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Home My WebLink About20000042.tiff _ - _ Tuff$eApplegateinc. Consultants for Land,Mineral and Water Development LETTER OF TRANSMITTAL DATE: May 28, 1999 PROJECT: 98-261 TO: Weld County Planning Department 1400 N. 17th Avenue Greeley, CO 80631 Hand Delivered FOR YOUR: WE TRANSMIT THE FOLLOWING: O printsBluelines ❑ Use Ill Attached 0 Originals O Approval OUnder Separate Cover O Information OInformation Below 0 Copy of Letter ■ Applications ll Review& Comment 0 Specifications ❑ Material Returned 0 Other ❑ Revise &Resubmit Number of Co o ies Dated Sheet No. Descri I tion 1 5/28/99 MIIIIIIII S.ecial Use Permit A i &cation illiallimmon Remarks: See attached check list._ / ti/* °47)14:4-3/ c.%/1---6/21-- —)Signed: Copy to: ' e 98-261 an — w/Enclosures: 1 It �,, 11990 Grant Street,Suite 304 ■Denver,Colorado 80233 ■(303)452-6611 IN Fax(303)452-2759 2000-0042 ,.-- o rem 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 l� "tA FOR THE DEPARTMENT OF PLANNING SERVICES USE ONLY dO , ‘i 45e Receipt Number�€00 Case Number (. 427 Application Fe Zonin District Recording Fee Receipt Number g Application Checked By: Planner Assigned to Case VTiQ A� 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 ponerete plant-aPFIgravel mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION: NE/4 of Sect. 3, T4N, R67W; SE/4 of Sect. 34, T5N, R67W 1. 0 5 9 0. 3 0 0 0 0 2 6 PARCEL NUMBER: 0.5 2 0_a_ 0 0 0 0 2 7 (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 Name: Loveland Ready Mix • Address:P•0• Box 299 Phone: 970-667-2680 Concrete, Inc. Address: Loveland, CO Phone: ^Name: 80539 rOwner(s) of mineral rights or substance to be mined Same Address: Phone: Name: Address: Phone: Name: 4. Source of applicant's legal right to enter and to mine on the land described: recorded deed (Include certified copy of any document(s) noted Same Phone: 5. Applicants address: Phone: Address: 6. Identify any prior permits for mining held by applicant or affiliated person: None in Weld County 7. Description of Operation A. Types and number of operating and processing equipment to be used concrete batch plant, crusher, screens, wash plant, office, shop, fuel tanks, loaders, conveyors, haul trucks, concrete trucks, backhoe B. Maximum number of employees: 20 , and number of shifts: one ( 11 C. Number of stages to be worked: 6 , and periods of time each is to be worked Cell 1 - 8 yrs. , "�, Cell 2 - 4yrs. , Cell 3 - 4 yrs. , Cell 5 - 8 yrs., Cell 6 - 3 yrs. /( ' D. Thickness of mineral deposit: 22 ft. feet, and thickness of the overburden: 5 ft, E. This will be a weat/dry pit operation. F. Site entrance/exit points and County roads and bridges to be utilized between site and delivery point(s)(must be coordinated with County Engineer) Two entrance points on WCR 48 about one half mile West of S.H. 257 8. Description of reclamation A. Proposed reclamation land use(s): rangeland B. Source of technical advise for reclamation: Division of Minerals and Geology and Tuttle Applegate. Inc. C. Explanation of Reclamation Process: Backfilling of mining pit to create Stahl e slopes, topsoiling, and grass seeding 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. ' D Ste— (eV Sig at . Owner/Authorized Agent 12 - + '"'1 rTh 7httleApplegate,lnc. Consultants for Land,Mineral and Water Development May 24, 1999 Department of Planning Services Weld County 1400 North 17th Avenue Greeley, CO 80631 RE: Use By Special Review(Mining) Application, Loveland Ready-Mix Concrete Inc. Dear Planner: On behalf of Loveland Ready-Mix Concrete Inc., we are pleased to submit this application to Weld County for Use By Special Review including the uses of mining and a concrete batch plant. The 120 acre site is located north of Milliken on the west side of State Highway 257. The Big Thompson River bisects the property. This letter will note and address the submittal requirements of the Use Space Special Review packet. These requirements will include the application requirements, drawing requirements, and Use By Special Review questionnaire. Many of the requirements will be answered by the inclusion of the regular Operations Permit application to the Division of Minerals and Geology. APPLICATION REQUIREMENTS 1. Our completed application form is included along with an application fee of $1,455.00 and a publication fee to the Clerk of$20.00. The plat recording fee will be forwarded at the appropriate time. 2. A detailed subscription of the method of mining operation. a. This operation will have equipment normal to a concrete batch plant and an aggregated mining operation. Please refer to exhibit"D" in the DMG permit for a complete list. b. The operation shall have one shift lasting from 5:30 am up to 7:00 pm, six (6) days per week. Normally we would expect the operation to end at 4:30 pm. For large afternoon concrete pours, concrete trucks will return and cleanup is required to 7:00 pm. Maintenance of equipment may occur after 7:00 pm. The maximum number of employees is 20. c. The operation will be a dry pit. d. The operation will use Weld County Road 48 'h for access to State Highway 257. r There will be no concrete truck travel west of the entrance. e. The permit boundary is 120 acres. The operation involves six (6) mining cells. Please refer to exhibit "D" in the DMG permit for a complete description. 11990 Grant Street, Suite 304• Denver, Colorado 80233 • (303) 452-6611 • Fax (303) 452-2759 (Th Department of Planning Services ("1 May 24, 1999 Page 2 f. The operation will require 33 years. Please refer to exhibit "D" in the DMG for a complete description. g. The average depth of the sand and gravel is 27 feet and the average thickness of the overburden is 5 feet. h. The proposed use of the reclaimed lands is rangeland. The sides of the mining pit will be backfilled and sloped according to the reclamation plan (sheet 3 of 3). An average depth of 6 inches of topsoil will be spread over the land to be seeded with a hardy grass. i. The source of technical advice.on the reclamation is the Division of Minerals and Geology, Soil Conservation Service, and Tuttle Applegate, Inc. j. A certified list of the names and addresses of property owners within 500 feet of the application property is attached. 3. A list of the mineral owners and lessees is included. 4. Similar documents. a. Enclosed are copies of the application for regular operations permit to the Division of Minerals and Geology. b. The exhibit "G" in the DMG permit explains the water supplies for the mining operation. c. Cidverts are not required for county roads. The second half of the mining operation will require a low water crossing over the Big Thompson River. This crossing will require a nationwide permit from the Army Corp of Engineers. Since the crossing is 10 years away, the applicant will apply for the permit at the appropriate time. d. A typical cross section of interior haul roads is included on sheet 2 of 3. 5. This application is consistent with a Weld County Comprehensive Plan in that mining is a use allowed by special review in the agricultural zone. The property is within the 100 year floodplain of the Big Thompson River and mining is an appropriate use within this constraint area. This mining operation is an extraction of a valuable resource of Weld County. 6. Purposed use is consistent with the intent of the agricultural district because mining is a use allowed by special review in that district. 7. The land is presently non-irrigated rangeland. Due to the potential for flooding and the lack of water rights on the property, the land has low productivity for agriculture. Thus this proposal does not use productive agricultural land. �•.� r") Department of Planning Services 1 May 24, 1999 [ Page 3 8. This operation will provide for the protection of the health, safety, and welfare of the inhabitants of this neighborhood and of Weld County by the following: • Control of fugitive dust according to State standards. • Preservation of water quality per State standards. • Control of erosion with best management practices. • Control of noise to the agricultural district standards by berms topped with a wood fence and the operation of equipment in the lowered excavation area. • Safe operation of trucks on county roads by the operator. 9. The proposed operation is compatible with the existing surrounding land uses of agricultural and rural residential. The mining and concrete batching will be operated in a safe manor and no significant impacts will be introduced into the surrounding land uses. Mining is a recognized and established land use in these agricultural areas along the Big Thompson and Poudre Rivers. 10. With all the land in this area being included within the 100 year floodplain of the Big Thompson River, we do not expect any significant development to occur in the future. With the uses staying agricultural in nature, the mining operation will be compatible. The Town of Milliken has also acknowledged the 100 year floodplain and designated it as open. Adjoining lands are planned as industrial. 11. This proposed use is located in the 100 year floodplain of the Big Thompson River but is not within any geologic hazard or airport overlay district. The application complies with section 50 of the Weld County Zoning Ordinance. 12. Exhibit "G" of the DMG permit outlines the water supply owned by the applicant which is adequate in terms of quantity, quality and dependability to provide water for the operation and augment consumptive uses. 13. A copy of the deed is included with this application. 14. The operation will comply with the noise standards in the agricultural zoning district. Noise will be further controlled by a solid wood fence atop a 4 foot berm around the processing site. The mining of equipment will operate in the excavated pit area thus being depressed from the adjoining uses. 15.No further information has been requested by the Board of County Commissioners or the Department of Planning Services. r ter earn Department of Planning Services May 24, 1999 Page 4 DRAWING REQUIREMENTS The items required on the maps are contained on sheet 1 of 1 which includes the vicinity map and soil map, sheet 2 of 3 which is the extraction plan map, and sheet 3 of 3 which is a reclamation plan map. USE BY SPECIAL REVIEW QUESTIONNAIRE 1. The proposed use of the property is for concrete batch plant and an aggregate mining operation. The main facilities are located in the central part of the site on the north side of Weld County Road 48 'h. These facilities include an office along with a shop building and fuel tanks for the equipment. The concrete batch plant is located here along with concrete truck parking. Aggregates are processed here which includes crushing, screening, washing, and stockpiling. The mining operation is located on both sides of the Big Thompson River in a series of six (6) mining cells. Please refer to the DMG permit for a more complete description of the operation. 2. This proposal is consistent with the Weld County Comprehensive Plan in that prime agricultural lands are not consumed, valuable mineral resources are recovered for the f^ use of the citizens of Weld County, no significant impacts are introduced into the area, and the health, safety, and welfare of the citizens of Weld County is preserved. 3. The proposal is consistent with the Weld County Zoning Ordinance in that mining and concrete batching operations are use by special review within the Agricultural Zone District. 4. The site is surrounded by agricultural and very low density rural residential uses. Mining is an acknowledged and established use in these neighborhoods of Weld County. No significant nuisances or impacts will be introduced into the neighborhood, so the operation will be compatible with surrounding land uses. 5. Detailed description a. Being a wholesale business, very few customers will use the site. Besides employees,there will be minimal usage by inspectors and vendors visiting the site. b. The maximum employees on the site will be 20. c. The hours of operation are 5:30 am to 7:00 pm Monday through Saturday. Normally we expect the operation to diminish by 4:30 pm. Occasionally there may be concrete pours in the afternoon where trucks will return after 4:30 pm for cleanup and parking. Maintenance operations on the equipment may occur after 7:00 pm. r " '1 Department of Planning Services i \ May 24, 1999 Page 5 d. An office and shop building will be built on the site. The concrete plant will remain on the property. This structure involves enclosures around the facility with a maximum height of 70 feet. The crushing, screening, and washing equipment will be located on the site during the life of the excavation. Maximum height of stacker conveyors is 50 feet. e. Grazing leases will continue on the site for that property not mined yet. f. The concrete plant will be the first part of the operation to be built. For the first year or two, 18 wheel haul trucks will deliver aggregate and Portland cement to the concrete plant. When the mining operation commences, the aggregate haul trucks will cease. Ready mix concrete is the product leaving the property. It will be hauled in 10 wheel concrete mixer trucks. Initially four (4) concrete mixer trucks will be placed on the site. As growth in the area continues and sales increase, 10 concrete trucks will be located on the site. g. The Milliken Fire Department will service the site. h. Drinking water will be delivered bottled water. Water for the operation will come from the groundwater exposed during the mining operation. The applicant has sufficient water rights to augment this consumptive use of water. i. The office will have indoor toilets serviced by an individual septic system. Workers in the processing plant and in the mining operation will have port-a-let toilets. j. No storage or warehousing is proposed. 6. The proposed landscaping is part of the overall reclamation plan. As explained in the DMG permit, reclamation will involve grading, topsoiling, and seeding with a hardy grass seed mixture. To screen the processing plant area, a 4 foot berm with a 6 foot solid wood fence will be installed around the perimeter facing Weld County Road 48 '/2. In front of this berm, a series of trees and shrubs will be installed as noted on sheet 2 of 3. The types of plant materials are noted in exhibit"F" of the DMG permit. 7. This operation will use concurrent reclamation procedures. As mining occurs year to year, reclamation will be performed on last year's disturbance area. Stripping of overburden for future mining areas will be installed as backfill and create the gradual slopes into the reclaimed lakes. 8. Storm water runoff will be directed into the cells during mining. Here the runoff water will be caught in the dewatering trenches, be directed to sump holes, and then discharged into the Big Thompson River. Any insignificant offsite flows will also be directed into the mining cells. When final reclamation is accomplished, storm water runoff will drain into the reclaimed lakes. r Department of Planning Services es� May 24, 1999 t Page 6 9. All together,this operation will last 33 years. The processing area,which includes the concrete plant, the aggregate processing, and the berm/fence, will be constructed within the first several years. Landscaping will be accomplished as the processing plant is constructed. 