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HomeMy WebLinkAbout931108.tiff STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY pF Cp�O. Department of Natural Resources ),. r2 fiST0, 0 1313 Sherman St, Room 215 *� . */** Denver,CO 80203 (,� i_,_.. , " 995"- Phone'.(303)866-3567 FAX:(303)832-8106 Roy Romer Governor Michael B.Long Division Director Notice of 112 Regular Reclamation Permit Application Consideration DATE: February 16, 1993 TO: Weld County Board of Commissioners 915 10th Street Gr .e1310A 80632 FROM: Car Mount, Senior Reclamation Specialist RE: Sterling Ready Mix Concrete Inc. , Orchard Pit, File No. M-93-009 Please be advised that Sterling Ready Mix Concrete Inc. , whose address and telephone number are P.O. Box 1149, Sterling, CO 80751 , (303) 522-6500, has filed an application to conduct surface mining and reclamation, at or near Section 23, Township 4N, Range 61W, 6th Prime Meridian in Weld County. The application decision is scheduled for May 17, 1993. Copies of the application are available for review at the Weld County Clerk & Recorder' s office and at the office of the Division of Minerals and Geology, Room 215, 1313 Sherman Street, Denver, Colorado 80203. All comments or objections must be submitted in writing and received by the Division no later than 20 days after the date of last publication in order to be considered in the application review process . CBM/BDC/ern 2319G PlIZA°) PL0893 1 a e ttuk) 931108 5d41L1 tinaLb C OOrtle c i.F a,c c"o fl STERLING READY-MIX CONCRETE COMPANY Orchard Pit Weld County, Colorado February, 1993 APPLICATION FOR A MINED LAND RECLAMATION PERMIT PREPARED BY _ ENVIRONMENT, INC. 7985 VANCE DR., #205A Arvada, Colorado 80004 (303) 423-7297 REGULAR OPERATION (112) RECLAMATION PERMIT APPLICATION FORM Mgt Og: _CX— New Application (Rule 2) _ Amendment Application (Rule 1 .8) Conversion Application (Rule 1 .10) This 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) signeil copies of the signed application form, Five Copies of Exhibits A—S, and a check for the application fee described under (3) below. To expedite processing, please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or Print clearly, in the apace provided, all information described below. — 1 . Applicant/Operator Name: Sterlinv_hgady Mix Concrete Company• Ind 1 .1 Type of Organization (corporation, partnership, etc.) : Corporation_—�_ 2. Operation Name (Pit, mine or site name) : Orchard Pit ---- 2.1 I.R.S. Tax ID No. or Social Security No. : 84-Q61453 L_ 3. Permitted Acres : 182 .63 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) : _Cixaya _ 5. Name of owner of surface of affected land Sublette South _- 6. Name of owner of subsurface of affected land __E1jblette South If 2 or more owners, refer to Exhibit P. 7. Type of Mining Operation XX Surface _ Underground 8. Location Information. The center of the area where the majority of the mining will occur lies in: COUNTY: Weld PRINCIPAL MERIDIAN (check one) : fl 6th (Colorado) _ 10th (New Mexico) _ Ute ' TOWNSHIP (write number and check direction) : T � XX NORTH _ SOUTH RANGE (write number and check direction) : R 61 _ EAST —WEST SECTION (write number) : S 23 QUARTER SECTION (check'one) : _ NE _ NW X SE _ SW QUARTER/QUARTER SECTION (check one) : _ NE _ NW fl SE _ SW GENERAL DESCRIPTION: of (miles and direction 3.5 miles ea6.t..g as . t ters .AilpA south from nearest town and approximate elevation HWY 34 on WCR 93 . aporox,,_glgv. 4430 -2- 9. Correspondence Information APPLICANT/OPERATOR (name, address and phone of name to be used on permit) Individual's Name: Robert C. kkAtee Company Name: Sterling Reji4y_Mix Concrete Co. . Ing___ Street: P.O. Box 1149 City: erling - State: Colorado Zip Code: 80751 Area Code: (303) Telephone: 2-6500 pERMITTING CONTACT (if different from applicant/operator above) Individual's Name: Stevan L. O'B,rian — Company Name: Environment. Inc. _ Street: 7985 VanQg Dr. . Suits 205A _ City: _dada. State: