ----Or F D M i T I &7A-i l OlJ ?L A) /7 : a• , - o , ' ff Sr 9i ` LT 11 I • .-f-i LJ MIAAPN LAKE - r . -5 O .jii\ir-' ♦ . \ \ I arlopm ,v c / • 1: /J / l ."---.1 p z N,k1t IIr 1 c , IY ( 4.4 1 " �. ` SNARKE✓S CAltf -t I �. 4� y4A11C< 1 � •e ses gives E#4vk 4gmoe- - • `.o' / • :; ISM -1-/-/T d 11''II"�- b ANk pry iaft) ' D�FS UKE C 1,J 'I 1, F. r G F, N D I I • . . AFFECTED LANDS • — — — 200 FOOT UNE to .--.--„---__„...,.,,---ti '�aid — __ AREA BOUNDARY 111 • ROADS POWER / CONYUNICAIgNS UNC , �FENCE 1 \ t RAP E0 GUNS RD S ! 1 f ` .• t tea=.--- DITCH IRRIGATION OVERFLOW DITCH 0 TRIES Q POND/LANE lit 5.:`.. ♦ I RURDINDS / , •- • OIL/ GAS WELL ,dSNW, ' q • ON EKED TANKS R FACNTIES �N -`lif A: . I + + + • I EXCEPTION AREAS / s / • LA e 1FEAOOW LAKE "1 • •--• • •• KR is' i" / A• LWO -.1• / MAP EXHIBIT F - u 1` " ' -SIN-.._i -- PLATTE SAND k GRAVEL. L.L.C. 11t _ _ 1 S & H MINE I RECLAMATION PLAN MAP �. 7 PaISS/1t/4SY/fL/LS:/MV/1I=//W/L4sW RI, - - - alPwlblt/1t/1.14/OD/♦.Sows*,.IIwI I&A R<It/4. - -MK OCtf - It/CW/1IIW/LS•F.SF.f-HIA4 GASP. tdeUl.lt/2N/2 .c 1.2LF /1r.2 DPItttil W,KPAL WA1C.y LIni ,,,,,,,W, ,.I110v01Re-ON:,O '�.�ti .,,.. r«. "' MAP PAGE 5 OF 5 MEMORANDUM WiwiC. To: Surrounding Property Owners / Mineral Owners COLORADO From: Weld County Department of Planning Services Subject: Land Use Cases being heard at the June 5, 2001, Planning Commission Hearing. Date: May 17, 2001 NOTICE The time and place for Weld County Planning Commission hearings scheduled for Tuesday, June 5, 2001, has been changed. Due to the amount of cases being heard on this day, the hearings will be held at the Weld County Training Center, located at 1104 H. Street, Greeley, Colorado. The hearings will begin at 10:00 a.m., instead of the usual 1:30 p.m. time. Enclosed is a copy of the agenda for the day, so that you will have an idea of when the case of interest is being held. SERVICE,TEAMWORK,INTEGRITY,QUALITY EXHIBIT I I ' FILE No.355 05/17 '01 1120 ID:WELD CTY GOVT FAX:9703520242 PAGE 1 May 16 01 05: 04p' rred Ginsberg, Attorney 0038410693 p. 2 • re` Ihi FREDERICK L GINS G NTOMNUr INN[ 19201e. 69INB1t T.sure 207 P,O.BOX 697 I' r*aKER,COLORADO 80134 (303)8410877•FAX(303)441-0963 f Po t-IY HIS Note 7671 Date /7�Q/Ir ia4ue I. S From I To CoIn I Co. Mane a l May 15, 2001 Fax ii r" w I Lee Morrison, tiaq. Asst. Weld County Attorney 015 10th Street I Greeley, CO BQ632 Sent by facsimile to: 1-970-352-0242 Re; Platte Sand & Gravel, LLC Dear Mr. Morrison: ,^ Your efforts during today's telephone conference with Kim Ogle are most app elated. Tom Herron a d Sharon Fraser will meet with Kim to solidity the contents of the 'tanning Staff's file. T ey will ferret out and deliver to the County whatever documer�h• :ion that might otherwi be absent from the tile. To memoriath my thoughts about the Western Mutual Ditch Company's con ems the matter of the itc crossing is moot because my client will bridge the ditch r er than install a crossing • ucture within the ditch confines. This comports with the existing bridges that iy c lent already has in place, and which allow my client free p as to property on elder aide of the Western ditch. My client will furnish Western copies'of plans for the bridge before it is installed. As to dewatering, the staff for the state Division of Minerals and Geology, in its recommendation for approval of the reclamation permit, has mandated dewatq ng must occur in 1 acre blocks associated with the installation of dredging machinery. C nges in this format mist a so receive prior approval from the Division of Minerals and ology. There is nothlfg at law or otherwise which requires my client to enter into an moment with Western hat limits the months during which dewatering can occur. Wes wants such an agreem t. My client has agreed to purchase and operate weirs d other monitoring egyrip nt to address the issue of possible damage to Western's dit • from the dewatering pr ce s. Please convey th se thoughtslto Kim Ogle. If either of you need additional inf ornatiori, I EXHIBIT FILE No.355 05/17 '01 11 20 ID:WELD CTY GOVT FAX:9703520242 PAGE 2 May 1G nl U5ari5p Fred Ginsberg, Attorney Sin3841UHy3 p, 3 May 16, 2001 Lee Morrison, Esq} I ;I Asst. Weld Colrnty Attorney Page 2 we can do anpth telephone conference. Thanks again for all of your assistance for clarification. Very tr yours, fl� 'r erlck . In rg, Es . i 111 k cc: Mr. ThomaL Sharkey k I � I I i - _. Epvircpcit, Ipc. oust 7985 205A LARROUND FY E.OUNDER Y p�an • ning�ePt ARVADA, COLORADO 80003 303-423-7297 725, FAX 303-423-7599 May 17, 2001 ck.® Vey Mr. Kim Ogle Eck Weld County Planning Department 1555 N. 17th Ave. Greeley, Colorado 80631 Dear Kim: RE: Mining Use by Special Review Platte Sand & Gravel LLC - USR-1306 Thank you for faxing me the update letter for what is still outstanding for the SUP to get on the County Commissioners . I just received the copy you mailed with Ms . Hoffschneiders' check and will forward it to her for disposal. We have been making progress on the items and I feel we have completed most of them. Platte Sand & Gravel has asked Sharyn Frazer with AgPro Environ- mental Services to prepare the necessary response to your re- minder letter. The response will contain copies of the items addressing each point in the letter. As I understand it, Sharyn will be delivering it to you on Friday, May 18, 2001 and will address any concerns you have at that time. Thanks for your help and if there is anything you need from me please call me at (303 ) 423-7297 . Sincerely, Environment, Inc. 6-4¢etP _ Stevan L. O'Brian President cc Platte Sand & Gravel LLC AgPro Environmental Services - Sharyn Frazer file EXHIBIT Ii ' 4311 Highway 66, Suite 4 Longmont, CO 80504 Office(970) 535-9318 Fax: (970) 535-9854 411, Weld County Planning Dept. May 18, 2001 i„ 1 8 2001 RECEIVED Kim Ogle, Planner II Weld County Planning Department 1555 N. 17m Avenue Greeley, CO, 80631 Subject: Platte Sand and Gravel, USR-1306, Issues to be satisfied prior to scheduling a Board of County Commissioners Hearing Support information referred to in this letter has been categorized to coincide with comments in your letter dated May 15, 2001. Hopefully this will help clarify, for everyone, exactly where we are with this application process. 2. Prior to scheduling a Board of County Commissioners Hearing: A. The applicant shall provide evidence to the Department of Planning Services that the ruins of historic Fort St. Vrain will not be impacted by any mining activity. • In your letter dated May 15, 2001, you struck-out this requirement showing that your department was satisfied. However, due to the number of consultants working on this project, we have included the letter from the Platteville Historical Society and a map in this response. B. The applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. • Fred Ginsberg, Attorney at Law, and the mineral owners/operators are in the process of completing the final agreement. This has been a lengthy process because one of the companies was drilling additional wells. Their equipment was on site and well locations were occurring. This has now been completed and the final drafts of the agreements are being reviewed. After an agreement is reached the plat shall be amended to include any possible future drilling sites. I a EXHIBIT January 12, 2001 Page 2 C. The applicant shall submit a letter from the United States Department of Interior Fish and Wildlife Service indicating if survey will be required for threatened or endangered plants and animals. • Letter from the United States Department of the Interior, Fish and Wildlife Service, dated March 1, 2001, specifies that proposed actions on mining areas should not directly affect the continued existence of Preble's. Should Preble's populations exist on the site, actions on the site that result in significant modification of Preble's habitat downstream may be subject to provisions of the ESA. They also note that extensive trapping of better habitat areas nearby is schedule this summer. • Letter from the Department of the Army, Corps of Engineers, dated April 1, 2001, states the this proposed activity will not jeopardize the continued existence of the mouse or destroy or adversely modify its habitat. The letter also states that this proposed activity would not jeopardize the continued existence of the Ute ladies' tresses orchid or destroy or modify habitats occupied by this threatened species. • The letter also states that should anyone at any time become aware that either an endangered and/or threatened species or its critical habitat exists within the project area, the U.S. Corps of Engineers must be notified immediately. The letter is signed by Timothy T. Carey, Chief, Denver Regulatory Office. C. The applicant shall submit a signed copy of an agreement with the Western Mutual Ditch Company regarding the requirements and concerns as outlined in the letter from their legal counsel dated January 26, 2001. • Letter from Fred Ginsberg, Attorney at Law, representing Platte Sand and Gravel,to Kim Lawrence, Attorney at Law, representing Western Mutual Ditch, dated May 16, 2001. • Letter from Kim Lawrence, Attorney at Law, representing Western Mutual Ditch, dated January 26, 2001. D. The applicant shall provide evidence that all issues involving water rights, including a water court approved plan for augmentation or substitute water supply plan has been approved by the State of Colorado, Division of Water Resources. • Letter from Fred Ginsberg, Attorney at Law, representing Platte Sand and Grave, to Lee Morrison, Assistant County Attorney, dated May 15, 2001. • Letter from Kenneth W. Knox, Assistant State Engineer, Division of Water Resources stating the required fee of$1,343 for the substitute water supply plan has been paid and conditional approval of the Temporary Substitute Supply Plan (TSSP) has been issued. The well permits have been sent to the State and approvals are expected as soon as the State can process them. n January 12, 2001 Page 3 E. The applicant shall provide evidence that all issues involving 'The placement of dredge or fill material, and any excavation associated with a dredge or fill project, either temporary or permanent, in waters of the U.S., have been addressed to the satisfaction of the Department of the Army, Corps of Engineers. • Letter from the Department of the Army, Corps of Engineers, dated April 1, 2001, states that this project will not require a Department of the Army permit. F. The applicant shall submit a letter from the Colorado Division of Wildlife indicating that their concerns have been addressed, specific to the riparian vegetation and trees along the river, the threatened or endangered plants and animals, i.e., Preble's meadow jumping mouse, Ute ladies' tresses orchid, the numerous prairie dog colony(s), the habitat for western burrowing owls; and the Colorado butterfly plant. Further, the applicant shall address the issue of the Bald Eagle roosting area(s). The applicant shall address mitigation on site to protect this roost. • Letter from Mike Sherman, Field Habitat Biologist, Division of Water Resources dated April 26, 2001. An agreement has been reached addressing their concerns. 1) Preble's Jumping Mouse—addressed in USFWS letter 2) Ute Ladies'-tresses orchid-wetlands no to be disturbed,no habitat to study. 3) Prairie dogs — to be handled according to DOW suggestions. See DOW letter. 4) Burrowing owls—will follow DOW guidelines. See DOW letter. 5) Colorado Butterfly Plant — this plant is associated with wetland areas, no study required. 6) Bald Eagle Roost—Necessary steps have been taken,the area is delineated in the mining plan map and addressed in the M.L.R.B. permit adequacy responses. The Division of Wildlife and USFWS were both involved with setting the distances for setbacks from the roost and the activities allowed during the prime use time period. See DOW letter. G. The applicant shall submit a letter from Public Service Company of Colorado (Xcel Energy) indicating that their concerns have been addressed, specific to the 24 inch high pressure gas transmission line and the 44kV and 230kV electric transmission lines. • Letter from Xcel Energy, dated April 16, 2001, stating they are preparing any necessary licenses between Public Service Company (Xcel) and Platte Sand and Gravel. This should assure that any problems or concerns will be addressed. Hopefully, the responses to the above items will satisfy the Department of Planning Services conditions prior to scheduling a Board of County Commissioner's Hearing. If you should have any questions,please contact me at(970) 535-9318 or(303) 877-7747. in ly, haryn Frazer Administrator Weld County Planning Dept. Platteville Historical Society PO Box 567, 502 Marion Street 8 LA I Platteville, Colorado 80651 February 16, 2001 RECEIVED 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, y� ja4 U Ruth Gartrell President EXHIBIT FORT ST. N M NUMENT/ tt.‘ TOM SHARICVRAIEY AGROEEMENT MAP EXHIBIT III / 1 II �a 1 I . I I i 1,11 ' / f)lett na _ _ _ I I I!.� \\\A Dv222 FT, — \ kg/r:::4 \ ' I \ "' q 11 CE I 1 MONUMENT GROUNDS `\ \ i I n\ (1.06.X127') 1 267 FT. 3. IRF:=" 1 X.,/ ..) ( I li CP • • - ///), J � I I � � 344 FT, .\\ i N. iiiiiii �1 I): Ilk TN ' \H) \ • � \Ia � OI.--- I I, i I• o \i/I I �ti, ` ` . s I I \ \ tf\ I� Ipi 41 \� - ----------3) 41/1 V-,..0 . Il i I�., LI 4. III \ � \ ��_\ 1 , ii II \ \\� AL11 TO VCR 40 L 23 0 100 200 400 Immoiniiml SE1/4 SEC 26, T-4N, R6 7W, 6TH P WELD COUNTY, .M. '° °° "�° SCALE 1'=200' " " COLORADO PLATTE SAND & GRAVEL LLC ADEQUACY EXHIBIT 6 z 1 / ��1!N�Ir.��_ . . ./ _ NOTE. 1. LOCH 170N FOR 5WL870 IS APPROX/MA TEL Y 7 AS SHOWN ON MAP /N STATE RECORDS. / .i C 2. SITE/S NOT A REGISTERED AREA BUT IMLL � 4 % BE PROTECTED BY THE OPERATOR r UNAL SITE INN TA 17 ON /S DONE r I �� ' (jr ST. VRA/N 5WL874 L _ _ , r4 I 7 \ !'i4k4p 7lLONGHORN K I �� L \ I +1 5WL874 - 1 f _ \ �.- ( 1, ( \\\ \ \ MAR 26. 2001 - 13:45:53 1TI • Fred Ginsberg, Attorney at Law, representing Platte Sand and Gravel, is working closely with the four companies having interests on the property. This has taken more time than expected due to negotiations between parties. The final drafts of the surface agreements are being review by the parties and Mr. Ginsberg's office is expecting completion end of the week of May 25, 2001. Platte Sand and Gravel has made every attempt to mitigate the concerns of the oil and gas companies to protect their existing facilities and plans for future drilling. After an agreement is reached the plat shall be amended to include any possible future drilling sites. Weld County Planning Dept. a co RECEIVED EXHIBIT 1 114 ,. ' United States Department of the Interior FISH AND WILDLIFE SERVICE D tflr". Ecological Services ) Colorado Field Office /755 Parfet Street,Suite 361 N 02 ZQd f Lakewood,Colorado 80215 IN REPLY REFER TO; a-es.. g"'+ • ES/CO: T&E/PMJM/Survey I' Mail Stop 65412 MAIL 0 1 2001 Weld County Planning Dept. Stove Duller .