10. The overburden and topsoil will be temporarily stored in stockpiles along the perimeter of the mining cells. It will then be used for reclamation purposes on the mining slopes. Some overburden and topsoil will be used to construct the berm around the processing plant area. Stockpiles will be located to provide minimum interference with possible flood waters. OPERATION POLICIES The operator will follow the operation policies of Weld County. Enclosed is evidence of insurance of not less than$100,000.00 against liability. RECLAMATION POLICIES The reclamation policies of Weld County will be incorporated in this operation. This letter and the enclosures include all the items required by the Special Review Submittal checklist. Please call me immediately if you have any questions about these submittal documents. Since we are interested in our application moving smoothly through your process, we are ready to respond to questions and requests you may have. Thank you for your consideration of our application. Cordially, TUTTLE APPLEGATE, INC. r' '7 \J TS Gary J. Tuttle GJT/csw Enlc. cc: Steve Fancher, Loveland Ready-Mix Concrete File 98-261 AGORD CERTIFICATE OF LIABILITY INSU NC SR RK DATE(MMiDD/6'VI VER-1 05/24/99 PRODUCER , -.w�,- �� I!" THIS CERTIFICATE IS Is AS A MATTER OF INFORMATION The Employer Source Insurance ONLY AND CONFERS NU RnHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4812 South College Ave ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Collins CO 80525 • Phone: 970-223-4744 Fax:970-223-0891. I INSURERS AFFORDING COVERAGE INSURER*: Travelers Property Casualty _ IINSURERB; Colorado Compensation Ins &BoulderRReaddy Mix MiixCConclInc NSURER C PO Box 299 I� NsuaER D: Loveland CO 80539 _ • INSURER E. _ COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERON IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY NAVE BEEN REDUCED BY PAID CLAIMS. LIP DATE M TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTNE�PG�,EXPIRATION I LIMITS (M OD/VYI I DATE(MM/DDNY) GENERAL LIABILITY i , EACH OCCURRENCE 51,000,000 A ]S, COMMERCIAL GENERAL LIABILITY�I Yd- 0-303Xi€33-Tq•g6 07/01/98 07/01 99 FIREDAMAGE L___, -.— / (AnyAnPnrells 50,000 I CLAIMS MADE XJ OCCUR IED EXP(Any one person) I $ 5,000 _- i PERSONAL&ACV INJURY 51,000,000 GENERAL AGGREGATE 52,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGO 12,000,000 POLICY 7i JECOT I LOC I •- AUTOMOBILE LIABILITY ' A X ANY AUTO COMBINED SINGLE LIMIT 51 ,000,000 Y3-810-303%1633•TIL-96 07/01/98 07/01/99 (E'3'°Plaant) ALL OWNED AUTOS BODILY INJURY 5 SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY 5 I NON-OWNED AUTOS ! (PPr accident) I _.. .._ PROPERTY DAMAGE 5 (Par accident) f'ARAGE LIABILITY I AUTO ONLY.,EA ACCIDENT S —1 ANY AUTO OTHER THAN EA ACC f I AUTO ONLY; AGO', I f EXCESS LIABILITY EACH OCCURRENCE $ 4,000,000 A — OCCUR CLAIMS MADE Y3.u-CLIP-303%163-3•TiL-9ri 07/01/98 07/01/99 AGGREGATE -Is4,000,000 _-......-I E ._ I _ i DEDUCIBLE _ 5 RETENTION 5 5 A. WORKERS COMPENSATION AND : TORY WC S LIN• r IOEH• TORY uMITSI ER EMPLOYERS'LIABILITY B 4007431 01/01/99 01/01/00 E.L.EACHACCIDENT 5100000 EL.DISEASE•EA EMPLOYE 5100000 j I EL.DISEASE-POLICY LIMIT] 5 500000 OTHER I DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLVSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Comercial Business Operations CERTIFICATE HOLDER I N I ADDITIONAL INSURED;INSURER LETTER: CANCELLATION WE LDCDU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE WELD COUNTY CO. EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL r/r^�, c/o WELD CTY ENGINEERING DEPT 10 DAYS WRITTEN NOTICE TOTHE CERTIFIC HOLDER NAMED TO THE ' To Whom It May Concern LEFT,BUT FAILURE TO D080 SHALL IMPOSE NO LIGATION OR LIABILITY OP 933 N 11TH AVE GREELEY CO 80631 ANY KIND UPON THE INSURER,I TS OR P 5 TATIVES. ..Keith Benner ACORO 25-S (7(97) " AC RD CORPORATION 1 8 fl LEASE OF FULLY CONSUMABLE WATER ♦+� THIS LEASE is made and entered into this / day of JF},j , ( 1998 , by and between the City of Loveland, Colorado, a Colorado home rule municipality ( "City" ) , whose address is 500 East Third Street , Loveland, Colorado 80537, and Loveland Ready Mix, a Colorado corporation ( "Lessee" ) , whose address is 1811 West 12" Street, Loveland, Colorado 80537 . WHEREAS, the City owns certain water which, pursuant to the water laws of the state of Colorado, may be used, re-used and successively used to extinction (the "Fully Consumable Water" ) ; and WHEREAS , the Lessee wishes to lease from the City the right to use a portion of the City' s Fully Consumable Water; and WHEREAS , the City is willing to lease to Lessee a portion of its Fully Consumable Water pursuant to certain terms and conditions as set forth in this Lease, NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows : 1 . The City hereby leases to the Lessee the right to receive two hundred acre feet of the City' s Fully Consumable Water, as defined in paragraph 4 of this Lease, on an annual basis . This Lease shall be for a term of twenty-five (25) years, ending on fl c.31, 2D7.2, However, Lessee shall have the option to renew this Lease for successive terms of twenty-five years, which option shall terminate only if Lessee is in default of its payment obligations under paragraphs 6 or 7 of this Lease or if Lessee elects not to exercise its option to renew by giving notice to the City pursuant to paragraph 13 of this Lease not • later than three (3) months prior to the end of any twenty-five (25) year term. In the event Lessee is not in default of its payment obligations and elects to renew the Lease for any successive twenty-five year period, Lessee shall not be required to pay any additional amounts under this Lease for the right to receive its allotted amount of the City' s Fully Consumable Water as set forth above . 2 . The two hundred acre feet of Fully Consumable Water which the Lessee shall be entitled to receive annually is /"1 hereinafter referred to as the "Leased Water. " The parties recognize that, simultaneously with the execution of this Lease, the City has leased the right to receive one hundred acre feet of its Fully Consumable Water to Coulson Excavating Company and that the City may, in the future, lease additional portions of its Fully Consumable Water to persons other than Lessee . The Lessee' s right to receive two hundred acre feet of the City' s Fully Consumable Water pursuant to this Lease shall be equal to the right of Coulson Excavating Company to receive its one hundred acre feet of Fully Consumable Water such that in the event less than three hundred acre feet of Fully Consumable Water is available in any year, Lessee and Coulson Excavating Company shall each be entitled to receive a proportionate share of the available Fully Consumable Water. The right of Lessee to receive two hundred acre feet of the City' s Fully Consumable Water under this Lease shall be deemed to be a first right relative to all others, such that in the event the available Fully Consumable Water in any year is in excess of three hundred acre feet but is not sufficient to meet the needs of all persons holding leases of Fully Consumable Water, Lessee shall receive up to its entire two hundred acre feet allotment from the first three hundred acre feet of Fully Consumable Water available . 3 . In consideration of the right to receive the Leased Water, Lessee shall , upon execution of this Lease; pay City the sum of m t. I Dollars in certified funds . By entering into this Lease with the Lessee, the City is and shall be under no obligation to file an application for a change of water rights or for a plan of augmentation concerning the use of the Leased Water by the Lessee . The City shall not be responsible for the implementation of any temporary substitute.supply plan or augmentation plan concerning the use of the Leased Water. The cost and expense of any such proceeding shall be that of the Lessee. The City agrees to furnish sufficient Leased Water so that, subject to the provisions of this Agreement, the net usable first use or subsequent use water obtained by the Lessee shall be 200 acre feet . The City shall not be obligated to deliver Leased Water to Lessee unless Lessee shall have first provided written notice to the City that Leased Water will be required in a given year by April 1 of the preceding year. The City shall deliver the Leased Water under this Lease in a total annual quantity as specified by the Lessee and at specific monthly delivery times and in specific monthly quantities according to the evaporation table, attached hereto as Exhibit A, or as otherwise agreed by the City and the Lessee in writing. In no event shall the monthly deliveries exceed the ^ monthly amounts shown on Exhibit A unless hereafter agreed in writing by the City and the Lessee . The Lessee shall not hate the right to carryover from month to month or from year to year any Leased Water which was deliverable, but not requested for delivery, in a prior time period. If the maximum allowable delivery under this Lease is not requested by Lessee in any month, the right of Lessee to call for the delivery of such water shall lapse and all such water shall remain the sole property of the City. 4 . In 'supplying the Leased Water pursuant to this Lease, the City may use any water, including, but not limited to the following sources of water which may be used to extinction (the "Fully Consumable Water" ) : a . Native water from the Big Thompson River basin which, when stored within the City' s reservoir system, may be totally consumed pursuant to the terms and conditions of the Decree for Change of Water Rights for the City of Loveland, dated June 18, 1985, Case No. 82 -CW-202A, Water Court Division One, State of Colorado or subsequent actions; and b. Water under an Allotment Contract with the Municipal Sub-District of the Northern Colorado Water Conservancy District (the "Northern District" ) , commonly known as Windy Gap Water; and c. Any water subsequently acquired by the City and determined by Water Court Decree to be totally consumable. 5 . The City shall have the right to deliver the Leased Water to Lessee from any of the sources of Fully Consumable Water, at the City' s sole discretion, and shall have the right to determine if any or all of the Leased Water shall be first use water or subsequent use water. The City shall never be required to deliver first use water, even if it is the only Fully Consumable Water available to meet the terms of this Lease . In the event the only water available to the City to meet the terms of this Lease is first use Windy Gap Water and the City is willing to deliver such first use water, the City shall notify the Lessee prior to delivering such water and the Lessee shall have the option to accept the first use Windy Gap Water and pay ^ the costs of delivering such water pursuant to the terms of ` paragraph 6 of this Lease . In the event the Lessee refuses to accept the delivery of the first use Windy Gap Water, the City shall be deemed to have met its obligations under this Lease, until such time as a source of Fully Consumable Water, other than first use Windy Gap Water, becomes available . In the event the City is reasonably able to but fails to exercise its rights under Case No. 82CW202A sufficient to meet the demands under this Agreement, (unless the exercise of such rights would impair the City' s ability to meet the normal domestic needs of the City) , and the only water available to the City to meet the terms of this Lease is first use Windy Gap Water, the Lessee shall not be required to pay the delivery charges provided in paragraphs 5 or 6 for the delivery of such first use Windy Gap Water. 6 . In the event the Lessee agrees to accept the delivery of first use water from the City' s allotment of Windy Gap Water, Lessee shall pay to the City, the total costs of all pumping and conveyance charges, plus any assessments and fees for administrative, operating, maintenance and any other fees or costs charged by the Sub-District for delivery of the water to the City. The Lessee shall pay the City the total estimated costs in advance, and the City shall not be obligated to deliver any such water until it has received the full estimated payment . In the event the estimated costs paid by the Lessee are less than the actual costs incurred by the City in delivery of Windy Gap Water to the Lessee, Lessee shall pay the City any additional amounts owed within thirty days of receipt of an invoice from the City setting forth the amount owed. In the event the Lessee shall fail to pay such additional amounts upon receipt of an invoice from the City, the City shall have the right , in addition to any other legal or equitable remedies it may have, to refuse to deliver any Leased Water until such time as all additional amounts owed pursuant to this paragraph have been paid in full . In the event the estimated costs paid by the Lessee are greater than the actual costs incurred by the City in delivery of Windy Gap Water to the Lessee, the City shall refund any excess within thirty days of the City' s receipt of an invoice from the Northern District . 7 . Lessee shall pay the City' s reasonable costs incurred in administering the terms of this Lease . For the first five years of this Lease, the administrative costs shall be One Thousand and 00/100 Dollars ($1, 000 . 00) per year, payable in advance . The City shall recalculate the reasonable administrative costs every five years and inform the Lessee in writing of the change at least thirty days prior to the start of the new five year period. In the event the Lessee does not require the feTh delivery of any of the Leased Water in a given 'year, there shall be no administrative costs charged. The City shall invoice the Lessee for the annual administrative costs in January of each year and Lessee shall pay said costs within thirty days of the invoice date . In the event the Lessee shall fail to pay its accrued administrative costs in any year, the City shall have the right , in addition to any other legal or equitable remedies it may have, to refuse to deliver the Leased Water until such time as all accrued administrative fees have been paid in full . 8 . At the option of the City, delivery of the Leased Water shall be made at the City' s Waste Water Treatment Plant, 700 South Boise Avenue, Loveland, CO, or at such other downstream location or locations above the Lessee' s original point of need as agreed by and between the Lessee and City in writing. Lessee shall not unreasonably withhold its approval of any request by the City to move the point of delivery. 9 . Subject to the provisions of paragraph 5, the City shall only be obligated to deliver the Leased Water to the Lessee if water meeting the requirements of this Lease is reasonably available to the City. In the event of a drought or other ' conditions, restrictions or emergency situations beyond the control of the City which limit the City' s ability to receive or deliver all or a portion of the Leased Water to the Lessee, the ' City shall be relieved of its obligations to deliver such water under the terms of this Lease until such time as conditions ' permit the City' s receipt and delivery of the Leased Water. 10 . The Lessee shall take the Leased Water AS IS and the City makes no express or implied warranties of any kind or nature, including the warranties of merchantability or fitness for a particular purpose, concerning the water quality of the Leased Water. 11 . In the event the Lessee wishes to assign, encumber or exchange its rights to receive all or any portion of the Leased Water not already used to satisfy a temporary substitute supply plan or permanent augmentation decree to a third party, the City shall have the first right of refusal to reacquire said rights . In such event , Lessee shall notify the City in writing and shall provide the City with a copy of the signed agreement between the Lessee and the third party. The City shall have the right to reacquire the water rights within ninety days from receipt of the notice, by informing Lessee of its intent to exercise its first right of refusal and by paying Lessee the contract price as set forth in the agreement between the Lessee and the third party. If /s\ the City does not exercise its right of first refusal , the Lessee f may assign or transfer its rights to a third party, and the third party shall be bound by all terms and conditions of this Lease, including the obligation to allow the City the first right of refusal on any transfer or assignment of the Leased Water, it being the intent of this Lease that the City' s right of first refusal shall apply to each and every transfer of the Leased Water which may arise at any time during the existence of this or any subsequent Lease . The right of first refusal set forth in this paragraph shall not apply in the event the Lessee wishes to assign, encumber or exchange its rights to receive all or any portion of the Leased Water to a third party pursuant to an exchange which is a transfer, sale or assignment of all or substantially all of Lessee' s assets to said third party. 