HomeMy WebLinkAbout20001453.tiff DEPARTMENT OF PLANNING SERVICES
Weld County Administrative-Offices, 1400 N. 17th Avenue, Greeley, Colorado 80631
Phone (970)353-6100, Ext. 3540 Fax (970)352-6312
USE BY SPECIAL REVIEW(MINING OPERATION)APPLICATION
FOR THE DEPARTMENT OF PLANNING SERVICES USE ONLY
Application Fee Receipt Number Case Number __
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 c:onceming
a proposed sand and gravel (gravel,coal,borrow pit, etc.)mining operation for the following described
unincorporated area of Weld County:
LEGAL DESCRIPTION: E 1/2 of the E 1/2 of Sec.27,T.1IN.,R.67W.,6th P.M.
PARCEL NUMBER: see attached (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
7321 E. 88th Ave.,Suite 200,Henderson, CO 80640
Name: Andesite Rock Company - Address: Phone: (303)287-4656
Name: Address:_ Phone:
3. Owner(s) of mineral rights or substance to be mined
7312 E. 88th Ave., Suite 200,Henderson,CO 8064(1
Name: Andesite Rock Company Address: Phone: (303)287-4656
Name: Address: Phone:
4. Source of applicant's legal right to enter and to mine on the land described:
Warranty Deed(enclosed-Attachment E)
(Include certified copy of any document(s) noted
5. Applicant's address: 7321 E. 88th Ave.,Suite 200 Phone: (303)287-4650
Address: Hendercnn,CO 80640 Phone:
6. Identify any prior permits for mining held by applicant or affiliated person:
USR-840
7. Description of Operation
A. Types and number of operating and processing equipment to be used same as USR-84..Q,__
trackhoe haul trucks gravel plant(all existing and oermitted).B. Maximum number of employees: same as USR-840 , and number of shifts: same a: USR-840
EXHIBIT
II I
2000-1453
C. Number of stages to be worked: one . and periods of time each is to be worked 3 ye<a rs.
(amendment area)
D. Thickness of mineral deposit 8f t. feet, and thickness of the overburden: 2f
E. This will be a wet/dry pit operation.
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) same as: USR•,84Q with added secondary
access proposed north onto WCR 126 after completion of WCR 126 realignment
and new bridge east over Lone Tree Creek.
8. Description of reclamation
A. Proposed reclamation land use(s): Two water-storage reservoirs / wildlife habitat
B. Source of technical advise for reclamation: Banks and Gesso, LLC
C. Explanation of Reclamation Process: sealing of the mined side-slopes of the excavations
with a shale/overburden mixture and keyed into shale base for water storage.
Perimeter tonsoiled and seeded per CDMG application (enclosed) ,
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 ature: Owner/Authorized Agent
USE BY SPECIAL REVIEW QUESTIONNAIRE
The following questions are to be answered and submitted as part of the USR application. If a question
does not pertain to your use, please respond with"not applicable",with an explanation as to why the
question is not applicable.
1. Explain, in detail, the proposed use of the property. See Response in Section 3 to requirement 44.3.1
2 Explain how this proposal is consistent with the intent of the Weld County Comprehensive Plan.
See Section 6.4
3. Explain how this proposal is consistent with the intent of the Weld County Zoning Ordinance and
the zone district in which it is located. See Section 6.5
4. What type of uses surround the site? Explain how the proposed use is consistent and compatible
with surrounding land uses. See Section 6.7 and 6.8
5 Describe, in detail, the following
a. How many people will use this site? Same as USR-840
b. How many employees are proposed to be employed at this site? Same as USR-840
c What are the hours of operation? Same as USR-840
d What type and how many structures will be erected (built) on this site? None. Site will
utilize gravel plant on existing USR-840
e. What type and how many animals, if any, will be on this site? None
f. What kind (type, size, weight)of vehicles will access this site and how often?
See Section 6.13, 44.3.4, and 44.4.5
g. Who will provide fire protection to the site? Town of Nunn Fire District
h What is the water source on the property? (Both domestic and irrigation). See 44.3.2 and 6.10
What is the sewage disposal system on the property? (Existing and proposed).
None. Site will utilize existing facilities on USR-840
j. If storage or warehousing is proposed, what type of items will be stored? None.
6 Explain the proposed landscaping for the site. The landscaping shall be separately submitted as a
landscape plan map as part of the application submittal. See reclamation plan in Section 44.3.1
7. Explain any proposed reclamation procedures when termination of the Use by Special Review
activity occurs. See reclamation plan in Section 44.3.1 and see 44.4.4
8. Explain how the storm water drainage will be handled on the site.
All storm water will be directed to the excavtion to percolate. No discharge will occur.
9 Explain how long it will take to construct this site and when construction and landscaping is
scheduled to begin See Section 44.3.1
10. Explain where storage and/or stockpile of wastes will occur on this site. None
APPLICATION FOR AN AMENDMENT TO A
USE BY SPECIAL REVIEW (MINING)
For the
CARR GRAVEL RESOURCE
WELD COUNTY USR-840
WELD COUNTY, COLORADO
APPLICANT:
ANDESITE ROCK COMPANY
7321 East 88TH Avenue, Suite 200
Henderson, Colorado 80640
Prepared by:
Banks and Gesso, LLC
720 Kipling Avenue, Suite 117
Lakewood, Colorado 80215
(303) 274-4277
FEBRUARY 24, 2000
APPLICATION INDEX
Page
CARR GRAVEL RESOURCE AMENDMENT INTRODUCTION 1
SPECIFIC WELD COUNTY REQUIREMENTS 3
1 — Requirement 44.1 —Application Form 3
2 — Requirement 44.2 — Drawings 4
44.2.1 —Vicinity Map 4
44.2.2 — Extraction Plan Map 4
3 — Requirement 44.3 — Supporting Documents 5
44.3.1 — Colorado Mined Land Reclamation Board Submittal 5
44.3.2 — Plans for Obtaining Water Supplies 5
44.3.3 — Cross-Section of Drainage Structures 6
44.3.4 — Profile and Typical Cross-Section of Haul Roads 6
4 - Requirement 44.4 — Operating Policies 6
5 - Requirement 44.5 — Reclamation Policies 13
6 - Other Weld County Requirements 14
6.1 Detailed Description of the Method of Mining Operation 14
6.2 Certified List of Property Owners Within 500 Feet 14
6.3 Certified List of Mineral Owners and Lessees 14
6.4 Statement of Consistency with Weld County
Comprehensive Plan 14
6.5 Statement of Consistency with the Intent of the
Zone District 15
6.6 Statement of Adequate Provisions to Protect the
Health, Safety, and Welfare 15
6.7 Statement of Compatibility with Existing Uses 15
6.8 Statement of Compatibility with Future Uses 16
6.9 Statement Concerning Floodplain, Geologic Hazards, and
the Airport Overlay District; Compliance with Section 50. 16
6.10 Proof of Water 16
6.11 Copy of Legal Instrument Identifying Applicant's
Interest in the Property 17
6.12 Special Review Use Questionnaire 17
6.13 Weld County Road Access Information Sheet 17
APPLICATION INDEX
(Continued)
Attachments: Page
"A" Entrance Road Cross-Section 19
"B" Property Owners within 500 feet 20
"C" Mineral Owners and Lessees 21
"D" Water Ownership 22
"E" Applicants Interest in the Property 23
"F" Special Use Questionnaire 24
"G" Road Access Information Sheet 25
Note: Soils Report is included in the Colorado Mined Land Reclamation Board
112 Application, enclosed at the end of this Weld County USR amendment
application.
ii
Banks and Gesso, LLC
CARR GRAVEL RESOURCE AMENDMENT
INTRODUCTION
This application for an amendment to a Use by Special Review (Mining) for the
Carr Gravel Resource (USR-840) has been prepared and submitted under the
provisions of the Weld County Zoning Ordinance.
A Use by Special Review (Mining) (USR-840) was previously granted from Weld
County to 1302 acres under the name of"Carr Gravel Resource" in 1988. An
additional, adjacent 110 acres is the subject of this proposed amendment. Much
of the information for this amendment is being utilized from the conditions for
which the Use by Special Review, granted in 1988, is governed and is referenced
by statements to that effect. The mine plant operation, hours of activity and the
truck haul routes and amounts will not change due to this amendment.
The subject property consists of approximately 110 acres to be amended into the
Use by Special Review (USR- 840), of which approximately 83 acres will be
mined. The amendment area is located in the East 'A of the East 1/2 of Section
27, Township 11 North, Range 67 West of the 6th P.M., in Weld County, Colorado
(see the Vicinity Map in Section 44.2.). The property is just south of Weld County
Road 126 (WCR 126) and east of the Town of Carr. Lone Tree Creek borders
the northeast portion of the site.
Existing zoning and use of the subject property is agricultural. Surrounding
properties are also agricultural, other than the area covered by the currently
permitted USR-840, which is zoned agricultural with a Special Use of mining and
has a reclaimed after-use of pastureland. The unincorporated Town of Carr is
approximately '/-mile to the west.
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The intent is to mine the property to recover and process a substantial sand and
gravel reserve that is of significant commercial quality and quantity. Mining on
the 110-acre amendment area may last approximately 3 years. The time frame is
somewhat variable due to market conditions.
After reclamation is completed, the end-use of the property will contain two
water-storage reservoirs that can be operated separately or in combination, with
some associated wildlife habitat. Reclamation will be somewhat sequential and
concurrent with mining, in that construction of a reservoir will be completed as
mining is continuing at another location.
The remainder of this application package discusses the amendment in detail
and addresses all of the requirements of the Zoning Ordinance.
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3 — Requirement 44.3 — Supporting Documents
44.3.1 — Colorado Mined Land Reclamation Board/Colorado
Division of Minerals and Geology (CDMG)
Submittal
(A copy of this separate document is enclosed at the end of this
amendment application package)
44.3.2 — Plans for Obtaining Water Supplies
Obtaining water supplies for this amendment area will not be required, as
no groundwater will be exposed by the mining excavation (as with the
current operation) and all processing of the mined material will be
performed at the currently permitted and operating plant site. Therefore a
Substitute Supply Plan will not be required for the amendment area. A
water supply well and associated water rights for plant wash water and
dust suppression has been approved by the State Engineer and is
currently in operation for USR-840.
The applicant acquired a domestic water supply well and valid water right
with the property that is the subject of this amendment. A "change in use'
application to the State Water Resources Dept. for the water right to this
well will be submitted prior to the removal of the well due to mining. The
change in use will allow the existing water right to be converted to a water-
storage right and utilized as part of the water-storage reservoir water.
Further information on the use of water for this project can be found in
Exhibit G-Water Information in the CDMG submittal contained at the back
of this amendment application package. For the location of the plant
water-supply system, see 44.2.2, the Extraction Plan Map.
Carr Gravel Resource Amendment.WC.USR-840 5 99032 WD
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Banks and Gesso, LLC
44.3.3 — Cross-Sections of Drainage Structures
There are no drainage structures required by this project.
