HomeMy WebLinkAbout20012118 PLATTE SAND AND GRAVEL L.L.C.
S & H MINE
WELD COUNTY, COLORADO
November 2000
Weld County Mining Use
By Special Review
PREPARED BY
ENVIRONMENT, INC.
7985 VANCE DR., SUITE 205A
ARVADA, CO 80003
1303) 423-7297
2001-2118
DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue, Greeley, Colorado 80631
Phone (970) 353-6100, Ext. 3540 Fax (970) 304-6498
USE BY SPECIAL REVIEW(MINING OPERATION) APPLICATION
FOR THE DEPARTMENT OF PLANNING SERVICES USE ONLY
Application Fee Receipt Number Case Number l- \3
Recording Fee _ Receipt Number Zoning District
Application Checked By: Planner Assigned to Case
To be completed by APPLICANT is accordance with procedural guide requirements:
1. I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission
concerning a proposed Gravel (gravel, coal, borrow pit, etc.) mining operation for the
following described unincorporated area of Weld County:
LEGAL DESCRIPTION:
See attarhpd sheets
PARCEL NUMBER: __See a tta rhea_sheet--(12 digit number- found on Tax I.D. Information or
obtained at the Assessor's Office).
2. Surface owner(s) of area of land described See attached sheet
Name: _ Tom Sharkey Address: Phone: (719) 522-0500
Name: Krystal Hoffschneider Address: Phone: ( 303) 274-4464
3 Owner(s) of mineral rights or substance to be mined
Name: _pnm Sharkey Address: Phone: same
Name: Krystal Hnffsrhneirler Address: Phone: Same
4. Source of applicant's legal right to enter and to mine on the land described:
ropy of Conroe of Leal Bight to. Enter anti needs
(Include certified copy of any document(sjnoted
5. Applicant's address: Platte Sand and Gravel 1. L C- Phone: (303 ) 274-4474
Address: 1300 Harlan St. , Lakewood , CO 80215 Phone:
6. Identify any prior permits for mining held by applicant or affiliated person:
None
7. Description of Operation
A. Types and number of operating and processing equipment to be used Gravel P1 ant. — 1 .
ronrrete-Plant , -Asphalt Plant - 1 , Precast Plant - 1 , Reryrling
Plant ;- 1 .
B. Maximum number of employees: 40 , and number of shifts: 2
C. Number of stages to be worked: q , and periods of time each is to be worked va r i ah l a
Total life 90 to 110 years
14
EXHIBIT
•
I S
D. Thickness of mineral deposit: 45 + feet, and thickness of the overburden: NA
E. This will be a wet/dry pit operation. Both, wet when dredge is used .
dry when area is too small for dredge
F. Site entrance/exit points and County roads and bridges to be utilized between site and delivery
point(s)(must be coordinated with County Engineer) New access at intersection
of WrR ' s 93 and 36 . Limited access at WCR ' s 23 and 40 for
north deliveries
8. Description of reclamation
A. Proposed reclamation land use(s): Private wildlife area and recreation area
B. Source of technical advise for reclamation: Environment , Inc. - Steve 0 ' Brian
Soils — mgrs . RR° JPsources - environtaental
C. Explanation of Reclamation Process: Areas ahnvp wa her will be resoiled and
seeded arroring to MLRB permit . Below water slopes will be
3- 1 t-q in feeh below water line .
I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted
with or contained within this application are true and correct to the best of my knowledge.
Si nature: Own r/A thori Ag t
Rocky Hoff chnei er , Agent
Platte Sand and Gravel L.L.C.
Rev: 1-27-97
15
Application form attachment #2
Legal Description
Parts of the SEkSEk, Section 23, and Parts of the SEkNEk, SWaNEk,
SEkSW1/4, AND SEhNW1/4, Section 26, and Parts of the NEkNEk and
SEkNEk, Section 34, and Parts of the NE4, NWT and SEhSWk, Section
35 , Township 4 North, Range 67 West, and parts of the E1/2, and
EhWh Section 2 , Township 3 North, Range 67 West, 6th Principal
Meridian, Weld County, Colorado. Containing 1, 620.41 acres ±
Owners name Parcel numbers
Sharkey, Tom 120902000022 , 120902000023
15430 Copperfield Dr. 105926000005, 105926000006
Colorado Springs,
105926000031, 105926000033
522-005000 (O)Co 80921 105934000012, 105935000003
(719 ) (
Hoffschneider, Krystal R. 120902000009
P.O. Box 180
Littleton, CO 80160
(303 ) 274-4474 (O)
SPECIAL REVIEW(MINING OPERATION) SUBMITTAL CHECKLIST
ITEMS REQUIRED FOR SUBMITTAL
Original application form plus 24 copies.
25 copies of the Special Review plat map (24 X 36).
One 8-1/2" x 11" reduced copy of the Special Review plat.
Original Special Review use questionnaire plus 19 copies.
Original Weld County Road Access Information Sheet plus twenty-four (24) copies
One copy of document showing evidence of a(1u'dreg water sold; Ic we l permit or letter
from water district)
One copy of document showing evidence of adequate methods of sewage disposal to g
septic permit or letter from sanitary sewer district).
Onecopy of deed or legal instrument identifying applicant's interest in the property
One copy of noise report, if required by Planning Department. Noise report shall be prepared
by a qualified noise expert.
One copy of soils report. Soils report available from Soil Conservation Service Office
One copy of affidavit and certified list of names and addresses of surface owners within 500 4
feet of Special Review property. Information may be obtained from Weld County Assessor's
Office, title or abstract company, or an attorney.
One copy of affidavit and certified list of names and addresses of mineral owners and
lessees of minerals. Information may be obtained from the Weld County Assessor's Office,
title, or abstract company, or an attorney.
f x-155
S 99x80 application fee
A $20.00 fee for the legal notice to the Board of County Commissioners hearing, made
payable to Clerk to Board.
$500.00 investigation fee, if required.
Special Review plat recording fee ($11.00 first page + $10.00 each additional page).
In an effort to increase efficiency and reduce Department of Planning Services' staff time
involved in re-binding applications for mailing, all copies shall be collated into complete
application packets and bound with binder clips only. All maps are to be folded and included
with each individual packet. Applications bound in any fashion other than binder clip (spiral
bindings, three ring bindings, etc )will require additional review time and may be returned to
the applicant without review.
pgmininy.set
1
USE BY SPECIAL REVIEW QUESTIONNAIRE
The following questions are to be answered and submitted as part of the USR application. If a question
does not pertain to your use, please respond with "not applicable", with an explanation as to why the
question is not applicable.
1. Explain, in detail, the proposed use of the property. Responses to questions on attached
Sheets
2. Explain how this proposal is consistent with the intent of the Weld County Comprehensive Plan.
3. Explain how this proposal is consistent with the intent of the Weld County Zoning Ordinance and
the zone district in which it is located.
4. What type of uses surround the site? Explain how the proposed use is consistent and compatible
with surrounding land uses.
5. Describe, in detail, the following:
a. How many people will use this site?
b. How many employees are proposed to be employed at this site?
c. What are the hours of operation?
d. What type and how many structures will be erected (built) on this site?
e. What type and how many animals, if any, will be on this site?
f. What kind (type, size, weight) of vehicles will access this site and how often?
g. Who will provide fire protection to the site?
h. What is the water source on the property? (Both domestic and irrigation).
I. What is the sewage disposal system on the property? (Existing and proposed).
j. If storage or warehousing is proposed, what type of items will be stored?
6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as a
landscape plan map as part of the application submittal.
7. Explain any proposed reclamation procedures when termination of the Use by Special Review
activity occurs.
8. Explain how the storm water drainage will be handled on the site.
9. Explain how long it will take to construct this site and when construction and landscaping is
scheduled to begin.
10. Explain where storage and/or stockpile of wastes will occur on this site.
10
This page is our response to the Use by Special Review Questionnaire and is
presented in the number sequence on the attached page of questions.
1 . Our proposed use is to created a gravel mine with associated
uses normally found with this type of operation. The uses
.}}'nclude gravel mining, processing, concrete and aspTial ---
baaing, concrete precast construction, concrete and_ as-
jihaTt recycling and a shop maintenance area.
2 . These uses are allowed in a Agriculture zone district. The
parcels in this request are shown as being contained in a
"Resource Conservation Area" in the WELD COUNTY MINERAL
RESOURCES (VOLUME II) EXTRACTION PLAN. In addition, con-
crete and asphalt batching are Special Use reviews in the Ag
zone district according to 31. 4 . 1, where they are defined
under Mineral Resource Development Facilities.
3 . Mining is a use by Special Review in an Agriculture Zone
district and has been allowed in numerous other applications
throughout the county. Recycling of concrete and asphalt
utilizes material that has to be disposed in a land fill .
It is similar to crushing raw material and will help con-
serve the limited and valuable raw resource needed for new
product creation. Concrete and asphalt plants are also
allowed and are defined as Mineral Resource Development
Facilities. The Zoning Regulations spell out the require-
ments that must be followed to use an Ag zoned area for
these facilities . Most of the gravel pits and supporting
uses in Weld County are in this one zone district, so the
proposal is consistent with the intent of the district.
4 . The surrounding land uses are primarily agriculture.
There are scattered rural residences in the area. To
the north this property boarders a railroad line north
of the railroad the general land use is agriculture.
To the east the primary land use is irrigated crop
land. Along the south line most of the area is river
bottom habitat with some irrigated agriculture along
the east side. The west is bordered by the South
Platte River, the land across the river is river bottom
area, a power plant and some crop land. There are five
houses within 500 feet of the permit area, three are
owned by the land owners associated with this case, all
three are within the permit area. The remaining two
are located outside the permit area. One is in the
south quadrant surrounded by the permit area and the
other is across the ditch north of the ranch house
complex. No mining will take place with in 200 feet of
the houses not owned by us. Our operations will have
little affect on these surrounding uses. Once mining
is complete the final reclaimed area will blend with
the river bottom habitat associated with the South
Platte River.
9 . a . The exact number is unknown. Depending on the activi-
ties and demand for material it may be from zero to 200+
people '.king the 5' ite .
USE BY SPECIAL REVIEW QUESTIONNAIRE PAGE 2
NOVEMBER 6, 2000
b. We expect to employ 15 to 20 full time people and as
many as 30 plus part time and seasonal workers to operate
the mine and supporting facilities.
Gravel processing and mining 4 :00 am to 8: 00 pm (two
shifts) . Maintenance and emergency activities 24 hours per
day.
d. Only temporary structures are needed for the mining
operations. We expect three at this time a shop building,
scale/scale house and a precast concrete facility building.
e. Not applicable
f. When the site becomes fully developed and the market
developed we expect the following table to reflect our daily
traffic counts. This may vary day to day due to market
needs.
Vehicle type Capacity Daily
Volume
Gravel haul trucks 15-25 tons 20-50
Concrete mixers 15 yds 10-30
Asphalt Trucks 15-25 tons 20-30
Precast delivery trucks 15-25 tons 3-10
Agriculture vehicles misc. unknown
Delivery vehicles misc. 8-10
g. Unknown
h. Land owners have both domestic, industrial and agricul-
ture water available for use at this site.
i. Existing at office in ranch complex.
j . Processed sand and gravel, recyclable asphalt and
concrete, and precast concrete items.
6. Not applicable, mined areas will be reclaimed per the recla-
mation plan as a private wildlife and recreation area.
7 . Area disturbed by mining or uses associated with mining will
be graded, resoiled and seeded with an approved seed mix-
ture. This work will be monitored until the seeded areas
have a similar vegetation cover as now exists. Water area
will be left as lakes. Reclamation will be completed to
USE BY SPECIAL REVIEW QUESTIONNAIRE PAGE 3
NOVEMBER 6, 2000
permit standards as approved by the Colorado Mined Land
Reclamation Board.
8. Because a large part of the site will be excavated and will
stay within state requirements. The site is designed so all
stormwater is retained on the site. If any discharge takes
place it will be in accordance with an approved permit.
This mining operation will be capable of retaining more
stormwater as mining progresses than the current land con-
figuration can.
9 . If approved we would begin to move equipment to the site
within 30 days of having the necessary county, state and
federal permits. We expect to have initial setup complete
and be in operation within 180 days of move in. The site
will then be operated as a normal gravel mine with reclama-
tion beginning as soon as we have mined enough area to have
parts needing reclamation. This may take as much as 5
years. _The site may operate from 90 to 100+ years depend-
ing on the demand and market conditions in the area.
10. We expect to keep all raw and finished product stockpiled in
the Plant Site area. Some topsoil needed for reclamation
will be piled along the perimeters of the mining areas and
seeded until they are needed for reclamation.
SOURCE OF LEGAL RIGHT TO ENTER
STATE OF COLORADO
ss. AFFIDAVIT
COUNTY OF JEFFERSON )
Rocky Hoffschneider, being first duly sworn upon oath,
deposes and says:
1 . He is the Agent for PLATTE SAND AND GRAVEL L.L.C. a Colo-
rado corporation, and is empowered to act for and on behalf of
said corporation in all respects in connection with any applica-
tions, petitions, contracts, correspondence, bonds or activities
with or before the Weld County Board of County Commissioners and
the Colorado Mined Land Reclamation Board.
2 . The surface and mineral rights in and to the property
known as the S & H Mine is owned one hundred percent in fee
simple, by Tom Sharkey and Krystal Hoffschneider and will be mine
under a lease agreement. The lease is available for inspection
at the offices of the corporation in Lakewood, Colorado.
3 . The corporation is legally empowered to enter upon the
subject lands and to conduct mining operations, for construction
and decorative rock and other auxiliary uses.
Roc 4i sc neider
SUBSCRIBED and sworn to before me this
7 day of November, 2000, by Rocky
Hoffschneider, Agent for Platte ;d
Gravel L.L.C . , a Colorado cor ,c .�,�
ArArr
v•i'•ry Pubji�1
9A B VL\ 'Gp�l
P,
My co , . . 83t,@,= res :
Road File#
RE:
Other Case No.
— APPENDIX B
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Puhlic Works Department Date: 11/6/2000
I I I I H Street, P.O. Box 758, Greeley, CO 80632
Phone: (970)356-4000, Ext. 3750 Fax: (970)304-6497
I. Applicant Name Platte Sand and Gravel L.L. C. phone ( 303 ) 274-4474
Address 1300 Harlan St . City Lakewood State re zip 80215
2. Address or location of access AE intersection of WCR ' s 23 & 36 . SE corner of
Section 2 Township 3—N Range 67—W
Subdivision Block Lot
Weld County Road # 36 Side of Road 23 Distance from nearest intersection At intersection
3. Is there an existing access to the property? Yes X No # of accesses 4
Proposed Use: ( s )
Ut Permanent al Residential/Agricultural 0 Industrial
U Temporary ❑ Subdivision ❑ Commercial Zil Other Mine arr pss
*********************************************************4***********************4*************************
5. Site Sketch to
to
N L5}'
CD Cl A
Legend for Access Description: o
AG = Agricultural ra—Ditch—•••— •�uri�8,''_l•
RES = Residential I W * ■ le
O&G= Oil & Gas
,,.,.,
D.R. = Ditch Road
O = Ilouse
El = Shed
**4***44****4*****4*4*4*4*4***4*****
***************** *4*4******4*4*4**4*4*4*******************4*****4*4*4*
OFFICE USE ONLY:
Road Al)T I Accidents Date
Road A I)I Dale Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
4**********************4***********4*4****4*;4*****4*****4**************************************4**********
❑ Installation authorized U Information Insufficient
Reviewed By: Title:
m:wp l Iles\cneineer\access
TABLE OF CONTENTS
PAGE #
SECTION 2 (44.1.7) 1
SECTION 6 (24.7.1) 6
MINING PLAN AND TIMETABLE 11
RECLAMATION PLAN AND TIMETABLE 18
NOISE REPORT 25
DUST CONTROL PLAN 26
LEGAL DESCRIPTIONS 27
SECTI0N 2 (44.13)
(44.1.7)
DESCRIPTION OF METHOD OF OPERATION
(44.1.7.1)
The use proposed in this application is for a multi phased
operation for extracting and processing, sand and gravel con-
tained under the site. In addition, we are including a request
for additional support facilities, in this application. They
include a concrete batch plant, an asphalt batch plant, a con-
crete casting facility, concrete/asphalt recycling plant and a
maintenance facility consisting of one of more temporary build-
ings. There will also be a site office/scale house and scale,
but at this time their exact location has not been determined.
We plan to use an existing house in the ranch complex as our
primary office facility.
"C4n --- -----In the future, we will locate a rail load-out site north of
the river, the general location of this area is shown on the
Extraction Plan Map. The equipment needed on this area will
include conveyors, aggregate storage bins and loaders to facili-
tate rail car loading.