Colorado Zip Code: 80003 _ Area Code: 303 Telephone: 423-7297 INSPECTIQ Q LIACI Individual's Name: Robgrt C. McAtegJ_ Company Name: Sterling Ready Mix CQpgrelg Co. . Inc Street: PLO. Box 1149 City: Sterling--- — State: Colorado i»_ Zip Code: 80751 Area Code: _3.Q3) Telephone: 522-650Q__� — CC: TS ATE ORDZppRAj,DANDOWNER (if_Any Agency: Not agpliaahle_—_Street: _ City: State: - Zip Code: —_ Area Code: Telephone: CC: STATE OR FEDERAL LARjflQ Elnij_gnyl Agency: Not applicable 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 _ Residential (RS) XX Recreation (RC) _ Industrial/Commercial( IC) (check one) : _ Developed Water Resources (WR) 11 . Primary present _ Cropland (CR) _ Pastureland (PL) _ General Agriculture (GA) land use XX Rangeland (RL) _ Forestry (FR) _ Wildlife Habitat (WL) (check one) : _ Residential (RS) _ Recreation (RC) _ Industrial/Commercial( IC) _ Developed Water Resources (WR) 12. Method_s2f_minifg: _ Quarry (QR) _ Solution (SO) 12a. other: Briefly explain mining method (e.g. Placer, truck/shovel) . eraygl_yill be..4r.ge4 from_At sits_lgaders and_trusLa will haul. 13 . On sitg_8rncflaling: Solution (SO) _ Chemical (CH) Thermal (TH) Heap Leach (HL) _ Vat Leach (VL) 14. ADDl}.gRtion Fgg: 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 than the application fee is $1 ,875 An applicant will not be issued a reclamation permit until notified by the Division that this application tat 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 days from the date the application 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 affect at the time the permit is issued. -4- Notice Reaigments Immediately . after 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 owner 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 the 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 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. 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 certify that the operation described _ herein has me.t 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) feet of the affected lands. However, where there is an agreement between the applicant/operator and the persons having an interest, in the structure that damage to the structure is to 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 thru a Board finding. -5- 4. I understand that the 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 S'/4 day of �PfJri.-e ./7 "I-3. Applicant/operator If Corporation Attest (Seal) By: Robert C. McAtee _ By: ?72'o�criri - Title: President _ Corporate Secrets'sp Equivalent Town/City/Country " . 4s/� State of COLORADO ) ) as County of LOGAN The forgoing instrument was acknowledged before me this µ days of %3 by �- ./f" < + i, ' r as of 277-7,74/7"71.i_. • Notary Public .7'4 e2/ ' My commission expires : �<<i 3>_�_� cv 2823F (12/92) TABLE OF CONTENTS PAGE # LEGAL DESCRIPTION - EXHIBIT A 2 INDEX MAP - EXHIBIT B 3 VICINITY MAP - EXHIBIT B-1 4 AFFECTED LANDS MAP - EXHIBIT C 5 MINING PLAN MAP - EXHIBIT C-1 6 MINING PLAN MINING PLAN AND TIMETABLE - EXHIBIT D 7 RECLAMATION PLAN RECLAMATION PLAN AND TIMETABLE - EXHIBIT E 16 CROSS SECTION SKETCH 31 RECLAMATION PLAN MAP - EXHIBIT F 32 BASELINE INFORMATION WATER INFORMATION - EXHIBIT G 33 WILDLIFE STATEMENT - EXHIBIT H. 34 SOILS AND VEGETATION - EXHIBIT I/J 39 SOILS MAP - EXHIBIT I-1 57 WETLANDS INFORMATION 58 WETLANDS MAP - EXHIBIT 1-2 67 CLIMATE - EXHIBIT K 68 ADDITIONAL INFORMATION RECLAMATION COSTS - EXHIBIT L 69 OTHER PERMITS AND LICENSES - EXHIBIT N 70 SOURCE OF LEGAL RIGHT TO ENTER - EXHIBIT 0 71 OWNERS OF RECORD OF AFFECTED LAND - EXHIBIT P 72 MUNICIPALITIES WITHIN TWO MILES - EXHIBIT Q 73 NOTICE TO COUNTY COMMISSIONERS AND SOIL CONSERVATION DISTRICT - EXHIBIT R 74 PROOF OF FILING WITH COUNTY CLERK AND RECORDER - - EXHIBIT S 76 APPENDIX LETTER FROM DITCH COMPANY 77 PUBLISHED NOTICE OF APPLICATION FILING 78 PROOF OF PUBLICATION 79 NOTICE TO ADJOINING LANDOWNERS 80 CERTIFIED MAIL RECEIPTS 81 LOCAL GOVERNMENT APPROVAL 82 CERTIFICATE OF SECRETARY 87 EXHIBIT A LEGAL DESCRIPTION A PARCEL OF LAND IN THE NORTHEAST QUARTER (NE%) AND IN THE EAST HALF OF THE SOUTHEAST QUARTER (E? SE4) OF SECTION 23 , TOWNSHIP 4 NORTH, RANGE 61 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY COLORADO SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A RECOVERED BLM BRASS CAP AT THE EAST QUARTER (E4) CORNER OF SAID SECTION 23 ; THENCE SOUTH 0°04' 10" EAST ALONG THE EAST LINE OF SAID SECTION 23 A DISTANCE OF 521. 