__ 184E 2 Clatkaor►Stases Denver, CO 80218 Dear Mr. Butler: RECEIVED Based on the authority conferral to the U.S.Fish and Wildlife Service(Service)by the Endangered Species Act of 1973 ( SA), as amended(16 U.S.C. 1531 et seq.),the Service reviewed the Preble's meadow jumping mouse,2a us hudsonful preblet, (Amble's)survey,report submitted with your letter of February 6 200 . This report re ads Scottsdale Ranches in Weld County, Colorado (Section 2 Township 3 North, Range 6. vast and Secdons 24,26, 34,and 15,Township 4 North, liar a 47 Meet), The project proposed ie a gravel mine developed by Platte Sand and Gravel, Lie., The service agrees that Preble's habitat is not present with)tt the subject areas. Thus, the Service concludes that pm posed action; on these areas shosild nOt direct! affect the continued existence of Preble's. Should PProble's populations exist on the site along the South Platte River or downstream from the site, action; on the site that result In significant modification of Preble'a habitat downstream(for example,through alteration or existing flow regimes,or sedimentation)may lx subject to provisions of the ERA. We also note that extensive trapping of better habitat areas nearby Is scheduled this summer. We look forward to receiving the results of that trapping. if the Service can be of further assistance,please cunsaat Peter Plage of my staff et(303)275-2370. Sine , e oy W Carlson Colorado Field Supervisor co. U.S.1 Army COB, Littleton, CO Pl age R.S,euttn f/rMJMlrc01 a4 EXHIBIT 11G • Page two of this letter also addresses endangered species. i£N _UF /4#t�'� �°4 DEPARTMENT OF THE ARMY Qe, 2 CORPS OF ENGINEERS, OMAHA DISTRICT DENVER REGULATORY OFFICE, 9307 S. PLATTE CANYON ROAD Ipi LITTLETON, COLORADO 80128-6901 Nro a•^ April 1, 2001 Mr. Steve O'Brian Weld County Planning Dept. Environment, Inc. 7985 Vance Drive, Suite 205A 2001 Arvada, CO 80003 ••-. RE: Bank Stabilization, Areas 2S,2N and 35, South Platte River RECEIVED Nationwide Permit No. 13, Corps File No. 200180220 Dear Mr. O'Brian: Reference is made to a December 28, 2000 site visit by Mr.Terry McKee of this office concerning the above-mentioned project of behalf of Mr.Tom Sharkey. This project is located in the SW 1/4 of Section 26, Township 4 North,Range 67 West and the W %z of Section 2,Township 3 North, Range 67 West, Weld County, Colorado. Based on the information provided, this office has determined that the work within Colorado is authorized by the Department of the Army Nationwide Permit No. 13, found in the December 13, 1996, Federal Register, Final Notice of Issuance,Reissuance,and Modification of Nationwide Permits (61 FR 65874). Enclosed is a fact sheet which fully describes this Nationwide Permit and lists the General Conditions, Section 404 Only Conditions, and Colorado Regional Conditions which must be adhered to for this authorization to remain valid. Although an Individual Department of the Army permit will not be required for the project, this does not eliminate the requirement that you obtain any other applicable Federal, state, tribal or local permits as required. Please note that deviations from the original plans and specifications of your project could require additional authorization from this office. The applicant is responsible for all work accomplished in accordance with the terms and conditions of the nationwide permit. If a contractor or other authorized representative will be accomplishing the work authorized by the nationwide permit on behalf of the applicant, it is strongly recommended that they be provided a copy of this letter and the attached conditions so that they are aware of the limitations of the applicable nationwide permit. Any activity which fails to comply with all the terms and conditions of the nationwide permit will be considered unauthorized and subject to appropriate enforcement action. This verification will be valid until the nationwide permit is modified, reissued, or revoked. The nationwide permit is scheduled to be modified, reissued or revoked prior to February 11, 2002. It is incumbent upon you to remain informed of changes to the nationwide permit. We will issue a public notice announcing the changes when they occur. Furthermore, if you commence or are under contract to commence this activity before the date the nationwide permit is modified or revoked,you will have twelve (12) months from the date of the modification or revocation to complete the activity under the present terms and conditions of this nationwide permit. 4 RECEIVED EXHIBIT APR 0 3 2001 1 1140 ENVIRONMENT INC In compliance with General Condition 14,the attached "Certification of Completed Work" form (blue) must be signed and returned to this office upon completion of the authorized work and any required mitigation. The U.S. Fish and Wildlife Service has listed the Preble's meadow jumping mouse (Zapus hudsonius preblet) as a Federal threatened species under the Endangered Species Act of 1973. However, it has been determined that the proposed activity will not jeopardize the continued existence of the mouse or destroy or adversely modify its habitat. Also, this proposed activity would not jeopardize the continued existence of the Spiranthes diluvialis (Ute ladies' tresses orchid) or destroy or modify habitats occupied by this threatened species. Should anyone at any time become aware that either an endangered and/or threatened species or its critical habitat exists within the project area, this office must be notified immediately. If there are any questions concerning this verification, please call Mr. Terry McKee at (303) 979-4120 and reference Corps File No. 200180220. Sincerely, NW Ti y . C ey Chie , e egulato Office tm Enclosures Copies Furnished: U.S. Fish& Wildlife Service Colorado Department of Public Health& Environment Environmental Protection Agency Colorado Division of Wildlife d 2 May 17 01 09: 29a Fred Ginsberg, Attorney 3039410993 p. 4 FREDERICK L. GINSBERG A1TORNEV Ar wN 19201 E.MAINSTREELSURE 201 Weld County Planning Dept. P.O.BOX 697 PARKER,COLORADO 80134 (303)841-0877*FAX(303)841-0999 RECEIVED May 16, 2001 Kim Lawrence, Esq. Lind Lawrence &Ottenhof LLP 1011 11th Avenue Greeley, CO 80631 Sent by facsimile to: 1-970-358-1111 Re: Western Mutual Ditch/Platte Sand & Gravel, LLC Dear Mr. Lawrence: Since I last forwarded to you a revised draft of the agreement concerning the dewatering issue, my client's engineer has submitted a letter which states the client cannot enter into any such agreement for a number of reasons. There can be no limitation on the period in which dewatering occurs because necessity may require dewatering to occur at any time in the year with respect to the placement of dredging machinery. The state will not enforce an agreement between the parties. There is nothing at law or otherwise which requires my client to commit itself to allow Western to control when dewatering occurs. The law is clear that if Western proves by a preponderance of the evidence that my client's dewatering efforts cause harm Western's, then my client may be answerable in damages at law. Because dewatering will only occur in 1 acre pods, there is little if any likelihood that the Western ditch will be harmed. My client will install, own and operate the weir and other associated monitoring devices that are referenced in the drafts of agreements. Your client will be entitled to the free use of these devices provided any data is shared with my client at the time it is obtained. My client will maintain its own records and share the same with your client at no cost. There is no necessity for a crossing agreement. This is because my client will bridge the ditch but will install no structure within the ditch confines; however, plans for the bridge apparatus will be submitted to your client for suggestions and input as to design. My client, to the best of its ability, will attempt to incorporate any such suggestions into the final plan. Weld County Planning has been apprised of my client's positions as stated in this letter. EXHIBIT 1111 May 17 01 09: 30a Fred Ginsberg, Rttornes 3038410993 p. 5 May 16, 2001 Kim Lawrence, Esq. Lind Lawrence & Ottenhoff LLP Page 2 I am available to meet with you at your convenience concerning any of these matters. Ve ruly yours, Fr derick L. GI' berg, Esq. Ill cc: Mr. Thomas Sharkey r r-. LIND, LAWRENCE & OTTENHOFF LLP ATTORNEY,AT LAW THE lAW CURVING 1011 ELEVENTH AVENUE GREELEY.COLORADO 60031 GCORGEH.OTIENMOPP TELEPHONE KENNETH F.LIND Dept. 10101 MOM KIM R.lAwievif'�(t County Planning 117701 363-2323 TELECOPIER P.ANDREW.IONPR 1070)366-H i i .1O %f1 2001 klmtllolaN.ECm L E C F,,4 re.January 26, 2001 Weld County Planning Dept Ms. Kim Ogle, Planner Weld County Planning Department of Planning Services 3 ZQO\ 1555 N. 17'k Avenue Greeley, Colorado 80631 RECEIVED Re; USR-1306, Rocky Hoffschnelder(Plette Sand & Gravel, LLC) Dear Ms Ogle: I represent the Western Mutual Ditch Company which owns the Western Mutual Ditch which is located Immediately adjacent to tho site on the west and south. The Board of Directors met to review the Application and have requested I convey to you the following requirements and concerns: 1. The proposed set back of 50 feet is insufficient given the soils. Excavation near the ditch may cause instability in the ditch structure which in this area is sitting on gravel. Western has recently employed an engineer to review the plan and give recommendations and we hope to have a letter from him to present to you shortly. Initially and based on his past experience he recommends a set back of 200 feet to avoid potential damage. 2. The application proposes both wet and dry mining. Dry mining will necessitate pumping groundwater away from the pit and the Western ditch and the State Engineer usually requires the discharge be returned to the South Platte River. Any pumping will likely cause increased water losses in the Western Mutual Ditch which will diminish the decreed rights of the Company. Therefore the Company must request that a condition of no pumping of water be imposed on all cells adjacent to the Western Mutual Ditch. 3. Applicant cannot expose groundweterwithout a well permit from the State Engineer and without an augmentation plan approved by the Water Court. Applicant owns 24 shares of Western stock and 7 shares of Hewes and Cook stock both subject to the Bylaws of Western, The Western Bylaws require any applicant to come to the Board for approval of any change of use prior to seeking approval from any other r F\KIM\WE3TERN.MUT\Ogelwpd EXH 8 entity. As a condition of the USR It should be required that applicant must demonstrate approval by the Board of the Western Mutual. A copy of the relevant portion of the Bylaws is enclosed for your reference. It should also be conditioned on final approval by the Water Court, Water Division No 1, 4. Applicant's propose access at WCR 23 and 38 which requires a bridge across the Western Mutual. Applicant may not cross the ditch without a crossing agreement and the USR should be conditioned on seouring such an agreement. Sincerely, LIND, LAWRENCE & OTTENHOFF LLP r4414144a4a--' Kim R. Lawrence KRL/krl Enclosure pc: Rex Craven (w/enc) Forrest Leaf(w/enc) F.IKIMIWE5TERN.MUT10q s1 wpd May 17 01 09: 26a Fred Ginsberg, Attorney 3036410993 p. 2 .�. FREDERICK L GINSBERG Weld County Planning Dept. AnaaEvwLfruv 19201 E.MAINSTREEL SUITE 201 P.O.BOX 697 - ' n r/.11 r+'J I PARKER,COLORADO 80134 (303)841-0877•FAX(303)841-0993 RECEIVED May 15, 2001 Lee Morrison, Esq. Asst. Weld County Attorney 915 10th Street Greeley, CO 80632 Sent by facsimile to: 1-970-352-0242 Re: Platte Sand &Gravel, LLC Dear Mr. Morrison: Your efforts during today's telephone conference with Kim Ogle are most appreciated. Tom Herron and Sharon Fraser will meet with Kim to solidify the contents of the Planning Staffs file. They will ferret out and deliver to the County whatever documentation that might otherwise be absent from the file. To memorialize my thoughts about the Western Mutual Ditch Company's concerns the matter of the ditch crossing is moot because my client will bridge the ditch rather than install a crossing structure within the ditch confines. This comports with the two existing bridges that my client already has in place, and which allow my client free access to property on either side of the Western ditch. My client will furnish Western copies of plans for the bridge before it is installed. As to dewatering, the staff for the state Division of Minerals and Geology, In its recommendation for approval of the reclamation permit, has mandated dewatering must occur in 1 acre blocks associated with the installation of dredging machinery. Changes in this format must also receive prior approval from the Division of Minerals and Geology. There is nothing at law or otherwise which requires my client to enter into an agreement with Western that limits the months during which dewatering can occur. Western wants such an agreement. My client has agreed to purchase and operate weirs and other monitoring equipment to address the issue of possible damage to Western's ditch from the dewatering process. Please convey these thoughts to Kim Ogle. If either of you need additional information, r EXHIBIT Mad 17 01 09: 28a Fred Ginsberg, Attorney 3038410993 p. 3 May 16, 2001 Lee Morrison, Esq. Asst. Weld County Attorney Page 2 we can do another telephone conference. Thanks again for all of your assistance for clarification. Very tr yours, re erick . in erg, Es . /II cc: Mr. Thomas Sharkey STATE OF COLOMDO OFFICt OF THE STATE ENGINEER a:a • , Division of Water Resources + . Department of Natural Resources 1313 Sharman Sues,Room Ile �� Davy, ,cylQHdp 00203 la Phone:(303)866.3581 Iwe�r FAX:1303)866.3369 Pretri g/lery Pill Owens Apr1120, 2001 covana hcp;ftwaer.itettC&I/darWk.htm MAY 0 $ 2001 Gen E.Walchcr Y 6acwha Olroeta Mr. Greg Roush 1117 C W E nal D.�h",°"%0.E, Leonard Rice Consulting Water Engineers, Inc. 2000 Clay Street, Suito 300 Denver, CoWrado 80211-1118 Weld County Planning Dept. O Re: S&H Mine Gravel PIt, Substitute Water Supply Plan OM? File No. M-2000-150O 2(i01 Section 35,T4N, R07W, a P.M. Water Division 1,Water District 2 RECEIVED Dear Mr. Roush; This icttor is In response to your application of March 1, 2001 requesting a substitute Water supply plan for a sand and gravel pit to be operated by Platte Sand and Gravel, LLC, in accordance with 37-80-120 C,RIS. The Applicants shall be responsible for compliance with this plan, but the State Engineers Office may also pursue the landowner for eventual compliance. The required fee of$1,343 for the substitute water supply plan has been paid. This plan describes the proposed water uses for the first two years of this new mining operation. The plan anticipates a first yew net depletion of 4.2 acre-feet for up fa 1.0 acre of exposed lake surface and a second year net depletion of 21.1 acre-feet for up to 5.0 acres of exposed lake surface. According to the Information submitted, no water surface was exposed within the permit boundary prior to January 1, 1981. You hove provided a monthly breakdown of the annual depletions for each year of the plan. Consumptive use for thu first year consists of 1.2 acre-feet of evaporative loss (from August through December) from a maximum of 1.0 acre of exposed lake steam, 2.0 acre-feet of water lost In product (4% moisture of 68,000 tons of raw material) and 1.0 acre-foot for dust control (total 4.2 acre-feet). Consumptive use for the second year consists of 14.8 acre-feet of evaporative loss from a mexlmum of 6.0 ones of exposed groundwater, 5.3 acre-feet of water lost In product (4% moisture of 180,000 tons of raw material) and 1.0 atre-foot for dust control (total 21.1 acre-feet). No phreatephyte credit has been applied to this plan. The S&H Mine Gravel Pit le located approximately 2,000 feet from the South Platte Rivar. Tho Applicant hes provided a monthly schedule of lagged actual depletions to the river system, together with a schedule of replacement requirements for the first two years of operation. While thia replacement amount matches calculated river depletions during the first two years of operation,the deficit between pii end river depletions will need to be accounted for In future years. The propooad source of replacement for this pit Is fully consumable wastewater treatment plant effluent or reservoir releases from a lease with the City of Longmont. The City of Longmont wastewater treatment plant Is located approximately 20 miles upstream of this new aggregate operation. A 0.5 percent per mile transit lose (10.0 percent overall loss) has been EXHIBIT I 114 & , Mr. Grog Roush April 30, 2001 Page 2 accounted for in the replecomont. The monthly depletions and replaoement requirements are found on the table below Month First Year(2001) Second Year(2b0 ) 'First Year(2001) Second Year(2-02) Lagged Depletions Legged Depletions Replacements Replacement (acre-feet) (acre-feet) (acre-feet) (acre-feet) Jan 0 0.37 0 0.4 r �T Feb 0 0,43 11 0.6 -VAT-_. .o-„--_.........._..... 