12 . After the City has increased the storage capacity of Green Ridge Glade Reservoir to at least five thousand (5, 000) acre feet, and upon sufficient advance written notice so as to permit the City to place appropriate orders for replacement water, the Lessee may temporarily sub-lease the Leased Water or portions thereof to third parties without activating the City' s right of first refusal as set forth in paragraph 11, so long as the length of the sub-lease term and the amounts and times of discharge required by the Sub-lessee are acceptable to the City. Any such lease arrangement shall firstabe provided to the City for its review and approval , which approval shall not be unreasonably withheld. 13 . All notices shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses : If to City, to: City of Loveland Water & Power Department Attn: Ralph Mullinix, Director 200 North Wilson Avenue Loveland, Colorado 80537 with a copy to: City of Loveland Attn: City Attorney 500 East Third Street Loveland, Colorado 80537 riN If to Lessee, to : Loveland Ready Mix 1811 West 12th Street Loveland, Colorado 80537 . 14 . No alteration or other modification of this Lease shall be effective unless such modification shall be in writing and signed by the parties . 15 . In the event any portion of this Lease should become invalid, the remainder of the Lease shall remain in full force and effect . 16 . This Lease shall be governed by and construed in accordance with the laws of the State of Colorado. This Lease shall inure to the benefit of, and be binding upon, the successors in interest of the respective parties . IN WITNESS WHEREOF, the parties have executed this Lease on the day and year first above written. CITY OF LOVELAND Mayor ATTE• •' COL '' .04 City Cler SAPPROVED AS TO FORM: City Att orneeyyJ� LESSEE LOVELAND READY MIX ) a Q Kosr /z Its : President ATTEST d-gimiej Secret ' EXHIBIT A TO LEASE OF FULLY CONSUMABLE WATER BETWEEN THE CITY OF LOVELAND AND LOVELAND READY MIX EVAPORATION BY MONTHS MONTH PERCENT_EVAPORATTON January 3 . 0% February 3 . 5 March 5 . 5 April 9 . 0 May 12 . 0 June 14 . 5 July 15 . 0 August 13 . 5 September 10 . 0 October 7 . 0 November 4 . 0 December 3 . 0 r (1141 n EXHIBIT D Mining Plan The Dunn Property has a significant commercial deposit of sand and gravel located in the alluvium of the Big Thompson River in Weld County. There are no existing mining operations immediately adjacent to this property. Most of the adjacent property is agricultural land. Mining will occur over a period of 33 years in 6 mining cells (see Exhibit"C"). To facilitate mining, each cell will be dewatered by trenches and pumps. Initially, scrapers will strip the topsoil and overburden. The topsoil is six inches in depth and will be stockpiled separately. The overburden consists of clayey sand and silty sand and it will also be stockpiled separately. Later these stockpiles will be used in reclaiming and sloping the lakeshore. With in- progress reclamation, it is the intent of the operator to replace the overburden and topsoil in its final location quickly. As mining progresses, the operator will replace the topsoil and spread it on the lakeshore immediately after it is stripped from a new mining area. Direction of mining is generally away from the river. When the alluvium is sufficiently dry; backhoes, draglines or front-end loaders will excavate the material and deposit it in either haul trucks or conveyors, which will transport the material to the aggregate processing area. Last, the processing area will be mined, after which all equipment will be moved offsite. The subsurface drilling indicates that the deepest deposits are in the east section and may be up to 35 feet in depth. The shallowest deposits are to the west and are 25 to 35 feet deep. The first area to be dug will be Cell 1. The next area will be Cell 2, and so on, through Cell 6. For the first few years, aggregate will be hauled onto the site to supply the concrete plant. Annual production will depend upon the demand for construction materials on the northern Front Range. The anticipated production is from 100,000 to 300,000 tons per year. This production will also vary depending on the amount of outside sales. Generally we believe the mine will progress according to the following time table: Cell 1 8 years Cell 2 4 years Cell 3 4 years Cell 4 3 years Cell 5 8 years Cell 6 3 years Final Reclamation 3 years Total Operation 33 years D-1 — eaN r During the fast 30 years, the processing plant will operate. The processing area contains the crushing, screening and washing equipment for the raw material. Most of the material will be washed for use in the on-site concrete plant. The following equipment and facilities may be utilized in this operation: Loaders (2) Bottled Water Scraper (2) Aggregate Wash Plant (1) Feeders (2) Fuel Truck (1) Fuel Tank (2) Electric Control Van(1) Screens (2) Mechanic Truck(1) Generators (2) Stacking Conveyor(3) Backhoe Excavator (1) Dozer(1) Crushers (1) Concrete Batch Plant(1) Road Grader(1) Conveyors (6) Haul Trucks (3) Ready Mix Concrete Trucks (10) Backhoe (1) Dragline (1) Portable Toilets (3) Shop Building (1) Office Trailer (1) In order to gain an understanding of the extent of the mining operation, it is helpful to know the acres disturbed by different aspects of the mine. We have selected a point in time where the mining disturbance could be at its maximum. This occurs during the mining of cell 4. Here roads will be at their maximum length. The following acres of disturbance apply at this time: Stripped overburden and topsoil in anticipation of mining 3 Acres Active mining area 4 Acres F/+\ Topsoil and overburden stockpiles 1 Acre De-watering trench 0.5 Acre Roads 2 Acres Aggregate processing and concrete plant 8 Acres Settling pond 2 Acres Lakeshore backfilled and final graded with topsoil 2 Acres Lakeshore reseeding 1 Acres Total Disturbed Area 23.5 Acres By pumping, groundwater will be discharged from all mining cells into the Big Thompson River (see Exhibit"C"). The sand and gravel deposit varies from 20 to 30 feet deep. The overburden and topsoil vary in thickness from six inches to six feet. Bedrock under the deposit is sandstone and siltstone. Sand and gravel is the primary mineral produced. Principal intended use of the mine products is concrete aggregates. These aggregates will be included in the concrete produced on-site. r D-2 n r EXHIBIT E Reclamation Plan The beneficial end use is designated as rangeland around the lakes. The paved access roads into the area will be left intact. In the final reclamation state, the land will be reclaimed in the following categories: Lake 58 Acres Shoreline 16 Acres Backfilled 32 Acres Undisturbed ground 14 Acres Total 120 Acres Slopes along the shoreline will be at a maximum of a 3:1 slope. As the mining progresses through a certain length of shoreline, the overburden and topsoil will be replaced on the lakeshore above the projected waterline. In this rural area of Weld County, agriculture and mining are predominate uses of land along the Big Thompson River. Thus the post mining use proposed here is compatible. The Weld County Comprehensive Plan allows for mining uses in the rural and agricultural zones. The operator will comply with Rule 3.1 according to the following measures: Reclamation Measures/Materials Handling The mining will create the rough topography for the lakeshores. Instead of being mined vertically, these lakeshores will be mined at a 3:1 configuration. See details on Exhibit C for proposed lakeshore configuration. Overburden and topsoil will be placed on the shoreline for final grading. Compaction of this overburden will occur by the scrapers and dozers which place the soil. There are no structures proposed here so no greater compaction is required. Final grading will be done along the contours and re-vegetation will occur as soon as possible to prevent erosion. Lakeshores will be graded and seeded within one to two years after the mining occurs. The mining will leave no highwalls on the property.No acid forming or toxic materials are used in the mining. There will be no auger holes, adits, or shafts left on the property. The operator will utilize concurrent reclamation in this operation. �'"1 EA 1941 Backfill generated on the site will include concrete, silts and clays from the materials washing operation and non-marketable fine material. These backfill materials will be placed along the mining slopes of the cells to create the lakes shore configurations. Inert fill generated off the permit area will also be brought onto the site as backfill. This material could include concrete, rock, soil, and brick. These off-site inert materials will be disposed of in a similar manner as those generated on-site as described above. Since this material is inert, there will be no release of pollutants. This reclamation plan identifies off-site material to be used as backfill. Therefore, no further notice to the Division is required. Water - General Requirements Disturbance of the area will be done to minimize the effect on the prevailing hydrologic balance as follows: a. The operator shall comply with all applicable Colorado water laws. b. The operator shall comply with all applicable federal and State water quality laws and regulations. c. The operator shall comply with all federal and State requirements for dredge and fill. d. The operator shall regrade all sediment in siltation structures after mining is completed. r Groundwater-Specific Requirements The operation will not affect groundwater quality on or off the site. The operation will comply with all state groundwater quality standards. In the wash plant, water will be recycled to a settling pond. Flocculants may be utilized to assist in the settling out of suspended solids. Flocculants used will not contain hazardous or toxic materials. The water recycled in the washing operation will not be released into any waterways. The clays and silts salvaged from the washing operation may be used as fill material. All chemicals and materials used in the concrete plant will be stored and handled properly according to separate permits with the Colorado Department of Health. Due to the absence of any pollutants, groundwater quality monitoring is not required in this operation. �.,. E-2 Wildlife The proposed reclamation plan does not propose to create wildlife habitat. All activities will be planned considering the safety and protection of wildlife on the property. Some species may be temporarily displaced by the mining activities. These species are expected to reestablish with no difficulty after the reclamation has been completed. The creation of the lakes will create more opportunities for aquatic birds, mammals, and fish. Topsoiling The top six inches of soil is classified as topsoil. This layer includes the root zone of the grasses. It will be stripped and stockpiled separately. By using concurrent reclamation techniques, the topsoil in the stockpile should only remain for one to two years. If the stockpile remains more then one growing season, it will be seeded with Wheatgrass to prevent erosion. Topsoil will be replaced in reclaimed areas in the same six inch depth. Re-vegetation The purpose of re-vegetation is to re-establish the pasture grasses for cattle and horses. Slopes will be no greater than 3:1. The grasses were selected to be long lasting and regenerate (s'. themselves. The ground will be fine graded and prepared for seeding. Fertilizers will be used according to recommendations from the Soil Conservation Services. The operator will contact the Soil Conservation Service periodically throughout reclamation for soil tests. If a significant invasion of noxious weeds occurs,the area will be mowed periodically for control. Weeds will be mowed before they go to seed during the first growing season. Mechanical control will be used as a first priority. Chemical methods will only be used if no other alternative produces acceptable results. As mining operations are completed, the area will be graded and shaped. Runoff or excess water from adjacent areas will not be allowed to flow over any of the slopes. Berms will be constructed to divert this excess water and dispose of it in a safe and non-erosive manner. The seedbed will be worked up and be weed free and firm at the time of planting. If the seed is broadcast, the seeding rates will be doubled. E-3 I r Based on the soils in the area,the following seeding mixtures are recommended: Vaughn Side Oats Grama 30% 1.35 #PLS/ac. Grenville Switchgrass 20% 0.5 #PLS/ac. Lovington Blue Grama 20% 0.3 #PLS/ac. Barton Western Wheatgrass 30% 2.4 #PLS/ac. -OR- Barton Western Wheatgrass 30% 3.2 #PLS/ac. Luna Pubescent Wheatgrass 30% 3.6 #PLS/ac. Lincoln Smooth Bromegrass 40% 1.30 #PLS/ac. Seeds will be planted with a drill equipped with depth bands and press wheels. The seeded areas will then be covered with straw mulch at a rate of 4,000 pounds per acre. The straw will be crimped into the soil to control erosion until the grass becomes established. Seeding will be done between November 1 and May 1 and as soon as possible after fine grading is completed. Cattle and horses will not be grazed on the re-vegetated areas for at least two years so the grasses can become established. Trees and shrubs will be planted in clusters near the processing plant as indicated on the F Reclamation Plan Map. Each cluster will contain two (2) to five (5) trees and four (4)to ten (10) shrubs. Trees will be selected from the following list: Willow Cottonwood Hackberry Honey Locust Scotch Pine Ponderosa Pine Eastern R.ed Cedar Rocky Mountain Juniper Shrubs will be selected from the following list: Winterfat Snowberry Native Plum Sandcherry Rabbit Bush Siberian Peashrub Sumac Lilac Tartarian Honeysuckle Trees and shrubs will either be nursery grown or native collected stock. The newly planted trees and shrubs will be watered from a truck for the first several years. Reclamation will occur as mining progress throughout the life of the mine. During the fall those areas mined during the past year will be graded with overburden and topsoil. Seeding and mulching will generally occur in the fall. r E-4 r. EXHIBIT G Water Information The Milliken side is located in the lower Big Thompson River basin. The proposed mining operation will impact the Big Thompson River in the form of depletions due to evaporation and losses associated with the mining operation. However these impacts are of minor consequence during mining and can be mitigated without injury to senior water rights. In the long term,the mining operation will create six (6) lakes with a total area of 58 acres of surface water. These lakes will be unlined and will be hydraulically connected to the alluvial aquifer. Thus the lakes will create an evaporated loss to the aquifer which constitutes a consumptive use. Exhibit C includes a pre-mining plan which shows water resources on the property. The Big Thompson River flows through the center of the site in an east west direction. On the north side, the Union Pacific Railroad grade blocks surface water from entering the site. On the south side, Weld County Road 48 1/2 is on a fill and blocks water coming from