3 FEET TO A POINT ON THE CENTERLINE OF AN EXISTING COUNTY ROAD; THENCE NORTH 83°07' 10" WEST ALONG THE CENTERLINE OF SAID COUNTY ROAD A DISTANCE OF 80. 4 FEET TO THE POINT OF CURVATURE OF A HORIZONTAL CIRCULAR CURVE TO THE LEFT WHOSE DELTA ANGLE IS 23°17'20" AND WHOSE RADIUS IS 716. 2 FEET; THENCE ALONG THE ARC OF SAID HORIZONTAL CIRCULAR CURVE A DISTANCE OF 291. 1 FEET (THE CORD OF SAID ARC BEARS SOUTH 85°14 ' 10" WEST AND IS 689 . 1 FEET IN LENGTH) ; THENCE SOUTH 73 °35' 30" WEST ALONG THE CENTERLINE OF SAID COUNTY ROAD A DISTANCE OF 1008 . 3 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER (Ez SE4) ; THENCE NORTH 0°31'30" WEST ALONG THE WEST LINE OF SAID EZ SE4 A DISTANCE OF 814 .7 FEET TO THE NORTHWEST CORNER OF SAID EZ SE4 A DISTANCE OF 1342 . 6 FEET TO THE SOUTHWEST CORNER OF SAID NE4; THENCE NORTH 0°58'30" WEST A DISTANCE OF 2643 . 6 FEET TO THE NORTHWEST CORNER OF SAID NE4; THENCE SOUTH 89°53 '20" EAST A DISTANCE OF 2712 . 4 FEET TO THE NORTHEAST CORNER OF SAID SECTION 23 ; THENCE SOUTH 0°222 ' 330" EAST ALONG THE EAST LINE OF SAID SECTION 23 A DISTANCE OF 2627 . 0 FEET TO THE POINT OF BEGINNING AND CONTAINING 182 . 63 ACRES, MORE OF LESS, EXCEPTING THERE FROM A PARCEL OF LAND IN THE SOUTHWEST CORNER OF THE NE4 AS CONVEYED BY DEED RECORDED FEBRUARY 5, 1908 IN BOOK 273 AT PAGE 121 OF THE WELD COUNTY RECORDS AND SUBJECT TO A COUNTY ROAD RIGHT-OF-WAY, PUTNAM DITCH RIGHT-OF-WAY, AND LOWER PLATTE AND BEAVER DRAINAGE SYSTEM RIGHTS-OF-WAY. 2 _ I 1 :1 p.I � J l _ ° p Weil , 4461 G a 'itA f Well 1O b� 4457 11 o 4466 u 12 ,„1 +case _ If 1�J° "6 C , 0 o ° _ p Windmill 6-- 3 n ,- y I I 447/ z=�=94466 G / 1 — - +4472 t up ."0 W g •o 1 7 / \ \ . ^4469 F + 4467 44574 4 - 49/9 OaT2 _ h 4466 4460 1 o Ot. - _.. \V\C \ i/ / - l� 1,'• _W Ego _ /.7 d '''''-'5' IIA V ° pub 6 1 _„ej/4468 1 C� I� 11 U 4460 v z: �1 h 60tl - / 4° o e �� V OK \ \15�,� "4464 14 �� '.� s/ ° 13 I as/s 18 �� / 10 1� �� n BM .- I c, � - _ i� �_._4422- " �pp �./ ��_-� x.462/ t'ublett � T� 1Npi _ ._42j _7 !�- 444}— _ 4430 % ,4428 X4424 y0— Ste aging Sim 1) o o 22 p,0( — 43 <_ — aaze 24 �/ =�4az9 o __ 19 L'-, �o .-- - C -6:-M< u o G<GO - 444O _4450 6 450 .Ia 1, - - _. / °. .14468 _ 9414 446] V- :.1 I ii/ Q fYQcia 44 o h 44)0 :,,t ^ I6 4468 7- i 4489 x . ) 1 . r 4B3 l 1e- ---___ 4470 C v -- y FLATS / l ✓ t L----- _ l ll . 1 O 2X - 1 6 I , 25 / 2 aae3 s o a D 1 1 +45P Iii i l6— x�Ia,ei � o , N Exhibit B - Index Map Sterling Ready-Mix Concrete Company 452 // �. ?V0 ' ORCHARD PIT 341 Part of the NE'''A and SE%, Sec. 23, T. 4 N., 35 E M P T R c� A 41 AJ /.th A 1,/ luau /'L,,.,,nl !`roe-wean z C f _ o a I LL i $ O o Y Q N ' Q G I _.- U V 1/4.J: Jli U _ ) C\L i I • :4 IC.) c I LC Z 0. m CO c i 0 ------ ' Li o 8 ilty ° y o 3 10 \us, ` M e °' Of W"°. .�vI!le� 0 b '_ \.. �. a 1� / 0 13 II a. e' EL w y ..0;• N I Nc ./ I ca `. c T,11 I N_,_,,,,,,,, Jt ) 3n.SP /°W N ao �\ A I.— _ -- - ce 4 pit 1 Ypa9 A CO �'°°°JO�a� \ �• L yaa»j° I °°9 m m n ,/ /Y cm m J= I n I I _ N I it I ea I Rk p I I 3 / I m I � I m + c ,_ m F.--, ` \ \_.1 k�SI '-44f� a--r— *auk n �r Yea Cr � Ci cl__— m - - —I W in 0 C7 in 1 Jo o Da vmi E I N �L i "9/X I Am „�9 ma c, y ci C m OHf Ilt,-- A c ■ I w oa ea I O —i C g y I c ° � I O D ar m d I m lV `9 co a I X . Boa an-...-b eel ^ o .-.'/ I m Q °Ham°B 45 P /� ` 1 C...0 NN E -.� m s + T yr `yy m J tl ry co 7� Al d t m my !4 °1 \ n� C.) I"a :7.__d"y !e EXHIBIT D MINING PLAN AND TIMETABLE LOCATION The property is located in Weld County approximately 3 . 