HomeMy WebLinkAbout20000569 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
c ('
Application Fee I7� SS Receipt Number C) Case Number '- 5R L '�
Recording Fee Receipt Number Zoning District
Application Checked By: eft Planner Assigned to Case
To be completed by APPLICANT is accordance with procedural guide requirements:
1. I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission concerning
a proposed sand and gravel (gravel, coal, borrow pit, etc.) mining operation for the following described
unincorporated area of Weld County:
LEGAL DESCRIPTION: S 1/2, NW 1/4, Sec. 30, T2N,R66W
PARCEL NUMBER: 1 3 0 9 3 0 0 0 0 0 0 4 (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.
Name: L.G. Everist, Inc. Address:Henderson, CO Phone: (303) 287-4656
Name:_ Address: 80640 Phone:
3. Owner(s) of mineral rights or substance to be mined
7321 E. 88th Ave.
Name: L.G. Everist, Inc. Address: Henderson, CO Phone: (303) 287-4656
Name: Address: - 80640 Phone:
4. Source of applicant's legal right to enter and to mine on the land described:
Warranty Deed (enclosed)
(Include certified copy of any document(s) noted
5. Applicant's address: 7321 E. 88th Ave. , Suite 200 Phone: (303) 287-4656
Address: Henderson, Colorado 80640 Phone:
6. Identify any prior permits for mining held by applicant or affiliated person:
USR No. 840
7. Description of Operation
A. Types and number of operating and processing equipment to be used 1 trackhoe, 2 to 3
front-end loaders. 1 dozer, and 1 to 3 scrapers. 1 crusher, 2 screens,
several ctarkprs and ronvevors. and other ancillary equipment as needed;
one each: portable asphalt and concrete batch plants.
B. Maximum number of employees: 11 , and number of shifts: 2
11
Mari
2000-0569
C. Number of stages to be worked: 6 , and periods of time each is to be worked 1 .5 to 4 years
each for a total of 13 years
D. Thickness of mineral deposit 33 f t. avg. feet, and thickness of the overburden: 3 f t.
E. This will be a wet/dry pit operation. Dry
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) Access will be onto County Rd. 18
approximately .6 mile west of the intersection of County Rd. lb and U.S.
Highway 85 utilizing a county bridge over the South Platte River 1 ,000 ft. to east.
. 8. Description of reclamation
A. Proposed reclamation land use(s): Water storage reservoir and wildlife habitat.
B. Source of technical advise for reclamation: Banks and Gesso
C. Explanation of Reclamation Process: Reclamation of the : ir;ieq side slopes and perimeter
will take place concurrently and sequentially with mining as described in the
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.
Signs re: Owner Authorized Agent
•
12
02/14/00 00:28 FAX 3032744277 BANKS AND GESSO [0]01
720 Kipling Street, Suite 117
Lakewood, CO 80215 Banks 8. Gesso LLC
Phone: (303)2744277 '
Far (303)274.8329
banksandgesso.com
Fax
To: Shed L,odoneeyllM Idea nIpPWfl Dept Front Rob taint di
Fax: 970 304 498 Pages: 3
Phone Dabs: 2/14400
Re: Continents on Staff Report, USR-1255 CC:
Sheri:
I have received a copy of your Administrative Review (staff comments) for the
referenced Use by Special Review application both by regular mail and by fax. I
have also received the faxed copy of a memorandum from Don Carroll, Engineering
Administrator, Public Works Dept, written February 8, 2000 as response to the
referral sent on December 29, 1999.
Again, thank you for your timely preparation and delivery of the Administrative
Review, so that we may comment on it and prepare for the hearing on February 15.
We are also appreciative of the staffs recommendation of conditional approval fix
this application.
We have the following comments to make regarding the Administrative Review and
the memorandum from the Public Works Dept They are numbered in the order
presented under "conditions'. Unless we have made comment on a particular
condition, we are in agreement with the remaining conditions and with all the
Development Standards to be placed on the Final Plat
2.A. We are unsure of what will be meant by a landscaping plan to be submitted and
approved by the Planning Dept prior to recording the Plat We have submitted
a berm design and commitment for tree planting of the berm in the northwest
corner of the property already. The berm will be planted with the rapidly
growing "temporary cover grass-seed mixture as specified by the reclamation
plan contained in the CDMG permit application to protect the berm from
erosion. This planting will be followed in two years with the permanent grass
02/14/00 09:28 FAX 3032744277 BANKS AND GESSO 02
February 14, 2000
seed mixture, as this berm is to be built and maintained for the life of the
operation. This berm is being placed at the request of the neighbors to the
north, as the plant site will be located 30 ft below grade, but on the west side of
the Lupton Bottom Ditch for the life of the operation.
The applicant will commit to constructing a 600 ft. long berm, to be located in
the northeast corner of the site east of the Lupton Bottom Ditch and a 200 ft.
long berm to be located in the southeast corner of the site. Both berms will be
maintained only for the period that those areas/phases are being mined, No
trees will be planted at these locations. The berms will be constructed as
descnbed above and as shown on the submitted detail, as well as specified in
the your condition to allow for the passage of flood waters. The topsoil material
stored within the berms must be utilized with excavated shale from the base of
the deposit to backfill the near-vertically mined pit slopes in these areas, as part
of the reclamation plan to create the undulating shorelines.
The only vegetation of any significance currently on the site consists of
approximately five cottonwood or willow trees at the farmhouse in the northeast
comer. These trees will be removed along with the buildings prior to mining this
area. The site is approximately % mile south of County Rd, 18 and cannot be
seen by the general public from any publicly traveled location. The site will be
reclaimed to a water-storage reservoir and will not be associated with any sort
of residential or commercial development We are unsure of what is meant by a
"landscaping plan" and what that plan would entail beyond what we have
already committed to in the reclamation plan of the CDMG application.
2.B. The applicant has already committed to creating an undulating shoreline by
backfilling the near-vertically mined slopes with a mixture of stripped topsoil and
shale from the base of the deposit This activity, combined with the "causeway"
being rebuilt to convey flows of the Lupton Bottom Ditch and the "peninsulas"
that will remain to provide support and access to the oil wells, will create a
naturally appearing lake shoreline. The reclaimed use is for a water-storage
reservoir, there will be no residential, commercial, or recreational development
surrounding the reservoir. The site and surrounding area is located within the
100-year floodplain. Any further increase of backflll to create larger shorelines
other than that proposed and shown on the CDMG Reclamation Plan Map, will
decrease the amount of water storage that the reservoir could hold and would
defeat the purpose of the final reclamation.
2.E. An agreement with Duke Energy Field Services has been completed for the
possible relocation of their pipelines and submitted to you. An agreement with
Top Operating Co. (the operators of the oil wells) will be completed and
submitted to the Planning Dept prior to the Final Plat.
• Page 2
02'14/00 09:28 FAX 3032744277 BANKS AND GESSO V]03
February 14,2000
2.1. The creation of water-storage reservoirs will not affect flooding in the area during
flood stage on the South Platte River. The nearest location of excavation to the
river is 200 ft. away and the river is not eroding into its outside bank at this
location. Flooding at this location on the South Platte River would usually be the
result of tributary rivers and steams entering the Platte, such as Boulder Creek
and the St. Vrain River, and flooding would be a slow gradual rise of the river.
The FEMA floodplain map for this reach of the South Platte River delineates a
flood depth of only one ft over the area of this application, as noted in the Flood
Hazard Development Permit application submitted to the Planning Dept. and
being reviewed by the Public Works Dept
The Urban Drainage and Flood Control District's boundaries do not extend north
of Brighton in Adams County and they are not a referral agency for this
application to the County or the State. The applicant may possibly be required to
address this issue with the CDMG for the State reclamation permit. If there is an
issue that must be resolved with the State application, we will forward the results
of that decision to your department along with a copy of the final permit.
To comment on the memo from the Public Works Dept. requiring a traffic study, the
applicant understands the potential traffic impacts that may occur as the result of
approval of this Use by Special Review and will agree to perform the study and
address the issues raised in the memorandum from Don Carroll. However, we are
requesting that the Planning Commission move forward with the hearing process and
forward a recommendation, in a timely fashion, to the County Commissioners making
the results of the traffic study and negotiations with the Public Works Dept a
condition to be completed prior to County Commissioner approval or recording of the
Final Plat. Please try to work something out with Don Carroll if you are able to.
If you have any questions or concerns with this fax/memo please contact me as soon
as possible.
Thank you for your attention to our responses to your Administrative Review of USR-
1255, the Ft Lupton Sand and Gravel Mine, and we will see you at 1.30 PM on
Tuesday, February 15.
• Page 3
02/07/00 17:09 FAX 3032744277 BANKS AND GESSO 001
720 Kipling Street, Suite 117
Lakewood, CO 80215 Banks & Gesso, LLC
Phone: (303)274-4277
Fax: (303)274-8329
banksandgesso.com
Fax
To: Shsi WahlFrom:
��i CaatlyP�g Rob Laird
Fax: 970 304 6496 Pages: 3
Phone: DM,: 217/00
Re: Ft. Lupton Mhse,App.No. 1181>F1255 CC:
Sheri:
Per our phone conversation of earlier today, please see copies of following two
documents.
These letters verify that both Duke Energy Field Services and the Lupton Bottoms
Ditch Company are in agreement with the proposed mine and reclamation plan for
the referenced USR application and that they understand that L.G. Everist, Inc. will
ensure that the integrity of their facilities will not be compromised.
With regard to your potential recommended condition of approval that a berm be
placed on the north east-west line of the project site and east of the Lupton Bottom
Ditch, we are not convinced that there is a need for this feature, as the owner of the
property that borders this area is fully aware of the mine plan and has not expressed
an interest in the creation of a berm. The mining will occur approximately 30 ft. below
the current grade of the land and will have little negative impact with regard to noise
or visual impacts.
Please incorporate the portions of this correspondence into your staff comments and
recommended conditions of approval where necessary.
Thank you again for allowing us to attempt to answer your concerns prior to
development of the staff comments and PC hearing on February 7, 2000. This
communication should help the process go more smoothly.
Please call if you have any further questions or concerns.
02/07/00 17:09 FAX 3032744277 BANKS AND GESSO [J02
L.G. EVERIST, INC, • CORPORATE OFFICE
700 S.PHILLIPS AVE.•SONE 200
' 1 PA.901r 5878
1;1 E(05404•5000
P 671175eas
MOUNTAIN DIVISION
cas cooacs/u�
December17, 1999 rArr9osaeAl7w
Lew Hagenlock
Duke Energy Field Services, Inc,
1324 North 7"'Avenue
Greeley, CO 80631
Dear Lew.
As you know, L.G. Everist, Inc., is planning to mine our"Ft Lupton"property, which is located
south of County Road 18 and west of Highway 85. The legal address of the property Is S 34,
NW %, Section 30, Township 2N, Range 66 West.
Duke Energy owns and operates a pipeline, which traverses the north-west section of the
above-mentioned property. L.G. Everfst's current mining plan indicates that we will not mine
that area until Phase 5, which is 9-11 years into the mining plan. In the meantime, the route of
the pipeline will be marked with flags, to alert anyone crossing the section, A minimum of 36"
ground/soil cover will be maintained over the pipeline.
If Duke Energy's pipeline Is still operating when we are ready to mine Phase 5. we are
proposing relocation of the pipeline prior to mining that section. The pipeline would need to be
relocated from the middle of the northwest section of our property to instead follow the western
perimeter(along maintenance roads for easy access). At that time. Duke Energy would arrange
with a third party for the pipeline relocation. L.G. Everist would incur the costs of the relocation_
If. at any time, Duke Energy's pipeline is no longer operational,they will abandon the pipeline,
and Inform L.G. Everist of the abandonment. L.G. Everist would then be able to mine the north-
west section without relocating the pipeline.
We hope that our plan'is agreeable to Duke Eneiigy_ Please acknowledge your understanding
and acceptance of our proposal by countersigning below and returning a signed copy to me.
Thank you. If you have any questions, please feel free to call me_
Sin rely. __
y�yntt E,"Ma r L
•
Regulatory ompflanee --
cc: R.A. Everest
f Acknowledged by: %ew Hagenlo Date
Duke Energy Field Services, Inc,
LM/F4tlukc.,21599
02/07/00 17:09 FAX 3032744277 BANKS AND GESSO QJ03
L��a.���er n IMININT
0
POOaI
Fan Logic
Pate 970-715-0141
]emery 24,2000
Rick Evens
L.Q.Evorist,inc.
T321 Ii 88th Avenue, Suite 200
Henderson,Colorado 80640
RE;Conceptual lelowtion ear Lupton Batton Ditch
Dear Rick,
As we' tsarmed on the phone January 17,2000 the Hoard°Msea=for the Lupine Houma Ditch
Company did=thud=me to draft this letter for you at the Bard meek of Janaasy 15,2000.
The Company is pleased with the negotiations we have made to date.While it is dear to both prda that
there are gift some/teats to be wnrknd though,the Aatmmt Board feels that these problems are resolvable and the
process will mavc*award.
The Bard would like it made perfectly dear that while we agree in principal to a paver operation
ad)acara to our climb that tarp agreement tasted into will protect the ditch and its operation. The elmrcboldcrs
riat to an nninhihhed use of their water is our atfimate toucan_
We mandate that your company is concerned with our needs end seems to be willing to try and work
with a on fulfilling those mete We hope hogs wort well for the Everiat Company and that we will have a
long aid amiable relationship leather.
Should you have any 9oians Sod fine to comics me at the above mortar.Thank ynr kin your attention
rase'thy this t.
Sincerely,Hawed (Corky) Cantrell,
Secretary,Lupton Bottoms Ott
1.45103)
u '
•
11'7
M. Banks and Gesso, LLC 720 Kipling St.,Suite117
■■ Lakewood, Colorado 80215
, did Coon ty planning DeN`' (303) 274-4277
Fax (303) 274-8329
EB 04
200° www.banksandgesso.com
February 3, 2000 RECEIVED
Ms. Sheri Lockman, Planne V
Weld County Dept. of Planning Services
1555 N. 17th Avenue
Greeley, Colorado 80631
RE: USR-1255 Special Use Application, Ft. Lupton Sand and Gravel Mine, L.G.
Everist, Inc.
Dear Sheri:
This letter is in answer to your concerns and as further explanation to your questions as
raised in our phone conversation on February 1, 2000 with regard to the referenced
application. Thank you for discussing these issues prior to your completing the staff
comments for the February 16, 2000 Weld County Planning Commission hearing on this
case. We appreciate the timeliness of your initial review of the application, so that we
may be able to "head off" any misunderstandings prior to the public hearing. By design,
this methodology should help make the hearing go as smoothly as possible.
Below are answers and explanation to your concerns, and hopefully, I am including all
that you have been raised so far and in the order presented. Attachments are included
where necessary.
1.) The wetland study performed by Savage and Savage and submitted as part of
Exhibit H-Wildlife Information for the DMG application, also addresses both the
potential for Preble's Meadow Jumping Mouse habitat and Ute Ladies-tresses Orchid
habitat. Because disturbance of the site includes mining within 300 feet of the
Lupton Bottom Ditch and within the 100-year floodplain of the South Platte River, a
disqualification letter was sent to the USFWS. This letter was sent to ensure that
they were in agreement with two site visits that clearly showed that mouse habitat
was extremely unlikely to exist on this site. The original site visit and report also
determined that there was no potential orchid habitat within the proposed mining site.
Savage and Savage are qualified to make this determination without any further
need for a follow-up site visit or disqualification request to the USFWS as per Federal
guidelines.
2.) Please see the most recent correspondence attached to this letter between Top
Operating Company and L.G. Everist, Inc. This letter outlines the parameters that
the oil production company will require as part of their agreement to let the applicant
mine near their production wells, tanks, and to remove and replace the pipelines, as
well as access requirements. The Extraction Plan Map, as part of the County
application, will be revised to show the increase in setback area around the
production wells. The applicant is working to complete this agreement and has no
issue with the requests of Top Operating Company. Should the wells and ancillary
facilities still be in operation at the time that mining would disturb those structures,
L.G. Everist, Inc. will comply with the requirements of Top Operating Company to
ensure the integrity of their structures and operation.
3.) Please see a copy of the attached drawing giving details of the berm to be placed in
the northwest corner of the mining area designed to completely negate any offsite
negative visual or noise impacts to the north. This berm design and location was
created at the request of the neighbors owning the properties north of this location,
after meeting with them in October and incorporating their suggestions into the
design. The mining method also incorporates dry mining with front-end loaders an
average of 30 feet below the present grade of the site that will naturally negate most
of the noise generated and all of the visual impacts. Likewise, the plant site will also
be located below grade.
4.) We have consulted with Don Carroll of the Weld Public Works Dept. on the proposed
relocation of the access road for this project to connect the site to County Rd. 18 and
he is in initial agreement that the location will provide a safe access to the site. I am
sure that he will be providing you with a proper referral response to this issue prior to
the hearing on the 16'".
5.) Thank you for copies of the referral letters that you have received so far for this
application. The only referral letters that have any recommended conditions for
inclusion as part of the approval for this application come from Weld County
Environmental Health Services and the Department of Building Inspection. The
applicant is in agreement with the recommended conditions suggested in these two
referral letters.
6.) The applicant was present and available to answer any questions when the City of
Fort Lupton Planning Commission heard the explanation of the application referral on
January 11, 2000. The proposed mining site is located partially inside their Urban
Growth Planning Area. The Planning Commission had no concerns regarding the
proposed activities and spoke with the applicant about the project.
I hope that the foregoing helps answer the questions and concerns that you expressed
to me on February 1, 2000. Please keep me informed of any further issues that may
arise on this application and continue to copy me on any other referral letters that you
receive.
Please call me with any questions or concerns regarding this correspondence.
Sincerely,
_7, tr.
= \
Robert B. Laird
Mining Geologist
cc: File
L.G. Everist, Inc.
attachments
I_ IL/ vpei aung t..0
7500 W Miuiuippi nvgoue Suite B-3
Lakewood CO R0]26.4s41
303-727-991i!
December 23, 1999
Ms. Lynn E. Mayer
L.G. Everist, Inc.
Regulatory Compliance
7321 East 88'° Avenue Suite 200
Henderson, CO 80640
RE: Di-Ta #1 & #2 wells in T2N, R66W, 6's P.M.;-Sec. 30:_ 12 aW„G;,.\Veld.County CO -
Dear Ms. Mayer:
Thank you for your letter of to me of December 8, 1999 regarding the captioned. TOP Operating
Co. (TOP) requires a 150-foot radius around its wells. TOP's pipelines must be buried three to
four feet below the ground surface. And all roads leading into TOP's well sites must be built to a
width of 25 feet and maintained by your company(including, hut not limited to, the periodic
spreading of adequate road base and periodic leveling). The well sites themselves must be
similarly covered with road base.
Sincerely,
TOP Operating Co.
1 F\L\,),ur y._ Herrin (1-sggt
Vice esident
RKH/hs
LUPTON BOTTOM DITCH
III 1-NW CORNERS 1/2 NW \ \
1/4 SECTION 30 \
� \\
II
VISUAL BERM \\
d C
I 1 (LIFE OF MINE) \
°U—OU
N.
..AI c I % -
III MINING LIMIT Q
I SCALE: 1"=200 FT. 11 c \
�1
6FT.
I
N 7
Nt'' 6 FT. .7
1 27' -
CROSS -SECTION A-A'
SCALE: V=4 FT.
NOTES:
-THE VISUAL BERM WILL REMAIN FOR THE -THE BERM WILL BE CONSTRUCTED OF
LIFE OF THE MINING OPERATION AND WILL TOPSOIL AND WILL BE REVEGETATED WITH
BE APPROX. 1500 FT. LONG AND PLACED A NATIVE GRASS SEED MIXTURE AS
BETWEEN THE LUPTON BOTTOM DITCH AND SPECIFIED BY THE LOCAL SOIL CONSERVATION
L.G. EVERIST,INC. ! VISUAL BERM THE WEST PROPERTY BOUNDARY. SERVICE.
DESIGN I -THE BERM WILL BE 6 FT. HIGH AND - 1 1/2"CALIPER COTTONWOOD TREES WILL BE
I FT.LUPTON SAND& I CONSTRUCTED AS SHOWN. PLANTED ON THE NORTH SIDE OF THE BERM
GRAVEL MINE AND SPACED EVERY 30 FT. FOR THE ENTIRE
DATE. a scr�:Aearavm LENGTH OF THE BERM.
ME Banks and Gesso, LLC 720 Kipling St.,Suite117
■■ Lakewood, Colorado 80215
(303) 274-4277
Fax (303) 274-8329
www.banksandgesso.corri
December 22, 1999 2\
Weld County Department of Planning Services L `
Administrative Offices
1400 N. 17th Ave.
Greeley, Colorado 80631
RE: Weld County Use By Special Review (Mining Operation) Permit Application, Ft.
Lupton Sand and Gravel Mine, L.G. Everist, Inc.