the south. There are numerous small stock water ponds on the property. These ponds were dug in the depressions created by remnant river channels. No active irrigation ditches occur on the property.ib\f The mining operation will excavate the Big Thompson River alluvial aquifer. It is 27 feet thick and sits on a siltstone-claystone bedrock. Underneath this first bedrock stratum, the Larimie-Fox Hills aquifer occurs. The mining will be a dry operation. Prior to mining in each cell, a dewatering trench will be dug partially around the parameter of the cell. The dewatering trench will extend through sand and gravel resource and slightly into the bedrock. Ground water will flow along the trench into a sump hole where it will be allowed to settle out prior to pumping into the Big Thompson River. During the mining operation, overburden and topsoil strippings will be placed directly on side slopes to backfill to the proper slope configuration. Thus we expect very few stockpiles during the operation. Initially there may be some overburden and topsoil stockpiles for fmal reclamation located along the edge of the pit. If left in place longer than one growing season,the stockpiles will be seeded with rye and wheat grass. Runoff from these stockpiles will be directed into the pit. Thus the runoff will be captured inside the pit, flow into the water trenches, settle out in the sump hone, and be pumped into the Big Thompson River. G-1 1 I- r, The entire site is located in the Big Thompson River one hundred year floodplain as shown be the FEMA map. All work in the floodplain will conform to the Weld County Flood Hazard Regulations. Due to the removal of material from the site, the net floodplain cross sectional area will increase and provide more flood storage than what currently exists. Water Use Water use at the site will include evaporation from exposed groundwater, water retained from material removed from the site, dust control of haul roads and stockpiles and water used in the batching of concrete. Mining in proposed areas will intercept the water table. In order to allow for dry mining of the material, de-watering trenches will be constructed around the perimeter of the pit and the water pumped into the Poudre River. Therefore, the evaporative losses at the site will only consist of the exposed water within the trenches and the exposed water in the settling ponds listed on the site map. Approximately 2.0 acres of water are exposed in the wash ponds. The exposed water associated with the de-watering trenches in estimated at .05 acre. Total exposed water is 2.5 acres. The annual gross evaporation for the site is 45 inches at the subject location as taken from NOAA Technical Report NWS 33. The annual precipitation at the site is estimated to be the same as the nearest weather station to the site which is located in Greeley. The annual mean precipitation is 14.20 inches. Effective precipitation was determined in order to compute the net lake evaporation. Effective precipitation was computed as 70%of the total precipitation. Effective precipitation was then subtracted from the gross evaporation to obtain the net evaporation. The net annual evaporation from a lake surface at the subject site is 2.9 ft. The resulting net annual evaporation for 2.5 acres of water during the mining operations is 7.25 acre-ft. There will be excavation and stockpiling of mined material on site. The water contained in the material when mined is considered as consumptive use and must be accounted for. The operator anticipates that 100,000 tons of material will be mined and washed from the area annually. Assuming a 4% moisture content by weight, as suggested by the State Engineers Office,the depletion would total 2.9 acre-feet per year. Water use at the site also includes water used for dust control. This will include water applied to haul roads and stock piles. It is estimated that dust control will consist of a 2,000 gallon capacity water truck once a day (Monday through Friday) for nine months. These estimates result in a consumptive use of 0.6 ac-ft/year. G-2 Water will also be used in the batching of concrete on the plant resulting in an annual consumptive us of 3.22 ac-ft. This consumptive use was spread over the nine months which concrete would be produced in. The total annual consumptive uses associated with the mining operations are as follows: Evaporation 2.5 acre-feet Moisture Retained in Product 2.9 acre-feet Dust Control 0.6 acre-feet Water Used in Concrete Production 3.22 acre-feet Total 13.97 acre-feet Water Consumptive Use The mining operation will result in ground water lakes which are hydraulically connected to the Big Thompson River aquifer. Thus,the net evaporation from these lakes will be 2.9 acre feet per acre per year. With 58 acres of exposed water surface, the net evaporation from the site will be 168 acre-feet per year. rig\ Water Rights for Augmentation The operator will be providing necessary water rights for all water losses during and after the operation. The operator owns 200 acre-feet of total consumptive use water which was permanently leased from the City of Loveland. In order to prevent injury of senior or water rights along the Big Thompson and South Platte Rivers, augmentation of the depletions at the site will be required. During mining, it is extimated that 13.97 acre-feet of ground water will be consumed each year. The City of Loveland water will be committed for these depletions. Once the mining operations are complete, groundwater will fill in the pits. For 58 acres of surface water, 168 acre-feet of water will evaporate from the lakes each year. Again, the City of Loveland water will be used to augment these losses. These long term augmentation obligations will be established according to Colorado Water Law and formally addressed once mining nears completion. �"`� G-3 re') elhaN Surrounding Water Rights Exhibit"G-l" shows the permitted and/or adjudicated water rights within '/2 mile of the site. Well and water rights tabulations from The State Engineers office we will use to locate the surrounding wells and water rights as shown on exhibit G-1. These tabulations are also included at the end of this exhibit. Three wells are located approximately '/z mile upstream of the site and three wells are also located approximately 1/2 mile downstream of the site. Although there may be other wells in the area, they are not registered and permitted with The State Engineers office It should also be pointed out that the Big Thompson River in this area is recognized as a"gaining reach" of the river. The River is being recharged in this reach from return flows coming from irrigated agriculture. The return flows will partially help mitigate draw-down from de-watering operations because of the quantity and volume of water that is flowing to the River. The wells that are located in this area are generally associated with agricultural uses and as such would see the majority of the return flows in times when they are needed. Because the site and surrounding areas are located in the alluvial sands and gravel of the Big Thompson River with a very high transmissivity, the return flows from irrigation in the areas should occur primarily during the irrigation season. Discharge Permit A Discharge Permit has been applied for with the Colorado Health Department. This permit will be obtained before the mining operations discharge groundwater into the River. r G-4 r EXHIBIT H Wildlife Information The area within the proposed permit boundary consists mainly of non-irrigated pasture land and is currently overgrazed. This area provides limited wildlife resources for forage or cover. Seasonal use of the Big Thompson River may vary by species. Migrating waterfowl may use the area for resting and overnight stops from September through December. Bald eagles may use this area along the river for hunting and resting from mid January to mid April. Various reptiles, amphibians, shorebirds, hawks, owls, small mammals and deer may use the river corridor on a year-round basis for nesting, cover and food. As stated above, Bald Eagles may use this area during the winter. The permit area does not contain any known roosting trees or nest sites for eagles. There are no other known threatened or endangered species from either the federal or state lists using this area. During mining activities, the additional human activities may disturb some of the animal residents of the area. As the mining is proposed to be confined to specific areas to limit the total disturbed acreage at any one time, this will help limit the disturbance to the wildlife of the area. Following the reclamation of the area,there will be additional water surface in the area. Species impacted by the mining are expected to return to the area following reclamation efforts, with a possible increase in numbers and species due to the change in potential habitat. H-1 • •• (slit fl EXHIBIT J Vegetation Information As stated in Exhibit "H",this area has been severely grazed. Throughout the site, little native vegetation exists, and grasses such as blue grama,western wheatgrass and buffalograss cover the site. Sideoats grana.a, prairie sandreed, sedges, forbes, little bluestem, and flowering saltbush are the other types of vegetation found on the Milliken Site. Notes on the soils map for Exhibit"I" - Soils Information, indicate the relationship of the present vegetation to the soil types. f reN J-1 I I..1 ) ) Dle 1 of l Monthly Climatic Data for FORT LUPTON SE for years 1931 - 1976 Station - 53027 Latitude - 4005 Longitude - 10443 Elevation - 4900 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual Monthly mean temperature. Ave 27 .1 31.5 37.7 47 .7 57.4 67 .0 73 .3 71.3 61.7 50. 9 37.5 29.7 49.4 Max 38.4 44.0 44 .9 55.3 64.2 73 .1 79.0 76 .2 66.6 56 .2 46.7 39.3 53 .5 Year 1953 1954 1946 1954 1934 1956 1954 1937 1953 1963 1949 1933 1954 Min 10.8 18.2 28.4 40.6 50 .8 60.7 69.5 67 . 1 55.0 38 . 6 29.3 17. 8 47.4 Year 1937 1942 1965 1945 1935 1967 1950 1967 1965 1969 1972 1932 1942 Count 43 42 44 41 42 43 44 44 42 42 43 43 33 Monthly mean maximum temperature. -3 Ave 41.4 45.6 52 .4 63 .2 73 .0 83 .5 90.7 88.3 78 . 8 67.4 52 .5 44 .1 64 .9 Max 54.0 62 .1 62 .2 74.4 80.6 94 .3 96.3 94 .4 88.1 75. 1 66.8 59.0 71.0 Year 1953 1954 1972 1954 1934 1956 1954 1937 1953 1963 1949 1938 1954 Min 23 . 1 30.5 43 .1 54.4 61.3 73.2 84.1 83 . 8 69.8 50.7 42 .2 30 .7 61.7 Year 1937 1942 1965 1945 1935 1967 1967 1963 1965 1969 1972 1932 1942 Count 43 42 44 42 42 43 44 44 42 42 43 43 34 Monthly mean minimum temperature. Ave 12 .7 17.4 23 .0 32 .3 41. 8 50.4 56.0 54 .2 44 .6 34 .4 22 .4 15.3 33 .8 Max 23 .4 26.0 30.3 37.6 47 .7 55.5 61. 6 58.1 52.3 39.4 27.6 25 .3 37. 1 Year 1953 1954 1938 1943 1958+ 1933 1954 1938+ 1940 1957 1953 1933 1934 Min -1.4 5 .9 13 .6 26 .4 37 .5 44.2 51.9 48.7 38.3 26.5 16.3 4 .3 30.5 Year 1937 1942 1965 1973 1950 1951 1972 1975+ 1975 1969 1975 1972 1966 Count 43 42 44 41 42 43 44 44 42 42 44 43 33 Total monthly precipitation. J Ave 0.42 0.42 0.73 1.49 2 .41 1.65 1.25 1.20 1.25 0.76 0.45 0.34 11.75 Max 2 .22 1.45 3 .17 3 .91 7 .46 4 .49 3 .72 5.21 6.02 3 . 82 1.72 1.27 19. 02 Year 1949 1942 1961 1942 1949 1949 1965 1945 1938 1969 1972 1973 1967 Min 0.00 0.00 0.00 0.00 0. 00 0.00 0 . 03 0.00 0.00 0. 00 0.00 0. 00 6 .57 Year 1957+ 1970+ 1957 1957 1957 1952 1963 1950 1956+ 1943+ 1965+ 1957 1957 L'-.--3 1 ount 44 45 45 43 44 43 44 44 42 44 44 44 39 11 I il il -\. -3I Veld County Planning Gap_ 3 SO I;' 5 NOV 03 1999 tp://cec.atmos.colostate.edu/cgi-bin/mlydb.pl 5/5/99 RECEIVED , I A 1 EXHIBIT K e -- 1 fl CLIMATOLOGY REPORT NO. 77-I . 1 FORT LUPTON 05 3:27 : COLORADO CLIMATOLOSY OFF:cE COLORADO STATE UNIVERSITY PT. COLLINS, CO. 80523 1 TE"PERATCRE ( T1 PRECIPITATION (INCHES) "(4'S L.'ICf5 K6'• L: ;r Mai Y;`; a 1' f . �' �Y q: •gY sE S3 6d S• L E ' .• Si rg Y: Y z w . Y n ^e$ vg :4 ..g Y E.o Y o !' 'c8 ' o ow ^k sY 1 .►. a3.: 12.421.: 70. 1054 5 -27. IDS!It 0.9 4_3-':.1 5.3 .40 .44 IN: I7 4.1 13. 1642 I: 1.3 :.C ' ID 41.5 :1.7 3'.4 7•. :654 1 dr. 195: I 0.0. 3.527.2 2.4 .14 .s: 1651 :5 5.7 0. 1945 15 L/ :.. ... PJ 5:.0 2'.7 5:.1 I:. 1943 21 -13. 163: 3 0.C 2.4 21.2 1.1 .K 1.00 1951 25 I. 1159 25 5.: .4 .t 1+ 1 4" 4a.: 5:.4 a.: 17. 105524 4. 1653, 12 0.0 .2 14.4. 9.0 1.04 65 2.29 17 15 1.7 O. 0944 3 3.2 .3 .1 no .4.5 J:.0 34.: N. 195.1 2: 14. 1654 2 0.0 ' 2.0 0.0 2.05 2.45 1041 13 0.0 1. 0 0 1.9 1.4 .4 13.4 5:.5 47.0 Oct. IOSL 23 5:. 105: 4 9.4 1.1 .2 0.0 1.55 1.03 1970 II 0.0 1. 0 0 4.4 .1 .4 • 1 ..- 4... 54.2 73.3 IC7. 1954 :I D. 1645 51 11.7 0.0 0.0 1.0 1.25 1.39 1645 24 0.C 1. 0 0 5.a .S .5 e 1'.; 1-.7 Sa.: 7:.0 :;2. 1954 3 37. 1644 3; 12.4 0.0 1.1 0.0 1.23 1.40 1951 3 1.0 1. 0 I 5.C .4 0.0 SE-7 71.1 i4.: U.S I:3. 1152 I 24. 1642 I: 1.5 0.0 1.0 0.0 1,14 2.2C 1955 19 0.0 1. 0 0 2.5 .► .2 I .-C 41.: 33.2 53.7 02. 1053 I -1. 1941 14 1.3 .1 14.5 .0 .07 1.34 1151 5 .1 II. 1069 IS 2.5 .4 1.0 ?. . 53.: 22.: 37.5 71. 1655 2 -12; 1152 29 0.0 2.1 27.3 .1 .45 .11 1154 II 2.0 II. 1054 2C 1.► I.4 1.0 C(: 14.2 :4.4 2:5 72. 0955 23 -20. 0047 3: 1.0 5.133.6 5.1 .54 .11 1150 12 3.1 4. 1051 12 1.1 .1 1.1 I 1 1 Cal. 45.4 53.4 49.4 44. 23. 170. 02. 11.7 A. G. 2. I - • 1•LCIII1lT10w oTT'1 PHOntalL111 (DUAL OR LESS Ts&M 1 P.O.. i LEVEL a.'. 014 M.o 404 •Lv JUN JUL LU1 5(0 OCT •OV DEC O/}rwr�4L 1$ 4 .0 4 OAI :14 .2 .41.17 4.23 ..44 10 •77 0.90 ,09.04 4.00 1 a}+l 4'13 4 7 b .•3 .+5 21 .17 .+I .02 .4e .10 '0e+7 I/ 0'f/ • 13 i .+6.10 .70 .SO 971.•)7 .70 ..0 ,./. .43 .30 1 I:$7 2 7333)d •• Je .04 .I4 1,+1 .42 1 .44 :Ill t'13 ./+ ,u •! 0 50 55 .5 .10 .47 1.1D .1i :'o .44 .0• 3 =0 =? 1e .e1 .7v (.40 . 11 .1 t.0 ..0 .53'i •y3 .:0 ' r •. 7 .21 .1. .44 }.S• O 0 I ►S 1 14 1 11 :1 :02 5.00 4.00 3.53 2,04 5.21 2.61 I.a, 0.55 �`0w4 1 75 2 IAS3 1.04 1.74 444.11 1.46 1.1• 1.40 1.45 65 ,Or 2.110 t1• 1 71 70.34 [T4 05 OS 1.00 1.09 4.00 .05 91 0.00 0.00 73 .10 4.00 :0$ 70 1.13 0 M IIrf 44•.6 OI'ro1.J710'. 117:6; 10 0411 OLO'.. {p.4✓( 01os.(71' 011.. 'I,f n•6.[II• . w(D,5+ ►r Llovli 1.1'1' 7600 4-CC •II..I ;.rr0i.l SO. Or rp•r. VSIS 1.1 �..JIC.76U I: IPA .50 00ne.0lLl7r 1CVCL c 1 r{Y11\1111 ..___` . . , t n r, � . r FORT LUITCM 11 1627 6 TOTAL PRECIPITATION IIlCHESI 9E/1 JAN FEB MAR APR MIT JUN JUL 1114 SEP OCT NOV CSC ANMULL 1991 .56 .50 .52 1.10 .17 1.11 2.20 1.00 .63 1.29 .27 .IS 16.19 1152 .10 .720 .17 1.66 2.61 T .10 1.17 .12 .32 1.11 .tl 6.22' 2191 .63 .61 .11 1.14 1.93 .15 1.69 1.25 .13 .12 .70 .37 1.96 111% .39 -.45 .41 .40 .16 .35 2.16 1.10 .97 .55 .31 .21 7.76 1 1195 .16 .35 .45 .11 1.73 1.27 1.63 2.16 1.17 .11 .31 .20 11.40 1131 .31 .11 .A0 .12 .72 Al 1.29 1.46 T .31 .16 I ' 1192 1.05 .75 2.27 .77 1.11 .10 T 1155 .60 .26 1.36 1.52 6.95 1.30 2.15 .32 1.06 .36 .25 .75 16.70 1151 .71 1.16 2.33 1.72 2.10 .11 .17 .09 1.13 2.21 .11 .ot 11.71 1110 .12 1.10 .55 1.62 1.20 .62 .63 .15 .36 1.11 .52 2.00 17.39 1111 .15 .29 1.17 .52 6.46 1.63 .76 1.55 2.15 .75 .55 .21 17.12 I Mt 1.16 .57 .32 .62 2.11 1.71 1.17 .11 .14 .0r .37 .10 7.01 1913 .96 .25 1.06 .17 .25 2.55 .11 2.51 1.12 .55 .20 .26 1.79 1114 .17 .27 .36 .72 1.04 1.25 .64 .11 .11 .61 .41 .22 7.26 1115 .16 .61 .32 .67 2.65 4.14 1.11 .29 2.64 .36 .10 .22 15.4r 1111 .05 .46 .00 1.31 .73 1.43 .56 .37 2.13 .66 .22 .41 6.44 I 1967 .41 .71 .36 1.41 6.22 1.13 2.15 .16 .31 .60 .55 .55 11.02 11te .21 .53 .41 1.11 1.65 1.14 .20 1.74 .35 .43 .77 .31 9.23 1969 .25 .11 .33 1.54 1.34 2.11 .61 1.21 1.15 3.13 .52 .15 15.70 . 1171 .63 1 1.45 .SS .65 1.19 4.51 1.01 2.35 .16 .69 .2• 13.1`(\ _.. NO f TOTAL SMPALL IINCNESI -\ 21 4314 JUL AUG SEP OCT KT DEC JAN ►TO PAR APR PAT JIM St6SCN 51-51 12.1 9.9 , 5.6 6.5 .0 .1 St-S2 .6 .0 .0 .0 1.0 .0 .0 9 .0 52-53 .1 .6 .0 .6 4.5 7.5 6.5 1.5 1.1 .0 .6 • 63-56 .1 .1 .6 .1 .6 56-65 .6 .1 .0 .1 1.1 .0 .0 .1 55-56 .6 .1 .1 .0 .0 .0 .1 61-97 .6 .1 .2 .1 14.2 .1 67-S1 .0 .1 .l 1.1 T T 1.5 5.1 .1 .1 . 