50 miles east of Masters Colorado along the South Platte River. Please refer to Map Exhibit B - Vicinity Map for the property configuration and the relationships to surrounding geological features. There are 182 . 63 acres ± in the Affected Lands outline shown on AFFECTED LANDS MAP - EXHIBIT C. The northern boundary line of the property is in the river and the southern boundary is Weld County Road (WCR) 422. The permit area is located northeast of the intersection of Weld County Roads 932 and 422, south of the river. The gravel deposit is an alluvial deposit that averages 60 feet deep across the property and the site elevation is approxi- mately 4430 feet, sea level datum. CURRENT CONDITIONS Map Exhibit C shows the outline of the Affected Lands, the touching landowners, the 200 foot ownership, current topography, and hydrologic features of the property. We have leased this ground from Sublette South a general partnership to mine the gravel. The land is presently used for agricultural purposes (winter pasture) by the landowner. A section of the northern permitted area is river bottom with cottonwood trees and river bottom habitat. In the southern "panhandle" of the property is an area of wetlands that will not be mined. Surrounding property uses include irrigated agriculture on the west and south. The east is bordered by more winter graze/wetland area and the north side is river bottom. The SOILS MAP - EXHIBIT I-1 shows the soil types as delineated by the Soil Conservation Service (SCS) in their report. MAP EXHIBIT I-2 is a Wetlands Delineation map prepared by ERO Resources Corporation showing the areas of upland and wetland habitat on the property. It will be used to establish data needed for a 404 permit we must obtain before reclamation can begin on the property. 7 MINING PLAN EXHIBIT D (cont) We will be applying for this permit shortly after the NLRB receives this application. GEOLOGIC SETTING The affected lands are located along the South Platte River in a Quaternary age, Piney Creek alluvial deposit. The eastward dipping beds of Upper Cretaceous age are overlain at an angular unconformity by the Pine Creek alluvium. The sand and gravel encountered in the Piney Creek alluvium are a result of water erosion and redeposition of rock materials from the front range of the Rocky Mountains. The deposition of this material occurred during a time when the river was much larger that it is now. But, judging from the scarcity of large rocks found at the location, the velocity of the river must have slowed sufficiently to have dropped boulders and most large cobble before it reached this point. This type material is found from south of Denver to the state line along the South Platte River. The quantity of course gravels and sand vary from a ratio of 80% rock to 20% sand in Denver to 30% rock 70% sand at Julesburge. We have found along this section of the river has a 50% rock, 50% sand ratio and the deposit is approximately 60 feet deep. As you move to the south across the property it thins to almost nothing near the road. Overlying the deposit is a thin layer of soil that varies from 0 to 17 inches averaging 5 inches overall. SOILS AND OVERBURDEN There are two types of soils found on the site. These soils appear to be typical along the South Platte River in Weld County. They have no unusual qualities and are marginal for agricultural purposes. See EXHIBITI/J for the soils information prepared by the Soil Conservation Service, and WILDland MANagement Services regarding soils at this site. The soil information presented by the SCS is not site specific, it describes in general terms the nature of the soils found at this site. Since, their data is not site specific so we have supplemented it with our site specific observations below, and included the general information as reference material. 