Weld County Dept. of Planning Services:
On behalf of our client L.G. Everist, Inc., enclosed is one signed original and twenty-four
copies of the complete referenced application. Also, a check in the amount of $1455.00
is included as the processing fee for the application.
The referenced application is being submitted in conjunction with a county Flood Hazard
Development Permit application submitted under separate cover for the same property.
The Use By Special Review (Mining Operation) application contains a complete copy of
a state of Colorado Division of Minerals and Geology (CDMG) Regular "112" permit
application for mining, as is required by the Weld County Zoning Ordinance.
If you have any questions or concerns on the completeness of the application, please
contact me. We will contact you shortly to set up a meeting to discuss the contents of
the submittal and any concerns the Department may have.
Thank you in advance for your attention to this matter.
Sincerely,,
Robert B. Laird
enclosures
cc: File
L.G. Everist, Inc.
APPLICATION FOR A
USE BY SPECIAL REVIEW (MINING)
For the
FORT LUPTON SAND AND GRAVEL MINE
WELD COUNTY, COLORADO
APPLICANT:
L.G. EVERIST, INC.
7321 East 881H Avenue, Suite 200
Henderson, Colorado 80640
December 1999
n Banks and Gesso
720 Kipling St., Suite 117
Lakewood, Colorado 80215
(303)274-4277
Fax(303) 274-8329
www.banksandgesso.com
APPLICATION INDEX
Page
INTRODUCTION: 1
SPECIFIC WELD COUNTY REQUIREMENTS: 2
1 — Requirement 44.1 — Application Form 2
2 — Requirement 44.2 — Drawings 3
44.2.1 —Vicinity Map 3
44.2.2 — Extraction Plan Map 3
3 — Requirement 44.3 — Supporting Documents 4
44.3.1 — Colorado Mined Land Reclamation Board Submittal 4
44.3.2 — Plans for Obtaining Water Supplies 4
44.3.3 — Cross-Section of Drainage Structures 5
44.3.4 — Profile and Typical Cross-Section of Haul Roads 5
4 - Requirement 44.4 —Operating Policies 5
5 - Requirement 44.5 — Reclamation Policies 11
6 — Other Weld County Requirements 12
6.1 Detailed Description of the Method of Mining Operation 12
6.2 Certified List of Property Owners Within 500 Feet 12
6.3 Certified List of Mineral Owners and Lessees 12
6.4 Statement of Consistency with Weld County 13
Comprehensive Plan
6.5 Statement of Consistency with the Intent of the 13
Zone District
6.6 Statement of Adequate Provisions to Protect the 13
Health, Safety, and Welfare
6.7 Statement of Compatibility with Existing Uses 14
6.8 Statement of Compatibility with Future Uses 14
6.9 Statement Concerning Floodplain, Geologic Hazards, and
the Airport Overlay District; Compliance with Section 50. 14
6.10 Proof of Water 15
6.11 Copy of Legal Instrument Identifying Applicant's 15
Interest in the Property
6.12 Special Review Use Questionnaire 15
6.13 Weld County Road Access Information Sheet 15
APPLICATION INDEX
(Continued)
Attachments: Page
"A" Entrance Road Cross Section 17
"B" Property Owners within 500 feet 18
"C" Mineral Owners and Lessees 19
"D" Water Ownership 20
"E" Applicants Interest in the Property 21
"F" Special Use Questionnaire 22
"G" Road Access Information Sheet 23
"H" Agreement - Lupton Bottom Ditch Company 24
Note: Soils Report is included in the Colorado Mined Land Reclamation Board
112 Application, Exhibit I, attached.
ii
Banks and Gesso, LLC
FT. LUPTON SAND AND GRAVEL MINE
INTRODUCTION:
This application for a Use by Special Review (Mining) for the Ft. Lupton Sand
and Gravel Mine has been prepared and submitted under the provisions of the
Weld County Zoning Ordinance.
The subject property consists of approximately 85 acres and is located in the
Northwest '/, of Section 30, Township 2 North, Range 66 West of the 6th P.M., in
Weld County, Colorado (See the Vicinity Map in Section 44.2.1). The property is
approximately one-quarter mile south of Weld County Road 18, and the South
Platte River is situated approximately one-quarter mile to the east.
Existing zoning and use of the subject property and surrounding properties is
agricultural.
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. Asphalt and
concrete production on the site is also being proposed. The project will last
approximately at least 13 years and perhaps as long as 17 years. The time frame
is highly dependent due to market conditions.
After completed reclamation, the end use of the property will be for a water-
storage reservoir with wildlife habitat. Reclamation will be sequential and
concurrent with mining operations.
The remainder of this application package discusses the proposal in detail and
addresses all of the requirements of the Zoning Ordinance.
Ft.Lupton Sand and Gravel Mine.WC.USR t 99024.WD
L.G.Everist, Inc. December, 1999
Banks and Gesso, LLC
SPECIFIC WELD COUNTY REQUIREMENTS
1 - Requirement 44.1 - Application Form
(See following pages)
Ft.Lupton Sand and Gravel Mine.WC.USR 2 99024.WD
L.G.Everist, Inc. December, 1999
Banks and Gesso, LLC
2 — Requirement 44.2 — Drawings
44.2.1 — Vicinity Map
44.2.2 — Extraction Plan Map
(See following map pocket)
Ft.Lupton Sand and Gravel Mine.WC.USR 3 99024.WD
L.G.Everist, Inc. December, 1999
Banks and Gesso, LLC
3 — Requirement 44.3 — Supporting Documents
44.3.1 — Colorado Mined Land Reclamation Board
Submittal
(A copy of this separate document is enclosed at the end of this
application package.)
44.3.2 — Plans for Obtaining Water Supplies
L.G Everist, Inc. acquired 2 1/4 shares of the capital stock of the Lupton
Bottom Ditch Company along with the purchase of the surface and mineral
rights for the property. Evidence of this acquisition is enclosed elsewhere
in this report. Prior to any mining, a temporary substitute water supply
plan will be approved. This plan is being submitted to the Colorado State
Engineer concurrent with this application. The plan details all water needs
and replacement requirements for the mining operation. The ditch shares
more than adequately cover the requirements for the mining operation.
Once the temporary substitute supply plan is approved by the State
Engineer's Office, a copy will be supplied to Weld County Planning.
There is an existing large-capacity alluvial water well permitted for
agricultural use located in the south-central portion of the property. This
well will be used for "make-up" wash-water for the gravel plant and
batching operations. A "change in use" application will be filed with the
State Water Resources Dept. for this conversion, prior to any operation
water being supplied from this source and will become a part of the
substitute supply plan.
Ft. Lupton Sand and Gravel Mine.WC.USR 4 99024.WD
L.G.Everist, Inc. December, 1999
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 internal haul roads. Conveyors will be utilized to move
material from the pit to the processing plant. The anticipated entrance
road cross-section description is enclosed in Attachment "A".
44.4 — Operating Policies
In addition to the commitments contained in the Application to the
Colorado Division of Minerals and Geology, the Applicant commits to the
following operating policies:
44.4.1 — Setbacks
Setbacks for mining at adjacent property lines will be maintained at a
minimum of 15 ft. from all property lines. The mining limit, however, will
be a minimum of 30 ft. from all property lines. A slurry wall will be placed
15 ft. from within the edge of the property line. The setbacks will be
maintained at a minimum of 15 ft. pending agreements with owners of
permanent man-made structures, as outlined in the requirements of the
Colorado Division of Minerals and Geology. The residence in the
northeast area of the subject property will be removed prior to mining that
area of the site.
Several structures exist on the property consisting of gas and oil pipelines,
pumps, and storage tanks and the Lupton Bottom Ditch. Agreements are
approved or are being developed between the owners of these facilities
and the applicant to allow for their continued use and performance while
allowing for the mining to occur. A more detailed description is contained
within Exhibit D of the Colorado Mined Land Reclamation Board (CMLRB)
Ft.Lupton Sand and Gravel Mine.WC.USR 5 99024 WD
L.G.Everist,Inc. December, 1999
Banks and Gesso, LLC
Application in Section 44.3.1. There are also various permanent man-
made structures within 200 ft. of the property lines along the north, east
and south. These structures are shown on Exhibit C of the Colorado
Mined Land Reclamation Board (CMLRB) Application in Section 44.3.1.
The State requires setbacks from these man-made structures of 200 feet
unless the applicant obtains an agreement with the owner to mine within
this distance. The applicant also has the option of supplying an engineer's
report stating that mining closer than 200 feet will not affect the stability of
the structure.
44.4.2 — Hours of Operation
The following hours are proposed for 6 days per week, Monday through
Saturday:
6:00 a.m. to 8:00 p.m. for sand and gravel mining and processing
5:00 a.m. to 5:00 p.m. for concrete and asphalt batching
6:00 a.m. to 5:00 p.m. for truck hauling to and from the site
6:00 a.m. to 12:00 midnight for maintenance and repairs
The operations office may operate 24 hours per day, 7 days per week.
An exception to the above hours will be allowed when government
contracts are obtained that require extended hours. In this case, 24 hour
per day operations will be allowed to meet such contract requirements.
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.
Ft.Lupton Sand and Gravel Mine.WC.USR 6 99024.WD
L.G.Everist, Inc. December, 1999
Banks and Gesso, LLC
44.4.4 — Existing Trees and Ground Cover
There are no existing trees on the project site and the ground cover
consists of cropland, except for wetland vegetation along the banks of the
Lupton Bottom Ditch. Some non-cropland ground cover that is within the
setbacks may remain undisturbed during the life of the project. If ground
cover must be removed in the setbacks to install the slurry wall, this
vegetation shall be replaced according to the reclamation plan, which is
included in Section 44.3.1 and is accounted for in the reclamation costs.
Existing crop cover not within the setbacks shall be removed due to
mining and will be replaced with a native grass seed-mix around the
reclaimed reservoir as per the reclamation plan. The Lupton Bottom Ditch
will be mined through and reconstructed. A Corps of Engineers "404"
permit will be obtained (if required) to allow removal of the wetland
vegetation along the existing ditch and replacement of that vegetation
along the shorelines of the reclaimed water-storage reservoir.
44.4.5 — Access
Access from the operation to County Road 18 will be from the north-
central portion of the site, traversing a neighboring property (an easement
currently exists but will be relocated), and adjoining Weld County Road 18
approximately 0.25 of a mile from the South Platte River and
approximately 0.75 of a mile from the intersection of Highway 85.
44.4.6 — Paving of Access Road
The entrance approach to the property will be paved with a typical asphalt
apron from Weld County Road 18. The on-site access road from the
apron to the processing plant will be chemically treated to control dust
when needed. The designated haul route to the site is Weld County Road
18 with 95% of the traffic routed east to Highway 85. Most of this truck
traffic will be routed to the south towards the major market locations.
Upon county approval of this project, the applicant will initiate an
Ft.Lupton Sand and Gravel Mine.WC.USR 7 99024.WD
L.G.Everist,Inc. December, 1999
Banks and Gesso, LLC
agreement to be made with the Weld County Public Works Dept. for
improvements and/or maintenance of this section of County Road 18,
based upon impacts to the roadway from truck traffic. The anticipated
cross-section referenced in section 44.3.4 is shown on 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
perimeter of the property and maintained throughout the life of the mine.
Entrance to the operation from County Road 18 will be gated and locked
during periods of no operation.
44.4.8 - Topsoil Salvage
As per the reclamation plan in the CMLRB application, there is more than
adequate topsoil on site to reclaim the perimeter of the reservoir and the
reconstructed Lupton Bottom Ditch alignment. The topsoil that will be
salvaged for reclamation will be placed along the property boundaries and
at convenient locations at the edges of the mine phases. Adequate
seeding will be performed to prevent wind and water erosion of the
stockpiles. A topsoil berm will be created and maintained at the northwest
property boundary for the life of the mine to act as a visual and noise
barrier for neighbors to the north.
44.4.9 — Processing Equipment
The final plant site area, where the processing equipment and asphalt and
concrete batching is to be located, will be located well below-grade in the
south-central area for most of the life of the operation. This location is the
furthest from adjacent neighbors to the site and will thereby reduce offsite
impacts. This site was also specifically chosen to keep processing at
relatively equal distances from all mine phases.
Ft.Lupton Sand and Gravel Mine.WC.USR 8 99024.WD
L.G.Everist, Inc. December, 1999
Banks and Gesso, LLC
44.4.11 — Additional Operation Policies
1. All operations on the subject property shall be in conformance with the
Weld County Flood Hazard Regulations. A separate Flood Hazard
Development Permit is being applied for in conjunction with this
application.
A— No fill, berms, or stockpiles shall be placed in the one-hundred
(100) year floodplain of the South Platte River which would obstruct
passage of flood flows.
B —All fuel tanks, septic systems, temporary buildings, and any other
hazardous items that might wash away during flooding shall be
securely anchored and adequately flood-proofed to avoid creation of a
health hazard. Following completion of mining, all temporary buildings
shall be removed.
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 this site.
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 facility area in a manner that will prevent
nuisance conditions.
7. Portable toilets will be used onsite for personnel sanitation purposes.
No other sanitation facilities will be constructed. Potable water will be
supplied with bottled water hauled into the site. Well water will not be
used for employee's drinking water.
Ft.Lupton Sand and Gravel Mine.WC.USR 9 99024.WD
L.G.Everist, Inc. December, 1999
Banks and Gesso, LLC
8. The facility shall operate in accordance with the approved dust
abatement plan at all times. The facility shall have sufficient
equipment available to implement the dust control as required by the
Weld County Health Department.
9. The site shall be maintained in compliance with the local fire protection
district, the U.S Fish and Wildlife Service, the U.S. Army Corps of
Engineers, and the Colorado Division of Minerals and Geology.
10."No Trespassing" signs shall be posted and maintained on the
perimeter to clearly identify boundaries of the site.
11.The facility shall operate in accordance with the approved stormwater
detention plan.
12.All construction on the property shall be in accordance with the Weld
County Building Code Ordinance.
13.Lighting provided for security and emergency night operation on the
site shall be designed so that the lighting will not adversely affect
surrounding property owners.
14.The sand and gravel operation will comply with operation policies
identified in Section 44 of the Weld County Zoning Ordinance as
articulated above.
15.The property owner or operator shall 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 shall 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 area shall 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
Ft.Lupton Sand and Gravel Mine.WC.USR 10 99024.WD
L.G.Everist, Inc. December, 1999
Banks and Gesso, LLC
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 shall 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.
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 anticipates, and was designed for, an end-use of
water storage and wildlife habitat. The surrounding land uses currently
are agricultural in nature with natural areas adjacent to the South Platte
River. The reclamation plan for the subject property is compatible with the
existing and the anticipated agricultural uses.
44.5.2 - Completion of Operations - Safety
Following the completion of operations, the property will be operated and
managed by a water storage service entity. Access to the site will be
limited to employees necessary to maintain the water-storage reservoirs.
For safety purposes, access by others will be limited.
Ft.Lupton Sand and Gravel Mine.WC.USR 11 99024.WD
L.G.Everist, Inc. December, 1999
Banks and Gesso, LLC
44.5.3 — Drainage
Sufficient drainage 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 to into the reservoir that will occupy the property upon
reclamation.
44.5.4 — Grading and Erosion Control
All excavated areas shall finally be 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. Trees, shrubs,
legumes, grasses, or other ground cover shall be replaced in order to
avoid erosion insofar as is practicable.
6 — Other Weld County Requirements:
6.1 — Detailed Description of the Method of Mining
Operation
The detailed mining plan is included in the CMLRB application package,
which is attached.
6.2 — Certified List of Property Owners Within 500 Feet
The required listing is enclosed in Attachment "B".
6.3 — Certified List of Mineral Owners and Lessees
The required certified list is enclosed in Attachment "C".
Ft.Lupton Sand and Gravel Mine-WC.USR 12 99024.WD
L.G.Everist,Inc. December, 1999
Banks and Gesso, LLC
6.4 - Statement of Consistency with the Weld County
Comprehensive Plan
The Applicant has compared this proposed use, and has prepared this
application package to conform to all Mineral Resource Goals and
Policies, which are contained in the Weld County Comprehensive Plan.
The details of the proposal contained in this application support all Goals
and Policies of the Plan.
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
The application contains adequate provisions to protect the health, safety,
and welfare of surrounding landowners and the County residents. The
plan contained in this 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.
Ft.Lupton Sand and Gravel Mine.WC.USR 13 99024.WD
L.G.Everist,Inc. December, 1999
Banks and Gesso, LLC
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. The mine and reclamation plans, along with the end-use
of the property has been designed to be compatible with the surrounding
agricultural land uses and they contain provisions to ensure compatibility.
The mining plan requires temporarily relocating the Lupton Bottom Ditch
on the property. The reconstructed alignment will be located in the
original location and will be concrete lined to accommodate less seepage
and easier maintenance. The proposed agreement with the Lupton
Bottom Ditch Company, see Attachment H, indicates an ongoing and
productive solution to the reconstruction of the ditch.
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 adjacent
properties, both to the north and south, also contain commercial quantities
and commercial quality sand and gravel deposits. It is highly likely that
some of these surrounding deposits will be exploited 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 —A Flood Hazard Development Permit is being
submitted concurrent with this Use by Special Review application.
The Applicant will comply with all requirements of the Permit.
6.9.2 —Geologic Hazards—The subject property contains no
known geologic hazards.
Ft. Lupton Sand and Gravel Mine.WC.USR 14 99024.WD
L.G. Everist, Inc. December, 1999
Banks and Gesso, LLC
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 — Upon
approval of and compliance with the Flood Hazard Development
Permit, the subject property will be in conformance with Section 50
— Overlay Districts.
6.10 — Proof of Water
Copies of ownership documents concerning water are enclosed in
Attachment "D".
6.11 — Copy of Legal Instrument Identifying Applicant's
Interest in the Property
The Applicant, L.G. Everist, Inc., has an interest in the property through
complete ownership. A copy of the warranty deed conveying the property
to L.G. Everist, Inc. 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 information sheet is enclosed in Attachment "G".
Traffic Information and Proposed Road Improvements
Annual production and sales from this property are estimated at 500,000
tons-per-year. Tractor-trailers at approximately 85,000 pounds or
tandems at approximately 55,000 pounds will be used to haul aggregate
material from the site. Concrete and asphalt trucks weighing at
approximately 85,000 pounds will also be used. Traffic will be limited to
hauling east to Highway 85 and then proceed north or south to market,
Ft.Lupton Sand and Gravel Mine.WC.USR 15 99024.WD
L.G.Everist,Inc. December, 1999
Banks and Gesso, LLC
other than the few local deliveries that may proceed west on County Road
18.
Based upon the use of these trucks and using a 250-day per year working
schedule, there will be an average of 80 round-trips, or 160 single trips per
day for all trucks. There will be additional traffic generated by employees,
venders and suppliers to the site. It is estimated that these trips will
account for an average of approximately 15 additional round-trips per day,
which will include automobiles and service/sales trucks.
L.G. Everist, Inc. proposes to pave the entrance apron from the access
road onto County Road 18 prior to the start of operations and to
chemically treat the gravel access road/haul road from the apron to the
plant site, if necessary, for dust and erosion control during operations.
Upon county approval of this project, the applicant will initiate an
agreement to be made with the Weld County Public Works Dept. for
improvements and/or maintenance of the section of County Road 18
between the access road and east to Hwy. 85, based upon impacts to the
roadway from truck traffic.
Ft.Lupton Sand and Gravel Mine.WC.USR 16 99024.WD
L.G. Everist, Inc. December, 1999
Banks and Gesso, LLC
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 18 anticipated by the applicant will be 24
feet wide with 3-foot gravel shoulders. The anticipated pavement section
will be 4 inches of asphalt, over 8 inches of compacted aggregate
basecourse.
Ft.Lupton Sand and Gravel Mine.WC.USR 17 99024.WD
L.G.Everist, Inc. December, 1999
Banks and Gesso, LLC
Attachment"D"
Water Ownership
Ft.Lupton Sand and Gravel Mine.WC.USR 20 99024.WD
L.G.Everist,Inc. December, 1999
J1,.. ,IL0 I •
NU. 2010 P. 5/8
SPECIAL WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS THAT, DAVID A. PETROCCO
AND SUSAN K. PETROCCO ("Grantors") in consideration of the sum of
TEN DOLLARS and other good and valuable cash consideration in hand
paid by L.G. EVERIST, INC. , an Iowa Corporation, whose mailing
address is 7321 E. 88th Avenue, Suite 200, Henderson Colorado
80640 hereinafter referred to as "Grantee" , the receipt and
sufficiency of which is hereby acknowledged, have GRANTED, SOLD and
CONVEYED, and by these presents do GRANT, SELL and CONVEY, unto the
said Grantee the following described water, water rights, well
rights, ditch rights, whether tributary, nontributary or not
nontributary associated with, appurtenant to, or historically used
in the real property known as 367 South 20th Avenue described in
Exhibit A, Weld County, Colorado, including, but not by way of
limitation, the following (the "Water Rights") :
a. 2.25 shares of the Lupton Bottom Ditch Company and
the right to use a corresponding pro rata share of
all water rights, ditch rights and appropriations
owned by the Lupton Bottom Ditch Company;
1 : b. Well No. RF-211 (Permit No. 11082-F) located in the
SE 1/4 NW 1/4 of Section 30 Township 2 North, Range
66 West of the 6th P.M. at a point 2620 feet South
and 2630 feet East of the NW corner of Section 30,
with an appropriation date of August 7, 1966 for
2.34 cubic feet per second absolute as decreed by
Case No. W-2784-77.