44.3.4 — Profile and Typical Cross-Section of Haul Roads
There will be no new internal access and interior gravel-plant haul roads
for the amendment area. Material will still be transported to the plant via
70-ton haul trucks over a prepared roadbed made by stripping topsoil and
overburden from the underlying sand and gravel. This is so that dust will
be kept to a minimum and surface water will not remain standing, but will
drain through the sand and gravel. There will be no special design for this
roadbed, as it will be mined-through as mining progresses to the south.
See section 44.2.2, the Extraction Plan Map and Exhibit D-Mining Plan of
the CDMG submittal.
A descriptive cross-section explaining the anticipated design for the
access apron on a secondary access road leading from WCR 126, is
contained in Attachment A.
4 — Requirement 44.4 — Operating Policies
In addition to the commitments contained in the application to the
Colorado Division of Minerals and Geology, and to conditions already
imposed by Weld County under the current USR-840, the Applicant
commits to the following operating policies:
44.4.1 - Setbacks
A minimum setback of 10 ft. will be maintained adjacent to all property
lines from actual excavation of the mining pit. The setback areas may be
used for access and maintenance throughout the operation of the
amendment area, for topsoil berms, as the location for a secondary
access road on the west side of the property, and as areas for a portion of
Carr Gravel Resource Amendment.WC.USR-840 6 99032.WD
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the berms that will be required for the reclaimed water-storage reservoirs.
The mining limit on the north side of the amendment area will be
approximately 620 ft. from the south side of WCR 126 (the north property
line), approximately 10 ft. from the east and south property lines, and a
minimum of approximately 36 ft. from the west property line. A small,
triangular area in the west-northwest corner will not be mined, but may be
used for a topsoil storage berm(s).
There are no man-made structures within 200 ft. of the limit of mining that
would require a signed agreement with the owner of the structure in order
to mine the amendment area, as outlined in the requirements of the
Colorado Division of Minerals and Geology. A controlled practice burn of
the farmhouse and outbuildings in the western portion of the amendment
area prior to mining that area of the site will remove the structures. The
Town of Nunn Fire District will perform the burn.
44.4.2 — Hours of Operation
The hours of operation for mining of the proposed amendment area will be
the same as for the currently County-approved USR-840. These hours
generally conform to the required Weld County Development Standards
contained in Section 44 of the Weld County Zoning Ordinance, requiring
that all operations, other than maintenance or emergency procedures, be
confined to daylight hours.
44.4.3 - Weed Control Plan
The applicant shall cut or trim unsightly and noxious weeds as necessary
to preserve a reasonably neat appearance and to prevent seeding on
adjoining properties.
Carr Gravel Resource Amendment.WC.USR-840 7 99032.WD
Andesite Rock Company February 24, 2000
Banks and Gesso, LLC
44.4.4 — Existing Trees and Ground Cover
There are only a few existing deciduous trees located around the
farmhouse and outbuildings on the western portion of the subject property.
These trees will be removed during the course of mining this area. The
ground cover on the amendment area, and for most of the neighboring
areas around this site, consists of pasture and rangeland. The
pastureland vegetation of the amendment area will be removed when
stripping of the topsoil in preparation for mining occurs. Some pastureland
grass cover that is within the setbacks may remain undisturbed during the
life of the project, particularly on the north and northeast. All areas
remaining exposed after final reclamation of the site, other than the
access road to WCR 126, will be re-seeded with the native grass seed-
mixture specified in the CDMG submittal located at the end of this
amendment application and is accounted for in the reclamation costs.
44.4.5 — Access
Primary access from the currently permitted operation (USR-840) is west
to WCR 21. Most vehicular access is via this route, with all employee and
service vehicles using it. Truck haul traffic going west to 1-25 on WCR-124
also use this access. Truck haul traffic going east to State Hwy. 85 must
utilize an interior access road leading from the plant site south through the
existing permit area to WCR 120, and then must travel east to get to Hwy
85. This requirement is due to the current bridge across Lone Tree Creek
on WCR 126 being old and with a weight limit not allowing gravel haul
trucks to cross the bridge. Weld County is in the design and acquisition
stage to re-align WCR 126 in this location and build a new bridge across
Lone Tree Creek.
A new secondary access road north from the plant site and along the
western edge of the amendment area is being proposed with this
amendment. This secondary access will allow truck traffic to access WCR
Carr Gravel Resource Amendment.WC.USR-840 8 99032 WD
Andesite Rock Company February 24,2000
Banks and Gesso, LLC
126 and travel east across the new bridge over Lone Tree Creek to
intersect with State Hwy. 85. This new, secondary access will be primarily
for haul truck traffic and, if allowed by Weld County, would be developed
once the re-alignment and construction of the new bridge over Lone Tree
Creek has been completed. Once this access is completed, there will be
no need for interior truck haul traffic to travel on the gravel road south
through the site to access WCR 120 to travel east onto State Hwy. 85.
Property on this amendment area is in the process of being transferred to
Weld County as right-of-way for the new WCR 126 alignment.
44.4.6 — Paving of Access Road
The entrance approach to the secondary access road leading to WCR 126
will be paved with a typical asphalt apron from the County road 100 ft. into
the amendment area. The on-site access road from the apron to the
processing plant will be chemically treated to control dust when needed.
The current primary access to the site from WCR 21 will continue to be
utilized as described under 44.4.5 and as currently permitted.
Upon county approval of this amendment, the applicant will amend a road
maintenance agreement that is currently in place with the Weld County
Public Works Dept. for USR-840. The amendment with the Weld County
Public Works Dept. may include improvements and/or maintenance of the
section of WCR 126 where the new second access will intersect.
The anticipated descriptive cross-section referenced in section 44.3.4 is
explained in Attachment A.
44.4.7 — Fencing
There is an existing three-strand barbed-wire fence along the perimeter of
most of the property. This fence will be completed around the entire
Carr Gravel Resource Amendment.WC.USR-840 9 99032.WD
Andesite Rock Company February 24,2000
Banks and Gesso, LLC
perimeter of the property, where needed, and maintained throughout the
life of the mine. Entrance to the operation from WCR 126 will be gated
and locked during periods of no operation. Entrance to the current plant
site from WCR 21 is gated and locked when required.
44.4.8 - Topsoil Salvage
As per the reclamation plan in the CDMG application, there is more than
adequate topsoil on site to reclaim the perimeter of the reservoirs and the
berm/maintenance road between the reservoirs. Topsoil to be salvaged
for reclamation will be placed in berms at convenient and appropriate
locations at the edges of the mining limit. Adequate seeding with a
temporary seed-mix cover will be performed to prevent wind and water
erosion of the berms, if they are to remain for more than one year.
44.4.9 — Processing Equipment
There will be no processing equipment associated with this amendment
The amendment area is to be mined and reclaimed for water-storage
reservoirs only. All processing of the mined material will be performed at
the currently permitted plant site.
The amendment area will be mined utilizing scrapers, a tracked excavator
and up to three 70-ton haul trucks. This is the currently approved mining
method for USR-840. A more detailed description of the mining method
and reclamation procedure can be found in the CDMG application
contained at the back of this amendment application.
44.4.11 — Water Rights
Andesite Rock Company owns the water rights to the subject property, as
shown in Attachment D and as described in 44.3.2.
Car Gravel Resource Amendment.WC.USR-840 10 99032 WD
Andesite Rock Company February 24.2000
Banks and Gesso, LLC
44.4.12 - Additional Operation Policies
1. The subject property is not located in a floodplain.
2. All liquid and solid wastes shall be stored and removed for final
disposal in a manner that protects against surface and groundwater
contamination.
3. No permanent disposal of wastes shall be permitted at the amendment
area.
4. Waste materials shall be handled, stored, and disposed of in a manner
that controls fugitive dust, blowing debris, and other potential nuisance
conditions.
5. The maximum permissible noise level shall not exceed the industrial
limit of 80 dB(A), as measured according to 25-12-102, Colorado
Revised Statutes.
6. The applicant shall remove, handle, and stockpile overburden, soil,
sand and gravel from the amendment area in a manner that will
prevent nuisance conditions.
7. Sanitation facilities are provided at the plant site for the currently
approved USR-840. Personnel mining the amendment area will utilize
those facilities, as they are at the current mining site. Potable water is
supplied by bottled water delivered to the site. Well water will not be
used for employee's drinking water.
8. The amendment area shall operate in accordance with an approved
dust abatement plan at all times. The plant site for USR-840 shall
continue to maintain sufficient equipment available to implement dust
control, as required by the Weld County Health Department for the
amendment area.
9. The amendment area shall be maintained in compliance with the local
fire protection district and the Colorado Division of Minerals and
Geology, as is occurring with USR-840.
10."No Trespassing" signs shall be posted and maintained on the
perimeter to clearly identify boundaries of the amendment area.
Can Gravel Resource Amendment.WC.USR-840 ]] 99032.WD
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Banks and Gesso, LLC
11.The amendment area will operate in accordance with the amended
and approved stormwater plan for USR-840.
12.All construction on the property will be in accordance with the Weld
County Building Code Ordinance.
13.Lighting provided for emergency night operation on the amendment
area will be designed so that it will not adversely affect surrounding
property owners.
14.The sand and gravel mining operation for this amendment area will
comply with operation policies identified in Section 44 of the Weld
County Zoning Ordinance.
15.The property owner or operator will be responsible for complying with
the Operating Standards of Section 24.6 of the Weld County Zoning
Ordinance, as amended.
16.Personnel from the Weld County Health Department and Weld County
Planning Department will be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the
property comply with the Development Standards stated herein and all
applicable Weld County regulations.
17.The Special Review amendment area will be limited to the plans
shown herein and governed by the foregoing standards and all
applicable Weld County Regulations. Substantial changes from the
plans or Development Standards as shown or stated shall require the
approval of an amendment of the Permit by the Weld County Planning
Commission before such changes from the plans or Development
Standards are permitted. Any other changes shall be filed in the office
of the Department of Planning Services.
18.The property owner or operator will be responsible for complying with
all of the foregoing Development Standards. Noncompliance with any
of the foregoing Development Standards may be reason for revocation
of the Permit by the Board of County Commissioners.
Carr Gravel Resource Amendment.WC.USR-840 12. 99032.WD
Andesite Rock Company February 24, 2000
Banks and Gesso, LLC
5 - Requirement 44.5 - Reclamation Policies
In addition to the commitments made in the application to the Colorado
Division of Minerals and Geology, the applicant commits to the following
reclamation policies:
44.5.1 - Compatibility with Surrounding Land Uses
The reclamation plan is designed for an end-use of water storage and
wildlife habitat. The current surrounding land uses are agricultural in
nature with natural areas adjacent to Lone Tree Creek. The reclamation
plan for the subject property is compatible with the existing and the
anticipated future agricultural uses in the area. See Exhibit E-Reclamation
Plan submitted to the Colorado Division of Minerals and Geology at the
end of this amendment application package.