61-5S .6 .2 .0 1 6.0 1.0 .5 .0 11-II .2 .0 .2 6.1 1 2.9 1.1 16.1 .1 .1It 10-11 .2 .1 .6 .1 6.5 T .2 11-22 .I .6 .0 6.1 0.1 2.5 .0 .6 21-11 .0 .0 .6 .1 1.0 1.0 4.1 T .6 .1 41-6♦ .1 .0 .0 .1 .0 .6 14-15 .1 .6 .0 .0 9.5 .9 .0 .1 I. 41-1t .6 .6 1 .0 .0 6.A 1 .I 91-27 .6 .0 Al T 2.5 .1 T .2 17-It .0 .6 .9 .0 .1 2.1 .0 .6 11-ES .9 .9 .0 .0 1.0 2.0 2.0 .0 .0 .0 1 19-70 .1 .1 .1 .5 .l T .1 .0 . 1 1 tem i. 1 rill orr) I ' ) r 4 IOR1 LOI1[N I! 3{27 4 161INJN TCF'ERIIURE III ! •' it J11 7C0 MAR APR NIT JIM JUL AUG SEI OCT 101 Ott LNNUIL' 19111 40.2 41.1 11.1 60.4 77.511 97.1 46.14 01.311 45.5 11.44 42.04 1952 41.19 • 41.411 64.411 74.311 12.29 93.1 91.2M 66.111 73.111 46.04 ♦3.0M • i 1,53 54.09 50.210 /1.111 59.2 75.411 69.49 92.1 44.6111 16.1E 12.211 11.OM 44.711 11.1• 1154 41.2 62.1 16.6m 14.5 74.99 50.111 36.4 92.011 64.4n 69.5 59.4 49.0 71.0• 1915 31.210 40.04 54.6 70.411 75.19 61.69 15.2. 69.6 11.411 71.6M 45.6n 46.14 46.1• 1954 41.19 40.4 97.1 4S.1M 15.111 94.3 11.1m 66.7 14.1 72.1 49.1 �. 1117 67.1 19.7 06.5 76.9 64.0 49.5 33.7 1956 45.2 50.6 44.6 10.1 77.9 64.7 65., 41.2 60.9 70.0E 56.4 43.5 44.60 1 1155 40.1 39.4 51.1 61.2• 11.7 66.1 59.4 64.64 76.5 42.1 53.9 49.1 {4.3• 1110 17.4 37.1 52.1 {7.7 71.5 44.9 09.1 04.1 41.0 47.4 54.3 36.3 44.4 1911 44.1 f0.{ 12.1 52./ 17.1 /Lt 41.1 64.7 71.1 57.3 47.1 39.1 •3.a 1914 21.1 45.2 41.5 6/.t 77.0 42.6 60.9 91.1 41.1 72.2 57.7 41.6 6L./ 1917 74.2 13.0 Si.) 61,1 11.1 46.5 67.5 17.6 53.2 15.1 37.7 44.0 47.4 19(4 47.1 43.1 49.6 (3.C 11.24 63.211 15.1 61.1 50.5 72.0 53.1 45.1 {6.S• lilt 41.1 41.4 43.2 66.4 73.4 76.9 11.1 45.9 61.6 12.7 19.4 47.1 44.6 I 04(0 41.4 41.1 11.1 40.5 74.9 02.2 12.1 65.6 11.6 46.4 39.3 11.5 44.6 1911 1].9 41.5 59.1 65.1 45.7 73.! ■4.! 64.4 17.4 {1.J 32.1 15.1 i].1 1111 40.1 45.1 57.0 {/.F 41.044.1 61.1 I4./ 77.! 41.2 41.1 41.1 43.5 11(1 44.5 44.4 45.1 14.9 73.1 14.7 49.1 70.1 16.6 51.5 12.2 43.2 63.1 1970 44.411 43.1 45.2 11.1 16.19 50.3 81.4 66.7 14.1 11.4 52.7 43.4 43.1• NINiNUn T(NICRITUOC IF1 (/^\, 7414 JIL NCS 11/1 31R NIT JUN JUL AUG gI OCT N0V GEC IMNULL 1151 1.7 15.7 11.4 21.7 44.39 53.5 13.14 43.1 12.1 10.1n 12.44 1151 IS.14 11.611 32.14 41.68 53.111 44.1m {4.24 45.74 14.211 11.54 17.6m 1113 13.44 16.611 17.511 16.4 34.111 52.59 57.4 14.64 45.411 16.011 27.111 16.04 34.1• 1954 157 11.1 21.711 16.3 41.19 51.19 II.? 15.14 47.511 33.4 23.7 17.2 31.1• 1314 1.19 12.64 23.1 32.14 43.411 41.510 56.14 16.4 44.411 $3.111 17.911 17.14 33.1' 1 . 1451 17.19 1.1 22.1 35.111 43.6m 11.1 16.14 11.6 41.1 $1.1 11.1 II•7 11.6 35.44 17.1 44.1 31.5 24.7 22.1 1154 14.9 21.4 71.111 12.5 47.7 43.6 51.4 16.1 41.1 31.Sn 73.1 21.2 34.6• 1151 11.2 14.1 71.1 42.4 14.1 33.4 15.611 45.1 32.0 21.5 14.1 • I • 1111 11.1 14.1 24.4 55./ 42.1 13.4 16.1 16.2 46.6 36.1 22.1 12.4 34.1 I 1 1111 14.1 21.6 16.7 32.6 44.7 11.6 66.1 17.9 41.7 37.1 22.7 17.7 34.1 11(2 41 14.1 20.7 14.7 40.3 41.4 12.5 15.2 42.1 33.7 24.? 14.1 31.1 11(3 .3 12.1 21.4 32.6 47.4 $1.4 15.7 14.9 44.6 17.4 21.4 3.1 33.0 4 I 1914 1711 12.1 11.1 34.6 41.4 43..1 33.4 55.1 43.6 31.4 22.3 13.6 31.6 1115 16.6 14.6 13.0 34.1 .46.1 {4.( 55.5 31.1 40.3 34.3 24.1 32.1 111! 6.4 1.3 21.1 21.4 40.2 47.4 57.1 50.1 44.5 11.4 21.1 14.1 10.6 III? 11.1 14.6 14.1 11.1 31.4 45.3 15.4 41.6 42.1 13.1 11.5 7.3 31.1 19/I 11.6 16.5 23.2 21.2 31.2 50.4 SS.S 12.5 34.6 31.5 11.5 11.2 31.4 1911 16.4 11.1 15.1 )4.♦ 42.1 41.6 51.1 5%.6 44.4 2(.S 13.7 13.6 33.1 1111 11.19 17.5 11.1 21.4 40.411 41.0 65.155./ 41.5 29.4 77.1 17.2 21.7• . i t 1 /^l f I ICti IUFTCII 65 1921 • li AVERAGE TEMPERATURE lil VEal J11 FES IIOI API 111 JUN JUl AUG SE• OCT MOy DEC ANNUM 1151 14.1 31.4 15.4 45.1 10.41 72.2 69.1M .91.711 62.6 35.91 27.2n 115.2 35.7" 14.1n 46.31 54.11 72.61 73.6m 77.71 66.31 $4.01 11.11 30.51 . 1153 34.7n 31.51 44.1" 44.6 S5.2n 71.5" 75.1 71.71 66.71 14.11 42.11 31.IN 52.6. 1154 34.5 44.1 35.71 15.4 17.19 70.6" 79.1 73.311 65.14 51.6 41.1 33.1 53.6* 1155 23.61 26.31 34.1 S1.(1 15.7n 64.61 76.11 73.1 61.01 52.41 33.41 32.21 41.6* 1156 St.2$ 21.2 31.1 67.61 61.11 73.1 73.61 61.2 61.1 52.0 35.4 1197 67.3 74.11 72.0 10.1 51.1 37.1 30.0 _ 1151 14.1 37.0 31.71 46.3 62.4 14.1 71.1 77.3 64.6 13.31 40.1 32.4 91.1• T 111.1 17.7 27.3 317.5 57.1 71.5 72.4 72.3n 60.6 47.6 37.7 31.4 I 1110 25.6 25.5 14.2 S1.7 50.1 65.2 73.1 72.7 63.4 51.6 31.6 25.4 49.5 1111 21.2 15.1 311.7 47.! 54.1 66.1 71.4 71.• 57.1 50.6 35.3 26.2 49.2 I 1112 11.1 31.7 115.1 50.9 59.2 65.5 71.7 19.7 62.0 53.1 41.1 32.0 48.9 1113 17.3 37.5 316.1 SO.1 60.6 66.5 74.6 69.4 65.6 51.3 19.1 26.8 50.3 1914 31.4 77.6 314.3 46.! 55.01 61.11 75.3 46.1 61.1 31.5 36.1 10.1 49.2* 11(5 32.1 26.1 21.4 11.7 57.2 14.5 71.4 64.9 55.1 63.5 42.1 30.5 48.4 • 1111 23.6 25.6 41.1 44.5 14.6 64.♦ 74.1 67.3 11.7 47.4 35.1 25.2 47.6 I . 11(7 24.1 13.1 42.0 41.3 12.1 61.1 71.1 17.1 60.1 51.7 35.4 21.1 47.1 11(1 26.4 32.2 146.2 42.1 14.1 67.6 71.6 66.1 16.1 ' 49.1 33.5 26.1 47.6 lit' 16.7 32.7 11.6 50.7 57.9 61.7 73.4 72.1 63.1 31.7 16.4 29.4 44.3 1174 17.6, 35.7 12.1 42.8 16.34 64.7 11.6 72.8 34.4 14.6 36.2 26.2 47.1* CL I vrary Table - Itnthly 1crary Is for the period 1951-1970. Miner consult the I particular parameter table for precise weber of months Is 6u aq - because o1 mltheng data. • Paean,vni er of precipitation days with .10 lathes Sr eon Is /.amaariztd for the period 1153-1970. .6031 and letters Indicate the following. E Mount Is partially estimated. , 0 eater equivalent of snowfall dolly or partly estimated. K Less Win 10 days of record missing if average entente. Chervil e 10 or Mon days misting. • One or more 0 the above cadet encountered In sometime 1 lanai tat San or total. 1 I Trace. ma amount too mall to measure. • 150 tip1♦ occurrence. 1 (OM I I ll ris en tress EXHIBIT L Reclamation Cost Estimate In order to calculate maximum potential reclamation liability to the State, we have selected a point in time where the mining disturbance could be at its maximum. This point occurs during the mining of the cell 4. Here the dewatering ditch will be at its maximum length along with roads to the processing area. There will be shoreline under reclamation at cell 3. Please refer to page D-2 for a listing of disturbed areas that total 23.5 acres. This estimate will follow the same order as the listing on page D-2. A. Stripped overburden and topsoil Qty Units Unit Cost Cost 1. Replace the silty, clayey sand, 6" 500 haul, over 3 ac 2,420 CY $ 1.25 $3,025 2. Replace topsoil, 6" 500 ft haul, over 3 ac 2,420 CY 1.25 3,025 3. Seed and mulch 3 Ac 800.00 2,400 B. Active mining area 1. Will fill in with water C. Topsoil and overburden stockpiles eTh 1. See Item H below for these costs D. Dewatering trench 1. Dozer soil into trench, 500' length at 29'deep, 50'push 8,330 CY 0.50 4,166 2. Replace topsoil, 6" 500 ft haul, over 1 ac 416 CY 1.25 520 3. Seed and mulch 1 AC 800.00 800 E. Roads 1. Gravel roads to remain 2. Remove conveyor pier at River 12 CY 150.00 800 3. Low water crossing in River to remain F. Aggregate processing plant Note: Equipment is portable and would be removed by the operator 1. Move the surge pile into settling pond 1,000 CY 1.25 1,250 2. Move berm into settling pond 1950 CY 1.25 2,438 3. Wash plant, remove concrete pad, 20' X 20'X 1' 15 CY 65.00 975 4. Concrete plant, remove concrete pad, 50'X 20' X 1' 37 CY 65.00 2,405 5. Shop, demo and remove, 2000 sf X 20' 40,000 CF 0.05 2,000 6. Office, remove concrete footings 8 CY 65.00 520 7. Scale, remove concrete base 10 CY 65.00 650 8. Scarify ground 8 AC 150.00 1,200 9. Spread topsoil, 6" 6,453 CY 1.25 8,066 10. Seed and mulch 8 AC 800.00 6,400 L-1 7711- I ems r U Settling pond Qty Units Unit Cost Cost 1. Place overburden, 6" on 2 ac 1,613 CY $ 1.25 $2,016 2. Place topsoil, 6" over 2 ac 1,613 CY 1.25 2,016 3. Seed and mulch 2 AC 800.00 1,600 H. Lakeshore final graded with topsoil 1. Backfill slope to 3:1 and 2:1, 1000' 43,851 CY 1.25 58,814 2. Place topsoil above water level, 6" 1000' 222 CY 1.25 278 3. Seed and mulch 1 AC 800.00 800 L Lakeshore Reseeding 1. Seed and mulch 1 AC 800.00 800 Disturbance Costs $107,964 Contractor Mob/Demob (8%) $ 8,637 Overhead (18.5%) $ 19,973 Administrative (5%) $ 5,398 Total Proposed Financial Warranty $141,972 Disturbed Acreage -23.5 Financial Warranty per Acre -$6,041 rTh L-2 P1 r EXHIBIT M Other Permits and Licenses The following is a list of other permits and licenses required for this mining operation. • Weld County Use by Special Review • Colorado Dept. Of Public Health and Environment Air Pollutant Emission Notice (APEN) • Colorado Dept. of Public Health and Environment Process Water Discharge Permit and Stormwater Management Plan • U.S. Army Corps of Engineers— Section 404 Permit. This permit will be applied for at later mining stages when the Big Thompson River crossing is needed. r eThi MA r EXHIBIT Q Proof of Mailing Notices to County Commissioners and Soil Conservation District r Q-1 en n ��'S 7 255 653 292 f Postal Service I also to receive the Receipt for Certified Mail u SENDER: also wish services (for an O .Complete items 1 and/or 2 for additional services. No Insurance Coverage Provided. 'w .Complete items 3,aa,and an. Do not use for International Mail(See reverse) w .Print your name and address on the reverse of this form so that we can return this extra fee ): card to you. 1.❑ Addressee's Addres Sent m .Attach this form to the front of the mailpiece,or on the back if space does not Mike Shay . o permit 2.❑ Restricted Delivery West Greeley Conservation District I .Write"Return Receipt Requested"on the mailpiece below the article number. Consult postmaster for fee. $tra' 9th « .The Return Receipt will show to whom the article was delivered and the date 4302 WestsO Street 63 Road delivered. Post Greeley,CO 80634 = RECEIVED 4a.Article Number O 3.Article Addressed to: a CD Postage $ JC CI) MAY 2 5 1989 4b.Service Type {1 a Mike Shay ElRegistered ❑ Certif Certified Fee - i 3u West Greeley Conservation District C Express Mail ❑ Incur, Special Delivery Fee w 4302 West 9'h Street Road ❑ Return Receipt for Merchandise ❑ COD cr Greeley,CO 80634 7. Date rt Dlellive �_ / //// Restricted Delivery Fee o S5� 7 Q/ yY/✓ Q d/ rn Return Receipt Showing to 8.A dressers Address(Only if request( r Whom&Date Delivered ¢ 5. Received By: (Print Name) and fee is paid) a Return Receipt Showing to Wham, . ; F Date,&Pddressee's Address cc 6.Signature: (Addressee or Agent) Q W TOTAL Postage&Fees $` q �, a X r..4, 51Ltl01� 46'zbl cn PasMdM or Date • T /" 102595-98-B-0229 Domestic Return Reo E m PS Form 3811, ecember 1994 o` tl • co a ¢Izlhh ei -Lt.,I 'el a • r . Z 255 653 293 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail(See reverse) Ser•' Clerk to the Board Stn Weld County Commissioners 915 Tenth Street Pm Greeley,CO 80631 SENDER: I also wish to receive the _ .Complete items 1 and/or 2 for additional services.4b. following services(for an Postage $ a 1 a Completeur name and 4a,and •cardnt your name address on the reverse of this form so that we can return this extra fee): W card to you.is 1.❑ Addressee's Address o Certified Fee I, .card this form to the front of the mailpiece,or on the back if space does not 6 permit. 2.❑ Restricted Delivery O Special Delivery Fee le Write"Return Receipt Requested'on the mailpiece below the article number. •The Return Receipt will show to whom the article was delivered and the datetlJ Consult postmaster for fee. E delivered. a Restricted Delivery Fee 3.Article Addressed to: 4a..Article Number u 2, Return Receipt Showing to -- C^ 1- 55 �� Whom&Date Delivered T R G 4 E f Service Type ,,,.f a a Rehm Pddresee'sAgtoss D C' Clerk to the Board (•RECEIVE't 4..Certified ¢ Date,&Addressee's Address Ja Weld County Commissioners MAr Express M•' Y C ❑ Insured o TOTAL Postage&Fees $ L 915 Tenth Street 2 b 19,rj„ Return R= E r .�ip O COD @ Postmark or Datett7t Greeley,CO 80631 7. Date o - 1 1- ,2 O - tem5.Redelved 6y rint Name) 8.Addres ee' '• t;w • y if equested 5�L1�RGr 46'Lio i ,-, ) 5 \ and fee -pa gignaj LISPS 6.Sign�fu�r{,(Addressee or Agent) 'o X a (.6u-79 s/ti lli°i cIEI-Zb I 'JP PS Form 3811, December 1994 102595-98-e-0229 Domestic Return Receipt r EXHIBIT R Proof of Filing with County Clerk and Recorder r R-1 n r EXHIBIT S Permanent Man-Made Structures 1. Union Pacific Railroad tracks Slope stability evaluation provided. 2. Colorado State Highway 257 Slope stability evaluation provided. 3. Barbed wire fences surrounding permit boundary Owned and maintained by operator. 4. Dennis and Delores Dunn building Compensation agreement provided. 5. Weld Count Road 48 V2 Special Review Permit approved by Weld Count Commissioners provided under separate cover. 6. Electric Power lines on WCK 48 '/2 and S.H. 257 Slope stability evaluation provided. 7. Telephone Lines Slope stability evaluation provided. 8. Oil/gas well and buildings Slope stability evaluation provided. 9. David and Kathryn Terrell building Slope stability evaluation provided. 10. Michael and Dorothy Anthony Slope stability evaluation provided. 11. Chris Thorne, Alex Fischer, and Anne Shaffer building Slope stability evaluation provided. 12. Jose Refugio Martin bel Campo building Slope stability evaluation provided. r S_1 fl — (Th _- T1uttleApplegate,Inc. Consultants for Land,Mineral and Water Development September 13, 1999 Mr. Gregg Squire Division of Minerals and Geology 1313 Sherman Street;, Room 215 Denver, CO 80203 RE: Adequacy Review—Loveland Ready Mix Concrete, Inc. —Milliken Site, File No. M-99-065 Dear Mr. Squire: This letter and accompanying documents are being sent to you as required for the adequacy review of the DMG Permit No. M99-065. 1. The approximate elevation of the site is 4740 feet. See attached DMG 112 Regular Use Application, Page 2, Item 9. 2. Provided are two copies of Exhibits C and F with the appropriate signatures. 3. Loveland Ready Mix Concrete has committed to not disposing of any concrete until it has been in a hardened state for at least sixty days. Periodically, the hardened cement from the settling pond will be excavated. The excavated cement will be moved to the plant site and hardened for at least sixty days before being placed in the reclamation fill areas. The concrete truck wash water will be disposed of by placing it in the wash water or batch plant water supply pond for reuse as mix water. 4. Mining will begin at the south end of Cell 1 near the wash plant. The mined portion of Cell 1 will be filled with water and become a settling pond. The settling pond initially will be three acres in size. The settling pond will increase in size to all of Cell 1 after Cell 1 is mined out and sideslopes reclaimed. A temporary dike will be constructed on the sides of the initial three acre pond. A discharge pump will be placed at the farthest point from the wash plant to allow the maximum amount of sediment to settle out. The discharge pump will pump the clean water to the wash plant for reuse. During flood stages of the river, the washing operation will cease. No new sediment will be put into Cell 1. The washwater will not be discharged into the Big Thompson River. 5. Approximately 1:i clusters will be planted around the fenced area of the plant. At a minimum the cluster will include two trees and four shrubs. The survival standard for these plants is 90%. fTh II // 11990 Grant Street, Suite 304• Denver, Colorado 80233 • (303) 452-6611 • Fax (303) 452-2759 fl 6. Where wetlands occur along the cell shoreline mining will be at a 3H: 1V slope and will not be fr backfilled. Where nonwetland areas occur along the cell, the shoreline will be mined vertical to %z :1 range and will be backfilled to the 3H:1V configuration. There will not be portions of the pit slope reclaimed at a 2H:1 V. in Exhibit L—Reclamation Cost Estimate—Item H includes the cost estimate of backfilling the nonwetland areas at a 3H : 1V slope. 