TO HAVE AND TO HOLD the above described Water Rights,
together with all rights, privileges, attributes and uses
associated with unto Grantee, its successors and assigns forever.
Grantors do hereby bind themselves, and their respective successors
and assigns, to Warrant and Forever Defend the Water Rights unto
Grantee, its successors and assigns, against all persons claiming
or attempting to claim the whole or any part of the Water Rights
by, through, or under Grantors.
Iry
'Lt
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t •
Incorporated December 6, 1873 under the laws of the State of Colorado.
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, t a assn �`o o Pita, p u
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( LUPTON, - COLORADO. P
• CAPITAL STOCK $4,x50. 83 SHARES OF no EACH. /
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af-ti0, G.Q QC. r( fi,cl7t L.G. Everist.r Inc,
I
is own et o .t.wo an.(d._.one.....four-tl-r&azco o. tla Capita? Stock-
f p of The Lupton $ottoni Ditch
i. C C C
i Company, tza.s% eza&teonftj on the too&s of the eowt.paWy i s�, nn pezoo , oz & attorti,ev, onst- )
zenilez of iflis cezti irate. at.io 5tOdt. is Nutt paid, anT can onftt &e assessed as now pzouibeb
y taw fez the assessment of paid tip stock. in TDitek. Companies.
IN WITNESS WHEREOF, this said Certificate is signed by the President and Secrc-
I tary, and the Seal of the said Company affixed, at the office of the Company in
b day of eptem erA. a 19..9.9
cy]
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SSfeeenterr.
T V%rY\r% S I�"-VYVY YVYV ^VVWVVr^ 1"\
1
Banks and Gesso, LLC
Attachment "F"
Special Use Questionnaire
Ft.Lupton Sand and Gravel Mine.WC.USR 22 99024.WD
L.G.Everist, Inc. December, 1999
USE BY SPECIAL REVIEW QUESTIONAIRE
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? Maximum of 11
b. How many employees are proposed to be employed at this site? Maximum of 11
c. What are the hours of operation? See 44.4.2
d. What type and how many structures will be erected (built)on this site? Sand and gravel
processing plant, portable asphalt and concrete plants
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?
Section 6. 13
g. Who will provide fire protection to the site? Ft. Lupton District F-5
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).
Proposed septic system
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
8. Explain how the storm water drainage will be handled on the site. All storm water will be directed
to a detention pond to allow sedimentation, prior to discharge.
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
8
Banks and Gesso, LLC
Attachment "G"
Road Access Information Sheet
Ft.Lupton Sand and Gravel Mine.WC.USR 23 99024.WD
L.G.Everist, Inc. December, 1999
APPENDIX B
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department Date: December 23, 1999
III I H Street, P.O. Box 758, Greeley, CO 80632
Phone: (970 )356-4000, Ext. 3750 Fax: (970)304-6497
I. Applicant Name L,G, Everist, Inc, Phone (303) 2874656
Address 7321 E. 88th Ave. , Suite 200 City Henderson State CO Zip 80640
2. Address or location of access South side of County Rd. 18 approximately .6 mile west of U .S. Hwy 85
Section 30 Township 2 North Range 66 West
Subdivision N/A Block Lot
Weld County Road # 18 _ Side of Road South Distance from nearest intersection .6 mile
3. Is there an existing access to the property? Yes X No #of accesses one
4. Proposed Use:
❑ Permanent ❑ Residential/Agricultural ❑ Industrial
❑ Temporary ❑ Subdivision ❑ Commercial ® Other sand and gravel operation
•**********************************************************************************************************
5. Site Sketch N c)
Legend for Access Description:
AGR= Agricultural WGRt8 S.I.' . 4: ,
RES = Residential Wide
COLORO&G = Oil & Gas LP '
D.R. = Ditch Road (--- -I (p
Ji
\ D
************************************
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road _ ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
***********************************************************************************************************
❑ Installation authorized ❑ Information Insufficient
Reviewed By: Title:
7
Banks and Gesso, LLC
Attachment "H"
Agreement- Lupton Bottom Ditch Company
Ft.Lupton Sand and Gravel Mine.WC.USR 24 99024.WD
L.G.Everist, Inc. December, 1999
L.G. EVERIST, INC ;� CORPORATE OFFICE
300 S.Ph9LUPS AVE•SUITE 200
I�_' ■ P.O.SOX 3829
SIOUX FALLS,SD 37117.3929
PHONE ALLS805-334-5000
FAX 808.9313839
MOUNTAIN DIVISION
7321 E 88TH AVENUE•SUITE 200
HENDERSON.COLORADO 80840
303.287-0803
FM 303-289-1348
December 3, 1999
Howard (Corky) Cantrell
Lupton Bottom Ditch Company
•
P.O. Box 305
Fort Lupton, CO 80621
Dear Corky:
Enclosed is a scaled drawing of the proposed changes to the section of the Lupton Bottom
Ditch, which traverses L.G. Everist, Inc.'s property located north of Ft. Lupton. The.drawing
details the dimensions and material composition of the reconstructed ditch, as well as the
temporary relocation during mining.
As we discussed, sections of the Lupton Bottom ditch will be mined during the dry season,
September to March, and reconstructed during the next season, so as to not disturb water flow.
We propose mining and reconstructing the south half of the Ditch during Phase 1, and the north
half between Phases 3 and 4.
Please acknowledge your understanding and acceptance of our proposal by countersigning
below and = 1 min_ a signed copy to me. Thank you.
If yo r e a questions, please call me directly.
ce
R . verist
ce President
enclosure
Acknowledged by:
Howard (Corky) Cantrell Date
Lupton Bottom Ditch Company
LM/FL-Ibditchco-120199
COLORADO MINED LAND RECLAMATION BOARD
APPLICATION FOR
REGULAR 112 PERMIT
FT. LUPTON
SAND AND GRAVEL MINE
Prepared for:
L.G. Everist, Inc.
7321 E. 88th Ave., Suite 200
Henderson, CO 80640
(303) 287-4656
December, 1999
Banks and Gesso
720 Kipling St., Suite 117
Lakewood, Colorado 80215
(303)274-4277
Fax(303)274-8329
www.banksandgesso.com
TABLE OF CONTENTS
Page
APPLICATION FORM
INTRODUCTION 1
EXHIBITS
Exhibit A — Legal Description 3
Exhibit B — Index Map 4
Exhibit C — Pre-Mining and Mining Plan Map 5
Exhibit D — Mining Plan 6
Exhibit E — Reclamation Plan 17
Exhibit F — Reclamation Plan Map 26
Exhibit G —Water Information 27
Exhibit H —Wildlife Information 31
Exhibit I — Soils Information 33
Exhibit J —Vegetation Information 34
Exhibit K — Climate Information 37
Exhibit L — Reclamation Costs 38
Exhibit M — Other Permits and Licenses 40
Exhibit N — Source of Legal Right to Enter 44
Exhibit O — Owners of Record 45
Exhibit P — Municipalities Within Two Miles 46
TABLE OF CONTENTS
(Continued)
Page
Exhibit Q — Proof of Mailing 47
Exhibit R— Proof of Filing with County Clerk and Recorder 48
Exhibit S — Permanent Man-Made Structures 49
Proof of Posting Certification
LIST OF TABLES
Table E-1 Permanent Mix for Water's Edge 23
Table E-2 Permanent Mix for Pit Edges 24
Table E-3 Temporary Cover for Topsoil Berms 25
Table L Reclamation Cost Estimate 39
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
of Department of Natural Resources
131 on St,Room 215
Denver,Colorado 80203
Phone:(3031866-3567
FAX:(3031832-8106
DEPARTMENT OI
NATURAI
CONSTRUCTION MATERIALS RESOURCE`.
REGULAR (112) OPERATION
Roy Romer
RECLAMATION PERMIT APPLICATION FORM Governor
lames S.Lochhead
Executive Director
Michael El Long
Division Director
CHECK ONE: X New Application (Rule 1.4 .5) Amendment Application (Rule 1.10)
Conversion Application (Rule 1.11)
Permit # - - (provide for Amendments and Conversions of existing
permits)
The application for a Construction Materials Regular 112 Operation Reclamation Permit contains
three major parts: (1) 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,
=npropriate sections of 6.5 (Geotechnical Stability Exhibit, and a check for the application fee
scribed under Section (4) below. Exhibits should NOT be bound or in a 3-ring binder; maps
snould 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) :
L.G. Everist, Inc.
1.1 Type of organization (corporation, partnership, etc.) : Corporation
1.2 I.R.'S. Tax I.D. No. or Social Security Number: 46-0229601
2. Operation name (pit, mine or site name) : Ft. Lupton Sand and Gravel Mine.
3. Permitted acreage (new or existing site) : 85 permitted acres
3.1 Change in acreage (+) acres
3.2 Total acreage in Permit area 85 acres
4. Fees:
4.1 New Application 51,875.00 application fee
4.2 New Quarry Application $2, 325.00 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 commodities) to be mined: sand gravel
5.1 Incidental commoditie(s) to be mined: 1. - lbs/Tons/yr
2. / lbs/Tons/yr 3. / lbs/Tons/yr
4. / lbs/Tons/yr 5. / lbs/Tons/vr 5.2 Anticipated end use of primary commoditie(s) to be mined: Aaphalt/ronrrete/aggregates
5.3 Anticipated end use of incidental commoditie(s) to be mined:
- 2 -
6. Name of owner of subsurface rights of affected land: L.G. Everist= Eac�
If 2 or more owners, "refer to Exhibit 0".
7. Name of owner of surface of affected land: LEG, Everist, Inc.
7.1 Names of the holders of any recorded easements on the affected land:
8. Type of mining operation: X Surface Underground
9. Location 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 30
TOWNSHIP (write number and check direction) : T 2 X North _ South
RANGE (write number and check direction) : R 66 East X West
QUARTER SECTION (check one) : _ NE X NW _ 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 two miles; northcnorthwest of the Town of Ft\ Lueton
at an elevation of approximately 4874 ft above M4T
_ . Primary 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) _ Industrial/Commercial(IC)
X Developed Water Resources(WR) Solid Waste Disposal(WD)
11. Primary present land use (check one) :
X Cropland(CR) _ Pastureland(PL) General Agriculture(GA)
Rangeland(RL) _ Forestry(FR) _ Wildlife Habitat (WL)
Residential(RS) _ Recreation(RC) _ Industrial/Commercial(IC)
Developed Water Resources (WR)
12. Method of Mining: Briefly explain mining method (e.g. truck/shovel) :
Dry mining with trnrkhoe, londerc tntn dnpnsitt, loading into field hpnnerisrlapey
and field conveyed to processing plant,
13. On Site Processing: X Crushing/Screening
13.1 Briefly explain mining method (e.g. truck/shovel) :
Sorting, crushing, screening, washing of sand and gravel at portable processing
plant for use onsite/offsite for asphalt concrete hatching and calec,
List any designated chemicals or acid-producing materials to be used or stored within
permit area: N/A
-- 3 -
Correspondence Information:
APPLICANT/OPERATOR (name, address, and phone of name to be used on permit)
Contact's Name: Rick Everist Title: Vice. President
Company Name: L.G. Everist, Inc.
Street: 7321 E, 88th Ave,
City: Henderson
State: Colorado Zip Code: 80640.
Telephone Number: ( 303 ) _ 287--4656
Fax Number: ( 303 ) • - 287--8076.
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name: Robert Laird Title:
Company Name: Banks and Gesso
Street: 720 Kipling St, t Suite. 117
City: Lakewood , .
State: Colorado Zip Code: 80215
Telephone Number: ( 303 ) - 274 .4277
Fax Number: ( 303 i - 27478329.
INSPECTION CONTACT
Contact's Name: Rick Everist Title: Vice. President
Company Name: LLG. Everist, Inc,
Street: 7321 E. 88th Ave.
City: Henderson •
State: Colorado Zip Code: 80640
Telephone Number: L 303 1 - 281 .4656
Fax Number: ( 103 ) - 287--8076
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency: N/A
Street:
City:
State: Zip Code:
Telephone Number: ( ) -
CC: STATE OR FEDERAL LANDOWNER (if anv)
Agency: N/A
Street:
City:
State: Zip Code:
Telephone Number: ( , ) -
- 5 -
►sponsibilities 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;
2 . The Board may suspend or revoke this permit, 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;
I\7* 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;
a
4 . 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;
5 . It is your responsibility to notify the Office of any changes in your
address or phone number;
6. 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.
- 6 -
7 . 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.
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 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.
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.
you have questions about the Mined Land Reclamation Board and Office's
,view and decision or appeals process, you may contact the Office at
(303) 866-3567 .
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'rtification:
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 (Section 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 finding.
4. I understand that statements in the application are being made under penalty of
perjury and that false statements made herein are punishable as a Class 1 misdem-anor
pursuant to Section 18-8-503, C.R.S.
,S,400-4zan.
Signed and dated this /rill
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di.Signed: / 6 Signed: / ` . .
i(I' n / Corporate -cretary or Equivalent
Title: /C/ '/ 'I Town/City/County Clerk
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State of tltti0 )
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County of G6(-Uk), )
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The re�Vgoinginst/ru`m-yent was acknowledged� e before me this N day o/f_� �P •
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by. l (L SA.V/iA1t as V ICt- pre�ic '�. of L C So efA .
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( : (l Notary Public
( KIMRIVARn1 ) My Commission expires:OtetAiiCULL> I is c i
F 0f CO** SIGNATURES MUST BE IN BLUE INK
My Comm.Expires Jan.1,2002
04/25/97 2823FC0.112
Banks and Gesso, LLC
INTRODUCTION
L.G. Everist, Inc., is applying for a Colorado Division of Minerals and Geology
(CDMG) Regular"112" Permit to mine sand and gravel from the proposed Ft.
Lupton Sand and Gravel Mine located in unincorporated Weld County, northwest
of the Town of Fort Lupton, Colorado (see Exhibit B, Index Map). The property
consists of approximately 85 acres in the northwest quarter of Section 30,
Township 2 North, Range 66 West. The property is located % of a mile south of
Weld County Road 18, and approximately '% of a mile west of the South Platte
River.
The property currently consists of cultivated cropland and pasture with one farm
residence and several outbuildings. L.G. Everist, Inc owns the surface property,
sand and gravel mineral rights and water rights. Top Operating Company owns
two oil wells on the site and the Lupton Bottom Ditch Company has a permanent
easement through the central portion of the proposed permit area for their ditch.
The sand and gravel produced from the site would be trucked to market by L.G.
Everist, Inc. and independent haulers, as well as utilized onsite for concrete and
asphalt production and delivered as a finished product. The life of the operation
is anticipated to be 13 to 17 years.
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 1 99024.WD
L.G.Everist, Inc. December, 1999
Banks and Gesso, LLC
Surrounding land uses in the immediate vicinity include limited residences and
agricultural lands.
The final reclamation for the permit site will be for two connected water-storage
reservoirs surrounded by an impermeable bentonite-based slurry wall keyed into
the shale bedrock. The Lupton Bottom Ditch will separate the two reservoir
ponds. The reservoir ponds will support wetland vegetation at the shorelines and
provide wildlife habitat for resting waterfowl. The ponds will cover approximately
78 total acres with the remainder of the permit area consisting of reclaimed
shoreline and setback areas, the reconstructed Lupton Bottom Ditch and
undisturbed property (the existing oil and gas facilities).
Ft. Lupton Sand and Gravel Mine.CDMG.112 Permit 2 99024.WD
L.G.Everist, Inc. December, 1999
Banks and Gesso, LLC
EXHIBIT A- LEGAL DESCRIPTION
The legal description for the land to be affected by the proposed mining permit is
as follows:
S 1/2 of the NW ''A of Section 30, Township 2 North, Range 66 West of the 6th
P.M., together with 2.25 shares of the capital stock of the Lupton Bottom Ditch
Company.
A more detailed legal description follows that also explains access easements.
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 3 99024.WD
L.G.Everist, Inc. December, 1999
EMBISIT A
(property Leal Description)
The South Half of the Northwest Quarter of Section 30, Township 2 North, Range
66 West of the 6th P.M. ,
Together with two access easements described as follows:
An access easement located in the Northwest Quarter of Section 30, Township 2
North, Range 66 West of the 6th P.M., and being a part of Lot. 4 of the Lupton
Meadows Land Company Division No. 3 and being more particularly described as
follows: •
•
Commencing at the North Quarter corner of said Section 20 and considering the
East line of said Northwest Quertar to bear South 00'30'00' East, with all
other bearings contained herein being relative thereto:
Thence south 00'30'00' East, 290.37 feet to the True Point of Beginning,
Thence parallel with and 15 feet Westerly from the centerline of an existing
access road by the following 3 courses:
South 45'29'35• West. 2.07 feet;
South 00'58'30• West, 775.48 feet;
. South 14'30'35' West. 267.95 feet to a point on the south Line of said Lot 4:
Thence North 88'59'58' East, 90.85 feet to the Southeast corner of said Lot
4:
Thence North 18'19'43' West, 106.11 feet along an existing fence line to a
. point being 15 feet Easterly from the centerline of said access road;
thence North 14'30'35' East, 125.44 feet parallel with said access road to a
point on the East line of the Northwest Quarter of said Section 30: .
•
thence North 00'30'00• West, 813.50 feet to the True point of Beginning:
AND
An access easement located in the Northeast Quarter cf Section 30. Township 2
Vetch. Range 66 Wesc of the 6th P.M., and being a part of Lot 5 of the Lupton
Meadow: Land Company Division No. 3 and being more particularly described as
follows: •
Commencing at the North Quarter corner of said Section 30 and considering the
West line of said Northeast Quarter to bear south 00'30'00' East, with all
other bearings contained herein being relative thereto:
Thence south 00'30'00• East, 290.37 feet to a point being 15 feet
Northwesterly from the centerline of an existing access road and to the True
Point of Beginning:
-Continued-
Thence North 45"29'35' East,
,0 feet parallel with said acc -oad and to
a point en the South edge of the pavement on County Road 18;
Thence South 87'S7'20' East, 41.32 feet along said South edge of pavement;
Thence parallel with and 15 feet Southeasterly from the centerline of said
access road by the following 3 courses;
South 45'29'35' West, 114.81 feet;
South 00'58'30' West, 766.76 feat;
South 14'30'35' West, 32.62 feet to.a. point on the West line of said
Northeast Quarter;
Thence North 06'30'00' West, 812.50 feet to the True Point of Beginning;
County of Weld ,
State of , Co_ -
Banks and Gesso, LLC
EXHIBIT C — PRE-MINING AND MINING PLAN MAP OF AFFECTED LAND
Exhibit C, the Pre-Mining and Mining Plan Map, follows. Names and addresses
of adjacent property owners are shown and listed on Exhibit C. Pre-mining
conditions are also discussed in Exhibit J, Vegetation Information. Permanent
man-made structures within 200 feet of the affected area are shown on Exhibit C
and discussed in Exhibit S
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 5 99024.WD
L.G. Everist,Inc. December, 1999
Banks and Gesso, LLC
EXHIBIT D — MINING PLAN
Overview
The applicant proposes to develop the site as a sand and gravel mining and
processing operation with ancillary and compatible uses of asphalt and concrete
production. Approximately 78 acres of the total permit area acreage of
approximately 85 acres will be mined (see Exhibit C, Pre-Mine and Mine Plan
Map). The Lupton Bottom Ditch will be temporarily re-routed, mined-through and
reconstructed with concrete lining, and two sets of oil and natural gas pipelines
will have either been abandoned prior to mining the area in which they are
located or will be relocated to maximize aggregate recovery and final water-
storage capacity. Agreements are being developed with the owners of these
structures to accomplish this plan. After mining is complete, the excavated area
will be reclaimed as two connected water-storage reservoirs surrounded by an
engineered, impermeable bentonite slurry wall that will be emplaced prior to
mining. The two water-storage reservoirs will be separated by the replaced
Lupton Bottom Ditch, located north/south through the middle of the site, but with
a pipe and valve arrangement connecting them to enable separate filling and
drawdown. The linked reservoirs will be isolated from the alluvial groundwater
system by an impervious shale bedrock base and the slurry wall. The edges of
the reservoirs will be reclaimed to an irregular shoreline with wetland vegetation
gradually establishing itself. The post-mining land use of the property is for water
storage and wildlife habitat. The Reclamation Plan assumes the cost for
Ft.Lupton Sand and Gravel Mine-CDMG.112 Permit 6 99024.WD
L.G.Everist,Inc. December, 1999
Banks and Gesso, LLC
restoration of the mining area as two connected reservoirs and wildlife habitat.