The Plant Site and materials stockpiles area will be located
in various places around the site as mining progresses. Ini-
tially it will be located in Sharkey's Lake as shown on the
Mining Plan map in the appendix. This Plant Site is where all
the material mined, will be processed and stockpiled before sale.
The Plant Site area will contain the usual processing equipment,
asphalt and concrete batch plants . Equipment used in this
operation are: a dredge; a processing plant containing screens,
crushers, conveyors; a water truck; haul trucks; 2 motor graders;
a dragline; a dozer, 3 to 5 front-end loaders and 2+ scrapers.
The equipment will remain on the site for the life of the mine,
but the exact number of each individual type of equipment will
fluctuate depending on the amount of material produced each year.
We will also construct a concrete precast facility on the
site in an area that will be mined later in the project. We will
obtain the necessary building permits for this facility prior to
beginning construction. Please refer to the MINING PLAN TEXT, in
the APPENDIX for a more detailed discussion on the mining plans.
(44.1.7.2)
Usually there will be two shifts of workers, but the short
daylight hours of winter may require a reduction in processing or
doing maintenance early or late in the day. An exception to this
would be, incase of a public or private emergency, or to make
necessary repairs on equipment. This is consistent with section
44 .4 . 2 of the Weld County Zoning Regulations, which states in
part "Ail sand and gravel operations shall be conducted during
the hours of daylight . We understand administrative
offices and repair facilities are exempt from the operating hours
restriction. The number of employees will vary with the season
and the demand for material. More employees will be on the site
1
Section 2 (44.1.7) cunt SPECIAL USE FOR MINING
when there is a processing plant in operation and a lesser number
when we are only removing stockpiled materials. The minimum
number will be 10 and the maximum may be as many as 40.
(44.1.7.3)
Mining will begin on a small section of Highland Lake area
where there is a terrace deposit of material that can be removed
simply by mining into the hillside. Shortly after this mining
begins on this deposit we will start excavating an area in
Sharkey's Lake. Mining in this area will done as a wet operation
using a dredge or dragline during the initial startup. This will
be a wet operation except at the initial start up, when we will
be stripping and mining an area to set the dredge. We estimate
the water table averages six feet below the existing surface, so
there will be a short time until enough water is exposed so the
dredge can be floated. During this time a dragline, front end
loaders and scrapers will be used to remove the material. Later,
e ma dewater the area and mine it as a dry operation. As the
mine progresses f e method of mining may vary in each area from
wet to dry depending on the conditions found in the area when
mining begins. This pit is located adjacent to the South Platte
River, for this reason the pit will have water in it, year around
when mining ends on any given area.
(44.1.7.4)
Access for the operation will be via a private access road
running north from the intersection of Weld County Road (WCR) 23
and WCR 36. This private road follows our east property line and
will be constructed on the County Road ROW that would be an
extension of WCR 23 . Internals road will connect to this new
road that will cross our site to an existing road that traverses
the property from north to south. Historically this road has
been used as an internal ranch road. Our proposed haul route
will run south on the private road to the intersection of WCR 23
and 36; south on WCR 23 - 1.50 miles to Weld county road 32Z that
has a paved surface. We will then follow the pavement west along
32= and 21 to State HWY 66, then west on 66 to market or east to
Highway 85. We anticipate a need for a northern access to
deliver limited material along the northeast and east side of the
mine. So periodically we will use an existing road that connects
at the intersection of WCR 23 and 40. This route will be used
sparing and only if material is needed in the immediate vicinity
of the mine.
There are numerous bridges in the vicinity of the pit, they
are primarily irrigation ditch crossing and we know of no weight
restrictions on them. The closest such bridge is over the
Western Mutual ditch on WCR 23 approximately one-half mile east
of the access point. Two bridges, one on WCR 321/2 (south) and one
on Highway 60 (north) cross the South Platte River and are on
paved roads. All of the bridges may have to be used at various
2
Section 2 (44.1.7) con! SPECIAL USE FOR MINING
times to get material to market. However, they have been and are
used by oil service equipment, bulk oil trucks and large farm
trucks supporting the cattle and agricultural activities around
the mine.
(44.1.7.5)
This gravel pit will not be staged, but rather the amount of
disturbance area will be restricted. The map shows areas to be
mined only to make it easier to describe the parts of the mine
that will be extracted. These areas do not depict a sequence or
direction of mining. Mining will start in Sharkey's Lake and on
a upland terrace in the Highland Lake area where unique dry
deposit of gravel is located. The Plant Site and any areas
stripped ready for mining or areas needing some type of reclama-
tion will be included in the Mined Land Reclamation Board (MLRB)
bond that covers the disturbed area. The Plant Site will be in a
fixed area located in the south central part of Sharkey's Lake
area to begin with. It will remain here until this area is mined
out and then may be moved another site to reduce the haul dis-
tance from the working face to the processing plant. As noted
above, the concrete and asphalt batch plants and recycling plant
will be located in this area also. This is done to reduce the
haul distance of the raw material needed to serve these plants
and locate them as far from our property line as possible.
The area being mined and reclaimed will vary as mining
progresses, i.e. , it will "float" . The floating area will remain
constant in size, not exceeding 40. 00 acres ±. Note that any
area covered by water needs no reclamation except in a narrow
band below water, around the lake shore, where slopes have to be
established at a rate no greater than 3h to lv according to State
Law. The time table in the mining plan show the areas involved
with each area shown on the Mining Plan Map.
(44.1.7.6)
As noted above there is no staging in this pit. Platte Sand
& Gravel, LLC, will operate this mine throughout out its expected
life. They estimate it will take 45+ years to remove the gravel
reserve is Sharkey's Lake base on an annual production of 600, 000
tons per year. Depending on the market, economy and the demand
for materials the actual time to mine the entire area may be 90
to 110 years ±. While this seems like a fairly long life the
amount of reserves found on this site and the market demands for
the material warrant developing the large area at this time. The
estimated life and areas of each lake area are shown on the
extraction plan map. It is important to remember that these
estimates are based on our best guess and may vary greatly
depending on the market conditions and demands during the life of
the mine.
3
Section 2 (44.1.7) cont SPECIAL USE FOR MINING
(44.1.7.7)
From a drilling program we did on the property we found the
depth of the gravel reserve averages 45 feet deep with the
deepest hole being 60 feet deep. Typically in the South Platte
River drainage the actual depth varies across a piece of property
so the exact depth will be unknown until mining is complete. We
have shown the depth of each excavated area to be 45 feet but may
mine deeper if material exists. Records we have reviewed indi-
cate that along this section of the river, the deposit is 60+
feet deep and has a 30% rock, 70% sand ratio. The total area in
the permit is 1, 620.41 acres of which 831.11 acres ± will be
mined, 15.00 acres ± will be a rail loadout yard and 774 . 30 acres
± is area that will not be disturbed by mining.
The soils vary from 0 to 24 inches, averaging 6 with little
to no overburden on most of the site. Area are where mining
starts have a very thin cover of sandy soil on it since the site
appears to have been used as a sod growing area some time in the
past. This removed most of the topsoil for that area. As part
of the State requirements we must salvage as much topsoil as
possible for reclamation. This soil will be stockpiled around
the perimeter of the mined areas so it can be used during recla-
mation. We estimate there will be adequate soil available for
reclamation over the life of the mine. Please refer to the MLRB
RECLAMATION PLAN in the APPENDIX for information regarding the
resoiling amounts needed and the methods of reclamation to be
used at this mine. It should be noted that the area within this
permit differ from what we will submit to the Division of Miner-
als and Geology. This is because we have included the entire
property we own in this Special Use Permit and in the Mined Land
Reclamation Board plan we only include the areas east of the
South Platte River. We find it easer to use our surveyed prop-
erty description for the permit so there is no confusion on the
exact area being permitted and to keep it consistent with county
plat maps.
(44.1.7.8)
The area will be mined as nine lakes/ponds with large areas
preserved in their natural state along the river and around the
perimeter of the site. The Reclamation Map in the appendix shows
what we think the final pond configurations will resemble when
reclamation is complete. This could vary depending on the actual
location of gas wells and feeder lines. The actual configuration
of the ponds will vary slightly because of the way mining is
done. We can assure the County there will be 9 Ponds, there will
be shallow areas in the ponds, there will be wetland areas along
the perimeter of the ponds, and all above water areas will be
revegetated, except for boat launch ramps, access roads and
possibly swim beaches, left when mining ends. The exact location
of these individual surface features is unknown at this time so
4
Section 2 (44.1.7) cont SPECIAL USE FOR MINING
they are not shown on the Reclamation Plan Map. Once complete
this area will provide an area suitable for use as a private
recreation area and wildlife habitat reserve.
Once the reserves are removed from an area, reclamation can
begin. Sloping will run concurrent with mining to reduce the
amount of land needing grading at any one time. Normally
resoiling, grading, and shaping is done on the exterior slope as
mining progresses and then the finished area is seeded every two
to three years. This allows us to accumulate a larger area for
seeding to making it more efficient and cost effective. The
operator then monitors the revegetation efforts for up to 5 more
years and if during that period remedial work is needed it will
be done. The total life, from the start-up date until bond
release, is estimated to be 115 years ±.
(44.1.7.9)
The reclamation plan was prepared by Environment, Inc. ,
Arvada, Colorado. They have been preparing these plans since
1973 when the Mined Land Reclamation Act was passed by the
Legislature. They use various agencies and private companies as
sources for the information that cannot be prepared in house.
Review of the supporting documents show the local Natural Re-
sources Conservation Service, prepared the background soils and
vegetation information with reclamation recommendations. We have
contacted the Colorado Division of Wildlife regarding a site
specific wildlife study for the property. Their recommendations
and advice have be used to enhance the reclamation plan so it
better serves the wildlife using the property. ERO Resources,
Inc. , has been retained to prepare a preliminary wetlands study
for the property. We do not anticipate any wetland problems for
the site, there is so much area on this site that disturbing
wetland areas in unnecessary and we plan to preserve any wetland
areas found by ERO Resources.
5
SECTI0N 61243.1)
1243.1)
A STATEMENT EXPLAINING HOW THE PROPOSAL IS CONSISTENT WITH
THE WELD COUNTY COMPREHENSIVE PLAN (24. 7.1 .1)
This request for a USE BY SPECIAL REVIEW involves an open
pit mining operation for the extraction of sand and gravel,
concrete and asphalt batch plants, concrete/asphalt recycling
plant and a concrete precast facility. In order to show the
request is consistent with the Weld County Comprehensive Plan, it
appears appropriate to assume that the Weld County Extraction
Plan is consistent with the Comprehensive Plan and to thus show
consistency with the Extraction Plan. The Extraction Plan Map
contained in the WELD COUNTY MINERAL RESOURCES (VOLUME II) EX-
TRACTION PLAN shows this area as being in a "Resource Conserva-
tion Area" that contains sand and gravel. In addition, concrete
and asphalt batching are Special Use reviews in the Ag zone
district according to 31. 4 . 1, where it is defined under Mineral
Resource Development facilities.
A STATEMENT EXPLAINING HOW THE PROPOSAL IS CONSISTENT WITH
THE INTENT OF THE DISTRICT IN WHICH THE USE IS LOCATED
(24. 7.1 .2)
Mining is a Use by Special Review in an Agriculture Zone
district and has been allowed in numerous other applications
throughout the county. Recycling of concrete and asphalt uti-
lizes material that has to be disposed in a land fill. It is
similar to crushing raw material and will help conserve the
limited and valuable raw resource needed for new product cre-
ation. Concrete and asphalt plants are also allowed and are
defined as Mineral Resource Development facilities. The Zoning
Regulations spell out the requirements that must be followed to
use an Ag zoned area for these facilities. Most of the gravel
pits and supporting uses in Weld County are in this one zone
district, so the proposal is consistent with the intent of the
district.
A STATEMENT EXPLAINING THE USES PERMITTED WILL BE COMPATIBLE
WITH THE EXISTING SURROUNDING LAND USES (INCLUDE A DESCRIP-
TION OF EXISTING LAND USES OF ALL PROPERTIES ADJACENT TO THE
PROPERTY) (24. 7.1 .3)
The surrounding land uses are primarily agriculture. There
are scattered rural residences in the area. To the north this
property boarders a railroad line north of the railroad the
general land use is agriculture. To the east the primary land
use is irrigated crop land. Along the south line most of the
area is river bottom habitat with some irrigated agriculture
along the east side. The west is bordered by the South Platte
River, the land across the river is river bottom area, a power
plant and some crop land. There are six houses with in 500 feet
of the permit area, three are owned by Mr. Sharkey, one is owned
by Ms. Hoffschneider, both of whom are associated with this case,
and all are within the permit area. The remaining two are
located outside the permit area. One is in the south quadrant
6
SECTION 6 (24.7.1) cont SPECIAL USE FOR MINING
surrounded by the permit area and the other is across the ditch
north of the ranch house complex. No mining will take place with
in 200 feet of the housed not owned by us. Our operations will
have little affect on these surrounding uses. Once mining is
complete the final reclaimed area will blend with the river
bottom habitat associated with the South Platte River.
A STATEMENT EXPLAINING THE PROPOSED USE WILL BE COMPATIBLE
WITH THE FUTURE DEVELOPMENT OF THE SURROUNDING AREA AS
PERMITTED BY THE EXISTING ZONE AND WITH FUTURE DEVELOPMENT
AS PROJECTED BY THE COMPREHENSIVE PLAN OF THE COUNTY OR THE
ADOPTED MASTER PLANS OF AFFECTED MUNICIPALITIES (24. 7.1 .4)
As noted previously reclamation will run concurrently with
mining. The area will be graded, resoiled and revegetated as
required by State Law. When complete the lakes and surrounding
land will be ideal for the intended final use, that of a private
wildlife habitat reserve and recreation area, for use by the
owners. We feel the final land form will not degrade the sur-
rounding area but will tend to enhance this rural setting. It
will also serve as a buffer/open space area adjacent to the
river. This parcel is not within any URBAN GROWTH BOUNDARY and
the area is not targeted for future urban development. The
Master Plan also recognizes the need for building materials and
to disallow this use would be contrary to the WELD COUNTY
MINERAL RESOURCES (VOLUME II) EXTRACTION PLAN and CRS 34-32-100 et
seq. regarding gravel mining.
A STATEMENT EXPLAINING THE USE BY SPECIAL REVIEW AREA IS NOT
LOCATED IN A FLOOD PLAIN, GEOLOGICAL HAZARD AND WELD COUNTY
AIRPORT OVERLAY DISTRICT AREA; OR THAT THE APPLICATION
COMPLIES WITH SECTION FIFTY (50) , OVERLAY DISTRICT REGULA-
TIONS AS OUTLINED IN THE WELD COUNTY ZONING ORDINANCE
(24. 7.1 .5)
This property is located within the South Platte River Flood
Plain and Section 53 requirements will be followed as they apply
to this property. The sections addressing the Airport overlay
and Geological Hazards do not apply, but Section 53 does apply
for this property. Most of the area to be mined is within the
100 year FLOODPLAIN according to the FEMA maps we reviewed. We
have a report that show the flood level at the Hoffschneider
house was determined to be 4763 .5 feet. This gives us the
souther elevation. For the norther elevation we found, in the
records of the Colorado Water Conservation Board (CWCB) , a report
titled SPECIAL FLOOD HAZARD INFORMATION REPORT- SOUTH PLATTE
RIVER- VOLUME I - WELD COUNTY, COLORADO, dated April, 1977 a
usable elevation. This report and the maps with it indicated the
flood level where the river leave the property on the north is
4734 .5. That map and a FEMA map (panel 080266-0750C) indicate
7
SECTION 6 (24.7.1) cont SPECIAL USE FOR MINING
the flood plain runs long the bottom of the hill leading to
Western Mutual Ditch that defines east line of the site. Which
means there are three small areas that are above the 100 year
Flood Plain. We found no records indicating this area is in
FLOODPRONE (FP-1) or FLOODWAY (FW) DISTRICTS. It appears the
area immediately adjacent to the river could be considered a FW
area and the rest of the site would be in a Flood prone area.
Gravel stockpiles will be maintained as far away as practical
from the river area and the batch plant and casting plant facili-
ties will be placed on elevated pads so they are out of the 100
year flood plane.
Please refer to the Mining Plan Map for the location of the
Plant Site where the materials and the equipment will be placed.
We will be submitting a Flood Plane Permit Application showing
the data we mentioned above. The various Flood District lines
are shown on the EXTRACTION PLAN MAP following this text.