7. The purpose of constructing a low water crossing is to prevent trucks from traveling across the river. If the trucks are to cross the river, sediment from the tires will be washed into the river. Also the river will not be protected from any leaking the vehicles may have. The low water.crossing consists of four, 24 inch diameter corrugated metal pipes placed with the normal flow of the river. These culverts will be reinforced with concrete and roadbase. In flood stages the low water crossing is designed to allow water to go around the culverts to prevent a washout of the crossing. See Exhibit C for the low water crossing detail. In order to eliminate potential oil, grease and hydraulic fluid contamination from vehicles the equipment will be inspected for leaks on a daily basis before use. 8. The spillways will be constructed with in two years of the beginning of mining of each cell. These spillways were designed according to the Urban Drainage and Flood Control District, Technical Review Guidelines for Gravel Mining Activities within or adjacent to 100-year Floodplain. These guidelines were based on gravel mining near the South Platte River. TuttleApplegate, Inc. has successfully designed spillways near Cherry Creek at the McLain Pit in Douglas County using these guidelines. Since the Big Thompson River does not carry as much flow as the South Platte River we feel that this should be a conservative approach for design of the spillway. r3/4\ To be conservative,the following spillway design formula was used. Ls =AP/12,000 LS= Width of channel spillway Ap =Area of pit measured in square feet at the high water line. The total amount of disturbed acres were calculated and divided by seven the number of cells. The average area of the mining cells is 520,000 square feet. LS= 520,000/12,000 LS = 50 ft. As illustrated above, the spillways will be 50 feet in width. See Exhibit C, for the typical spillway cross section, which illustrates the size and stabilization of the spillway. See road crossing over spillway detail in Exhibit C. The spillways will be stabilized by concrete rubble to prevent erosion of the channels. 9. The adjacent property owners to the Milliken Site have expressed concerns about the effects of groundwater from the dewatering of the mine. We acknowledge that the dewatering of the Milliken Site will have an adverse effect on the groundwater. Loveland Ready Mix will pump water to the adjacent property owners instead of back into the Big Thompson River. Loveland Ready Mix has agreed to provide Little Thompson Water District water for irrigation of lawns of those homes that irrigate with shallow wells if their wells go dry. Loveland Ready Mix has also agreed to pump water t""'t to the ponds south of the site so that they may continue to function as stock and fish ponds. Prior to ( paving County Road 257, sleeves will be constructed under the road. These sleeves will provide the water to be piped to properties south of the site to the ponds for approximately 5 years as Cell land Cell 2 are mined. The estimated cone of depression is two feet drop at 600 feet. See Cone of Depression Diagram. 10. The following is a list of setbacks that DMG had concerns about. A. Setback recommendations 1. The road right-of-way will be marked with stakes every 200' to facilitate maintenance of the required 40' setback. 2. Loveland Ready Mix has agreed to dedicate a park on the southeast side of the property near the telephone poles. This area will not be mined. There will not be any structures within this telephone easement. 3. Loveland Ready Mix will commit to mining no deeper than 35 feet without consulting DMG. B. A minimum 100' setback will be maintained from the Big Thompson River. See Exhibit C. C. The well and gas line right-of-way is not specifically defined. The plant site has been moved to the east side of the gas line and therefore there will not be any structure built over the gas line. See the attached Title Commitment. fTh 11. No regulated activities will occur in jurisdictional wetlands. According the to U.S. Corps of Engineers regulations wetlands can be excavated. We are not back filling these wetlands. The U.S. Army Corps of Engineers - Section 404 permit will be applied for before the construction of the low water crossing and the haul road over the wetlands. The low water crossing will be constructed in approximately ten years. No spillways will be constructed in a wetland. 12. Loveland Ready Mix will maintain a minimum 100' setback from the river. There is also a 200' buffer zone between the cells and the river where possible. A Preble Meadow Jumping Mouse (PMJM) and Spiranthes diluvialis habitat assessment were completed in May 1999. Neither the PMJM nor the Spiranthes diluvialis were found on-site. See attached letters by ERO Resource. Loveland Ready Mix has removed the prairie dogs on-site in a humane fashion. Loveland Ready Mix will inspect for burrowing owls if Cell 3 is mined during March 1 through.October 31. 13. TuttleApplegate, Inc. has submitted a Substitute Water Supply Plan to the Office of State Engineer. F ' n n 14. See Exhibit L. rThank you for your time in reviewing this submittal. Cordially, TuttleApplegate, Inc. Gary J. TM Enclosures cc: Steve Fancher, Loveland Ready Mix Mike Sherman, Colorado Division of Wildlife Michael & Dorothy Anthony, Objector Jose Refugio Marlin del Compo, Objector Elizabeth Stockier, Objector Alex Fischer and Anne Schafer, Objector File # 98-261 r f"1 - 2 - 6. Name of owner of subsurface rinhts of affected land: Loveland Ready Mix Concrete, Inc. (r If 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: Loveland Ready Mix Concrete, Inc. 7.1 Names of the holders of any recorded easements on the affected land: ;viol intc kn CtatP5 Tpl PnrnnP and Telegraph Co. 8. Tyne 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 3 TOWNSHIP(write number and check direction): T 4 X North _South RANGE(write number and check direction): R 67 _East West QUARTER SECTION(check one): X NE _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): n P mile north of Milliken on S H 257 approximate elevation is 4740 feet. r 10. Primary future(Post-mining)land use(check one): - Cropland(CR) _ Pastureland(PL) _ General Agriculture(GA) X Rangeland(RL) Forestry(FR) _ Widlifefabitat(WL) _ Residential(RS) _ Recreation(RC) _ Industrial/Commercial(IC) _ Developed Water Resources(WR) _ Solid Waste Disposal(WD) 11. Primarr present land use(check one): - Cropland(CR) _ Pastureland(PL) General Agriculture(GA) X Rangeland(RL) _ Forestry(FR) _ Wildlife Habitat(WL) _ Residential(RS) _ Recreation(RC) _ Industrial/Commercial(IC) _ Developed Water Resources(WR) 12. Method of Minion: Briefly explain mining method(e.g.truck/shovel): ()pen pit dry mining by front loaders 13. On Site Processing: Crushing/Screening 13.1 Briefly explain mining method(e.g.truck/shovel): Primary and secondary crushing, screening, washing List any designated chemicals or acid-producing materials to be used or stored within permit area: diesel fuel, grease, hydraulic fluids, concrete additives (air-entraining, retardants, etc.) n n r Preble's Meadow Jumping Mouse Habitat Assessment for Loveland Ready Mix Dunn Property Weld County, Colorado Prepared for— Tuttle Applegate Inc. 11990 Grant Street,Suite 304 Denver, Colorado 80233 Prepared by— ERO Resources Corp. 1842 Clarkson Street Denver, CO 80218 May 28, 1999 1 ERO R : , I - _ C 3 r p o r 3 t i n nIn n1 PRA iu.Fi � All- Ai,rnV ji-VIJ I'C(I Alot ^ L AI I, \\I) Ri_�.n' AIIy - Di yy PJ u!'i.i. ry 1 ' Preble's Meadow Jumping Mouse Habitat Assessment for Loveland Ready Mix — Dunn Property Weld County, Colorado Objectives The purpose of the habitat assessment was to determine the presence or absence of Preble's meadow jumping mouse habitat within a proposed Loveland Ready Mix gravel mine operation at the Dunn Property in Weld County, Colorado. Project Description The proposed project consists of a gravel mine operation within the flood plain of Big Thompson River. The project is located in Section 3, T4N, R67W and Section 34,T5N, /�+s r R67W in Zone 13 4465700mN, 511000mE, Weld County as shown in Figure 1. Elevation is approximately 4,740 feet above sea level. Ecological and Other Features of the Assessment Area This site is heavily grazed ranchland within the relatively flat Big Thompson flood plain, which flows from west to east across the center of the site. A railroad track forms the northeastern boundary with Colorado Highway 251 forming the eastern border and Weld County Road 42'1 forming the southern boundary. Farmland occurs to the west of the property. Numerous side channels, ox bows, and ponds are scattered throughout the wide flood plain. The banks of the Big Thompson River contain scattered cottonwood (Populus deltoides) and peachleaf willow (Salix amygdaloides) groves. The understory consists of closely cropped grasses with no shrub layer(Photo 1). Closely cropped grasslands of bluegrass (Pea spp.), saltgrass (Distichlis spicata) and other pastureland species occur on r ERO Rasources Corporer ' on I � PRL:ISLt: A16:Ali()AA u Alui SP. El I vT.—A E:.vu.y I Pint [..uviLAM) ICI_AI'iv AIIA— Di \\: Pkul'F:I:Iv r the plains of the rest of the site. Wetlands are found in the shallow depressions and old oxbows that dot the plains (Photo 2). Conclusions and Discussion ERO Resources conducted a habitat evaluation on March 4 and 9, 1999 for the presence or absence of Preble's meadow jumping mouse habitat along the Big Thompson River. The project site has low potential to be Preble's habitat for the following reasons: . The site lacks the shrub or dense herbaceous layer component typically associated with Preble's. . The site is isolated from the nearest known populations of Preble's or from areas designated as Potential Mouse Protection Areas. ERO recommends that the site not be surveyed for the mouse. Qualifications of Surveyors eTh Qualifications of W. Stephen Butler and Denise Larson have been previously submitted to the U.S. Fish and Wildlife Service and are available upon request. r ERO R _ s . C o rp o ra t r o n 1 { II I.' (., N 17 i -- — - 71, --/ 4857.I -I 46s;. .4, rFainiew".chuol J I P' • % ci4B5�i; •,,i) y Ki )t,,,, �\ a tizAso , ''V ; 1t f(� \ `. 4ss� 5 900 \ ' — I - \ / "° _.. . aco ✓ '`J;�JZ-.,-`II ‘t .1/44-iltp,til��' // I �•\ 1 !` Les 'o �ni.`\N. \ ) :t 0 , \ 4741 \\ r r ms O A \,, lI ,' \ 111 J 0ti 4N0 v I I. i• Project Site ••• ac _ 4'.96 __.a• �,` 474. � 1l 1c��,I'"\ A .. - 8761 - _ _ .. -ett. ....'1. .• ?'\/ p en O'> ® •• 1 V 0 Ch1 g' • M160 .—‘,_49so ,/.; • i I num. \ _—�� Wfi ER. N 0 ..s_ M ' • i , ' STERN {IGGGII"'LL W °REA .ad 'llsboro� � 0 4»o I l 3 / °' R1 er :. 4764 J:.. ..N: 4.• J •4770 .2 0 47.89 n I" 46G0 ./OMPSON 1 �A4. yo . / `�ti LE .T(--„_,--N <,.-- . �e 10 \ h l'. Prepared by: Figure 1. Vicinity Map �--,•,r-�O Loveland Ready Mix - Dunn Property FRO ERO Resources Corp. Section 3, T4N, R67W and Section 34, T5N, R67W 1842 Clarkson Street Denver, CO 80218 teTh Weld County, Colorado . Phone:303-830.1168 I Fax: 303-830-1199 1" = 2000' N n Spiranthes Diluvialis Habitat Survey Fact Sheet May 5, 1999 Site Location This proposed gravel mine project is located in Section 3, T4N, R67W and Section 34, T5N, R67W in Zone 13 4465700mN, 511000mE, Weld County as shown in Figure 1. Elevation is approximately 4,740 feet above sea level. General Description This site consists of heavily grazed ranchland within the relatively flat Big Thompson flood plain, which flows from west to east across the center of the site. A railroad track forms the northeastern boundary with Colorado Highway 251 forming the eastern border and Weld County Road 42' forming the southern boundary. Farmland occurs to the west of the property. Numerous side channels, ox bows, and ponds are scattered throughout the wide flood plain. Vegetation In general, closely cropped grasslands of bluegrass (Poa.spp.), saltgrass (Distichlis spicata) and other pastureland species cover the plains and banks of Big Thompson River (Photo 1). Cottonwood (Populus deltoides) and peachleaf willow (Salix amygdaloides) groves occur near the Big Thompson River and scattered throughout the site (Photo 4). The wetlands on the site occur in depressions and old oxbows throughout the flood plain and along the Big Thompson River(Photo 1). Because of extremely heavy grazing on the site, most of the wetlands had closely cropped plant species with soil heavily churned by cattle hoofs (Photo 2). In general the wetlands consist of shallow depression covered with closely grazed wetland species such as three square bulrush (Scirpus americanus), swamp bluegrass (Poa palustris), Baltic rush (Jncus„rb�alticus),,and alkali sacaton (Spo.robolus airoides)(Photo 2). Reed canarygrass (Phalaris arundenacea) surround the ponds and excavated channels (Photo 3). r ERO 11, 353orer3 Corporation 1 Soils (eTh The Soil Conservation Service classifies the soils on this site as Aquolls and Aquents, gravelly substratum. These soil types occur in bottom lands and flood plains. They are characterized as deep, poorly drained, commonly mottled soils that are mildly to moderately alkaline (SCS, Soil Survey of Weld County—Southern Part, 1980). During the site visit, the shallow depression wetlands consisted of salt deposits covering the surface, and dark gray brown soils with mottles. The soils in the non-wetland areas did not have mottles. Hydrology The Big Thompson River and associated water table supports the wetlands of this site. (Th • ERG Rasourc .; _ Corpo - ��: i /�\ 11l <e57 J .1 ,� RS,,, \". •IFa inaew 000 i 1\‘:1‘ Th . \ j . ' om -0 I Cfy ` (�� L 1-11( a. 1 11 0�(-- / (( cjI • . 490 ll� / � 6 ' '�� f ;l�l ( (1 1 %O/ ��[ I ) Q j 'kV?• I 4960 l� ---111kV v\� i,"iI v ) 1 \ J Ir ' ver \ ... 'm 4o \ wOoo Project Site Na' 41- L j • ?I • 4196 • �-_ /�. i_ -i P 4]si• 4744^ _c 2 <4 •'• ''. 9]62 �° I -1 ---t "I © o l g: e�LO4960 l nI II�� 4; .. Flume �4 - A•\. I lh0,a. .1.),9).;,%>...... Lam\ �______ OREAT WELYER ie• Ii.' ®_ rA, cRE,,.., - .M 'IleLoro \D _ f L� 4T tls L ESTERN o kit er — \ mi r �1� SS \'\ J 4770 I0 4783 .. `�' •a00 ROMP 90N I�n. ; - \ p (R. .-/ .. p .. o ••:.JtTt,E ` _ •ter°2 lO ( I 1� Prepared by: Figure 1. Vicinity Map �^ Loveland Ready Mix- Dunn Property (�+/' ERO Resources Corp. Section 3, T4N, R67W and Section 34, T5N, R67W 1842 Clarkson Street Weld Count Colorado Denver, CO 80218 /'�� Y. * Phone:303-830-1188 ' Fax: 303-830-1199 1" = 2000' N • J.,f',id `! la .I'f N11'. - 1 !( I'i, fl'i.l`:1 iii.,,•i•rr�: .\1 tr<:.i r.1 •'.•I,kJ. I llut, 55 VA i r L i, ` ,t y-' •. 1 tiw��.••- r}�_ .�. - Y- - -- ^yTy 'r' • ` '• > . • y•te • Sj�' A�� :At • r. 0. 1� F 4 C ,, l X I,.., K >r ?' t t .. ^ . .1 S• t1. 1 lI ..."4" Z•w 'VARr •'•P f '..S•�', : •,S:.•.-,'`'K.• I'.. y,•. .,N }•}Y•MS'S•...i',i...... Photo 1: Big Thompson River with heavily grazed banks • • aka lY4r , T r i ,• �,y.r - - rye• : •ti •:,7.7,1?..-- -> •::1 -• . •• •-...•i:Y y„ i . ....- ,'n>. ...RN?, -..t., ' 1":3-•.••- . _ • `rte '''....t-.--,r �` ^yam_'>• r •• ^V i '�ror m - 4'..."..." ,•`'_fit: ,w''� .•q�t Y. -.M•• t- ` q .. tab :. :' •-laCir_ ,'�'.�Et.•, �.�.!` __ ;"e,'Y': '`� f.tom.' i• ,.%•-•t:•.•' ,;1_ w117 4:-_:i� .-- iy,•,lItaliit*UC i. - am :t fi t.: • '11 r • - �•�'"'",•.'"'W;1- •7. ,)," ., .• a k ,'�! ,' 1�V y' a ., •Ak.. •- v '.....•••• =sue ,O "'. _ =-'' • t. a..• .,.\• 4 •.k:.4,.77.t- + 1 ;-. i.......4 x�1�A1 - iKty�! ,1 Ny', s' ,�b...;A' • :rdr0'3.-,, mkie'�°a••• , it e.t`Y q 'a •j 04 �! Jp +,�! ...1.! t Photo 2: T' pical wet meadow found in shallow depressions throughout the site. fni Vi r 0411;(.�i9�i* is h its( .,',. ' y Yt '''';47••• r 1 � • 4 ' 5•} r7. s d hys,,l(y Y w _ � 1��yy$$ ' 1, �f1 r F j�A�17 . A v ar "°rli yr"' .'"d. t/ {7: �' 1 1 � `l �l� i.N Photo 3: Old oxbow that is seasonally inundated { A‘ IRly � J c 1 ��t cs,4p, ,07 1too ��1. �e"N' >xtt 'Sk.To i etl r T ' It•.1 tc b .. /pax N f efe tiaob _ � ‘'r tir�p, � Iak�S�. '" � ` nd8 *rt'te} ,jcyv 'pL., ' 1,4;` � ra P a wl '+wE f"4• h - Meal' - r . 