0.57. . _ 0 a Apr 0 0.79 0 0.9 May 0 1.0? 0 1.2 Jun 0 Tr 0 1,8 Jul 0 1.86 0 2 Aug 0.15 2.06 0.2 2.3 Sep 0.48 2.06 0.5 2.3 Oct 0.83 ---TIC 0.7 2.1 Nov 0.61 1.60 0.7 ' 1.6 Deo 0.43 1.26 0,5 1.4 Total 732 i 15.38 2.6 '17.1 -- As required by Section 8 of Senate Bill 89-120, this substitute water supply plan has been provided to an outside consultant for review. The consultant has recommended approval of the plan by way of a draft of this letter. Based upon statutory requirements and the recommendations of the consultant, I hereby approve the proposed substitute water supply plan In accordance with Section 537-80-120, C.R.S. subject to the following conditions: 1. A wall permit must be Issued for the gravel pit in accordance with Section§37-00.137(2) and (11), C.R.S prior any oxpoours or use of groundwater. The pending permit application (Reeeipt Number 473204)will be evaluated pursuant to this plan. You have Identified one permitted well within 600 feet or the Initial mining) area. This well (Permit No. 1404eRR) la permitted to one of the partners in Platte River Sand and Gravel, LLC, and a waiver form has been completed end submitted with this application for the plan. Mr.Greg Roush April 30, 2001 Page 3 2. The deplotiona osaodatod with thle Mining operation must not exceed a total of 4.2 pore-feet in the first year and 21.1 acre feet in the second year. The first years depletions consist of 1.2 acre-foot of evaporative loss from a maximum of 1.0 acre of exposed lake aurface, 2.0 acre-foot of water loot in product (4% moisture of 88,000 tone cal raw material) and 1.0 acre-foot for dyst control (total 4.2 acre-feet). The second years depletion consist of 14.8 acre-feet of evaporative loss from a maximum of 5,0 acres of exposed groundwater, 5.3 acre-feet of water lost In product (4% moisture of 180,000 tone of raw material) and 1.0 acro foot for dust control (total 21.1 acre-feet). Should the total consumption at the pit exceed these amounts prior to the expiration date of this plan, an amendment will need to be filed with this office. 3. You have provided a letter of Intent to be evrved I,y the City of Longmont using 19.7 acre-feet of reuse water (2.8 aura-foot for 2001 and 17.1 acre-feet for 2002). An executed copy of a lease agreement with the City of Longmont must be submitted to this office prior to the beneficial use and/or exposure of groundwater on the eubiect property. 4. Approval of thi plan Is for the purposes as elated herein. Any additional uses for this water must first be approved by this Woe, Any futuro additional historic consumptive use credit given (e.g., agricultural water transfer) for ihie alto must consider ail previous credits given. 6. All pumping for duet control shall be measured In a manner acceptable to the Division Engineer. 8. Adequate accounting of depletions and replacements (In acre-feet) must be provided to the Water Commissioner and/or Division Engineer on forms and at times acceptable to both of them. The accounting form(*) shall be sufficient to demonstrate that the net effective replacement equaled or exceeded the total depletion on a monthly basis. All replacement water must be concurrent with depletions In quantity, timing, and location, except that releases may be aggregated at the discretion of the Division Engineer. Said accounting must be rocoivod by the 10r of the month following the reporting period., 7. Tho name, mailing address, and phone number of tho contact person who will be responsible for operation and accounting of this plan must be provided on the accounting forms to the Division Engineer and Water Commissioner, 8. The approval of this substitute water supply pion does net relieve the Applicant and/or landowner of the requirement to obtain a Water Court decree approving a permanent plan for augmentation or mitigation to ensure the permanent replacement of all depletions, Including long-term evaporation losses after gravel mining operations have coaxed. If reclamation of the mine site will produce a permanent water surface exposing groundwater to aveporadon, an application for a plan for augmentaton must be filed with the Division 1 Water Court at least throe (3)years prior to the completion of mining to include, but not be limited to, long-torn evaporation losses. if a lined pond results after reclamation, replacement of lagged depletions shall continue until there is no longer en effect on stream Mow, Mr.Greg Roush April 30, 2001 Page 4 9. This plan is valid through December 31, 2002 unless otherwise revoked or modified. /0. This substltute water supply plan may be revoked or modified at any time should It be determined that Injury to other water eights has or will 000ur a a result of this plan. 11. If this plan will not be made absolute by a Water Court action by the plan's expiration date, a renewal request must be submitted to this office with the statutory fee (currently $217)at toast 45 days prior to the expiration date of this plan (by November 15,2002). 12. Should this substitute water supply plan expire without renewal or be revoked prior to adjudioation of a permanent plan for augmentation, ell excavation of product from below the Watifir nobler,end ell other use of water at tho pit, must cease rmmedlatbly.' 13, In accordance with amendments to Section §24-8-202-(7), C,R.S. and "Senate 9if 89- 181 Rules and Regulations" adopted on February 4, 1902, the State Engineer shall determine if this substitute water supply plan Is of a quality to meet requirements of use to which the senior appropriation receiving the substitute supply bee normally boon put. As such, water quality data or analyse* may be requested at any lima to determine if the requirement of use or the senior appropriator is met. 14. Acceptance of these conditions le assumed urdese a letter to the contrary is received by this office, the Division 1 Engineer(Richard Stenzel, 800 8"'Avenue, Suite 321, Greeley, CO 80831) and the District 2 Water Commissioner (Robert Stahl, 9378 Weld County Road 26, Ft. Lupton, CO, 80821)within two weeks of your receipt of this letter, Please contact Joanna Williams of this aloe or Mr. Dave Nettle*, in Greeley at (070) 382- 8712, if you have any questions concerning this approval. Wo conclude that approval of this substitute water supply plan does not imply a position by this office on any related litigation. Sincerely Kenneth W. Knox Assistant Stets Engineei Attachment oc: Dave Nettles,Assistant Division Engineer Robert Stahl, Water Commissioner, Water District 2 Tom Sharkey, Platte River Send and Gravel, LLC Greg Roush, Leonard Rice Consulting Water i:ngineere, Inc, Gary Witt, Wright Water Engineer*, Inc. 0.\011.OOeW30dMRouul,BUM Mins 8W8IN,dou DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT 4e 1'. DENVER REGULATORY OFFICE, 9307 S. PLATTE CANYON ROAD p m LITTLETON, COLORADO 80128-6901 April 1, 2001 Mr. Steve O'Brian Environment, Inc. 7985 Vance Drive, Suite 205A Weld County Planning Dept. Arvada,CO 80003 20 RE: Platte Sand & Gravel LLC i...'. 0 Corps File No. 200180011 RECEIVED Dear Mr. O'Brian: Reference is made to a December 28, 2000 site visit by Mr.Terry McKee of this office concerning the above-mentioned project located in the SE V,of Section 35, Township 3 North, Range 67 West, Weld County, Colorado. During Mr. McKee's site visit it was determined that the area to be mined within the next 15 to 20 years is not a wetlands. This project has been reviewed in accordance with Section 404 of the Clean Water Act under which the U.S. Army Corps of Engineers regulates the discharge of dredged and fill material and any excavation associated with a dredged and fill project in waters of the United States. Waters of the U.S. includes ephemeral, intermittent and perennial streams and their surface connected wetlands and adjacent wetlands and certain lakes and ponds that have a nexus to interstate commerce. Based on the information presented, this project will not require a Department of the Army permit. Although a Department of the Army permit will not be required for this project, this does not eliminate the requirements that other applicable federal, state, tribal, and local permits are obtained if needed. If there are any questions concerning this matter,please call Mr.Terry McKee of this office at 303-979-4120 and reference Corps File No. 200180011. Sincerely, Tim. y . Ca ey Chief, r ' eg atop, O fice tm RECEIVED PR 03 2001 EXHIBIT NVIRONMENT INC. -I �s/cit 1!),>, a DEPARTMENT OF THE ARMY 4� p. CORPS OF ENGINEERS, OMAHA DISTRICT DENVER REGULATORY OFFICE, 9307 S. PLATTE CANYON ROAD IQ, LITTLETON, COLORADO 80128-6901 April 1, 2001 Mr. Steve O'Brian Environment, Inc. Weld County Planning Dept. 7985 Vance Drive, Suite 205A Arvada, CO 80003 3 23, RE: Bank Stabilization, Areas 25,2N and 35,South Platte River RECEIVED Nationwide Permit No. 13, Corps File No. 200180220 Dear Mr. O'Brian: Reference is made to a December 28, 2000 site visit by Mr. Terry McKee of this office concerning the above-mentioned project of behalf of Mr. Tom Sharkey. This project is located in the SW I/4 of Section 26, Township 4 North, Range 67 West and the W %of Section 2, Township 3 North, Range 67 West, Weld County, Colorado. Based on the information provided, this office has determined that the work within Colorado is authorized by the Department of the Army Nationwide Permit No. 13, found in the December 13, 1996, Federal Register,Final Notice of Issuance,Reissuance, and Modification of Nationwide Permits (61 FR 65874). Enclosed is a fact sheet which fully describes this Nationwide Permit and lists the General Conditions, Section 404 Only Conditions, and Colorado Regional Conditions which must be adhered to for this authorization to remain valid. Although an Individual Department of the Army permit will not be required for the project, this does not eliminate the requirement that you obtain any other applicable Federal, state, tribal or local permits as required. Please note that deviations from the original plans and specifications of your project could require additional authorization from this office. The applicant is responsible for all work accomplished in accordance with the terms and conditions of the nationwide permit. If a contractor or other authorized representative will be accomplishing the work authorized by the nationwide permit on behalf of the applicant, it is strongly recommended that they be provided a copy of this letter and the attached conditions so that they are aware of the limitations of the applicable nationwide permit. Any activity which fails to comply with all the terms and conditions of the nationwide permit will be considered unauthorized and subject to appropriate enforcement action. This verification will be valid until the nationwide permit Is modified, reissued, or revoked. The nationwide permit is scheduled to be modified, reissued or revoked prior to February 11,2002. It is incumbent upon you to remain informed of changes to the nationwide permit. We will issue a public notice announcing the changes when they occur. Furthermore,if you commence or are under contract to commence this activity before the date the nationwide permit is modified or revoked,you will have twelve (12) months from the date of the modification or revocation to complete the activity under the present terms and conditions of this nationwide permit. r RECEIVED EXHIBIT 1111 T APR ' 2007 ENVIRONMENT INC r In compliance with General Condition 14,the attached "Certification of Completed Work" form (blue) must be signed and returned to this office upon completion of the authorized work and any required mitigation. The U.S. Fish and Wildlife Service has listed the Preble's meadow jumping mouse (Zapus hudsonius preblet) as a Federal threatened species under the Endangered Species Act of 1973. However, it has been determined that the proposed activity will not jeopardize the continued existence of the mouse or destroy or adversely modify its habitat. Also, this proposed activity would not jeopardize the continued existence of the Spirantlres diluvialis (Ute ladies' tresses orchid) or destroy or modify habitats occupied by this threatened species. Should anyone at any time become aware that either an endangered and/or threatened species or its critical habitat exists within the project area, this office must be notified immediately. If there are any questions concerning this verification, please call Mr. Terry McKee at (303) 979-4120 and reference Corps File No. 200180220. Sincerely, Ti . . y . C. ey Chie , rt= e 'egulat. Office tm Enclosures Copies Furnished: U.S. Fish& Wildlife Service Colorado Department of Public Health& Environment Environmental Protection Agency Colorado Division of Wildlife 2 FACT SHEET NATIONWIDE PERMIT 13 BANK STABILIZATION: Bank stabilization activities necessary for erosion prevention provided the activity meets all of the following criteria: a. No material is placed in excess of the minimum needed for erosion protection; b. The bank stabilization activity is less than 500 feet in length; c.The activity will not exceed an average of one cubic yard per running foot placed along the bank below the plane of the ordinary high water mark or the high tide line; d. No material is placed in any special aquatic site, including wetlands; e. No material is of the type, or is placed in any location, or in any manner, so as to impair surface water flow into or out of any wetland area; f. No material is placed in a manner that will be eroded by normal or expected high flows (properly anchored trees and treetops may be used in low energy areas); and, g. The activity is part of a single and complete project. Bank stabilization activities in excess of 500 feet in length or greater than an average of one cubic yard per running foot may be authorized if the permittee notifies the District Engineer and the District Engineer determines the activity complies with the other terms and conditions of the NWP and the adverse environmental effects are minimal both individually and cumulatively. This NWP may not be used for the channelization of a water of the United States. (Sections 10 and 404) General Conditions: The following general conditions must be followed in order for any authorization by a NWP to be valid: r 1. Navigation: No activity may cause more than a minimal adverse effect on navigation. 