8 MINING PLAN EXHIBIT D (cont) The 2 types of natural soil on the parcel as determined by the Soil Conservation Service, are designated as map Units 3 , and 10 - - see MAP EXHIBIT I-1 for the locations of these soils. Unit 3 , Aquolls and Aquents - gravelly substratum, covers approximately 70 . 84 ac. or 90. 5% of the mined area. This soil is described as having a dark colored surface layer of deep, poorly drained soil formed in recent alluvium. This description applies to the top 0 to 17 inches of material found on this site. We will salvage as much of the topsoil layer as possible to use during reclamation. Underlaying this top layer is the sand and gravel we will be mining. Unit 10, Bankard Sandy Loam - 0 to 3% slopes, covers 7 . 41 ac. ± or 9. 5% of the mined area. This soil is described as a deep exces- sively drained soil found in flood planes throughout Weld County. The surface material is a brown sandy loam that varies from 0 to 4 inches, averaging 1. 5 inches. On this parcel the soil is located immediately adjacent to the river or in the southwest corner. The only portion of soil we will disturb is in the southwest corner where the Plant Site will be. Of the total 101. 11 acres ± to be disturbed, 68 . 92 acres ± will be water (lake area or drainages) or roads after reclamation is complete. That leaves 32 . 19 ac ± to be revegetated as discussed in EXHIBIT E - RECLAMATION PLAN. It is obvious that sufficient quantities of soil will be available to reclaim the disturbed lands to their present condition. The soils in this area may not be of high quality, but the soils to be salvaged and replaced are representative of what is there now. The topsoil stockpiles will be located so as to reduce the haul distances when reclamation starts. See MAP EXHIBIT C-1 for the approximate location of the areas discussed in this text. MINING PLAN This pit will 'be operated year-around by Sterling Ready Mix Concrete Company, weather permitting, as a specification aggregates supply for their own use or for sale on the open market. It will be a single stage mining operation located on 182 . 63 ac. ± south of 9 MINING PLAN EXHIBIT D (cont) the South Platte River in Weld County. MAP EXHIBIT C-1 - MINING PLAN MAP, delineates the proposed mining operation and shows what the property could look like after 60% of the area is mined and partially reclaimed. Please note that reclamation is running concurrent with mining to reduce the amount of disturbance at any one time. This parcel can be broken into three distinct areas; the area to be mined; an area of wetlands to the south and river bottom in the north. The river bottom area contains large cottonwood trees and river bottom habitat and is not part of the mining area but is included in the permit should the owners wish to enhance the area for wildlife use during the life of the mine. The wetlands in the southern "panhandle" of the property will not be mined. While we do not anticipate disturbing these two areas totally, we may have to do some work in them as part of the wetlands mitigation plan needed to obtain a U. S. Army Corp of Engineers 404 Permit, so they are included in this permit. Operations will commence in the Plant Site area by stripping any topsoil encountered and stockpiling it for use in reclamation. Once this is done and the processing equipment is set up, an area of approximately 10. 00 acres will be stripped just north of the Plant Site, this is where mining will begin. A dragline will be used to open a pond on which a gravel dredge will be set. The dredge is capable of mining to depths of 60+ feet and is the most feasible way to mine this particular type of material. Once the dredge and dredge boat are floating, mining will proceed to the north towards the river until the northern setback line is encountered. The mining face will then turn east and work towards the eastern setback line. Mining will continue in a clock wise direction until all material is removed. Because there are large quantities of reject sand, a dredge is the most efficient way to move this material