44.5.2 - Completion of Operations - Safety
Following the completion of mining operations, the water-storage
reservoirs will be operated and managed by either the applicant or a
water-storage service entity. The amendment area containing the
reservoirs will be fenced. Access to the site will be limited to employees
necessary to maintain the water-storage reservoirs by a gated and locked
entrance. For safety purposes, access by others will be limited.
44.5.3 — Drainage
Sufficient drainage control shall be provided so as to prevent water
pockets or undue erosion. Grading shall be accomplished in such a
manner that stormwater does not leave the property, as any surface runoff
will be directed into the excavated pit that will be reclaimed to reservoirs.
Carr Gravel Resource Amendment.WC.USR-840 13 99032.WD
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Banks and Gesso, LLC
44.5.4 — Grading and Erosion Control
All excavated areas shall be final graded in substantial conformity to the
use of the land proposed in the reclamation plan. Ridges, banks and
mounds shall be graded so as to minimize erosion. A native grass seed-
mix shall be planted around the perimeters of the reservoirs replacing the
current pastureland on the site to preclude any erosion.
6 — Other Weld County Requirements:
6.1 — Detailed Description of the Method of Mining
Operation
The detailed mining plan is included in the CDMG amendment application
package, which is contained at the end of this county amendment
application.
6.2 — Certified List of Property Owners Within 500 Feet
The required certified listing is enclosed in Attachment "B".
6.3 — Certified List of Mineral Owners and Lessees
The required certified listing is enclosed in Attachment "C".
6.4 — Statement of Consistency with the Weld County
Comprehensive Plan
The Applicant has compared this proposed use and has prepared this
amendment application package to conform to all Mineral Resource Goals
and Policies of the Weld County Comprehensive Plan. Details of the
proposed amendment contained in this application support all Goals and
Policies of the Plan.
Carr Gravel Resource Amendment.WC.USR-840 14 99032 WD
Andesite Rock Company February 24,2000
Banks and Gesso, LLC
6.5 - Statement of Consistency with the Intent of the Zone
District
The subject property is within the "A (Agricultural) District". The intent of
this district is to "provide areas for the conduct of agricultural activities and
activities related to agriculture and agricultural production without the
interference of other, incompatible land uses". In addition, "the A District
is also intended to provide areas for the conduct of Uses by Special
Review which have been determined to be more intense or to have a
potentially greater impact than Uses Allowed by Right". Mineral resource
development is one of the Uses by Special Review in the A (Agricultural)
District. This application has been designed to meet the intent of the Zone
District and the requirements of the Use by Special Review.
6.6 - Statement of Adequate Provisions to Protect the
Health, Safety, and Welfare
This amendment application contains adequate provisions to protect the
health, safety, and welfare of surrounding landowners and the County
residents. The plan contained in this amendment application package
addresses all of the major areas of potential pollution and nuisance factors
related to these issues such as noise, dust, water pollution, drainage,
truck traffic, etc.
6.7 — Statement of Compatibility with Existing Uses
Existing surrounding land-uses are predominantly agricultural in nature.
The proposed mining is allowed for in the zoning ordinance as a Use by
Special Review in the A (Agricultural) District. The mine and reclamation
plans, along with the end-use of the property, have been designed to be
compatible with the surrounding agricultural land uses and they contain
provisions to ensure this compatibility.
Carr Gravel Resource Amendment.WC.USR-840 15 99032.WD
Andesite Rock Company February 24, 2000
Banks and Gesso, LLC
6.8 - Statement of Compatibility with Future Uses
Future uses surrounding the subject property will continue to be
agricultural in nature for the foreseeable future. Some nearby properties,
particularly to the southeast, also contain commercial quantities and
quality sand and gravel deposits. It is highly likely that some of these
surrounding deposits will be exploited by mining in the future. Mining and
reclamation to water storage of the subject property is consistent with the
future anticipated uses of surrounding properties.
6.9 - Statement Concerning Floodplain, Geologic Hazards,
and the Airport Overlay District; Compliance with
Section 50
6.9.1-- Floodplain —The subject property is not located in a
floodplain.
6.9.2 —Geologic Hazards —The subject property contains no
known geologic hazards.
6.9.3 —Airport Overlay District—The subject property does not lie
within the Airport Overlay District.
6.9.4— Statement of Compliance with Section 50 —There is no
requirement for a Flood Hazard Development Permit, so there will
be no requirement for conformance with Section 50-Overlay
Districts.
6.10 - Proof of Water
Copies of ownership documents concerning water are enclosed in
Attachment "D".
Carr Gravel Resource Amendment.WC.USR-840 16 99032.WD
Andesite Rock Company February 24,2000
Banks and Gesso, LLC
6.11 — Copy of Legal Instrument Identifying Applicant's
Interest in the Property
The applicant, Andesite Rock Company, has an interest in the property
through complete ownership. A copy of the Warranty Deed conveying title
of the property to Andesite Rock Company is enclosed in Attachment "E"
6.12 — Special Review Use Questionnaire
The questionnaire is enclosed in Attachment "F".
6.13 — Weld County Road Access Information Sheet
A completed road access information sheet is enclosed in Attachment "(3".
Traffic Information and Proposed Road Improvements
Average annual production and sales from this property will continue at
generally the same pace as has been occurring on the permitted USR-840
for 12 years. No increase in production due to approval of this
amendment application is being proposed and therefore, there will be no
increase in the amount of truck traffic or rail loading from the plant site.
There will be no additional traffic generated by employees, venders and
suppliers to the site.
The proposed secondary access and associated road improvements have
been previously addressed under 44.4.5 and 44.4.6. Andesite Rock
Company proposes to pave the entrance apron from the secondary
access road 100 ft. onto County Road 126 prior to the start of hauling from
the plant site north on this secondary access. The applicant will also
chemically treat the gravel access road/haul road from the apron to the
plant site, if necessary, for dust and erosion control during operations.
Carr Gravel Resource Amendment.WC.USR-840 17 99032.WD
Andesite Rock Company February 24,2000
Banks and Gesso, L.LC
Upon County approval of this amendment, the applicant will amend a road
maintenance agreement that is currently in place with the Weld County
Public Works Dept. for USR-840. The amendment with the Weld County
Public Works Dept. may include improvements and/or maintenance of the
section of WCR 126 where the new second access will intersect.
Carr Gravel Resource Amendment.WC.USR-840 18 99032.W D
Andesite Rock Company February 24,2000
Banks and Gesso, L.LC
Attachment "A"
Anticipated Entrance Road Cross-Section
Subject to the actual results of the geotechnical investigation and
pavement design to be conducted, the pavement on the access apron
leading to Weld County Road 126 will be 24 ft. wide with 3-foot gravel
shoulders. The anticipated pavement section will be 4 inches of asphalt,
over 8 inches of compacted aggregate basecourse.
Carr Gravel Resource Amendment.WC.USR-840 19 99032.WD
Andesite Rock Company February 24, 2000
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver,Colorado 80203 : D V I A' O F O F
Phone:(303)866-3567 c) ' MINERAL S
FAX:(3C3)832-8106
(1 E 0 1. 0 G Y
RECLAMATFON
MI NI N C-SAFETY
Bili('wen,
Notice of 112 Construction Materials He.,MO!
Reclamation Permit Amendment Application Consideration I x,•,'awe a i„
MI'nael 0.I, ilk
DI.' 'on 0,rvr.on
DATE: March 6, 2000
TO: Weld County Planning Department
915 10i8 St
Greeley CO 80632
FROM: Carl B. Mount, Senior Environmental Protection Specialist 15i7C_'. Ve,- C 1'SI
RE: Andesite Rock Company, Carr Gravel Resource, Permit No. M-1988-048
Please be advised that on February 29, 2000, Andesite Rock Company, whose address and telephone
number are 7321 E. 88th Ave., Ste. 200, Henderson, CO 80640; (303) 287-4656, filed an Amendment
application to M-1988-048, Carr Gravel Resource, which is located at or near Section 26, Township II N,
Range 67W, 6th Prime Meridian, in Weld County. The application decision is scheduled for May 30,
2000.
A copy of the application is available for review at the Weld County Clerk & Recorder's office and at the
office of the Division of Minerals and Geology, Room 215, 1313 Sherman Street, Denver, Colorado
80203.
All written comments or objections must be submitted within twenty (20) days of the date of the newspaper
public notice to be considered in the application review process by the Division. You should contact the
applicant for the newspaper publication date.
decd C- r:Iwwe, L :L',1.
2000
COLORADO MINED LAND RECLAMATION BOARD
APPLICATION FOR AN AMENDMENT TO A
REGULAR 112 PERMIT
CARR GRAVEL RESOURCE
M-88-048
Prepared for:
Andesite Rock Company
7321 East 88th Avenue
Suite 200
Henderson, Colorado 80640
Prepared by:
Banks and Gesso, LLC
720 Kipling Avenue, Suite 117
Lakewood, Colorado 80215
(303) 274-4277
February 24, 2000
TABLE OF CONTENTS
Page
APPLICATION FORM
INTRODUCTION 1
EXHIBITS
Exhibit A— Legal Description 4
Exhibit B — Index Map 5
Exhibit C — Pre-Mining and Mining Plan Map 6
Exhibit D — Mining Plan 7
Exhibit E — Reclamation Plan 13
Exhibit F — Reclamation Plan Map 23
Exhibit G —Water Information 24
Exhibit H —Wildlife Information 28
Exhibit I — Soils Information 29
Exhibit J —Vegetation Information 30
Exhibit K — Climate 31
Exhibit L — Reclamation Costs 32
Exhibit M — Other Permits and Licenses 33
Exhibit N — Source of Legal Right to Enter 36
Exhibit O — Owners of Record 37
Exhibit P — Municipalities Within Two Miles 38
Exhibit Q — Proof of Mailing 39
TABLE OF CONTENTS
(Continued)
Exhibit R — Proof of Filing with County Clerk and Recorder 40
Exhibit S — Permanent Man-Made Structures 42
LIST OF TABLES
Table E-1 Seed Mix-Temporary Cover for Topsoil Berms 21
Table E-2 Seed Mix- Permanent Cover 22
Table L Reclamation Cost Estimate 32
APPENDIX
Proof of Property Posting
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver,Colorado 80203 DIVISION OF
Phune_(303)866-3567 MINERALS
FAX:1.3011832-8106 &
GEOLOGY.
CONSTRUCTION MATERIALS MIN •SAF ETY
oN
REGULAR(112)OPERATION _.