A STATEMENT EXPLAINING WHAT EFFORTS HAVE BEEN MADE, IN THE
LOCATION DECISION FOR THE PROPOSED USE, TO CONSERVE PRODUC-
TIVE AGRICULTURAL LAND IN THE AGRICULTURAL ZONE DISTRICT IF
APPLICABLE (24 . 7.1 .6)
At present This area is river bottom - pasture used by the
owners as a ranch for raising cattle. According to the NRCS
report in the appendix it is not classified as "prime crop land".
Most of the site is used to produce hay for the cattle operation
and if not irrigated it provides marginal pasture. In searching
for a location of a gravel pit looking along in river valleys is
the most logical. In this case the land is near the confluence
of the St. Vrain and South Platte Rivers and there are substan-
tial gravel reserves, easy access, and it is in an isolated area.
Other pluses were that where no houses close to the mining areas,
there are no other gravel pits in the immediate vicinity, it is
close to a market area and this area was not productive cropland.
A STATEMENT EXPLAINING THERE IS ADEQUATE PROVISION FOR THE
PROTECTION OF THE HEALTH, SAFETY AND WELFARE OF THE INHABIT-
ANTS OF THE NEIGHBORHOOD AND THE COUNTY (24. 7.1 . 7)
The property is fenced to keep trespassers out and will have
a locked gate at the entrance. This fence will be maintained
throughout the life of the mine. We will follow all required
state laws regarding Air Quality, Water Quality and noise levels.
They will have an Air Pollution Emissions permit for the pit and
crushing equipment prior to mine startup. There may be water
discharged from the pit and we will obtain the necessary dis-
charge permit prior to discharging water. We do not believe we
will need a 404 permit from the U. S. Army Corp of Engineers as we
do not plan to affect wetland areas or waters of the U. S. We
will submit copies of these additional permits to the Weld County
8
SECTION 6 (24.7.1) cont SPECIAL USE FOR MINING
Planning Department when we have them. The noise levels that
will be associated with the pit are within acceptable County and
State noise standards.
PROOF THAT A WATER SUPPLY WILL BE AVAILABLE WHICH IS ADE-
QUATE IN TERMS OF QUANTITY, QUALITY, AND DEPENDABILITY
(E.G. , A WELL PERMIT OR LETTER FROM A WATER DISTRICT)
Water needed at this site for human consumption is brought
to the site by employees. The water needed to supplement evapo-
rative losses and industrial uses will come from water owned by
Tom Sharkey and will be approved for that use. The gravel
operator will be making application for a Well Permit to cover
the ponds as required by State Law. No ground water will be
exposed until the necessary permits are approved.
A COPY OF THE DEED OR LEGAL INSTRUMENT IDENTIFYING THE AP-
PLICANT(S) INTEREST IN THE PROPERTY UNDER CONSIDERATION. IF
AN AUTHORIZED AGENT SIGNS THE APPLICATION FOR THE FEE OWN-
ERS(S) , A LETTER GRANTING POWER OF ATTORNEY TO THE AGENT
FROM THE PROPERTY OWNER(S) SHALL BE PROVIDED
Copies of the Deeds of Trust are in the APPENDIX following
this text.
A NOISE REPORT, UNLESS WAIVED BY THE DEPARTMENT OF PLANNING
SERVICES, DOCUMENTING THE METHODS TO BE UTILIZED TO MEET THE
APPLICABLE NOISE STANDARD
The pit is in a rural location surrounded by vacant cropland
or river bottom. The APPENDIX contains a noise report showing the
typical noise associated with a mining operation of this type.
Please note these numbers are not site specific since mining has
not begun.
A SOIL REPORT OF THE SITE PREPARED BY THE SOIL CONSERVATION
SERVICE OR BY A SOILS ENGINEER OR SCIENTIST. IN THOSE
INSTANCES WHEN THE SOIL REPORT INDICATES THE EXISTENCE OF
MODERATE OR SEVERE SOIL LIMITATIONS FOR THE USES PROPOSED,
THE APPLICANT SHALL DETAIL THE METHODS TO BE EMPLOYED TO
MITIGATE THE LIMITATIONS.
The APPENDIX contains a copy of the soils report and vegeta-
tion report prepared by the Weld NRCS office. The NRCS data does
not indicate there are any soil limitations that would prevent
mining this property. We have completed a drilling program on
the property and have found the gravel depth averages 45 feet
deep with soil ranging in depth from zero to 24 inches, averaging
6 inches. To quote Mr. Norman Wells, District conservationist,
"None of the soils found on this parcel would be classified as
`prime farmland' . "
9
SECTION 6 (24.7.1) cont SPECIAL USE FOR MINING
A CERTIFIED LIST OF THE NAMES, ADDRESSES AND THE CORRESPOND-
ING PARCEL IDENTIFICATION NUMBER ASSIGNED BY THE WELD COUNTY
ASSESSOR OF THE OWNERS OF PROPERTY (THE SURFACE ESTATE)
WITHIN FIVE HUNDRED (500) FEET OF THE PROPERTY SUBJECT TO
THE APPLICATION (24. 7.2.9)
Attached to application
A CERTIFIED LIST OF THE NAMES AND ADDRESSES OF MINERAL
OWNERS AND LESSEES OF MINERALS ON OR UNDER THE PARCEL OF
LAND BEING CONSIDERED (24. 7.2.10)
Attached to application
10
MINING PLAN AND TIMETABLE
LOCATION
The property is located in Weld County approximately 2 . 50
miles northwest of Platteville Colorado along the South Platte
River. Please refer to Vicinity Map on the Map sheet 1 of 5 for
the property configuration and the relationships to surrounding
geological features. The area to be mined lies in the river
bottom area west of the Western Mutual Ditch and east of the
river.
The permit area is 1, 620. 41 in this site and is broken into
two parcels owned by Tom Sharkey and Krystal Hoffschneider. Mr.
Sharkey owns 1, 552. 20 acres and Ms. Hoffschneider owns 68. 21
acres in the southeast part of the site. The PRE-MINING MAP -
EXHIBIT C show how the area looks prior to mining. The northern
boundary line of the mined area is in the river and the southern
boundary is Weld County Road (WCR) 36 and the Western Mutual
Ditch. The east line follows the east line of Section 2 , T3N,
R67W and Section 35, T4N, R67W, to an intersection point with the
Western Mutual ditch. From there it follows the ditch to where
it crosses the property line near the intersection of WCR 23 and
401/2, and then goes north along the east side of Section 26, T4N,
R67W, to the river. This area differs from that shown on the
Extraction Plan Map because the areas north and west of the river
will not be mined or directly affected by the mine operation.
The gravel deposit is an alluvial deposit that averages 45+ feet
deep across the property and the site elevation is approximately
4750 feet, sea level datum.
CURRENT CONDITIONS
Map Exhibit C shows the outline of the mining area, the
touching landowners, the 200 foot ownership, current topography,
and hydrologic features of the property. The land is presently
used for agricultural purposes by the us. Sections of the permit
area are river bottom with cottonwood trees and river bottom
habitat. Some of the area is used as irrigated pasture, and hay
field and some is left as unirrigated because of its marginal
range value. Surrounding property uses, on the areas outside the
river bottom, include irrigated agriculture or dryland pasture.
North of the river the land transitions from river bottom thru
scrub land along the railroad tracks across the Wildcat Mound to
irrigated land above the river.
GEOLOGIC SETTING
The affected lands are located along the South Platte River
in a Quaternary age, Piney Creek alluvial deposit. The eastward
dipping beds of Upper Cretaceous age are overlain at an angular
unconformity by the Pine Creek alluvium. The sand and gravel
encountered in the Piney Creek alluvium are a result of water
erosion and redeposition of rock materials from the front range
of the Rocky Mountains. The deposition of this material occurred
during a time when the river was much larger than it is now.
But, judging from the scarcity of large rocks found at the
location, the velocity of the river must have slowed sufficiently
11
MINING PLAN EXHIBIT D (cont)
to have dropped boulders and most large cobble before it reached
this point.
This type material is found from south of Denver to the
state line along the South Platte River. The quantity of course
gravels and sand vary from a ratio of 80% rock to 20% sand in
Denver to 30% rock 70% sand at Julesburge. We have found along
this section of the river has a 50% rock, 50% sand ratio and the
deposit is more than 45 feet deep. It appears to be a fairly
uniform depth across the property with deep spots on the south
end and near were the St. Vrain Rivers enters the Platte. Overly-
ing the gravel deposit is a thin layer of soil that varies from 0
to 24 inches averaging 9 inches overall.
SOILS AND OVERBURDEN
There are 9 types of soils found on the site. These soils
appear to be typical along the South Platte River in Weld County.
They have no unusual qualities and are marginal for agricultural
purposes. See the SOILS AND VEGETATION INFORMATION for the
soils information prepared by the Natural Resources Conservation
Service regarding the soils information on this site. The soil
information presented by the SCS is not site specific, it de-
scribes in general terms the nature of the soils found at this
site. Since their data is not site specific, we have supple-
mented it with our site specific observations below, and included
the general information as reference material.
The 7 types of natural soil on the mining parcel as deter-
mined by the Natural Resources Conservation Service, are desig-
nated as map on the soils map as Units 1, 2 , 3 , 10, 16, 21, 61,
68 and 79 . Descriptions of each soil is in the NRCS report that
is part of this application.
Of the total 1, 620.41 acres in the permit; 831. 11 acres ± to
be mine, 766. 94 acres ± will be water (lake area) and 64. 17 acres
± will need reclamation. The remaining 774 . 30 ac ± to be undis-
turbed area or setbacks around the mine. The 766. 94 acres ± of
water surface area will be broke into 9 different lake areas.
Please refer to the Mining Timetable on page 17 for the estimated
acreage of each area associated with the mining parts of this
operation. The revegetation plan and methods used during recla-
mation is discussed in EXHIBIT E - RECLAMATION PLAN. Sufficient
quantities of soil will be available to reclaim the disturbed
lands to their present condition. The soils in this area may not
be of high quality, but the those salvaged and replaced are
representative of what is there now. The topsoil stockpiles will
be located so as to reduce the haul distances when reclamation
starts. See the RECLAMATION PLAN MAP - MAP EXHIBIT C-1 for the
approximate location areas discussed in this text.
MINING PLAN
This pit will be operated year-around by a company we are
forming, weather permitting, as a specification aggregates supply
for their own use or for sale on the open market. It will be a
12
MINING PLAN EXHIBIT D (cont)
single stage mining operation located on 1,239. 40 ac. ± south of
the South Platte River and west of Weld County Road 23 . MAP
EXHIBIT C-1 - MINING PLAN MAP, delineates the proposed mining
operation and shows the part of the property to be mined.
Reclamation will run concurrent with mining to reduce the amount
of disturbance at any one time.
This parcel can be broken into two distinct areas; the area
to be mined and areas that will not be disturbed. The undis-
turbed areas include river bottom, unminable terrace areas, oil
and gas production facilities, and the ranch complex areas.
Areas of river bottom contain large cottonwood trees and river
bottom habitat and is not part of the mining area but is included
in the permit should the owners wish to enhance the area for
wildlife use during the life of the mine. The areas north of the
river will not be disturbed by mining. A small section near the
railroad tracks may be developed in the future as a rail loadout
area, shown as FUTURE RAIL LOADOUT AREA on the Extraction Plan
Map. While we do not anticipate disturbing the north area, the
oil companies and owners may to do some work in them as part of
their continued needs.
Mining equipment may include but is not limited to, a gravel
dredge and it's auxiliary equipment, front-end loaders, scrapers,
motor graders, a dragline, bulldozers, conveyors, dump trucks and
a water truck.
Operations will commence in two areas on the site. The
terrace deposit of gravel in the Highlands Lake area contains an
above water deposit that can be mined without exposing ground
water. In addition, the Plant Site area located in the Sharkey's
Lake area will be striped of any topsoil and stockpiled for use
in reclamation. Once this is done and the processing equipment
is set up, an area of approximately 15. 00 acres will be stripped
adjacent and north of the Plant Site, this is where mining will
begin on Sharkey's Lake. A dragline will be used to open a pond
on which a gravel dredge will be set.
The dredge is capable of mining to depths of 60+ feet and is
the most feasible way to mine this particular type of material.
Once the dredge and dredge boat are floating, mining will proceed
to the north towards the river until the area line is reached
along the circular road. The mining face will be worked across
the entire lake width as shown on the Mining Plan Map. Mining
will work in a clock wise direction around this first area until
all material is removed. The dredge will then move south of the
plant site and begin mining to the south to the bottom of the
stage. This material will be processed at the Plant Site or used
to build internal roads needed at startup.
In the Highlands Lake area we will start mining on the west
end of the terrace deposit, using frontend loaders and scrapers
to remove the material. As mining progresses in this area we
will only remove the material that is above water at this time.
This will level the bench off so it is consistent with the lower
elevations of the area. This area will then be resoiled and
13
MINING PLAN EXHIBIT D (cont)
seeded until mining returns to mine the entire Highland Lake
area.
We will employ a dredge to remove the material that is below
the water table on the larger lake. This dredge is capable of
moving large and delivering large amounts of materials via pipe
to the processing plant. Because of the depth of the material, a
dredge is the most efficient way to move this material on the
larger areas without the cost becoming prohibitive. A central
pivot point for the dredge will be located on the Plant Site area,
this point is where the pipe from the dredge reaches the lake
shore. The pivot point may change as mining progresses, in the
beginning it will be on the west side of the Plant Site. When
mining is complete in a given area the dredge will be removed and
the remaining small area under the plant site will be mined using
a dragline.
When the dredge is used the extracted materials will be
moved to the Plant Site via an enclosed pipe that is part of the
dredge. Here it will be run thru a Sauerman or some other piece
of equipment to separate the sand and gravel we are interested
in. The gravel will then be processed and stockpiled in the Plant
Site area until it is removed to market.
At some time it maybe necessary to mine some area as dry
pits. To do this we will dewater the area in question. Where we
are dry mining the material will either be moved using scrapers,
large haul trucks or conveyor systems to the processing plant.
No mater what method of mining we use, additional area will
be stripped ahead of the mine face and the some of the topsoil
will be stockpiled along the setbacks around the mine area. The
rest will be sold or mixed with gravel to make various grades of
product. The salvaged topsoil will be used when reclamation
begins in the area where it was removed. It will be needed for
resoiling slopes and other areas where we have to establish
vegetation. By limiting the amount of area stripped at any one
time we will lessen the visual impacts of the mining operation as
much as possible. Please see MAP EXHIBIT F - RECLAMATION PLAN MAP
for the approximate shape of the lakes when reclamation is
complete.
The amount of land disturbed at one time will be limited to
that area needed for processing, batching and stockpiles (Plant
Site) , 15. 00 acres ±; stripped pre-mining area, 15. 00 acres ± and
no more than 10. 00 acres ± will need reclamation. This means
that there will be 40. 00 acres ± or less needing some type of
reclamation at any one time. Note, that any area covered by
water needs no reclamation except in a narrow band below water,
around the lake shore, where slopes have to be established to no
greater than 3h to lv according to State Law.
The Plant Site area will be the last area to be mined as the
reserves are exhausted. Since a Plant Site will be utilized
throughout the life of the mine it will accommodate the process-
ing equipment and may serve as a site for auxiliary uses. These
14
MINING PLAN EXHIBIT D (cont)
uses may include an asphalt batch plant, a concrete batch plant
and/or a concrete casting facility.
As mining progresses around the property the bank slopes
will be created in two stages. When a dredge is used the native
materials tend to sluff off the banks and assume an angle of
repose of 21/211 to lv. This happens because the material in this
area is unconsolidated and vertical slopes can not be maintained
as mining occurs. This means that to maintain a setback of 100
feet when the gravel is 60 feet thick the mining line has be no
less than 75 feet inside the setback lines to allow for the
sloughing. The second step will be to cover these natural slopes
with some of the material being mine. This will establish the
slopes to the prescribed 3h to lv. A dredge makes this fairly
simple since the material is contained in solution (water) and
can be pumped and place wherever it is needed. This will also
reduce the amount of reclamation work needed on the below water
slopes. When the dry method of mining is used the side slopes
will be mine to their final configuration.
A single ditch owned by the Western Mutual Ditch Company
(WMD) is shown on MAP EXHIBIT C. This ditch will not be affected
by the mining operation. Internal ditches used by the ranching
operations are owned by Tom Sharkey and can be relocated or
abandoned as mining progresses across the property. In the
Sharkey's Lake area there are no ditches that will be affected.
The irrigation waste ditch that runs thru the Highlands
Lake, Bluffs Lake and Lake St. Vrain areas east of the internal
road north/south road is owned by Mr. Sharkey. It drains the
areas now being irrigated on the south end of the property and is
isolated from surrounding property by the Western Mutual Ditch on
the east and along the south lines of the property. Provisions
will be made as the area east of the road is mined to keep it
open if needed.