without the cost becoming prohibitive. A central pivot point for the dredge will be 10 MINING PLAN EXHIBIT D (cont) located on the Plant Site area, this point is where the pipe from the dredge reaches the lake shore. The pivot point may change as mining progresses, in the beginning it will be on the north side of the Plant Site. As mining moves east it may be relocated to the east or northeast side of the Plant Site. When mining is complete the dredge will be removed and the remaining area will be mined using a dragline. The extracted materials will be moved to the Plant Site via an enclosed pipe that is part of the dredge. Here it will be run thru a Sauerman to separate the reject sand from the courser sand and gravel we are interested in. The courser sand and gravel will be processed and stockpiled in the Plant Site area until it is removed to market. The reject sand will be pumped back into the lake area where it will be used as fill along the lake shores and to create the dividers between the lakes. Please see MAP EXHIBIT F - RECLAMA- TION PLAN MAP for the approximate shape of the lakes when reclama- tion is complete. Thus, mining equipment may include but is not limited to, a gravel dredge and it's auxiliary equipment, front-end loaders, scrapers, a dragline, bulldozers, conveyors, dump trucks and a water truck. We have chosen to start on the west side because there is a large area of uplands where we can stockpile processed and mined materials without filling a wetland area. The Corp of Engineers, in Denver has indicated that filling wetland areas before having a permit is in violation of Section 404 regulations. Before reclamation can begin we will have to obtain a 404 permit. We do not know how long it will take to obtain this permit so it is imperative we not fill wetlands until the permit is issued. In the beginning the reject sand we expect to encounter will be stored along the sides of the Plant Site. This material will be a fine sand that could be defined as overburden, however it is found throughout the reserve. We will be using this material to 11 MINING PLAN EXHIBIT D (cont) reconstruct the lake dividers and slopes around the perimeter of the mined area, more detail on this process is given in the reclamation plan following this section. As mining progresses, additional area will be stripped ahead of the mine face and the topsoil will be stockpiled along the setbacks around the mine area. This material will be used when reclamation begins. It will be needed for resoiling slopes and other areas where soil will be needed to establish vegetation. By limiting the amount of area stripped at any one time we will lessen the visual affects of the mining operation as much as possible. There are 182 . 63 acre ± in the affected lands, 101. 11 acres ± will be disturbed as part of the mining operation. The remaining 81. 52 acres ± will have little or no disturbance throughout the life of the mine. The 101. 11 acres ± will contain 78 . 25 acres ± that will be mined as one big lake and the balance of the area will be setbacks around the perimeter of the lake. The area mined will have 53 . 63 acres ± that is 60 feet ± deep; 22 . 88 acres ± in the below water slopes; and 1. 74 acres ± in the above water slopes. Please refer to the Mining Timetable on page 15 for the estimated acreage of each area associated with the mining part of this operation. The amount of land disturbed at one time will be limited to that area needed for processing and stockpiles (Plant Site) , 15 . 00 acres ±; stripped pre-mining area, 5. 00 acres ± and the actual mined area will have no more than 5. 00 acres ± needing reclamation (lake area does not need reclamation) . This means that there will be no more than 25. 