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'IP.1' fit' • •��r-+,I i 7 r ' r.E` M1,,1 SY . �1 .-14!: - 1 iii •3NI1iI I'S' ,` / j •fot4 • al-'26;;;;''''''a J • �1 ail u' 7._ -:/ A? tE!l,Ya � � -R. ,. -,"r“,", dlrFfiue..a1'.c 15'i?,�rl`.<l 1 Q « kr,r- _tle Applegate, Inc. 11990 Grant Street; Suite 410 Denver, CO 80233 ?: 77 ri ?`c T1 • NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) OPERATION NOTICE TO THE BOARD OF SUPERVISORS OF THE LOCAL SOIL CONSERVATION DISTRICT Weld County DISTRICT 83rd Avenue Joint Venture (Operator) has applied for a reclamation permit from -fife t oTorado !dined Land Reclamation Board ("the Board" ) to conduct mining operations in Weld County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Colorado Mined Land Reclamation Division ("the Division" ) and the local county clerk and recorder. The applicant proposes to reclaim the affected land for residential Pursuant to C.R.S. 34-32-116(7)(j) the Board is required to confer with the local Soil Conservation Districts before approving of the post-mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you oust submit written comments on the application within twenty (20) days of the date of last publication of notice pursuant to C.R.S. 34-32-112(10). If you would like to discuss the proposed post-mining land use, or any other issue regarding this application, please contact the Colorado Mined Land Reclamation Division, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567. NOTE TO OPERATOR: You oust attach a copy of the first two pages of the application to this notice. If this is a notice of a change to a previously filed application you oust either attach a copy of the changes, or attach a complete and accurate description of the change. n I`( `i 13D3 4u-- PL0885 ;te1 n\t° 921519 REGULAR OPERATION (112) RECLAMATION PERMIT APPLICATION FORM The application for a Regular Operation Reclamation Permit contains three major parts: (1 ) the application form; (2) Exhibits A-S; and, (3) the application fee . When you submit your application, be sure to include five (5) signed copies of the application form , five (5) copies of Exhibits A-S, and a check for the application fee described under Section (14) on Page 3. To expedite processing, please provide the information in the format and order described in this form. sa=ss==x= x____s sas==xtas=s x=sass sass ------- GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, all information described below. ax==:xsxsx saa sax= ============ss===--=== sat=x sa===ss== 1 . Applicant/operator name: Bestway Paving Company 1 . 1 Type of organization (corporation, partnership, etc . ) : Corporation 2. Operation name (pit, mine or site name) : 83rd Joint Venutre Resource 2. 1 I .R.S. Tax ID No. or Social Security No. : 84-1047310 3. Permitted Acres: 124 Permitted acres Please indicate acreage to the nearest tenth (10th) acre. 3. 1 Application fee (see Section 14) : $1,875.00 Application fee 4. Substance(s) to be mined (e.g. , gravel/gold/borrow) : Sand and Gravel 5. Name of owner of surface of affected land: 83rd Joint Venture 6. Name of owner of subsurface rights of affected land: 83rd Joint Venture If 2 or more owners , refer to Exhibit P. 7. Type of mining operation: X Surface _ Underground 8. Location Information: the center of the area where the majority of mining will occur lies in: COUNTY: Weld PRINCIPAL MERIDIAN (check one) : X 6th (Colorado) 10th (New Mexico) Ute TOWNSHIP (write number and check direction) : T 6 a North South RANGE (write number and check direction): R 66 _ East West SECTION (write number) : S 35 QUARTER SECTION (check one) : NE NW SE ix SW QUARTER/QUARTER SECTION (check one): XX NE _ NW _ SE _ SW GENERAL DESCRIPTION: (miles and direction Approximately 1 mile Northwest of Greeley from nearest town and approximate elevation) 4670 feet Elevation • -2- 9. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Individual ' s Name: Carl Hill Company Name: Bestway Paving Company Street: 131 North 35th Avenue; P. 0. Box 3189 City: Greeley State: Colorado Zip Code: 80633-3189 Area Code: 303 Telephone: 353-1654 PERMITTING CONTACT (if different from applicant/operator above) Individual ' s Name: Gary J. Tuttle Company Name: Tuttle Applegate, Inc. Street: 11990 Grant Street, Suite 410 City: Denver State: Colorado Zip Code: 80233 Area Code: 303 Telephone: 452-6611 INSPECTION CONTACT Individual ' s Name: Carl Hill Company Name: Bestway Paving Company Street: 131 North 35th Avnue; P. 0. Box 3189 City: Greeley State: Colorado Zip Code: 80633-3189 Area Code: 303 Telephone: 353-1654 CC: STATE OR FEDERAL LANDOWNER (if any) Agency: N/A Street: City: State: Zip Code: Area Code: Telephone: CC: STATE OR FEDERAL LANDOWNER (if any) Agency: N/A Street: City: State: Zip Code: Area Code: Telephone: -3- 10. Primary future _ Cropland(CR) _ Pastureland(PL) _ General Agriculture(GA) (Post-mining) Rangeland(RL) _ Forestry(FR) _ Wildlife Habitat(WL) land use xx Residential (RS) Recreation(RC) Industrial/Commercial (IC) (check one) : _ Developed Water Resources(WR) _ Solid Waste Disposal (WD) 11 . Primary present _ Cropland(CR) II Pastureland(PL) General Agriculture(GA) land use Rangeland(RL) _ Forestry(FR) _ Wildlife Habitat(WL) (check one) : Residential (RS) Recreation(RC) _ Industrial/Commercial (IC) _ Developed Water Resources(WR) 12 . Method of Mining: _ Quarry (QR) _ Solution (SO) 12a. Other: Briefly explain mining method (e.g. Placer, truck/shovel). Material will be excavated using front-end loaders and scrapers and screened and crushed on site. 13. On Site Processing: Solution (SO) Chemical (CH) _ Thermal (TH) _ Heap Leach (HL) _ Vat Leach (VL) 14. Application Fee: The application fee for quarry mining is $2,325. The application fee for solution mining or any chemical or thermal processing is $3, 100. If none of these methods or processes are to be included in the operation then the application fee is $1 ,875. An applicant will not be issued a reclamation permit until notified by the Division that this application and the required performance and financial warranties have been approved. Alternatively, an automatic approval will occur where the Division fails to notify the applicant/operator that the application has been denied. The final agency action must be made within 120 calendar days from the date the application was submitted. However, the performance and financial warranties must be approved by the Division or Board before a permit will be issued even if you receive an automatic approval . NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT IS ISSUED (Rule 7.2(2)) . It shall be a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Mineral Rules and Regulations in effect at the time the permit is issued. -4- Notice Requirements Immediately after the first publication of your notice in a newspaper of general circulation in the locality of your proposed mining operation, you must mail a copy of the notice to all owners of record of surface rights to the affected land and all owners of record of lands that are within 200 feet of the boundary of the affected land. Notice requirements are specified in Rule 2.2. A copy of a form which includes all required information for the notice has been attached for your use. You will need to provide the Division proof of notice prior to the decision date, which may be by submitting return receipts of a certified mailing or by proof of personal service (Rule 2 .2 .2(6)) . NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions , changes, and deletions to this document prior to final decision by the Mined Land Reclamation Board or Division. Therefore, if you have any comments or concerns, you should contact the applicant or the Division prior to the decision date so that you will know what changes may have been made to the application document. The Division is not allowed to consider comments, unless they are written, and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Division' s review and decision or hearing process, you should contact the Division at (303) 866-3567. As an authorized representative of the applicant, I hereby certify that the operation described herein has met the minimum requirements of the following terms and conditions: 1 . This mining operation will not adversely affect the stability of any significant, valuable and permanent man-made structure(s) located within two hundred (200) fee of the affected lands. However, where there is an agreement that damage to the structure is be be compensated for by the applicant/operator (C.R.S. 34-32-115(4)(d)) , then mining may occur within 200 feet. Proof of an agreement must be submitted to the Division prior to the decision date. 2. No mining operation will be located on lands where such operations are prohibited by law (C.R.S. 34-32-115(4)(f)); 3. As the applicant/operator, I do not have any mining/prospecting operations in the State of Colorado currently in violation of the provisions of the Mined Land Reclamation Act (C.R.S. 34-32-120) as determined through a Board finding. I -5- 4. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. Signed//and dated this y/ day of " (, „ e , 7972- . Era l- c LI 42-._,,;.r ( O en r, pplicant/Opera If Corporation Attest (Seal ) By: By: Tl. /7,v"' Title: C rporat'e Secretary or Equivalent Town/City/County Clerk State of ,,.z i, ) ) ss. County of /A,r/A ) The foregoing`� instrument was acknowledged before me this S day of 4.4,.,e , /9Y,2 by (RAI!4, it .3--fr. as Pis.;6a l of 4-. u/A�,.�v.:,.A et. • i otary Public My Commission txp res day cu, WA) My Commission Expires: (08/91 ) 2823F EXHIBIT A LEGAL DESCRIPTION That portion of Section 35 , Township 6 North , Range 66 West of the 6th Principal Meridian in the County of Weld, State of Colorado more particularly described as follows : Considering the West line of the Southwest Quarter of said Section as bearing South 1°09 ' 16" West with all bearings contained herein relative thereto. Beginning at the West Quarter corner of said Section 35 ; thence along the West line of said Section South 1 "09' 16" West 1038. 27 feet to a point , said point bears North 1°09' 16" East 325.00 feet from the South- west corner of the North Half of the Southwest Quarter of said Section; thence parallel with the South line of the North Half of the Southwest Quarter of said Section South 89°31 '58" East 180.00 feet ; thence parallel with the West line of the Southwest Quarter of said Section South 1°09' 16" West 325.00 feet more or less to the South line of the North Half of the Southwest Quarter of said Section ; thence along said South line South 89°31 '58" East 2571 .51 feet to the Southeast corner of the North Half of the Southwest Quarter of said Section ; thence along the South line of the North Half of the Southeast Quarter of said Section South 89°32'00" East 1826.66 feet more or less to the West line of that certain parcel of land described in Deed recorded in Book 1608, Page 389 records of said County; thence along said West line North 0°15 '00" East 492 .88 feet more or less to the South Right-of-Way of the Colorado Southern Railroad; thence along said Right-of-Way North 12°22 ' 19" West 4765. 15 feet more or less to the West line of said Section; thence along said West line South 1 °12 '33" West 535. 75 feet to the point of beginning. Above described parcel contains 124. 180 Acres more or loss. EXHIBIT B R66W� `, b $o • / ---- 711T ....e\ O V lie �� LA f4 it 14666 I CACHE ?OVOR V (_/:Irlril, ng E c uu,RApO yy / � \ • ' / , , 9.�FR 4665 T HER \ f N R R %\c TI y � �:: /7 TV sa ' © 3` SITE LOCATION 36�AYG VI fiWi z �l )1 y "JX �'k t 3 D,t ti, .'J'r? ^ fir 't�,S ABM )..,c =o t ' r�'.r /� "4�3 `"' F STREET 466a 1 ..• / / I x600 �`/ i��p690�i ° • • —\ T_N '- k, w _ sir w II J iza '-- —_ „ � al T5N ay ¢ Trader Jp Gra el F R� Trailed �I. i •_I ,ly I I (n 6<F,k Park�l .1 - o. I— I I9J2/ 6 h ,_ � �� p II , Sch im° . L.>\{ ij II v �n: i 7 .. I a8N0 / . I . ;Sh w... � 4. 0 2000 ED 1'..20 N J TUTTLE APPLECATE• INC. VICINITY MAP C'- Consultants lot Land and Resource Development 11990 Grant Street, Suite 410 gr—r Denver, Colorado 80233 11031452-6611 JOB NO : 92-106 fliMe MMIO TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development a. 1-7 TELEPHONE: (303) 452-6611 EAT: (303) 452-2159 . 