The material being mined, whether by a dredge or another
method using dewatering is essentially wet so we expect no
unusual dust control problems. We can only estimate the amount
of water needed for dust control at this time. The actual
amounts needed will be addressed when we apply for the Senate
Bill 120 Well Permit thru the Stated Engineers office. Most of
the water we use for dust control will be used on haul roads. On
a typical operation of this type we use 8 to 14 ac-ft per year.
We can also expect to lose 4% by weight with the exported gravel.
Wherever the mining operation is adjacent to the South
Platte River a 200 foot minimum setback will be maintained. This
is solely for safety reasons and should not be construed as
anything else. The only place this happens is on the southwest
side of Sharkey's Lake. Along the rest of the river we have used
existing fences or natural tree lines as the mining limits. In
these areas we will maintain an additional 25 feet from the fence
or tree line. The setbacks along the Western Mutual Ditch will
be a minimum of 50 feet, and in most cases will be below the
ditch. All the setbacks will contain access roads around the
15
MINING PLAN EXHIBIT D (cont)
mined area and some topsoil will be stored on those away from the
river. The setback lines on the map are the indication of the
mining limits, i.e. the top of the slope into the lake area.
Once the bank slopes are established and we are assured the
setbacks will no longer be disturbed they will be reclaimed in
the prescribed manner. It is important to remember that the
setbacks discussed above are area mining setbacks. This means
that they may be narrower when the area is reclaimed because of
natural erosion occurring in the river. We do not plan to armor
the river side banks and expect some erosion over time. As noted
above the area needing reclamation will be no more than 40. 00
acres ± at one time.
All interior pit slopes will be maintained with a pit-ward
attitude so that there will be no drainage off the affected land.
This same slope management plan will prevent any offsite slides
or other disruptions, and will also address some of the storm-
water runoff questions arising from the new Clean Water Act. No
water will be discharged from the pit, until we have a National
Pollutant Discharge Elimination System (NPDES) Permit that will
address dewatering and Stormwater Permit that is now required by
law.
We have adequate water available to meet the requirements
for evaporative loss. An application will be made for a well
permit to address the need for evaporative losses associated with
mining in the ground water table. It may become practical in the
future to line the lake areas, making storage reservoirs of some
of them. If this is done the necessary permit changes will be
made.
MINING TIMETABLE.
The continuing uncertainty of economic conditions in the
construction materials industry precludes an accurate forecast of
demand during the life of the mine. We therefore, elect to
estimate the mining timetable based on an average year and expect
a specific year to vary widely from the average. The estimated
life of each area is the calculated life of the area based on an
average yearly production.
16
MINING PLAN EXHIBIT D (cont)
ACRES AVERAGE ANNUAL
MINING AREA YEARS - PRODUCTION
"DAL AREA MINED AREA ; TONS/YEAR
Bluff Lake 10-16 143. 71 92 .83 600, 000
Confluence Lake 3-5 39.86 23 . 18 600, 000
Highlands Lake 4-6 78. 03 41. 40 600, 000
Longhorn Lake 18-20 207. 73 118.22 600, 000
Lake St. Vrain 3-5 74. 32 30.90 600, 000
Krystal's Lake 1-3 51. 54 12 . 70 600, 000
Meadow Lake 20-30 212 . 34 154 . 10 600, 000
Sand Flats Lake 8-10 80. 72 61. 05 600, 000
Sharkey's Lake 47-50 351. 15 296. 73 600, 000
Totals 1, 239.40 831. 11
17
RECLAMATION PLAN AND TIMETABLE
RECLAMATION PLAN.
The proposed future use is to be a series of nine private
lakes\ponds with surrounding wildlife habitat areas. We intend
to create a quiet haven with facilities for private recreational
purposes such as fishing, hunting, boating and swimming. We have
prepared this plan to meet the final intended use, i.e. a wild-
life habitat reserve and private recreation area. During mining
the area will continue to be used as a working ranch and farm on
the area not mined or being mined. Since the current vegetation
and soils in each lake area varies, the plans discussed below are
a general description of methods used and it will be important to
review each area individually as it is mined.
In the MINING PLAN, we discussed mining 831. 11 acres ±
within the permit boundary and creating individual ponds around
the area. Please refer to MAP EXHIBIT F - RECLAMATION PLAN MAP to
see the location of the areas we discuss in this text. The ponds
created will have irregular shapes and sizes depending on the
amount of material available. This will serve to create a more
pleasing appearance and improve the use for the landowners.
Setbacks from our property line will be 25 feet or greater
except along the east ditch where we will maintain a 50 foot
setback. Along the river we will mine on a 300 feet setback from
the center of the river where large trees grow and 200 feet from
the top of the bank in other areas. These are mining setbacks
and may change due to natural changes to the river channel. In
other words we will mine no closer that 200 feet to the river
bank, but this may be less if the river erodes the bank after
mining is complete. We will not rebuild the 200 foot buffer if
that occurs. The dividers between the lakes are there because of
numerous gas lines serving the gas/oil well around the site. We
will maintain a 25 foot setback from each side of the centerline
of the buried lines. The roads that exist at this mine lie on
the gasline ROWs. Around each well we will leave adequate space
for the oil companies to access and service their wells. For
wells in the excavated area we will leave a 250 by 300 foot pad,
for those on the perimeter of an excavated area. We will mine no
closer than 25 feet to the well heads. We will work with each
well owner to leave them access to the wells prior to mining in
an area around the well.
The proposed setbacks, shown on the MAP EXHIBIT F, define
the outside limits of the areas to be mined, this is where the
slopes into the ponds will begin. Not only will the pond bound-
aries be irregular but the below-water-slopes will be no steeper
that 3 : 1 within the, 5 feet above to 10 feet below area around
the pond. Shallower slopes may be created in conjunction with
the land owners wishes as an area is reclaimed. These shallower
areas, may be used as swim beaches, where waterfowl decoys can be
set and/or fish spawning areas.
The reclamation time table show the various amount of land
in each area and its final use when reclamation is complete.
Approximately 32% of the area in the permit will be undisturbed
by mining, either because it is in areas where no gravel exists,
in setbacks around well facilities and gas lines, or areas we
wish to keep in their natural state.
18
RECLAMATION PLAN EXHIBIT F (cont)
As mining progresses the perimeter slopes will be left at or
near 3h to lv as discussed in the MINING PLAN. This will also
insure, that if mining ceases before it is complete, only a minor
amount of work would have to be done to finish reclamation in the
disturbed area. Other procedures within this plan are designed
to minimize the effect of mid-plan stoppage. One example is the
placement of the soil stockpiles around the setback/perimeter of
the mined area. This will place the topsoil where it will be
needed for reclamation and will reduce the distance it has to be
hauled for reclamation. Usually, this will mean it simply has to
be shaped and graded.
Soils are to be stripped as mining progresses. The plan
calls for having no more than 40. 00 acres ± disturbed at any one
time. As mining progresses across the property some parts of the
property will remain undisturbed while other areas will be either
stripped, mined, partially reclaimed or totally reclaimed. The
MINING PLAN MAP - EXHIBIT C-1 shows how the area will look when
approximately 32% of the Sharkey's Lake is partially mined. Note
how the final slopes around the perimeter of the mined area are
complete and only the working face needs any shaping, if mining
ended at this time.
We expect to salvage sufficient topsoil to meet reclamation
requirements. Of the 831. 11 acres ± in the mined area, only
64 . 17 acres ± or approximately 7. 7% will need resoiling and
revegetation. Our observations of the property indicate the
average salvageable soil depth is 4 to 6 inches except in iso-
lated locations. Never-the-less, what soils can be salvaged will
be stockpiled in perimeter areas and used in resoiling when final
grading is completed. There appears to be more than adequate
soils to meet the demand. The setback areas will not be
stripped, so only the dividers and slopes into the lake areas
will be resoiled. We will need 52 , 300 YD3 for reclamation on the
64 . 17 acres ± to be revegetated throughout the life of the mine.
A cover crop of Western Wheatgrass will be planted on any soil
stockpiles that remain undisturbed for at least a year.
Some of the excess soil will be used to fill in areas that
will contain cattails and bulrushes. The use of soil under water
surfaces, serve to enhance the growth potential in the areas were
cattails are wanted. We may also chose to import inert fill as
defined in Colorado Department of Health regulations, for recla-
mation purposes. This offsite generated fill material may be
used to create fish habitat in the lakes or to armor banks and
points to reduce wave erosion.
The area will be returned to at least it's present vegeta-
tive condition when reclamation is complete. Because there will
be ponds on the property we are not able to return the area is
its exact present condition. When complete, the area will be
better for wildlife use than before mining began. The Natural
Resources Conservation Service (NRCS) report in SOILS AND VEGETA-
TION section gives the background information needed to show we
19
RECLAMATION PLAN EXHIBIT F (cont)
have established the present ground cover percentages when
reclamation is complete.
Existing soils in place have been capable of producing a
fairly dense cover of native grasses suitable for grazing pur-
poses when not abused. The NRCS reports the area is capable of
producing 2 , 000 to 3 ,000 pounds of forage under its present
conditions. We will use this data when doing reclamation to
establish the success of our work.
When final grading and reshaping is complete, the area will
be resoiled. Careful analysis of the growth medium and salvage-
able soil will permit the operator to implement a soil additive
program and to monitor the prescribed seeding plan to determine
if the plan requires revision. Under normal weather conditions,
an adequate moisture reserve will be present for establishment of
the proposed seed mixture. No irrigation will be used during
reclamation as we are trying to establish a vegetation cover that
is not dependent on irrigation to survive.
REVEGETATION PROGRAM.
The revegetation program to be implemented is detailed
below. It incorporates recommendation taken from the report
prepared by Mr. Norm Wells of the Natural Resources Conservation
Service's, Weld County office. This report is located in the
SOILS AND VEGETATION section of this application.
REVEGETATION INFORMATION
The topsoiling plan presented earlier and the revegetation
program are devised after careful review of the existing soil
conditions and present vegetation, both on site and in the
reports contained in the SOILS AND VEGETATION section.
Revegetation will be carried out in such a way, so as to estab-
lish a diverse, effective and long-lasting vegetative cover that
is capable of self-regeneration without continued dependence on
irrigation, soil amendments or fertilizers. The plan is designed
to create a vegetative cover that is at least equal in extent to
the cover of the natural vegetation before mining. The use of
species native to the area are included. Since the intended use
of the reclaimed land is a wildlife habitat reserve and private
recreation area, the land will be restored to slopes commensurate
with such uses.
Seed will be drilled wherever possible, when drilling is not
possible, the seed will be broadcast. The revegetation plan
provides for the greatest probability of success in plant estab-
lishment and vegetative development by considering environmental
factors such as seasonal patterns of precipitation, temperatures
and wind. Other considerations, such as soil texture, fertility,
slope stability and the direction in which slopes face, have been
considered. In a few areas it may be necessary to broadcast the
seed, in which case the seed amounts will be doubled. A weed
control plan is included in the program.
Access roads will be constructed through the areas to be
planted to provide access for planting crews and for the super-
20
RECLAMATION PLAN EXHIBIT F (cont)
vision and inspection of the reclamation plan. These roads will
remain to ensure the owner's have access to the ponds when
reclamation is complete. Final grading on the roads will be done
before the pit is closed.
FERTILIZER.
The operator may have to apply fertilizers to the seedbed
before planting to enhance the natural nutrients in the soil.
Topsoiled areas may also be tested during the beginning of the
second year and fertilizer added accordingly because the soils
may lose their nutrients rapidly. The NRCS recommends using 40
lbs of Nitrogen and 40 lbs of Potassium (P2O5) per acre to en-
hance growth, we will follow their recommendations if test
results show fertilizer is necessary.
SEEDBED PREPARATION.
When the shaping is complete and the soils have been spread,
the surface where seed is to be drilled, will be smoothed of
large clods and worked until moderately fine. The surface will
be left fairly rough where seed is to be broadcast.
SEEDING TIME.
The grass seed mixture will be planted at one of two times.
If fall planting is convenient, the grass seed will be planted
before the first freeze (about the time Winterwheat is planted) .
If spring planting is convenient, it will be done in late April
or in May. The time of planting will be controlled by when the
seedbed areas are ready for planting
GRASSES.
Mr. Wells of the SCS has recommended the following seed
mixture. The number of Pounds-Live Seed (PLS) shown are from his
recommendations shown in the SOILS AND VEGETATION section. :
PROPOSED SEED MIX
Species Lbs. PLS/Acre
Blue Grama ( Lovington) 0. 60
Sideoats Grama (Vaughn) 2 .70
Western Wheatgrass 4 .80
Intermediate Wheatgrass (Oahe) 3 . 60
TOTALS 11. 70
WEED CONTROL.
The revegetated areas will be monitored closely each spring
for the first two years to determine if weeds are invading the
area. Weed control will be initiated if the problem becomes
serious or has not resolved itself by the end of the second year.
In no way should this be taken to mean that we will try to
eradicate the weeds from the property. Some weeds are beneficial
to the upland game species in the area. They provide important
protection from the elements during winter. Total eradication of
21
RECLAMATION PLAN EXHIBIT F (cont)
weeds from the site is not necessary desirable, so we will be
using controls on the noxious weeds and letting the rest grow in
select areas. It may be necessary to control weeds by mowing
after the first year; the feasibility of chemical weed control
methods will be studied should it be necessary. We are hesitant
to use chemicals because of the seedbeds close proximity to water
and the possible risk of contamination occurring.
IRRIGATION.
No irrigation is planned for revegetated area in the pit, it
tends to make the vegetation dependent on water and does not
promote a vegetation cover that is diverse and capable of self
regeneration.
WETLANDS
Part of the initial review we will do on this property will
be to determine the amount of wetlands on the site, if any. With
the political climate at the Federal level regarding wetlands
being what it is we feel a preliminary wetland study is called
for. We contacted Mr. Steve Butler, of ERO Resources, Inc. , to
preform an analysis of the property. They will be doing the
initial work this fall to determine if there are jurisdictional
wetlands in the area we plan to mine. The Division of Wildlife
has indicated there may be some wetland areas along the river but
we will take special precaution to stay out of any wetlands. If
a U.S. Army Corps of Engineers 404 permit is needed we will
obtain it prior to mining any wetland areas.
TREES
We will not disturb a large number of trees during mining.
In fact we are attempting to preserve as many as possible at the
owners request. See MAP EXHIBIT F for the location of the trees
and shrubs discussed in this text. No tree planting is part of
this plan but as the landowners we may wish to add trees in
selected areas.
RECLAMATION PERFORMANCE STANDARDS.
We intend to mine the property in compliance with the
Reclamation Performance Standards of Rule 6. Grading will be
performed to create a final topography that is compatible with
the intended final land use. Most of the dividers and slope
areas will be filled to create the final slopes. These slopes
will vary from 5: 1 to 3 : 1 depending on the final use proposed in
a particular area of a pond; the remainder of the area will
retain its present drainage pattern.
Some offsite fill materials may be use to enhance fish
habitat in the ponds or bank armoring, this material may consist
of broke concrete or other materials suitable for that purpose.
The pit will be reclaimed so that a suitable grade for drainage
exists, all surface runoff will be directed into the ponds
created. Some areas may be silted in from wash water, this type
22
RECLAMATION PLAN EXHIBIT F (cont)
of backfilling tends to firm up and stabilize during the first 18
months after being placed.
All grading will be done in a manner to control erosion and
to protect areas outside the affected land from slides or other
damage. Backfilling and grading will be completed as soon as
feasible after mining is completed in a given area. All refuse
will be hauled away or disposed of in a manner that will control
unsightliness and protect the drainage system from pollution.
There are no acid-forming or toxic materials involved in this
operation. The minimal amounts of petroleum products stored at
the site will be done as prescribed by applicable laws. The
storage tanks will be surrounded by a berm adequate to retain any
fluid should a tank rupture. In addition, there is adequate
absorbent materials on site to contain any spills that would
occur outside the berms. There are no drill or auger holes on
the land. Maximum slopes will be within the limits set forth in
the Rules and Regulations of the Board and will be capable of
being traversed by machinery.
The operator does not expect prevailing hydrologic condi-
tions to be disturbed. We will comply with applicable Colorado
water laws and regulations (as the operator understands them)
governing injury to existing water rights in order to minimize
any disturbance, which might occur to the prevailing hydrologic
balance of the affected land and surrounding areas and to the
quality of water in surface and ground-water systems both during
and after the mining operation and during reclamation. In
addition, the operator expects to comply with applicable Federal
and Colorado water quality laws and regulations. Any water used
in the operation of the processing plants and gravel pit will
come from water owned by Tom Sharkey.