00 acres ± needing reclamation at any one time. Note that any area covered by water needs no reclamation except in a narrow band below water, around the lake shore, where slopes have to be established to no greater than 3h to lv according to State Law. The Plant Site area will be the last area to be mined as the reserves are exhausted. Since the Plant Site will be utilized 12 MINING PLAN EXHIBIT D (cont) throughout the life of the mine it will accommodate the processing equipment for the gravel operation and may serve as a site for auxiliary uses. These uses may include an asphalt batch plant, a concrete batch plant and/or a concrete casting facility. In addition, this site is close to the haul road on the west property line we will use for ingress and egress. As mining progresses around the property the bank slopes will be created in two stages. When a dredge is used the native materials tend to sluff off the banks and assume an angle of repose of 22h to lv. This happens because the material in this area is unconsolidated and vertical slopes can not be maintained as mining occurs. This means that to maintain a setback of 100 feet when the gravel is 60 feet thick the mining line has be no less than 75 feet inside the setback lines to allow for the sloughing. The second step will be to cover these natural slopes with some of the large amount of reject sand available. This will establish the slopes to the prescribed 3h to lv in some areas. Where we are created the dividers between the lakes portions of these slopes will have the upper 10 to 15 feet sloped at a rate of 5h to lv. In other place the lake bottom will be filled to create shallow areas. A dredge makes this fairly simple since the reject sand is contained in solution (water) and can be pumped and place wherever it is needed. As we noted above 50% of all the material we handle will be this reject sand so to avoid handling it more than once we will be reconstructing the banks as mining progresses. This will also reduce the amount of reclamation work needed on the below water slopes. There are two ditches owned by the Lower Platte and Beaver Ditch Company (LP&B) shown on MAP EXHIBIT C. These ditches will not be affected by the mining operation. Neither of these ditches have been maintained by the LP&B for many years. We have contacted the Ditch Company and they have no problem with our proposed plan. They have stated these ditches are of little use, but they have not been officially abandoned. The fact that they have not been maintained and they were cut by the eastern drainage ditch tends to confirm their comment. 13 MINING PLAN EXHIBIT D (cont) The drainage ditch running along the east property line bisected these ditches. We do not know when it was constructed but any water that is collected by the LP&B ditches would drain into this waterway and return to the river. Sublette South owns the water in this drainage ditch, however mining will not affect it either. This is a wet mining operation so we expect no unusual dust control problems. We can only estimate the amount of water needed for dust control at this time. The actual amounts needed will be addressed when we apply for the Senate Bill 120 Well Permit thru the Stated Engineers office. Most of the water we use for dust control will be used on haul roads. On a typical operation of this type we use 8 to 14 ac-ft per year. Wherever the mining operation is adjacent to the South Platte River a 200 foot setback will be maintained. This is solely for safety reasons and should not be construed as anything else. The only place this happens is in the northeast corner of the property. Along the rest of the north side we will maintain a 100 foot setback from the drop off into the slough. The setbacks along the west and east sides will also be 100 feet. All the setbacks will be used as areas to stockpile soils and will contain access roads around the mined area. The setback lines on the map are the indication of the mining limits, i.e. the top of the slope into the lake area. Once the bank slopes are established and we are assured the setbacks will no longer be disturbed they will be reclaimed in the prescribed manner. As noted above the area needing reclamation will be no more than 25. 