11990 Grant Street; Suite 410; Denver, CO 80233 LETTER OF TRANSMITTAL DATE: 6-10-92 PROJECT: 83rd J .V. Resource TOyeld County Clerk & Recorder 915 Tenth Street Greeley, CO 80632 WE TRANSMIT: THE FOLLOWING: FOR YOUR: x)4 Attached ❑ Prints *1 Use Under Separate Cover ❑ Originals ❑ Approval ❑ Information Below ❑ Copy of Letter ❑ Information ❑ f1 Applications ❑ Review & Comment ❑ Specifications ❑ Material Returned ❑ Recording Mylars ❑ Signature & Return ❑ Change Order ❑ Number of Copies Dated Sheet No. Description 1 6/92 MLRD 112 Appl . for 83rd Joint Venture Remarks: Please make available for public review for the next 120 days. Copy to: File 92-106 Copy w/Enclosures to: Signed: Gary Tuttle 83RD JOINT VENTURE 83RD J.V. RESOURCE APPLICATION FOR A MINING USE BY SPECIAL REVIEW PERMIT WELD COUNTY, COLORADO JUNE 1992 L . TUTTLE APPLEGATE, INC. Camultant,1«Land and Rettwrce Development 83rd JOINT VENTURE RESOURCE WELD COUNTY, COLORADO Applicant: 83rd JOINT VENTURE P. O. Box 3178 Greeley, Colorado 80633 (303 ) 353-1654 Prepared by: TUTTLE APPLEGATE, INC. 11990 Grant Street, Suite 410 Denver, Colorado 80233 (303) 452-6611 TA# 92-106 JUNE 1992 SAM TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development June 9, 1992 Mr. Chuck Cunliffe Weld County Department of Planning Services 915 Tenth Street Greeley, CO 80631 RE: 83rd J.V. Resource, Use By Special Review for a Mining Operation Dear Mr. Cunliffe: With this letter we are requesting a Use By Special Review for a mining operation within the agricultural zone. We are including for your use the complete Regular Operations ( 112 ) application as administered by the Colorado Mined Land Reclamation Division. This application will fully describe our proposed use of mining and final reclamation. Any additional information as requested by the Weld County Procedural Guide will be addressed in this letter. Please find enclosed a complete application and application fee. The proposed mining operation is consistent with the Weld County Comprehensive Plan. The pit will be supplying aggregate to users in Weld County. The proposed use is consistent with the intent of the District since this area contains a valuable resource and will be restored to a beneficial use. This operation will not adversely impact the agricultural economy of the County, and the water rights of other irrigation users will be protected. We expect that this site can be mined out over a 12 to 20 year period. The minimum and maximum of this time span will depend on the health or slowness respectively of the local economy. The large lot residential scheme for the reclamation of the property will be consistent with proposed land uses of the Greeley Comprehensive Plan. When the reclaimed land is ready for development, we except annexation to the City so water and sewer service can be used. The lakes created by the mining operation will be for the personal recreation of the lot owners. The lakes will have a total surface area of 67 acres and will be fed by groundwater only. We will need to augment water due to the evaporative losses on the lakes. These plans are explained in detail in Exhibit G of the Regular Operation application. Sand and gravel mining and agriculture presently surround the property. 11990 Grant Street, #410 Telephone. (303) 452-6611 Denver, Colorado 80233 Facsimile: (303) 452-2759 Mr. Chuck Cunliffe Weld County Planning June 9, 1992 Page 2 The application complies with the County Flood Hazard Overlay District regulations. The reclamation of the pit is proposed as lakes for private recreational uses. The creation of lakes as open space is encouraged by the County in floodplain areas. Later we will submit a Flood Hazard Development permit application. The proposed use is not located in a geologic hazard area or the Weld County Airport Overlay District area. This property is zoned agricultural. This area is currently used for pastureland and is not under crop cultivation. Over the past years the land has been overgrazed and is in poor condition. Its odd shape, small size, and urban location makes the property poorly suited for long term agricultural use. The use will not adversely affect agricultural ditches, wells, or senior water rights. The application will comply with all conditions of State and local permits thus insuring the protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Specific conditions will apply to air quality, water quality, noise, on-site mine safety, and reclamation according to applicable state permits. Noise from the processing site equipment at the property line will not be a problem. The closest processing site will be a minimum of 300 feet from F Street. This distance will adequately dissipate any noise which could be louder than the noise created by vehicles on the road. The nearest residence to the mining pit is 200 feet away. Considering this distance and the operating equipment being depressed in the pit, all noise will be less than the agricultural noise standards developed by the State Department of Health. Compatibility with surrounding land uses is insured by location and setbacks. To the north is the railroad tracks and numerous sand and gravel pits. To the east and west are agricultural lands with a gravel pit to the east of 35th Avenue. To the south are agricultural lands with an asphalt batch plant 1/2 mile to the south on 35th Avenue. With this many sand and gravel operations in existence around the proposed site, the area is accustomed to truck traffic and industrial uses. There are two residences adjacent to the permit boundary. One on the east end and one at the southwest corner. The proposed mining will maintain a 200 foot minimum setback from these residences. Mr. Chuck Cunliffe Weld County Planning June 9, 1992 Page 3 The mining and processing operations will generally work a normal construction workday from 6 :30 a.m. to 4 :30 p.m. on weekdays, approximately 230 days per year. The summer and early fall are traditionally busier seasons for the paving industry and require longer working hours. Therefore we are requesting hours of operation from 6: 00 a.m. to 9 : 00 p.m. ( daylight hours) seven days a week. These hours will vary due to daylight hours. It is expected the operation will employ eight workers on-site. Maintenance of vehicles and equipment will occur before and after regular working a week. There will be no animals allowed near the mining and processing activities at the site. Vehicular traffic and access routes are discussed in the accompanying "Traffic Patterns" statement. (The statement has been provided separately for ease of reference by County Engineering personnel. ) There will be no permanent structures proposed with this use. A portable processing plant will be erected for use with the mining. A temporary asphalt plant may be needed on-site to accommodate any large jobs requiring large amounts of asphalt in a small time frame. The equipment used is delineated on the Use By Special Review application and in the attached Exhibit D. In order to minimize the visual impact of the operation, the mining is divided into specific small scale stages. These stages will limit the amount of disturbed ground. In addition, the reclamation will proceed concurrently with the mining. Immediately after the mining is completed in a particular phase the reclamation will begin, which includes the planting of trees. Phasing is shown on the attached Exhibit C. More trees will be re-established on the site than presently exist. Detailed reclamation plans are discussed in the attached Exhibit E and shown on Exhibit F. The pit is located in the floodplain as defined by the Federal Emergency Management Agency (FEMA) and shown on the Flood Insurance Rate Map (FIRM) . The entire site is shown in a zone designated as Zone AQ, "areas of 100-year shallow flooding where depths are between one and three feet; average depths of inundation are shown, but no flood hazard factors are determined" . The elevated railroad track functions as a barrier to flood flows. Only in large flood events will water back up into this site. The operator will comply with Section 52 and 26 of the Weld County Zoning Ordinance by applying for a Flood Hazard Development permit. Mr. Chuck Cunliffe Weld County Planning June 9, 1992 Page 4 Approximate sizes and locations of stockpiles, plant site, and material storage are shown on the accompanying Exhibits C and D of the MLRD application. With shallow water depths and very low velocities, the potential for stockpiled materials becoming buoyant and leaving the site is remote. The vehicular equipment will be equipped with fire extinguishers per OSHA regulations. There will be no permanent structures proposed with this use. The processing plant will be equipped with a fire extinguisher. The site will lie within the Greeley Fire Protection District. The Regular Operations application Exhibit G discusses the availability of water for process washing, dust control, moisture loss, and evaporation loss. Drinking water on-site will be provided by the operator in the form of bottled water. Sanitary facilities will be provided by a private contractor. This mining operation will not cause injury to vested or conditional water rights along the Cache La Poudre River. The property deed naming 83rd Joint Venture as owner of the property and a letter giving Bestway Paving Company legal right to enter are included in the attached Exhibit O, to demonstrate the applicant's interest in the property. Soils information is included in the attached Exhibit I . The soil does not pose any limitations to the proposed mining use. Cordially, TUTTLE APPLEGATE, INC. Gary J. Tuttle GJT/cr Encs. cc: File #92-106A Carl Hill, Bestway Paving Company WELD COUNTY, COLORADO USE EY SPECIAL REVIEW APPLICATION for MINING PERMIT Weld County Department of Planning Services, 915 10th Street, Greeley, Colorado, Phone 356-4000, Extension 4400 For Department of Planning Services Use Only Case Number: Date Application Received: PC Hearing Date: Section: , Township: North, Range: West Zoning District: Recording Fee: Permit Fee: Recording Fee Receipt I: Receipt Number: Application Reviewed By: To be completed by APPLICANT in accordance with procedural guide Requirements: I. I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed sand R gravel (gravel, coal, borrowpit, etc.) mining operation for the 'following described unincorporated area of Weld County: LEGAL DESCRIPTION See Attached Exhibit"A" TOTAL ACREAGE: 124.0 2. Surface owner(s) of area of land described Name: 83rd Joint Venture Address: P. 0. Box 3178 Phone:353-1654 Name: Address: Greeley, 80633 Phone: 3. Owner(s) of mineral rights to substance to be mined Name: 83rd Joint Venture Address: P. 0. Box 3178 Phone:353-1654 Name: Address: Greeley, 80633 Phone: 4. Source of applicants' legal right to enter and to mine on the land described: SPP Attached Fxhihit "0" (Attached certified copy of any document noted to the back of this form) S. Address of applicant and general office Q(� Applicants address: 191 N 95th Ave Greeley_8P433 Phone: 909-969-1654 General Office address: Same Phone: 6. Identify any prior permits for mining held by applicant or affiliated person: Bestway Paving Pit No. 1 7. Description of Operation a. Types and number of operating an processing equipment to be employed: Frnnt Inadprc-2, Srraoerc-7. dniprs gradprc_ pxravator, rruchpr- srrppn plant. wash plant. asphalt batch Plant. scale office. night watchman ouarters, maintenance shop. b. Maximum number of employees: 8 , and number of shifts: 2 Ga.rn.- 9p.m. daylight c. Number of stages to be worked: 8 , and periods of time each is to be worked: Each phase will last approximately 2 years. d. Thickness of mineral deposit: 25 feet , and thickness of the overburden: 4 feet e. This will be a wet/dry pit operation. Dry f. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point(s) (must be coordinated with County Engineer) : Site entrance/exit point will be on F Street, between 35th and 47th Avenue. Delivery points will be throughout Greeley and Weld County. 8. Description of Rehabilitation a. Proposed rehabilitation land use(s): Large lot residential b. Source of technical advice for reclamation: Greeley Soil Conser- vation District, Colorado Department of Wildlife. c. Explanation of Reclamation Process: Areas for residential lots and all areas along the lakeshores will be backfilled to 3H:1V slopes. Residential lots will be developed as shown on the attached map- page three of three (Exhibit "F ') . 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. COUNTY OF ,4/ 2 1 STATE OF d 2 r4!I a t7 p�✓ n(� _r;.^ f U „L..r K Signature: Owner/ thorized Agent Subscribed and sworn to before me this �' day \of ', .7i/1'C , 19sof SEAL NOT Y PUB My Commission expires My CommiSSuncxµrosduiyc71995 7 7 - - - . AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property See Attached Exhibit A SATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within 500 feet of the property which is the subject of the application. This list was compiled from the records of the Weld County Assessor, an ownership update from a title or abstract company, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within 30 days of the application submission date. The foregoing instrument was subscribed and sworn to before me this day .of �ir�n , 19 9 , by • $(77-41Ess, pry t4an4 and official seal. •41y Commi$aion expires My Commission Expires September 9, 1994 No ry Public PROPERTY OWNERS WITHIN 500 FEET 1 . Marilyn L. Bunn 0805-34-000-030 10305 Dickens Avenue Bethesda, MD 20014 2 . Western Mobile, Inc. 0805-34-000-031 P. 0. Box 1647 Greeley, CO 80632 3 . Keith & Barbara McIntyre 0805-34-000-076 4804 F Street Greeley, CO 80631 4 . Robert & Patsy Drewer 0805-34-000-077 4702 West F Street Greeley, CO 80631 5 . Putnam Farm Partnership 0805-35-000-010 c/o Prime Management 4891 Independence Street, #140 Wheat Ridge, CO 80033 6. William & Dorothy Rodman 0805-35-000-012 c/o Greeley National Bank P. 0. Box 1098 Greeley, CO 80632 7 . Wayne & Elaine Larson 0805-35-000-013 3501 West F Street Greeley, CO 80634 8. Elmer & Cecil Elliott 0805-35-000-044 4699 West F Street Greeley, CO 80631 9. Western Mobile, Inc. 0805-35-000-069 P. O. Box 1647 Greeley, CO 80632 10 . Marilyn L. Bunn 0805-35-000-072 10305 Dickens Avenue Bethesda, MD 20014 11 . Putnam Farm Partnership 0805-35-000-073 c/o Prime Management 4891 Independence Street, #140 Wheat Ridge, CO 80033 12 . Western Mobile, Inc. 0805-35-000-078 P. O. Box 1647 Greeley, CO 80632 13 . Phyllis Ketler Gardener & William & Price Ketler 0805-36-000-004 Rural Route Max, NE 69037 14 . City of Greeley 0805-36-000-050 919 Seventh Street Greeley, CO 80631 15. Platte Valley Investment Company 0805-36-000-053 P. 0. Box 3296 Greeley, CO 80633 16. Flatiron Sand and Gravel 0805-36-100-013 P. O. Box 229 Boulder, CO 80302 17 . Margarette La Verne Evans Et Al 0805-35-000-043 Charles L. Evans, Jr. Heirs 0805-35-000-011 c/o Berthoud National Bank 2638 12th Avenue Greeley, CO 80631 18. Bellweather Exploration 3455 F Street Greeley, CO 80631 19. Weld County Commissioners 915-10th Street Greeley, CO 80631 20. Boyd Freeman Ditch Company c/o John Hickman Western Mobile, Inc. P. O. Box 215001 1400 West 64th Avenue Denver, CO 80221 21 . Colorado & Southern Railway 1405 Curtis Street Denver, CO 80202 r----7------,_ \ er 1R66t2W .,p• �� w'a I ., ° 'w�� v406 • P69r • 4670 •CACHE � �PO(/ ;7:7 R 4: _ ARE Ot o V A v �V '''' °� MFR ..:::: LA r----- .. .0,./T0---. \ . ,,_, / ---, 4685 2�ER R P6>p 91). J r �y ^ �` 3a 3°E 1 < < �3` SITE LOCATION 36 -' fir: $ 1 12v 16 /]0 t �6d3 g:e• 6 STREET . 