This is a dredge facility, but there are no temporary
siltation structures involved in this operation and no mining is
done within the confines of the river. No U.S. Army Corp of
Engineers Permit is required for reclamation because we will not
mine in waters of the U. S. or wetlands on the site without first
obtaining the necessary permits. Settling ponds will be con-
structed on the site to collect water from the washing operation
before it re-enters the mined part of the lake area. There will
be no earthen dams on the mined area.
The mining and reclamation plans consider existing wildlife
conditions and final reclamation will enhance the area for
wildlife use. The mining and reclamation plans take into account
the safety and protection of wildlife remaining on the mine site,
processing site, and along all access roads to the site. Wild-
life habitat creation and management is a specific part of the
reclamation plan. Whenever possible the landowners will work
toward the improvement of habitat for wildlife.
Topsoil in the area is poor in quality. When topsoil must
be removed to reach the mineral deposit, it will be segregated
and stockpiled. If the topsoil piles remain undisturbed for more
than a year, a vegetative cover of 2 #PLS per 100 sq-ft or
Western Wheatgrass will be planted or other means will be em-
23
RECLAMATION PLAN EXHIBIT F (cont)
ployed to preserve the topsoil from wind and water erosion and
keep it free of contaminants so that it remains useful for
sustaining vegetation when reclamation begins. The stockpiles
will be located in areas where disturbances by ongoing mining
operations will be at a minimum, i.e. along setbacks on the pit
perimeter. The topsoil will be handled as little as possible
until it is replaced onto disturbed areas. We will take measures
necessary to insure the stability of the replaced topsoil on
graded slopes and spreading it as evenly a possible. Fertilizer
and other soil amendments will be used, if needed, in accordance
with the NRCS recommendations.
RECLAMATION TIMETABLE.
Reclamation will begin once enough area has been opened so
that any reclamation completed will not be disturbed as mining
progresses. This may take 5 or more years depending on the
economic condition is the area and the amount of material mined.
By the time mining is completed approximately 85% of the total
mined land will be reclaimed. We expect all but the working face
in any given area will be completed when mining ends so only a
small amount of area will need grading. Shortly there after all
resoiling and revegetation will be completed, probably by the end
of the second fall after mining is completed. The area will be
monitored for success of revegetation until accepted by the
Board. If revegetation failures occur prior to release, an
analysis of the site will be made and the area will be revege-
tated again as necessary.
ACRES ',±
AREA YEARS
TOTAL LAKE REVEGET ROAD "ND IS-
AREA L ATION TURBED
Bluff Lake 3-5 143.71 82 .49 10.34 2 .65 48 .23
Confluence Lake 3-5 39 .86 21 .24 1 .94 0.99 15 .69
Highlands Lake 3-5 78.03 35.71 5 .69 0.41 36 .22
Longhorn Lake 3-5 207 .73 109.50 8 .72 0.94 88.57
Lake St. Vrain 3-5 74.32 24.95 5 .95 0.91 42 .51
Krystal's Lake 3-5 51 .54 10.96 1 .74 1 .26 37.58
Meadow Lake 3-5 212 .34 144.48 9 .62 2.30 55.94
Sand Flats Lake 3-5 80 .72 56. 30 4 .75 0.94 18.73
Sharkey's Lake 3-5 351 . 15 281. 31 15 .42 2 .35 52 .07
TOTALS 11,239 .40 766.941 64.17 12.75 395.54
24
NOISE REPORT
This noise report was prepared by acquiring the noise data
supplied by equipment manufactures for each piece of equipment we
will have at the site, this is not a site specific noise report.
These figures represent the average noise generated by the
specific piece of equipment to be at the site. The processing
plant is operated on electricity and the noise is created when
larger rock is processed. We will have as many as four screen
decks that separate the processed materials, the noise from this
plant occurs as the mined materials is passes over the screens.
This plant and all of the equipment will be located no closer
that 500 feet from the property line. We do not believe the
noise generated from this pit will disturb surrounding resi-
dences. The closest house is approximately 200 feet from the
closest mining area. We will work with the neighbors to keep
noise disturbance to minimum.
Noise Noise Level (decibels)
source 100 ft. 200 ft. 300 ft.
Pickups, and
utility vehicles 72-66 70-62 56-48
Dragline 73-78 69-71 55-61
Motor Grader 77-72 70-68 62-58
Frontend loader 73-78 69-71 55-61
Processing Plant 85-95 81-86 67-62
Haul Trucks & scrapers 77-72 70-68 62-58
Gravel dredge 72-66 70-62 56-48
25
DUST CONTROL PLAN
The following controls will be used at this pit to control
fugitive particulate emissions. Once we will have an Air Pollu-
tion Permit from the Air Quality Control Commission (AQCC) these
requirements may vary. AQCC requirements may be more stringent
that these proposed controls.
1. Topsoil stockpiles will be revegetated with an MLRB ap-
proved seed mixture to prevent erosion, material deteriora-
tion and fugitive emissions.
2 . Emissions from material handling such as removal, convey-
ing, loading, and hauling will be controlled with water
spray at all times unless adequate material moisture is
sufficient to control emissions.
3 . Vehicle speed will be maintained to the posted limit on
County roads, on interior unpaved roads haul speeds will be
limited to 15 MPH. We will post signs.
4 . Emissions from unpaved haul roads will be controlled by
watering twice a day or as needed depending on season of
the year.
5. Emissions from haul trucks shall be prevented by limiting
loads to the legal weight and load covers will be used to
stop wind loss.
6. Reclamation work shall take place to keep the total dis-
turbed areas at any one time to a minimum.
7 . Contact information:
Operator: Platte Sand & Gravel, LLC
Contact: Tom Sharkey or Rocky Hoffschneider
Phone #: (719) 338-1219 or (303) 274-4474
26
LEGAL DESCRIPTION (Sharkey Parcels)
A TRACT OF LAND BEING THAT PART OF THE E1/2 OF THE SW1/4 AND OF THE SE1/4 OF
SECTION 2, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH P.M., LYING EAST OF THE
SOUTH PLATTE RIVER AND LYING WESTERLY OF THE EASTERLY LINE OF PROPERTY
DESCRIBED IN DEED TO THE DENVER, LARAMIE AND NORTHWESTERN RAILWAY COMPANY
RECORDED IN BOOK 289 AT PAGE 146, EXCEPT THAT PART THEREOF INCLUDED IN THE
DESCRIPTION OF A 2.28 ACRE TRACT IN DEED TO THE WESTERN MUTUAL DITCH COMPANY
RECORDED IN BOOK 393 AT PAGE 39. THE E1/2 OF THE NW1/4 AND THE NE1/4 OF
SECTION 2, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH P.M.
ALL THAT PART OF THE SE1/4 OF SECTION 23, TOWNSHIP 4 NORTH, RANGE 67 WEST OF
THE 6TH P.M. LYING SOUTH AND EAST OF THE UNION PACIFIC RAILROAD RIGHT-OF-WAY
AS IT PRESENTLY EXISTS.
THE NE1/4, THE S1/2, AND ALL OF THAT PORTIONS OF THE N1/2 OF SECTION 26,
TOWNSHIP 4 NORTH, RANGE 67 WEST OF THE 6TH P.M. LYING SOUTH OF A FENCE LINE.
EXCEPT THAT PART OF SAID SECTION 26 DESCRIBED IN DEED TO UNION PACIFIC
RAILROAD COMPANY RECORDED IN BOOK 248 AT PAGE 378, AND EXCEPT THAT PART OF
SAID SECTION 26 DESCRIBED IN DEED TO UNION PACIFIC RAILROAD COMPANY RECORDED
IN BOOK 341 AT PAGE 403, AND EXCEPT THAT PART OF THE E1/2 OF THE SW1/4 OF SAID
SECTION 26 DESCRIBED AS BEING A STRIP OF LAND 200 FEET IN WIDTH ON EACH SIDE
OF THE CENTERLINE OF THE UNION PACIFIC RAILROAD COMPANY AS EXCEPTED IN DEED
FROM THE UNION PACIFIC RAILROAD COMPANY RECORDED IN BOOK 1251 AT PAGE 226, AND
EXCEPT THE SITE OF OLD FORT ST. VRAIN IN THE SE1/4 OF SAID SECTION 26 AS
DESCRIBED IN DEED TO COUNTY OF WELD RECORDED IN BOOK 1341 AT PAGE 177 AND
EXCEPT THAT PART OF THE E1/2 OF THE SE1/4 OF SECTION 26, LYING EAST AND SOUTH
OF THE WESTERN MUTUAL DITCH.
THE SE1/4 OF THE NE1/4 AND THAT PORTION OF THE NE1/4 OF THE SE1/4 BEING NORTH
OF THE PRESENT COURSE OF THE PLATTE RIVER AND AMOUNTING TO, BUT NO EXCEEDING,
10 ACRES, ALL IN SECTION 34, TOWNSHIP 4 NORTH, RANGE 67 WEST OF THE 6TH P.M.
ALL OF THE SECTION 35, EXCEPT THE SW1/4 OF THE SW1/4 IN TOWNSHIP 4 NORTH,
RANGE 67 WEST OF THE 6TH P.M.
EXCEPT THAT PART OF THE E1/2 OF THE NE1/4 OF SAID SECTION 35, LYING EAST AND
NORTH OF THE WESTERN MUTUAL DITCH.
ALL IN WELD COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS
THE BASIS OF BEARING IS THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 2,
TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH P.M. AS MONUMENTED AT THE EAST
QUARTER CORNER OF SAID SECTION 2 BY A 2-1/2" ALUMINUM CAP STAMPED T5N, R67W 2
1 1998 PLS 32344, AND AT THE SOUTHEAST CORNER OF SAID SECTION 2 BY A 3-1/4"
ALUMINUM CAP STAMPED MCRAE AND SHORT INC. T3N R67W S2, 51, 511, S12, 1999, PLS
7242 BEING CONSIDERED TO BEAR NO°05"34"W A DISTANCE OF 2619.55 FEET.
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 2; THENCE N89°30'32"W AND
ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 2 A DISTANCE OF
1364.26 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF THAT TRACT OF
LAND DESCRIBED IN BOOK 289 AT PAGE 146 IN THE RECORDS OF WELD COUNTY, COLO-
RADO, SAID POINT BEING THE POINT OF BEGINNING; THENCE N89°32'32"W A DISTANCE
OF 1245.35 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 2; THENCE
N89°32'13"W AND ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION
2 A DISTANCE OF 1074.16 FEET TO A POINT ON THE EASTERLY BANK OF THE SOUTH
PLATTE RIVER; THENCE NORTHERLY AND ALONG THE EASTERLY BANK OF THE SOUTH PLATTE
RIVER
THE FOLLOWING 9 COURSES:
1. N7°15'31"E A DISTANCE OF 317.23 FEET;
2. N26°32'34"W A DISTANCE OF 290.69 FEET;
3. N12°30'24"W A DISTANCE OF 184.39 FEET;
4. N8°06'29"W A DISTANCE OF 212.53 FEET;
5. N21°13'42"W A DISTANCE OF 193.13 FEET;
6. NO°01'20"E A DISTANCE OF 1060.00 FEET;
7. N69°12'56"E A DISTANCE OF 534.88 FEET;
8. N52°37' 01"E A DISTANCE OF 214.01 FEET;
9. N19°47'43"W A DISTANCE OF 118.13 FEET;
Sharkey Parcel (cont)
TO A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 2;
THENCE N89°10'31"E AND ALONG THE NORTH LINE OF THE SW1/4 OF SAID SECTION 2, A
DISTANCE OF 632.05 FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE
NORTHWEST QUARTER OF SAID SECTION 2; THENCE NO°03'25"W AND ALONG THE WEST LINE
OF THE EAST HALF OF THE NW1/4 OF SAID SECTION 2 A DISTANCE OF 2666.01 FEET TO
THE NORTHWEST CORNER OF THE E1/2 OF THE NW1/4 OF SAID SECTION 2, SAID POINT
ALSO BEING THE SOUTHWEST CORNER OF THE SE1/4 OF THE SW1/4 OF SAID SECTION 35;
THENCE N1°25'45"W AND ALONG THE WEST LINE OF THE SE1/4 OF THE SW1/4 OF SAID
SECTION 35 A DISTANCE OF 1312.69 FEET TO THE SW1/4 OF SAID SECTION 35; THENCE
S89°57'53" AND ALONG THE SOUTH LINE OF THE NW1/4 OF THE SW1/4 OF SECTION 35 A
DISTANCE OF 1304.22 FEET TO THE SOUTHWEST CORNER OF THE NW1/4 OF THE SW1/4 OF
SAID SECTION 35, SA OF 2535.34 FEET TO THE EAST QUARTER CORNER OF SAID SECTION
26; THENCE SO°51'28"E AND ALONG THE EAST LINE OF THE SE1/4 OF SAID SECTION 26
A DISTANCE OF 712.08 FEET TO A POINT ON THE NORTHERLY ROW LINE OF THE WESTERN
MUTUAL DITCH AS DESCRIBED IN BOOK 118 AT PAGE 498 OF THE RECORDS OF WELD
COUNTY, COLORADO; THENCE WESTERLY, AND SOUTHERLY ALONG THE NORTHERLY AND
WESTERLY RIGHT OF WAY LINE OF SAID WESTERN MUTUAL DITCH THE FOLLOWING 18
COURSES:
1. N83°00'22"W A DISTANCE OF 210.96 FEET TO A POINT OF CURVE; 2. ALONG THE ARC
OF A CURVE TO THE LEFT HAVING A DELTA OF 88°28'31", A RADIUS OF 455.00 FEET,
AN ARC LENGTH OF 702.60 FEET TO A POINT OF TANGENT; 3. S8°31'07"W A DISTANCE
OF 862. 16 FEET TO A POINT OF CURVE; 4. ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A DELTA OF 49°29'26" A RADIUS OF 307.00 FEET, AN ARC LENGTH OF 265. 18
FEET TO A POINT OF TANGENT; 5. S40°58' 19"E A DISTANCE OF 39.74 FEET TO A POINT
OF CURVE; 6. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A DELTA OF
51°28'03", A RADIUS OF 260.00 FEET, AN ARC LENGTH OF 233.55 FEET TO A POINT OF
TANGENT; 7. S10°29'44"W A DISTANCE OF 555.88 FEET TO A POINT OF CURVE; 8.
ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A DELTA OF 16°29'20" A RADIUS OF
560.00 FEET, AN ARC LENGTH OF 161.16 FEET TO A POINT OF REVERSE CURVE; 9.
ALONG THE ARC OF A CURVE TO THE LEFT HAVING A DELTA 60°09'44", A RADIUS OF
500.00 FEET, AN ARC LENGTH OF 525.01 FEET TO A POINT OF TANGENT; 10.
833°10"40'E A DISTANCE OF 300.25 FEET TO A POINT OF TANGENT; 11. ALONG THE ARC
OF A CURVE TO THE LEFT HAVING A DELTA OF 25°00'48", A RADIUS OF 800.00 FEET,
AN ARC LENGTH OF 349.25 FEET TO A POINT OF TANGENT; 12. S58°11"29'E A DISTANCE
OF 371.71 FEET TO A POINT OF CURVE; 13. ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A DELTA OF 52°25'04", A RADIUS OF 310.00 FEET, AN ARC LENGTH OF 283.61
FEET TO A POINT OF TANGENT; 14. S5°46'24"E A DISTANCE OF 101.94 FEET TO A
POINT OF CURVE; 15. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A DELTA OF
43°39' 12", A RADIUS OF 260.00 FEET, AN ARC LENGTH OF 198.09 FEET TO A POINT OF
TANGENT; 16. S37°52'48"W A DISTANCE OF 300.18 FEET TO A POINT OF CURVE; 17.
ALONG THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 27°09'20", A RADIUS OF
440.00 FEET, AN ARC LENGTH OF 208.54 FEET TO A POINT OF TANGENT; 18.
S10°43'28" W A DISTANCE OF 21.12 FEET TO A POINT ON THE NORTH LINE OF THE
SE1/4 OF SAID SECTION 35;
THENCE N89°53'37"E AND ALONG THE NORTH LINE OF THE SE1/4 OF SAID SECTION 35 A
DISTANCE OF 336.96 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 35; THENCE
S1°08'39"E AND ALONG THE EAST LINE OF THE SE1/4 OF SAID SECTION 35 A DISTANCE
OF 2644.33 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 35; THENCE S0°08' 14"E
AND ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 2 A DISTANCE OF
2710.81 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 2; THENCE N89°10'31"W
AND ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 2 A DISTANCE OF
1528.15 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF THE DENVER,
LARAMIE AND NORTHWESTERN RAILWAY AS DESCRIBED IN BOOK 289 AT PAGE 146 IN THE
RECORDS OF WELD COUNTY, COLORADO; THENCE S3°39'20" E AND ALONG SAID WESTERLY
RIGHT OF WAY A DISTANCE OF 2635.20 FEET TO THE POINT OF BEGINNING. CONTAINING
A CALCULATED AREA OF 1,574.93 ACRES EXCLUDING THE EXCEPTIONS CONTAINING A
CALCULATED AREA OF 22.73 ACRES RESULTING IN A NET CALCULATED AREA OF 1,552.20
ACRES.