RECLAMATION PERMIT APPLICATION FORM Bid Owens
Cnvernor
Greg E.Walchnr
Enecmlve Duet to,
CHECK ONE: _New Application(Rule 1.4.5) X Amendment Application(Rule 1.10rcnael a jtecnnF
_Conversion Application(Rule 1.11)
Permit# M - 88 - 048 - (provide for Amendments and Conversions of existing permits)
The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts:(I)the application form;
(2)Exhibits A-S,Addendum 1,any sections of Exhibit 6.5(Geotechnical Stability Exhibit;and(3)the application fee. When you submit your
application, be sure to include one(1)complete signed and notarized IVORY ORIGINAL and four(4)copies of the completed ivory
application form,five(5)copies of Exhibits A-S,Addendum 1,appropriate sections of 6.5(Geotechnical Stability Exhibit,and a check for
the application fee described under Section (4) below. Exhibits should NOT be bound or in a 3-ring binder;maps should be folded to
8 1/2"X 11"or 8 1/2" X 14"size. To expedite processing,please provide the information in the format and order described in this form.
GENERAL OPERATION INFORMATION
Type or print clearly,in the space provided,ALL information requested below.
1. Applicant/operator or company name(name to be used on permit): Andesi to Rock Company
1.1 Type of organization(corporation,partnership,etc.): r o rp O r 1-i
1.2 I.R.S.Tax I.D.No.or Social Security Number: 46-022-9601
2. Qgeration name(pit,mine or site name): Carr Gravel Resource
3. Permitted acreage(new or existing site): 1302 permitted acres
3.1 Change in acreage(+) 1.1 C acres
3.2 Total acreage in Permit area 1417 acres
4. Fee:s_:
4.1 New Application $1.875.00 application fee
4.2 New Quarry Application $2325.00 quarry application
4.3 Milling Application(Non-DMO) $3.100.00 milling application
4.4 Amendment Fee $1.550.00 amendment fee
4.5 Conversion to 112 operation(set by statute) $1.875.00 conversion fee
5. Primary commoditie(s)to be mined: sand gravel
5.1 Incidental commoditie(s)to be mined: I. n/a - Ibs/Tons/vr 2. / IbsRons/yr
3. / lbs/Tons/yr 4. / Ibs/fons/yr 5. / lbs/fons/yr
5.2 Anticipated end use of primary commoditie(s)to be mined: asohal t/concrete __-
5.3 Anticipated end use of incidental commoditie(s)to be mined: n/a
2 —
6. Name of owner of subsurface rights of affected land: Andesite Rock Company
If 2 or more owners."refer to Exhibit O".
7. Name of owner of surface of affected land: Andesite Rock Company _
7.1 Names of the holders of any recorded easements on the affected land: n/a
8. type of mining operation: x Surface Underground
9. ji, ation Information: The center of the area where the majority of mining will occur:
COUNTY: Weld
PRINCIPAL MERIDIAN(check one): x 6th(Colorado) 10th(New Mexico) _ _Ute
SECTION(write number): S 27
TOWNSHIP(write number and check direction): T 11 x North —South
RANGE(write number and check direction): R 6 7 —East x West
QUARTER SECTION(check one): x NE NW x SE -SW
QUARTER/QUARTER SECTION(check one): _NE NW —SE —SW
GENERAL DESCRIPTION:(the number of miles and direction from the nearest town and the approximate elevation) _
approximately 1/2 mile east of the town of Carr and at an approximate elevation of
5,685 ft. above MSL. --
10. Fr knary future(Post-mining)land use(check one):
- Cropland(CR) — Pastureland(PL) — General Agriculture(GA)
- Rangeland(RL) _ Forestry(FR) — Wildlife Habitat(WL)
Residential(RS) _ Recreation(RC) IndushiailCommercial(IC)
X Developed WaterResources(WR) — Solid Waste Disposal(WD)
11. Primary present land use(check one):
- Cropland(CR) X Pastureland(PL) — General Agriculture(GA)
- Rangeland(RL) Forestry(FR) — Wildlife Habitat(WL)
- Residential(RS) — Recreation(RC) Industrial/Commercial(IC)
_ Developed Water Resources(WR)
12. fk?hodofMining: Briefly explain mining method(e.g.tuck/shovel): Mined material is excavated by a
5 yds trackhoe and loaded into 70-ton belly-dumptrucks and transported to plant .
13. 12n_Site Processing: x Crushing/Screening
13.1 Briefly explain mining method(e.g.truck/shovel): Mined material is.crushed /screened/stockpiled
at the currently permitted plant site. Finished product is trucked and railed offsite.
List any designated chemicals or acid-producing materials to be used or stored within permit area: ri/a
- 3 -
14. c_gpespondence Information:
A U ANT/OPERATOR (name,address,and phone of name to be used on permit)
Contact's Name: Ri rk Everist Title: Vice-7President. _
Company Name: Andesite Rock Company
Street: 7321 E. 88th Ave. , Suite 200
City: Henderson
State: Colorado Zip Code: 80640
Telephone Number: ( 303 1. 287-4656
Fax Number: ( 303 ). 287 -8076
ELEMITTING CONTACT (if different from applicant/operator above)
Contacts Name: Rob Laird Title:
Company Name. Banks and Gesso, LLC
Street: 720 Kipling .St• , Suite 117
City: Lakewood
State: Colorado Zip Code: 80215
Telephone Number. ( 303 )_ 274--4277
Fax Number: f 303 '_ 2748329
INFECTION CONTACT
Contact's Name: Rick Everist Title: VicePre.sident
Company Name: Andesite Rock Company
Street: 7321 E. 88th Ave., Suite 200
City: Henderson,
State: Colorado Zip Code: 80640 —
Telephone Number. ( 303 )_ 287-4656
Fax Number: 3L 03 1_ 287-8076 —
S .STATE OR FEDERAL LANDOWNER(if any)
Agency: n/a
Street:
City:
State: Zip Code: _—
Telephone Number: I )
c_CL.STATE OR FEDERAL LANDOWNER(if any) —
Agency: n/a
Street:
City:
State: Zip Code: _ --
Telephone Number ( 1-
— 4 —
15. Description of Amendment or Conversion:
If you are amending or convening an existing operation,provide a brief narrative describing the proposed change(s).
The only change involved for this amendment is to permit an additional I]o acres,
of which approximately 85 will be mined.Reclaimed site will be for water-storage
reservoirs. All processing will occur at the currently permitted plant site.
Maps and Exhibits:
Five(5)complete,unbound application packages must be submitted. One complete application package consists of a signed application
form and the set of maps and exhibits referenced below as Exhibits A-S,Addendum 1,and the Geotechnical Stability Exhibit. Each
exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered
consecutively for ease of reference. If separate documents are used as appendices,please reference these by name in the exhibit.
With each of the five(5)signed application forms,you must submit a corresponding set of the maps and exhibits as described in the
following references to Rule 6.4,6.5,and 1.6.2(1)(b):
EXHIBIT A Legal Description
EX[-[IBIT B Index Map
EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands to include the location of any recorded
easements
EXHIBIT D Mining Plan
EXHIBIT E Reclamation Plan
EXHIBIT F Reclamation Plan Map
EXHIBIT G Water Information
EXHIBIT H Wildlife Information
EXHIBIT I Soils Information
EXHIBIT J Vegetation Information
EXHIBIT K Climate Information
EXHIBIT L Reclamation Costs
EXHIBIT M Other Permits and Licenses
EXHIBIT N Source of Legal Right-To-Enter,to include holders of any recorded easements
EXHIBIT O Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined,to include
holders of any recorded easements
EXHIBIT P Municipalities Within Two Miles
EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Soil Conservation District
EXHIBIT R Proof of Filing with County Clerk or Recorder
EXI SIT S Permanent Man-Made Structures
Rule 1.6.2(1)(b) ADDENDUM 1 -Notice Requirements(sample enclosed)
Rule 6.5 Geotechnical Stability Exhibit(any required sections)
The instructions for preparing Exhibits A-S,Addendum 1,and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and
Rule 1.6.2(l)(b)of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required,
or would like to schedule a pre-application meeting you may contact the Office at 303-866-3567.
- 5 -
Responsibilities as a Permittee:
Upon application approval and permit issuance, this application becomes a legally binding document. Therefore,
there are a number of important requirements which you, as a permittee, should fully understand. These
requirements are listed below. Please read and initial each requirement. in the space provided, to acknowledge
that you understand your obligations. If you do not understand these obligations then please contact this Office
for a full explanation.
1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume
legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected
lands associated with your mining operation in the event your permit is revoked and financial warranty is
forfeited;
S2. The Board may suspend or revoke this pemrit, or assess a civil penalty, upon a finding that the
permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that
information contained in the application or your permit misrepresent important material facts;
3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit
boundary, substantial civil penalties, to you as permittee can result;
• Any modification to the approved mining and reclamation plan from those described in your approved
application requires you to submit a permit modification and obtain approval from the Board or Office;
PP ,
#5. It is your responsibility to notify the Office of any changes in your address or phone number;
• Upon permit issuance and prior to beginning on-site mining activity, you must post a sign at the
entrance of the mine site, which shall be clearly visible from the access road, with the following information
(Rule 3.1.12):
•
a. the name of the operator;
b. a statement that a reclamation permit for the operation has been issued by the 'Colorado
Mined Land Reclamation Board; and,
c. the permit number.
. The boundaries of the permit boundary area must be marked by monuments or other markers that are
clearly visible and adequate to delineate such boundaries prior to site disturbance.
- 6 -
6
8. It is a provision of this permit that the operations will be conducted in accordance with the terms and
conditions listed in your application, as well as with the provisions of the Act and the Construction Material
Rules and Regulations in effect at the time the permit is issued.
9. Annually, on the anniversary date of permit issuance, you must submit an annual fee as specified by
Statute, and an annual report which includes a map describing the acreage affected and the acreage
reclaimed to date(if there are changes from the previous year), any monitoring required by the Reclamation
Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the
previous year a permit is held. For example, a permit with the anniversary date of July 1, 1995,the annual
fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by
the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your
financial warranty. It is your responsibility, as the permittee, to continue to pay your annual fee to the
Office until the Board releases you from your total reclamation responsibility.
(4.1a-10. For joint venture/partnership operators: the signing representative is authorized to sign this document
and a power of attorney(provided by the partner(s)) authorizing the signature of the representative is
attached to this application.
NOTE TO COMMENTORS/OBJECTORS:
It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office.
Therefore, if you have any comments or concerns you must contact the applicant or the Office prior to the
decision date so that you will know what changes may have been made to the application document.
The Office is not allowed to consider comments, unless they are written, and received prior to the end of the
public comment period. You should contact the applicant for the final date of the public comment period.
If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals
process, you may contact the Office at (303) 866-3567.
•
- 7 -
Certification:
As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum
requirements of the following terms and conditions:
1. To the best of my knowledge,all significant,valuable and permanent man-made structure(s)in existence at the time
this application is filed,and located within 200 feet of the proposed affected area have been identified in this application
(Section 34-32.5-115(4)(e),C.R.S.).
2. No mining operation will be located on lands where such operations are prohibited by law(Sectioi
34-32.5-115(4)(f),C.R.S.;
3. As the applicant/operator,I do not have any extraction/exploration operations in the State of Colorado currently in
violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials(Section
34-32.5-120,C.R.S.)as determined through a Board fording.