2. Proper Maintenance: Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. 3. Soil Erosion and Sediment Controls: Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. 4. Aquatic Life Movements: No activity may substantially disrupt the movement of those species of aquatic life indigenous to the waterbody, including those species which normally migrate through the area, unless the activity's primary purpose is to impound water. Culverts placed in streams must be installed to maintain low flow conditions. 5. Equipment: Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize soil disturbance. 6. Regional and Case-By-Case Conditions: The activity must comply with any regional conditions which may have been added by the division engineer(see 33 CFR 330.4(e))and with any case specific conditions added by the Corps or by the State or tribe in its Section 401 water quality certification. 7. Wild and Scenic Rivers: No activity may occur in a component of the National Wild and Scenic River System; or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status; unless the appropriate Federal agency, with direct management responsibility for such river,has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation, or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the area(e.g.,National Park Service, U.S.Forest Service,Bureau of Land Management, U.S. Fish and Wildlife Service). 8. Tribal Rights: No activity or its operation may impair reserved tribal rights, including,but not limited to,reserved water rights and treaty fishing and hunting rights. 9. Water Quality: In certain States and tribal lands an individual 401 water quality certification must be obtained or waived (see 33 CFR 330.4(c)). 10. Coast Zone Management: Not applicable. 11. Endangered Species: (a) No activity is authorized which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act, or which will destroy or adversely modify the critical habitat of such species. Non-federal permittees shall notify the District Engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or is located in the designated critical habitat and shall not begin work on the activity until notified by the District Engineer that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. For activities that may affect Federally-listed endangered or threatened species or designated critical habitat, the notification must include the name(s)of the endangered or threatened species that may be affected by the proposed work or that utilize the designated critical habitat that may be affected by the proposed work. As a result of formal or informal consultation with the U.S. Fish and Wildlife Service (FWS) or the National Marine Fisheries Service(NMFS), the District Engineer may add species-specific regional endangered species conditions to the NWPs. (b)Authorization of any activity by a NWP does not authorize the "take" of a threatened or endangered species as defined under the Federal Endangered Species Act. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the FWS or the NMFS, both lethal and non-lethal "takes" of protected species are in violation of the Endangered Species Act. Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS or their world wide web pages at http://www.fws.gov/r9endspp/endspp.html and http://www.nfms.gov/prot_res/esahome.html respectively. 12. Historic Properties: No activity which may affect historic properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the District Engineer has complied with the provisions of 33 CFR Part 325,Appendix C. The prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties listed,determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic Places (see 33 CFR 330.4(g)). For activities that may affect historic properties listed in, or eligible for listing in, the National Register of Historic Places, the notification must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. 2 13. Notification: Pre-construction notification is a condition in which the applicant is required to notify the Corps of Engineers before work begins. By receiving this nationwide permit verification letter, this condition has been met. 14. Compliance Certification: Every permittee who has received a NWP verification from the Corps will submit a signed certification regarding the completed work and any required mitigation. The certification will be forwarded by the Corps with the authorization letter. The certification will include: (a) A statement that the authorized work was done in accordance with the Corps authorization, including any general or specific conditions; (b) A statement that any required mitigation was completed in accordance with the permit conditions; and(c)The signature of the permittee certifying the completion of the work and mitigation. 15.Use of Multiple Nationwide Permits: The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3 acre. 16. Water Supply Intakes:No activity, including structures and work in navigable waters of the United States or discharges of dredged or fill material, may occur in the proximity of a public water supply intake except where the activity is for repair of the public water supply intake structures or adjacent bank stabilization. 17. Shellfish Beds: No activity, including structures and work in navigable waters of the United States or discharges of dredged or fill material, may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWP 4. 18. Suitable Material: No activity, including structures and work in navigable waters of the United States or discharges of dredged or fill material, may consist of unsuitable material(e.g., trash, debris, car bodies, asphalt, etc.)and material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). 19. Mitigation: The project must be designed and constructed to avoid and minimize adverse effects to waters of the United States to the maximum extent practicable at the project site(i.e., on site). Mitigation will be required when necessary to ensure that the adverse effects to the aquatic environment are minimal. 20. Spawning Areas: Activities, including structures and work in navigable waters of the United States or discharges of dredged or fill material, in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., excavate, fill, or smother downstream by substantial turbidity) of an important spawning area are not authorized. 21. Management of Water Flows: To the maximum extent practicable, the activity must be designed to maintain preconstruction downstream flow conditions(e.g., location,capacity, and flow rates). Furthermore, the activity must not permanently restrict or impede the passage of normal or expected high flows (unless the primary purpose of the fill is to impound waters) and the structure or discharge of dredged or fill material must withstand expected high flows. The activity must, to the maximum extent practicable,provide for retaining excess flows from the site, provide for maintaining surface flow rates from the site similar to preconstruction conditions, and must not increase water flows 3 • from the project site, relocate water, or redirect water flow beyond precoristruction conditions. In addition, the activity must, to the maximum extent practicable, reduce adverse effects such as flooding or erosion downstream and upstream of the project site, unless the activity is part of a larger system designed to manage water flows. 22.Adverse Effects From Impoundments: If the activity, including structures and work in navigable waters of the United States or discharge of dredged or fill material, creates an impoundment of water, adverse effects on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the maximum extent practicable. 23. Waterfowl Breeding Areas: Activities, including structures and work in navigable waters of the United States or discharges of dredged or fill material, into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. 24. Removal of Temporary Fills: Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. 25. Designated Critical Resources Waters: Critical resource waters include, NOAA-designated marine sanctuaries,National Estuarine Research Reserves, National Wild and Scenic Rivers, critical habitat for Federally listed threatened and endangered species, coral reefs, State natural heritage sites, and outstanding national resource waters or other waters officially designated by a State as having particular environmental or ecological significance and identified by the District Engineer after notice and opportunity for public comment. The District Engineer may also designate additional critical resource waters after notice and opportunity for comment. (a)Not applicable to NWP 13. (b) For NWP 13, notification is required for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The District Engineer may authorize activities under this NWP only after he determines that the impacts to the critical resource waters will be no more than minimal. Further Information: I. District Engineers have authority to determine if any activity complies with the terms and conditions of a NWP. 2. NWPs do not obviate the need to obtain other Federal, State, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project. 4 NATIONWIDE PERMITS REGIONAL CONDITIONS STATE OF COLORADO OMAHA DISTRICT • Fens Nationwide permits 1,2, 4,6-11, 13-19,21-25,28-31,33-36, 39-44 are revoked fix activities in these regionally important aquatic resources. Fens are defined as wetlands which are characterized by waterlogged spongy ground and contain (in all or in part)soils classified as histosols* or mineral soils with a histic epipedon*. To determine whether this provision applies,the entire wetland must be examined for the presence of histosols or histic epipedons. *Histosols have 40 centimeters(16 inches)or more of the upper 80 centimeters(32 inches) as organic soil material(or less over bedrock). Organic soil material has an organic carbon content(by weight) of 12 to 18 percent,or more,depending on the clay content of the soil. Histic epipedons have a 20 to 60 centimeter-thick(8-24 inches) organic soil horizon that is at or near the surface of a mineral soil. Histosols and histic epipedons are widely recognized as organic soils formed by slow accumulation of plant debris in waterlogged situations where it cannot decompose. (More information on histosols can be obtained from the U.S. Department of Agriculture,Natural Resources Conservation Service publications on Keys to Soil Taxonomy and Field Indicators of Hydric Soils in the United States). �. Springs All nationwide permits are revoked for activities located within 100 feet of the water source of natural spring areas. A spring source is defined as any location where ground water emanates from a point in the ground. Springs do not include seeps or other discharges which do not have a defined channel. Sombrero Marsh Existing revocations of all nationwide permits for the Sombrero Marsh in Boulder County, Colorado,published by Omaha District,Corps of Engineers, remains in effect. This determination includes all new or revised nationwide permits. Central City and Black Hawk The Omaha District, Corps of Engineers has removed the revocation of all nationwide permits within the 11-square mile Central City and Black Hawk area. This action reinstates the use ofall nationwide permits within this designated area. Nationwide Permit 13-Bank Stabilization In Colorado,bank stabilization activities necessary for erosion prevention in steams that average less than 20 feet in width (measured between the ordinary high water marks)are limited to the placement of no more than 1/4 cubic yard of material per running foot below the plane of the ordinary high water mark. Activities greater than 1/4 cubic yard per running foot may be authorized if the permittee notifies the District Engineer in accordance with General Condition No. 13 (Notification)and the Corps determines the adverse environmental effects are minimal. Removal of Temporary Fills • General Condition No. 24(Removal of Temporary Fills)is amended by adding the following: When temporary fills are placed in wetlands in Colorado,a horizontal marker(i.e.,fabric,certified weed- free straw,etc.)must be used to delineate the existing ground elevation of wetlands that will be temporarily filled during construction. Important Spawning Areas General Condition No. 20(Spawning Areas)is amended by adding the following: In Colorado, activities which: (a)would destroy important spawning areas;(b)would be conducted in these waters during spawning seasons for trout and kokanee salmon(spawning season for rainbow and cutthroat trout is from March 15 through July 15,and for brown and brook trout and kokanee salmon is from September 15 through March 15);or(c)have greater than minimal release of sediments during these spawning seasons are not authorized by any nationwide permit. Bioengineering techniques,such as native riparian shrub plantings are required for all bank protection activities that exceed 50 linear feet in important spawning areas. Important spawning areas are identified in the attached list of critical resource waters in Colorado. Additional Information e""` Important Spawning Areas:In Colorado, important spawning waters are defined as "Wild Trout Waters" as identified by the State of Colorado. Wild Trout Waters are listed in the Colorado Fishing Season Information brochure,or a list can be obtained from any Corps office in Colorado. Wild Trout Waters within the Omaha District geographic boundary include parts of the: Cache La Poudre,Laramie River, Middle Fork of the South Platte River,North Platte River,North St. Vrain Creek, South Platte River,and Tarryall Creek. Critical Resource Waters Within Colorado In accordance with General Condition No. 25 (Designated Critical Resource Waters),the following waters within the State of Colorado within the Omaha District geographic boundary are designated as critical resource waters: Outstanding Natural Resource Waters Cache La Poudre Basin: All tributaries to the Cache La Poudre River system, including lakes and reservoirs, within Rocky Mountain National Park Laramie River: All tributaries to the Laramie River system, including all lakes and reservoirs,which are in the Rawah Wilderness Area. North Platte River: All tributaries to the North Platte and Encampment Rivers, including all lakes and reservoirs,which are in the Mount Zirkie Wilderness Area. .