Wetland vegetation lining the current Lupton Bottom Ditch will be removed due to
mining-through the ditch, but will be replaced with wetland grass-seeding and by
eventual natural invasion and establisment of wetland plants at the shorelines of
the reservoirs
Mine Plan
Prior to the commencement of mining, the applicant will construct a slurry wall
keyed into the shale bedrock, surrounding the area to be mined and located
approximately 15 ft. within the permit area boundary. The slurry wall will act as a
barrier to offsite alluvial groundwater impacts caused by the drawdown of
groundwater within the pit area facilitating "dry mining" of the site. The slurry wall
will also act to isolate surrounding groundwater from interacting with decreed
water rights to be used for reservoir storage water upon final reclamation. Near
the close of Phase 1 of the mining process, the length of the Lupton Bottom Ditch
on the permit site will be re-routed approximately 175 ft. to the east during the
winter no-flow period, with approval from the Lupton Bottom Ditch Company and
authorization through a U.S. Amy Corps of Engineers 404 permit (if required).
An agreement is being finalized with the ditch company and a draft is contained
within Exhibit S, along with a draft of an agreement being developed with the oil
and gas operating company, should the pipelines need to be relocated. The
ditch location will be mined-through in two phases, subsequently reconstructed
with excess topsoil and shale bedrock and replaced to its original surveyed
grade. The overhead power lines providing service for an operational alluvial
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 7 99024.WD
L.G.Everist,Inc. December, 1999
Banks and Gesso, LLC
well (to be maintained for aggregate processing and batching operation water) on
the south edge of the site, will be relocated to the west side of the ditch
alignment. An agreement is in place with United Power Company to accomplish
the power line reconstruction and is contained within Exhibit S. A maintenance
road will be replaced alongside the ditch to service the ditch, relocated oil
pipelines, and overhead power lines. These structures will be grouped in a
north-south alignment alongside the replaced ditch (see Exhibit F, Reclamation
Plan Map). After the slurry wall is in place, the operator will strip the topsoil from
each phase and around the southern perimeters (stockpiling it in strategic
locations) and excavate a de-watering trench to shale bedrock. The existing
groundwater in the mining phase will be pumped to allow for "dry-mining" of the
sand and gravel. The pump locations for discharge to the South Platte River are
to be located in the southern areas of the site. A CPDES discharge permit will be
obtained for this function.
The area inside the mining phase boundaries will be stripped of topsoil to a depth
of approximately 3 ft. This material will be stockpiled in temporary, revegated
berms at various locations within the mining area. A revegetated topsoil berm
will be created at the northwest permit area to reduce the visual and audible
impacts of mining to neighbors to the north and will be maintained for the life of
the operation.
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 8 99024.WD
L.G. Everist, Inc. December, 1999
Banks and Gesso, LLC
The topsoil will be used in final reclamation as plant-growth medium for the
reservoir shorelines, pit-slope backfill and the replaced Lupton Bottom Ditch
location. Topsoil that will not be needed for revegetation will be mixed with
approximately 3 ft. of excavated, weathered-shale bedrock and will be used as
backfill for the replaced Lupton Bottom Ditch and the excavated pit slopes to
create an undulating shoreline.
Mining will continue with this methodology through six phases encompassing a
probable minimum of 13 years duration, but could be extended based on market
conditions.
Mining Sequence
Mining will proceed in six phases with the final phase being the initial location of
the plant site, as shown on Exhibit C. Previous to actual mining operations, the
initial plant site, access road, scale and scale-house/office building pad and
structures will be constructed. Activities will include setting up electrical power,
stripping of topsoil from the plant site area to create a stable equipment base for
the portable plants, excavation of the settling and clear-water ponds, and
constructing a pipeline to pipe water from the existing, large-capacity alluvial well
for operation water to the initial and final plant sites.
Phase 1 will consist of approximately 13.8 acres to the east of the initial plant site
and will also include development of the de-watering location for the west one-
half of the mining area. This phase will be mined to the east and mining-through
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 9 99024.WD
L.G.Everist,Inc. December, 1999
Banks and Gesso, LLC
the Lupton Bottom Ditch near the close of the phase will occur. Activities will
include construction of de-watering trenches, the sump pit and discharge pump
location, topsoil removal and storage, and mining.
The second phase, consisting of about 13.7 acres, will be mined proceeding to
the east of Phase 1 after the Lupton Bottom Ditch is reconstructed. A new de-
watering trench will be advanced east on the south side of the phase and north,
up the east side of the phase. Discharge will occur from the southeast corner of
this phase to the South Platte River. Mining will proceed in this phase, as
previously described, until completion.
The third phase of mining, consisting of approximately 13.5 acres, will progress
north from Phase 1 and be completed by mining to the east. As in Phase 1, the
removal and reconstruction of the Lupton Bottom Ditch will occur near the end of
the phase, as shown on Exhibit C. The sequence of stripping, construction of de-
watering trenches (utilizing the sump and de-watering location located in the
southeast corner of the plant area) and topsoil stockpiling will be replicated for
Phase 3. The de-watering system in the excavated east portion of Phase 2 will
be maintained to remove any standing water collected there.
Phase 4 will be mined to the east and north, after removal of the farmhouse and
out-buildings, utilizing the same system as described previously and de-watering
the phase by connecting to the trenches and discharge point of Phase 2. Mining
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit to 99024.WD
L.G.Everist, Inc. December, 1999
Banks and Gesso, LLC
will not proceed on this phase until the Lupton Bottom Ditch is reconstructed at
its original location.
The fifth and sixth phases of mining will encompass approximately 24 acres and
will proceed as described for previous phases. The final (sixth) phase will consist
of mining the initial plant site with groundwater discharge being pumped from the
southeast corner of the current plant site. Staged removal of the plant equipment
and final reclamation of the site will occur.
Mining Methodology
Once the topsoil has been stripped and stockpiled for each phase, a de-watering
trench will be excavated around the majority of each mining phase. The trenches
will "tie-in" at a low elevation of the bedrock in a sump area containing a
clarification stage. After settling, clarified water will be discharged. A de-
watering pump will be placed in the sump and the accumulated water will be
pumped to the South Platte River. A CPDS/Stormwater Discharge Permit for de-
watering and stormwater runoff for the plant and mining areas will be obtained.
The de-watering activities and plant process-water consumption is addressed by
a Gravel Well Permit Application and Temporary Substitute Supply Plan
submitted to the State Engineer's Office, a copy of which is contained within
Exhibit G, Water Information.
Once the mine phase area is de-watered, mining of the sand and gravel deposit
will be initiated. The applicant proposes to mine the deposit with front-end
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 11 99024.WD
L.G.Everist,Inc. December,1999
Banks and Gesso, LLC
loaders that will feed an in-pit field conveyor system to transport the mined
material to the plant site.
The pit slopes will be mined to the near-vertical at the mining-pit limit to maximize
resource recovery, remaining approximately 15 ft. inside the slurry walls, as
shown on the cross-section in Exhibit F, Reclamation Plan Map. A combination
of pit-floor shale materials and excess topsoil will be utilized for reconstruction of
the pit slopes to 3:1 and 2:1 and the reconstructed Lupton Bottom Ditch
alignment.
Aggregate Processing
The pit-run sand and gravel will be screened, crushed and washed to remove
silt-sized material prior to off-site sales or for further onsite processing into
concrete or asphalt. The wash-water containing this silt will be directed to a
settling pond to permit settling-out of the silt. The clarified water will be recycled
to the plant for continued washing, with any make-up water being provided by the
alluvial well located at the south-central portion of the property and outside the
slurry wall. The proposed pond system that will be utilized to facilitate these
washing steps is to be located adjacent to the plant processing area and will
service not only the aggregate-processing needs, but also the asphalt and
concrete batch plants. All water used in the operation will be recycled, except for
water lost in evaporation or lost as part of the shipped final products. The only
water subject to periodic discharge to the South Platte River will be from mine
de-watering and from pit-floor stormwater runoff. The discharge point will be
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 12 99024.WD
L.G.Everist,Inc. December, 1999
Banks and Gesso, LLC
directly to the South Platte River after clarification. A CPDES/Stormwater permit
will be obtained and maintained for this activity during the life of the project.
After processing, sand and gravel will either be utilized onsite for asphalt and
concrete to be shipped as a final product or be directly transported off-site by
haul trucks for use at other sites.
On-site mining, processing and reclamation equipment will include:
• Dozer,
• Loaders,
• Hydraulic Excavator,
• Radial stackers,
• Crushers,
• Portable conveyors,
• Screening plant,
• Trucks, and
• Scrapers.
Thickness of Overburden and Mineral Deposits
Approximately 3 ft. of topsoil will be removed and stockpiled for plant-growth
medium in surface reclamation, or utilized as backfill for the pit slopes and
reconstructed Lupton Bottom Ditch in conjunction with excavated, weathered
shale from the base of the deposit. This will leave an average of approximately
33 ft. of sand and gravel to be excavated and processed over the 78 acres to be
mined.
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 13 99024.WD
L.G. Everist,Inc. December, 1999
Banks and Gesso, LLC
Sequence of Activities on Site
The following is a listing of the sequence of land-disturbing activities associated
with the proposed Fort Lupton Sand and Gravel Mine project:
1. Construction of the initial portable processing plant area and
installation of the plants (aggregate, concrete and asphalt), excavation
and construction of the process-water ponds and piping systems,
construction of the access road to County Road 18 and the interior
haul road, and erection of the scale and scale-house/office will occur.
Stripping of these areas for topsoil salvage and stockpiling prior to
disturbance will be performed.
2. Topsoil removal, construction of de-watering trenches and mining of
Phase 1 will occur after the entire length of the Lupton Bottom Ditch on
the permit site is re-routed to the east of the current alignment. Excess
topsoil, any clay-seam spoils, and removed shale bedrock will be
mixed and backfilled against the near-vertical pit walls to produce the
final, undulating 3:1 and 2:1 pit slopes into the base of the future
reservoir.
3. The Lupton Bottom Ditch will have been temporarily relocated
approximately 175 ft. to the east. The original location of the ditch will
be mined. At the close of Phase 1 and prior to initiating Phase 2, the
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 14 99024.WD
L.G.Everist,Inc. December, 1999
Banks and Gesso, LLC
original ditch location will be reconstructed and the flows returned to
the new concrete-lined structure.
4. Construction of the de-watering trenches and the sump area in the
southeast corner of Phase 2 will occur along with topsoil removal.
Mining of this Phase will proceed as described for Phase 1. Pit slopes
will be backfilled and reconstructed as in Phase 1.
5. Construction of the de-watering trenches in Phase 3 and topsoil
removal will occur prior to mining. At the close of mining Phase 3 and
prior to initiating Phase 4, the north one-half of the Lupton Bottom
Ditch will be mined. After the original ditch location is completely
mined, it will be reconstructed and the flows returned to the new
concrete-lined structure. This will complete reconstruction of the entire
length of the ditch on the permit site. The overhead power line will be
relocated to the west side of the new ditch.
6. Phase 4 will be mined after topsoil is either stockpiled or combined
with weathered shale for backfill. As mining activities are completed to
the near-vertical at the mine-pit limits, pit slopes will be backfilled and
reconstructed as described above.
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 15 99024.WD
L.G.Everist,Inc. December, 1999
Banks and Gesso, LLC
7. Stripping of topsoil and construction of de-watering trenches will occur
prior to mining Phases 5 and 6 with discharge of groundwater, due to
dry mining, occurring at the southeast corner of the plant site. After all
aggregates are mined in these Phases, removal of the processing
plant and batching operations will occur as the final phase of mining
disturbance.
8. Final reclamation of the site with topsoiling and reseeding of all
remaining disturbed areas will occur. This includes all the pit edges,
shoreline slopes (above and slightly below the pre-determined
reservoir water level), any disturbance around the oil wells and tanks,
and the production water well. Backfilling of the pit slopes to an
undulating shoreline with 3:1 and 2:1 grades leading to the pit floor will
have been completed. Filling of the connected reservoirs with decreed
storage water will occur.
The estimated duration for mining of each phase is summarized below:
Phase 1 13.8 acres years 1-3
Phase 2 13.7 acres years 3-6
Phase 3 13.5 acres years 6-8
Phase 4 13.4 acres years 8-9.5
Phase 5 10.9 acres years 9.5-11
Phase 6 12.8 acres years 11-13
Assuming one year will be required for final reclamation of the plant site and haul
road after mining is completed, the estimated total duration for the project is 13
to17 years based on sales due to market conditions.
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 16 99024.WD
L.G.Everist,Inc. December, 1999
Banks and Gesso, LLC
EXHIBIT E — RECLAMATION PLAN
The post-mining land use for the Fort Lupton Sand and Gravel Mine permit area
will be for two connected water-storage reservoirs with surrounding wetland
vegetation producing beneficial wildlife habitat in the form of resting and feeding
areas for waterfowl. The reclamation plan is presented as follows:
Reclamation Process
Land disturbance on the permit area will begin with removal and stockpiling of
topsoil with a scraper prior to mining. Total disturbed areas (the affected area)
can be seen on Exhibit C. Topsoil will be utilized for future surface reclamation
as plant-growth medium and as a component of backfill for mined pit-slopes and
the reconstructed Lupton Bottom Ditch. Topsoil stockpile berms will be
strategically located over the permit site to facilitate easy access for reclamation.
Temporary revegetation of topsoil stockpiles will occur and be maintained until
the topsoil is reused in the reclamation process. Reclamation, as backfill, will be
concurrent with mining once the near-vertical pit slopes of the outer mining limits
are established down to the shale bed. Backfilling of the pit slopes and the
reconstructed Lupton Bottom Ditch will utilize excess topsoil salvaged during
mining and will be mixed with weathered shale bedrock removed from the base
of the sand and gravel deposit. The reclaimed shorelines for the reservoir ponds
will slope at 3:1, beginning inward until the slope is 10 ft. below the maximum
capacity for the designed reservoir water level, at which point a 2:1 grade will
complete the slope to the reservoir/pit floor. Exhibit F, the Reclamation Plan
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 17 99024.WD
L.G.Everist,Inc. December,1999
Banks and Gesso, LLC
Map, shows both a typical final configuration of the reservoir shorelines and a
cross-section through the mined pit-slopes showing how the slopes will be
backfilled to final grade.
There will be a large oversupply of topsoil obtained from the affected areas of
this mining permit. Overburden averages 3 ft. over the 78-acre area to be
stripped and excavated. The reclaimed shoreline, setbacks, and re-aligned ditch
areas amount to approximately 8 acres. Excess topsoil will be mixed with
approximately 3 ft. of scraped, weathered-shale bedrock from the pit floor to
construct the sloped pit-walls. The pre-mining process will salvage
approximately 411,400 cubic yards of topsoil and during the mining process,
approximately 370,000 cubic yards of weathered shale bedrock could be
salvaged to use as part of the backfill mix for the pit slopes and the reconstructed
Lupton Bottom Ditch. Approximately 177,000 cubic yards of backfill will be
required to reconstruct the ditch and approximately 384,400 cubic yards of
backfill will be required to slope the near-vertically mined pit walls. The topsoil
requirement as plant-growth medium for the disturbed surface acreage will be
approximately 12,400 cubic yards to cover the 8 acres at 12 inches deep. As
can be seen, there will be a large excess of topsoil stripped from the site. The
amount of topsoil required for surface reclamation as plant-growth medium is
minimal compared to the amount that is available. The operator will incorporate
excess backfill (comprised of topsoil and scraped shale bedrock) to create a
more naturally appearing undulating shoreline at the reclaimed site. Exhibit F,
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 18 99024.WD
L.G.Everist, Inc. December, 1999
Banks and Gesso, LLC
the Reclamation Plan Map, shows the typical undulating shorelines that will be
created by final reclamation of the mining site. Topsoil will be spread evenly over
all exposed, disturbed areas for plant-growth medium. The required amount of
topsoil to be used as plant-growth medium will always be maintained onsite to
ensure proper reclamation.
Topsoil Preservation
The location of the topsoil stockpiles will be within the permit area and in
locations close to final placement either as backfill or as plant-growth medium.
Typical topsoil berm locations can be seen on Exhibit C. As the near-vertical pit
slopes around the perimeter of the proposed mine pit limits are completed,
topsoil will be mixed with shale for constructing the final reclaimed slopes into the
pit floor in preparation for final grading and revegetation. The reconstructed
Lupton Bottom Ditch location will be created with the same backfill material and
will contain the same type of slopes at 3:1 and 2:1 leading to the final
reservoir/pit floor elevation.
Topsoil stockpiled in berms for later use in revegetation will be placed on a stable
surface within the permit area and will be clearly marked. These topsoil
stockpiles will be protected with temporary revegetation from disturbances
associated with the mining operation and from wind and water erosion,
compaction and other disturbances that would reduce its capability to support
permanent reclamation vegetation. The operator will be required to maintain
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 19 99024.WD
L.G.Everist,Inc. December, 1999
Banks and Gesso, LLC
only as much topsoil in storage for surface reclamation as will be required to
reclaim the 8 acres. The stockpiles will be broadcast seeded with a temporary
cover when stockpiles will remain in place for more than one growing season and
will be constructed with a minimum 2:1 slope.
Regrading and Shaping
The pit slopes and reconstructed ditch alignment will be backfilled from their
near-vertical mined condition and "mined-through" location, to an undulating
shoreline with rounded corners. The backfill will be placed in 3:1 and 2:1 slopes
leading to the reservoir/pit bottom, prior to topsoil placement, using a mixture of
shale from the pit floor and topsoil.
Approximately 1 ft. (12 inches) of topsoil will be placed on all disturbed level
areas around the reservoir ponds, along the reconstructed ditch alignment and
on all 3:1 slopes, both above and slightly below the expected high water-line, for
the filled reservoirs. Contour furrows will be established on the shoreline slopes
to reduce erosion and encourage stable plant growth. Topsoil will be smoothed-
out along the shoreline and furrowed as seedbed preparation for successful
native grass seeding and growth.
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 20 99024.WD
L.G.Everist, Inc. December, 1999
Banks and Gesso, LLC
Topsoil Replacement
Topsoil replacement to a thickness of approximately 1 ft. will occur following
sloping and regrading of all disturbed surface areas that will be exposed above
and slightly below the high-water level of the filled reservoirs within the permit
area.
Topsoil spread as plant-growth medium will be spread over ground that has been
smoothed and readied for topsoil replacement. Due to the loose and permeable
nature of the sand and gravel over the slightly disturbed pit edges (containing the
slurry wall), ripping or scarifying of the disturbed ground will not be required.
Disking of the topsoil may be required due to compaction while in storage, and
this will be performed prior to seeding, if necessary.
Reveqetation
All surface areas disturbed by mining activities will be topsoiled and drill-seeded
for final reclamation with the seed mixes shown in Tables E-1 and E-2. These
two seed mixes have been developed, based on recent correspondence (August
12, 1999) with the United States Department of Agriculture (USDA), who
specified these mixes for another similar site near to this permit proposal. A copy
of this correspondence follows Tables E-1 through E-3 in this Exhibit. The seed
mix specified in Table E-3 is for use on topsoil storage berms that will be located
in their positions for a short duration, but will require a rapid-growing seed mix.
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 21 99024.WD
L.G.Everist,Inc. December, 1999
Banks and Gesso, LLC
This mix will be applied to any topsoil berm that will remain for longer than one
year.
The two permanent seed mixes were developed based on the reclamation
location for which they will be applied: near the water's edge of the reservoir
ponds and the surrounding pit edges over and near to the slurry wall, the
reconstructed ditch alignment, the site of the scale and scale house/office and
any surficial disturbance near to the oil wells and tanks. This seed mix will also
be used for seeding of the visual and noise barrier berm in the northwest corner
of the site. This berm will remain for the life of the operation until final
reclamation.
Recommendations given in the letter will be followed as described with regard to
the method of seeding, seeding dates, fertilization, and follow-up maintenance for
weed control by mowing. Mowing will be performed for at least two years after
seeding to help establish regenerating stands of grasses and to control weed
infestation. Seeded areas will not be mulched with a straw or hay mulch, as no
large areas will be exposed to wind or rain erosion.
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 22 99024.WD
L.G. Everist, Inc. December, 1999
Banks and Gesso, LLC
TABLE E-1
SEED MIX— Permanent Mix for Waters Edge
COMMON NAME PLS2 PERCENT (%)
GRASSES VARIETY1 LB/AC OF MIX 3
Big bluestem Kaw 5.5 20
Green needlegrass Lodorm 5.0 10
Switchgrass Grenville or Black 2.5 20
Western wheatgrass Arriba or Barton 8.0 50
'Availability 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.
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 23 99024.WD
L.G.Everist, Inc. December, 1999
Banks and Gesso, LLC
TABLE E-2
SEED MIX — Permanent Mix for Pit Edges, Reconstructed Ditch & Other
Disturbed Areas
COMMON NAME PLS2 PERCENT (%)
GRASSES VARIETY 1 LB/AC OF MIX 3
Western wheatgrass Arriba or Barton 8.0 50
Sideoats grama Vaughn 4.5 30
Blue grama Hachita or Lovington 1.5 20
'Availability 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.