4. I understand that statements in the application are being made under penalty of perjury and that fal s • yy is
made herein are punishable as a Class I misdemeanor pursuant to Section 18-8-503,C.R.S. r�,,,,....�,,,,,,,,
`, �i I"i %ter
Signed and dated this g`' day of •
,`
n
•
•lE C rrS _ 44
� CO -
1 �
Itp ictf-y �
INIC- ' If Corporation��� t•Applicant/+ r Company Name
al
Signed/ Signed: I i Al>57 11
9/� � Corporate'- or Equivalent
Title: ! pairTown/City/County Clerk
State of
County of ( UA_CilX\v )ss
Thee o' g instrument was acknowledged before this % day of -(�.L�/./
by 45. /1to/l,T as Viet 2bl(lklut of I.G. 2u
pji�e��� r c4%U l%a 1
iic
Notary Public
1 KIM RIVARp
stHam• ;CV.
ttt9 ;••.,.. .�Q�% My Commission expires:
4.x.p` Celt—
SIGN.tJf,t1: s�'1 t rpT X75 LUE INK
M:\MMSHARE\VSFORM512823CO12APP 02/10/99
INTRODUCTION
This amendment application being submitted through the Colorado Division of
Minerals and Geology (CDMG), and under the auspices of the Colorado Mined
Land Reclamation Board (CMLRB), has been developed in conformance with the
CMLRB Construction Material Rules and Regulations.
This amendment request is being made on behalf of the applicant, Andesite
Rock Company, who are the owners of the 110 acres to be amended onto the
current permit (M-88-048), known as the Carr Gravel Resource. See Exhibit B-
Index Map, for the location of the site and significant surrounding features.
The original 1302-acre permit area was zoned by Weld County and permitted by
the CMLRB in 1988 for mining, plant processing of the mined material, batching
for both concrete and asphalt, transport by rail and truck for all products, and
reclamation of the mined area back to dryland pasture (non-irrigated). A CDMG
Technical Revision was submitted and approved in 1991 allowing a change in
the direction of mining in the Phases and a change in the location of both the
plant site and railroad spur. All Annual Reports have been filed with the CDMG
showing the progression of mining and extent and condition of reclamation. All
Annual Fees have been paid.
The amendment property was platted for possible eventual incorporation into the
Town of Carr, should residential development proceed to where incorporation
would be necessary. The Town of Carr has never incorporated. Residential
development of this tract of land would not be likely, as the property is adjacent
to the Union Pacific Railroad tracks which support a minimum of 20 fully loaded
coal trains per day.
The proposed amendment area consists of approximately 110 acres, of which
approximately 83 acres will be mined for a significant sand and gravel resource.
The mined material will be transported and processed at the current plant site on
the permit area to the south. Sales of the processed material will be by rail and
gravel haul-trucks offsite, utilizing an existing and approved rail-siding and
access road onto Weld County Rd. 21 and a proposed secondary access onto
Weld County Rd. 126.
Mining will be accomplished with a tracked excavator and haul trucks. The
material to be mined is sand and gravel approximately 8 ft. thick and overlain by
approximately 2 ft. of fine, soil-like, inert overburden. The overburden is overlain
by approximately 6 in. of topsoil. The topsoil and overburden will be stripped and
segregated prior to mining and will be used in different aspects of the
reclamation. The sand and gravel is underlain by shale. The sand and gravel
deposit does not support an alluvial groundwater table and so is naturally mined
"dry".
2
The final reclamation of the amendment area will be as two separate, sealed
water-storage reservoirs that will have the ability to be operated independently or
in combination.
The following Exhibits explain in more detail the proposed amendment for mining
this area of the Carr Gravel Resource.
3
EXHIBIT A- LEGAL DESCRIPTION
The legal description for the proposed amendment area to the currently approved
permit area (M-88-048) is as follows:
Located in the East 1/2 of the East % of Section 27, Township 11N, Range 67W,
6th P.M.
More accurately described as:
All of Lots 1 and 2 lying South of County Road 126, and all of Lots 3 and 4,
Block K;
All of Lots 1, 2, 3 and 4, Block L;
All of Lots 1, 2 and 3, Block M;
All of Blocks N and 0;
Town of Carr,
County of Weld,
State of Colorado
4
EXHIBIT B — INDEX MAP
The regional location of the amendment area in relation to the currently approved
permit area (M-88-048) is provided on Exhibit B-Index Map.
5
EXHIBIT C — PRE-MINING AND MINING PLAN MAP OF AFFECTED LAND
Exhibit C, Pre-Mining and Mining Plan Map, follows and is contained within a
map pocket. Adjacent property owners within 200 ft. are shown on this Exhibit
and are listed by number (corresponding to location) with tax parcel I.D.
numbers. Soil types are also shown, with a brief description of the soils for the
amendment area. A more complete description of the soils on the amendment
area can be found in Exhibit I-Soils Information. Pre-mining conditions are also
discussed in Exhibit J-Vegetation Information.
6
EXHIBIT D — MINING PLAN
Overview
The applicant proposes to develop the amendment area for sand and gravel
mining and reclamation into two water-storage reservoirs. Approximately 83
acres of the total 110 acres to be incorporated into the existing permit will be
mined (see Exhibit C-Pre-Mining and Mining Plan Map). The mined sand and
gravel deposit is naturally dry, with no associated alluvial groundwater table.
Therefore, there will be no requirement for discharge of alluvial water from the
deposit in order to mine it "dry". Mining of this deposit will be accomplished
almost exactly as is being performed on the current permit area, except for the
handling and storage of overburden and topsoil. The deposit is the same as that
on the current permit area and is of the same quality and relative quantity.
The applicant has been mining on the current permit area for 12 years. No
change to the mine plan for the currently permitted 1302-acres of Permit No. M-
88-048 is being proposed, other than a re-numbering of the Phases, due to the
addition of the amendment area. See Exhibit C. The former Phase 3 will now
become Phase 4. The permit area to the southwest of that shown on Exhibit C,
and contained within the original permit application, is not being proposed for any
change to the mine or reclamation plan, other than a re-numbering of the phases.
This southern area amounts to approximately 242 acres to be mined and
reclaimed. Phase 4 will become Phase 5 and Phase 5 will become Phase 6.
The entire duration of mining on the permit area, including the amendment area,
will increase by approximately three years.
Mine Plan
The amendment area will be mined in one Phase, termed Phase 3. The phasing
of the entire permit area (including this amendment area) has been re-numbered
• due to this proposed amendment. Phase 1 has been completely mined and
reclaimed. Phase 2 of the current permit area is nearly completed with both
mining and reclamation, and rather than moving to the old Phase 3 (located to
the south of Phase 2), the applicant wishes to move mining operations onto the
new amendment area and complete mining and reclamation in the north of the
permit area, before moving further south. See Exhibit C. The new proposed
Phase 3 (amendment area), is anticipated to be mined-out in approximately three
years. Final reclamation will take approximately one year to 18 months following
completion of mining. The amendment area will be mined with the same method
and equipment as is currently being used on Permit No. M-88-048, as described
below.
Mining Methodology
The amendment area, consisting of 83 acres to be mined out of the 110 acres to
be amended onto the current permit area, will be mined and reclaimed in one
continuous phase, termed Phase 3. Mining will begin in the north of the Phase
and move south until completion. Mining will then move to Phase 4, to the south
8
of Phase 2, and be completed as shown on Exhibit C. This is as described in the
original permit application and further modified by the Technical Revision of 1991
for Permit No. M-88-048. The mining method for the amendment area is the
same as has been practiced on both Phase 1 and Phase 2 for the last 12 years
on the current permit area.
Topsoil will be stripped from the area to be mined in the forthcoming year with a
scraper and stockpiled in the triangular area left as a setback from mine
excavation, located in the central-northwest corner of Phase 3. Topsoil averages
6 in. over the entire permit area, including this phase. Only enough topsoil will be
maintained onsite in temporarily revegetated berms, located in this area or at the
edges of the following year's mining, to complete topsoiling of exposed, disturbed
areas in the phase. This amounts to approximately 11 acres and will consist of
the shoreline edges of the reservoirs, the pumphouse/maintenance shed pad
(the "pad"), and the dike separating the two reservoirs. These features can be
seen on Exhibit F-Reclamation Plan Map. There will be an overabundance of
topsoil obtained from the phase. The topsoil requirement, for replacement at 6 to
8 in. for reclamation of these features, amounts to approximately 13,300 cu. yds.
and there is approximately 67,000 cu. yds. contained within the phase.
Remaining topsoil stripped from the phase will either be used elsewhere on the
permit area, if required, or sold offsite.
9
Topsoil and overburden will be stripped from approximately 32 acres each year
from the mining phase for mining within that year. From two to three years will
be required to mine the phase. Overburden, consisting of approximately 2 ft.
underlying the topsoil, will be stripped with a scraper and temporarily stockpiled
on the succeeding year's area to be mined. These stockpiled berms of
overburden will not be temporarily revegetated for erosion control, as they will be
removed and deposited near the mined pit-slopes of the excavation in order to be
mixed with excavated shale for sealing of the mined pit-slopes, once the
excavation is complete for that year. The stockpiling and removal of the
overburden berms to the excavated pit will all occur within approximately one
year. Again, there will be an overabundance of overburden located on the phase
in order to complete the proposed reclamation into two reservoirs. There is
approximately 268,000 cu. yds. of overburden located on the phase, and the
required amount of mixed shale and overburden to complete the dike, pad,
berms and clay-liner for the reservoirs, amounts to approximately 100,400 cu.
yds. The pad will be backfilled primarily with overburden, as only the berm and
liner in this location will need to be "water-tight" to preclude leakage from the
reservoir (Reservoir 2).
The sand and gravel of Phase 3 will be exposed after the overburden is stripped.
The sand and gravel will be mined using a tracked excavator that will load the pit-
run aggregate into one to three 70-ton haul trucks for transport to the existing
gravel plant where it will be processed into final products. See Exhibit C. The
to
sand and gravel of the deposit is approximately 8 ft. thick and is underlain by
shale. The entire depth of the deposit will be mined to the shale. Overburden
will be removed from the temporary berms and deposited into the excavation, as
described above, for use in the clay-liner and berms. Mining of the entire phase
will take from between two to three years.
Equipment Utilized
On-site mining equipment will include:
scrapers
5 cu. yd. tracked excavator
70-ton belly-dump haul trucks
Sequence of Activities on Site
1.) Topsoil will be stripped with scrapers from each approximate 32-acre
area to be mined in the year and stockpiled into berms and re-seeded
with a temporary vegetative cover seed-mix. The topsoil berms will be
located either in the triangular area left as a setback from mine
excavation, located in the central-northwest corner of Phase 3, or at
the edges of the following year's mining for use in the topsoiling of the
previous year's mining. Only enough topsoil will be kept onsite to
complete final reclamation of exposed areas of the amendment Phase
with topsoiling and revegetation. This amounts to approximately 11
acres.