460 ��T II Y e' •• 3 4 10 \� 5 cam•__.1i13 15 �, ivp '1 eseo r i . t. ; T6N r - s T5N I 16 i < c a (), t, Park jI\ `\ _ l "Grave'. is _ ,f^ Trailer] �1�." nv� n : `\ EE E; . / \ CO�-I 4680 r N J N. \k I� \ 'f, j�1I 11 \y ND ee I 1 / l .--;;;„<7 l: \E --: \ ��. i f k ,. k ,.. \ 03 Q� L r y1 1")1\- 1 � i< �I��< i I I,�e 1 —�E`: i I� nkit -•�� F £- _ o EY t I j )•<j � I` ti\\ .r`j,.1i �� It( -� ,. -1 Val.. _;:chit\w *0° it .P PROPERTY OWNERS WITHIN 500 FEET _0o Va2000' N J TUTTLE APPLEGATE, INC. "t; _ Cem.lt.nu Is l.M.M Ileeerte ui to 4ment z' 11990 Grant Street, Slate 410 _e. Denver,Colorado 80233 13031452-6611 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property See Attached Exhibit A STATE OF COLORADO 1 1 se. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of minerals on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, from an ownership update from a title or abstract company, or an attorney. Ta- The foregoing instrument was subscribed and sworn to before me this th day of , 19 .ff , By 0.,r y T. /wiTin.ss.myhand and official seal. My Com¢isyion expires: My Commission Expires 1i1 ep,en:5sr 9, 1994 °taw Publsq MUNICIPALITIES WITHIN TWO MILES City of Greeley 1000 Tenth Street Greeley, CO 80631 OWNERS OF RECORD OF AFFECTED LANDS AND OWNERS OF SUBSTANCE TO BE MINED 83rd Avenue Joint Venture Carl Hill, Jr. P. O. Box 3178 Greeley, CO 80633 TRAFFIC VOLUMES AND HAUL ROUTES The 83rd J. V. Resource will be using one or two 25 ton, 18 wheel trucks. These trucks will be running 8 to 10 hours a day and will make approximately 48 trips per day total. The general market area for the pit will consist of the City of Greeley and Weld County. At each access point used, the operator will construct a 50 foot long asphalt apron with a 50 foot radius for turning. Inside the site there will be a 50 foot long area of crushed stone adjacent to the new apron to limit any damages and mud debris from the mine site to F Street. The proposed haul route will exit the property onto F Street and proceed east to 35th Avenue. One hundred percent of the traffic will then proceed south on 35th Avenue to the Bestway Paving Company asphalt batch plant location approximately one mile south of the site. Both F Street and 35th Avenue are established truck routes and have a pavement section to carry the traffic. The roads are in excellent repair and should not be affected by the traffic from 83rd J. V. Resource. OWNER'S POLICY OF TITLE INSURANCE ISSUED BY TRANSAMERICA TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS,TRANSAMERICA TITLE INSURANCE COMPANY,a California corporation,herein called the Compa- ny,insures,as of Date of Policy shown in Schedule A,against loss or damage,not exceeding the Amount of Insurance stated in Schedule A,sustained or incurred by the insured by reason of: I. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketabibty of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs,attorneys'fees and expenses incurred in defense of the title,as insured,but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF,TRANSAMERICA TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers,the Policy to become valid when countersigned by an authorized officer or agent of the Company. TRANSAMERIICC_AA/TITLE INSURANCCEEECCOMPANY ott\`! 'yr By By: rryinmQJ rh�tQldM `� `MlaaroRik, Authorized Countersignature }E 4 President 6 'M 41 23,Viva a 5 Attest: Cr? •f+[IfORNtY'• Secretary EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or(w)environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (h) Any governmental police power not excluded by (a)above, except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a)created,suffered,assumed or agreed to by the insured claimant; (b)not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy;or (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. American Land Title Association Owner's Policy(61$71 Valid Only If Schedule A. B and Cover Are Attached Face Page Form 1141-41 • TRANSAMERICA TITLE INSURANCE COMPANY POLICY OF TITLE INSURANCE SCHEDULE A Amount of Insurance: $ 151,000.00 Policy No. : 8030283 Date of Policy: January 7, 1992 at 7:00 A.M. 1. Name of Insured: 83rd Joint Venture, a Colordo Joint Venture 2. The estate or interest in the land described herein and which is covered by this policy is: FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: 83rd Joint Venture, a Colordo Joint Venture 4. The land referred to in this Policy is described as follows: (SEE ATTACHED PAGE FOR LEGAL DESCRIPTION) TRANSAMERICA TITLE INSURANCE COMPANY Policy No. : 8030283 LEGAL DESCRIPTION That portion of Section 35, Township 6 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado, more particularly described as follows: Considering the West line of the SW1/4 of said Section as bearing South 1 degrees 09 minutes 16 seconds West with all bearings contained herein relative thereto. Beginning at the West Quarter corner of said Section 35; thence along the West line of said Section South 1 degree 09 minutes 16 seconds West 1038.27 feet to a point, said point bears North 1 degrees 09 minutes 16 seconds East 325. 00 feet from the Southwest corner of the N1/2 of the SW1/4 of said Section; thence parallel with the South line of the N1/2 of the SW1/4 of said Section South 89 degrees 31 minutes 58 seconds East 180.00 feet; thence parallel with the West line of the SW1/4 of said Section South 1 degree 09 minutes 16 seconds West 325.00 feet more or less to the South line of the N1/2 of the SW1/4 of said Section; thence along said South line South 89 degrees 31 minutes 58 seconds East 2571.51 feet to the Southeast corner of the N1/2 of the SW1/4 of said Section; thence along the South line of the N1/2 of the SE1/4 of said Section South 89 degrees 32 minutes 00 seconds East 1826. 66 feet more or less to the West line of that certain parcel of land described in Deed recorded in Book 1608, Page 389 records of said County; thence along said West line North 0 degrees 15 minutes 00 seconds East 492 . 88 feet more or less to the South Right-of-Way of the Colorado Southern Railroad; thence along said Right-of-way North 72 degrees 22 minutes 19 seconds West 4765. 15 feet more or less to the West line of said Section; thence along said West line South 1 degree 12 minutes 33 seconds West 535. 75 feet to the point of beginning. Page 2 83RD JOINT VENTURE 83RD J.V. RESOURCE APPLICATION FOR A REGULAR OPERATION (112) MINED LAND RECLAMATION PERMIT WELD COUNTY, COLORADO JUNE 1992 ezI TUTTLE APPLECATE, INC. Cenrulta t,ter land and Re source Development 83rd JOINT VENTURE RESOURCE WELD COUNTY, COLORADO Applicant: 83rd JOINT VENTURE P. O. Box 3178 Greeley, Colorado 80633 (303 ) 353-1654 Prepared by: TUTTLE APPLEGATE, INC. 11990 Grant Street, Suite 410 Denver, Colorado 80233 (303 ) 452-6611 TA# 92-106 JUNE 1992 REGULAR OPERATION (112) RECLAMATION PERMIT APPLICATION FORM The application for a Regular Operation Reclamation Permit contains three major parts: (1 ) the application form; (2) Exhibits A-S; and, (3) the application fee . When you submit your application, be sure to include five (5) signed copies of the application form , five (5) copies of Exhibits A-S, and a check for the application fee described under Section (14) on Page 3. To expedite processing, please provide the information in the format and order described in this form. ==s=fx= s == ====.-.= ____ s==asfx=fxxx GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, all information described below. s===f==== ========____fl===-=x=====f========_===x-f=f===== ====f= =a==xaaa=C 1 . Applicant/operator name: Bestway Paving Company 1 .1 Type of organization (corporation, partnership, etc.) : Corporation 2. Operation name (pit, mine or site name) : 83rd Joint Venutre Resource 2.1 I .R.S. Tax ID No. or Social Security No. : 84-1047310 3. Permitted Acres: 124 Permitted acres Please indicate acreage to the nearest tenth (10th) acre. 3. 1 Application fee (see Section 14): $1,875.00 Application fee 4. Substance(s) to be mined (e.g. , gravel/gold/borrow) : Sand and Gravel 5. Name of owner of surface of affected land: 83rd Joint Venture 6. Name of owner of subsurface rights of affected land: 83rd Joint Venture If 2 or more owners, refer to Exhibit P. 7. Type of mining operation: X Surface _ Underground 8. Location Information: the center of the area where the majority of mining will occur lies in: COUNTY: Weld PRINCIPAL MERIDIAN (check one): X 6th (Colorado) 10th (New Mexico) Ute TOWNSHIP (write number and check direction): T 6 gg North South RANGE (write number and check direction) : R 66 _ East KX West SECTION (write number) : S _la_ QUARTER SECTION (check one): NE NW SE AI SW QUARTER/QUARTER SECTION (check one) : XX NE _ NW _ SE _ SW GENERAL DESCRIPTION: (miles and direction Approximately 1 mile Northwest of Greeley from nearest town and approximate elevation) 4670 feet Elevation -2- 9. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Individual ' s Name: Carl Hill Company Name: Bestway Pavina Company Street: 131 North 35th Avenue: P. 0. Box 3189 City: Greeley State: Colorado Zip Code: 80633-3189 Area Code: 303 Telephone: 353-1654 PERMITTING CONTACT (if different from applicant/operator above) Individual ' s Name: Gary J. Tuttle Company Name: Tuttle Applegate, Inc. Street: 11990 Grant Street, Suite 410 City: Denver State: Colorado Zip Code: 80233 Area Code: 303 Telephone: 452-6611 INSPECTION CONTACT Individual ' s Name: Carl Hill Company Name: Bestway Paving Company Street: 131 North 35th Avnue; P. 0. Box 3189 City: Greeley State: Colorado Zip Code: 80633-3189 Area Code: 303 Telephone: 353-1654 CC: STATE OR FEDERAL LANDOWNER (if any) Agency: N/A Street: City: State: Zip Code: Area Code: Telephone: • CC: STATE OR FEDERAL LANDOWNER (if any) Agency: N/A Street: City: State: Zip Code: Area Code: Telephone: -3- 10. Primary future Cropland(CR) Pastureland(PL) _ General Agriculture(GA) (Post-mining) — Rangeland(RL) Forestry(FR) Wildlife Habitat(WL) land use yx Residential(RS) Recreation(RC) - Industrial/Commercial (IC) (check one) : _ Developed Water Resources(WR) _- Solid Waste Disposal (WD) 11 . Primary present Cropland(CR) II Pastureland(PL) __ General Agriculture(GA) land use � Rangeland(RL) _ Forestry(FR) Wildlife Habitat(WL) (check one) : — Residential(RS) Recreation(RC) _ Industrial/Commercial (IC) _ Developed Water Resources(WR) 12. Method of Mining: _ Quarry (QR) _ Solution (SO) 12a. Other: Briefly explain mining method (e.g. Placer, truck/shovel). Material will be excavated using front-end loaders and scrapers and screened and crushed on site. 13. On Site Processing: Solution (SO) Chemical (CH) _ Thermal (TH) _ Heap Leach (HL) _ Vat Leach (VL) 14. Application Fee: The application fee for quarry mining is $2,325. The application fee for solution mining or any chemical or thermal processing is $3,100. If none of these methods or processes are to be included in the operation then the application fee is $1 ,875. An applicant will not be issued a reclamation permit until notified by the Division that this application and the required performance and financial warranties have been approved. Alternatively, an automatic approval will occur where the Division fails to notify the applicant/operator that the application has been denied. The final agency action must be made within 120 calendar days from the date the application was submitted. However, the performance and financial warranties must be approved by the Division or Board before a permit will be issued even if you receive an automatic approval . NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT IS ISSUED (Rule 7.2(2)) . It shall be a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Mineral Rules and Regulations in effect at the time the permit is issued. -4- Notice Requirements Immediately after the first publication of your notice in a newspaper of general circulation in the locality of your proposed mining operation, you must mail a copy of the notice to all owners of record of surface rights to the affected land and all owners of record of lands that are within 200 feet of the boundary of the affected land. Notice requirements are specified in Rule 2.2. A copy of a form which includes all required information for the notice has been attached for your use. You will need to provide the Division proof of notice prior to the decision date, which may be by submitting return receipts of a certified mailing or by proof of personal service (Rule 2 .2.2(6)) . NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions, changes, and deletions to this document prior to final decision by the Mined Land Reclamation Board or Division. Therefore, if you have any comments or concerns , you should contact the applicant or the Division prior to the decision date so that you will know what changes may have been made to the application document. The Division is not allowed to consider comments, unless they are written, and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Division' s review and decision or hearing process, you should contact the Division at (303) 866-3567. As an authorized representative of the applicant, I hereby certify that the operation described herein has met the minimum requirements of the following terms and conditions : 1 . This mining operation will not adversely affect the stability of any significant, valuable and permanent man-made structure(s) located within two hundred (200) fee of the affected lands. However, where there is an agreement that damage to the structure is be be compensated for by the applicant/operator (C.R.S. 34-32-115(4)(d)) , then mining may occur within 200 feet. Proof of an agreement must be submitted to the Division prior to the decision date. 2. No mining operation will be located on lands where such operations are prohibited by law (C.R.S. 34-32-115(4)(f)) ; 3. As the applicant/operator, I do not have any mining/prospecting operations in the State of Colorado currently in violation of the provisions of the Mined Land Reclamation Act (C.R.S. 34-32-120) as determined through a Board finding. -5- 4. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. Signed and dated this // day of ,T, „ r , /9fL • Kpplicant/Operator If Corporation Attest (Seal ) By: By: 4. I-1A Title: C rporat'e Secretary or Equivalent Town/City/County Clerk State of (7 rz efo ) ss. County of Lucircl ) The foregoing'/ instrument was acknowledged before me this S day of _44,„,e , ',rot by en,ti H� l I dr. as ikrr„!.."J of 42esi- H/.v et . otary Public My Commission kxpresJulyzu, My Commission Expires: (08/91 ) 2823F PROPERTY OWNERS WITHIN 200 FEET 1 . Marilyn L. Bunn 0805-34-000-030 10305 Dickens Avenue Bethesda, MD 20014 2 . Western Mobile, Inc. 0805-34-000-031 P. O. Box 1647 Greeley, CO 80632 4 . Robert & Patsy Drewer 0805-34-000-077 4702 West F Street Greeley, CO 80631 5 . Putnam Farm Partnership 0805-35-000-010 c/o Prime Management 4891 Independence Street, #140 Wheat Ridge, CO 80033 6 . William & Dorothy Rodman 0805-35-000-012 c/o Greeley National Bank P. O. Box 1098 Greeley, CO 80632 7 . Wayne & Elaine Larson 0805-35-000-013 3501 west F Street Greeley, CO 80634 8. Elmer & Cecil Elliott 0805-35-000-044 4699 West F Street Greeley, CO 80631 9 . Western Mobile, Inc. 0805-35-000-069 P. O. Box 1647 Greeley, CO 80632 10. Marilyn L. Bunn 0805-35-000-072 10305 Dickens Avenue Bethesda, MD 20014 11. Putnam Farm Partnership 0805-35-000-073 c/o Prime Management 4891 Independence Street, #140 Wheat Ridge, CO 80033 12 . Western Mobile, Inc. 0805-35-000-078 P. O. Box 1647 Greeley, CO 80632 14 . City of Greeley 0805-36-000-050 919 Seventh Street Greeley, CO 80631 15. Margarette La Verne Evans Et Al Charles L. Evans, Jr. Heirs c/o Berthoud National Bank 2638 12th Avenue Greeley, CO 80631 16. Bellweather Exploration 3455 F Street Greeley, CO 80631 17 . Weld County Commissioners 915-10th Street Greeley, CO 80631 18. Boyd Freeman Ditch Company c/o John Hickman Western Mobile P. 0. Box 215001 1400 West 64th Avenue Denver, CO 80221 19 . Colorado & Southern Railways Company 1405 Curtis Street Denver, CO 80202 R66WI \c, *69r :I) Po1\l (� wY\ J *66• �l• CACHE . ¢ �'O14) r COIh‘j " °� \ y'� A �-� ' ' 1;7-4;.;lie FR So -4°Y--- \ �yitb j I 2 �, I 146 6' 4685 ,yeti; s4.2 : �1 7/ 34 ' 'VE SITE LOCATION 36 1fi 12 , b n` s Y ' / 18 Dd �"' �*r • �- IM Air ° e ••j „*693 g' 6 7' STREET ' *6�* .Cod r •e. T 6 N ` o LU sp,n. W �— - �� Q Trailer : T 5 N a ,$ Park r'c ( j ir "Gravel I '— F R'a Trailer' I;I r, O \ I EE6F Park - . V 1 ( 4660. _-I I, c I� ak� a atl ND I. °�';p„H—iill i'rte' .. n. N �T13 A IL !I � sch � •d\c 1 L i r PM ;7.?: 41..aiNC?:::" al c ....,- we In i a: ENV aEY . !..I: .. ....:.: •\ . V PROPERTY OWNERS 0 2000 WITHIN 200 FEET 1'2000' N / TUTTLE APPLEGATE, INC. Ca— femultants lea Land and Resource Development C= 11990 Grant Street, Suite 410 )B Denver,Colorado 60233 130314 S2-6611 EXHIBIT A LEGAL DESCRIPTION That portion of Section 35, Township 6 North , Range 66 West of the 6th Principal Meridian in the County of Weld, State of Colorado more particularly described as follows : Considering the West line of the Southwest Quarter of said Section as bearing South 1°09' 16" West with all bearings contained herein relative thereto. Beginning at the West Quarter corner of said Section 35 ; thence along the West line of said Section South 1"09 ' 16" West 1038.27 feet to a point , said point bears North 1 °09' 16" East 325.00 feet from the South- west corner of the North Half of the Southwest Quarter of said Section ; thence parallel with the South line of the North Half of the Southwest Quarter of said Section South 89°31 '58" East 180.00 feet ; thence parallel with the West line of the Southwest Quarter of said Section South 1°09' 16" West 325.00 feet more or less to the South line of the North Half of the Southwest Quarter of said Section ; thence along said South line South 89°31 '58" East 2571 .51 feet to the Southeast corner of the North Half of the Southwest Quarter of said Section; thence along the South line of the North Half of the Southeast Quarter of said Section South 89°32 '00" East 1826.66 feet more or less to the West line of that certain parcel of land described in Deed recorded in Book 1603, Page 389 records of said County; thence along said West line North 0'15 '00" East 492.88 feet more or less to the South Right-of-Way of the Colorado Southern Railroad; thence along said Right-of-Way North 72°22 ' 19" West 4765. 15 feet more or less to the West line of said Section ; thence along said West line South 1 °12 '33" West 535. 75 feet to the point of beginning. Above described parcel contains 124.180 Acres more or loss. EXHIBIT B R66W ?"1:::::\ it �7� z° paC / ��L.° C • I arse • • CACHE POun y --F n J iv M SOOT \\.. l a,_ c.? 4885 , SERI y �° {I "'_`. `' '.r 7 I I E ® 3�34 SITE LOCATION 36 , F STR\ I - iw6B3 .d�b � ET 4964 II I. . 1'6;9O .e.1 ' I 4��Q61° I� �� Srn; W ,.. T6N It o �°? LU_,. v — - >A ° • I \ ' ~41 >ii2o— ;' _� _ Q ;Trailer T5N v Q) '$ Park ; r � u� �c _ ♦' 'Gravel I' _, Trailer' p I \ et e Park,l r,; y ° / d�° 1 .b. 9721 h in tfl� ° - • i 'II te, J \\ .fin: \I 40 r i. � -_ £ ` iT Shy2� ap S 3 till n l :. /19 li ° ..i _ ., y�. ..r'l. ;,ch"../ 0 2000 1'e20 N TUTTLE APPLECATE, INC. VICINITY MAP .— r:a„°b ai tw L.nd aM Ibwurte Devdop,een, _: 11990 Grant Street, Suite 410 _W Denver, Colorado 80233 (3031452-6611 EXHIBIT D MINING PLAN Eighty-Third Joint Venture Resource will be use by the operator as a source of sand and gravel to be mainly use in asphalt paving. Bestway Paving is the applicant and will be the operator while the property is owned by 83rd Avenue Joint Venture. The entire permit area includes 124 acres while the area to be mined is approximately 110-115 acres in size. The property is located East of the intersection of F Street and 35th Avenue on the west side of Greeley, Colorado. Mining on the property will commence at the East end an progress toward the West. As the operator reaches the groundwater table, the pit will be pumped dry and mined with front loaders. A total of eight phases are planned for the operation. We expected each phase to take about two years to mined and the entire property will take from 15 to 20 years to complete. Along with the mining, concrete reclamation will be used to minimize the amount of disturbed area at any given time. The operator intends to set back a minimum of 200 feet from the two houses which boarder the property. The set back from the right of way of F Street will be 25 feet. The operator will submit to the approval resolution from the Weld County Board of County Commissioners, which shall include permission to mine to 25 feet of the right of way. Prior to the commencement of mining, the operator will submit to the division written agreements with Bellweather Exploration Company and the Colorado & Southern Railway to mined within 200 feet of there structure. The Boyd Freeman Ditch transverse the property on the West end. Eighty-third Joint Venture owns approximately one-third shares of this ditch. This water will be utilized in the augmentation plan in the final annuls. By agreement with the ditch company, the ditch will be relocated around the west and northern mining perimeter. This agreement will be submitted to the division prior o the commencement of mining. is can be seen on Exhibit "C" , the property will be mined in eight phases. The equipment used to process sand and gravel will be portable in nature and be relocated every several years to a different plant site. The processing equipment will include a crushing and a screened plant with various conveyors to deliver raw materials and stockpile finished products. A trailer will be located in the plant site as an office. In addition the existing house on the West side of the property may also be used as an office or storage area. A maintenance shop will also be located in the plant site area. Occasionally for specific large projects, an asphalt batch plant maybe moved onto the property to product asphalt. In this case, scales will be located with the asphalt plant. Either the existing house or the trailer may include a quarters for a night watchman. Motorize equipment in the mining operation will include, front loaders, dozers, scrapers, and excavators and haul trucks. Drinking water for the employees will be by bottled water at the job site. Sanitation will be provided by portable sandlite toilets. The material to be mined at the 83rd JV Resource is sand and gravel deposits along the Podure river. Information obtain from Borlags drilled on the property indicate the sand and gravel at the site vary in thickness from 11 1/2 to 18 1/2 feet and has an average thickness of 14 .3 feet. The site is overlayed by overburdened which varies in thickness from 2 1/2 to 6 feet and has an average of 4 feet in depth. The property is a commercial grade deposit and is suited for a wide range of construction uses including concrete an asphalt paving agreement. Generally groundwater was encountered at depth of 4 feet. The bedrock encountered in the drilling was a weather clay stone. The mining will result in a creation of lakes filled by and replentified by groundwater. The Bellweather Exploration pipeline will divide the water into two seperate lakes. A culvert will be installed in the dike surrounding the pipeline in order to regulate the water level in the up-stream lake. There is a possibility that during the 15 to 20 year time frame for mining, the oil and gas well will be exhausted and both the well and the pipeline will be abandoned. The total size of the water will be from 50 to 60 acres depending on the overburden and waste products available as fill. Water rights purchased with a property will be used to augment for evaporation. Refer to Exhibit "G" for a full discussion on water. Due to the concurrent reclamation methods, the amount of stockpiles for topsoil will be minimized. The operators plan to handle as much of this material only one time. For example, the topsoil and overburden is being stripped for the mining phase to be mined, it will be immediately placed in it' s final location in the previously mined shoreline. During the phase one mining, there will be no location to place the material so there will be several stockpiles surrounding the phase one mining areas. In addition topsoil overburdened will stored next to phase eight mining in order to finish the final reclamation here. Jurisdiction wetlands have been delineated on the site and this map was submitted and approved by the U. S. Army Corps of Engineers. The Mining Plan itself fills less than 1 acre of wetlands. A Nationwide 26 permit will be applied for. The sequence of mining is as follows: 1 . The topsoil overburden will be stripped separately and/or stored in a stockpile or placed on an area to be reclaimed. 2 . The plant site and Hall Road will be constructed. 3. The dewatering ditch on the perimeter of the mining phase will be constructed. Groundwater leaking into the dry pit will be directed toward the dewatering pump. 4 . Sand and gravel will be extracted and transported to the plant site for processing. 