17 Photo 4: Grazed wetlands in old stream channel with peachleaf illow oaerstory r tiaM,_• f PJEPARTMENT OF THE ARMY fl �-\t�� CORPS OF ENGINEERS, OMAHA DISTRICT 4, L '� -�\ � TRI-LAKES PROJECT A�OFFIC E, 9307 STATE HWY 121 ., LITTLETON,Mey017009928-6901 /� REPLY TO / \ STq,Tq pf� ATTENTION OF: TuttleApplegate., Inc. Gary J. Tuttle 11990 Grant Street, Suite 304 Denver, Colorado 80233 RE: Loveland Ready-Mix-Dunn Property Wetland Delineation by Denise Larson and Steve Butten of ERO Corps File No. 199980341 Dear Mr. Tuttle: Reference is made to the above-mentioned project on behalf of Loveland Ready-Mix- Company. This project is located in Section 3, Township 4 North, Range 67 West, and Section 34, Township 5 North, Range 67 West, Weld County, Colorado. This project has been reviewed in accordance with Section 404 of the Clean Water Act under which the U.S. Army Corps of Engineers regulates the discharge of dredged and fill material, and any excavation activities associated with a dredged and fill project, into waters of the United States which may include streams, open water lakes, ponds and wetlands. (Th This letter is to inform you that the wetland delineation map dated May 14, 1999, is considered accurate and acceptable by this office. The wetlands are considered to be waters of the United States pursuant to Section 404 of the Clean Water Act. If a proposed activity requires work within these waters, this office should be contacted by a proponent of the project for proper Department of the Army permits. This wetlands jurisdictional delineation is valid for a period of five years from the date of this letter unless new information warrants revision of the delineation before the expiration date. If you have any questions concerning this matter, please feel free to contact me at (303) 979-4120 and reference Corps File No. 199980341. QAAAA, m�k Terry McKee Environmental Resource Specialist jb -- L 1 1 1 F-----. c.'c ,,,,_,L\t-ifl lam_ .2 CONTINUED CR46741 sea ' 9. Right of way for LATERAL DITCH purposes as granted to M. H. Leager by instrument recorded DECEMBER 2, 1899 in BOOK 130 at PAGE 298, said right of way being the right of way of the lateral ditch and the width thereof as now constructed to be used for the purporse of irrigating the M. H. Leager farm, known as the N1/2NW1/4 of Section 2, Township 4 North, Range 67 West, said right of way beginning at about the middle of the N1/2NE1/4 Section 3, Township 4 North, Range 67 West and running in an easterly direction across the NE1/4NE1/4 of said Section 3, Township 4 North, Range 67, the said right of way of lateral ditch connected with seepage lateral ditch of Simeon Hill situate on the S1/26E1/4 of Section 34, Township 5 North, Range 67 West. 10. Right-of-way easement and Agreement for COMMUNICATION purposes as granted to THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, A COLORADO CORPORATION by instrument recorded JUNE 1, 1972 in BOOK 669 as RECEPTION NO. 1590666, said right-of-way easement being a strip of land 16 1/2 feet in width described as follows: The east 16 1/2 feet and the South 16 1/2 feet of the NE1/4 of Section 3, Township 4 North, Range 67 West of the 6th P.M. . Said strip of land, lying West of and adjacent to the West Right of way line of Colorado Highway No. 257, and lying North of and adjacent to the North Right of Way line of County Road. 11. Oil and Gas Lease from DENNIS G. DUNN AND DELORES J. DUNN to TRACE ENERGY, A PARTNERSHIP, recorded MAY 7, 1979 in BOOK 868 as RECEPTION NO. 1789635, and any interests therein, assignments or conveyances thereof. Said Lease extended by AFFIDAVIT OF PRODUCTION recorded APRIL 24, 19.85 in BOOK 1066 as RECEPTION NO. 2007041 and AFFIDAVIT OF PRODUCTION recorded SEPTEMBER 10, 1985 IN BOOK 1083 as RECEPTION NO. 2024156. fTh 12. Right of way for PIPELINE purposes as granted to PANHANDLE EASTERN PIPE LINE COMPANY, A DELAWARE CORPORATIN by instrument recorded OCTOBER 15, 1985 in BOOK 1088 as RECEPTION NO. 2028528, said right of way not being specifically defined. 13 . Right of way for PIPELINE purposes as granted to PANHANDLE EASTERN PIPE LINE COMPANY, A DELAWARE CORPORATION by instrument recorded OCTOBER 15, 1985 in BOOK 1088 as RECEPTION NO. 2028529, said right of way not being specifically defined. CAS 4. Petition for the addition of lands into the West Greeley Soil Conservation District eg w recorded March 17, 1998 as Reception No. 2600363. The following exception affects Parcel #2 15. Reservation of all oil, gas and other minerals therein or thereunder as reserved in Reservation from WELD COUNTY to P. H. FERCH recorded OCTOBER 1, 1947 in BOOK 1212 at PAGE 331. The following' exceptions affect Parcel #3 CONTINUED NEXT PAGE 4 - res fl r EXHIBIT L Reclamation Cost Estimate In order to calculate maximum potential reclamation liability to the State, we have selected a point in time where the mining disturbance could be at its maximum. This point occurs during the mining of the cell 4. Here the dewatering ditch will beat its maximum length along with roads to the processing area. There will be shoreline under reclamation at cell 3. Please refer to page D-2 for a listing of disturbed areas that total 23.5 acres. This estimate will follow the same order as the listing on page D-2. A. Stripped overburden and topsoil Qty Units Unit Cost Cost 1. Replace the silty, clayey sand, 6" 500 haul, over 3 ac 2,420 CY $ 1.25 $3,025 2. Replace topsoil, 6" 500 ft haul, over 3 ac 2,420 CY 1.25 3,025 3. Seed and mulch 3 Ac 800.00 2,400 B. Active mining area 1. Will fill in with water C. Topsoil and overburden stockpiles 1. See Item H below for these costs D. Dewatering trench 1. Dozer soil into trench, 500' length at 29'deep, 50' push 8,330 CY 0.50 4,166 2. Replace topsoil, 6" 500 ft haul, over 1 ac 416 CY 1.25 520 3. Seed and mulch 1 AC 800.00 800 E. Roads 1. Gravel roads to remain 2. Remove conveyor pier at River 12 CY 150.00 1,800 3. Low water crossing in River to remain F. Aggregate processing plant Note: Equipment is portable and would be removed by the operator 1. Move the surge pile into settling pond 1,000 CY 1.25 1,250 2. Move berm into settling pond 1950 CY 1.25 2,438 3. Wash plant, remove concrete pad, 20' X 20' X 1' 15 CY 65.00 975 4. Concrete plant, remove concrete pad, 50'X 20' X 1' 37 CY 65.00 2,405 5. Shop, demo and remove, 2000 sf X 20' 40,000 CF 0.18 7,200 6. Office, remove concrete footings 8 CY 65.00 520 7. Scale, remove concrete base 10 CY 65.00 650 8. Scarify ground 8 AC 150.00 1,200 9. Spread topsoil, 6" 6,453 CY 1.25 8,066 10. Seed and mulch 8 AC 800.00 6,400 rim L-1 re) ries G. Settling pond Qty Units Unit Cost Cost 1. Place overburden, 6" on 2 ac 1,613 CY $ 1.25 $2,016 2. Place topsoil, 6" over 2 ac 1,613 CY 1.25 2,016 3. Seed and mulch 2 AC 800.00 1,600 H Lakeshore final graded with topsoil 1. Backfill slope to 3:1, 1000' 48,347 CY 1.25 58,814 2. Place topsoil above water level, 6" 1000' 222 CY 1.25 278 3. Seed and mulch 1 AC 800.00 800 L Lakeshore Reseeding 1. Seed and mulch 1 AC 800.00 800 Disturbance Costs $118,660 Contractor Mob/Demob (8%) $ 9,492 Overhead(18.5%) $ 21,954 Administrative (5%) $ 5,933 Total Proposed Financial Warranty $156,000 Disturbed Acreage -23.5 Financial Warranty per Acre -$6,639 1 A L-2 41 . c a t 001 III I 1E ..< 1 . d .,11.1 i'l NGt15E MELL 5.0PE 1:1 �IIEt7GE 0�M'E R7a8PcwIlkd 27 7) 77 ailiki,WAIM am. x l 111 600' 35O' O a z w O le z J au a CONE OF DEPRESSION CROSS-SECTION s SCALE 1" = 200' HOR. 1" = 10' VER. e iv C C C - — a Nat a as Tu-ttleApplegate,lnc. Consultants for Land, Minerals,and Water September 21, 1999 Mr. Gregg Squire Division of Minerals and Geology 1313 Sherman Street, Room 215 Denver, Colorado 80203 RE: Clarifying Information From The Informal Conference, Loveland Ready Mix Concrete, Inc, Milliken Site,File No. M-99-065 Dear Mr. Squire: During the informal conference on September 14, 1999, several of the objectors attended. These people reiterated their concerns regarding the effects of the mining operation on their property.g p P P rty. Mr. Humphries delineated what concerns were 4 thin the jurisdiction of the Mining and Reclamation Board and which concerns are•not. r Within this five day time period of the informal conference,we wish to specifically address these concerns of the objectors in this letter. By addressing their concerns, we can show how we have mitigated potential impacts. The most voiced concern is regarding groundwater. During the mining operation, the objectors are concerned that the ground water may either:rise or fall and possibly affect their wells and structures. During the mining of cells one and two,we believe that the dewatering of the pit will lower ground water levels under the property of the objectors. Monitoring of existing operations 'shows that the ground water within 600 feet of a dewatered pit will be lowered two to three feet. Since these homes and wells are within 600 feet,we believe there will be a decrease in ground water levels. With this letter we have included a revised groundwater section indicating the probable —- - --groundwater affects of the dewatering and mining operation. - Rather than doing scientific studies regarding pumping rates and transmissivity and storage capacity of the alluvial aquifer as suggested by one objector; we propose to install preventative measures in the case that the groundwater does decrease to unacceptable levels. This approach to mitigating impacts was used successfully at the McLain Pit in Douglas County recently. We ^ proposed a system of monitoring wells, best management practices, and spill clean-up protocol f to remedy problems if they occur. We wish to use the same technique here. ,I 11990 Grant Street,Suite 304 • Denver,Colorado 80233 • (303)452-6611 • Fax(303)452-2759 r"1 t'"1 Mr. Gregg Squire Division of Minerals and Geology eTh September 21, 1999 Page 2 During.our mining of cell one and two, we will observe the ponds and wells on the properties of our neighbors. If they decrease at a rate which indicates an impact to their historical use of water, the mitigation measures will be started. Specifically we will install sleeves under Weld County Road 48.'/2 at several locations prior to paving the.road. Through these sleeves we can push pipes or hoses which can carry dewatering water into the neighbor's properties. This water can then be pumped directly down their irrigation wells or into their ponds, to recharge the groundwater. It is important to note that now the groundwater levels do fluctuate greatly with the irrigation system. From May through September, irrigators up hill of the objector's homes increase the groundwater level to the extent that some pumps in basements work constantly and that water can rise to the surface and puddle. Our dewatering operation in cells one and two could alleviate these problems for the time we are mining there. During October through April,when irrigation is not in use,the ground water level drops. 'During these times we may have to pump water to the wells andponds-of our neighbors. By maintaining:groundwater close to its present levels,the objectors'can continue to use their wells and'maintain the groundwater integrity of their homes. /-. r After cells one and two are mined, they will be allowed to fill up with groundwater. Some objectors have expressed a concern about a mounding affect of groundwater upstream of the lakes and other variations to the ground water level. Since the lakes in cells one and two will be fed by groundwater,the level of water in the lakes will equal the groundwater level. Since the lakes will neither decrease nor increase the level of groundwater, the lakes will have no affect to the wells or basements of the objectors. The groundwater situation should return to what it is now. With regard to the impacts of surface water,the objectors have voiced concern about flooding periods of the Big Thompson River. During high flood stages,water can over top Weld County 1 Road 48 %2 and flood the neighbors' yards up to their houses. Then this flood water can remain on their property because it has no avenue to drain away. This problem occurs because the fill for State Highway 257 and its small bridge opening act as a partial damn to flood waters. The flood waters backup behind the highway and spread out over a large area of property. - The mining operation will increase the volume of the floodplain by removing extra volume between the present grade and the lower water elevation of the lake. In smaller floods,this may assist in keeping water from over topping Weld County Road 48 '/2. In larger floods this extra volume may not make a significant difference. To help remove water from the yards of the objectors, we can install culverts under Weld County Road 48 'h prior to paving. This will help evacuate water from their property as the flood subsides. Since we are not disturbing any ground outside of the mining permit boundary, we will have no other effects to surface water or drainage patterns in the vicinity of the mine. n Mr. Gregg Squire Division of Minerals and Geology r September 21, 1999 Page 3 Some objectors have expressed a concern about increased dust and how this will affect their health. The Board has jurisdiction over dust created by wind erosion during mining and reclamation. The operator will obtain a fugitive dust permit from the Colorado Air Quality Control Division. The operation will operate within the air quality standards of the State and Federal government. Dust from the operation will be controlled by watering and revegetation. A concern was expressed regarding ground water being contaminated by alkaline cement waste from the truck washout pond. This truck washout pond is quickly sealed by the waste concrete itself settling to the bottom of the pond and hardening. In addition our truck washout pond is downstream of the homes and wells and has no way to impact their groundwater. Some mention has been made of impacts on wildlife. The applicant has performed studies for endangered and threatened species. The US Fish and Wildlife Service, who indicated that the endangered species do not occur because of poor habitat quality, have accepted these studies. The land has been severely grazed prior to Loveland Ready Mix Concrete purchasing the ground. The removal of cattle during the mining operation and the reclamation into groundwater lakes may improve wildlife habitat in the long run. Our review showed a possible error in the soils information. Attached is Exhibit I. At the pre-hearing conference, you had questions about our answer to number nine of the Adequacy Review. I hope the discussions of this letter address those questions you may have. If not, please contact us and we can further clarify our position on groundwater stability. Thank you for your attention to our application. Cordially, TUTTLEAPPLEGATE, INC. L/. 77/ Gary J. tle GJT/csw . _ Enclosures cc: Steve-Fancher - Weld County Clerk to the Board, Certified Return Receipt Michael and Dorothy Anthony Jose Refugio Martin del Campo Elizabeth.Stickler Anne Schafer Alex Fischer 1 David and Katheryn Terrell TA File 98-261 Client: L. Jo MIX "� _ Job No: 2(4 M ey:�t_ JDate: `)9 Description: Chk: Date: 7t+ttleAppiegate,lnc. �"" Page: / of: Ir i i 1 I ill i 74). 4\1'. 1.: 7 & › .. in 1 ,I ("*\ <Ti:: :] % o 4 n S: V 1,'. iri= ti. =It -1 0 -,- a D -.1* e a III (‘/a) z =7.-,... -a- , 14 Z LTh= \Ttt 11711 4 1 ' 1 \.__I H i . a til in s id 2 f 1 1�,. 