11
2.) Overburden will then be stripped with scrapers from each approximate
32-acre parcel planned for mining in each year, and temporarily
stockpiled on the succeeding year's mining area for use in excavated
areas as a clay-liner backfill and berms for the water-storage
reservoirs. This activity will be repeated in the succeeding years, as
backfill for reservoir pit-slopes, berms, the dike, and the
pumphouse/maintenance shed pad, until mining is complete on Phase
3. Approximately 2 ft. of overburden exists below the topsoil.
3.) Sand and gravel of the deposit will then be mined over the entire
approximate 32-acres that will be required to satisfy production and
sales of finished products for each year. Mining is anticipated to be
completed on the amendment area in approximately 3 years. The
deposit will be mined to the shale bedrock.
4.) Concurrent reclamation will be practiced on this permit amendment
area in the form of construction of the reservoirs as this phase (Phase
3) is being mined.
12
EXHIBIT E — RECLAMATION PLAN
The post-mining land use for the proposed amendment area is planned for two
water-storage reservoirs with ancillary wildlife habitat. The reclamation process
for constructing the reservoirs will be concurrent with mining, and the completion
of the reservoirs should occur within 12 to 18 months after completion of mining
on the amendment area, Phase 3.
The reclamation plan for this amendment area is significantly different than the
reclamation that is approved on the current permit area. The current permit area
has a reclaimed after-use returning the land to the pre-mine use: as pastureland
for cattle grazing. The reclamation method to achieve the reclaimed use on the
current permit site requires no stockpiling of topsoil or overburden. Stripped
topsoil and overburden are immediately replaced into the preceding excavated
portions of the mining operation by scrapers following behind the excavator and
haul trucks of the mining operation. Permanent revegetation of the backfilled
areas of the current permit site occur within the same one or two years following
backfilling and topsoiling, preceded by a temporary cover-crop to enhance the
organic content of the topsoil and to preclude erosion, until the permanent grass-
seed mixture can become established. This method of an "over-the-shoulder'
reclamation technique has resulted in very successful and permanent grass
stands on the reclaimed mined areas of the current permit site.
13
The proposed final land use of the amendment area will not allow this type of
reclamation procedure, as stockpiling of both topsoil and overburden will be
required to implement the construction of the two reservoirs.
Reclamation Process
As described in Exhibit D-Mining Plan, much of the initial reclamation process for
the post-mining land use will begin as preparation for mining of Phase 3.
Topsoil will be stripped with scrapers from each approximate 32-acre area to be
mined in the year, stockpiled into berms and re-seeded with a temporary
vegetative cover seed-mix. The topsoil berms will be located either in the
triangular area left as a setback from mine excavation, located in the central-
northwest corner of Phase 3, or at the edges of the following year's mining for
use in topsoiling of the previous year's mining. Only enough topsoil will be kept
onsite to complete final reclamation of exposed areas of this amendment Phase
with topsoiling for revegetation. This amounts to approximately 11 acres.
Overburden will then be stripped with scrapers from each approximate 32-acre
parcel planned for mining in each year, and temporarily stockpiled on the
succeeding year's mining area for use in excavated areas as a clay-liner backfill
and berms for the water-storage reservoirs. This activity will be repeated in the
succeeding years, as backfill for reservoir pit-slopes, berms, the dike, and the
14
pumphouse/maintenance shed pad, until mining is complete on this phase.
Approximately 2 ft. of overburden exists below the topsoil.
As the sand and gravel deposit is mined within each approximate 32-acre yearly
area to be mined, reclamation will be concurrent with the mixing of shale and
overburden to create sealed side-slopes for the future reservoirs. See Details 1
and 2 located on Exhibit F-Reclamation Plan Map, showing the construction of
the backfilled clay-liner for the mined pit-slopes of the reservoirs, berms to be
built on top of and part of the clay-liner as part of the constructed water-storage
reservoirs, and the dike separating Reservoirs 1 and 2. Temporarily stockpiled
overburden, located in the mined pit, will be mixed with excavated shale from the
base of the mined deposit to form an impermeable, "water-tight" seal. This clay-
liner seal will contain and isolate reservoir water from the surrounding permeable
sand and gravel of the deposit. The backfilled clay-liner will be emplaced and
compacted, using scrapers and a dozer, creating 3:1 and 2:1 slopes leading to
the top of the shale base. The clay-liner will be keyed into the shale base by
overexcavation a minimum of 3 ft. where the liner contacts the shale. See Detail
1 on Exhibit F. This process will ensure that storage water cannot erode and
leak under the liner.
As an important component of the approval process for the use of this reclaimed
site as water-storage reservoirs, the Colorado State Engineer's Office will have
final jurisdiction over the entire design and performance of the reservoirs. In
15
order to gain this approval, engineered designs and plans will have to be
submitted to the Office for approval. Performance of the reservoirs, as far as
being isolated from the surrounding permeable material, i.e., "water-tight", may
also have to be approved by the Office with the implementation of a monitoring
period proving the success of the clay seal.
Mixed shale and overburden will also be utilized to construct berms around the
lower perimeters of the reservoirs, if required. There is a slight dip to the
southeast of the shale bedrock, as expressed by the overlying sand and gravel
deposit. On the down-gradient portions of both reservoirs, this dip of the shale
may express itself through the need of containment berms to contain the proper
water amounts in the reservoirs. Should berms be required, as shown on Detail
1 on Exhibit F, they will be constructed in the same manner as the clay-liner and
emplaced around the pre-determined perimeter areas of the reservoirs with
scrapers and compacted using a dozer. The berms and the portions of the clay-
liner that will remain above the water surface of the reservoirs, will be topsoiled
and revegetated with a native grass seed-mix.
A dike will be constructed to separate the two reservoirs. The dike separating
Reservoirs 1 and 2 will serve two purposes: It will allow the reservoirs to be
operated independently, in case the applicant or operator chooses to fill the
reservoirs and supply water needs with two different sources of water, and a
berm can be built on the upward (north) side of the dike to contain storage-water,
16
should a berm be required. The dike will be constructed of mixed shale and
overburden, as described for both the clay-liner and berms, and will be
compacted, topsoiled and revegetated. See Detail 2 on Exhibit F-Reclamation
Plan Map, for design and dimensions of the dike. The dike location is shown
separating the two reservoirs on Exhibit F. A gated water-transfer conduit pipe
will be emplaced within the dike to facilitate transfer of storage water between the
upper reservoir (Reservoir 1) and the lower reservoir (Reservoir 2). A
maintenance road will be constructed on top of the dike to access the gate
operation for the water-transfer conduit pipe and to inspect the dike and reservoir
sides. The road will be maintained with pit-run aggregate from the plant.
The last constructed feature of the reclaimed amendment area, will be to backfill
an approximate 3.5-acre "pad" back to near pre-mine grade to facilitate the
construction of a pumphouse/maintenance shed for the operation of the
reservoirs. This pad will be located at the lower end of Reservoir 2, as shown on
Exhibit F, and will be constructed primarily of overburden and faced with clay-
lined backfill and a possible berm on the upgradient (north) side of the pad, to
complete the sealed water-storage reservoir. The pad will be final-graded,
topsoiled, and revegetated with a permanent, native grass seed-mix, as
described for other constructed features of this reclamation plan.
17
Topsoil Preservation
Topsoil will be stripped by scrapers and stockpiled into berms, as previously
described. The berms will be constructed with slopes not to exceed 2:1 and will
be revegetated with a temporary seed-mix to preclude erosion. The temporary
seed-mix is shown in Table E-1 of this Exhibit. Following the seed-mix Tables is
a copy of a proposal from a seeding company who performs seeding on the
current permit site; the recommendations and methods described in the proposal
will be utilized for the temporary cover crop on the amendment area as well.
Excess topsoil not required for the reclamation of this amendment area, will
either be utilized elsewhere on the permit site if needed, or sold offsite.
Regrading and Shaping
The reservoir side-slopes will be final-graded to conform to CDMG rules requiring
that underwater slopes be constructed at 3:1 until the slope is 10 ft. below the
maximum height of the reservoir waterline and finished at 2:1 to the shale
bedrock (base of reservoir). The dike will be final-graded at 3:1 on all slopes
leading to the base of the reservoir. The dike is anticipated to be only
approximately 16 ft. in elevation.
All other exposed areas (above the reservoir water surfaces) of the reclaimed
amendment area will be final-graded to nearly level with positive drainage
incorporated into the grading to mimic the pre-mine topography, where
18
necessary. Final grading to achieve positive drainage will be performed on the
pump house/maintenance shed pad.
Topsoil Replacement
Topsoil will be replaced on all shorelines above the reservoir water-levels and on
the pad and dike surfaces. All exposed areas of the amendment area will be
topsoiled, other than the access road that is to remain on the west side of the
permit area. This access road connects with Weld County Rd. 126 and will be
used to access the workings of the water-storage reservoirs. Topsoil will be
replaced with scrapers to a depth of between 6 and 8 inches and will be disced
prior to seeding, if necessary
Revegetation
Revegetation of all exposed areas described under Topsoil Replacement will be
accomplished after topsoiling is completed. The permanent seed-mix that will be
utilized for these areas is shown in Table E-2 of this Exhibit. Permanent
revegation will be performed by drill-seeding the mix into the prepared topsoil
between November 1 and April 30 at depths between % in. and 1 in. Following
the seed-mix Tables is a copy of a proposal from a seeding company who
performs seeding on the current permit site; the recommendations and methods
described in the proposal will be utilized for the permanent cover crop on the
amendment area as well.
19
Table L-Reclamation Cost Estimate, contained within Exhibit L-Reclamation
Costs, details all costs associated with the above-described reclamation design
for the Carr Gravel Resource amendment area.
20
TABLE E-1
SEED MIX— Temporary Cover for Topsoil Berms
SCIENTIFIC NAME COMMON NAME SEEDING
GRASSES VARIETY' RATE PLS2
LB/AC
Thickspike Critana 3.0
Wheatgrass
Streambank Sodar 3.0
Wheatgrass
Western Wheatgrass Arriba 3.0
Slender Wheatgrass Premier, San Luis 3.0
Creeping Red Fescue Dawson 1.0
1 Variety unnamed native unless specified.
2 Pure Live Seed pounds per acre.
21
TABLE E-2
SEED MIX— Permanent Cover
SPECIES COMMON NAME SEEDING PERCENT (%)
GRASSES VARIETY ' RATE PLS2 OF MIX
LB/AC
Little Bluestein Cimarron 53.69 10
Sideoats Grama El Reno 53.50 25
Western Wheatgrass Barton 73.67 40 Blue Grama 67.27 2E. --
i 1Availability may dictate the need for variety substitution or species omission.
2 Pure Live Seed pounds per acre; rates shown are for drill seeding.
Double rates for broadcast seeding.
3 Percent of mix calculated on a seeds-per-square-foot basis.
22
Andsdte Rock Company
61000 WCR 21
Carr,CO 50612
Dear Sirs:
Enflamed is the proposal for planting of cover and Rase on the Carr site for 19841995
season,long wtth terns and tinning of the miens operatlona. The prima for and ere
good until May 30, 1.994. According to the there are 42.8B measurements
MdamstIon during this growing r season.