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 24 99024.WD
L.G.Everist,Inc. December, 1999
Banks and Gesso, LLC
TABLE E-3
SEED MIX-- Temporary Cover for Topsoil Berms
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.
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 25 99024.WD
L.G.Everist,Inc. December, 1999
UNITED STATES NATURAL RESOURCES 57 W. BROMLEY LANE
DEPARTMENT OF CONSERVATION BRIGHTON, CO. 80601
AGRICULTURE SERVICE (303) 659-7004
A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A
August 17, 1999
Banks & Gesso
c/o Katrina
720 Kipling, Suite 117
Lakewood, CO 80215
Dear Katrina,
I have enclosed several seeding recommendations per your request . The
first four recommendations are for the site located at the W2 of S21
and the E2 of S20-T3n-R67w. These recommendations are based on the
varying soil types . Two recommendations are for the Water' s Edge
area, and two are for the Upland areas .
Water' s Edge Recommendations :
Soil #3 and some of #4 are considered Salt Meadow range sites . Soil
#4 can also be considered a Wet Meadow site, and soil #10 is a Sandy
Bottomland site . Use the Salt Meadow recommendation for areas where
soil #3 predominates, and the Wet Meadow recommendation for where soil
4 and 10 predominate .
Upland Recommendations :
Soil #4 could occur as an upland site, if it does then refer to the
Wet Meadow recommendation. Soils #1, #39, #65, #82 , #83 are Loamy
Plains range sites . Use the upland Loamy Plains recommendation for
these areas . Soil #61 is a Sandstone Breaks range site, and the
Sandstone Breaks recommendation should be used for this area .
Water' s Edge Recommendation for Site Located at S2NW4 S30-T2n-R66w:
Soil #3 is dominant in this area, refer to the Salt Meadow
recommendation for this site .
General Information:
I have written all of the above recommendations based on normal
seeding rates . However, the seeding rates can be doubled if the site
is requiring critical area treatment due to slope length, severe
potential for erosion, irrigation, or heavy traffic . The total pounds
of Pure Live Seed needed were not calculated, as I am not aware of the
total acreage to be seeded. Please do not hesitate to contact me if
you have any questions .
Sincerely,
Donna Sue Turbett
Rangeland Management Specialist
Sheet1
ai Wakt.'s Plied Zipland
USDA !MRCS COLORADO O-ECS-5 I
PART 1 GRASS SEEDING PLANNED
PRODUCER: PLANNER: DATE: CIN#: FIELD#: PRACTICE ACRES:
Katrina DS Turbett 81799 512-
IRRIGATED LAND RESOURCE I RANGE
OR DRYLAND AREA SITE
Dryland 67 Wet Meadow ,.
SEEDBED PREPARATION SEEDING OPERATION 1
METHOD: Cover crop METHOD: Drill
DATES: Mid-May to mid-June DATES: 11-1 to 4-30 on unfrozen ground
DEAD LITTER COVER: Sorghum I DRILL SPACING: 7"to 12"
POUNDS OF LITTER NEEDED:2000# TYPE: Grass
TYPE OF SEEDBED: Clean,firm,weed-free PLANTING DEPTH 1/4"to 3/4" ,
SEEDING RECOMMENDATIONS _ I
I 1
SPECIES VARIETY REQUIRED PLS %OF 1 PLS IPLANNED TOTAL PLS
RATES PER ACRE SPECIES I SEEDING ACRES LBS PER
IN MIX RATE/ACRE SPECIES
Big bluestem Kaw 5.50 20% 1.101 0.00
Western wheatgrass Arriba or Barton 8.00 50% 4.00 0.001
_
Switchgrass Grenville or Black 2.50 20% 0.50 0.001
—
Green needlegrass Lodorm 5.00 10%I 0.501 0.001
0.001 0.001
0.001 0.001
0.00] 0.001
0.001 0.001
0.001 0.001
0.001 0.001
Page 1
Sheetl
USDA NRCS Z/,oi COLORADO CO-ECS-5
PART 1 GRASS SEEDING PLANNED
PRODUCER: PLANNER: DATE: CIN#: FIELD#: PRACTICE ACRES:
Katrina DS Turbett 81799 512
IRRIGATED LAND RESOURCE RANGE _
OR DRYLAND AREA SITE
Dryland 67 L:aaHl Rlithl ' Tit
SEEDBED PREPARATION SEEDING OPERATION _
METHOD: Cover crop METHOD: Drill
DATES: Mid-May to mid-June _ DATES: 11-1 to 4-30 on unfrozen ground
DEAD LITTER COVER: Sorghum _ DRILL SPACING: 7"to 12"
POUNDS OF LITTER NEEDED:2000# _ TYPE: Grass
TYPE OF SEEDBED: Clean,firm,weed-free PLANTING DEPTH 1/4"to 3/4"
SEEDING RECOMMENDATIONS _
SPECIES VARIETY REQUIRED PLS % IPLS PLANNED TOTAL PLS
RATES PER ACRE SPECIESI SEEDING ACRES LBS PER
_,- IN MIX RATE/ACRE SPECIES
Sideoats grama Vaughn or Butte 4.50 30%. 1.35 0.00 _
Western wheatgrass Arriba or Barton 8.00 50%I 4.00 0.00
Blue grama Hachita or Lovingt _ 1.50 20%I 0.30 0.00
0.00 0% 0.00 0.00
0.00 0.00
0.00 0.00
0.00 _0.00
0.00 0.00
0.00 _0.00 _
0.00_ 0.00
Page 1
Banks and Gesso, LLC
EXHIBIT F — RECLAMATION PLAN MAP
The proposed reclaimed undulating shoreline (typical) around the two reservoir
ponds and a cross-section through a typical backfilled mined pit slope are shown
on Exhibit F, the Reclamation Plan Map. A detail showing the arrangement of
replaced man-made structures along the reconstructed Lupton Bottom Ditch
alignment is also shown.
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 26 99024.WD
L.G.Everist,Inc. December, 1999
Banks and Gesso, LLC
EXHIBIT G —WATER INFORMATION
Overview
This section describes the existing water features in and nearby the proposed
mining permit area, potential impacts on water resources due to mining, and
water requirements for the project. Local surface water features in the vicinity of
the project are shown on Exhibit B, Index Map and on Exhibit C, Pre-Mine and
Mine Plan Map. Wells potentially within 600 feet of the proposed permit area are
shown and described in the accompanying "Temporary Substitute Supply Plan"
submitted as part of this Exhibit and also submitted to the Colorado State
Engineer for approval. The entire permit area is located within the 100-year
floodplain of the South Platte River and is shown on a floodplain map located at
the end of this Exhibit. The map is titled "Flood Hazard Development Permit
Map", as it is being submitted as part of a Weld County permit and is being used
here for illustrative purposes only.
Mining of the proposed excavation area of the permit will be by the "dry-mining"
Method, pumping alluvial groundwater from within the areas to be mined after a
slurry wall has been emplaced around the perimeter of the permit area and
keyed into the shale bedrock underlying the sand and gravel of the deposit. This
method will preclude offsite impacts to alluvial water supplies due to drawdown of
the water table in the mining area by de-watering and will serve to create an
isolated water-storage reservoir as part of the final reclamation of the site.
Mining will expose approximately 3.25 surface acres the first year and 5.7
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 27 99024.WD
L.G.Everist, Inc. December, 1999
Banks and Gesso, LLC
surface acres the second year and will consecutively expose 5.7 surface acres
for every year after the second year, for the duration of the operation.
Surface Water
The nearest major watercourse is the South Platte River, which flows
approximately 250 ft. from the southeast edge of the permit boundary. Final
discharge from de-watering the excavation areas of the permit site will be made
near the southeast corner of the permit area, after clarification in a sump area,
via an open trench to the South Platte River. Prior to any discharge activity to
the South Platte River, the operator will obtain a CPDES/Stormwater discharge
permit.
The only surface water feature to be altered by the mining of this proposed
permit will be the Lupton Bottom Ditch that crosses the center of the property
from south to north. The Lupton Bottom Ditch will be mined through and
reconstructed in its original location as more fully-described in Exhibit D, the Mine
Plan.
Groundwater
The approximate locations of wells located within 600-feet of the permit boundary
for the site are shown and described in the accompanying "Substitute Supply
Plan" submitted as part of this Exhibit. The two wells listed as being within 600-
feet of permit boundary are both alluvial and bedrock, which derives its waters
from a bedrock aquifer (the Parker well to the north of the permit area). Both
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 28 99024.WD
L.G.Everist, Inc. December, 1999
Banks and Gesso, LLC
alluvial and bedrock wells do exist in the area. An alluvial well is owned by the
applicant and is located within the permit area. The well is currently operated for
farm irrigation and will be maintained for"makeup" wash-water for the aggregate
and batching operations. A "change in use" application for this well will be
processed through the State Engineers Office.
Consumptive Use of Water
Consumptive use of water will be through dust suppression in the plant area, on
the interior haul road and access road to Weld County Road 18, and through
evaporative loss from stockpiles and alluvial groundwater exposed due to mining.
The total annual depletion of South Platte River water due to these factors will be
30.0 acre-feet for the first year and 42.0 acre-feet per year for the remainder of
the mining process. An annual accounting of the consumptive use of the mining
operation's water needs is required to be submitted to the State as part of the
Substitute Supply Plan. A more complete description of the consumptive use of
water by this operation is contained in the copy of the "Temporary Substitute
Supply Plan" which is contained within this Exhibit.
Water Rights
The applicant owns 2.25 shares of capital stock of the Lupton Bottom Ditch
Company. These shares have historically been valued at 475 acre-feet per year
for irrigation purposes. These ditch rights will be converted for the consumptive
use of groundwater exposed due to aggregate mining, losses due to product
washing and batching of concrete and dust suppression on the site.
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 29 99024.WD
L.G.Everist,Inc. December, 1999
Banks and Gesso, LLC
Temporary Substitute Supply Plan
As part of this Ft. Lupton Sand and Gravel Mine Regular "112" permit submittal
for mining in the alluvium of the South Platte River and exposing groundwater, a
"Temporary Substitute Supply Plan" has been prepared and is being submitted to
the Colorado State Engineer as part of the mining approval. For reference, the
plan is contained within this Exhibit.
Ft. Lupton Sand and Gravel Mine.CDMG.112 Permit 30 99024.WD
L.G.Everist, Inc. December, 1999
ME Banks and Gesso, LLC 720 Kipling St.,Suite117
�■ Lakewood, Colorado 80215
(303) 274-4277
Fax(303) 274-8329
www.banksandgesso.com
December 19,1999
Mr. Hal Simpson, P.E.
State Engineer
1313 Sherman St.
Denver, CO 80203
RE: Substitute Supply Plan, Ft. Lupton Sand and Gravel Mine, owned and operated
by L.G. Everist, lae.
Dear Mr. Simpson:
L.G. Everist, Inc. submits this substitute supply plan for the Ft. Lupton Sand and Gravel Mine,
located in the S1/2 of the N W 1/4 of Section 30, in T2N, R66W, Weld County, Colorado
(Exhibit B). The following plan is based on the General Guidelines issued by your office in
1996.
PROJECT DESCRIPTION
1. L.G. Everist, Inc. proposes to establish a sand and gravel mining and processing operation as
shown on the enclosed location map (Exhibit B, MLRB 112 Permit Application).
2. The property comprises 85.0 acres total. The completed operation will result in one
isolated reservoir of approximately 82.9 surface acres, consisting of two ponds
separated by the Lupton Bottom Ditch. The proposed reservoir will be constructed
with a slurry wall within the first two years of the operation. Exhibit C, Pre-Mining
and Mining Plan Map, and Exhibit D, Mining Plan, were prepared for the MLRB 112
Permit Application and are enclosed, which describe the mining operation in detail.
A Glover analysis was performed to determine the lagged mining depletions and
replacement .
3. A statutory fee of$ 1343.00 is enclosed for a new substitute supply plan request.
DEPLETIONS
4. The depletions from mining of the Ft. Lupton Sand and Gravel Mine will result from
evaporation and water lost in the product and dust suppression. The gross
evaporation of 45.0 in/y was determined from the NOAA Technical Report NWS 33,
Map #3. The calculation was based on the SEO draft criteria dated 1996.
Banks and Gesso, LLC
Mr. Hal Simpson
December 19, 1999
Page 2
In the past, irrigation on the property was by flood irrigation methods using the 2.25
shares owned in the Lupton Bottom Ditch. Table 1 shows the estimated evaporation
loss on a monthly basis.
The proposed operation will mine approximately 300,000 tons of product for the first
year and approximately 500,000 tons of product the second year of operation. The
operation is estimated to expose 5.25 surface acres in the first year and 7.7 acres the
second year. Table 2, shows the monthly distribution of mined product.
Approximately 4.5 ac*ft/y of water will be used for dust suppression. The monthly
distribution of evaporation loss is also shown on Table 2. Total evaporation depletion
from product is 9.03 ac*ft/y for the first year and 14.75 ac*ft/y the next year. The
total annual depletions is 29.26 ac*ft/y and 42.3 ac*ft/y respectively, which includes
the water from dust suppression. Since the pit will not be lined until the second year
into the operation, we will replace depletions on a monthly basis as incurred.
5. L.G. Everist, Inc. plans to mine approximately 300,000 tons the first year of operation
and 500,000 tons per year until completion. The water surface exposed to the
atmosphere will consist of a recharge pond, the mined pit and a dewatering trench, to
be located in the SE1/4 of the property, approximately 800 feet from the South Platte
River in Section 30, T2N, R66W.
The exposed water surface consists of the following:
Year 1:
Exposed from mining 3.25 acres
Dewatering trench 1.00 acres
Recharge pond 1.00 acres
Total 5.25 acres
Year 2:
Exposed from mining 5.69 acres
Dewatering trench 1.00 acres
Recharge pond 1.00 acres
Total 7.69 acres
6. The timing of lagged depletions and lagged recharge for the Ft. Lupton Sand and
Gravel Mine were calculated using the Glover Analysis Method and is enclosed.
7. No phreatophyte credit is being claimed.
Ft. Lupton Sand and Gravel Mine, SSP 2 99024 WD
L.G. Everist, Inc. December 19, 1999
Banks and Gesso, LLC
Mr. Hal Simpson
December 19, 1999
Page 3
REPLACEMENT SOURCES
8. We propose to replace depletions from historic consumptive use of the Lupton
Bottoms Ditch (Table 3). The Total Net Replacement available from ditch diversions
is 285.3 ac*ft/y, after 60% efficiency was applied.
The Total Potential CU available was determined for 85.0 acres of crops using
Blaney-Criddle methods, and shown on Table 4 and Table 7. The crops consisted of
approximately 30 acres of pinto beans, and 55 acres of lettuce (small vegetable). As
shown on Table 5, the Total Potential CU from the 85.0 acres of crops is 121.87
ac*ft/y, more than enough to meet depletions from mining.
The Total Net Replacement needed, will be less due to the continued farming of the
property not yet being mined during the operation. Replacement will be provided for
by dry-up of approximately 25% (30.0 ac*ft/y) of the total 85 acres of the crop
acreage for the first year, and 35% (43.0 ac*ft/y) of the total acreage for the next year.
The recharge will be replaced via a recharge pond located in the SW 1/4 of the
property, approximately 800 feet from the South Platte River(Exhibit B).
9. Water rights used on the property are being proposed for this plan. L.G Everist, Inc.,
owns a total of 2.25 shares in the Lupton Bottoms Ditch, which is approximately
475.5 ac*ft/y, and will be utilized for replacing depletions.
OPERATION OF PLAN
10. We have enclosed an accounting sheet for monthly estimates taken during the mining
operation.
11. Tables 1, 2, 3, 4, 5, 6, and 7, show the following items: gross evaporation, net
replacement, amount of mined material, water removed from product, replacement
resources, a historical consumptive use credit estimate, and transportation losses.
12. Well consent forms have been sent to well owners within 600 feet of the proposed
operation site. Copies of the consent forms are enclosed.
If you have any questions, please feel free to call me at (303) 274-4277.
Since ly,
Jo Cunningh
Enclosures
Ft. Lupton Sand and Gravel Mine, SSP 3 99024 WD
L.G. Everist, Inc. December 19, 1999
TABLE 1
Evaporation Depletion Analysis
Ft. Lupton Sand &Gravel Mine
Ground Elevation : 4870 ft
Month Gross Gross Gross Total Eff. Net Net
Evap. Evap. Evap. Precip. Precip. Evap. Evap.
(%) (in) (ft) (in) (in) (in) (ft)
Column—> 1 2a 2b 3 4 5a 5b
Jan 3.00 1.35 0.11 0.38 0.27 1.08 0.09
Feb 3.50 1.58 0.13 0.40 0.28 1.30 0.11
Mar 5.50 2.48 0.21 0.96 0.67 1.81 0.15
Apr 9.00 4.05 0.34 1.68 1.18 2.87 0.24
May 12.00 5.40 0.45 2.60 1.82 3.58 0.30
Jun 14.50 6.53 0.54 1.57 1.10 5.43 0.45
Jul 15.00 6.75 0.56 1.09 0.76 5.99 0.50
Aug 13.50 6.08 0.51 1.15 0.81 5.28 0.44
Sept 10.00 4.50 0.38 1.22 0.85 3.65 0.30
Oct 7.00 3.15 0.26 0.90 0.63 2.52 0.21
Nov 4.00 1.80 0.15 0.56 0.39 1.41 0.12
Dec 3.00 1.35 0.11 0.42 0.29 1.06 0.09
Total 100.00 45.02 3.75 12.93 9.10 35.92 2.99
Column 1 Evaporation distribution from SEO draft criteria dated 1996.
2 Mean evaporation from NWS 33.
3 Mean monthly precipitation from Longmont station,(Table 6).
4 Effective precipitation=70%of Total precipitation(col.3).
5 Net evaporation=Gross evap.(col.2)-Eff.Precip.(col.4).
Banks and Gesso, LLC. -12/9/1999- Ft. Lupton Sand and Gravel Mine
TABLE 2
Total Depletion Analysis
Ft. Lupton Sand and Gravel Mine
Ground Elev. =4870 ft
Month Net Area Evap. Product Product Dust Net Net
Evap. Exposed Depl. (x1000) Water Supp. Depl. Dept.
(ft) (acres) (ac•ft) (tons) (ac•ft) (ac•ft) (ac•ft) (gpm)
Column--> 1 2 3 4 5 6 7a b
Jan 0.09 5.25 0.47 0.00 0.00 0.16 0.63 4.73
Feb 0.11 5.25 0.58 14.40 0.42 017 1.17 8.77
Mar 0.15 5.25 0.79 25.20 0.74 0.22 1.75 13.11
Apr 0.24 5.25 1.26 40.80 1.20 0.36 2.82 21.14
May 0.30 5.25 1.58 40.80 1.20 0.42 3.20 23.94
Jun 0.45 5.25 2.36 40.80 1.20 0.67 4.24 31.71
Jul 0.50 5.25 2.63 40.80 1.20 0.72 4.55 34.05
Aug 0.44 5.25 2.31 26.40 0.78 0.64 3.73 27.91
Sept 0.30 5.25 1.58 26.40 0.78 0.48 2.83 21.21
Oct 0.21 5.25 1.10 18.00 0.53 0.31 1.94 14.55
Nov 0.12 5.25 0.63 18.00 0.53 0.19 1.35 10.11
Dec 0.09 5.25 0.47 14.40 0.42 0.14 1.04 7.76
Sub-Total 3.00 15.75 300.00 9.03 4.48 29.26 219.00
Jan 0.09 7.69 0.69 0.00 0.00 0.16 0.85 6.38
Feb 0.11 7.69 0.85 24.00 0.71 0.17 1.72 12.90
Mar 0.15 7.69 1.15 42.00 1.24 0.22 2.61 19.56
Apr 0.24 7.69 1.85 68.00 2.01 0.36 4.21 31.52
May 0.30 7.69 2.31 68.00 2.01 0.42 4.73 35.43
Jun 0.45 7.69 3.46 68.00 2.01 0.67 6.14 45.93
Jul 0.50 7.69 3.85 68.00 2.01 0.72 6.57 49.19
Aug 0.44 7.69 3.38 44.00 1.30 0.64 5.32 39.83
Sept 0.30 7.69 2.31 44.00 1.30 0.48 4.09 30.58
Oct 0.21 7.69 1.61 30.00 0.89 0.31 2.81 21.03
Nov 0.12 7.69 0.92 20.00 0.59 0.19 1.70 12.75
Dec 0.09 7.69 0.69 24.00 0.71 0.14 1.54 11.53
Sub-Total 3.00 23.07 500.00 14.75 4.48 42.30 316.63
Total 6.00 38.82 800.00 23.78 8.96 71.56 535.62
Column 1 Net evap.from Table 1 converted.