5 . Precious material will be stockpiled as finished product and then hauled off the site. Due to the mining and phases in the concurrent reclamation, the entire site will not be disturb at one time. During any given year, there will be property being stripped in preparation of mining, property being mined, a plant site set up, and property under reclamation. In looking at Exhibit "C" , the areas of mining phase two and three are the largest. Therefore, for the purposes of calculating disturbance we will assume that mining is occurring in phase three while phase two, shoreline, is under reclamation. Therefore the disturbance associated with the mining is classified as follows: Major Disturbance Mining, Phase 3 14 .2 acres Topsoil Stockpiles, Phase 8 0.3 acres Overburden Stockpiles, Phase 8 0 .7 acres Stripped prior to Mining, Phase 4 2 .0 acres Moderate Disturbance Plant Site and Product Stockpiles, Phase 3 2 .6 acres Haul Road 0 .8 acres Shorelines, Phase 2 1 . 1 acres Minor Disturbance Reclaimed and Seeded, Phase 1 1 .7 acres TOTAL DISTURBED ACREAGE 24.4 ACRES Generally the slopes of the mine will be mined at a one to one slope. An excess of overburden and waste materials will be used to back fill the slope to the final three to one configuration. The exceptions to this rule is when the final slope of the mine is coincidental where the wetland. Here the side slopes will be mine at a three to one configuration, thus avoiding the filling of any wetland site. EXHIBIT E RECLAMATION PLAN The final reclamation of the 83rd Joint Venture Resource will be for a large lot residential PUD. Two lakes with reclaimed shorelines will be left for private recreational uses with a total water surface of 67 . 1 acres. The mining plan calls for progressive reclamation of the property. This technique will minimize the total amount of disturbed acreage at any one time during the operation. The Table of Disturbance shows a proposed maximum amount of disturbance of 24.4 acres at any one time during mining. There are some wetlands that will be excavated by the mining operation. Backfilling will cover no more than one acre total of wetlands area. Since this area will remain under one acre, this filling will fall under the Nationwide 404 Permit section 26 . The reclamation sequence for the property will be as follows: 1 . Rough grade the shorelines. 2 . Replace overburden and topsoil and grade out. 3 . Drill seed cover crop in spring and seed permanent grass into mown stubble, - or - 4 . Drill seed permanent grass in fall and cover with mulch and crimp down. 5. Reseed grasses where necessary. Replacement of overburden and topsoil will be done in phases as outlined. The replacement will allow for material stripped from the next phase of mining to be replaced in the previously completed phase. This will minimize material handling and disturbance of stockpiled overburden and topsoil. The proposed post mining land use is compatible with surrounding land uses. Historically the area is zoned for agriculture, but now has many gravel quarries and residential subdivisions. The proposed reclamation plan meets the requirements of Rule 6 in the MLRD regulations as follows; E-1 Grading Grading will be done to provide stabilized shorelines around the lakes. All backfilling will be done with native overburden and topsoil. There are no known toxic materials in the proposed backfill and as such will not cause groundwater contamination. The grading will be done to control erosion. Final grading and reseeding will be done as soon as possible after grading and topsoiling have been done. All backfilling will be completed in phases after mining is completed. No acid forming materials, refuse, or toxic producing materials are known to exist in the area and will not be used for reclamation. Any materials of this nature found during the mining operation will be disposed of according to applicable laws. There are no drill or auger holes associated with this mining operation. All slopes created by the mining operation will be no greater than 3H: 1V. There will be no swimming beaches created by this reclamation plan. Water 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. There are no anticipated requirements for this type of activity. Wildlife The proposed reclamation plan does not propose to create wildlife habitat. There are no known endangered species in the area. 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. They are expected to re- establish with no difficulty after mining and reclamation has been completed. E-2 Topsoilinq All topsoil in each phase will be stripped prior to mining and stockpiled. Stockpiles which remain in place longer than one growing season will be seeded with a fast growing cover to minimize erosion. Handling of topsoil will be minimized by efficient sequencing of mining and reclamation through phases. After mining has passed through an area, non-marketable material and overburden will be replaced at an even depth of 6 to 9 inches along the shorelines and graded. Soil amendments are not proposed due to the organic nature of this topsoil. However, if they are determined necessary by the SCS they will be used to enhance plant growth. Revegetation The reclamation plan will revegetate all disturbed areas with appropriate seed mixes to minimize erosion, re-establish natural terrain, and create useable residential lots. Reseeding of the property will be done after topsoil is replaced in accordance with accepted planting practices. All grass seeds will be planted with a grass drill equipped with depth bands and press wheels. Seeds will be planted approximately one-half inch deep and will be drilled between November 1 and April 1 . The grass seed mix includes drought resistant varieties and will be planted either in early spring or fall to insure germination. Grasses planted in early spring should be warm season cover crops. The permanent grass seed should then be drilled into the cover crop in early fall without additional tillage. Grasses planted in the early fall will be permanent grasses and covered with straw mulch at a rate of 4000 lbs. per acre immediately following seeding. The straw will then be crimped into the soil to control erosion until the grass becomes established. Seed rate mixes and ratios are listed on the table immediately following this discussion. This information was provided by the SCS. If a significant invasion of noxious weeds occurs, the area will be mowed periodically for control. Weeds will be mowed when they reach a height of 6 to 12 inches throughout 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. The property is not forested and will not require fire lanes. A minimum 25 foot setback will be maintained around the permit boundary which will allow access. E-3 Clusters of trees and shrubs will be planted on the property during reclamation. (Plant clusters will consist of five trees and ten shrubs each. ) The trees and shrubs to be used will be selected from the following lists: TREES SHRUBS Willow Winterfat Cottonwood Snowberry Hackberry Native Plum Honey Locust Sandcherry Russian Olive Rabbit Brush Eastern Red Cedar Siberian Peabush Rocky Mountain Juniper Tatarian Honeysuckle Ponderosa Pine Sumac Scotch Pine Lilac E-4 WEST GREELEY SOIL CONSERVATION DISTRICT 4302 WEST 9TH STREET ROAD GREELEY, COLORADO 80634 (303) 356-6506 =x x xx =x= =x=x===x=========x====xxxxxx= xxxxsxx-x March 18, 1992 Ms Pamela Acre Tuttle Applegate, Inc. RECEIVED 11990 Grant Street, *410 Denver, CO 80233 MAR 1 9 1992 SUBJECT: Site Review of Proposed Gravel Pit Dear Ma. Acre, Z have made a visit to the site and discussed my observations with USDA Soil Conservation Service staff. We have the following recommendations about the proposed expansion: Before mining begins the top 8-12 inches of soil should be removed and stockpiled for use in reclaiming the area. If the stockpile is to exist for more than one year it should be seeded to a cover crop to reduce wind erosion and prevent weed infestation. During reclamation all contours should be reshaped to maintain existing drainage patterns as much as possible. Slopes should be 4/1 or less. After reseeding, the area should be mulched with 3000-4000 lbs/acre of weed free native grass hay. This mulch should be crimped into place to a depth of 3-4". Seeding and crimping should be done on the contour. These practices will help reduce erosion while the grass is germinating. Finally, a thorough site review for cultural resources should be completed before mining begins. Enclosed you will find a site specific seeding recommendation which complies with USDA SCS standards and specifications for critical area treatments. Shrub and tree species appropriate for the site might be; Winterfat, Snowberry, Native Plum, Sandcherry, Willow, Cottonwood, Hackberry and Honey Locust. If I can be of any further assistance please contact me at 356-6506. Sincerely, n LAA7 Dwayne Ar. Newman Resource Conservationist Enc1:CO-ECS-5 cc:SCD File T c-•or•rri CO-_l':4.S-5 ( Computer Dr.;..).- 1...,..';•U ) PRODUCER: Ti le Applegate '•:tPASS SEED. ; RATE cr,l l ULA ..„" PLANNER: ( . wnia.n DATE: :.3/18/92 PART I SEEDING PLANNED CONTRACT OR AGREEMENT 4 :none Field No. : NLRA: G67 Acres: 1 .0 Irrigated: CIN No. : Dryland; * Pract. No. : 550 Range Site: Pract. Name: Range Seeding Seedbed Prep. Seedini_r Operation: Mc:r •:hod- Dates: Nov. 1. - Apr.:30 Appr,. Dates- Method- Drill- at-** Clean-tilled- Intermed•_. Farm Seedbed-*** Broadcast- Stubble- **•* Drill Type- Grass :Lnters€. ci-- Drill Spacing- 6-12" Other- Planting depth- 1/4-1/2" Fertilizer : Soil Test Weed Control : Pounds actinl per acre (avail. ) Dates: Late May _- June Nitrogen: as needed Mowing- -***• Phosphate: as needed CheiT,i.c.a1- PotaSSr:l.urri" as needed Tqpe and Amount- Mulch: Kind-- Native grass hay Amount- 3000 - 4000 ( lbsiac_) How Applied- spread How Anchored-crimped Anchor depth- 3 - 4 inches (7) SEEDING PLANNED: (7) (4) (5) (6) TOTAL PLS ( :l ) (2) PLS/ACRE ! OF PLS RATE PLANNED REQUIRED VARIETY SPECIES 0 1;7fCc1?i MIXTURE PER ACRE ACRES FOR SEEDING Arriba bit Western Whtc r. 16. n 45 7. 20 1 . 0 7. 2. Nirier'• Sideoats Grama 9. 0 10 0.90 1 .0 0. 9 Blackwell Switct•igrass 4. 5 15 0.68 1 . 0 0. 7 Saltalk Alkali Sacaton 1 .5 15 0'. .' 3 1 . 0 0. 2 Common Sr. Needlegrass 10.0 15 1. 50 1 . n 1 .5 100 10.50 10.5 REMARKS: Above rates are for drilled seeding. If broadcast, double amounts shown in coli..urin five (5 ) . I1' seed mixture is prc- -bl.enced, calibrate drill based on required • seeding rate for the dominant species in the mix. Rates shown are per acre. EXHIBIT G WATER INFORMATION Introduction The 83rd Joint Venture site is located in the lower Cache La Poudre River basin. The property is located in a valley fill deposit created by the river. The proposed operation will impact the surrounding area due to the mining operation and the proposed reclamation. However, these impacts are temporary, of minor consequence, and can be mitigated to not injure surrounding property owners. The proposed mining operation will create two lakes of 67 . 1 acres. The reclamation plan will leave unlined lakes that will be hydraulically connected to the alluvial aquifer. This reclamation will create an evaporative loss to the groundwater which is a consumptive use. The operator proposes to use existing water rights attached to the property as an augmentation source. The operator will obtain an approved augmentation plan through the Colorado Water Court system. This augmentation plan will mitigate any injury created by the reclamation. Surface Water The proposed operation is located in the lower part of the Cache La Poudre River basin. This basin is approximately 1,800 square miles in area and covers a major part of Larimer and Weld counties. There are approximately 250, 000 acres of irrigated lands upstream of the site and numerous diversions for municipal and industrial uses. There are five major reservoirs at the headwaters of the Poudre River. The average discharge at a gaging station located nearby in Greeley, Colorado indicates an average instantaneous flow of 132 cfs and an average annual basin yield of 95,630 acre-feet. The maximum discharge at the gage was recorded on June 14, 1983 at a peak of 6, 360 cfs. The minimum discharge was recorded on October 3, 1946 at 0.8 cfs. In summary, this river is one of the most controlled and used rivers in the United States. By the time it gets to the proposed mining site, it has been tremendously altered from historic (pre- settlement) conditions. G-1 Groundwater The proposed operation is located in the shallow alluvial sands and gravel of the Poudre River. This aquifer consists of clays, silts, sands, and gravel that have been washed downstream from the Poudre headwaters. These deposits are listed by the USGS as Pleistocene and Holocene in age. Probable well yields from an unconsolidated alluvial aquifer in this area are estimated to be less than 500 gpm by the USGS. The depth to the water table is estimated to be less than five feet on this property under average conditions. The property will be mined as a dry mine. This requires dewatering the aquifer at the mine site through the use of dewatering pumps. The proposed dewatering operations will create a cone of depression in the groundwater table which could impact nearby owners of shallow alluvial wells. Figure G-1 shows the location of all permitted and decreed groundwater wells in the area within a 4, 000 foot radius of the property. No wells are shown to the north of the Cache La Poudre River. The river will form a hydraulic barrier to any drawdown and thus prevent injury to wells on the north side. A pump test of the alluvial