LEGAL DESCRIPTION (Hoff schneider Parcel)
A TRACT OF LAND BEING THAT PART OF THE E1/2 OF THE SE1/4 OF SECTION 2,
TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH P.M. , LYING FAST OF the EASTERLY
LINE OF PROPERTY DESCRIBED IN DEED TO THE DENVER, LARAMIE AND NORTHWESTERN
RAILWAY COMPANY RECORDED IN BOOK 289 AT PAGE 146, EXCEPT THAT PART THEREOF
INCLUDED IN THE DESCRIPTION IN A DEED TO THE WESTERN MUTUAL DITCH COMPANY.
ALL IN WELD COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS
THE BASIS OF BEARING IS THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 2,
TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH P.M. AS MONUMENTED AT THE EAST
QUARTER CORNER OF SAID SECTION 2 BY A 2" ALUMINUM CAP STAMPED T5N, R67W 2 1
1998 PLS 32344, AND AT THE SOUTHEAST CORNER OF SAID SECTION 2 BY A 3-1/4"
ALUMINUMRAE AND
BEAR NO1RT INC.°13"47"WTAN S2, SDISTANCE 0F12619.55S12, 1999, PLS
STPED FEET.
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 2; THENCE N89°30'32"W,
SAID POINT BEING THE POINT OF BEGINNING; THENCE N01°13'47"W A DISTANCE OF
2619.52 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 2; THENCE S89°33'28"W
AND ALONG THE NORTH OF THE SOUTHWEST QUARTER OF SAID SECTION 2 A DISTANCE OF
701.76 FEET ; THENCE S00°26'08"E A DISTANCE OF 725.23 FEET; THENCE 588°46'19"W
A DISTANCE OF 655.036 FEET; THENCE SO1°13'44"E A DISTANCE OF 1271.48 FEET;
THENCE S04°43'01"E A DISTANCE OF 621.56 FEET; TO A POINT ON THE SOUTH LINE OF
SAID SECTION 2; THENCE ALONG THE SOUTH LINE OF SAID SECTION 2 N89°20' 16" A
DISTANCE OF 1265.92 FEET TO THE POINT OF BEGINNING. CONTAINING 68.21 ACRES
MORE OF LESS.
FROM : RgPRO ENV SVCS FAX NO. : 9705359654 Jun. OS 2001 11:36AM P2
4311 Highway 66, Suite 4
Longmont, CO 80504
Office(970) 535-9318
Fax: (970) 535-9854
Kim Ogle,Planner II Friday,June 8,2001
Weld County Planning Department
1555 N. 17th Avenue
Greeley, CO, 80631
Subject: Platte Sand and Gravel,USR-1306
Dear Mr.Ogle,
Thank you for your efforts to date regarding the Platte Sand and Gravel project,USR-1306. We understand you will
be absent for approximately 30 days. Since the Weld County Planning and Zoning hearing on Tuesday, June 5,
2001, in your absence, we have been in contact with Assistant County Attorney, Mr. Lee Morrison and Lead
Planner,Ms.Julie Chester regarding future procedures.
After extensive meetings with the owners and advisors of Platte Sand and Gravel/ S&H Mine that included taking
stock in the comments of the community and the planning and zoning commission, the applicants wish to not
proceed directly to the Weld County Commissioners,hut revise the size and scope of the project and supplement the
county file.
Additionally, after supplementation of the file and upon your return, the applicant requests a second hearing before
the Weld County Planning and Zoning Commission as the schedule allows_ This request includes re-notification of
all neighbors and interested parties notified in the previous hearing of June Se'. I would like to meet with you at
your convenience to discuss the procedures, schedule and any fees required for re-notification etc.
Finally,the new contact and representative for all matters on USR 1306 is Thomas listen and AgPro Environmental
Services, LLC_ Please direct all correspondence and calls to this office.
If you should have any questions,please contact me at our office(970)535- 318 or cell phone(303)746-0984.
Sin
Th as . area Rocky offsclmeider
A o Environmental Services, LLC Platte Sand&Gravel/S&H Mine
Pc: Frederick Ginsberg,Platte Sand&Gravel
Tom Sharkey,Platte Sand&Gravel
Julie Chester,Weld County Planning and Zoning
Lee Morrison, Weld County Attorney's Office
ERO Resources Corp. Fi
t
1842 Clarkson Street r �
Denver, 0080218 ! 1 ^CJ ii'f i r; is1('. 1 nt..
(303) 830-1188
Fax: 830-1199
Denver . Boise February 6, 2001
www.eroresources.com
ero@eroresources.com Mr. Peter Plage r i.
Colorado Field Office
U.S. Fish and Wildlife Service
P.O. Box 25486, DFC
Denver, CO 80225
RE: Preble's Meadow Jumping Mouse Habitat Assessment for Scottsdale Ranches
Dear Mr. Plage:
Enclosed please find a copy of a Preble's meadow jumping mouse habitat assessment for
proposed sand and gravel mining activities at the Scottsdale Ranches site. The proposed
projects will not affect Preble's or its potential habitat. These issues are explained in
more detail in the attached report.
I would appreciate written acceptance or rejection of this habitat evaluation. Please call
me if you need any additional information or have any questions. I look forward to
hearing from you.
Sincerely,
•
Steve Butler
Biologist
Enclosure
cc w/encl: Mr. Rocky Hoffschneider, Platte Sand& Gravel, L.L.C.
Mr. Tom Sharkey
Mr. Steve O'Brian, Environment, Inc.
Mr. Kim Ogle, Weld County Planning Department
ERO File
pm ut cover letter doc Consultants in
Natural Resources
and the Environment
PREBLE'S MEADOW JUMPING MOUSE
HABITAT ASSESSMENT FOR
SCOTTSDALE RANCHES
WELD COUNTY, COLORADO
Prepared for—
Mr. Rocky Hoffschneider
Platte Sand & Gravel L.L.C.
1300 Harlan Street
Lakewood, Colorado 80215
Prepared by—
ERO Resources Corporation
1842 Clarkson Street
Denver, CO 80218
(303) 830-1188
February 6, 2001
ERO
Resources
Corporation
PREBLE'S MEADOW JUMPING MOUSE HABITAT ASSESSMENT FOR
SCOTTSDALE RANCHES
FEBRUARY 6, 2001
Objectives
The purpose of this assessment is to determine the presence or absence of Preble's
meadow jumping mouse habitat at the site of a proposed sand and gravel mine at the
Scottsdale Ranches property. The property is located in the Milliken and Platteville 7'/z-
minute USGS quads, in portions of Township 3, Range 67 West, Section 2, and portions
of Township 4 North, Range 67 West, Sections 24, 26, 34, and 35 in Weld County,
Colorado (Figure 1). The proposed project is located in portions of Sections 34 and 35.
Project Description
The proposed project consists of sand and gravel mining in an approximately 296-
acre area located mostly within an abandoned center pivot, to be called Sharkey's Lake.
The project will also include a 16-acre plant site to be located just southeast of the gravel
pit. The edge of the proposed gravel pit will be set back approximately 150 feet from the
South Plate River. Note that the Milliken Quadrangle was last updated in 1969 and the
location of the river is not shown accurately on the USGS map (see Figure 2). A second
gravel pit to be called Highlands Lake will be located in an 11-acre area south of the
ranch compound. In future years, the mined area will be expanded to include an
additional area of approximately 500 acres in approximately eight additional gravel pits.
A shop site is proposed for a 13-acre parcel just west of the ranch compound. All
existing cottonwood trees will be preserved at the site. The boundaries of all the
proposed mining areas were drawn to avoid disturbance of the riparian corridor along the
South Platte River.
1 ERO
Resources
Corporation
PREBLE'S MEADOW JUMPING MOUSE HABITAT ASSESSMENT
SCOTTSDALE RANCHES
Overall Site Description
The property includes two parcels of land referenced as the Sharkey Property and the
Hoffschneider Property located mostly east of the South Platte River in Weld County.
The portion of the site west of the river was not visited during the site visit, but is similar
to the rest of the property, with the addition of some low bluffs in the northwest corner of
the site.
The site is currently used mostly as irrigated hayfield and livestock pasture. An area
in the northern portion of the site is used to grow corn. A number of oil and gas wells are
scattered throughout the site. The western edge of the site includes portions of the South
Platte River and its riparian corridor. The Western Mutual Ditch flows along the eastern
boundary of the site. A ranch house, barns, and other buildings are located on the eastern
edge of the property, east of the ditch.
The South Platte River riparian corridor varies from sparsely vegetated to dense
stands of cottonwood (Populus deltoides), sandbar willow(Salix exigua), and other
riparian vegetation. Other plant species that occur along the river include Siberian elm
(Ulmus pumila), peach-leaf willow(Salix amygdaloides), prairie cordgrass (Spartina
pectinata), reed canarygrass (Phalaris arundinacea), goldenrod(Solidago canadensis),
western ragweed (Ambrosia psilostachya), mullein (Verbascum thapsus), and showy
milkweed (Asclepias speciosa).
A small drainage runs from just southwest of the ranch compound north toward the
river. Vegetation along this drainage consists of reed canarygrass, prairie cordgrass,
various bulrushes (Scirpus spp.), and cattail (Typha latifolia).
The vegetation of the grazed portions of the site includes common pasture grasses
such as smooth brome (Bromus inermis), western wheatgrass (Agropyron smithii),
intermediate wheatgrass (Agropyron intermedium), and other weedy vegetation such as
cheatgrass (Bromus tectorum). Prairie dog towns cover several hundred acres at the site,
especially in the abandoned center-pivot area.
2 ERO
Resources
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PREBLE'S MEADOW JUMPING MOUSE HABITAT ASSESSMENT
SCOTTSDALE RANCHES
Description of Proposed Project Areas
Proposed Sharkey's Lake and Plant Site
The proposed Sharkey's Lake and Plant Site are located near the center of the
property (see Figures 2 and 3). Most of this area consists of an abandoned center pivot
that is currently occupied by a prairie dog town (see Photos 3 and 4). The vegetation of
this area consists of heavily grazed prairie grasses and weeds interspersed with bare
ground around the prairie dogs burrows. Identified plant species include western
wheatgrass, smooth brome, cheatgrass, musk thistle (Carduus nutans), rabbitbrush
(Chrysothamnus nauseosus), and curlycup gumweed (Grindelia squarrosa). An irrigated
hayfield covers the eastern portion of the proposed Sharkey's Lake site, between the
abandoned center pivot and the main ranch road. This irrigated area is separated from the
South Platte River by prairie dog towns.
Proposed Highlands Lake Site
The proposed Highlands Lake site occupies an area of approximately 11 acres slightly
elevated above the surrounding land. This area is also covered by prairie dog burrows
and is sparsely vegetated. The Western Mutual Ditch is located just to the east, but the
ditch lacks significant shrub cover.
Proposed Shop Site
The proposed shop site covers approximately 13 acres just west of the ranch
compound. The vegetation of this area includes common pasture grasses such as smooth
brome, western wheatgrass, and tall wheatgrass (Agropyron elongatum). The proposed
shop site appears to be currently used as pasture for cattle.
Conclusions and Discussion
Preble's mice typically inhabit areas characterized by well-developed plains riparian
vegetation with relatively undisturbed grassland and a water source in close proximity
(Armstrong et al. 1997). Recent studies have suggested that Preble's may have a wider
ecological tolerance than previously thought, and that the requirement for diverse
vegetation and well-developed cover can be met under a variety of circumstances
3 ERO
Resources
Corporation
PREBLE'S MEADOW JUMPING MOUSE HABITAT ASSESSMENT
SCOTTSDALE RANCHES
(Meaney et al. 1997). Radio-tracking studies conducted by the Colorado Division of
Wildlife (CDOW) have documented Preble's using upland habitat adjacent to wetlands
and riparian areas (Shenk and Sivert 1999). Additional research by CDOW has suggested
that habitat quality for PMJM can be predicted by the amount of shrub cover available at
a site (White and Shenk 2000).
Current U.S. Fish and Wildlife Service guidelines consider upland areas (including
irrigated hayfields) within 300 feet of the 100-year floodplain of drainages to be potential
habitat. Based on these criteria,the South Platte River and much of the surrounding
uplands could be potential habitat for Preble's. The guidelines also specifically state that
prairie dog towns and row crops such as cornfields are not suitable habitat for the mouse.
In addition, numerous trapping surveys along the South Platte River north of Denver have
failed to capture Preble's.
Although potentially suitable Preble's habitat is present nearby, the proposed
Sharkey's Lake, Highlands Lake, plant site, and shop site are not habitat for Preble's
meadow jumping mouse because sparsely vegetated prairie dog towns mostly cover these
areas. The irrigated hayfield on the eastern edge of the Sharkey's Lake site and the shop
site are isolated from the South Platte River by prairie dog towns. In order to reach this
area from potential habitat near the river, a Preble's would have to cross the prairie dog
town or travel more than one mile up the intermittent drainage located to the east.
Given these facts, it is highly unlikely that the development of the proposed gravel
mine sites and the proposed plant and shop facilities would adversely affect the Preble's
mouse or its potential habitat. On behalf of South Platte Sand& Gravel, L.L.C., ERO
requests that these areas be excluded from a trapping survey for Preble's. Because
potential Preble's habitat exists in riparian areas nearby, we are currently planning an
extensive trapping effort along the South Platte River at the site in the summer of 2001 to
exclude the remainder of the site as Preble's habitat.
4 ERO
Resources
Corporation
PREBLE'S MEADOW JUMPING MOUSE HABITAT ASSESSMENT
SCO'FTSDALE RANCHES
References
Armstrong, D.M., M.E. Bakeman, A. Deans, C.A. Meaney, and T.R. Ryon. 1997. Report
on habitat findings of the Preble's meadow jumping mouse. Boulder, Colorado. Report
to the U.S. Fish and Wildlife Service and Colorado Division of Wildlife..
Meaney, C.A., A. Deans,N.W. Clippenger, M. Rider,N. Daly, and M. O'Shea-Stone.
1997. Third year survey for Preble's meadow jumping mouse (Zapus hudsonius
preblei) in Colorado. Boulder, Colorado. Under contract to Colorado Division of
Wildlife.
Shenk, T.M. and M.M. Sivert. 1999. Movement patterns of the Preble's meadow jumping
mouse as they vary across time and space. Fort Collins, Colorado. Colorado Division
of Wildlife.
White, Gary C. and Tanya M. Shenk. 2000. Relationship of Preble's Meadow Jumping
Mouse Densities to Vegetation Cover. Colorado Division of Wildlife Report.
Qualifications of Surveyors
Qualifications of W. Stephen Butler have been previously submitted to the U.S. Fish
and Wildlife Service and are available upon request. Mr. Butler has a Master of
Environmental Management degree from Duke University, School of the Environment
and a B.S. in Biology from Indiana University. He has 5 years experience conducting
trapping surveys for Preble's meadow jumping mouse and has experience identifying and
handling Preble's in the field.
5 FRO
Resources
Corporation
) 42
� W
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HtA Scottsdale Ranches Site Figure 1
Site Location
T4N, R67W, Sections 24,26,34,35
ER0 Resources Corp. N
1842 Clarkson Street Milliken and Platteville Quadrangles, A Prepared for Platte Sand and Gravel LLC
Denver,CO 80218 File: 1376-Figl cdr
(303)830-1188 Weld County, Colorado 1 inch=2,000 Feet December 2000
Fax'. 830-1199
PLATTE SAND & GRAVEL L.L. C.
S & H MINE - EXTRACTION PLAN MAP
'''0( IA 11.911.PISCIFfOli
/* ! ►websWd JlYrl.rr.wrfJw/ww1
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S & H MINE
MINING PLAN MAP TOTAL AREA 1,239.40 AC. I
MINED SS IA AC- I
•••••••••/••••••MM/42/••/•••/••14.5.m.a
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..... art _�-w--Y^ ,Z as YAP PAGE 4 OF 5
SCOTTSDALE RANCHES
PHOTO LOG
DECEMBER 1,2000
t rl X..t +r rvN
•
'• 'a"?'