11990 Grant Street, Suite 555 • Denver, Colorado 80233 • (303) 452-6611 • Fax (303) 452-2759 P"1 Two types of soil lie within the site area according to the Weld County Soil Survey, +� conducted by the United States Depailment of Agriculture. They are as follows: r 1. (3) Aquolls and Aquents, Gravelly Substatum 2. (64) Thedalund loam See Attached Map. (3) Aquolls and Aquents, Gravelly Substratum This map unit is on bottom lands and floodplains of all major streams in the survey area. Aquents soils. These soils are This unit consists of 60 percent Aquolls and 35 percent A q deep, and poorly drained. They formed in recent alluvium. The surface is a mildly alkaline to moderately alkaline loamy or clayey layer, as well as the underlying material which is underlain by sand or sand and gravel within 48 inches. The water table is at or near the surface, creating a hydrolic soil condition. The erosion hazard due to wind is low. (64) Thedalund loam This is a moderately deep, well drained soil on plains at elevations of 4,900 to 5,250 feet. It formed in residuum from shale. Included in mapping are small areas of soils that have shale and sandstone deeper than 40 inches. Typically, the surface layer is brown loam about 8 inches thick. The underlying material is pale brown and very pale brown loam. ( Shale is at a depth of about 28 inches. Permeability and available water capacity are moderate, The effective rooting depth is 20 to 40 inches. Surface runoff is medium and the erosion hazard is low. ro at , 2 r p F '✓ 4V Y ,/app'. "` +" YF`w ' ��•�' . x ' , 6� w ' �A wr µ,:ms <al{ a �� W i �. , ... ? f;,, ,A?.=„,-,.. ,.- i \ :ft , .. - .;:ft:ft:iiit- , f , ,, ..,. qi, .ft.,,t, .p , ;.-. . ft, ,,„44. `y� 45a� S 1 1� _}t •xfl,Wia WLc,J y x' ''''f I .'`0 ',kP 1p 1 KeA y1 p f` W '� i 5, ...44E,„ i •,,',,g..,',";-,, tP d i R',k( M. ° er Y Y1 ,� s " } � �y�y�r f^ �., 'y t 4/d r�ri l �d x � tx �;'" ,�^e It tft p/�+�� n� "4,,,"144: � I"1 = i�, �-771,0 ro p�� W "1rt a "(5'.,,t,;::-.',I':, r ti � (d�t t s 1 1 1'; ° ' F� I “4>'"41:44,21;.44, c �� 9^' ✓� 'nit lx �,+1y $ i a '5T'� " ff f il ''''',:;,,,-.11— , . 1 r,4'4ro"� •'�5+i �5.ay, r Sy ' 'y Pl ,,,-:1;,.r.„ : i k�• � 7t,, 1 i * w n dP �� '£ .. re B J a 5 9 ." •` c« d+b if; r. ,/,-,,:"1,."7,.;.;14,,A6.11.4.r �+r,�: r '"+�s"r,;;•w �¢ xn y m, � r _444?,in 4;f4141 1 R .I,t `-'1"u4.4:1:::1 _ v er 5uan .r } E l r '-‘0?-:',,,, ? k, 4� a x l .,H0,0,...‘' i ,5� x 'k ' , 4,.-- _t . w,Y 4� Y. m 3� ryO. „ y® 1,LLIKEN 'f 1. - -tea .1 . 2000 1000 0 2000 mmmm EXHIBIT I SCALE IN FEET Dot, 0)/)9/99 99—zm LOVELAND READY MIX —' TuttieApplegate.lnc. Dm LLD p �" DUNN PROPERTY C L_= �1d°°°9'lad'"�'+�^^wm cn.cxm: c.rr 0 ,cue. )-mmlw Flk: S0M.0.9 SOILS MAP (J9)f11'16611 P¢(JN)153-]))9 Scale I'a 2000'+/- ' 44 "1.4'.., .................. mll OapplcOMotl FIP.9p.¢p.MloatIM PPI es) _ ,e RAJ. rTh TuttleApplegate,lnc. veld 4,0u RY Consultants for Land, Minerals, and Water "an/HQ g OCT 1 1 1999 October 5, 1999 R •c t i v c r, Mr. Gregg Squire Division of Minerals and Geology 1313 Sherman Street, Room 215 Denver, Colorado 80203 RE: Adequacy Response, Loveland Ready Mix Concrete, Inc., Milliken Site,File No. M-99-065 Dear Gregg: With this letter we would like to respond to the memo from Allen Sorenson. Mr. Sorenson made four points in his memo and we will respond in the same numerical order. teTh 1. In our previous adequacy response, we committed to commence augmentation of the ponds and wells on the objector's property when the monitoring of the ponds and wells showed a significant drop in the groundwater level indicating a reduction in the historical use of the well. The operator does not wish to inconvenience the objectors and cause any lawn damage because of inadequate water. Only two objectors use the alluvial wells for lawn irrigation. One objector indicated a need for up to 1,800 gallons per day of water for the irrigation. Therefore we propose this number as a minimum accepted yield for an affected well. 2. To avoid the expense of preparing a river crossing design now, the operator agrees to the stipulation of the permit approval. The operator will leave the river crossing in after the permit is released. Therefore no bond will be required for the permit crossing. 3. The spillways were included in the mining plan-to-reduce-the-potential-expense tothe - - operator for earthwork repair in the event of a large flood of the Big Thompson River. There is no government authority or special district on this site which requires side channel spillways. Neither the Mined Land Reclamation Board nor the DMG Rules and Regulations specifically require side channel spillways. Most permits issued recently outside of Adams County have not required a spillway. We will examine the need for spillways to prevent River relocation on this site and forward separate letter to you. J 11990 Grant Street,Suite 304 • Denver,Colorado 80233 • (303)452-6611 • Fax(303)452-2759 41 n r"1 Mr. Gregg Squire Division of Minerals and Geology October 5, 1999 Page 2 of 2 4. We agree with Mr. Sorenson's conclusion that the dewatering of cells one and two is not likely to cause settlement or damage to structures belonging to the objectors. Thank you for your attention to our application. Cordially, TUTTLEAPPLEGATE, NC. Gary J. Tuttle GJT/csw cc: Steve Fancher, Loveland Ready Mix Concrete, Inc. Weld County Clerk to the Board, Certified Michael and Dorothy Anthony (1 Jose Refugio Martin del Campo Elizabeth Stickler Anne Schafer and Alex Fischer David and Katheryn Terrell TA File#98-261 f TuttleAppiegate,Inc. Consultants for Land, Minerals, and Water October 5, 1999 Mr. Gregg Squire Division of Minerals and Geology 1313 Sherman Street, Room 215 Denver, Colorado 80203 RE: Loveland Ready Mix Concrete Inc., Milliken Site, File No. M-99-065, Adequacy Response Dear Gregg: Last week we had discussions about the need for the side channel spillways between the Big Thompson River and the mining cells. These spillways were included in the permit application feTh for the convenience of the operator. The Big.Thompson River at this point does over top its banks for a variety of reasons that we will explain in this letter. These spillways could control flow of water as it leaves the river channel and lessen the amount of earthwork repair of erosion for the operator. Originally, we did not intend these spillways to be armored. To size the channel, we did use the formula contained in the Mining Criteria manual for the South Platte River prepared by Adams County and Urban Drainage and Flood Control District of Metro Denver. This formula resulted in a spillway width of 50 feet. Along the South Platte River in Adams County,there is concern about the river leaving its channel during major flood events and carving out a new channel. The South Platte River here has tremendous volume and energy along with many mining pits along its length. In addition, the County and State has numerous bridges across the river which could be in danger of undercutting if the river permanently jumped into a mining pit. Along the South Platte River, the channel is quite large and can often contain the 10 year flood event. The channel can be several hundred feet wide and 20-25 feet deep. In this instance, the river banks hold back a tremendous amount of water. When this water finally breaches the bank, there is great velocity and volume pouring_over.the.bank.into_a.nearby mining_pit._It is easy to visualize how the river could quickly erode through the bank as it dumps down into a mining pit. The 100 year flow events of the South Platte River are up to 40,000 cfs. Veld County Flanging aN OCT 11 1999 �' RECEI � _ 11990 Grant Street,Suite 304 • Denver,Colorado 80233 • 0 c °"661`1 • Fax(303)452-2759 Mr. Gregg Squire /mow Division of Minerals and Geology October 5, 1999 Page 2 of 3 Along the Big Thompson River at our site we have much different flooding parameters. Based on flood insurance studies upstream, we estimate that the 100 year event on the Big Thompson River would be 20,000 cfs. The 100 year flood elevation of the site at State Highway 257 is 4744. Refer to the enclosed FIRM map. Our land along the river is 4738 to 4740. Therefore there is only a four to six foot depth of water in the 100 year event. Also the Big Thompson River channel here is generally five to seven feet deep. This land usually floods every spring so it appears the river channel here cannot even contain the 2 to 5 year flood event. With such a shallow river channel, there is much less water volume and pressure inside the bank. The downstream boundary of the site is State Highway 257 which is built on a fill through the river valley. In addition, the bridge over the Big Thompson River cannot fully pass flood events. Consequently, in flood stages the river backs up behind State Highway 257 and spreads out over the land. This partial dam of the Big Thompson River offers several advantages to preventing riverbank erosion. First State Highway 257 acts as a downstream control point. The river cannot cut a new channel around the state highway. The flood water must return back to this bridge to get under the state highway. Second, the partial damming of the river backs up a lake of floodwater which buffers the velocity of the river. The floodwaters coming toward the site run into this backwater and energy is greatly dissipated. The velocities of the water will increase at the bridge as the water goes through it. This point is 500 feet away from our mining pit and is at a substantial distance to prevent erosion. Another advantage of our mining plan to preventing river relocation is that only one pit will be dry mined at a time. Also you will notice that our mining cells and reclaimed lakes are small and can fill up with water quickly. This again lessens the chance of major erosion of the bank. It is also importantto note the next bridge structure upstream from our site is three miles. The land between our site and this bridge structure is mainly agricultural land with no substantial buildings near the river. Therefore, there is no chance of undercutting structures and causing damage. As an alternate to side channels spillways, we propose that a generous setback of mining from the Big Thompson River be maintained. During the time period-May 1st to September 30th, the setback of mining from the river will always be 200 feet. From October 1St to April 30th, the operator may mine within 100 feet of the river and then backfill the mining so the setback is at 200 feet on May lSt. In this way the largest setback is in place during the flood prone portions of the year. fl Mr. Gregg Squire /Th Division of Minerals and Geology October 5, 1999 Page 3 of 3 This 200 foot setback provides very adequate insurance against a breaching of the bank. One flood event is not likely to erode 200 feet of bank. After a flood event,the operator has the ability to repair and rebuild what erosion may have occurred. We conclude that the 200 foot setback is an adequate measure to control bank erosion from flooding events and also to prevent channel relocation on this site. We request that the application be revised to include this increased setback and that the spillways be eliminated. Cordially, TUTTLEAPPLEGATE, INC. 6rA/1 Gary J. Tuttle GJT/csw Enclosure rTh cc: Steve Fancher, Loveland Ready Mix Concrete, Inc. • Weld County Clerk to the Board, Certified Michael and Dorothy Anthony Jose Refugio Martin del Campo Elizabeth Stickler Anne Schafer and Alex Fischer David and Katheryn Terrell TA File#98-261 • H .{'1\I₹ \\t I -"ONF 0 j+� ti r+� "%IVti cw a' T ! `�%S. J4 I / \ F 'Yr '-'b kis1 '�2 1i �` / �' ��// Iv tx .A' SZ 'sy,.vt�,. r ✓` Q-r �4. / V'...--.7_7_-=-. I/1 li �� g k klj ZONE B ( \I 11 I I a s' c 5 �`` k-h1:-.7,".. � sad -- �'D• — i.r I ' 4L�4 7`twr "k 1. +' Q6- I • 1 I �; son r sVs'rm ,. Q�.r,*•{�' Iva£ " P aj. . gOGVE 64 r '�� F (`F �' � \ �, I and s• '•� d fig. w I I I ( 4 . II ti111.J 4 fit 0 '{ya n - I Desch '�°'' r a � • orp �� Il rr C arts ..�s..� -� f < r I ._J� �own of Yc=hnsio'v r. HY Rh. I•y AREA rlor INCLUDED k� GREAT WESTERN _ , I I I I I I I I I I I I t —1 1--1 H I I LI F �. I I 1. --,(2--H,,„ '" 9 ❑❑ y. r � fl] dry } l,RI /\ IY,11II\II IlII•I I Ali 4-4,'a I( H _—._ ; I 14sxI 10 4 11 r Dam Hillsboro Fesery.. �� / I <I Li 1 Rover J. ---� Or4`h /. 1 hhn/npsorl - ""o, i 1 = WELD COUNTY COPAISsirrFPc 11999 OCT 28 A(i a 03 luttleAppiegate,lnc. RECEIVED Consultants for Land, Mineral and Water October 25, 1999 Weld County Planning Dept Mr. Gregg Squire Division of Minerals and Geology fill 7 9 1999 1313 Sherman Street, Room 215 Denver, Colorado 80203 r , rnivED Fax: 303-832-8106 RE: Loveland Ready Mix Concrete, Inc., File No. M-99-065 Dear Gregg: This letter will respond to the October 18, 1999 memo from Alan Sorenson regarding conditions r-, of approval for the Milliken pit. Generally, we are in agreement with the three proposed stipulations which would go on the Division's recommendation. We only have comments to clarify the additional financial warranty amount. We understand the selection of cell 1 at 26.6 acres to calculate the placement of fill to return the mining setback to 200 feet from the River. Mining cell one may have to be dewatered if backfilling of the riverbank is delayed. Boring logs of the gravel exploration done by C-E Maguire, Inc. on May 15, 1978 indicate that groundwater varies from 1.5 feet to 14 feet below the ground surface. The mean depth of groundwater is 5 feet. Therefore, a 26.6 acre pit at 22 foot depths yields 585 acre feet of water or 190 million gallons to be pumped. Colorado Department of Transportation 1994 unit costs from bids for dewatering are $201.50 per million.gallons. Thus, the dewatering costs for cell one is $38,300.00. As we have noted in Exhibit D,the total mining time for this site is 30 years. This is a small operation where the aggregate is only used for concrete production. The timetable for cell 1 is 8 years. Using concurrent reclamation techniques, we will never have 1,600 feet of riverbank mined to within 100 feet of the river during one winter season. The most aggressive mining schedule we could ever imagine would have 400 feet of riverbank mined within one winter. n ``\, Therefore, to recreate the 200 foot river setback would require placement of a strip of fill that is rTh approximately 400 feet long, 100 feet wide, and 27 feet deep. Thus 40,000 cubic yards of fill ` would be required. Using our proposed unit costs for backfilling,the estimated cost is $50,000.00. 11990 Grant St. • Suite 304 • Denver, CO 80233 5441 Boeing Drive. • Suite 200 • Loveland, CO 80536-8855 (303) 452-6611 • Fax (303) 452-2759 (970) 461-9884 • Fax (970) 613-1177 Mr. Gregg Squire feTh Division of Minerals and Geology October 22, 1999 Page 2 of 2 We agree with the topsoil and seeding figure of$8,211.25. The total estimated cost to backfill and reclaim mining cell 1 to the 200 foot setback distance is $96,511.25. We recommend this amount be incorporated into our proposed bond amount of $141,972.00. Thus, the total bond in the permit would be $238,483.25. Thank you for your attention to our permit. Please call me if you have any questions. Cordially, TUTTLEAPPLEGATE, INC. G7A, Gary J. Tuttle GJT/csw Enclosure cc: Steve Fancher, Loveland Ready Mix Concrete, Inc. Weld County Clerk to the Board by Certified Return Reciept Michael and Dorothy Anthony Jose Refugio Martin del Campo Elizabeth Stickler Anne Schafer Alex Fischer David and Katheryn Terrell TA File#98-261 f n n (town-e.- - _ eiNSISSORI TuttleApplegate,lnc. Consultants for Land, Mineral and Water October 26, 1999 Mr. Gregg Squire Division of Minerals and Geology 1313 Sherman Street, Room 215 Denver, Colorado 80203 Fax: 303-832-8106 RE: Loveland Ready Mix Concrete, Inc., - Milliken Site Dear Gregg: As a point of clarification in your review of this application, we wish to state that the depression used to hold the concrete truck washout material will not encounter the groundwater at the site. The pond will be shallow enough so as not to break into the groundwater table. Cordially, . TUTTLEAPPLEGATE, INC. Gary J. T the �J —_ GJT/csw l._.___--------- cc: Steve Fancher, Loveland Ready Mix Concrete, Inc. moo.ng,C3c Weld County Clerk to the Board by Certified Return Receipt GoU�dy P\" n \d and Dorothy Anthony e q5 Michael �J Jose Refugio Martin del Campo NOv o t 1, 1 Elizabeth Stickler `� Anne Schafer A ` �t, V Alex Fischer f David and Katheryn Terrell TA File #98-261 11990 Grant St. • Suite 304 • Denver, CO 80233 5441 Boeing Drive. • Suite 200 • Loveland, CO 80536-8855 (303) 452-6611 • Fax(303) 452-2759 (970) 461-9884 • Fax(970) 613-1177 Hello