- 67Arctif COLORALIO !a Ovum,taverner � (filiP DEPARTMENT OF NATURANATURALRUOURGES ` .... D+VISION OF WILDLIFE a 1) . AN 9gWL QPDQ T NPY IRPL0S Nail than Minus :1/222f a0a0Drwelder Weld County Planning Dept. DOWN.Latent 0021* Far d47/d1!f�- t 6C A0AM 1303)297.1192 For Propk i o 2001 April 36,2001 RECEIVED To Whom It May Conceit': After numerous conversations and site';imdati.uts, Mike Sherman(Habitat Biologist,Colorado Divivron of Wildlife), Courtney Crawford‘d)istrict Wildlife Mangler, Cukrtedo Division of Wildlife)end Fred r;insbera(arta,nay representing Platte Sand A Gravel LLC, S ds H Mine)have come to the following agruomanto and Lae Carlson(U.S. Fish and Wildlife Service)is concurrent whh these agreements, The S 4 H Mine by Platte Sand&Gravel LLC(Division of Minerals and tieokigy Permit Applirntien Consideration M.200-15R)shall makitsin a one-r)unrter mile(0.25)buffer from mining activities from s0 8.,1.1 Liaak winter roost boundaries annually lion November 15 through March 15 fen the Heil his mine. The Bald Eagle winter roost boundarlea are designated on the Vicinity Map attached to a latter sant by the Colorado Divialon of Wildlife to the Dtv(slon of Minerals end Geoloyv (dated March 5, 2001 I and a. a:.daded Mrutdt• Seraiaru 34 end:15,Township 414,'itange 07W, I�nninf; Anlivitics will be allowed to within a one-eighth mile(0.123) buffer from all istd Eagle winter roost boundaries annually from March Id through November 14. 2. Plate Sand&Gravel agrees to G:se.e approainatcly 20.2! acres on their property into a corset..tion esscmcnt as mitigation for acreage impacted by the construction of a future road in the southern portion of the mine she. The impacted acreage is utilized by black-tailed prairie dugs and burrowing owl')and the Colorado N eiliar, ,,f Wildlife will be contacted at the time when the road construction will commence. the exact location of the conservation easem.:nt has vat to by detcr,nunc,t hut may include a combination of upland*, agriculture)lands,and riparian areas. ills enact entity that will hold the conservation easement has yet w Li determined and may include the Celotado Division of Wildlife. the Colorado Division of Wildiifo i9 currently working lb sassy the conservation easement. The exact terms of the conservation easement have yet to be determined but will not utciude any limitariur,a of four,. pi-veto hunting rights on,the cowman. Note:the Colorado Division of Wildlife applauds then efforts taken by Platte Sand&Gravel LLC. Sat tenk../ Mike Sherman Field Habitat Biologist,Colorado Division of Wildlife DEPARTMENT OF NATURAL RESOURCES,Gag E.Mahar,ammo.,Divan WILDLIFE COMMISSION,Rick Enalnre,Char•Robed theemealc VksChW•Midenne Boatsmen ,emretery M•.Ars,a•mwd ewe•Tan sense•Sela dense•Wye LSVSV•Coe Yam's EXHIBIT,,. _ _ IIg " Xcel Energy" Oraaw ow.auona PUBLIC SERVICE COMPANY 15000th Avenue Greeley,Colorado 80831 April 16, 2001 Weld County Planning Dept Weld County Department of Nanning Services :. . 3 23:, Attn: Kim Ogle, Planner 1555 N. 16th Ave. RECEIVED Greeley, CO 80631 RE: Case Number USR-1306, Rocky Moffschneider (Platte Sand and Gravel, LLC) Dear Kim, This was in regards to our my letter to you on February 6, 2001 with concerns with the above mention Case Number. Last Friday, I mot with Stevan O'Brian of Environment, Inc. and Sharyn Frazer of AgPro Environmental Services representing of the proposed Platte Sand and Gravel, LLC and they have assured me that any problems or concerns will bo addressed. 1 will prepare any necessary Licenses between Public Service Company of Colorado and said Platte Sand and Gravel. If you have any questions, please call meat(970) 395-1229. D gia . Dalton reject Land Rights Agent Xcel Energy 55015th Street Greeley, CO 80631 Cc: Stevan O'Brian v Sharyn Frazer Office File EXHIBIT ill[S6 05/23/01 09:46 $9705561111 THE LAW BUILDING 4-r4 WELD PLANNING IJ001/005 • Weld County Planning Dept. LIND, LAWRENCE & OTTENHOFF LLP ATTORNEYS AT LAW RECEIVED THE LAW BUILDING 1011 ELEVENTH AVENUE P.O.Max 326 GREELEY.COLORADO 80631 GEORGE H.OTTENHOFF KENNETH F.LIND TELEPHONE KIM R.LAWRENCE (670)358-9160 (970)353-2323 P.ANDREW JONES TELECOPIER RICHARD T.LIPUMA (970)356-1111 paygloraw.wm May 22, 2001 Ms. Kim Ogle VIA FAX NO. 304-6498 Planner II Weld County Department of Planning Services 1100 10th Greeley, CO 80631 Re: Platte Sand and Gravel, LLC Dear Ms. Ogle: I am in receipt of your fax of May 18, 2001, as well as Frederick Ginsberg's May, 15, 2001 letter to Lee Morrison. Western Mutual Ditch Company offers the following comments: After months of "negotiations" in which Platte Sand and Gravel feigned a desire to cooperate with Western Mutual Ditch Company regarding the crossing and de-watering issues, Platte "unilaterally withdrew" from negotiations with Western on May 16, 2001, days after Platte's counsel had submitted final agreements to Western with instructions for Western to sign. I have attached a copy of a letter I wrote to the Division of Minerals and Geology seeking intervention in the 112 permit proceedings which more fully summarizes the developments of the last week in that regard. Needless to say, Western Mutual's concerns with Platte's project have not yet been addressed, and Western therefore opposes Platte's efforts to obtain a use by special review permit. Specifically, Platte may not invade the established easement of the Western Mutual Ditch without Western's consent. Any invasion of the ditch easement without license constitutes an "irreparable injury," and warrants issuance of a temporary restraining order and preliminary injunction. See Kane v. Porter, 77 Colo. 257, 258, 235 P.2d 561, 561 (Colo. 1925). Even if the structure installed does not literally enter the portion of the ditch that water flows through, it could very well affect the stability of the banks, and hinder maintenance and/or reconstruction of the ditch when needed. For instance, how would F:W M\W ESTERN.MUT8eUers\D10522 Ogle.wpd EXHIBIT 05/23/01 09:46 $9703561111 THE LAW BUILDING +4-4 WELD PLANNING IJ002/005 • • Ms. Kim Ogle May 22, 2001 Page 2 • Western dredge the ditch bed using a backhoe, if Platte has installed a structure preventing access to the ditch bed? Western will oppose any construction in the ditch easement both in the USR proceeding and in Weld County District Court, if necessary. With regard to de-watering, Platte's own engineer has recommended that de-watering be limited to a one acre parcel at a time, that de-watering occur in months outside the irrigation season, and as far from the ditch as possible, yet Platte is unwilling to agree to these terms. In essence, Platte wants to reserve the right to de-water in a manner inconsistent with its own engineer's recommendations. As you know, de-watering could significantly affect the Western Mutual Ditch to the detriment of shareholders. Western will continue to oppose Platte's USR application until these issues are addressed. You may address all USR notices to this firm, to my attention. If a hearing or meeting is scheduled to discuss these issues, please notify me so that I may attend on behalf of Western. Sincerely, LIND, LAWRENCE & OTTENHOFF, LLP P. Andrew Jo s PAJ:mt cc: Frank Eckhardt F:\KIM\WESTERN.MUTVetters‘O10522 Ogle.wpd 05/23/01 09:47 $9703561111 THE LAW BUILDING •-. . WELD PLANNING O003/005 Weld County Planning Dept. LIND, LAWRENCE & OTTENHOFF LLP ` ' 21,Gt ATTORNEYS AT LAW RECEIVED THE LAW BUILDING 1011 ELEVENTH AVENUE GREELEY,COLORADO 80691 GEORGE H.OTTENHOFF TELEPHONE KENNETH F.LIND KIM R.LAWRENCE (970)356-9160 (VD)353-2323 P.ANDREW JONES TELECOPIER RICHARD T, LIPUMA (970)988.1111 kim®edaw.mm May 18, 2001 Mined Land Reclamation Board c/o Ms. Erica Crosby VIA FAX 303-832-8106 Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, room 215 Denver, CO 80203. Re: Platte Sand and Gravel, LLC., File No. M-2000-158 r^^ Dear Board Members, In addition to representing Michael Ptasnik, a party to this proceeding, this firm represents Western Mutual Ditch Company (hereinafter "Western" or the "Company"), whose ditch borders the proposed gravel mining site. Western Mutual is not currently a party. This letter will constitute a request, pursuant to Rule 2.7.2, Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials, to admit Western Mutual for the purposes of appearing before the hearing scheduled to occur before the Mined Land Reclamation Board May 23 and 24, 2001. Rule 2.7.2 provides that "At the Board Hearing, subsequent to the pre-hearing conference, the Board....may admit any person to the hearing for limited purposes." Because of the proximity of the Western Mutual Ditch to the proposed mining area, the Ditch will be dramatically impacted by the Applicant's activities, unless provisions are placed in the 112 permit to protect the hydrological integrity of the groundwater regime and the structural integrity of the Ditch. The water rights flowing the Western Mutual Ditch are senior in priority and are extremely valuable both from a monetary standpoint and as a practical matter to the farmers who use them for irrigation. Any dewatering activities conducted by the Applicant could literally take water from the Ditch, as groundwater levels recede,and cause significant damage to shareholders. In addition,mining inclose proximity could threaten the structural integrity of the Ditch, as could use of the Ditch access road by heavy equipment. The rationale does not specifically discuss the impact of Applicant's F:IKIMWWESTERN.MUTWPIatte Sand\010517 MLRB.wpd EXHIBIT 1 121 05/23/01 09:47 $9703561111 THE LAW BUILDING 4-.-. WELD PLANNING 13004/005 proposed activities on the Ditch. To the extent the dewatering issue is addressed in general sense, the recommendations are so general so as to provide very little real protection for Western or its shareholders. Western has not appeared as a party to these proceedings because, from the earliest contact Western had with the Applicant, the Applicant expressed a desire to work with Western, and assured Western that its concerns regarding the hydrological and geophysical impacts of the proposed mining activities would be addressed in the form of an agreement between Western and the Applicant. Western proceeded in good faith based upon the Applicant's assurances, and even signed a waiver of 20 day notice in order to accommodate the Applicant's prosecution of the permit application. Since March, the Applicant and Western have been exchanging drafts of the proposed agreement, and as late as May 10, 2001 counsel for the Applicant, Frederick Ginsberg, forwarded a proposed agreement he represented his client was willing to sign. The changes that were discussed in the correspondence between the parties were minor - the Applicant cultivated the impression that the major issues had been resolved, and that only minor issues remained. Then, on May 16'h, before Western had responded to Mr. Ginsberg's latest draft, he forwarded a letter to Western's counsel stating that the Applicant would not enter an agreement of any kind with Western. The Applicant's establishment of a "working" relationship with Western, followed by the abrupt withdrawal of all cooperation within 5 days of the 112 hearing lead Western to conclude that the Applicant purposefully misled the Company until it determined that it was too late for Western to intervene in the 112 proceeding, then abandoned all pretense of cooperation. The Applicant should not be rewarded for these tactics. Given the gravity of the potential hydrological and structural impacts of applicant's Plan on the Ditch, and the apparent bad faith of the Applicant in this matter, the Board should exercise its discretion under Rule 7.2.5 to allow Western to appear at the hearing and present its concerns. At the hearing, Western will proposed the following limitations on the Applicant: 1. Area of dewatering less than 1 acre on the entire property at any given time; 2. Dewatering to occur as close the South Platte River and as far from the Ditch as possible; 3. Mining depth during dewatering limited to 15 feet below the static water level; 4. No dewatering between March 15 and October 16 of any given year without Western's express permission; 5. No water to be discharged to the Western Mutual Ditch; 6. Applicant installs two measuring weirs and clocks prior to the commencement of dewatering to measure the effect of dewatering activities on the Ditch; 7. Applicant to pay damages, including attorneys fees and costs, in the event of any injury to the Ditch or its shareholders; 8. No mining activity within 150' of the Ditch ^'� F:UCIMIWESTERN.Ml1TWlatte Sand1010517 MLRB.wpd 05/23/01 09:48 $9709561111 THE LAW BUILDING ++-. WELD PLANNING Z1005/005 9. No use of Ditch access road without Western's express permission. I will appear on behalf of Western and will call Forrest Leaf, P.E„ as an expert witness, and Frank Eckhardt, or another Western Mutual Ditch Company representative, to testify as to the structure and location of the ditch in relation to applicant's proposed mining activities. My presentation will be limited to 30 minutes on behalf of Western. Sincerely, LIND, LAWRENCE & OTTENHOFF LLP cc Frank Eckhardt ✓ P. Andrew Jones F:UQMIWESTERN,Ml1TPlatte Sand1010517 MLRB.wpd BEN NIGHTHORSE CAMPBELL L.5-52 3 6/ COLORADO United *tates *enate WASHINGTON, DC 20510-0605 Weld May 21 , 2001 °�ntyplanningDePt, 22001 Weld County Commissioners R E CEI 915 to h ED Greeley , Colorado 80631 Dear Commissioners : I recently received the attached communication from a constituent. After reviewing her concerns , it appears there is no federal jurisdiction , and therefore they are outside of my purview. In an effort to be responsive to these concerns , I am forwarding this matter to your office as you are in the best position to offer advice or assistance on this issue. I will inform the constituent of this referral and to look to your office for further response. Thank you for your cooperation . Sincerely , : en ighthorse Campbell U . . Senator BNC : kj EXHIBIT 6950 E.BELLEVIEW AVENUE 3500 JOHN F.KENNEDY PARKWAY ASPINALL FEDERAL BLDG. 212 NORTH WAHSATCH AVENUE 503 N.MAIN STREET SUITE 200 SUITE 209 400 ROOD AVE.,ROOM 213 SUITE 203 SUITE 648 GREENWOOD VILLAGE,CO 80111 FORT COLLINS,CO 80525 GRAND JUNCTION,CO 81501 COLORADO SPRINGS,CO 80903 PUEBLO,CO 81003 303/843-4100 970/206-1788 970/241-6631 719/636-9092 719/542-6987 PRINTED ON RECYCLED PAPER May 16, 2001 Senator Ben Nighthorse Campbell 3500 JFK Parkway, Suite 209 Fort Collins, CO 80525 Dear Senator Campbell: I visited your District office in Fort Collins, Colorado last week, and your District Director, Keith Johnson, requested that I put our concerns and requests in writing. Platte Sand and Gravel, a newly created Limited Liability Company, is proposing to operate a gravel mine and several heavy industrial production plants along the South Platte River west of Gilcrest and Platteville, Colorado. Platte Sand and Gravel, LLC has applied for a 112 Permit from the State of Colorado's Division of Minerals and Geology, and a Use by Special Review Permit from Weld County, Colorado. There is strong local opposition to these permit applications. I have enclosed a letter that my husband and I propose to send to Weld County Planning Services, the Weld County Planning Commission, the Weld County Board of Commissioners, et cetera. I believe that our letter will give you all the details you need to understand the situation. Platte Sand and Gravel has asked for an indefinite continuance on the County permit so•that they can concentrate on the State permit. The final hearing on the State permit is scheduled for next Wednesday, Mav 23, 2001. We realize that as a U. S. Senator you have no federal jurisdiction in this situation. However, you have vast influence as a U. S. Senator and also as a Cheyenne Indian,whose ancestors lived and hunted on these properties. We believe that you have more influence than the other Arapaho, Cheyenne and Shoshoni Indians who have been suggested to us for assistance with this situation. It is vitally important that a Cultural Resources Survey of this property and the surrounding properties be conducted by the Colorado Historical Society in order to stop the issuance of these permits, and designate this property as a National Historical Indian Site, a wildlife refuge, et cetera. Mr. Johnson told me about the help David Hallis, the State Historian, was to you on the Sand Creek Massacre National Historical Site, and that you could possibly get Governor Owens interested in this particular site and its preservation. Please help us save and protect this valuable site and the other adjacentprehistoric, historical and archaeological sites. Thank you. Sincerely, -04_0(a_ Nancy L ishe 9224 H y 66 Plattevil e, C 80651-9112 i-. 