I d1d in longs March,
It:pORARY COVER CitOE
Drill ton pounds at sorghum hybrid seed on drle spacing from 10"30",to cat mow end
to prevent wind erosion of site while grass Is established.to be planted May 134une 15.
when soli teaperehrre reaches 80'. Pries Winding seed, per acre,for total of
for the cite.
EnE
and teoormrandetivn taken from USDA SCS publication ACS TP-157,
for Use on Surfae..Mlned Lands-In Arid end Semlatld gam. The following mod mix Is
In Pounds of puts lire seed per acs,or Kt Little Bluestein.war.Cimarron.0.70 PLS;
Sldeosb Grams,var.t i Rene,1.13 PLC Blue Grains var.LovIngton,0.23 PI.S;Western
Whsa$rass var.Barton.3.20 PLS. Drilling to be dine November 1.April 30.at depth
of sir-is .m S0r spacing or less. Price InoludIng seed mix named above , per
acre,for told of
pa rffl el OPERATIONS
Clipping of the temporary cover crop Is mailable as needed,on 7 day notice for
per hoer,and spraying of the area Is a vauable for per acre plus met of chemicals
widah you would Ulm applied.
ate$
Tonne are net 30 days after completIon of a given operation,a discount of 2X for net 10
Payment Is also available to you. Interest of 19%perannum is charged on Ml past due
accounts.
H tilde is acceptable please minim ono of the*Wed daemons to us and retain one far
your records. We currently terry see million In liability Insurance;and would be happy to
provide you with a certificate of that If you require It. We have no employees besides the
proprietors,se n de net early warionsite compentatici Insurance. ff you have any
apnsatleas,pleasi feet free to sell us et(303)534.2325 or(303) 381-2026.
Accepted bY' title Date —
EXHIBIT F — RECLAMATION PLAN MAP
The proposed post-mining contours for both the amendment area (water-storage
reservoirs) and for the northern section of the current permit area (M-88-048) are
shown on Exhibit F-Reclamation Plan Map contained in the following pocket.
23
•
EXHIBIT G —WATER INFORMATION
Overview
This section describes the existing water features in and nearby the proposed
permit amendment area, potential impacts on water resources due to mining, and
water requirements for the project. Local surface water features in the vicinity of
the amendment area are shown on Exhibit B, Index Map and on Exhibit C, Pre-
Mining and Mining Plan Map. The currently permitted mining area is located in
the Lone Tree Creek drainage basin. The amendment area will also be located
in this drainage basin. There are no known sources of data describing the extent
of the 100-year floodplain for the Upper Lone Tree Creek basin and it can be
safely assumed that this small creek with little nearby population, has never been
mapped. The mining limit of the amendment area will be near to the potential
100-year floodplain of Lone Tree Creek and is shown on Exhibit C. However, the
mining limit will remain 20 ft. higher in elevation on a bench above and 250 ft.
away from, Lone Tree Creek.
Mining of the proposed amendment area of the permit will be by mining the
relatively dry deposit that does not contain alluvial groundwater. The entire depth
of the deposit to be mined is only 8 ft. deep. There are no nearby alluvial or
bedrock wells that would be impacted by the mining and there will be no resultant
impact to the alluvial groundwater in the area due to mining this deposit. The
final reclamation of the site will result in two clay-lined water-storage reservoirs of
24
approximately 48 surface acres and 24 surface acres each. These reservoirs
may have berms partially built around their perimeters, and will utilize a water
pipeline to maintain water levels from a production well located in the current
permit area. Other, offsite sources of storage water may also be utilized to fill the
reservoirs.
Surface Water
The nearest major watercourse is Lone Tree Creek, which is generally a
perennial stream and flows near the northeast edge of the permit boundary in
Section 26. There will not be any discharge from de-watering the excavation
areas of the amendment site, due to the near-zero water content in the sand and
gravel deposit. During the course of mining, no surface runoff will leave the site,
but will be retained within the excavation to slowly dissipate down-gradient
between the shale base and the overlying alluvium interface to enter the
groundwater system.
Groundwater
Two alluvial wells are owned by the applicant and are located within the current
permit area and in the amendment area.
The well located in the northwest quarter of Section 26 on the current permit
area, is operated for gravel plant wash-water and will be maintained for use in
supplying the reservoirs with water via a pipeline as part of the reclamation plan.
The well and pipeline locations can be seen on both Exhibit C and Exhibit F. A
25
"change in use" application for this well will be processed through the State
Engineers Office for conversion of the current water right into a storage right.
The remaining well, located in the northeast corner of Section 27 of the
amendment area, will be abandoned and mined through during the operation.
The water right for this well will be converted, if appropriate, for use as a storage
right in the reservoir.
Consumptive Use of Water
Consumptive use of water will continue to be through dust suppression in the
• plant area, on the interior haul roads and access roads to Weld County Road 21
and 120, and through evaporative loss from stockpiles due to washing. This
consumptive use is currently permitted for the active operation and will not
increase due to the amendment area being mined. The applicant owns water
rights in Lone Tree Creek, for which they are approved to utilize those rights as a
consumptive use without the requirement of replacement water to the system.
The water from Lone Tree Creek is pumped from a permitted alluvial well located
in the northeast corner of the current permit area and transferred via pipeline to
the plant site. See Exhibit C. The approved withdrawal and consumption of the
Lone Tree Creek water right takes into account total annual production from the
mining areas and water consumption due to the losses described above, no
matter where mining is occurring in the area.
26
Water Rights
The applicant will utilize their permitted well, located in Section 26, which is
approved for the consumptive use of groundwater due to the losses described
above. The only exposed water surfaces are those of the wash- and water-
storage ponds located in the permitted plant area of Section 35. The water right
owned by the applicant from Lone Tree Creek, as described under Consumptive
Use of Water, takes into account and supplies all required water for the permitted
operation, including this proposed amendment area.
Temporary Substitute Supply Plan
A Temporary Substitute Supply Plan is not included with this permit amendment
submittal for the Carr Mining Resource, since the exposure of groundwater will
not occur on the amendment area, requiring replacement. Water consumption
due to mining and production of the mined material has already been accounted
for through the Lone Tree Creek water right, and will not change due to the
increased acreage of the amendment area.
Contained within this Exhibit, and following this narrative, is proof of ownership
for the well located in Section 27 that will be mined-through during the course of
mining.
27
EXHIBIT H —WILDLIFE INFORMATION
Wildlife data submitted in the original application for this approved permit (M-88-
048) still holds valid; no changes to the wildlife data from the original application
have occurred and are required due to the addition of the 110 acres being
considered in this amendment.
No threatened or endangered species are located on the amendment area, as
evidenced by the following letter from the Colorado Natural Heritage Program A
"potential mouse protection area" designated for the Preble's meadow jumping
mouse, follows along the riparian area of Lone Tree Creek. All mining activities
• taking place on the subject property will occur approximately 250 ft. away from
and approximately 20 vertical ft. above Lone Tree Creek in heavily grazed,
upland dry pastureland where no mouse habitat exists. Thus, no disturbance will
occur to the potential habitat of the Preble's meadow jumping mouse along Lone
Tree Creek.
28
Colorado Natw,. .lounge Program,254 Gataal Services Building-CSU,E .Collins,CO 80523 I
•l • 1 . A�Meru I The
t t ? 3 Nature
unl.�m• Conservancy
November I, 1999 - `
Katrina S. Forar
Banks and Gesso, LLC
720 Kipling Street, Suite 117
Lakewood, Colorado 80215
Dear Katrina:
The Colorado Natural Heritage Program(CNHP) is in receipt of your request for information
regarding the mine application for Andesite Rock Company. In response, CNHP has searched its
Biological and Conservation Datasystem(BCD) for natural heritage resources (occurrences of
significant natural communities and rare,threatened or endangered plants and animals)
documented from the eastern portion of Township 11 north, Range 67 west, Section 27, per your
request. CNHP does not compile information regarding cultural resources.
At this time,no documented rare or imperiled occurrences of plants or animals, including
Threatened and Endangered species,have been located in the area of interest. However,a
potential mouse protection area,legally designated for the federally threatened Preble's
meadow jumping mouse,does dip into the northeastern portion of Section 27, following Lone
Tree Creek. Please contact Peter Plage with the U. S.Fish and Wildlife Service at(303)275-2309
for more information regarding this potential mouse protection area.
The information contained herein represents the results of a search of Colorado Natural Heritage
Program's(CNHP)Biological and Conservation Data System(BCD). However,the absence of
data for a particular area,species or habitat does not necessarily mean that these natural heritage
resources do not occur on or adjacent to the project site, rather that our files do not currently
contain information to document their presence.
The information provided can be used as a flag to anticipate possible impacts or to identify areas
of interest. If impacts to wildlife habitat are possible,these data should not be considered a
substitute for on-the-ground biological surveys.
Although every attempt is made to provide the most current and precise information possible,
please be aware that some of our sources provide a higher level of accuracy than others,and some
interpretation may be required. CNHP's data system is constantly updated and revised. Please
contact CNHP for an update or assistance with interpretation of this natural heritage information
Colorado Natu,_.._tentage Program,254 General Services Building—CSU,F,,..Collins,CO 80523
Sincerely,
Laine Johnson
Acting Environmental Review Coordinator
EXHIBIT J —VEGETATION INFORMATION
Vegetation data submitted in the original application for this approved permit (M-
88-048) still holds valid; no changes to the vegetation data from the original
application have occurred and are required due to the addition of the 110 acres
being considered in this amendment.
This site lies within the northern part of the Colorado Piedmont. The vegetation
on the amendment area is not cultivated and is mainly grasses and forbs, used
for dryland pasture with no irrigation. It has been heavily grazed. Along Lone
Tree Creek are isolated stands of woody vegetation, including cottonwood trees
and low shrubs. The proposed amendment area for mining will not approach
Lone Tree Creek, but will only remove the overgrazed pastureland during the
course of mining.
30
EXHIBIT K— CLIMATE
Climate data submitted in the original application for this approved permit (M-88-
048) still holds valid; no changes to the climate data from the original application
have occurred and are required due to the addition of the 110 acres being
considered in this amendment.
31
EXHIBIT L - RECLAMATION COSTS
An estimate of the reclamation costs for the proposed permit area amendment is
provided in the Reclamation Cost Estimate, Table L, below. There is no cost estimate
shown for any removal of the plant site equipment, as the cost is not associated with
this amendment.