2 Dewatering trench,recharge pond,exposed surface from mining.
3 Evap.Depl.=Net evap.(col.1)•Area exposed(col.2).
4 Proposed product to be mined from pit.
5 Product water=Product mined(col.4)•(1000.0)•(.0000295).
6 Water to be used for dust suppresion(4.5 ac•ft/y).
7 Net depl.=Evap.Depl.(col.3)+Product water(col.5)+Dust supp.(col.6).
Banks and Gesso, LLC. -12/9/1999- Ft. Lupton Sand and Gravel Mine
Table 3
Ft. Lupton Sand & Gravel Mine
Diversion Records for Lupton Bottoms Ditch (1950 - 1996)
Year Jan Feb Mar Apr May Jun July Aug Sept Oct Nov Dec Total
1950 1087.0 2454.0 4584.0 3850.0 3019.0 2856.0
1951 0.0 3416.0 5215.0 5673.0 3231.0 2707.0
1952 337.0 3614.0 6595.0 5113.0 3612.0 2848.0
1953 0.0 3406.0 5290.0 3939.0 3796.0 2834.0
1954 1141.0 2926.0 2838.0 3019.0 3005.0 2852.0
1955 536.0 3261.0 2926.0 2924.0 3205.0 2473.0
1956 1010.0 3785.0 4786.0 3009.0 2969.0 2668.0
1957 0.0 426.0 3316.0 5324.0 3941.0 2469.0
1958 63.5 1444.0 4429.0 3370.0 3025.0 2551.0
1959 0.0 2618.0 4921.0 3884.0 3525.0 2331.0
1960 1214.0 1857.0 5344.0 4792.0 3158.0 2711.0
1961 139.0 2404.0 2428.0 3874.0 4836.0 1553.0
1962 496.0 4729.0 3554.0 4350.0 3310.0 2795.0
1963 916.0 2906.0 2541.0 2965.0 3306.0 2553.0
1964 426.0 2975.0 2979.0 3291.0 3600.0 2779.0
1965 1214.0 2920.0 1490.0 4425.0 4389.0 1958.0
1966 1579.0 3055.0 2999.0 3146.0 3275.0 2299.0
1967 2085.0 2273.0 583.0 2180.0 3457.0 2811.0
1968 1202.0 2856.0 4015.0 3969.0 4019.0 3070.0
1969 1543.0 2073.0 1938.0 5373.0 4267.0 2866.0
1970 0.0 3465.0 2497.0 5262.0 5074.0 1938.0
1971 286.0 1954.0 5461.0 5437.0 3794.0 1496.0
1972 2136.0 2799.0 2543.0 4298.0 3168.0 843.0
1973 0.0 248.0 3463.0 5457.0 4483.0 1682.0
1974 107.0 3632.0 3737.0 4495.0 3846.0 1468.0
1975 522.0 2795.0 2450.0 5177.0 3995.0 2077.0
1976 1742.0 2662.0 3854.0 4203.0 4663.0 1791.0
1977
1545.0 3644.0 3400.0 2801.0 3076.0 2684 0
1978 5.0 1355.0 3723.0 4584.0 3372.0 2713.0
1979 1 I I 1770.0 1682.0 2729.0 5980.0 2918.0 23111 0 I
Banks and Gesso, LLC -12/9/1999- Ft. Lupton Sand and Gravel Mine
1980 0.0 526.0 4255.0 5113.0 4445.0 2398.0
1981 805.0 2031.0 2104.0 3334.0 3344.0 2565.0
1982 1946.0 2315.0 2348.0 4209.0 4159.0 1734.0
1983 0.0 538.0 855.0 3606.0 4620.0 2134.0
1984 0.0 1874.0 3683.0 5492.0 3483.0 1904.0
1985 1769.0 1412.0 4584.0 4346.0 4707.0 2711.0
1986 589.0 2781.0 3834.0 5930.0 4763.0 2854.0
1987 635.0 2991.0 4239.0 4322.0 4132.0 2567.0
1988 787.0 3574.0 4453.0 4655.0 4034.0 2196.0
1989 1410.0 4058.0 2872.0 4485.0 4479.0 1420.0
1990 339.0 3610.0 3955.0 4895.0 4267.0 2178.0
1991 1868.0 3227.0 3396.0 5816.0 5060.0 2406.0
1992 708.0 3790.0 3736.0 5202.0 3488.0 2053.0
1993 373.0 3286.0 3665.0 5448.0 3703.0 2205.0
1994 1345.0 3796.0 4516.0 3505.0 3765.0 2469.0
1995 1268.0 1107.0 1326.0 4117.0 5902.0 2462.0
1996 1552.0 3828.0 3535.0 5160.0 4041.0 1769.0
Total(ac*ft) 0.00 0.00 17.50 38495.50 124378.00 163984.00 205799.00 181726.00 109012.00 980.00 48.50 0.00 824440.50
Aver.(ac'ft) 0.00 0.00 0.37 819.05 2646.34 3489.02 4378.70 3866.51 2319.40 20.85 1.03 0.00 17541.29
Aver. (ac•ft) 0.00 0.00 0.01 22.20 71.74 94.59 118.71 104.82 62.88 0.57 0.03 0.00 475.54
for 2.25 shares
1 share = 211 ac*ft/y
B;
Banks and Gesso, LLC-12/9/1999- Ft. Lupton Sand and Gravel Mine
Table 4
Actual Average Consumptive Use
Ft. Lupton Sand and Gravel Mine
Total Acreage = 84.92 acres
Mar Apr May Jun Jul Aug Sept Oct Nov Total
1 Pot'l CU (ac*ft) 0.00 1.94 8.62 26.96 42.91 30.83 10.19 0.42 0.00 121.87
2 Ditch Diver. (ac*ft) 0.01 22.20 71.74 94.59 118.71 104.82 62.88 0.57 0.03 475.55
3 Application (ac*ft) 0.01 13.32 43.04 56.75 71.23 62.89 37.73 0.34 0.02 285.33
4 Actual CU (ac*ft) 0.00 1.94 8.62 26.96 42.91 30.83 10.19 0.34 0.00 121.79
Row 1 Potential CU (ac*ft)=Average(ac*ft)for 84.9 acres from Table 7.
2 Ditch Diversion average from Table 3. (2.25 shares in Lupton Bottoms Ditch)
3 Application=60%of Ditch Diversions(row 2).
4 Actual CU=If(Appl. <Poll CU, then Appl., else Poll CU).
Banks and Gesso, LLC. -12/9/1999- Ft. Lupton Sand and Gravel Mine
Table 5
Total Replacement
Ft. Lupton Sand and Gravel Mine
Month Actual Actual Lagged Mining Mining Lagged Net Recharge
CU CU Recharge Depl. Depl. Mining Depl. DepliSurplus
800 ft
(ac*ft) (gpm) (ac*ft) (ac*ft) (gpm) (ac*ft) (ac*ft)
Column a 1a b 2 3a b 4 5
Jan 0.00 0.00 0.95 0.63 4.73 1.46 -0.51
Feb 0.00 0.00 0.69 1.17 8.79 1.37 -0.68
Mar 0.00 0.00 0.50 1.75 13.14 1.57 -1.06
Apr 0.48 3.57 0.52 2.82 21.18 2.04 -1.51
May 2.11 15.86 1.10 3.20 24.03 2.49 -1.39
Jun 6.61 49.61 3.04 4.24 31.84 3.08 -0.05
Jul 10.51 78.95 5.79 4.55 34.17 3.62 2.16
Aug 7.55 56.73 6.55 3.73 28.01 3.65 2.89
Sept 2.50 18.75 4.88 2.83 21.25 3.31 1.57
Oct 0.08 0.63 2.92 1.94 14.57 2.79 0.13
Nov 0.00 0.00 1.85 1.35 10.14 2.27 -0.43
Dec 0.00 0.00 1.32 1.04 7.81 1.86 -0.54
Sub-Total 29.84 224.09 30.11 29.25 219.67 29.52 0.59
Jan 0.00 0.00 1.36 0.85 6.38 2.08 -0.72
Feb 0.00 0.00 0.99 1.72 12.92 1.96 -0.98
Mar 0.00 0.00 0.72 2.61 19.60 2.28 -1.56
Apr 0.68 5.10 0.75 4.21 31.62 3.00 -2.25
May 3.02 22.66 1.57 4.73 35.52 3.68 -2.11
Jun 9.44 70.86 4.34 6.14 46.11 4.51 -0.17
Jul 15.02 112.79 8.27 6.57 49.34 5.26 3.01
Aug 10.79 81.04 9.35 5.32 39.95 5.27 4.08
Sept 3.57 26.78 6.99 4.09 30.72 4.77 2.22
Oct 0.12 0.90 4.17 2.81 21.10 4.04 0.13
Nov 0.00 0.00 2.64 1.70 12.77 3.21 -0.57
Dec 0.00 0.00 1.88 1.54 11.57 2.63 -0.74
Sud-Total 42.63 320.14 43.02 42.29 317.60 42.68 0.34
Total 72.47 544.23 73.12 71.54 537.27 72.20 0.92
Column 1 Actual CU =Actual CU, pro-rated for dry-up(Table 4, Row,4).
* 1st year=25%of Total acreage,2nd year=35%of Total acreage.
2 Lagged Recharge= Calc. Replacement from Glover.
3 Mining Depl. = Net Depl. (Table 2, Col. 7).
4 Lagged Mining Depl. =Calc. Replacement from Glover.
5 Net Recharge (depl./surplus) = Recharge (Col. 2) - Lagged Mining Delp. (Col. 4).
Table 6
Precipitation Data from Fort Lupton Station
Ft. Lupton Sand & Gravel Mine
Year Jan Feb Mar April May Jun Jul Aug Sept Oct Nov Dec Total
1931 0.0 115.0 50.0 162.0 191.0 126.0 62.0 98.0 17.0 132.0 26.0 15.0 994.0
1932 11.0 64.0 36.0 95.0 115.0 218.0 202.0 91.0 27.0 61.0 17.0 12.0 949.0
1933 12.0 2.0 33.0 296.0 271.0 131.0 82.0 179.0 147.0 0.0 23.0 60.0 1236.0
1934 0.0 73.0 58.0 70.0 211.0 162.0 116.0 23.0 53.0 0.0 1.0 1.0 768.0
1935 3.0 60.0 22.0 0.0 713.0 62.0 142.0 110.0 204.0 43.0 31.0 1.0 1391.0
1936 11.0 11.0 69.0 56.0 178.0 269.0 15.0 74.0 142.0 93.0 3.0 38.0 959.0
1937 12.0 31.0 51.0 66.0 161.0 269.0 67.0 22.0 12.0 22.0 45.0 92.0 850.0
1938 74.0 13.O 51.0 233.0 417.0 132.0 41.0 64.0 602.0 41.0 84.0 43.0 1795.0
1939 52.0 73.0 50.0 127.0 125.0 83.0 8.0 29.0 73.0 33.0 3.0 21.0 677.0
1940 51.0 51.0 172.0 114.0 201.0 71.0 245.0 16.0 346.0 18.0 24.0 30.0 1339.0
1941 47.0 3.0 53.0 290.0 308.0 115.0 170.0 412.0 122.0 127.0 44.0 119.0 1810.0
1942 103.0 145.0 19.0 391.0 134.0 318.0 143.0 57.0 51.0 336.0 27.0 19.0 1743.0
1943 8.0 22.0 68.0 176.0 345.0 124.0 131.0 67.0 0.0 0.0 40.0 21.0 1002.0
1944 70.0 37.0 144.0 381.0 180.0 62.0 112.0 19.0 2.0 8.0 100.0 24.0 1139.0
1945 59.0 33.0 11.0 286.0 164.0 222.0 99.0 521.0 121.0 41.0 25.0 35.0 1617.0
1946 20.0 17.0 40.0 127.0 473.0 132.0 205.0 207.0 99.0 223.0 0.0 0.0 1543.0
1947 0.0 81.0 24.0 128.0 300.0 250.0 250.0 200.0 0.0 0.0 41.0 13.0 1287.0
1948 145.0 20.0 67.0 165.0 92.0 214.0 0.0 0.0 0.0 45.0 46.0 45.0 839.0
1949 222.0 0.0 192.0 181.0 746.0 449.0 253.0 30.0 0.0 0.0 0.0 9.0 2082.0
1950 49.0 9.0 31.0 231.0 0.0 179.0 39.0 0.0 39.0 14.0 115.0 14.0 720.0
1951 96.0 50.0 52.0 120.0 97.0 111.0 220.0 300.0 83.0 189.0 17.0 84.0 1419.0
1952 0.0 0.0 87.0 166.0 248.0 0.0 10.0 117.0 12.0 32.0 111.0 11.0 794.0
1953 43.0 49.0 81.0 104.0 193.0 15.0 169.0 125.0 0.0 12.0 70.0 37.0 898.0
1954 39.0 5.0 41.0 40.0 84.0 35.0 214.0 100.0 97.0 55.0 36.0 28.0 774.0
1955 16.0 58.0 45.0 9.0 173.0 127.0 163.0 286.0 317.0 88.0 38.0 20.0 1340.0
1956 39.0 81.0 80.0 92.0 72.0 31.0 129.0 144.0 0.0 39.0 88.0 0.0 795.0
1957 0.0 0.0 0.0 0.0 0.0 105.0 75.0 227.0 77.0 111.0 10.0 0.0 605.0
1958 40.0 26.0 136.0 152.0 495.0 130.0 215.0 32.0 106.0 38.0 25.0 75.0 1470.0
1959 79.0 106.0 253.0 122.0 238.0 41.0 17.0 89.0 203.0 221.0 3.0 6.0 1378.0
1960 82.0 110.0 55.0 142.0 320.0 68.0 63.0 15.0 36.0 188.0 52.0 108.0 1239.0
1961 5.0 29.0 317.0 52.0 446.0 163.0 74.0 154.0 314.0 75.0 55.0 28.0 1712.0
1962 114.0 57.0 32.0 62.0 119.0 121.0 117.0 18.0 14.0 7.0 37.0 10.0 708.0
Banks and Gesso. LLC -12/9/1999- Ft. Lupton Sand and Gravel Mine
1963 44.0 25.0 106.0 7.0 25.0 255.0 3.0 251.0 112.0 5.0 20.0 26.0 879.0
1964 7.0 27.0 54.0 72.0 204.0 125.0 64.0 31.0 78.0 3.0 41.0 22.0 728.0
1965 56.0 49.0 32.0 67.0 265.0 410.0 373.0 29.0 204.0 34.0 0.0 28.0 1547.0
1966 5.0 46.0 8.0 131.0 73.0 143.0 58.0 37.0 213.0 64.0 22.0 48.0 848.0
1967 49.0 21.0 36.0 349.0 462.0 393.0 295.0 96.0 31.0 60.0 55.0 55.0 1902.0
1968 28.0 53.0 46.0 133.0 165.0 118.0 20.0 174.0 35.0 45.0 77.0 31.0 925.0
1969 25.0 17.0 33.0 144.0 334.0 268.0 66.0 128.0 115.0 383.0 52.0 5.0 1570.0
1970 3.0 0.0 145.0 54.0 65.0 399.0 159.0 101.0 235.0 84.0 49.0 24.0 1318.0
1971 51.0 78.0 44.0 232.0 239.0 21.0 104.0 12.0 330.0 50.0 3.0 8.0 1172.0
1972 44.0 29.0 47.0 220.0 62.0 344.0 127.0 195.0 171.0 49.0 172.0 62.0 1522.0
1973 79.0 6.0 147.0 221.0 427.0 44.0 120.0 52.0 300.0 18.0 121.0 128.0 1663.0
1974 72.0 29.0 111.0 222.0 4.0 252.0 191.0 97.0 83.0 188.0 44.0 13.0 1306.0
1975 7.0 0.0 81.0 113.0 369.0 60.0 92.0 266.0 13.0 29.0 97.0 28.0 1155.0
1976 11.0 22.0 64.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 97.0
Total(in) 19.83 18.33 33.74 66.01 105.04 73.67 55.20 52.95 52.36 33.04 19.90 14.97 545.0
Av.(In) 0.43 0.40 0.73 1.44 2.28 1.60 1.20 1.15 1.14 0.72 0.43 0.33 11.85
Banks and Gesso, LLC -12/9/1999- Ft. Lupton Sand and Gravel Mine
Table 7
Average Consumptive Use of Irrigation
Ft. Lupton Sand &Gravel Mine
Modified Blaney-Criddle Consumptive Use Estimate
Apr May Jun Jul Aug Sept Oct Total
Small Veg. (in) 0.42 1.68 4.10 5.77 4.79 2.15 0.09 19.00
Pinto Beans (in) 0.00 0.37 3.26 6.59 3.55 0.14 0.00 13.91
Total(ac`ft) 1.94 8.62 26.96 42.91 30.83 10.19 0.42 121.87
Note:
Pinto Beans= 30 acres
Small veg.= 55 acres
Total 85 acres
Dry-up: First year=21.25 acres
Second year=30 acres
Banks and Gesso, LLC-12/9/1999- Ft. Lupton Sand and Gravel Mine
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Banks & Gesso, LLC Well Location Map
720 Kipling, Suite 117 �D Scale: 600' L6.Evens'
Lakewood CO 80215 Ft Lunen Sand 8 Gravel Mine
10/27/99 Project 99024
Banks and Gesso, LLC
Well Owner Consent Form
To whom it may concern:
I , being the owner of the
well(s) referenced herein, do hereby give consent for L.G. Everist, Inc. to construct a well
(gravel mine) within 600 feet of our well.
is the owner of the
following well(s) which may be within 600 feet of the proposed Ft. Lupton Sand and
Gravel Mine.
(Permit# 2)4907 ) Estate of Koy,n and Re_tt ec'a PnrKer
Address : p,0• &w /555 _
Berthoud) 60 805/3
Located in the A/w /^/q/ (Qtr. /Qtr. )
Section : 30
Township : _2 (S /®
Range : (o& (J/E) of the 6th P.M.
In (Ale id County, Colorado.
Cooridinates : /05O feet (S /(29
900 feet (®/E)
From the NW / corner of the
Said Section 30
Signed : Print : Date :
Ft. Lupton Sand and Gravel Mine 99024
L.G.Everist October 1999
Banks and Gesso, LLC
Well Owner Consent Form
To whom it may concern:
I , being the owner of the
well(s) referenced herein,do hereby give consent for L.G. Everist, Inc. to construct a well
(gravel mine) within 600 feet of our well.
is the owner of the
following well(s) which may be within 600 feet of the proposed Ft. Lupton Sand and
Gravel Mine.
(Permit # /57992_ ) Estate of Robb.t/ 6016-Pn
Address : /G6/ 4''k,nicy Ave1=E. r 60 SOZI b
Located in the _Sln/ / N&-- (Qtr. /Qtr. )
Section :
Township : 2 (S ,�
Range : Aou, t� E) of the 6th P.M.
In (,Jell County, Colorado.
Cooridinates : 2)OOO feet (S /at
240OO feet(W
From the He Y< corner of the
Said Section 3O
Signed : Print: Date:
Ft. Lupton Sand and Gravel Mine 99024
L.G. Everist October 1999
rwr
C'r 'yy 17:01a YK rIL15t5 WI I I CIA IGK CI f1LSJ 444 olJo lu .wL)to,aeilo ,-_rA.vw
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1 SPECIAL WARRANTY rIg_
STATE OF COLORADO _
• KNOW _ L b E PRESENTS:
COUNTY OF WELD
THAT � /; I ("Grantor") in
consideration o. a • of T AND NO/100 (10.00) DOLLARS and
other good and va .r" e cash consideration in hand paid by L.G.
EVERIST, INC. whose mailing address is 7321 E. 88th Avenue, Suite
200, Henderson Colorado 80640 hereinafter referred to as
"Grantee", the receipt and sufficiency of which is hereby
acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents
does GRANT, SELL and CONVEY, unto the said Grantee the following
described water, water rights, well rights, ditch rights, whether
tributary; nontributary or not nontributary associated with,
appurtenant to, or historically in the real property described on
Exhibit A, Weld County, Colorado, including, but not way of
limitation, the following (the "Water Rights") :
a. 2.25 shares of the Lupton Bottom Ditch Company and
the right to use a corresponding pro rata share of
all water rights, ditch rights and appropriations
owned by the Lupton Bottom Ditch Company;
b. Well No. RF-211 (Permit No. 11082-F) located in the
SE 1/4 NW 1/4 of Section 30 Township 2 North, Range
66 West of the 6th P.M. at a point 2620 feet South
and 2630 feet East of the NW corner of Section 30,
with an appropriation date of August 7, 1966 for
2.34 cubic feet per second absolute as decreed by
Case No. W-2784-77.
TO HAVE AND TO HOLD the above described Water Rights,
together with all rights, privileges, attributes and uses
associated with unto Grantee, its successors and assigns forever.
Grantor warrants that the Water Rights are free of all liens and
encumbrances. Grantor does hereby bind itself, and its respective
successors and assigns, to Warrant and Forever Defend to the water
rights unto Grantee, its successors and assigns, against all
-
persons claiming or attempting to claim the whole or any part of
the Water Rights by, through, or under Grantor.
Incorporate ember 6.1*13 ondcr the laws of the State of
tj � ,
v, 1
S_+UPT�N• _ COLORADO.