970-785-064 May 15, 2001 Kim Ogle, Planner Weld County Planning Services 1555 North 17th Avenue Greeley, CO 80631 RE: Use by Special Review Permit, USR 1306 S &H Gravel Mine, Weld County Colorado Platte Sand and Gravel, LLC, Owner/Operator Dear Mr. Ogle: We oppose the issuance of a Use by Special Review Permit to Platte Sand and Gravel, LLC (Tom Sharkey and Krystal Hoffschneider) that would allow them or any prospective leaseholders, buyers, et cetera to create S &H Gravel Mine or any other mine, and thereafter allow any parties or entities to mine 850± acres of ground and operate a gravel plant, an asphalt batch plant, a concrete batch plant, an asphalt and concrete recycling plant, and a pre-cast concrete manufacturing plant on those parts of Sections 26-T4N-R67W, 34-T4N-R67W, 35- T4N-R67W and 2-T3N-R67W southeast or east of and adjacent to the South Platte River; and a railroad load-out yard in that part of Section 26-T4N-R67N northwest of and adjacent to the South Platte River; and any other non-agricultural activities in that part of Section 23-T4N- R67W northwest of and adjacent to the South Platte River, which are northwest of Platteville and west of Gilcrest in Weld County, Colorado. We request that the Weld County Planning Commission and the Weld County Board of Commissioners deny this permit. The proposed mining and the non-agricultural and heavy industrial production operations and other uses of this property violate the Comprehensive Plans of Platteville, Gilcrest, Milliken and Weld County which are designed to protect agricultural land and water and preserve them for agricultural use. This property is not zoned for non-agricultural and heavy industrial production operations and other uses. In addition to the United States Department of Agriculture (USDA) Soil Conservation Service Soil Survey Sheets (Numbers 13 and 14) depicting the Johnstown and Milliken Quadrangles of Weld County South, the Official Prime Farmland Map of Weld County (prepared by the USDA Soil Conservation Service and the Colorado State University Experiment Station and other cooperating agencies) shows that a good portion of Section 26-T4N-R67W south and east of the South Platte River and parts of Section 35-T4N-R67W and Section 2-T3N- R67W are prime farmland. In their application Platte Sand and Gravel, LLC erroneously states that said property is not prime farmland. Using prime farmland for non-agricultural activities. that is the heavy industrial production operations stated in this application, flagrantly violates Weld County's Comprehensive Plan. Furthermore, the proposed non-agricultural and heavy industrial productions operations and other uses violate the Intergovernmental Agreements between these same government entities and it violates Federal laws, State statutes and County codes and ordinances, et cetera. For specific violations please refer to the United Neighborhood Response and attachments, dated 02/05/01, along with the responses from other individuals, agencies, towns, et cetera who are opposed to this permit. In their application Platte Sand and Gravel, LLC proposes a designated haul route, which would put approximately 150 gravel trucks on Highway 66 (SH 66) and the connecting county roads at least twice a day, six days a week based on the production figures stated in the application. While some people were projecting as many as 24 trips a day, Tom Sharkey, a partner in Platte Sand and Gravel, LLC, admitted at one of our neighborhood meetings that a gravel truck will leave and/or enter the mine site every four minutes. Using the designated haul route, these gravel trucks will enter and exit SH 66 at the intersection of WCR 21 (in an attempt to avoid the port of entry on SH 85). We live on SH 66 between WCR 19 and WCR 21, which is also between Interstate 25 (I-25) and Highway 85 (SH 85). At the present time it is very difficult for us to cross SH 66 on foot to retrieve our mail out of our mailbox because of the already excessive amount of traffic on SH 66. Furthermore,we are currently experiencing extreme difficulty pulling into our driveway from SH 66 and out of our driveway onto SH 66 in either direction. On several occasions we have almost been rear-ended or hit broadside when pulling into our driveway by traffic behind us and we have almost been hit head-on after pulling onto SH 66 by passing vehicles. There are very narrow and very steep shoulders adjacent to and close to our property along SH 66 between 1-25 and SH 85, and the barrow ditches are used for irrigation runoff. There is nowhere to go to avoid collisions except into these steep, water-filled ditches that pose a high risk of severe or fatal injury. We have to caution everyone, who visits us or brings services to us, about this dangerous situation because other people have also had close calls trying to use our driveway. All of the residents along SH 66 between I-25 and SH 85 experience the same or similar problems. Furthermore, the State of Colorado does not own the right-of-way to widen these shoulders, they do not have the financial where-with-all to purchase right-of-way and such a project is not on their current project agenda. According to the Colorado Department of Transportation (CDOT) nothing is going to be done to improve the safety problems already existing on SH 66. Additionally, the Varra Gravel Pit is about %of a mile west of our residence—the impact of this additional traffic is phenomenal. Besides Platte Sand and Gravel, LLC's gravel pit, a second gravel pit is proposed to the north of the Varra Gravel Pit across SH 66, and a third gravel pit is proposed to the east and/or south of Varra Gravel Pit. Adding more gravel trucks to the already excessive traffic on SH 66 will only worsen the safety problems and increase the death toll. SH 66 is one of the worst highways in Weld County for traffic accidents—several traffic fatalities have occurred at the intersections of SH 66 and WCRs 13 and 19. There are no acceleration, deceleration or left-hand turn lanes at the intersection of SH 66 and WCR 21 and the shoulders are very steep. The intersection of SH 66 and WCR 21 will become another death trap if Platte Sand and Gravel, LLC's designated haul route and permit are approved. Alternate haul routes to and from Platte Sand and Gravel, LLC's properties will have the same adverse effects and consequences on SH 60, SH 85 and other county roads. The county residents living along other portions of the designated and alternative haul routes and the school buses and school children along the designated and alternative haul routes will be endangered by the increased heavy industrial truck traffic. The current State and County road systems and conditions cannot handle and will not hold up to this additional heavy industrial truck traffic. Both CDOT and Weld County Public Works (WCPW) are concerned about the additional traffic on the designated haul route and alternative haul routes and the safety hazards that they pose to other travelers. There are no acceleration, deceleration or left-hand turn lanes along the designated haul route, there are insufficient turning radii at the intersections along the designated haul route, and there are other problems including the proximity of a county bridge to 2 the intersection of WCRs 23 and 32 '/2, along with the proximity the proposed bridge over the Western Mutual Ditch at the corner of WCRs 23 and 36 and the insufficient turning radius. Both CDOT and WCPW are aware of and concerned about the problems related to the designated haul route and their referral letters have been returned to Weld County Planning Services. WCPW and their Traffic Engineer, in conjunction with CDOT, have requested that a traffic study be completed for the designated haul route and alternate routes from Platte Sand and Gravel, LLC's properties. We request that this traffic study be completed before this application goes before the Weld County Board of Commissioners. We also request that this traffic study become a part of the public record so that all of the concerned county residents will have sufficient time to respond to the results before the Board of Commissioner's hearing. This permit should not be approved because of these traffic and safety issues. There are right-of-way and access issues at the south end of theproperties owned Platte Sand and Gravel, LLC, where they propose to build a bridge over the Western Mutual Ditch. The current owner(s) of the southernmost end of Platte Sand and Gravel, LLC's properties and/or their leaseholder(s) employees, et cetera are currently infringing on the adiacent property owners' right-of-way and they are violating the access rights of their neighbors by trespassing on their property—they are using Western Mutual Ditch Company's ditch road as a driveway to the residence owned by Krystal Hoffschneider, instead of using the oil and gas roads as platted and deeded. After using Weld County plat maps and property deeds to research the right-of-way and access rights for these properties, we believe that a bridge cannot be legally built across the ditch at the "L"intersection of WCRs 23 and 36 in line with WCR 23. Weld County does not have right-of-way west of the corner of WCRs 23 and 36 (between Sections 2 and 11 of T3N-R67W) —this right-of-way was deeded back to the landowners. It also appears that Weld County does not have right-of-way north of the corner of WCRs 23 and 36 (between Sections 1 and 2 of T3N- R67W)proceeding north to the"L" intersection of WCRs 23 and 38. There has never been a north-south county road between Sections 1 and 2 from WCR 36 to WCR 38 or visa versa. We have notified the Western Mutual Ditch Company and WCPW about our concerns regarding this litigious situation. Additionally, on the Weld County Road Access Information Sheet included with the mining application only the Residential/Agricultural, Permanent and Other boxes were checked. We feel that the Commercial and Industrial boxes should also have been checked by the applicant because of the non-agricultural and heavy industrial production operations and other uses that are included in this mining application. This permit should not be approved because of these right-of-way and access issues. We are opposed to this application for several other reasons including,but not limited to, the depletion of the water levels of the South Platte River; water table and aquifer depletion and its effects on the domestic and agricultural wells on adjacent properties; ground water, aquifer, river and soil contamination; waste containment; noise, dust and exhaust pollution; the unwarranted length of the permit; et cetera. Many of the individual letters of opposition and the neighborhood letter of opposition go into further detail about these and various other issues. However, we are especially concerned about the results of studies performed by Forrest Leaf, a water engineer, which prove that dry mining on Platte Sand and Gravel, LLC's properties will dry up approximately 30 domestic and agricultural wells on the adjacent properties. At one of the neighborhood meetings regarding his multi-use application Tom Sharkey made it very clear to the adjacent property owners that he had no intentions of making reparations for damage to the 3 their wells as a result of his mining operations. We are also very concerned about the effect this mining operation will have on Xcel Energy's Fort St. Vrain power plant across the South Platte River from Platte Sand and Gravel, LLC's properties. The power plant management has been concerned for some time about the water levels of the South Platte River in low water years as a result of insufficient precipitation from rain and snowfall, along with increased industrial impacts on the river upstream. The power plant's management realized some time ago that they need additional water storage pits in order to have enough water to operate in low water years. This concern has been magnified by Platte Sand and Gravel, LLC's application and reclamation plans for their adjacent properties, which will place further burdens on the river's water supply. The continuous series (or chain) of nine gravel pit ponds created by Platte Sand and Gravel, LLC's mining operations will lower or deplete the South Platte River's water levels in the immediate vicinity, which will cause severe operational problems for the power plant. The St. Vrain power plant must have sufficient river water to continue operating, and Colorado needs the power provided by the Fort St. Vrain power plant. None of us want to see the power shortages that are taking place in California and elsewhere. We need the Fort St. Vrain power plant and the power it produces worse than we need another gravel pit that will jeopardize the power plant's future operation and existence. Xcel Energy's right to the South Platte River's water should take precedent in this situation. This permit should not be approved because of all these environmental issues. Furthermore,the properties in question, a three-mile-plus stretch of fertile river bottom, is the home of bald eagles, golden eagles, other raptors and many other species of wildlife. The current habitat on these properties includes vital wetlands and riparian areas for various species of plants and animals. The proposed mining and the non-agricultural and heavy industrial production operations will destroy the wildlife habitat, wetlands and riparian areas, and as a result several species of animals and plant life will be endangered and/or destroyed. The proposed mining and the non-agricultural and heavy industrial production operations will chase off the wildlife, especially the bald eagles, which will further threaten and endanger their existence as a species and our national symbol. The referral letter to the U.S. Fish and Wildlife Service from the Colorado