+ �`»a afi F,�. .eriwJYa a-•
. "1WIC,rr _}tit'.N. ,c3, M.. a ? t`.'w A. .sa..₹3a'= . ,.rs w tt. xi4 n 11•;;; ..:.. d. ,o r"Ay{in c ,
Photo 1 - View northwest from Highlands Lake site towards South Platte River.
,hF. ids.44 ��� •
i� + `{¢ t•
r ", 4S
I �A =nr 7 � r wA1 yr '
•
Photo 2 - View east along southern edge of abandoned center pivot.
SCOTTSDALE RANCHES
PHOTO LOG
DECEMBER 1,2000
Photo 3 - View southeast across proposed Sharkey's Lake site.
1
Photo 4 - View southwest across proposed Sharkeys Lake site.
SCOTTSDALE RANCHES
PHOTO LOG
DECEMBER 1,2000
yy
•r. Y.�. - A L.. ,r
Photo 5 - South Platte River, southwest of proposed Sharkey's Lake site.
241.
Photo 6 - South Platte River, southwest of proposed Sharkey's Lake site.
SCOTTSDALE RANCHES
PHOTO LOG
DECEMBER 1,2000
7r. 1 *:6; :.a}.�� t L i..�Y La- •
hT^.
. :iL- '( C'., .pgy�,,, « `' ha 5,.
•
t - . 1 S ..yam i• " Y V?. _Photo 7 - View north along intermittent drainage. Proposed shop site is located to the right
of photo.
ERO
Resources Corp. rT�
1842 Clarkson Street
Denver, CO 80218
(303) 830-1188
Fax: 830-1199
Denver • Boise
www.eraresources.com February 6, 2001
ero@eroresources.com
Mr. Kim Ogle
Weld County Department of Planning Services
1555 N. 17th Avenue
Greeley, Colorado 80631
RE: Environmental Review for Scottsdale Ranch Property
Dear Mr. Ogle:
On December 1, 2000, I conducted a preliminary site review on behalf of Platte Sand &
Gravel, LLC at the Scottsdale Ranch Property for potential wetlands and for the presence
of potential habitat for threatened or endangered species. The results of this site visit are
described in the attached report.
Please give me a call if you have any questions.
Sincerely,
Steve Butler
Biologist
Attachments: Environmental Review for Scottsdale Ranches
cc: Mr. Rocky Hoffschneider, Platte Sand & Gravel, L.L.C.
Mr. Tom Sharkey
Mr. Steve O'Brian, Environment, Inc.
ERO File
- - Consultants in
Natural Resources
and the Environment
ENVIRONMENTAL REVIEW FOR
SCOTTSDALE RANCHES
WELD COUNTY, COLORADO
Prepared for—
Mr. Rocky Hoffsclmeider
Platte Sand & Gravel L.L.C.
1300 Harlan Street
Lakewood, Colorado 80215
Prepared by
ERO Resources Corporation
1842 Clarkson Street
Denver, CO 80218
(303) 830-1188
February 6, 2001
ERO
Resources
Corporation
ENVIRONMENTAL REVIEW
SCOTTSDALE RANCHES
FEBRUARY 6,2001
Objectives
The purpose of this assessment is to review the site of a proposed sand and gravel
mine at the Scottsdale Ranches property for potential wetlands, endangered species
habitat, or wildlife issues that could potentially affect the project. The property is located
in the Milliken and Platteville 7'h-minute USGS quads, in portions of Township 3, Range
67 West, Section 2, and portions of Township 4 North, Range 67 West, Sections 24, 26,
34, and 35 in Weld County, Colorado (Figure 1). The proposed project is located in
portions of Sections 34 and 35.
Project Description
The proposed project consists of sand and gravel mining in an approximately 296-
acre area located mostly within an abandoned center pivot, to be called Sharkey's Lake.
The project also will include a 16-acre plant site to be located just southeast of the gravel
pit. The edge of the proposed gravel pit will be set back approximately 150 feet from the
South Plate River. Note that the Milliken Quadrangle was last updated in 1969 and the
location of the river is not shown accurately on the USGS map (compare Figures 1 and
2). A second gravel pit to be called Highlands Lake will be located in an 11-acre area
south of the ranch compound. In future years, the mined area will be expanded to include
an additional area of approximately 500 acres in approximately eight additional gravel
pits. A shop site is proposed for a 13-acre parcel just west of the ranch compound. All
existing cottonwood trees will be preserved at the site. The boundaries of all the
proposed mining areas were drawn to avoid disturbance of the riparian corridor along the
South Platte River.
p:\1300 projects\1376 scottsdale ranch env review\env review.docl ERO
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Corporation
ENVIRONMENTAL REVIEW
SCOTTSDALE RANCHES
Overall Site Description
The property includes two parcels of land referenced as the Sharkey Property and the
Hoffschneider Property located mostly east of the South Platte River in Weld County.
The portion of the site west of the river was not visited during the site visit, but is similar
to the rest of the property, with the addition of some low bluffs in the northwest corner of
the site.
The site is currently used mostly as irrigated hayfield and livestock pasture. An area
in the northern portion of the site is used to grow corn. A number of oil and gas wells are
scattered throughout the site. The western edge of the site includes portions of the South
Platte River and its riparian corridor. The Western Mutual Ditch flows along the eastern
boundary of the site. A ranch house, barns, and other buildings are located on the eastern
edge of the property, east of the ditch.
The South Platte River riparian corridor varies from sparsely vegetated to dense
stands of cottonwood (Populus deltoides), sandbar willow (Salix exigua), and other
riparian vegetation. Other plant species that occur along the river include Siberian elm
(Ulmus pumila), peach-leaf willow(Salix amygdaloides), prairie cordgrass (Spartina
pectinata), reed canarygrass (Phalaris arundinacea), goldenrod (Solidago canadensis),
western ragweed (Ambrosia psilostachya), mullein(Verbascum thapsus), and showy
milkweed (Asclepias speciosa).
A small drainage runs from just southwest of the ranch compound north toward the
river. Vegetation along this drainage consists of reed canarygrass, prairie cordgrass,
various bulrushes (Scirpus spp.), and cattail (Typha latifolia).
The vegetation of the grazed portions of the site includes common pasture grasses
such as smooth brome (Bromus inermis), western wheatgrass (Agropyron smithii),
intermediate wheatgrass (Agropyron intermedium), and other weedy vegetation such as
cheatgrass (Bromus tectorum). Prairie dog towns cover several hundred acres at the site,
especially in the abandoned center-pivot area.
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Description of Proposed Project Areas
Proposed Sharkey's Lake and Plant Site
The proposed Sharkey's Lake and Plant Site are located near the center of the
property (see Figures 2 and 3). Most of this area consists of an abandoned center pivot
that is currently occupied by a prairie dog town (see Photos 3 and 4). The vegetation of
this area consists of heavily grazed prairie grasses and weeds interspersed with bare
ground around the prairie dog burrows. Identified plant species include western
wheatgrass, smooth brome, cheatgrass, musk thistle (Carduus nutans), rabbitbrush
(Chrysothamnus nauseosus), and curlycup gumweed (Grindelia squarrosa). An irrigated
hayfield covers the eastern portion of the proposed Sharkey's Lake site, between the
abandoned center pivot and the main ranch road. This irrigated area is separated from the
South Platte River by prairie dog towns.
Proposed Highlands Lake Site
The proposed Highlands Lake site occupies an area of approximately 11 acres slightly
elevated above the surrounding land. This area is also covered by prairie dog burrows
and is sparsely vegetated. The Western Mutual Ditch is located just to the east, but the
ditch lacks significant shrub cover.
Proposed Shop Site
The proposed shop site covers approximately 13 acres just west of the ranch
compound. The vegetation of this area includes common pasture grasses such as smooth
brome, western wheatgrass, and tall wheatgrass (Agropyron elongatum). The proposed
shop site appears to be currently used as pasture for cattle.
Potential Wetland Areas
The site was reviewed for potential wetland areas based on vegetation and easily
observable hydrological features. This review is not intended as a jurisdictional wetland
delineation, but as an identification of possible wetland areas on a scale suitable for
planning. A more thorough investigation of vegetation, soils, and hydrology of these
areas would be needed to determine if these potential wetland areas are in fact under the
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jurisdiction of the U.S. Army Corps of Engineers (Corps). Potential wetland areas are
shown in Figure 2.
South Platte River
The South Platte River is a considered a water of the U.S., subject to Corps
jurisdiction. Areas of wetland vegetation occur along the river and in low depressions or
old oxbows next to the river. There are probably significant areas of jurisdictional
wetlands within the riparian corridor (the band of cottonwood next to the river). A more
thorough investigation of these areas for wetlands is recommended if disturbance near the
river is proposed.
Drainage Tributary to South Platte River
A small drainage runs from just southwest of the ranch compound north toward the
river. Water pumped from wells is conveyed down this drainage to several stock ponds.
This drainage has wetland vegetation and appears to have wetland soils and hydrology.
The Milliken USGS quadrangle(updated in 1969) shows the headwaters of this drainage
as a marshy area. Currently, a prairie dog town covers most of the marshy area shown on
the map. Consultation with the Corps may be necessary to determine whether the Corps
will take jurisdiction over this drainage.
Other Potential Wetland Areas
Several other potential wetland areas occur scattered throughout the property,
especially along the main north-south ranch road and in the southeast portion of the
property. These potential wetlands are low, wet areas that probably result from seepage
from irrigation, or from irrigation water standing long enough during the growing season
to support wetland vegetation. Before construction, a jurisdictional wetland delineation is
recommended to determine the boundaries of these wetland areas more precisely, at least
within the areas proposed for disturbance.
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Threatened and Endangered Species
Threatened and endangered species that have the potential to occur in this part of
Weld County include bald eagle, Preble's meadow jumping mouse, Ute ladies'-tresses
orchid, Colorado butterfly plant, and black-footed ferret.
Bald Eagle
During the site visit on December I, 2000, a number of bald eagles (a federally
threatened species) were observed perched in large cottonwood trees at the site or in
flight over the riparian areas along the river. Three juvenile and one adult bald eagle
were observed perched in the large cottonwood directly north of the abandoned center
pivot. This tree is located approximately 400 feet north of the proposed Sharkey's Lake
mine. Two ferruginous hawks also were observed perched in this tree. Two bald eagles
were later observed perched in the large cottonwood next to the pond just south of the
abandoned center pivot. This tree is on the edge of the proposed plant site, and will be
preserved during mining. Ferruginous hawks and bald eagles are both known to hunt
prairie dogs, and both of these perches overlook the large prairie dog town in the
abandoned center pivot. No raptor nests were observed at the site, but according to the
Colorado Division of Wildlife (CDOW), there is an active bald eagle nest "less than one
mile upstream" from the site(CDOW, 2000). Given the number of eagles that use the
site, checking with the CDOW is recommended to determine if there is winter roost
nearby and to verify the recommended setback from the roost. The CDOW generally
recommends a setback of'A mile from active winter roosts from November 15 to March
15 (CDOW, 1996).
Preble's Meadow Jumping Mouse
Preble's mice typically inhabit areas characterized by well-developed plains riparian
vegetation with relatively undisturbed grassland and a water source in close proximity
(Armstrong et al. 1997). Recent studies have suggested that Preble's may have a wider
ecological tolerance than previously thought, and that the requirement for diverse
vegetation and well-developed cover can be met under a variety of circumstances
(Meaney et al. 1997). Radio-tracking studies conducted by CDOW have documented
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Preble's using upland habitat adjacent to wetlands and riparian areas (Shenk and Sivert
1999). Additional research by CDOW has suggested that habitat quality for PMJM can
be predicted by the amount of shrub cover available at a site (White and Shenk 2000).
Current U.S. Fish and Wildlife Service (USFWS) guidelines consider upland areas
(including irrigated hayfields) within 300 feet of the 100-year floodplain of drainages to
be potential habitat (U.S. Fish and Wildlife Service, 1999). Based on these criteria, the
South Platte River and much of the surrounding uplands could be potential habitat for
Preble's. The guidelines also specifically state that prairie dog towns and row crops such
as cornfields are not suitable habitat for the mouse. In addition, numerous trapping
surveys along the South Platte River north of Denver have failed to capture Preble's.
Although potentially suitable Preble's habitat is present nearby, the proposed
Sharkey's Lake, Highlands Lake, plant site, and shop site are not habitat for Preble's
meadow jumping mouse because sparsely vegetated prairie dog towns mostly cover these
areas. The irrigated hayfield on the eastern edge of the Sharkey's Lake site and the shop
site are isolated from the South Platte River by prairie dog towns. In order to reach this
area from potential habitat near the river, a Preble's would have to cross the prairie dog
town or travel more than 1 mile up the intermittent drainage located to the east.
Given these facts, it is highly unlikely that the development of the proposed
Sharkey's Lake and Highlands Lake gravel mine sites and the proposed plant site would
adversely affect the Preble's mouse or its potential habitat. We recommend submitting a
habitat assessment for the proposed project areas to the USFWS for its concurrence.
Because potential Preble's habitat exists in riparian areas nearby, a trapping survey is
recommended along the South Platte River at the site in the summer of 2001 to exclude
the remainder of the site as Preble's habitat.
Ute Ladies'-Tresses Orchid
The following types of habitat may potentially support populations of Ute ladies'-
tresses orchid (Spiranthes diluvialis)—
. Areas determined to be jurisdictional wetlands;
. Seasonally moist areas near springs, lakes, irrigation ditches, or perennial streams
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and their associated flood plains;
. Old stream channels and alluvial terraces;
• Subirrigated meadows; and
. Areas supporting vegetation indicative of seasonally wet areas or areas dominated
by vegetation considered facultative wet.
Large areas of habitat fitting this description occur at the site along the South Platte
River. In general, wetlands, wet meadows, and heavily irrigated areas within the 100-
year floodplain of the South Platte River should be considered potential habitat. The
natural drainage in the eastern portion of the site is also potential habitat, but this area is
probably too overgrown with other wetland vegetation to support the orchid. A habitat
assessment in the spring could identify areas that should be excluded as potential habitat,
and areas that should be surveyed. We recommend a survey in areas of suitable habitat
for the orchid during summer 2001. Surveys for the orchid must be conducted during
August when the plant is in flower(U.S. Fish and Wildlife Service, 1992).
Colorado Butterfly Plant
The Colorado butterfly plant was listed as a threatened species on October 18, 2000,
but the U.S. Fish and Wildlife Service has not yet published formal survey guidelines for
this species. The Colorado butterfly plant occurs on sub-irrigated alluvial soils on level
or slightly sloping floodplains and drainage bottoms between 5,000 and 6,400 feet in
elevation in north-central Colorado, southeastern Wyoming, and western Nebraska. The
only known populations in Colorado are in northern Weld County. Colonies are often
found in low depressions along wide, active stream channels. The Colorado butterfly
plant typically occurs in habitats created and maintained by streams that are active within
their floodplains, with vegetation that is relatively open and not overly dense or
overgrown. There are no formal guidelines yet for this species but, in general, wetlands,
wet meadows, and irrigated meadows within the 100-year floodplain of the South Platte
River should be considered potential habitat. A habitat assessment in the spring could
identify areas that could be excluded from surveys and areas requiring a survey. Surveys
for the Colorado butterfly plant can be conducted while the plant is in flower, typically
from late July through early September.
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Black-Footed Ferret
The black-footed ferret is an endangered member of the weasel family once found
throughout the Great Plains region. The black-footed ferret lives only in association with
prairie dogs, using prairie dogs as food and living in their burrows. The ferret was once
thought to be extinct, until a population was discovered in Wyoming in 1981. Since then,
captive-bred ferrets have been reintroduced to the wild in several states. Since black-
footed ferrets are so rare, it is extremely unlikely that they are present at the site. Existing
guidelines recommend a survey for black-footed ferrets for black-tailed prairie dog towns
greater than 80 acres in size (U.S. Fish and Wildlife Service, 1989). Because there are
approximately 300 or more acres occupied by prairie dogs at the site, it cannot be
excluded as potential ferret habitat based on size.
There are two possible ways to clear the site as potential ferret habitat: a habitat
assessment or a survey. A habitat assessment would involve investigating the site and
surrounding properties to determine if they support a complex of prairie dog towns large
enough to support a viable ferret population. A survey can be conducted during daylight
hours between December 1 and March 1, or at night between July 31 and October 31.
Other Wildlife Issues
Prairie Dogs
The proposed gravel mine will affect the abundant prairie dogs that occur at the site.
As of December 2000, prairie dogs are not a protected species. The USFWS has been
petitioned to list the black-tailed prairie dog(the species that occurs at the site) as
threatened or endangered. The US FWS has declined to list the black-tailed prairie dog at
this time, but it may be listed in future years. Prairie dogs should be moved alive to
another suitable site or humanely killed before construction begins.