aquifer was done in Section 34 up- gradient of the proposed mining site. This test is shown in the Colorado Groundwater Circular No. 11 published by the Colorado Water Conservation Board in 1965. The results of this test show a yield of 460 gpm. The permeability of the well was measured at 3, 100 gpd per square foot and the transmissivity was estimated to be 120, 000 gpd per foot. The results of this test are considered to be representative of most wells in the area. The area surrounding the mining site is geologically complex. The Laramie-Fox Hills Aquifer ends within a few miles of the site. However, the USGS has identified both the Laramie and Fox Hills sandstone formations to the north. This would indicate the alluvial aquifer in this area is underlain with this formation. The Lone Tree terrace deposit also comes in from the north and joins in this vicinity. Existing mining operations in the area have identified a thick clay layer that separates the alluvial aquifer from these other formations. In some locations upstream of this site, there have been reports of a secondary alluvial deposit that underlies the alluvium and the clay seam. This may be a part of the Lone Tree deposit. G-2 A major portion of the recharge to the groundwater table in this area comes from irrigation return flows. Almost the entire flow of the Poudre River consists of return flows during the irrigation season. The groundwater is of poor quality with high nitrates and possibly pesticides from agriculture and municipal sources. The dewatering operation will lower the groundwater table by 12 to 15 feet at the pit. The State Engineer's tabulation indicates there are permitted wells in the southeast and southwest corners of the project. This could potentially place wells within a few hundred feet of mining. The cone of depression should cause a lowering of the groundwater table in the range of 8 to 12 feet at this distance. The depth of the aquifer ranges between 15 to 30 feet in this area. The wells are generally drilled to this depth, although the permit records indicate very shallow wells also exist. These wells, if they are currently being used, will almost certainly be impacted. However, the proposed monitoring and mitigation plan proposed will adequately protect the interests of these well owners. Water Rights The operator holds 240 shares in the Boyd and Freeman Ditch which is located on the property (See Exhibit C) . This ditch is also held by the Western Mobile Companies on their adjacent mining properties. A total of 993 shares of stock exist for this ditch company. The ditch historically irrigated approximately 80 acres of crop lands on the proposed mining site. Present information indicates that irrigated pasture and haylands were the primary use of the property. The annual consumptive use of this crop would be approximately 1. 7 acre-feet per acre. This would give a consumptive use of 136 acre-feet available for the historically irrigated lands. This amount may change depending on the final decree of the water court. The following consumptive uses are estimated for the mining and reclamation of this project: Wash Water The plant that will operate will have a capacity to pump 1500 gpm for wash waters. These wash waters will be used to remove -200 fines and will be recycled through settling ponds. The majority of the losses are incurred in the residual moisture left in the material once it is stockpiled. G-3 Wash water losses will be incurred from the evaporative losses in the plant and the sediment ponds. There will be three cells to the ponds with a total exposed acreage of approximately 0.7 acres. The net evaporation from the ponds would require 2 .5 acre-feet of replacement water. Minor losses through the plant that did not recharge the groundwater would probably account for an additional 0 .5 acre-feet which would increase total wash water consumptive use to 3 . 0 acre-feet. Dust Control There are approximately 1, 950 linear feet of haul road that will be constructed on the property. This road will be watered during the spring, summer, and fall seasons when required as part of the Colorado Department of Health APEN. It is estimated the road will be watered approximately two times per day on the average using a water truck with spray heads. The application rate is approximately 1/8 inch per square foot. This equates to 0. 02 acre-feet per day for a 24 foot wide road of this length. The average season will be approximately 140 days per year. The estimated total water consumption for dust control is calculated to be 3. 1 acre-feet per year. Moisture Loss in Materials The proposed mining operation will excavate at a maximum between 200, 000 to 300, 000 tons of material per year. The average material moisture content for stockpiles has been calculated to be 4% from a City and County of Denver study. This study has been used in the approval of mining permits in the past across the state and is assumed to be reasonable. If the maximum amount of material is moved, a 4% water content equates to 8.83 acre-feet. Evaporative Loss from Lakes The net evaporative loss for a reservoir located in the Greeley area would be in the range of 2 .5 acre-feet per acre. Assuming minimal credit for historic consumptive use of vegetation, this would equate to allowing 54 acres of lake surface to be exposed. At present, the operator is planning on a project larger than this size which indicates that at the end of mining additional water for covering evaporative uses is needed. The evaporative loss from the reservoir would only occur after the project has been mined, reclamation has been completed, and the dewatering activities have been suspended. Therefore, these evaporative losses will not be incurred during mining. The owner has committed to acquiring additional rights to cover any lake exposure proposed that is larger than 54 acres. G-4 It is proposed at present the water rights be allowed as sufficient for the 54 acre project and a stipulation placed on the mining that a lake surface greater than 54 acres cannot be exposed until the operator provides proof of additional water rights to cover the mining. The permit is binding on an operator to comply with Colorado Water Law so this should provide adequate protection to the State. There will be some slight evaporative losses incurred from the dewatering trenches. This amount is less than one acre-foot and will be covered in the dewatering well permits that have to be obtained from the State Engineer's Office. In summary, the total consumptive use losses during mining will be 14 . 9 acre-feet per year and the post reclamation consumptive uses will be approximately 167 . 8 acre-feet. Stormwater Runoff The majority of contaminants that occur from a sand and gravel mine are either sediment, oil or grease. The proposed mining operation will use the following measures to protect the area from pollution due to stormwater runoff. Topsoil and overburden stockpiles will be located in general alignment with the Poudre River to minimize erosion during a major flood. Small erosion control ditches will be carved around each stockpile to contain any minor erosion that may occur. Straw bales will be staked in minor swales that outlet from the property to any drainage ways. Internal drainage from the property will be routed to the open pit and the dewatering trenches. This water will then run through the dewatering pumps to sediment control ponds and finally will be discharged to the Poudre River. Oil and grease occurs mostly from equipment stored on site and fuel storage. The operator will have an approved materials containment plan in place for all above ground storage of fuels. No underground storage of fuel is planned. In addition, equipment will be stored in a maintenance yard. Oil and grease will be controlled through maintenance of equipment, and the use of drip pans for oil leaks prior to repair. Discharges from the property are required to meet the standards of the NPDES permit. All waste oil will be hauled from the property and disposed of at licensed facilities. G-5 Wetlands The property has been walked and mapped by a qualified wetlands technician. The results of this mapping have defined four specific types of wetlands that would be classified as jurisdictional wetlands using present criteria. This is not to say the criteria did not change during the preparation of this report. However, assuming nothing has happened in the past week, there is an area of an intermittent creek and three areas of depressions. The proposed mining plan calls for filling a total of 0. 91 acres of wetlands which should meet the requirements of a Nationwide 26 permit. The operator will obtain any necessary permits from the Corps of Engineers prior to beginning mining. Point of Compliance The proposed mining operation is a standard sand and gravel operation which does not propose any exotic mining methods or processes. There is a minimal probability that any of the proposed operations would cause any pollution of the groundwater. The water quality of the aquifer does not currently meet drinking water standards, based on past tests run by the USGS. Therefore, the operator does not propose to do any water quality monitoring. No point of compliance should be required for this project. Monitoring of Impacts to Well Owners The proposed operation will have monitoring wells located on the site to determine the drawdown of the water table at the property line. These wells are primarily located along the south line of the property where impacts should be greatest. Gravel mining is currently being done between the operation and the Poudre River. This area is already dewatered and will not be impacted by the mining. The monitoring wells will be two inch slotted PVC pipe specifically designed for monitoring applications. It will be installed to a depth at least as great as the mining in the area. Readings will be taken on a bi-monthly basis (twice per month) prior to mining starting. Once mining has started, the readings will continue at this rate for a period at least six months past the start of dewatering. Additional readings will be taken at the well heads of landowners that give permission to 83rd Joint Venture for measuring water levels. If the drawdown is not severe enough to cause well owners problems, then readings will be reduced to once per month. All readings will be submitted as part of the annual report to the MLRD. G-6 If monitoring indicates that well owners are being damaged, then the operator will begin measures as described in the mitigation section of this exhibit. Mitigation of Impacts to Well Owners The proposed operation may impact some well owners in the area during the mining. The operator proposes to implement the following program of monitoring and mitigation to protect adjacent well owners. 1. A series of five monitoring wells will be installed prior to excavation beginning on the site. Groundwater levels in the area will be read on a bi-monthly basis for the first six months. If water levels appear to be stable, then readings will be reduced to once a month. 2 . Adjacent well owners will be notified of the proposed mining operation and permission will be requested to allow the operator to measure water levels at these wells. 3. Once mining and dewatering has started, groundwater levels are expected to drop. If the monitoring program indicates the levels are dropping such that well owners may be injured, the operator will begin to implement the following series of measures. a. Construct recharge ponds at strategic locations to begin aquifer recharge. b. Modify existing wells to operate under lower groundwater conditions. This would include re-drilling existing wells to deeper depths or lowering the pumps. All work would be done at the operator's expense with the exception of replacing equipment that was non-functional prior to mining. c. If existing wells cannot be repaired, then the operator will drill a new well for the owner to replace the damaged well. The new well will have to produce water of the same quantity and quality. If a well has not been put to beneficial use prior to mining, the operator should have no responsibility to provide mitigation. G-7 0 cT I0 r•.,,• - . • �, ' - ';�•aa�iau�p�•uarnnr•nn moon �ra�.,'� ,i (p l / W o i M �; - ,r�AA�4 T ,I ,{�, O 1• 4�` M O O �I X040 ^ Q o .... ....,_ ;,...„, .. u , E g\_ �, 2 _ • • Q �C z o _ . :H./ ... ...ye.........-,;,. - O ~1.,_, ° : p W 4+ ;gy m OPC) ). O ° ♦♦ O '') '' : 1 a/Y (/l��)♦♦♦ Q V y o J ♦ N 1 a A o al c o ,o r ..c.14/1/ _ A O �O ♦ S ti, - L ,O � •:k .� V I - W V 3 ♦ ♦ N J • J f /VmonwavoinomeNsk: - ‘, r / O Y Q' 1.O v O� > M° / .' . , •3Ad HI9 - .. ' O4-W D D /'� T // ' r • i 71 Ji__1 :li;O i d .4: t',Nik:O-''.-',.:1-:-'::::7,-..:.:.'.::"...t - _IL_ I, ,�. 4 �—% 11// oar a ,NA. ' i1, I' ��— � a _. I - =� co 1 •' .I) , ()_,,,,,:- ..1 _, ! 1 ' I I -, ��/.................... w;: lf) , z �O � g :it, '-,:,:h .-, /' h J F t E1 / 5 . 1 Q aP O N 7I -,..--4,..-..-_,,,,.. t `v. . i• 1 Ixwer.•.. it:"'''; , - y .$` I -- ---_ - -- ._ _r._ --�..� I 11� TI .g� �k 1� II ii1 I 1 Q` I • •1 a T v`- 3AV H1Lti \ . O a "'0 all, g,c) `f •Zo ---/\—d' -�._J z it '�Cr m 1n,. 1 `� µyµ° /,,, 2 _.41 ..e. , e O ...... g7' �— d O X69/ nil ' Os�a c Q cc O71 �, zz� / 1-___ ____.