Natural Heritage Program at Colorado State University is not site- specific. A site-specific study needs to be conducted before any permits are approved. This permit should not be approved because of the threat to protected wildlife, wetlands and riparian areas. Additionally, we conducted our own historical document research regarding these properties. The referral letter to the State of Colorado Division of Minerals and Geology from the Colorado Historical Society is not comprehensive in its detail of the historical sites on Platte Sand and Gravel, LLC's properties, and it only identifies 5WL870, a historical road (probably the Overland Stage route), and 5WL814, the 1837-1846 Fort St. Vrain Fur Trading Post (aka Fort Lookout and Fort George) built by William and George Bent and Ceran St. Vrain of Bent, St. Vrain and Company, and operated by Marcellaine St. Vrain. These properties are also the site of an Overland Stage Stop; a vital connection on Uncle Dick Wooten's private courier route between Bent's Fort on the Arkansas River in southern Colorado and Fort Laramie on LaRamee's Fork in Wyoming and the resulting Pony Express operations; the town of St. Vrain; one of the first Weld County Post Offices; and the self-proclaimed 24 square-mile St. Vrain County, Jefferson Territory(as opposed to St. Vrain County, Nebraska Territory), which was the 4 forerunner of Weld County, Colorado where the first Weld County Court House was built. Besides the Overland Stage Route (aka Old Stage Road) the property was traversed by the Trapper's Trail (aka Cherokee Trail or Taos Trail); the St. Vrain, Golden City and Colorado Wagon Road Company's toll road (aka the Territorial Highway) to Fort Junction (near present- day Del Camino), Golden and the gold mines of Colorado and California; a ferry and bridge crossing on the South Platte River from Fort St. Vrain in the 1860s; and the 1867 Wells Fargo Route (aka Platte River Road). In 1843 on his second expedition through the area Colonel John C. Freemont was accompanied by the famous scouts and guides, Kit Carson and Thomas "Broken Hand"Fitzpatrick who was later named the Indian Agent and sole commissioner for the Bureau of Indian Affairs; and William Gilpin, the future governor of Colorado. This area was the ancestral home and hunting grounds of the Arapaho and Cheyenne Indians. A council of the Arapaho and Cheyenne Indians was called at Fort St. Vrain to ratify the changes made by Congress to the Fort Laramie Treaty. This site is rich with frontier historical events. In 1967 Otero Junior College, under the direction of Archaeologist Galen Baker, conducted an archaeological dig at the site of Fort St. Vrain, and artifacts from various levels of human occupation were found and cataloged. An electro-magnetic photo field study was also completed at the Fort St. Vrain monument site on 06/17/87, which revealed that the fort and town site is much larger than the one-acre plot recently deeded by Weld County to the Platteville Historical Society, and that there are unmarked human gravesites located on this property. According to local historical documents one of Marcellaine St. Vrain's Indian wives (or his squaw) and her baby were murdered by the Arapaho Indians and buried on this property, which precipitated St. Vrain's revengeful massacre of approximately 50 Arapaho Indians, whose graves are unmarked. The entire family of Arapaho Chief Friday was killed in the massacre and Chief Friday returned to Fort St. Vrain yearly to mourn his dead at this sacred site. According to the 1870 census, the Town of St. Vrain grew to a population of 240, and its residents also buried their dead on this property. As addressed latter in this letter all the graves are unmarked and protected by law. We request that the Colorado Historical Society conduct a Cultural Resources Survey of these properties and the surrounding properties before any permits are approved. The sections of ground that need to be included in the Cultural Resources Survey are: Sections 13, 14, 15, 22, 23, 24, 25, 26, 27, 34, 35, 36 of T4N-R67W and Sections 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, 15 and 16 of T3N-R67W. Furthermore, we request that DU Anthropologist Larry Conyers (or someone of like expertise) conduct a ground penetration radar study to determine where the unmarked graves, archaeological resources, et cetera are located on Platte Sand and Gravel, LLC's properties before any permits are approved and before any mining or any other excavation, et cetera occurs. Additionally, all mining and heavy industrial production use permits for this property should be stayed so that these properties can be properly investigated for potential designation as a National Historic Indian Site. The farming, ranching and other agricultural activities of the last 165 years have had no adverse effect on these properties—these properties still resembles what they looked like during the fur trapping era and before. The proposed mining and the non-agricultural and heavy industrial production operations will endanger and destroy this historic site, and they will denude the lush river bottom that existed before its purchase by Platte Sand and Gravel, LLC. The unsightly, man-made gravel pit ponds that will be left behind will forever change the beautiful river valley where Columbian mammoths and bison actually roamed; where prehistoric Indians hunted and 5 buried their dead; where mountain men and Plains and Mountain Indian tribes came to camp and trade their beaver pelts and buffalo hides at the scenic adobe trading post on the river's east bank in the 1830s and 40s; where Arapaho Indians were massacred; where Colonel John C. Fremont and other explorers used the river bottom as campsites and the`jumping-off'point for their expeditions; where gold seekers and immigrants in their Conestoga wagons sought refuge, fresh stock and a river crossing at the reopened trading post in the 1850s; where the residents of the platted town of St. Vrain lived and buried their dead; where ranchers and farmers raised their crops and cattle; and where Weld County built its first seat of government. Many historic events have occurred on this property and it is a valuable part of our heritage and Colorado's history. Initially, it was thought that the entire town site of Fort St. Vrain should be deeded over to the Platteville Historical Society by Platte Sand and Gravel, LLC as a mitigation concession. However, after further investigation of Weld County ordinances, it is now felt that 80 acres or more should be deeded over to the Platteville Historical Society because they cannot legally reconstruct Fort St. Vrain and/or build a visitor's center on less than 80 acres. Furthermore, a wildlife refuge would be a more appropriate use for the remainder of this 3-mile-plus stretch of ground. This property should not be raped and pillaged by Platte Sand and Gravel, LLC or any other companies or individuals having the same unacceptable intentions and designs. Additionally, a prehistoric Early Ceramic or High Plains Woodland Indian burial site(5WL1813% the Ehrlich Burial site), lithic tools and an Early Plains Woodland projectile point base were found in the northwest part of Section 26-T4N-R67W, which is one of the northernmost sections of the five sections included in said property, and where the remains of a 1900-year-old male and female Indian were extracted and repatriated to Colorado's Indians for burial in a private Indian graveyard. Additionalprehistoric Indian gravesites remain in the bluffs and under the railroad tracks at this site. As mentioned, other unmarked graves (both Plains Indians and European immigrants) are located on the same section, Section 26-T4N-R67W, near the site of the historic fur trading post. Furthermore, this property is surrounded by prehistoric and archaeological sites on adjoining properties in Sections 13-T4N-R67W (5WL1808, the Dent, Colorado Columbian Mammoth and Clovis Point site), 23-T4N-R67W, 24-T4N-R67W, 27-T4N-R67W, 34-T4N-R67- W, 3-T3N-R67W, 4-T3N-R67W, 9-T3N-R67W and 10-T3N-R67W (5WL1809, 5WL1810, 5WL1811, 5WL812, 5WL813). In 1932 the first remains of Columbian mammoths within the United States were found at Dent, Colorado, which is downstream from Platte Sand and Gravel, LLC's properties. Eleven 11,000-year-old mammoths and at least three Clovis points have been excavated from the Dent site. Other mammoth skeletons still remain in the terraces of the bluffs and under the railroad tracks at the Dent site, and additional prehistoric Indian gravesites remain in the bluffs and under the railroad tracks at the other sites mentioned. According to UNC Professor Robert Brunswig, Jr., an Anthropologist and local expert on the Dent and the five other archaeological sites, the likelihood of the existence of other unmarked Indian gravesites and artifacts and other prehistoric and archaeological resources on Section 26-T4N-R67W and the other four sections, Sections 23-T4N-R67W, 34-T4N-R67W, 35-T4N-R67W and 2-T3N-R67W of Platte Sand and Gravel, LLC's properties are extremely high. Additionally, Diane France, the Director of CSU's Laboratory For Human Identification, excavated an Indian ossuary (burial) site south of the confluence of the St. Vrain and South Platte Rivers adjacent to Platte Sand and Gravel, LLC's property in recent years. The referral letter from the Colorado State Historical Society does not identify the prehistoric or archaeological sites of 5WL1808, 5WL1809, 5WL1810, 5WL1811, 5WL812, 5WL813 and other sites mentioned to the south of these 6 registered sites. Other known prehistoric and archaeological sites have already been destroyed by oil and gas operations according to Professor Brunswig. This entire area is a prehistoric, historical and archaeological treasure that should not be endangered or destroyed by mining operations and excavation. The proposed railroad haul-out yard on this property will endanger and/or destroy the existing prehistoric Indian gravesites and artifacts at the Ehrlich site. Furthermore, the railroad and its right-of-way are privately owned by Xcel Energy(Fort St. Vrain power plant), and Platte Sand and Gravel, LLC does not have permission or the right to use that railroad to haul out their sand, gravel, et cetera. Additionally, the mining excavation of the remainder of this property(using bulldozers, draglines, scrapers, dredges, et cetera) will destroy any Columbian mammoth remains and other unmarked Indian gravesites and artifacts and other prehistoric, historical and archaeological resources on this property. This application completely overlooks the existing and registered unmarked prehistoric Indian graves and artifacts and other unmarked human gravesites along with the existence of the known prehistoric, historical and archaeological sites, and the unmarked graves and sacred sites. This application completely overlooks the Federal laws, State statutes and County ordinances, et cetera passed to protect and preserve such resources from excavation, destruction, desecration, et cetera. Again, a Cultural Resources Survey of the area and a ground penetration radar study should be performed on this property before any permits are approved, and all permits should be stayed so that this property can be investigated for designation as a National Historic Indian Site. We are very concerned that this application does not address Platte Sand and Gravel, LLC's compliance with the following Federal laws, regulations and standards: • American Antiquities Act of 1906 (16 USC 431-433) • American Indian Religious Freedom Act of 1978 (42 USC 1996 and 1996a) • Archaeological and Historic Preservation Act of 1974 (16 USC 469-469c) • Archaeological Resources Protection Act of 1979, as amended (16 USC 470aa-mm) • Bald Eagle Protection Act of 1940 (16 USC 668-668d) • Endangered Species Act of 1973, as amended (16 USC 1531-1543) • Historic Sites, Buildings, Objects, and Antiquities Act of 1935 (16 USC 461-467) • Migratory Bird Treaty Act of 1918 (16 USC 703-711) • Museum Properties Management Act of 1955 (16 USC 18) • National Environmental Policy Act of 1969 (42 USC 4321) • National Historic Preservation Act of 1966, as amended (16 USC 470-470t, 110) • Native American Graves Protection and Repatriation Act of 1990 (25USC3001-3013) • 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property(19 USC 2601) • Historic Preservation Requirements of the Urban Development Action Grant Program (36 CFR 801) • National Historic Landmarks Program (36 CFR 65) • National Register of Historic Places (36 CFR 60) and Determinations of Eligibility for Inclusion in the National Register (36 CFR 63) • Native American Graves Protection and Repatriation Act: Final Rule (43 CFR 10) • Preservation of American Antiquities (43 CFR 3) 7 • Procedures for State, Tribal, and Local Government Historic Preservation Programs (36 CFR 61) • Protection of Archaeological Resources (43 CFR 7) • Protection of Historic Properties (36 CFR 800) • Guidelines for Federal Agency Responsibilities, Under Section 110 of the National Historic Preservation Act, Preparation of Environmental Impact Statements: Guidelines (40 CFR 1500) • The Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation [as amended and annotated] • The Secretary of the Interior's Proposed Historic Preservation Professional Qualification Standards • The Secretary of the Interior's Standards for Rehabilitation (36 CFR 67) • The Secretary of the Interior's Standards for the Treatment of Historic Properties (36 CFR 68) • Executive Order No. 11593 Protection and Enhancement of the Cultural Environment (1971) • Executive Order No. 13007 Indian Sacred Sites (1996), et cetera. Before any permits are approved Platte Sand and Gravel, LLC should be required to address their compliance with these and any other applicable Federal laws, et cetera. We are also very concerned that this application does not address Platte Sand and Gravel, LLC's compliance with Colorado's Revised Statutes: • Concerning The Preservation of Historical, Prehistorical, and Archaeological Resources of Colorado (CRS 24-80-401....) • Unmarked Human Graves (CRS 24-80-1301....) • Desecration of Venerated Objects (CRS 18-9-113....) Before any permits are approved Platte Sand and Gravel, LLC should be required to address their compliance with these and any other applicable State statutes, et cetera. Additionally, The Weld County Chapter of the Daughters of the American Revolution(DAR) is in the process of getting the Fort St. Vrain DAR monument placed on the National Register of Historical Places. Weld County very recently deeded the one-acre site where the DAR marker is located to the Platteville Historical Society. Therefore, as residents of Weld County we request under CRS 24-80-407 that the State Historical Society and the Office of the State Archaeologist prevent the construction of any roads and all other construction activities on the properties owned by Platte Sand and Gravel, LLC and their agents, leaseholders, et cetera along with any other individuals, corporations, et cetera that might in any way involve historical, prehistorical and archaeological resources of the State of Colorado. Under Chapter 192 Part 