Burrowing Owls
Burrowing owls sometimes live in prairie dog burrows, and are protected by law. The
owls are present in Colorado from March 1 to October 31. If construction occurs during
this period, the prairie dog towns at the site should be surveyed for the presence of
burrowing owls.
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Table 1. Summary of Recommendations
Proposed Project Areaot Sharkey's
Lake,Highlands Lake,Plant Site, Remainder of property
Shop;Site
Wetlands Conduct wetland delineation and obtain Conduct wetland delineation and obtain
proper wetland permits(if wetlands proper wetland permits(if wetlands
will be disturbed)before beginning will be disturbed)before beginning
construction. construction.
Bald eagle Verify whether active winter roost Verify whether active winter roost
occurs near project site and determine occurs near project site and determine
_. required setback. required setback.
Preble's meadow Submit habitat assessment to USFWS Conduct trapping survey during
jumping mouse requesting concurrence that project summer 2001 to clear remainder of site.
areas are not habitat for Preble's.
Ute ladies'-tresses Conduct habitat assessment in spring Conduct habitat assessment in spring
orchid 2001 and submit to USFWS for 2001 and submit to USFWS for
approval. Conduct survey during approval. Conduct survey during
August 2001 in potential habitat. August 2001 in potential habitat.
Colorado butterfly Conduct habitat assessment in spring Conduct habitat assessment in spring
plant 2001 and submit to USFWS for 2001 and submit to USFWS for
approval. Conduct survey during approval. Conduct survey during
summer 2001 in potential habitat. summer 2001 in potential habitat.
Black-footed ferret Conduct habitat assessment or survey Conduct habitat assessment or survey
and submit to USFWS for approval. and submit to USFWS for approval.
Burrowing owl Conduct survey if construction will Conduct survey if construction will
take place from March 1 to October 31. take place from March 1 to October 31.
References
Armstrong, D.M., M.E. Bakeman, A. Deans, C.A. Meaney, and T.R. Ryon. 1997. Report
on habitat findings of the Preble's meadow jumping mouse. Boulder, Colorado. Report
to the U.S. Fish and Wildlife Service and Colorado Division of Wildlife.
Colorado Division of Wildlife. 2000. Letter from Scott Hoover,NE Regional Manager
to Steve O'Brian, Environment, Inc. August 18, 2000.
Colorado Division of Wildlife. 1996. Recommended buffer zones and seasonal
restrictions for Colorado raptor nests. Prepared by Gerald R. Craig.
Meaney, C.A., A. Deans, N.W. Clippenger, M. Rider, N. Daly, and M. O'Shea-Stone.
1997. Third year survey for Preble's meadow jumping mouse (Zapus hudsonius
preblei) in Colorado. Boulder, Colorado. Under contract to Colorado Division of
Wildlife.
Shenk, T.M. and M.M. Sivert. 1999. Movement patterns of the Preble's meadow jumping
mouse as they vary across time and space. Fort Collins, Colorado. Colorado Division
of Wildlife.
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U.S. Fish and Wildlife Service. 1989. Black-footed ferret survey guidelines for
compliance with the Endangered Species Act. U.S. Fish and Wildlife Service report.
Denver, Colorado and Albuquerque, New Mexico.
U.S. Fish and Wildlife Service. 1992. Interim survey requirements for Spiranthes
diluvialis. U.S. Fish and Wildlife Service report. Golden, Colorado.
U.S. Fish and Wildlife Service. 1999. Interim survey guidelines for Preble's meadow
jumping mouse. U.S. Fish and Wildlife Service report. Denver, Colorado.
White, Gary C. and Tanya M. Shenk. 2000. Relationship of Preble's Meadow Jumping
Mouse Densities to Vegetation Cover. Colorado Division of Wildlife Report.
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PHOTO LOG
DECEMBER 1,2000
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SCOTTSDALE RANCHES
PHOTO LOG
MBER 1, 2000
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Photo 3 - View sou _ across proposed Sha rkeaLakes.
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\Photo 4 - View sou « across proposed Sha ramie site.
SCOTTSDALE RANCHES
PHOTO LOG
DECEMBER 1,2000
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Photo 5 - South Platte River, southwest of proposed Sharkey's Lake site.
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Photo 6 - South Platte River, southwest of proposed Sharkey's Lake site.
SCOTTSDALE RANCHES
PHOTO LOG
DECEMBER 1,2000
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Site Location
ERO Resources Corp. T4N, R67W, Sections 24,26,34,35
1842 Clarkson Street Milliken and Platteville Quadrangles, Prepared for:Platte Sand and Gravel ftC
Denver,co 80218 File 1376-Figl.cdr
(303)830-1188 Weld County, Colorado 1 inch=2,000 Feet
Fax. 830-1199 December 2000
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NAP EXHIBIT C-r —.J�'+Y.� _____,taiC _:
PLATTE SAND & GRAVEL. L.L.C.
S & H MINE
TOTAL AREA 1.239.40 AC. J
-- MINING PLAN MAP WINED R9r.rr AC. J
.. �"^ e`. �'� ��.. ~• MAP PACE 4 0I 5
Eiviropnc' t, Ipc.
7985 VANCE DRIVE,SUITE 205A
LARRY U. O'BRIAN
FOUNDER ARVADA,COLORADO 80003
303-423-7297
FAX 303-423-7599
February 5, 2001
Mr. Kim Ogle
Weld County Planning Department
1555 N. 17th Ave.
Greeley, Colorado 80631
Dear Kim:
RE: Mining Use by Special Review
Platte Sand and Gravel - USR
Attached are print outs I obtained from the Colorado Oil &
Gas Commissions web page. They show the status of the three
wells we discussed Friday.
As I told you the wells did not exist so we did not have to
deal with the three companies listed as owners . On the status
line of each printout is a designation "AL" this means abandoned
location and the status date (highlighted yellow) . Also note
that there is no drilling information on the reports .
If you would need more information please call me at ( 303 )
423-7297 .
Sincerely,
Environment, Inc
Stevan L. O Brian
President
cc Platte Sand & Gravel
file
hand delivered 2/6/01
COGIS-WELL Information http://cogccweb.state.co.us/cogis/F...Detail.asp?facid=12318015&type=WELL
Colorado
Oil & Cos Conservation Commission Dimly
�� . ' COGIS - WELL Information
Scout Card h it Related Q lnso. 0 GIS
I2Doc
Surface Location Data for 05-123-18015-00
Status: AL
Well Name/No: SCOTTSDALE/42-34
Operator: BASIN EXPLORATION INC -6540
API#: 05-123-18015-00 Lease#:
County: WELD#123 Location: SENE 34 4N 67W
Field: WATTENBERG -#90750 Footages: 645F E L 1964F N L
DRLG Contr#: Elevation: Unknown ft.
Lat: 40.270758 Long: -104.869394
Wellbore Data for Sidetrack#00 Status: AL
Status Date: 5/1/1996 Spud Date: N/A
Compltn Date: N/A Perm#: 940158
Measured TD: Measured PB depth:
True Vertical TD: True Vertical PB depth:
Log Types: Sidetrack#: 00
Prop Depth/Form: NB-CD /NIOBRARA-CODELL
Formation Log Top Log Bottom Cored DSTs
No additional interval records were found for sidetrack 00.
4R¢7irrs iu
t.414."
Prewops Page I borne II
02105101 19:10:21
1 of 1
COGS-WELL.Information httpa/cogccweb.stale.co.uslcogis/F...Detail.asp9facid=12317116&type=WELL
Colorado ra
fi h Gas Coaservanod Commission qtys
£ :: COG IS - WELL Information
Scout Card 514 f,:; Related ek Insp. i GIS
Bo
Surface Location Data for 05-123-17116-00
Status: AL
Well Name/No: SCOTTSDALE RANCH /2-14L
Operator: SNYDER OIL CORP- 80530
API #: 05-123-17116-00 Lease#:
County: WELD#123 Location: SESW 2 3N 67W
Field: WATTENBERG -#90750 Footages: 1955F W L 663F S L
DRLG Contr#: EXETER DRILLING CO Elevation: Unknown ft.
Lat: 40.248933 Long: -104.860057
Wellbore Data for Sidetrack #00 Status: AL
Status Date: 5/3/1994 Spud Date: N/A
Compltn Date: N/A Perm#: 930761
Measured TD: Measured PB depth:
True Vertical TD: True Vertical PB depth:
Log Types: Sidetrack#: 00
Prop Depth/Form: NB-CD/NIOBRARA-CODELL
Formation Log Top Log Bottom Cored DSTs
No additional interval records were found for sidetrack 00.
Itx£,zt
.. _„ Previous Al9r,I Nonce
02/05101 19:09:23
1oft
COGIS-WELL Information http://cogccweb.state.co.usicogis/F...Detailasp7facid=123106958,typeaVVELL
Colorado ;;
Oil Or Ca$ Conservation Commission info
Q<< COGIS - WELL Information
Scout Card il 4.,; Related A Insp. 0 GIS
("Doc
Surface Location Data for 05-123-10695-00
Status: AL
Well Name/No: WOLFSON /1
Operator: BARRETT RESOURCES CORP- 6497
API #: 05-123-10695-00 Lease#:
County: WELD#123 Location: SESW 35 4N 67W
Field: WATTENBERG -#90750 Footages: 1650F W L 1200F S L
DRLG Contr#: Elevation: 4,747 ft.
Lat: 40.264964 Long: -104.861139
Wellbore Data for Sidetrack#00 Status: AL
Status Date: N/A Spud Date: N/A
Compltn Date: 5/20/1983 Perm#: 0
Measured TD: 0 Measured PB depth: 0
True Vertical TD: 0 True Vertical PB depth:
Log Types: Sidetrack#: 00
Prop Depth/Form: UNK/UNKNOWN
Formation Log Top Log Bottom Cored DSTs
Completed information for formation UNK
1st Prod Date: N/A Choke Size: 0.000
Status Date: N/A Hole Compl:
Commingled: Prod Metod:
Formation Name: UNKNOWN Status: AL
Formation Treatment:
Tubing Size: Tubing Setting Depth:
Tubing Packer Depth: Tubing Multiple Packer:
Open Hole Top: Open Hole Bottom:
No Initial Test Data was found for formation UNK
•
No Perforation Data was found for formation
UNK .
4Rzn_I
Previous Page I }lama
02/05101 19:07:49
1off
•
Epvirocpt, IPc.
LARRY E.O'BRIAN 7985 VANCE DRIVE,SUITE 205A
FOUNDER ARVAD 80003
303-4
December 11, 2000
Monica Daniels-Mika Weld County Planning Dept,
Director of Planning
Weld County Planning Department
1555 N. 17th Ave. '-'`t 11 2000
Greeley, Colorado 80631
RECEIVED
Dear Ms . Daniels-Mika:
RE: Mining Use by Special Review
Platte Sand and Gravel - USR
On behalf of Platte Sand and Gravel L.L.C. , I am preparing
this request to have Weld County proceed with processing and
review of their application for a Use by Special Review. On
November 7, 2000 we filed an application for a Use by Special
Review for a parcel of land northwest of Platteville called the S
& H Mine. Mr. Kim Ogle is the staff member handling the applica-
tion and during the review we sent him a copy of a letter pre-
pared by Mike Sherman of the Colorado Division of Wildlife (DOW) .
This letter was prepared at our request so we would know the
possible impacts to wildlife this mine would have. We used it
during the planning and the application preparation phases of the
permitting process .
Kim informed me in mid-November that the review was on hold
until the issues regarding the Preble's Meadow Jumping Mouse
(PMJM) and Ute Ladies'-tresses orchid were resolved. To do that
we needed to submit letters from the controlling government
agencies releasing the site. A little background about how we
got to this point is probably called for at this time.
When I first looked at the site I was aware that some of the
area had the potential to be habitat for the PMJM and the Ute-
Ladies'-tresses . During the initial planning process we deter-
mined that we would only mine area where current, agricultural
activities were taking place to avoid any endangered species
conflicts . We felt the brush and tree areas along the river were �'ti`
a natural buffer between the river and the mining areas. We
choose to avoid these areas for those reasons and leave them in s
their natural state. ,
I requested information from DOW in April 2000 for the site
and set a meeting with a wildlife officer to explain what we wereCV-
5 �'
trying to do. During our meeting with DOW we discussed the � ` ``,
proposed plan and asked them to make comments and suggestions
C
PAGE 2
ENVIRONMENT, INC.
DECEMBER 1 1 , 200❑
that -would help us meet our end objective. They basically
affirmed what we knew and suggested we avoid removing as much of
the riparian habitat along the river as possible. They did not
seem to have a problem with any other areas and felt the best
place was probably the area where we chose to start near the old
sprinkler circle. This area has sparse vegetation, a colony of
prairie dogs and little or no topsoil. We felt the areas that
are actively farmed or grazed would have little chance to have
either, of the noted endangered species present. As I understand
it, prairie dog towns are not habitat area for the PMJM and can
not be wetland area where the Ute Ladies'-tresses grow because,
the water table is too deep.
Suspecting that we would have to address the PMJM and Ute
Ladies' potential problems we retained ERO Resources, Inc. , to
preform a preliminary site study for the property. They were to
first determine what area could possibly be habitat and second to
prepare the necessary document to have the non-habitat areas
released so mining could begin. We felt confident that much of
the area we planned to mine would meet the non-habitat definition
and we could start mining while we worked on the questionable
areas . This would allow us to gain the necessary capitol to
complete the studies . We knew that if we had to do studies for
these species, the US Fish and Wildlife Service (USFWS ) had
specific sampling procedures and time periods that had to be
followed. In this case, it would be late August 2001 before the
final studies could be completed. We may also choose to not
disturb these areas and avoid the cost of the study all together.
We submitted this application on November 7, 2000 after not
receiving any comment from the Planning Department on three
copies of a pre-application packet I delivered to your staff in
October. I submitted these to give your department a chance to
comment and suggest changes on the application prior to offi-
cially filing it. After a couple of weeks of not receiving a
call on the per-application packet we decided it was OK and filed
the application packet and copies. We are now 43 days from the
pre application submittal (34 days from official filing) and are
no further along with this application. Normally we would expect
to be close to the first public hearing by this time.
It is not unusual to expect some problems during the permit-
ting process, but usually the process continues while work on the
problems is done. Needless to say I was a little surprised to
hear that Weld County would not continue to review or process the
application until these issues were resolved. I believe that the
area where we chose to start mining is not endangered species
habitat and that your staff can proceed with processing this
application. We expect to have a final report from ERO Resources
in the next 10 days, that will show there are no problems with
starting in the Sharkey's Lake area or on the upland area in the
Highlands Lake area.
We assure Weld County that we are as interested preserving
any endangered species found on this site. That is why we have
left nearly 48 .7% of the total property in unmined areas . We
felt these areas along the river had more value as wildlife
ENVIRONMENT, INC. PAGE 3
DECEMBER 1 1 , 2000
habitat and would enhanced our overall plan for the area, than
the material we could have mined from them. We propose the
following actions to get this case restarted.
1 . We will commit to not mine any areas that are shown in our
preliminary study as possible habitat for the PMJM, Ute
Ladie's-tresses, or any other endangered species until the
necessary studies are complete and the findings accepted by
the controlling agency.
2 . We will discuss and locate any possible eagle roosting trees
in the permit area with the Colorado Division of Wildlife and
establish mining setbacks around any trees they identify.
3. We will supply Weld County with all studies, reports and/or
approvals as we receive them.
We are also willing to have these or similar wording placed
as conditions on the permit. If these are acceptable safeguards
we request that you resume with the permitting process as soon as
possible. It's our feeling that by allowing the USFWS to dictate
how you proceed, that you are giving them the right to grant and
deny permits in Weld County. This application can stand on its
merits and we can work around their regulations to protect
endangered species IF they exist on the site. We are paying
nearly $40, 000 per month in interest on this site and having to
buy much needed material from other sources, that we could get
from our own operation.
I am in the process of filing the Mined Land Reclamation
Board permit and I will provide the staff a copy of that applica-
tion document as soon as it has been filed. We expect to have
approval for the M.L.R.B. permit within 90 days of filing. We
originally held off in filing with the state so we could incorpo-
rate any changes or corrections your staff had, with the state so
the applications would be consistent. We can not wait any longer
if we want to be mining by spring.
We can meet with you as soon as you want to discuss our
request and hopefully get this application back on tract. If you
would like to discuss this request with me please call me at
(303 ) 423-7297 or Rocky Hoffschneider at (303) 274-4474 .
Sincerely,
Environment,
Inc
Stevan L. 0 Brian
President
cc Platte Sand & Gravel
file
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