---2.7, ----- ( g �� U • J BESTWAY ASPHALT COMPANY 09-Jun-92 83rd JOINT VENTURE prepared by: TUTTLE APPLEGATE, INC. TABULATION OF PERMITTED AND DECREED WATER WELLS TOTAL DEPTH TO WELL PERMIT SECTION 40 ACRE DEPTH WATER YIELD NO. WELL NAME NO. PARCEL NO (FT) (FT) (GPM) 35668 DONALD HARSH 1 1 20 6 20.0 9870 ADOLPH SCHAFER 1 2 123 5 1 .0 14391 ALVIN KRAUSE 1 2 29 8 16.0 15830 ALVIN KRAUSE 1 2 90 8 3.0 122954 TERRY AND JUDITH KIEFER 1 2 42 9 30.0 39147F VILLA WEST MOBILE ESTATES 1 3 28 9 30.0 39148F VILLA WEST MOBILE ESTATES 1 3 28 9 30.0 91222VE VILLA WEST MOBILE ESTATES 1 3 91223VE VILLA WEST MOBILE ESTATES 1 3 48187 SHOPE AND ROBERTS RENTALS 1 3 21 6 15.0 48188 BROOKS WELL 2 1 3 30.0 48188 SHOPE AND ROBERTS RENTALS 1 3 23 6 15.0 14463R ANNA AND WAYNE RUYLE 1 4 13 400.0 14464R ANNA AND WAYNE RUYLE 1 4 37 27 300.0 14465R ANNA AND WAYNE RUYLE 1 4 41 5 400.0 97835 R.W. BABCOCK 1 5 50 25 15.0 6065R ORMAN RUYLE 2 4 22 10 600.0 43419 DICK WESER 2 7 40 33 5.0 862AD HERTZKE FARMS CO. 3 4 WESTERN MOBILE GRAVEL PIT 34 1 75772 ROBERT DREWER 34 1 47 5 15.0 43620 OSTRANDER WELL 34 8 24.7 43620 THOMAS AND MARY L. STEVENS 34 8 33 8 24.0 35908 CANZONA E HOUSE 34 9 12. 1 35908 DORIS HANKS/SHERRY LIZOTTE 34 9 35 8 16.0 126952 CANZONA W HOUSE 34 9 12. 1 126952 DORIS HANKS 34 9 35 12.0 132840 BEN AND TAMBOR WILLIAMS 34 10 30 5.0 118815 H DIETERLE 35 1 5846R HARRY DUVALL 35 5 49 6 1100.0 51654 ELMER D. ELLIOTT 35 9 52 7 15.0 105597 LAVERNE EVANS 35 9 30 9 25.0 470AD HARRY DUVALL 35 11 LARSON WELL 1 35 12 9.0 LARSON WELL 2 35 12 18.0 3597F OSCAR POERTNER 35 12 33 11 50.0 78370 GREELEY SAND AND GRAVEL 35 12 58 18 15.0 78858 WAYNE LARSON 35 12 37 17 15.0 13952R THEODORE PUTNAM 35 15 8 3 600.0 13952 PUTNAM WELL 1 35 15 500.0 5846R COWAN WELL NO. 5846R 35 16 1000.0 FLATIRON PAVING COMPANY OR 36 12261F FLATIRON PAVING COMPANY 36 1 61 10 150.0 BESTWAY ASPHALT COMPANY 09-Jun-92 83rd JOINT VENTURE prepared by: TUTTLE APPLEGATE, INC. TABULATION OF PERMITTED AND DECREED WATER WELLS TOTAL DEPTH TO WELL PERMIT SECTION 40 ACRE DEPTH WATER YIELD NO. WELL NAME NO. PARCEL NO (FT) (FT) (GPM) FLATIRON PAVING SUMP L-13 36 2 4160.0 13951R CHARLES PULLIAM 36 5 39 8 700.0 14514R ECHO FARMS INC. 36 5 42 6 400.0 14515R ECHO FARMS INC. 36 5 42 6 500.0 14514 FLATIRON PAVING WELL 20 36 5 155.0 14515 FLATIRON PAVING WELL 19 36 5 132.0 34280 MARY ANDRE 36 5 20 10 50.0 39822 JOHN OCHOA 36 5 23 4 20.0 40672 NEIL AND DOROTHY HARMER 36 5 21 6 50.0 122097 TIM THISSER 36 5 40 12 15.0 FLATIRON PAVING WELL 21 36 6 444.0 111958 C E ERICKSON 36 6 FLATIRON PAVING WELL 22 36 9 304.0 FLATIRON PAVING WELL 23 36 10 15.0 132400 RAMSEIER, MARJORIE 36 10 25 6 30.0 ALLISON WELL 1 36 11 30.0 25555 HAROLD ARMBRUSTER 36 11 24 7 24.0 34280 MARY ANDREE 36 11 40 11 35.0 REFER TO FIGURE G-1 FOR WELL LOCATIONS BY 40 ACRE PARCEL. PAOF 9 EXHIBIT H WILDLIFE INFORMATION Wildlife information has been requested from the Colorado Division of Wildlife. This information will be forwarded to MLRD when it becomes available. EXHIBIT I 51 26 co - I r _ \ • 27 52 v , a : 4] ., 23 24 32 51 31 i 5� 76 52 ' - - 51 24 ... 4 2 i ^ 33 41 42 '' r 53 82 51 r 1 5` 11 f 39 ➢, �� --1 ' �• T. co Y '� __ W r ` r` 16. i" '7. � + S" �..� 9♦ .�', :s�TwEpw ,/ �r yl �," 1.- IC tar 3 or_ ' IQ 3 z w 5 } ii 4 44t SITELOCATION % in •fl • 8'" °t r�A 27 ' 3 Twgq� Hwy Y 4. .. - • U NA .i y. xf `' ,y 5 : 3 : F STREET :4 101 a - - Y1. re 54 3y 3 52 53 5' W\ 6 ��.. .. T Q ° A J 52 68 0%°% Q` 51 a 50 52 1.. ��rc.,. . ° 51 51 °° 52, lD X X j FSi 52 _ f Lts.t 52 °° 51 � 76 2 g. 3 ',IC` F Z { 3 if 2 1 1. 51 •76 53 13 3 -.et r - t • * 3 52 ,. .r �52 13 52 r ..5 fy• 3• ;• X.4 L i{ • V tOi%<J:jg;: t. J:ø ' y I.s ,}, leNta 0 2000 ED CI 7'2000' N / SOILS MAP TUTTLE APPLECATE, INC. >._= Consultants Land L GAT Developtnant G= 11990 Grant Street, Suite 410 —= Denver, Colorado 80233 303)452-6611 WE. COUNTY, COLORADO, SOUTHERN PART 3—Aquolls and Aquents,_'gravelly substratum. This 41—Nunn clay loam, 0 to 1 percent slopes. This is a nearly level map unit is on bottom lands and flood plains deep, well drained soil on terraces and smooth plains at of all the major streams in the survey area. Aquolls, elevations of 4,550 to 5,150 feet. It formed in mixed allu- which have a dark colored surface layer, make up about vium and eolian deposits. Included in mapping are small, long and narrow areas of sand and gravel deposits and 60 percent of the unit. Aquents, which have a lighter small areas of soils that are subject to occasional flooding. colored surface layer, make up about 35 percent. About 5 Some small leveled areas are also included. percent is Aquepts and Bapoorly dradined sandy loam. Typically the surface layer of this Nunn soil is grayish These are m. No don sd picas that Cfoommonly in brown clay loam about 9 inches thick. The subsoil is light ils alluvium. tlone mildly is tyeic mom steel the brownish gray clay loam about 14 inches thick. The upper soils loamy a mottled, alkaline to andmo underlying ey al- part of the substratum is clay loam. The lower part to a kaline orare clayey surface layer depth of 60 inches is sandy loam. material and underlain by sand or sand and gravel Permeability is moderately slow. Available water within 48 inches. In places they have a gleyed layer in the capacity is high. The effective rooting depth is 60 inches underlying material.Most of the acreage is subject to flooding. The water or more. Surface runoff is slow, and the erosion hazard is low table is at or near the surface early in spring and recedes This soil is used almost entirely for irrigated crops. It to as deep as 48 inches late in fall in some years.These soils are used for rangeland and wildlife habitat. is suited to all crops commonly grown in the area, includ- ing corn, sugar beets, beans, alfalfa, small grain, potatoes, Some small areas have been reclaimed by major drainage and onions. An example of a suitable cropping system is 3 and leveling and are used for irrigated crops. to 4 years of alfalfa followed by corn, corn for silage, The potential native vegetation is dominated by alkali sugar beets, small grain, or beans. Few conservation prac- sedge, , agrass, and western wheatgrass. Saltgrarominess, tices are needed to maintain top yields. sedge, rush, and alkali bluegrass are also prominent. All methods of irrigation are suitable, but furrow ir- Potential production ranges from 3,000 pounds per acre in rigation is the most common. Barnyard manure and com- favorable years to 2,000 pounds in unfavorable years. As mercial fertilizer are needed for top yields. range condition deteriorates, the switchgrass, alkali Windbreaks and environmental plantings of trees and sacaton, and western wheatgrass decrease and saltgrass, shrubs commonly grown in the area are generally well sedge, and rush increase. suited to this soil. Cultivation to control competing Management of vegetation should be based on taking vegetation should be continued for as many years as half and leaving half of the total annual production. Seed- possible following planting. Trees that are best suited and ing is difficult and costly because numerous tillage prac- have good survival are Rocky Mountain juniper, eastern tices are required to eliminate the saltgrass sod. redcedar, ponderosa pine, Siberian elm, Russian-olive, and Switchgrass, western wheatgrass, alkali sacaton, tall hackberry. The shrubs best suited are skunkbush sumac, wheatgrass, and tall fescue are suitable for seeding. They lilac, Siberian peashrub, and American plum. can be seeded into a clean, firm seedbed. Seedbed Wildlife is an important secondary use of this soil. The preparation usually requires more than 1 year to cropland areas provide favorable habitat for ring-necked eliminate the saltgrass sod. A grass drill should be used. pheasant and mourning dove. Many nongame species can Seeding early in spring has proven most successful. be attracted by establishing areas for nesting and escape Wetland wildlife, especially waterfowl, utilize this unit. cover. For pheasants, undisturbed nesting cover is essen- The wetland plants provide nesting and protective cover, tial and should be included in plans for habitat develop as well as some food. The nearby irrigated cropland, ment, especially in areas of intensive agriculture. where wildlife obtain much of their food and find protec- This soil has fair to poor potential for urban develop- tive cover, makes this unit valuable to both wetland and med.moderatelyIthas omoderate a to high shrink ll,lowrst cll, low reate openland wildlife. slow ptohiy. These Openland wildlife, especially pheasant, use this unit for problems in dwelling and road construction. Those areas cover and nesting. Deer find excellent cover in some that have loam or sandy loam in the lower part of the substratum are suitable for septic tank absorption fields areas. and foundations. Some areas of this soil are adjacent to These valuable wildlife areas should be protected from fire and fenced to prevent encroachment and overuse by streams and are subject to occasional flooding. The poten- livestock. They should not be drained. tial is fair for such recreational development as camp and These soils have good potential as a source of sand and picnic areas and playgrounds. Capability class I irrigated. gravel. Capability subclass VIw; Salt Meadow range site. SOIL. SURVEY 54—Paoli loam, 0 to 1 percent slopes. This is a deep, well drained soil on terraces at elevations of 4,700 to 5,250 feet. It formed in alluvial deposits. Included in mapping are small areas of soils that have a loamy sand surface layer. Typically the surface layer is grayish brown loam and fine sandy loam about 25 inches thick. The underlying material to a depth of 60 inches is light brownish gray fine sandy loam. Permeability is moderate. Available water capacity is high. The effective rooting depth is 60 inches or more. Surface runoff is very slow, and the erosion hazard is low. This soil is used almost entirely for irrigated crops. It is suited to all crops commonly grown in the area, includ- ing corn, sugar beets, beans, alfalfa, small grain, potatoes, and onions. An example of a suitable cropping system is 3 to 4 years of alfalfa followed by corn, corn for silage, sugar beets, small grain, or beans. Such characteristics as the rapidly permeable substratum slightly restrict some crops. All methods of irrigation are suitable, but furrow ir- rigation is the most common. Proper irrigation water management is essential. Barnyard manure and commer- cial fertilizer are needed for top yields. Windbreaks and environmental plantings are generally suited to this soil. Soil blowing, the principal hazard in establishing trees and shrubs, can be controlled by cul-'I tivating only in the tree row and by leaving a strip of vegetation between the rows. Supplemental irrigation may be needed at the time of planting and during dry periods. Trees that are best suited and have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian-olive, and hackberry. The shrubs best suited are skunkbush sumac, lilac, and Siberi- an peashrub. Wildlife is an important secondary use of this soil. The cropland areas provide favorable habitat for ring-necked pheasant and mourning dove. Many nongame species can be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essen- tial and should be included in plans for habitat develop- ment,especially in areas of intensive agriculture. In areas protected from flooding, this soil has good potential for urban and recreational development. The chief limiting feature is the rapid permeability in the sub- stratum, which causes a hazard of round water con- tamination from sewage lagoons. Road designs should be modified to compensate for the moderate frost potential. Lawns, shrubs, and trees grow well. Capability subclass Its irrigated. EXHIBIT J VEGATATION INFORMATION This property is currently being used for pastureland. Irrigation ditches and stock watering ponds have created some wetland areas. Plants associated with these areas include, cattail, camary grass and various species of rushes and bulrushes. Very little treecover exists on the site with the predominate species being cottonwoods. Reclamation plans call for more trees and shrubs than currently exist on the property. EXHIBIT J VEGATATION INFORMATION This property is currently being used for pastureland. Irrigation ditches and stock watering ponds have created some wetland areas. Plants associated with these areas include, cattail, camary grass and various species of rushes and bulrushes. Very little treecover exists on the site with the predominate species being cottonwoods. Reclamation plans call for more trees and shrubs than currently exist on the property. EXHIBIT K I '; CLIMATOLOGY REPORT NO. 77- I GREELEY 05 3546 4 COLORADO CLIMATOLOGY OFFICE COLORADO STATE UNIVERSITY FT. COLLINS, CO. 90523 TEMPERATURE I F1 PRECIPITATION (INCHES; 7LApa EATRDr5 — Iii:N:, or DAYS S1:C::, SLEET 19E41. 7.: sr :A75 HA, MIN4.4 Est ID �' 0O or a a % 00 hi co a aa- a- a- a a ffu a oy 'o a yz� a as a u g'W uu Y t O6 oa ai Cr ti ax it o WO ) O ow 60 NW aW ]c 50 ≥ o V io i o oC M:Z -7t JAN 59.: 9.9 23.9 67. 1953 12 -30. 1962 II 0.0 9.4 31.0 7.3 .27 .35 1962 9 3.0 9. 1956 3: 1.0 0.0 0.7, 7 9 43.7 14.7 29.2 75. 7954 9 -39. 1057 1 0.0 5.4 27.9 2.6 .29 .42 1959 II 3.1 6. 79CC 29 ..1 0.0 0.0 MAR 19.1 2:.9 35.C 90. 1963 20 -16. 