13 UNMARKED HUMAN GRAVES of the Colorado Revised Statutes, 24-80-1305 Violation and Penalty. (1) states, "Any person who knowingly disturbs an unmarked human burial in violation of this part 13 commits a class 1 misdemeanor and shall be punished as provided in section 18-1-106, CRS." In the preceding paragraphs we have put Platte Sand and 8 Gravel, LLC, the Weld County Planning Commission and the Weld County Board of Commissioners on notice of the existence of unmarked graves and sacred sites on the properties in question. The moment that Platte Sand and Gravel, LLC begins any excavation on this property we, the surrounding neighbors who have knowledge that unmarked human burials are being unlawfully disturbed on said property, are bound by CRS 24-80-1305 (2)to notify the local law enforcement agency with jurisdiction in the area where the unmarked human burial is located. Our failure to notify the local law enforcement agency makes us guilty of committing a class 2 misdemeanor that is punishable under section 18-1-106, CRS (also see CRS 18-9-113 Desecration of Venerated Objects. (1) (b) EXCEPT AS OTHERWISE PROVIDED IN SECTION 24-80-1305, CRS, WITH RESPECT TO THE DISTURBANCE OF AN UNMARKED HUMAN BURIAL, a person commits a class 1 misdemeanor if he knowingly desecrates any place of worship or burial of human remains). Platte Sand and Gravel, LLC's intent is clear in their application—they intend to disturb unmarked human graves. If this application is approved, the Weld County Planning Commission and the Weld County Board of Commissioners will be allowing Platte Sand and Gravel, LLC to violate State statutes. We, the surrounding neighbors,will notify the local law enforcement agency with jurisdiction of such a violation of the State statutes. This permit should not be approved. The proposed mining(and the non-agricultural and heavy industrial production operations)will create a continuous series (or chain) of nine gravel pit ponds in this three-mile-plus stretch along and adjacent to the South Platte River. These extensive gravel pit ponds will create a serious hazard to the river channel, wetlands and riparian areas. The protection of the river channel, wetlands and riparian areas are not defined in the application. Additionally, the reclamation plan does not identify the tremendous potential for the erosion and destruction of the adjacent bluffs and terraces and pre-historical and archaeological sites on the west side of the river channel upstream, downstream, and adjacent to this property, and the former east bank of river where the historical fort site, town site and other unmarked human graves are situated, when these made- made ponds deteriorate or self-destruct. Historically, this property has been flooded several times, and the Federal Flood Insurance Rate Map (FIRM) of Weld County, Colorado Panel 750 of 1075 proves that the majority of this property is in Flood Zone A, the 100-year flood plain of the South Platte River. The applicant's reclamation plan also does not address this well-known fact and the inevitable and consequential flood damage and/or destruction of these gravel pit ponds, which will further endanger and/or destroy these extremely valuable and irreplaceable prehistoric, historical and archaeological sites. The reclamation plan does not include a proposal to safeguard and preserve any and all unmarked human graves and the prehistoric, historical and archaeological sites on said property or those on the upstream, downstream and adjacent properties in close proximity to this property. In fact, the reclamation plan makes it very clear that Platte Sand and Gravel, LLC will not armor the river banks to prevent the flooding and destruction of their gravel pit ponds and the flooding and destruction of the prehistoric, historical and archaeological sites (and the wetlands and riparian areas). Therefore, a permit for mining and non-agricultural and heavy industrial production operations and other uses should not be approved on this property. Please enter this letter of opposition and all other letters of opposition regarding this permit into the public record. Thank you. 9 Sincerely, Grant and Nancy Fisher 9224 Hwy 66 Platteville, CO 80651-9112 970-785-0645 Courtesy copies to: Glenn Vaad, County Commissioner Fred Walker, Planning Com. Member Rob Masden, County Commissioner Mike Miller, Planning Commission Member David Long, County Commissioner Stephen Mokray, Planning Corn. Member William Jerke, County Commissioner Jack Epple, Planning Commission Member Mike Geile, County Commissioner Bryant Gimlin, Planning Corn. Member Bruce Barker, County Attorney Arlan Marrs, Planning Commission Member Lee Morrison, Assistant County Attorney Cathy Clamp, Planning Corn. Member John Folsom, Planning Com. Member State Historical Soc./State Archaeologist Christie Nicklas, Planning Com. Member Xcel Energy (Fort St. Vrain Power Plant) 10 05/25/01 16:47 $9703561111 THE LAW BUILDING -.-.-. WELD PLANNING IJ002/003 LIND, LAWRENCE & OTTENHOFF LLP ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.O.Box 326 GREELEY,COLORADO 80631 GEORGE H.OTTENHOFF TELEPHONE KENNETH F. LIND (970)356-9160 KIM R.LAWRENCE (970)353-2323 • TELECOPIER P.ANDREW JONES (970)356-1111 RICHARD T.LIPUMA KLIellolaw.com May 25, 2001 Mr. Kim Ogle VIA FAX NO. 304-6498 Planner II Weld County Department of Planning Services 1100 10th Greeley, CO 80631 Re: Platte Sand and Gravel, LLC Dear Mr. Ogle: I apologize for the gender error in my May 22 letter. With Kim Lawrence in our office I should know better. I have tried to reach you by phone today but have not been successful. Yesterday,the Mined Land Reclamation Board continued consideration of the Platte Sand and Gravel 112 Permit until June 27, 2001. At the same time, Western Mutual Ditch Company was admitted as a party. Based upon previous correspondence in the file, it is my understanding that the USR. proceeding would not go forward until the 112 Permit was issued. This approach makes sense. In spite of the County and DMG's protestation that jurisdiction of each entity does not overlap, practical experience tells me that similar issues are discussed at both levels, and that if some of the issues can be resolved at the 112 level, the Planning Commission is spared arguments on those issues. I assume the June 5 scheduled hearing will be postponed to allow the 112 process to be completed. Please advise me if this is the case, and if so, the new date for this hearing. Thank you for your attention to this matter .--� F:\KIM\WESTERN.MUTUetters\010525 Oglewpd 'EXHIBIT 1125 05/25/01 16:47 $9703561111 Lih LAW BUILDING +-*-. WELD PLANNING IJ003/003 Sincerely, LI_ CE & OTTENHOFF, LLP P. Andrew Jo e PAJ:mt cc: Michael Ptasnik F:UCIM\WESTERN.MUT1letters\010525 Ogle.wpd May-28-01 11 :58pm From- T-857 P.02/04 F-757 DEUTSCH, SPILLANE, REUTZEL & FOSTER, P.C. ATTORNEYS AND COUNSELLORS AT LAW 9145 EAST KENYON AVENUE,SUITE 200 "."3/4‘ DENVER.COLORADO 80237.1810 TELEPHONE:(303)694.1982 TELEFAX:(303)694-3831 W W W.DSRLA W.COM HARVEY E.DEUTSCH JOHN M.SPILLANE KAREN V.REUTZEL of Counsel JACK F.REUTZEL DAVID WM.FOSTER E-MAIL:jspillane@dsrlaw.com May 29, 2001 VIA TELEFAX AND MAIL Weld County Planning Commission c/o Mr. Kim Ogle, Weld County Planning Dept. 1555 N. 17 Avenue Greeley, CO 80631 RE: Case No. USR-1306, Platte Sand and Gravel LLC Application for Sand and Gravel Operation and Batch Plant Opposition of Gibraltar Equity Investments, LLC and the Marie Louise Gollner Charitable Trust Dear Chairman Nicklas and Members of the Planning Commission: We represent Gibraltar Equity Investments,LLC, which is proposing to construct approximately 436 single family homes, a city park and recreational facility, and an equestrian center on 618 acres located in Section 27, Township 4 North, Range 67 West, to be known as Somerset Ridge Estates. This property currently is owned by the Marie Louise Gollner Charitable Trust and is frequently referred to as the Gollner Farm. The property has been annexed to the Town of Milliken and a PUD Plan and Preliminary Plan for Somerset Ridge Estates have been approved. The proposed development is directly adjacent to the sand and gravel operation and concrete and asphalt batch plant being proposed by Platte Sand and Gravel. Both Gibralter Equity Investments and the Trust strenuously object to the approval of Platte Sand and Gravel's application and respectfully request that it be denied. Compatibility: The application is for a special use permit, which naturally requires a greater showing of compatibility than if the proposed uses were permitted. We do not believe the proposed uses can be considered compatible with the proposed residential uses. Section 23-2-220.A.4 of the Weld County Code provides that the uses which will be permitted will be compatible with the future development of the surrounding area as permitted by the existing zoning. The existing residential zoning of Somerset Ridge Estates will not be compatible with the proposed uses by the applicant. The noise, dust, impaired views, odors,and traffic will create significant adverse impacts on Somerset Ridge Estates, which would not occur if the uses were limited to the uses currently permitted in the agricultural zone district. EXHI't4 Mar-28-01 11:58pm From- T-857 P.03/04 F-757 DEUTSCH, SPILLANE, RBUTZEL & FOSTER, P.C. Weld County Planning Commission re` May 29, 2001 Page Two Scope of Operation and Term: The proposed application encompasses approximately 1250 acres for a period of 115 years, for sand and gravel operations as well as a concrete and asphalt batch plant. This would make the proposed operation one of the largest, if not the largest, operation in the state. If this application is approved at all, we believe it would be far more prudent to limit the permit to a much smaller area located further away from the proposed residential uses. The term of the permit should be limited to something more akin to five years to allow the County to verify that the applicant is conducting its operations in an approved manner. Because of the noise associated with hatching operations generally, and the odors associated with asphalt batch plant in particular, the batching operation should not be approved. Performance Standards: The staff report notes a number of environmental, traffic and visual concerns that it recommends be addressed prior to recording the plat or prior to operation of the facility. Among these are demonstrating that negative air quality, water quality, traffic, and visual impacts will be mitigated. The applicant should be required to demonstrate that these negative impacts will be mitigated before the County approves the special use permit. The mitigation plan, which is absolutely critical to the existing and future residents who will be impacted, should be part of the public approval process for the permit. In addition, both the Planning Commission and the Board of County of Commissioners should have the opportunity to review the sufficiency of the mitigation plans --this should not be part of an administrative approval process. For example, the noise requirement simply states that the facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone District as delineated in the state statute. The state statute allows 80 decibels measured 25 feet from the property line during the day and 75 decibels at night. First, this is simply too much noise for adjacent residential uses. More importantly, however, it shifts the responsibility to adjoining residents to complain about the noise as an enforcement issue rather than requiring the applicant to demonstrate up front that the permitted noise levels will not be exceeded. A noise mitigation plan should be submitted and approved by the County as a condition of approval of the permit Moreover, there is nothing about the odors emitted from the asphalt batch plant portion of the operation, and as far as we know,there are no standards for odors. The asphalt batch plant portion of the proposed operation should not be approved. The applicant should be required to demonstrate how it will achieve the state air, water and noise standards, and should demonstrate a limitation on odors, wetland destruction and visual impacts,prior to the special use permit being approved. These performance standards should be clearly articulated and made a part of the permit approval. That way, the County will be better able to enforce the conditions of the permit, rather than making adjoining residents file r"� complaints based on general or subjective standards. µay-28-01 11:58pm From- T-857 P.04/04 F-757 DEUTSCH, SPILLANE,REUTZEL& FOSTER,P.C. Weld County Planning Commission May 29, 2001 Page Three Other Local Government Opposition: Both Milliken and Platteville have objected to the approval of this application. We believe that Milliken has objected in no small part because of the adverse impact that this operation will have on Somerset Ridge Estates and the public park that will be constructed on the property. We would ask that the County deny the application in deference to the Intergovernmental Agreements that the County has with Milliken and Platteville. On balance, we do not believe the proposed operation is compatible with the surrounding proposed uses, and that the application be denied. The scale of the proposed operation is not in keeping with the adjacent uses or the agricultural uses that are permitted for this property. At the very least, the applicant has fallen short of demonstrating that the proposed operation will mitigate the many adverse impacts. We appreciate the Planting Commission's consideration of our comments and we respectfully request that the application be denied. Sincerely, DEUTSCH, SPILLANE, REUTZEL Sc FOSTER, P.C. By: M. Sp/Lane JMS/slf cc: Mr. Michael A Messina John Woodward, Esq, r Epvirol)n) ept, Ipc. LARRY E.O'BRIAN Weld County Planning Dept. 7985 VANCE DRIVE, SUITE 205A FOUNDER ARVADA,COLORADO 80003 303-423-7297 Llr,i 2 9 2001 FAX 303-423-7599 May 24, 2001 RECEIVED Mr. Kim Ogle Weld County Planning Department 1555 N. 17th Ave. Greeley, Colorado 80631 Dear Kim: RE: Mining Use by Special Review Platte Sand & Gravel LLC - USR-1306 Attached are the small scale maps I promised. They are on 8x11 format, but map 1 of 1 has the soils and vicinity map missing. These were applied to the large scale map and were not in the computer. I have also sent 12 copies of Map 4 of 5 (revised) and Map 5 of 5 (revised) . These were the maps we changed during our Mined Land Reclamation Board permitting responses. If you have any questions please call me at (303 ) 423-7297 Sincerely, Environment, Inc. CJT�� Stevan L. O'Brian President cc Platte Sand & Gravel LLC AgPro Environmental Services. file r EXHIBIT 1125 PLATTE SAND & GRAVEL L.L. C. S & H MINE /'-, MINING USE BY SPECIAL REVIEW M/..10/42/4%dm 21.mini*/..10/41!/4 Al/4111/4 Al M/LS/UR/!a It/41W/4.%del 1.a/& /Or It/NV4w110/A! 94 d/4,la ►wfK/iYr1W 4 at/VW4.3rda!/,f-H/RIMY al ray Clod/2 mil/211/2 6150.102,f+41.RI741CMfM.WIIG•p GMW SOILS MAP SCAM I'.s000. 1• •I °"'"""A VICINITY MAP e ! ®a.. m SCAM w0. 9CI f',J000' a O 00m,Mar. • •u• •"'mw.a'.rr Nor 0 m..00 m w . .•O ow. Ayr a0.d+a • rc•w. 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