TABLE L
RECLAMATION COST ESTIMATE
FOR AMENDMENT TO M-88-048
CARR GRAVEL RESOURCE
ITEM QUANTITY UNIT PRICE COST
Backfill Clay Liner (shale & O.B.) 44,850 cu.yds. $0.75/cy $33,637.00
Reservoir Berms (shale & O.B.) 19,600 cu.yds. $0.50/cy $ 9,800.00
Reservoirs Dike (shale & O.B.) 33,075 cu.yds. $0.50/cy $16,538.00
Pumphouse Platform (shale & O.B) 2,823 cu.yds. $0.50/cy $ 1,411.00
Topsoil Application (11 ac, 8 in.) 13,300 cu.yds. $0.40/cy $ 5,320.00
Final Grading/Contouring 11 acres $200/Acre $ 2,200.00
Grass seeding/fertilizing 11 acres $200/Acre $ 2,200.00
TOTAL COST $71,105.00
(Note: see Exhibit D-Mining Plan and Exhibit E-Reclamation Plan for explanation of where and how
construction of each item is to be accomplished. The Exhibits also describe the available materials
onsite for construction reclamation.)
32
EXHIBIT M - OTHER PERMITS AND LICENSES
Additional amendments to currently held permits or approvals that will be
required for this amendment to be implemented are as follows:
County Approval:
A Use by Special Review (USR-840) was obtained for the originally permitted
1302 acres of permit No. M-88-048 through Weld County, Colorado, in 1988. An
amendment to include the 110 acres of this CDMG amendment area is being
filed with Weld County to include it in an amended Use by Special Review No.
840. This amendment will include the approval for use of a secondary access
road and entrance from the amendment area to Weld County Rd. 126.
•
Cultural Resources:
There are no reported cultural resources listed on the State Register of Historic
Places within the amendment area. This fact is stated in a letter from the
Colorado Historical Society contained within this Exhibit.
Significant historical or archaeological sites that are encountered during mining
shall be studied and preserved and/or recorded, if deemed warranted by the
Colorado Historical Society, Office of Archaeology and Historic Preservation.
This Office will be notified if any apparent significant cultural resources that are
encountered during any land-disturbing activities.
33
NPDES State Discharge Permit/Stormwater Permit:
These permits are combined into one permit which was issued for the previously
permitted 1302 acres under CDMG Permit No. M-88-048. Although there will be
no discharge of stormwater or mine discharge due to mining activities on this
amendment area, the permit will be amended to include the additional 110 acres.
Air Permits:
The site Fugitive Dust Permit will be amended to include the additional 110 acres
of the amendment area. As there will be no additional mining or plant site
equipment required due to this amendment, no individual equipment permits will
be required.
Well Permit:
No well permit will be required for the proposed amendment area of this
application, as no groundwater will be exposed that would require a Substitute
Supply Plan to make up for evaporative losses due to mining. The current
alluvial well approved and operated for this operation will not need to be
amended to encompass the acreage of this amendment, as the water right
already takes into account all production water requirements for the plant
operation. The mining of this amendment area will not increase the consumptive
use of water for this operation.
34
State Engineer's Approval and Permit:
The Colorado State Engineer will require engineered drawings, calculations and
design criteria, resulting in approval and a permit allowing for the reclaimed
water-storage reservoirs.
35
1 Ott )
IP
COIDRADO
HISTORICAL
SOCIETY
The Colorado History Museum 1300 Broadway Denver,Colorado 80203-2137
November 19 , 1999
Ross Bjerke
Land Planner
Banks & Gesso
720 Kipling, Suite 117
Lakewood, CO 80215
Re : L.G. Everist Pit - Sec 27, T11N, R67W
Dear Mr. Bjerke :
This is to acknowledge receipt of your November 19, 1999
correspondence concerning the above proposed gravel pit .
A search of the Colorado Cultural Resource Inventory indicated
that there are no cultural resources listed on the State Register
of Historic Places within the project area.
Should human remains be discovered during mining activities the
requirements under State law CRS 24 . 80 part 13 must be followed .
Thank you for the opportunity to comment . If we may be of further
assistance, please contact Jim Green at (303) 866-4674 .
Sincerely,
_24,-/oadAdt,..:
/_-- Georgianna Contiguglia
off" President
GC/WJG
COLORADO HISTORICAL SOCIETY
Office of Archaeology and Historic Preservation
1300 Broadway Denver, Colorado 80203
Katrina S. Forar
Banks and Gesso, LLC
720 Kipling, Suite 117
Lakewood, Co 80215
11/03/1999
At your request, the Office of Archaeology and Historic Preservation has conducted a search of the Coloradc
Inventory of Cultural Resources for the following locations:
PM TWNSHP RANGE SECTIONS:
6TH 11N 67W 27
1 site(s) were located in the designated area(s) .
Results of the search are summarized in the attached report.
If information on sites in the project area was found, detailed information follows the summary. If no sr'.e3 '.1
districts were found, but surveys are known to have been conducted in the project area, survey information
follows the summary. We do not have complete information on surveys conducted in Colorado, and our site f les
cannot be considered complete because most of the state has not been surveyed for cultural resources. Th,sa is
the possibility that as yet unidentified cultural resources exist within the proposed impact area.
Therefore, in the event there is Federal or State involvement, we recommend that a professional survey be
conducted to identify any cultural resources in the project area which are eligible to be listed in the National
Register of Historic Places. We look forward to consulting with you regarding the effect of the proposed project
on any eligible cultural resource in accordance with the Advisory Council on Historic Preservation Procedures
and the Preservation and Protection of Historic and Cultural Resources (36 CFR 800) . Please provide this office
with the results of the cultural resource survey for our review of professional adequacy and compliance with
regulations.
If you nave any questions, please contact the Office of Archaeology and Historic Preservation at (303) Be, -)3S
or 3392.
Thank you for your interest in Colorado's cultural heritage.
Susan M. Collins*
Deputy State Historic Preservation Officer for Archaeology
* Information regarding significant archeological resources is excluded from the Freedom of Information Act.
Therefore, legal locations of these resources must not be included in documents for public distribution.
EXHIBIT N - SOURCE OF LEGAL RIGHT-TO-ENTER
AFFIDAVIT
SOURCE OF LEGAL RIGHT-TO-ENTER
The landowner, Andesite Rock Company, has the legal right to enter the property
located within the East ''% of the East% of Section 27, Township 11 North, Range
67 West, 6th P.M., in the town of Carr, County of Weld, Colorado, to conduct
sand and gravel extraction.
Andesite Rock Company certifies that it is the owner of the property described
above and that Andesite Rock Company is the designated operator.
/
Ric verist, Vice President
NOTARY
State of Colorado
County of Adams
The foregoing was acknowledged before me on this Hi day of rz. <,1�, 2000.
My commission expires: 12124/01
Notary Public _ :� y�,AV � .140: \
c/
.
t KATHY JAMES
'a,
EXHIBIT P- MUNICIPALITIES WITHIN 2 MILES
The only municipality located within two miles of the subject amendment property
is the Town of Carr.
38
EXHIBIT Q- PROOF OF MAILING OF NOTICES TO COUNTY
COMMISSIONERS AND SOIL CONSERVATION DISTRICT
Proof of mailing of the Notices to the Weld County Commissioners and the Weld
County Soil Conservation District are found by copies of Return Receipt Certified
receipts on the following Notices.
39
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR(112)CONSTRUCTION MATERIALS EXTRACTION OPERATION
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
Weld COUNTY
Andesite Rock Company (the"Applicant/Operator")has applied for a Regular(112)reclamation permit
from the Colorado Mined Land Reclamation Board(the"Board")to conduct the extraction of construction materials operations
in_ Weld County. The attached information is being provided to notify you of the location and nature
of the proposed operation. The entire application is on file with the Division of Minerals and Geology(the"Division")and the
local county clerk or recorder.
The applicant/operator proposes to reclaim the affected land to water‘-atoraae ree.e voixa use. Pursuant to
Section 34-32.5-116(4)(m),C.R.S.,the Board may confer with the local Board of County Commissioners before approving of
the post-mining land use. Accordingly,the Board would appreciate your comments on the proposed operation. Please note that,
in order to preserve your right to a hearing before the Board on this application,you must submit written comments on the
application within twenty(20)days of the date of last publication of notice pursuant to Section 34-32.5-112(10),C.R.S.
If you would like to discuss the proposed post-mining land use,or any other issue regarding this application,please contact the
Division of Minerals and Geology, 1313 Sherman Street,Room 215,Denver,Colorado 80203,(303)866-3567.
•
NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of a
change to a previously filed application you must either attach a copy of the changes,or attach a complete and accurate description
of the change.
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EXHIBIT R — PROOF OF FILING WITH COUNTY CLERK AND RECORDER
The proof of filing the application for public review with the Weld County Clerk to
the Board is shown by the following Affidavit.
40
AFFIDAVIT
This will acknowledge receipt of the Mined Land Reclamation Board Application
for an amendment to a Construction Materials112 Regular Permit for the Carr
Resource Gravel Mine (M-88-048).
This document is on file in the office of the Weld County Clerk to the Board, 915
10th Street, Third Floor, Greeley, Colorado, 80631 for public inspection beginning
on February 29, 2000.
Dated this day of February 29, 2000.
(County Seal) —
Weld County Clerk to the Board
EXHIBIT S - PERMANENT MAN-MADE STRUCTURES
Permanent, man-made structures located within 200 Ft. of the affected land fcr
this amendment area are be shown on Exhibit C, the Pre-Mining and Mining Plan
Map.
Permanent, man-made structures within 200 ft. of the affected land are not
apparent. Permanent man-made structures on the affected land include three
buildings used for the current farming operation, and an alluvial well, all located
in the west 1/2 of the property in Section 27. The Union Pacific Railroad tracks
are 200 ft. away from the edge of the proposed amended permit boundary and
are 250 ft. from the limit of mining. Weld County Road 126 is located within the
proposed amendment boundary (by permanent easement) and is located
approximately 240 ft. away from, and across, a significant tributary gully to Lone
Tree Creek and the northern limits of major disturbance (mining) within the
amendment area.
There will no apparent need for signed and notarized agreements with any owner
of permanent or significant man-made structures within 200 ft. of the affected
area for this proposed amendment to M-88-048, as there do not appear to be any
structures of this description.
42
APPPENDIX
Proof of Posting Property
Following the Certification of Sign Posting, is a copy of the text for the sign
posted at the entrance to the Carr Gravel Resource operation.
Certification:
l 7 FA T 1 At c—zp , the authorized representative of Andesite
Rock Company, do hereby certify that I posted a sign containing the following
Notice for the proposed CDMG Construction Materials Extraction Operation
known as the Carr Gravel Resource (Amendment), on February 28, 2000.
Signature Date
NOTICE
CARR GRAVEL RESOURCE
This site is the location of a proposed construction
materials operation. Andesite Rock Company, whose
address and phone number is 7321 E. 88th Ave.,
Suite 200, Henderson, Colorado 80640, (303) 287-
4656, has applied for a Reclamation Permit with the
Colorado Mined Land Reclamation Board. Anyone
wishing to comment on the application may view the
application at the Weld County Clerk to the Boards
Office, 915 10th Street, Third Floor, Greeley,
Colorado, 80631, and should send comments prior to
the end of the public comment period to the Division
of Minerals and Geology, 1313 Sherman Street -
Room 215, Denver, Colorado 80203.
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