1060 3 0.0 3.7 20.5 I./ .71 .93 1961 29 11.5 19. 1959 26 7.9 .2 0.C I APR 60.9 32.3 46.6 95. 1960 22 0. 1957 9 0.0 .6 15.1 .1 1.06 1.50 1957 2 3.3 IA. 1053 12 2.3 .3 .2 MAY 72.2 15.1 57.9 95. 1954 21 25. 1054 2 .0 .1 1.9 0.0 2.37 1.10 1064 30 0.0 0. 0 0 4.7 1.5 .4 JUN 62.7 52.: 67.4 106. 1954 24 32. 7954 5 9.1 0.0 .I 0.0 1.71 2.69 1062 30 0.0 0. 0 0 3.9 1.0 .5 1 JUL 99.9 57.3 73.6 7C5. 7954 71 40. 1952 0 19.4 0.0 0.0 0.0 1.30 1.31 1961 I 0.0 0. 0 0 3.0 .7 .2 AUO 96.7 54.7 70.7 100. 7955 1 39. 1964 29 11.5 0.0 0.0 0.0 7.33 1.93 1963 10 0.0 0. 0 0 3.2 .5 .1 SEP 79.1 44.6 61.4 99. 1054 1 26. 1065 19 3.6 0.0 1.6 0.0 1.25 1.60 1965 21 .5 0. 0 0 3.2 1.0 .2 1 OCT 67.6 33.1 5L4 99. 1953 2 13. 1054 31 0.C .1 14.4 0.0 .75 .94 1060 19 .1 2. 1951 6 2.1 .5 0.0 NCI( 5:.1 2:.2 35.2 77. 1965 1 -19. 1952 27 0.0 3.6 20.2 .9 .39 .49 1955 11 3.2 10. 1956 20 1.5 0.0 0.0 DEC 42.1 13.1 27.6 6G. 7964 24 -19. 7954 29 0.0 6.7 30.9 2.9 .29 .59 1959 12 3.0 72. 1956 13 1.0 .1 0.0 A1:7.AL 63.5 32.9 49.2 45. 29. 191. 15. 11.7 27. 20. 6. 2. PRECIPITATION WITH PROH4BILITY EQUAL OR LESS THAN PROB. LEVEL JAN FEB MAR APR MAY JUN JUL AUG SEP OCT 60V DEC ANNUAL .05 0.00 0.00 .10 .10 .44 .3? .77P .l4 0.00 0.00 0.00 0.00 6.91 .10 .04 .15 .1H .66 .47 .2P .24 ,U9 .05 0.00 07 7.77 • 0 ..09 74 .!0 ..26 35 .32 1.00 .72 .47 .42 .29 . .13 .OS 8,92 1.32 .96 .65 .61 .69 .28 41 .21 .09 9.81 62 .00 .18 .24 .46 .63 1.65 .19 .84 .N .69 .41 .28 .79 1062 .23 .27 .57 .81 2.00 I n4 105 1.03 .92 .55 .34 9 11.42 .60 .28 .3) T 1.03 2.41 1.73 1.29 1.29 1.20 .71 .42 . 6 12.26 70 .34 35 .09 1.39 2.49 2.00 1.59 1.52 1.55 .92 .50 .35 13.19 .80 .43 .40 .09 1.67 3.53 2.54 1,99 2.A6 2.03 7l .61 .47 ♦.35 90 5 .48 .45 2.28 4.57 3.29 2.55 2.90 2.64 3.10 .95 .70 .55 80 2.58 5.55 3,99 3.28 3.52 3.63 2.18 .95 .B9 7.57 A PHA 1.82 6,84 1.63 1.33 2.09 2.10 1.65 1.41 1.25 1.24 2.54 1.02 12.54 BETA .16 .06 .44 .80 1.14 .R2 .79 .94 1.07 .64 .17 .30 .91 0 .06 .06 000 000 0.00 0.00 0.00 000 .06 .06 .13 .06 0.00 HUED GAHHA CISTR1RDTION Fa,4TTEIf TO DATA .I ALPHA* SHAPE PARAMETER ET4z Sr4LE PARAMETER 04 NO. or MONTHS HAV19r 2EP0 PREC:P:TAT!)\/T,LA4 NO. Or Hn..._, MEDIAN PRECIPITATION AMOUNTS ARE INDIC:TLL AT THE .SD PROd4d1L1TY LEVEL Ii . ti t EXHIBIT L RECLAMATION COSTS As mentioned in Exhibit D, only a portion of the site is disturbed at any time due to mining in phases and concurrent reclamation. In fact, this mining plan is designed so materials will only be handled once in the creation of backfilled slopes and land for later residential development. In order to calculate the reclamation costs at any given time, we have selected the largest two mining phases, Phases 2 and 3, so the disturbance will be maximized. If an operator default occurs, the dewatering pumps will be turned off and the pit will fill with groundwater. Therefore, any disturbed ground below the final lake elevation is not included in this cost estimate. MAJOR DISTURBANCE UNIT TOTAL NO. ITEM OUANTITY UNITS PRICE PRICE 1. Backfill Phase 3, shoreline to 3: 1 22 ,375 CY $ 1. 00 $22 ,375 2 . Topsoil Phase 3, shoreline 1,650 CY $ 1 .00 $ 1, 650 3 . Distribute Phase 8, top- soil and overburden stockpile to Phase 3 fill area 3,000 CY $ 1 .00 $ 3,0O0 4 . Replace overburden on Phase 4 , strip 3,225 CY $ 1 .00 $ 3,225 5. Replace topsoil on Phase 4, strip 1,613 CY $ 1. 00 $ 1,613 6 . Seed, fertilize, mulch 10 AC $500.00 $ 5,000 7 . Plant trees 10 EA $ 40.00 $ 400 8. Plant shrubs 20 EA S 25.00 $ 500 TOTAL $37,763 L-1 Notes/Descriptions At the end of mining - 50% of Phase 3 1 . Outside shoreline is not backfilled = 1,825 feet times slope. Cross-sectional area of 331 square feet = 22,375 CY of fill. 2 . 1, 825 feet of shoreline at 37 feet wide and 0.66 feet depth = 16,510 CY 3 . Re-distribute overburden and topsoil from three Phase 8 stockpiles = 3, 000 CY 4 . Replace one foot of overburden on two acres = 3,225 CY 5 . Replace 0.5 foot of topsoil on two acres = 1, 613 CY 6 . 5.5 acres of fill plus two acres of strip plus 1 .5 acres of shoreline plus one acre of Phase 8 stockpiles = 10 acres MODERATE DISTURBANCE UNIT TOTAL NO. ITEM OUANTITY UNITS PRICE PRICE 9. Scarify Plant Site 3 3. 6 AC $725.00 $ 2, 610 10 . Distribute topsoil on Plant Site 3 2900 CY $ 1.00 $ 2, 900 11 . Scarify haul road 0.8 AC $725.00 $ 580 12 . Distribute topsoil on haul road 645 CY $ 1.00 $ 645 13 . Distribute topsoil on Phase 2 shoreline above water level 890 CY $ 1. 00 $ 890 14. Seed, fertilize, mulch 5.5 AC $500. 00 $ 2,750 15 . Plant trees 10 EA $ 40.00 $ 400 16 . Plant shrubs 20 EA $ 25.00 $ 500 TOTAL $11,275 L-2 Notes/Descriptions 10. 0 .5 feet of topsoil over 3 .6 acres = 2,900 CY 12 . 0.5 feet of topsoil over 0. 8 acres = 645 CY 13. 1 . 1 feet of topsoil over 1 . 1 acres = 890 CY 14 . 5. 5 acres of moderate disturbance MINOR DISTURBANCE UNIT TOTAL NO. ITEM OUANTITY UNITS PRICE PRICE 17 . Seed, fertilize, mulch 1.7 AC $500.00 $ 850 18 . Plant trees 10 EA $ 40.00 $ 400 19 . Plant shrubs 20 EA $ 25 .00 $ 500 20. Reseed 25% of area 3.5 AC 5500. 00 S 1. 750 TOTAL $ 3,500 Notes/Description 17 . 1 . 7 acres in Phase 1 which is ready to seed 20 . Assume that 20% of seeded will not germinate and must be reseeded. 17 .2 acres times 20% = 3.5 acres L-3 SUMMARY OF RECLAMATION COSTS Major Disturbance $37, 763 Moderate Disturbance $11,275 Minor Disturbance $ 3. 500 SUBTOTAL $52,538 Administration Fee ( 15.8% ) $ 8,301 TOTAL RECLAMATION COSTS $60,839 Reclamation Bond $60,850 Bonded cost per acre at 24 .4 acres $ 2,493 L-4 EXHIBIT N OTHER PERMITS AND LICENSES The following permits are also required for the proposed operation: APEN NPDES EPA Stormwater Discharge Permit Weld County Use by Special Review Permit We are currently in the process of applying for these permits and will submit the approved permits when they become available. FRG JUN 0, ..e_ 7,FE N1 F . Dca EXHIBIT O June 8, 1992 83rd Joint Venture P 0 Box 3178 Greeley, Co 80633 To whom it may concern: By this letter, 83rd Joint Venture, a Colorado joint venture, grants to Best-Way Paving Company the legal right to enter and to extract, process and remove minerals including sand and gravel from the 124 acre property generally located at 4503 F Street in Weld County,Colorado. Signed: 83rd JOINT VENTURE Carl " Hill 83rdENTER.ltr • • r`t OWNER'S POLICY OF TITLE INSURANCE ISSUED BY TRANSAMERICA TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS,TRANSAMERICA TITLE INSURANCE COMPANY,a California corporation,herein called the Compa- ny,insures,as of Date of Policy shown in Schedule A,against loss or damage,not exceeding the Amount of Insurance stated in Schedule A,sustained or incurred by the insured by reason of: I. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs,attorneys'fees and expenses incurred in defense of the title,as insured,but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF,TRANSAMERICA TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers,the Policy to become valid when countersigned by an authorized officer or agent of the Company. TRANSAMERICA TITLE INSURANCE COMPANY Bye, a gy; F�nm �t i ycovoeirra o Authorized Countersignature }E a President 644E 23, "N �J' Attest: nc j 4 . i A , Secretary EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or(iv)environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy, 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens,encumbrances,adverse claims or other matters: (a)created, suffered,assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy;or (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. • en American Land Title Association Owner's Policy (6-147) Face Page Valid Only If Schedule A, B and Cover Are Attached Form 1141-41 • TRANSAMERICA TITLE INSURANCE COMPANY POLICY OF TITLE INSURANCE SCHEDULE A Amount of Insurance: $ 151,000.00 Policy No. : 8030283 Date of Policy: January 7, 1992 at 7:00 A.M. 1. Name of Insured: 83rd Joint Venture, a Colordo Joint Venture 2 . The estate or interest in the land described herein and which is covered by this policy is: FEE SIMPLE 3 . The estate or interest referred to herein is at Date of Policy vested in: 83rd Joint Venture, a Colordo Joint Venture 4 . The land referred to in this Policy is described as follows: (SEE ATTACHED PAGE FOR LEGAL DESCRIPTION) TRANSAMERICA TITLE INSURANCE COMPANY Policy No. : 8030283 LEGAL DESCRIPTION That portion of Section 35, Township 6 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado, more particularly described as follows: Considering the West line of the SW1/4 of said Section as bearing South 1 degrees 09 minutes 16 seconds West with all bearings contained herein relative thereto. Beginning at the West Quarter corner of said Section 35; thence along the West line of said Section South 1 degree 09 minutes 16 seconds West 1038.27 feet to a point, said point bears North 1 degrees 09 minutes 16 seconds East 325. 00 feet from the Southwest corner of the N1/2 of the SW1/4 of said Section; thence parallel with the South line of the N1/2 of the SW1/4 of said Section South 89 degrees 31 minutes 58 seconds East 180. 00 feet; thence parallel with the West line of the SW1/4 of said Section South 1 degree 09 minutes 16 seconds West 325. 00 feet more or less to the South line of the N1/2 of the SW1/4 of said Section; 2thence long 571. 51a feet saidouth s 31 ofnthes 58 e n East SW /4ofsaid Section; thence along the South line of the N1/2 of the SE1/4 of said Section South 89 degrees 32 minutes 00 seconds East 1826. 66 feet more or less to the West line of that certain parcel of land described in Deed recorded in Book 1608 , Page 389 records of said County; 492.88 feetg more dore less st lto the ne tSouth h 0 eRight-of Riggrees 15 ht-of-Way 00 seconds East the Colorado Southern Railroad; thence along said Right-of-way North 72 degrees 22 minutes 19 seconds West 4765. 15 feet more or less to the West line of said Section; thence along said West line South 1 degree 12 minutes 33 seconds West 535.75 feet to the point of beginning. Page 2 EXHIBIT P OWNERS OF RECORD OF AFFECTED LANDS AND OWNERS OF SUBSTANCE TO BE MINED 83rd Avenue Joint Venture Carl Hill, Jr. P. 0. Box 3178 Greeley, CO 80633 EXHIBIT Q MUNICIPALITIES WITHIN TWO MILES City of Greeley 1000 Tenth Street Greeley, CO 80631 COLORADO HISTORICAL SOCIETY Office of Archaeology and Historic Preservation 1300 Broadway Denver, Colorado 80203 RECEIVED Pamela E. Acre 11990 Grant Street #410 FEB 2 4 1992 Denver, CO 80233 2/20/1992 At your request, the office of Archaeology and Historic Preservation has conducted a search of the Colorado Inventory of Cultural Resources for the following locations: PM TOWNSHIP RANGE SECTION 6TH 6N 66W 35 SW; SE as located on map. No site(s) or survey(s) were located in the designated area(s) . If information on sites in the project area was found, detailed information follows the summary. If no sites or districts were found, but surveys are known to have been conducted in the project area, survey information follows the summary. We do not have complete information on surveys conducted in Colorado, and our site files cannot be considered complete because most of the state has not been surveyed for cultural resources. There is the possibility that as yet unidentified cultural resources exist within the proposed impact area. Therefore, in the event there is Federal or State involvement, we recommend that a professional survey be conducted to identify any cultural resources in the project area which are eligible to be listed in the National Register of Historic Places. We look forward to consulting with you regarding the effect of the proposed project on any eligible cultural resource in accordance with the Advisory Council on Historic Preservation Procedures and the Preservation and Protection of Historic and Cultural Resources (36 CFR 800) . Please provide this office with the results of the cultural resource survey for our review of professional adequacy and compliance with regulations. If you have any questions, please contact the Office of Archaeology and Historic Preservation at (303) 866-3395 or 3392. Thank you for your interest in Colorado's cultural heritage. Susan M. Collins Deputy State Historic Preservation Officer for Archaeology * Information regarding significant archaeological resources is excluded from the Freedom of Information Act. Therefore, legal locations of these resources must not be included in documents for public distribution. P 992 068 347 I P 992 066 P46 Receipt for Receipt for Certified Mail Certified Mail No Insurance Coverage Provided Allairm No Insurance Coverage Provided UPCIDSTATCS Do not use for International Mail Do not use for International Mail POSTAYSEPVICE (See Reverse) rte.say. (See Reverse) ;ent tVp5 6(\eel-e9 �TO tree an. No. ' I^ '• SLt 1 e�C5--F. !2`SL !TVA nue ( - `.1 ` ef.(Sta-and ZIP code/ �0 $t 9e7 ?PiCpae ( 0 Ull]03S1 Postage $ Postage $Sz Certified Fee ` lJ__/"•�"� Certified Fee / £ O Special Delivery Fee _ Special Delivery Fee Restricted Delivery Fee Restricted Delivery Fee Return Receipt Showing Gp, N Return Receipt Showing j,. W to Whom&Date Deliveretl IIJJ pp to Whom&Date owing Delivered / l.1 Return Receipt Showing to Whom, g Return Receipt Showing to Whom, mscDate,and Addressee's Address C Date,and Receipt Addre Address toWhom, n TOTAL Postage 't TOTAL Postage o • &Fees ' "0 &Fees �� 0 Postmark or Date Postmark or Date EE E 0 E K —�� cn s. �z ��o �8 i2 (�'�Q� J Hello