6S SHARES OF SSo EACH.
CAPITAL C 14.cSo•
STOOL
c�?et,, } The..Public_Truatac-ot ++a1d bounty_,..far.the_use_.o -The-�edernl_land •: •,
c VW j � ltm f Wichita, and David a. retrace° and Susan K. retrace°, equity owners,
r to attmt0
4 two and one faun -�'° of efts Capital Stook of tie Lupton Botiort Dttel•
o only on Ks Goofs3 of tf,e Cotnpa•sy, to. person,oe Gy altos-nest, on also-
- f(A��i(r tsaesafe.aGt - `
_ -_ unDss of-So ustifieata ePgtsie stock u fKU patb,
anb c n 0412 Gat aoaeaatb ao now pcoaheb.
Gy tan*fol. ttse asse33,teerst 4 paib up steers in 'Ditek oo.npanst3.
- IN WITNESS WHEREOF,this said Certiheats is signed by Ms President and Sacra-
. •
Cary, and the Seat of the said Conpalt Sired, at the office of the Company in
lFi �i. day of —+a1Ch_ _:—d-D.1915. - T
Fort Lupton Colorado,on this ._._.___�- ., �
z{',� -u-d `------� ' 4` , 7,1- =;jet 's t
TOTAL P.02
/ \\L ACCESS LEGEND
Pent Boundary
kilning Dolts
Existing Topographic ENV
CORNER S Ta NW w SECTION 30 EH O HOME 100-Year Flood plain
. POND 0 A1oNN Wd
44,44.44 4444444
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once � Legal Description:S 112,NW 114,Sec.30
DUSTING Tom'RAW
HOME/OUT-0
BUILDINGS TOW Acree9e'84.82 ACt
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o TANKS (L.C. EVERIST, INC.) WP1OXB01T0"0"Pi
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APPLICANT: CONSULTANT: FLOOD HAZARD
\ L.G.EVERIST,INC. Banks and Gesso,LW DEVELOPMENT PERMIT
\ 7321 E.88th Ave.,#200 MAP
j' 720107@-4 Sbaet.215 117
I bndereu, CO. 80640 Lakewood.CO. 80215 FORT LurtoN SAND
\ (303)274-4277 SORAVEL NNE
WSd ,c Wanda
�� JOB NO. MTE SCALE DRAWN BY DESIGNED BY MEOWS SIGNATURE
99024 1022/99 ODD SRP
Banks and Gesso, LLC
EXHIBIT H —WILDLIFE INFORMATION
Farming for agricultural crops has significantly altered the wildlife habitat on the
entire proposed permit area. Review of wildlife data for this area does not show
that any critical wildlife habitats for the Ft. Lupton Sand and Gravel Mine permit
area exist. Based on a search of the Colorado Natural Heritage Program
records, there are no known Threatened and Endangered species of plants or
animals on this proposed permit site. See the letter in this Exhibit from the
Colorado Natural Heritage Program dated July 1999, confirming these
statements.
Preble's Meadow Jumping Mouse (a Federally protected species) habitat is not
present along the Lupton Bottom Ditch that flows through the central portion of
the proposed permit area. The mouse requires wet, grassy meadows and dense
riparian vegetative cover, usually within 100 feet of a stream. An investigative
survey conducted by Savage and Savage in August 1999, encountered no
potential critical habitat for this mouse and this fact was later confirmed by
correspondence from the U.S. Fish and Wildlife Service (USFWS) dated
September 3, 1999. The USFWS concluded that mining development on this
proposed permit area will not affect Preble's habitat. A copy of this report and
the USFWS correspondence is contained within this Exhibit.
Ft.Lupton Sand and Gravel Mine.CDMG.112 Penult 31 99024.WD
L.G. Everist, Inc. December, 1999
Banks and Gesso, LLC
There will be some minor loss of habitat and displacement of animals along the
Lupton Bottom Ditch due to mining through the ditch, but suitable similar habitat
exists all around the property, especially to the east along the riparian corridor of
the South Platte River. Reclaiming the mined area as water-storage reservoirs
with the natural establishment of wetland plants that will invade the shorelines
and native grasses planted on the perimeter areas of the reservoir ponds, will
greatly improve wildlife habitat on the entire permit area, especially for waterfowl.
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 32 99024.WD
L.G.Everist,Inc. December, 1999
Ikllv+ersity
July 15, 1999 Colorado Natural Heritage Program
College of Natural Resources
254 General Services
Fort Collins.Colorado 80523-6021
(970)491-1309
FAX:(970)491-3349
Katrina Forar
Bank&Gesso,.LLC
720 Kipling, Suite 117
Lakewood,CO 30215
Dear Katrina,
The Colorado Natural Heritage Program(CNHP) is in receipt of your request for information regarding
the rock quarry use project. 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 T2N-R66W-S30 area within the Fort Lupton
Quadrangle.
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.
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.
Althoueh 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.
Sincerely, ` ^`
John Armstrong
Environmental Review Coordinator
cc: Kris Moser,CDOW Northeast Region Office
Nture
Conservancy®
Savage and Savage
practical solutions for environmental problems
Land Restoration and Reclamation Services
464 West Sumac Court 303 666-7372 telephone
Louisville,Colorado 80027-2227 303 665-6808 facsimile
August 3, 1999
Mr. Rob Laird
Banks and Gesso
720 Kipling Street, Suite 117
Lakewood, Colorado 80215
Re: Preliminary Investigation of Petrocco Property, Weld County, Colorado
Dear Rob:
On July 30, 1999 Edith Savage and I conducted a preliminary site investigation of a
property that may be developed for mineral extraction north of Fort Lupton, Colorado.
The purpose of the site investigation was to assess the likelihood of encountering
jurisdictional wetlands, and potential habitat for the Preble's meadow jumping mouse
(Zapus hudsonius preblei) and Ute ladies-tressed orchid(Spiranthes diluvialis).
The site investigation consisted of a pedestrian and vehicle inspection of approximately
80 acres located within the S'ANWP/. of Section 30, Township 2 North, Range 66 West of
the Sixth Prime Meridian, Weld County, Colorado. Currently, the property has two
ongoing land uses, agriculture (row crops), and oil and gas production. Adjacent land
uses include oil and gas production, agriculture, grazing, and residential. Findings of the
preliminary site investigation are detailed below. The general location of potential
Preble's meadow jumping mouse and Ute ladies-tresses orchid habitat and likely
jurisdictional wetlands are depicted on the attached map.
Waters of the United States
Waters of the United States, regulated by the U.S. Army Corps of Engineers, are all
waters which were, are, or could be used in interstate commerce; and include (but are not
limited to) rivers, streams, sloughs, and wetlands. The only waters of the United States
on the property is the water contained within the irrigation delivery ditch which roughly
bisects the property from south to north. From the USGS maps, this drainage appears to
originate approximately three miles south(upstream) at Big Dry Creek.
Jurisdictional Wetlands
Regulated jurisdictional wetlands encountered in Colorado include submergent,
emergent, wet meadows, sloughs, surface water drainage ditches, bogs, and potholes.
-1-
Within the property, submergent, and emergent types of jurisdictional wetlands were
observed.
Submergent wetlands are those wetlands which contain vegetation which is rooted on the
bottom of a channel and does not grow out of the water. This type of wetland is
contained within the flowing channel of the drainage described above.
Emergent wetlands are those areas where the vegetation is rooted in a saturated or
inundated area and the vegetation emerges from the wet area. Within the property,
emergent jurisdictional wetlands were observed only along the immediate edges of the
irrigation delivery ditch.
The areas outside the levee and irrigation delivery ditch are currently in agricultural
production. The fields were planted to leaf vegetables. No areas of riparian woodland,
wet meadow, bogs, potholes, sloughs, or marshes were identified on the property.
Preble's Meadow Jumping Mouse Habitat
The Preble's meadow jumping mouse (Zapus hudsonius preblei) is a federally listed
threatened species which generally occurs near wetlands and water bodies. Currently, the
U.S. Fish and Wildlife Service (USFWS) is requiring habitat assessment and/or live-
trapping surveys for all projects in potential Preble's habitat. The property was evaluated
for potential Preble's habitat, based on the current USFWS guidelines. No potential
critical habitat exists in the areas of the site in agricultural production. While not
categorically excluded from the requirements for a survey, the irrigation delivery ditch is
not typical or likely Preble's critical habitat. If development is proposed within 300 feet
of the irrigation delivery ditch or the 100-year floodplain of the South Platte River, we
would recommend application to the USFWS for a site disqualification.
Ute Ladies-tresses Orchid Habitat
The Ute ladies-tresses orchid (Spiranthes diluvialis) is a federally listed threatened plant
species characteristically found in wet meadows and alluvial flood plains below 6500 feet
in northern Colorado, southwestern Wyoming, and the Uintah Basin of Utah. Habitat
assessments and/or pedestrian surveys during the blooming period are required for sites
within the South Platte River 100 year floodplain and in characteristic habitat which
includes areas with a seasonally high water table, wet meadows, stream channels,
floodplains, areas with vegetation in the facultative wet or obligate classification, and
jurisdictional wetlands. Based on the preliminary investigation, there does not appear to
be any potential orchid habitat within the property.
Discussion and Recommendations
Jurisdictional wetlands and waters of the United States are present within the confines of
the irrigation delivery ditch and it's banks within the property. Any plans that would
-2-
impact this area through fill or impacts to the jurisdictional wetlands would require the
appropriate permit from the U.S. Army Corps of Engineers.
Typical Preble's meadow jumping mouse habitat was not observed within the property.
If development is proposed within 300 feet of the irrigation delivery ditch or the 100 year
floodplain of the South Platte River, we would recommend submitting a request for
disqualification of the site for survey requirements to the USFWS.
Characteristic potential habitat for the Ute ladies-tresses orchid does not appear to be
present in the property.
If I can provide additional information or clarification regarding survey or delineation
requirements, please call me at your convenience.
Sincerely,
/
Michael S. Savage
Vice President
enclosure: General Location Map
-3-
Savage and Savage
practical solutions for environmental problems
464 West Sumac Court 303 666-7372 telephone
Louisville,Colorado 80027-2227 303 665-6808 facsimile ftetritzAugust 18, 1999
END
AUK p
Pete PlageU.S. 1999
Fish and Wildlife Service Banks 4 C9 0
Colorado Field Office ' QC
Denver Federal Center
P.O. Box 25486
Denver, Colorado 80225
Re: Request for Concurrence on Disqualification for Zapus hudsonius preblei at the
Ft. Lupton Property (S'ANW'h Section 30, T2N, R66W Weld County, Colorado)
Dear Mr. Plage:
Banks and Gesso, LLC is developing a preliminary mine plan to conduct mineral
extraction and reclamation (sand and gravel) operations within the above area over the
next few years. The operation will entail removal and stockpiling of topsoil material,
extraction of the sand and gravel, backfilling and grading, retopsoiling, and seeding. The
mining and reclamation plan will be reviewed and approved by the Colorado Division of
Minerals and Geology in the next few months. Prior to finalizing the mining and
reclamation plan, Banks and Gesso would like to evaluate the future mineral extraction
areas for potential impacts to threatened and endangered species. One of the potentially
present species is the Preble's Meadow Jumping Mouse (Zapus hudsonius preblei).
U.S. Fish and Wildlife Service May 21, 1999 interim survey guidelines indicate the
project area requires a survey for the following reasons; the elevation of the site is below
7600' (project site elevation is between 4770 and 4780 feet), and is located within and
adjacent to the 100-year floodplain of the South Platte River.
Based on field investigations conducted by Savage and Savage July 30 and August 17,
1999, as well as reference and literature review, we believe this site has very low
potential to harbor individuals or a population of Zapus hudsonius preblei for the
following reasons.
The project site (Figure 1) and adjacent areas have been highly disturbed and modified
from their natural condition (Figure 2, 3). The project area has been cultivated for a
number of years. Currently, one field is fallow (approximately 20 acres) and the
remaining fields are planted to lettuce and beans, using row irrigation (Figure 4). One
irrigation delivery ditch bisects the property from south to north. The slopes of the ditch
are dominated by a thick monoculture of Phalaris arundinacea (reed canarygrass), and
Peter Plage
Zapus disqualification request
August 18, 1999
the banks along the ditch are cleared for vehicular access to the farm fields (Figure 5).
There is no shrub or tree overstory associated with this ditch along its length through the
project area. No evidence of seeps, springs, tailwater wet meadows, or depressions
within the cultivated fields was observed. The South Platte riparian corridor averages
400 feet east of the property boundary, and 250 feet east of the property at the closest
point.
No native plant associations exist within the project area, with the exception of the banks
of the irrigation delivery ditch. The fields are planted to annual vegetables. The
irrigation delivery ditch is dominated by a dense monoculture of Phalaris arundinacea.
Within the project area there were no open wet meadows, riparian corridors, or plant
associations which consisted of an overstory and understory that would provide adequate
cover for the mouse.
As noted above, surface water present within the project area originates from flood
irrigation and precipitation. Other than the drainage ditch, there is no identified blue-line
stream, and the duration and nature of surface water provided through flood irrigation is
not similar to other known Zapus habitats(e.g., fluvial systems).
For the above reasons, we request (on behalf of Banks and Gesso) that the U.S. Fish and
Wildlife Service concur in writing that the above described site can be disqualified from
the requirements for a survey for Zapus hudsonius preblei.
Please contact me at your earliest convenience if you require additional information.
Sincerely,
,----
Michael S. Savage
Vice President
Attachments: General Location Map
Photographs(Figures 1-5)
c: Rob Laird, Banks and Gesso, LLC
Ft.Lepton Property Zepus die9 W i&.th nese
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Figure 2. View to South and Southwest of Bean and Lettuce Fields
(W'%S'/2NW'/ Section 30)
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Figure 3. View to Southeast of Fallow Field
(E'%S'/INW% Section 30)
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Figure 4. View to Southwest of Bean Field Irrigation
(W%S''NW'/. Section 30)
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Figure 5. View of Irrigation Delivery Ditch and Associated Vegetation
(E%S'ANW'A Section 30)
P
MR ate
Fn United States Department of the Interior is..i ,
FISH AND WII DLIFE SERVICE /i1
0
11
Vie. ��' Ecological services 1849. 99'9
�'�` 755 Parfet Street,Suite 361
Lakewood,Colorado 80215
ES/CO:T&F/PMlMiSurvey
Mail Stop 65412
SEP 31999
Michael Savage C,�1 TjT�
Savage and Savage j Y D
464 West Sumac Court SEp i S 1
999
Louisville, Colorado 80027-2227 Banks 4
GeSso
Dear Mr. Savage: ' �C
Based on the authority conferred to the U.S. Fish and Wildlife Service (Service)by the Endangered
Species Act of 1973 (ESA), as amended(16 U.S.C. 1531 et seq.),the Service reviewed the Preble's
meadow jumping mouse, Zapus hudsonius preblei, (Preble's) survey report submitted with your
letter of August 18, 1999. This report regards the Ft. Lupton Property in Weld County, Colorado
(Section 30 , Township 2 North, Range 66 West). The project, as proposed, may disturb wetlands
and other riparian habitats.
Given your compliance with the Preble's survey guidelines, the Service finds the report acceptable
and agrees that Preble's habitat is not present within the subject area. Thus, the Service concludes
that development or other actions on this site should not directly affect the continued existence of
Preble's. Should Preble's populations exist downstream from the site, actions on the site that result
in significant modification of Preble's habitat downstream(for example, through alteration of
existing flow regimes,or sedimentation) may be subject to provisions of the ESA.
If the Service can be of further assistance,please contact Peter Plage of my staff at(303)275-2370.
Sincer ,
etztarz„..---
LeRoy W Carlson
Colorado ield Supervisor
cc: U.S.Army COE,Littleton,CO
Reading file
Project file
Plage
Reference:Peter/PMJM/1999.268
Banks and Gesso,, LLC
EXHIBIT J —VEGETATION INFORMATION
Overview
Current and historic agricultural activities on the proposed mining area consist
entirely of irrigated crops. There is no natural riparian vegetation existing on the
site. The 85-acre site has been planted primarily in leafy vegetables and corn.
The farmland of the property has been cultivated for nearly 50 years. This entire
proposed permit area is within the 100-year floodplain of the South Platte River.
Areas adjacent to, and within approximately 200 ft., of the proposed site consist
of oil and gas production, agriculture, grazing, and residential.
Based on the results from a BCD (Biological and Conservation Datasystems) file
search, there are no documented rare, threatened or endangered occurrences of
plants that have been located within the project area. Please refer to the letter
from the Colorado Natural Heritage Program provided in Exhibit H to corroborate
this statement.
Within the property, submergent and emergent types of jurisdictional wetlands
were observed only along the Lupton Bottom Ditch. No other areas of potential
jurisdictional wetlands occur in the proposed permit area. No areas of riparian
woodland, wet meadow, bogs, potholes, sloughs, or marshes are present on the
site.
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 34 99024.WD
L.G. Everist, Inc. December, 1999
Banks and Gesso, LLC
Wetlands
Based upon a field visit and assessment report performed by Savage and
Savage (a copy of which is contained within Exhibit H and previously referenced
in that Exhibit), this section summarizes the results of that preliminary wetlands
assessment for the proposed Ft. Lupton Sand and Gravel Mine.
Photos taken during an initial site visit, to show land usage and the current type
of vegetation and agricultural practices on the site, are numbered and located as
to direction of view on the aerial photo. Photo 1 shows the man-made Lupton
Bottom Ditch located on the property looking to the north property line. The ditch
runs roughly from the south end of the property directly north. During the mining
operation, the current ditch will be temporarily relocated, mined-through and
reconstructed. Wetlands located along the ditch are to be removed in the
process with a total wetland disturbance of slightly less than one acre.
Reclamation of the property will include the reconstruction of a new, concrete-
lined Lupton Bottom Ditch. The reconstructed ditch will not contain replanted
wetlands. The operator will instead seed approximately 6 acres along the entire
perimeter of the two reservoirs with a wetland grass mix and wetland vegetation
will naturally invade and establish itself to more than make-up for those wetlands
lost along the ditch. The operator intends to obtain a 404 Permit from the U.S.
Army Corps of Engineers, if necessary, based on the exact acreage of wetland
disturbance, prior to disturbing the current ditch alignment.
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 35 99024.WD
L.G.Everist, Inc. December, 1999
Banks and Gesso, LLC
Agricultural Crops and Practices
Corn and leafy vegetables, such as lettuce, cabbage, and beans, have been the
historic agricultural crops planted and harvested on the property. Photos 2 and
3, respectively, show flood irrigation being practiced for raising lettuce on the
western portion of the property and cabbage on the eastern portion. All photos
were taken in July of 1999.
Photo 4 shows the applicant's permitted irrigation well on the south end of the
site. This alluvial well has historically been used for flood irrigation of the
property. The well will remain on the permit site for use in the aggregate washing
and batching operations. Approval will be obtained for a "change of use" with the
Colorado Division of Water Resources.
Summary
In summary, based on the proposed mine and reclamation plans (see Exhibit D
and E) and given the proposed excavation areas for the project, the total wetland
loss (probably less than one acre) along the Lupton Bottom Ditch will only
undergo a temporary setback, until a greater amount of wetland vegetation
establishes itself around the perimeter of the reservoir shorelines after
reclamation is complete.
Ft. Lupton Sand and Gravel Mine.CDMG.112 Permit 36 9902.4.WD
L.G.Everist, Inc. December, 1999
II e
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Photo 1
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Photo 2
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Photo 3
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Photo 4
Banks and Gesso, LLC
EXHIBIT K—CLIMATE INFORMATION
The Fort Lupton, Colorado monthly climate summary for the period of record
from 1961 to 1990 is provided in the following:
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 37 99024.WD
L.G.Everist, Inc. December, 1999
Banks and Gesso, LLC
EXHIBIT K— CLIMATE INFORMATION
The Fort Lupton, Colorado monthly climate summary for the period of record
from 1961 to 1990 is provided in the following:
FORT LUPTON 2 SE, COLORADO (053027)
1961-1990 Monthly Climate Summary
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual
Average Max. 42.4 47.5 53.3 63.1 73.2 81.8 89.0 86.8 77.4 67.2 50.7 42.5 64.8
Temperature (F)
Average Min. 11.6 17.1 22.2 31.0 40.6 49.3 54.6 52.0 42.6 32.2 20.8 ;12.1 32.3
Temperature (F)
Average Total 0.37 0.37 0.82 1.39 2.11 2.21 1.20 1.24 1.31 0.86 0.54 0.34 12.74
Precipitation (in.)
Unofficial_values_based on averages/sums of smoothed daily data. Information is computed from
available daily data during the 1961-1990 period. Smoothing, missing data and observation-time
changes may cause these 1961-1990 values to differ from official NCDC values. This table is
presented for use at locations that don't have official NCDC data. No adjustments are made for
missing data or time of observation. Check NCDC normals table for official data.
Western Regional Climate Center, wrcc@dri.edu
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 31 99024.WD
L.G. Everist, Inc. December, 1999
Banks and Gesso, LLC
EXHIBIT L - RECLAMATION COSTS
An estimate of the reclamation costs for all anticipated disturbed areas of the
proposed mine permit is provided in Table L. All plant site equipment will be
portable, so no costs associated with the removal of plant-site equipment
foundations are shown. The two major reclamation costs associated with this
proposed mine permit are for the installation of the slurry wall and backfilling of
the mined pit-slopes and the reconstruction of the Lupton Bottom Ditch. These
costs are accounted for in Table L.
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 38 99024.WD
L.G.Everist, Inc. December, 1999
Banks and Gesso., LLC
TABLE L
RECLAMATION COST ESTIMATE
ITEM QUANTITY UNIT PRICE COST
Pit Slope Backfill/Pit-Edge Revegetation
Backfilling (surplus topsoil /shale) 384,432 yd3 $0.50 yd3 $192,216
Topsoil Application (6.7 ac, 1 ft deep) 10,807 yd3 $0.40 yd3 $ 4,322
Final Grading / Contouring 6.7 ac $ 200 ac $ 1,340
Grass seeding / mulching /fertilizing 6.7 ac $ 200 ac $ 1,340
Slurry Wall
Slurry Wall 32,888 yd3 $3.00/ft2 $ 96,664
(8222 LF x 36 ft deep x 3 ft)
Ditch Reconstruction/Revegetation
Backfilling (surplus topsoil /shale) 177,060 yd3 $0.50 yd3 $ 88,530
Topsoil Application (0.9 ac, 1 ft deep) 1,452 yd3 $0.40 yd3 $ 580
Final Grading /Contouring 0.9 ac $ 200 ac $ 180
Grass seeding / mulching /fertilizing 0.9 ac $ 200 ac $ 180
TOTAL COST $385,352
Ft.Lupton Sand and Gravel Mine..CDMG.112 Permit 39 99024.WD
L.G.Everist, Inc. December, 1999
Banks and Gesso, LLC
EXHIBIT M -OTHER PERMITS AND LICENSES
Additional permits/approvals required for this project to be allowed to operate are
as follows:
County Approval:
An application for a Use By Special Review (Mining Operation) is being
submitted concurrently with this CDMG "112" permit application to Weld County,
Colorado as part of the permission granted to mine the Ft. Lupton Sand and
Gravel Mine.
Cultural Resources
There are no reported cultural resources listed on the State Register of Historic
Places within the project area. This fact is as stated in a letter from the Colorado
Historical Society contained within this Exhibit.
Significant historical or archaeological sites that might be encountered during any
land-disturbing activities on the permit site shall be studied and preserved and/or
recorded, if 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 land-disturbing activities.
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 40 99C124.WD
L.G.Everist,Inc. December, 1999
Banks and Gesso, LLC
CPDES State Discharge Permit/Stormwater Permit:
There will be no offsite discharge of either process water or overland surface
flows from disturbed ground at the initial plant site constituting stormwater
discharge. All process water (washed fines from screening) at both the initial and
final plant sites will be recycled from the settling pond to the clearwater pond and
re-used for aggregate washing and batching operations, as described in the
Mining Plan, Exhibit D. The final plant site location may produce some
stormwater runoff that will enter the clarification stage of the sump area for the
de-watering location. This water will be discharged offsite along with
groundwater pumped from the mining phases, as part of the dry mining method.
All discharge water will be clarified prior to entrance into the South Platte River.
These features and locations are shown on Exhibit C, Pre-Mine and Mine Plan
Map.
Prior to any ground-disturbing activities at the proposed permit area, a
CPDES/Stormwater Permit will be obtained from the Colorado Deptartment of
Public Health and Environment (CDPH&E) that will account for all offsite
discharge and will contain a plan for control of that discharge.
Air Permits:
Prior to any ground-surface disturbing activities (topsoil removal and stockpiling,
plant site and access road development, haul road construction, aggregate
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 41 99024.WD
L.G.Everist, Inc. December, 1999
Banks and Gesso, LLC
hauling, and pit site development) for the Ft. Lupton Sand and Gravel Mine, the
operator will obtain a site Fugitive Dust Permit from the CDPH&E for these
activities. This permit will be kept active during the life of the mine.
Separate air permits will be required for each piece of portable screening or
crushing equipment that is to be operated at the Ft. Lupton Sand and Gravel
Mine. As with all portable aggregate processing equipment in the state of
Colorado, each piece of equipment will have a separate air permit that enables
the machinery to be operated in various locations throughout the state. Prior to
operation of any crushing or screening equipment at the site, the operator will
obtain mobile air permits for all equipment where one is required.
State Highway Access Permit:
The mining operation will not utilize access onto a Colorado State Highway
during the life of the mine and will not require an Access Permit from the
Colorado Division of Transportation. Access to the site will from Weld County
Road 18.
State Engineers Temporary Substitute Supply Plan/Gravel Pit Permit:
As stated in Exhibit G, Water Information, an approved Temporary Substitute
Supply Plan will have to be obtained from the Colorado State Engineer's Office
prior to exposing alluvial groundwater of the South Platte River Basin. A
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 42 9902'4.WD
L.G.Everist, Inc. December, 1999
Banks and Gesso, LLC
Temporary Substitute Supply Plan has been developed for this permit submittal
and is contained in Exhibit G.
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 43 99024.WD
L.G.Everist,Inc. December, 1999
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
07/15/1999
At your request, the office of Archaeology and Historic Preservation has conducted a search of the Colorado
Inventory of Cultural Resources for the following locations:
PM TWNSHP RANGE SECTIONS:
6TH 2N 66W 30
1 survey(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 sites or
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 files
cannot be considered complete because most of the state has not been surveyed for cultural resources. There 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 CPR 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 have any questions, please contact the Office of Archaeology and Historic Preservation at (303) 866-3395
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.
Banks and Gesso, LLC
EXHIBIT N - SOURCE OF LEGAL RIGHT TO ENTER
L.G. Everist, Inc. is the owner of the subject property and will be the operator of
the Ft. Lupton Sand and Gravel Mine, and has a legal right to enter the property
for the purpose of mining and reclaiming the property.
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 44 99024.WD
L.G.Everist,Inc. December, 1999
Banks and Gesso, LLC
EXHIBIT O - OWNERS OF RECORD OF AFFECTED LAND (Surface Area)
AND OWNERS OF SUBSTANCE TO BE MINED
The owner of record of the subject property and owner of the substance to be
mined is L.G. Everist, Inc., Henderson, Colorado. A copy of the warranty deed
showing ownership is contained in this Exhibit.
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 45 99024.WD
L.G. Everist,Inc. December, 1999
•
WARRANTY DEED
THLS DEED, Made this 25th day of June .19 99 .
between David A. Petrocco and Susan K. Petrocco
of the County of Weld ,and Stant of Colorado
of the feat part,and L . Evert, Inc., an Iowa Corporation
a ctapoxation duly organized and existing under end by virtue of the laws of the
State of Colorado .of the second part whose legal address is 7321 fi. 88th Avenue,
Henderson, CO 80640
WITNESSIC114,That the said party of the first pert for and in consideration of the sun of
DOLLARS,
to the said party of the first part in hand paid by die said petty of the.second pan.the receipt whereof is hereby..,nacssed and
acknowledged,has granted, bargained,sold and conveyed,and by these pacaenta does grant bargain.sell,convey aid confirm.
unto the said party of the second part. ire successors and assigns forever,all the following described lot(s)or parcel(a)of land,
situate,lying and being in the County of Weld ,and Stare of Colorado.to wit:
The South Half of the Northwest Quarter of Section 30, Township 2 North, Range
66 West of the 6th P.M. .
Together with two access easements described as follows:
An access easement located in the Northwest Quartet of Section 30, Township 2
North, Range 66 West of the 6th P.H., and being a part of Lot 4 of the Lupton
--Continued--
also known by street and number us Vacant Land, Greeley, CO 80631
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging.or in anywise appertaining,and
the reversion and reversions.renaiainder and remainders,mow,issues and profits thereof and all the estate.right,title,interest
claim and demand whatsoever of the said party of the first part,either in law or equity,of.in and to the above bargained premises,
with the hm+editaments and appurtenant-mt.
TO HAVE AND TO HOLD the said premium above bargained and described.with the appurtenances•unto the said prey of
the second pot,its successors and assigns forever_ And the said patty of the fast part, for himself, his heirs,executors. and
administrators.does covenant, grant, bargain and agree to and with the said party of the second part.its successors and assigns.
that at the time of the enscaling and delivery of these presents•he is well seised of the premises shove conveyed as of a good,sure.
perfect absolute and indefeasible senate of inheritance•in law,in fee simple,and has good right. full power and lawful authority
to grant,bargain.son and coney the same in manna and fors aforesaid,and that the same are free and clear from all former
and other grouts, bargains, sales, liens. taxes, assessments, encumbrance., and restrictions of whatever kind or nature so ever.
except for tares for the currant year,a lien but not yet due and payable, itrie dafrelki etW sf/ybllgH4tllaf/f fifeltttl9(
a 48. phiSF tal.,irttt.t ,1(1t/ di, Those items shown on fhibit A attached hereto and
incorporated herewith
and the above-bargained premises in the Quiet and peaceable possession of the said party of the second part.its successors and
aadgns. against all and every person or persons lawfully claiming ox to claim the whole or any part thereof, shill and will
WARRANT AND FOREVER DEFEND.
The singular number shall include the plural,the plural the singnlac,end the use of any gender shall be applicable to all genders.
IN . W••_REOF,the said party of the first part has hereunto set his band and seal the day end year first above written.
Signed,S.. ed and •- "vered in the Presence of
C P
Daa�• - A f•astreeeo Susan K_ Potrocco
STATE OF COLORADO _ )
COUNTY OF J a_r' - .p1P(��•, )
se_
`
The foregoing i. ; c pht was aclnoagaedygg\ before me this 25th day of June . 19 99 .by
David A. -j gpcc uhis t K. Petrocco
Evans
My'Contmisaiw .l - _ ADrl,I" 2001 w1ntyaa hand arid £'al owl
1- ------ O1*-
�dp�
Notary Public
Deborah L. Evans
awnrtaay nna me(erseraaoa(f Mote(ntalsSewed)Motown Files eon aeh99
Banks and Gesso, LLC
EXHIBIT P - MUNICIPALITIES WITHIN 2 MILES
The only municipality located within two miles of the proposed mining project is
the Town of Fort Lupton, which is approximately 1.5 miles to the south.
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 46 99024.WD
L.G.Everist, Inc. December, 1999
Banks and Gesso, LLC
EXHIBIT Q- PROOF OF MAILING OF NOTICES TO COUNTY
COMMISSIONERS AND SOIL CONSERVATION DISTRICT
Proof of mailing the CDMG required notice form and a copy of the application
form to the Weld County Commissioners and the local Soil Conservation District
is found in copies of the notices on the following pages.
Ft. Lupton Sand and Gravel Mine.CDMG.112 Permit 47 99024.WD
L.G. Everist,Inc. December, 1999
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
L.G. Everist, Inc. (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 storage / wildlifehal3itat
_ use. Pursuant to
Section 34-32.5-116(4Xm),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.
M MI SHARl\V$FORMS12823Co12.APP 02110/99
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR(112)CONSTRUCTION MATERIALS EXTRACTION OPERATION
NOTICE TO THE BOARD OF SUPERVISORS
OF THE LOCAL SOIL CONSERVATION DISTRICT
Weld DISTRICT
L.G. Everist, Inc. (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 storage/wildlife habitat use. pursuant to
Section 34-32.5-116(4Xm),C.R.S.,the Board may confer with the local Soil Conservation Districts 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.
M?MTh1S11AREVSFORMS\282JCo12APP 02/10199
Banks and Gesso, LLC
EXHIBIT R— PROOF OF FILING WITH COUNTY CLERK AND RECORDER
The proof of filing the application for public inspection with the Weld County Clerk
and Recorder is found following this page of the Exhibit.
Ft. Lupton Sand and Gravel Mine.CDMG.112 Permit 48 99024.WD
L.G.Everist, Inc. December, 1999
AFFIDAVIT FROM CLERK & RECORDER
This will acknowledge receipt of the Mined Land Reclamation Board Application
for a Construction Materials112 Regular Permit for the Ft. Lupton Sand and
Gravel Mine.
This document is on file in the office of the Weld County Clerk and Recorder,
1402 N. 17th Avenue, Greeley, Colorado, 80632, for public inspection beginning
December 23, 1999.
Dated this December 23, 1999.
(County Seal)
Weld County Clerk and Recorder
Banks and Gesso, LLC
EXHIBIT S - PERMANENT MAN-MADE STRUCTURES
Permanent, man-made structures within 200 feet of the affected land of the
proposed permit area for this application are shown on Exhibit C, the Pre-Mine
and Mine Plan Map.
Permanent, man-made structures within 200 feet of the affected land and on the
affected land, include two oil/gas wells, pipelines, and collection tanks owned and
operated by Top Operating Co., with Duke Energy Co. piping-off the natural gas,
located in the central area of the west-half of the property and along the
northwest boundary line of the west-half. The Lupton Bottom Ditch flows through
the center of the property from the south to the north. Power utility lines owned
by United Power Co. are located along the Lupton Bottom Ditch and eastern
property boundary. U.S. West Communications has a pedestal showing the
termination of an underground communications cable near the outer edge of the
northeast corner of the mining site on land of an adjacent property owner. This
underground cable does not continue further south than shown on the map. One
bedrock well is located outside the northern property edge of the site. The
adjacent property to the east has a nearby house and alluvial well (both used on
a temporary basis) owned by Robin and I. L. Golden. Buildings used for the
current farming operation at the proposed permit site are located within the
northeast corner of the property and will be removed prior to mining that area.
Ft. Lupton Sand and Gravel Mine.CDMG.112 Permit 49 99024.WD
L.G.Everist,Inc. December, 1999
Banks and Gesso, LLC
Because the proposed method of dry mining with an impermeable slurry wall
around the perimeter will alleviate any interference to the nearby alluvial wells,
there will be no adverse impacts to their production capabilities.
The interference to power lines in and nearby the site will be non-existent and an
agreement has been developed with United Power Co. to provide power to the
proposed operation, moving the power poles when necessary. A copy of this
agreement is contained within this Exhibit.
The mining and batching operations will not affect oil/gas production wells,
pipelines and storage tanks on the property. Agreements are being worked out
with the owners/operators of these facilities to relocate the piping systems,
should oil and gas production continue on the site when the area is to be mined.
The pre-and post-mining locations of the pipelines can be seen on both Exhibits
C and F. A copy of an initial agreement with the oil production company is
contained within this Exhibit. There will be no instability issues to the oil/gas
production wells and storage tanks, as mining will remain at least 85 ft. from the
wells.
There is to be a minimum 30-ft. setback from the edge of the pit-slope excavation
to the permit boundary. No mining will occur in this setback area and the only
disturbance to this ground will be from the installation of the slurry wall.
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 50 99024.WD
L.G.Everist,Inc. December, 1999
Banks and Gesso, LLC
In summary, no adverse offsite stability impacts will occur to any permanent,
significant or valuable manmade structures within 200 feet of the proposed
excavation areas of the Ft. Lupton Sand and Gravel Mine.
All adjacent property owners will be notified of the proposed aggregate mining at
this location from posting of the property at the site and from mailed notifications.
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 51 99024.WD
L.G.Everist, Inc. December, 1999
L.G. EVERIST, INC CORPORATE OFFICE
�\ 980 E.PHILLIPS AVE.•SUITE 200
"`' ■J P.O.BOX 5829
SIOUX FALLS,SD 57117.5829
PHONE 805334-5000
FAX 805-334-3898
•
MOUNTAIN DIVISION
• 7321 E.88TH AVENUE•SUITE 200
HENDERSON.COLORADO 50890
303-287.9806
FAX 303-289-1348
December 3, 1999
Howard (Corky) Cantrell
Lupton Bottom Ditch Company
P.O. Box 305
Fort Lupton, CO 80621
Dear Corky:
Enclosed is a scaled drawing of the proposed changes to the section of the Lupton Bottom
Ditch, which traverses L.G. Everist, Inc.'s property located north of Ft. Lupton. The.drawing
details the dimensions and material composition of the reconstructed ditch, as well as the
temporary relocation during mining.
As we discussed, sections of the Lupton Bottom ditch will be mined during the dry season,
September to March, and reconstructed during the next season, so as to not disturb water flow.
We propose mining and reconstructing the south half of the Ditch during Phase 1, and the north
half between Phases 3 and 4.
Please acknowledge your understanding and acceptance of our proposal by countersigning
below and mm a signed copy to me. Thank you.
If yo e a questions, please call me directly.
cer
R . verist
ce President
enclosure
Acknowledged by: 1
Howard (Corky) Cantrell Date
Lupton Bottom Ditch Company
LM/FL-Ibditchco-120199
L.G. EVERIST, INC. CORPORATE OFFICE
1.0 S.PHILLIPS AVE.•SUITE 200
P.O.SOX'5829
SIOUX FADS.M3571174829
PHONE 606-334-5000
FAX 905334.3658
MOUNTAIN DIVISION
7321 E.89TH AVENUE•SUITE 200
HENDERSON,COLORADO 80640
303-287-9606
December 8, 1999 FAX 303-289-1348
Murray J. Herring
Vice President
Top Operating Co.
7500 W. Mississippi Avenue, Suite B-3
Lakewood, CO 80226-4541
Dear Mr. Herring:
We wrote about a month ago to inform you of L.G. Everist, Inc.'s proposed changes to Top
Operating Co.'s pipeline, which traverses our property in Ft. Lupton. As you know, the property
is located south of County Road 18 and west of Highway 85. The legal address of the property
is S 'A, NW 1/4, Section 30, Township 2N, Range 66 W.
L. G. Everist is proposing to have Top Operating's pipeline relocated from the middle of our
property to instead follow the southern perimeter. The relocated pipeline would be placed
along maintenance roads for easy access. Also, we will allow for an 85-foot radius around the
wells themselves, to allow for any well maintenance performed by your company.
We anticipate burying the new pipeline at a depth of 18 inches. The upsized fiberglass 4-inch
pipelines will have a minimum of 2 inches of separation between them. No interruption of flow
should occur in your delivery system. Completion of the relocated pipeline will most likely occur
around the completion of Mining Phase 1 and prior to Phase 2.
We hope that our plan is agreeable to Top Operating Co. Please acknowledge your
understanding and acceptance of our proposal by countersigning below and returning a signed
copy to me. Thank you. If you have any questions or concerns, please call me.
Sincerely,
Lynn E. yer
Regulat Compliance
cc: R.A. Everist, Vice President
Acknowledged by:
Murray J. Herring Date
Vice President, Top Operating Co.
LM/FL-topope r-120899
INIT- 0
UNITED POWER,INC.
pen l?O.Box 929,Brighton,CO e080t . Telephone:303-659-°"1 • /-800-x68-8609
Fax•3(.13-559-212 • hrtpa/www.unitedpoeccorn
October 13, 1999
Ms. Lynn Mayer
L.G. Everist,Inc.
7321 F. 88th Avenue, Suite 200
Henderson, CO 80640
Re: Ft. Lupton Property
Dear Ms. Mayer:
Thmk you for the detailed information concerning the electric load at the future Ft. Lupton plant.
In regard to the provision of electric service,the batch plant and crusher plant could be on the
same transformer,if they are situated in close proximity to each other. Your electrical.planner
should decide the feasibility of one transformer for both or one for each. They would
presumably each have their own meter and main disconnect.
In regard to the line relocation, your planners should propose the new route. After that, we can
meet on the site and walk the realignment.
I will reserve the cost estimates for each of the plants and the realignment until we have reached
more certain plans. As soon as you have those plans, give me a call and we will meet on the site.
I look forward to working with you.
Sincerely,
L TEDppPOWER, INC.
lux FR.
Bill Meier _
I-25 District Representative ;
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A Touchstone tiner,.y" P;,rrner
Banks and Gesso, LLC
Proof of Posting Property
Following the Certification of Sign Posting, is a copy of the sign reduced from the
posted and laminated 11 in. by 17 in. format to an 8.5 in. by 11 in. copy.
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 52 99024.WD
L.G.Everist,Inc. December, 1999
Banks and Gesso, LLC
Certification:
I, John Cunningham, the authorized representative of L.G. Everist, Inc., do
hereby certify that I posted a sign containing the following Notice for the
proposed CDMG Construction Materials Extraction Operation known as the Ft.
Lupton Sand and Gravel Mine, on December 23, 1999.
9iL9Th.
i2 - 23 - Iy
Signature Date
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 53 99024.WD
L.G.Everist,Inc. December, 1999
Banks and Gesso, LLC
NOTICE
FT. LUPTON SAND AND
GRAVEL MINE
This site is the location of a proposed construction
materials operation. L.G. Everist, Inc., 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 and Recorders
Office, 1402 N. 17th Avenue, Greeley, Colorado,
80632, 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.
Ft.Lupton Sand and Gravel Mine.CDMG.112 Permit 54 99024.WD
L.G.Everist, Inc. December, 1999
Hello