00 acres ± at one time. All interior pit slopes will be maintained with a pit-ward attitude so that there will be no drainage off the affected land. This same slope management plan will prevent any offsite slides or other disruptions, and will also address some of the stormwater runoff question arising from the new Clean Water Act. No water will be discharged from the pit, but we will be applying for a National Pollutant Discharge Elimination System (NPDES) Permit to address the Stormwater Permit that is now required by law. 14 MINING PLAN EXHIBIT D (cont) Sublette South has adequate water available to meet the requirements for evaporative loss. Application will be made for a well permit to address this requirement. A 404 permit will be required because we will be mining into wetland areas and opening waters of the U. S. . A 404 permit is necessary because, during reclamation we will be placing dredge fill materials in the lake area and in the foot print of the wetland areas. We are working on this permit and do not expect any problems in obtaining it. While this permit is not needed to mine wetlands it is needed to reclaim. Part of the 404 permit will be a mitigation plan to restore the wetland areas mined. See the Reclamation Plan for more discussion on the wetlands. MINING TIMETABLE. The continuing uncertainty of economic conditions in the construction materials industry precludes an accurate forecast of demand during the life of the mine. We therefore, elect to estimate the mining timetable based on an average year and expect a specific year to vary widely from the average. ESTIMATED MINING TIMETABLE ACRES ± Ave. Annual Total Set- Undist- Production Years Area Mined backs urbed (Tons) 10-15 182 . 63 78 .25 22 .86 81. 52 250, 000 T. 15 EXHIBIT E RECLAMATION PLAN AND TIMETABLE RECLAMATION PLAN. The proposed future use is to be a series of four private ponds with surrounding wildlife habitat areas. We intend to create a quiet haven with facilities for recreational purposes such as fishing, bird hunting, boating and swimming. Sterling Ready-Mix Concrete Company, Inc. in conjunction with Sublette South (the property owners) have prepared this plan to meet the final intended use, i.e. a wildlife habitat reserve. WILDland MANagement Services has been retained by the owners to provide the expertise and guidance to ensure the reclamation plan meets their needs. The owners have been consulted throughout the planning process to ensure they are comfortable with this plan. In the MINING PLAN, we discussed mining 78 . 25 acres ± within the permit boundary and using the reject sand to create the four individual pond. These dividers are discussed in the following RECLAMATION PLAN. Please refer to MAP EXHIBIT F - RECLAMATION PLAN MAP to see the location of the areas we discuss in this text. In general, there will be four (4) ponds created by using the reject sand to establish dividers throughout the mined area. The ponds created will have irregular shapes and sizes depending on the amount of fill available. This will serve to create a more pleasing appearance and improve the use for the land-owners. The proposed setbacks, shown on the MAP EXHIBIT F, define the outside limits of the area to be mined, this is where the slopes into the ponds will begin. Not only will the pond boundaries be irregular but the below-water-slopes will vary from 5: 1 to 3 : 1 within the 5 feet above to 10 feet below area around the pond. The exact location of the 5h to lv slopes are not known at this time, they will be created as backfilling is done in conjunction with the land owners wishes. In addition, there may be some areas where the sloping is shallower depending on the uses the owners plan. These shallower areas, may be used as swim beach, shallow areas where waterfowl decoys can be set and/or fish spawning areas. Of the 182 . 63 acres ± in the permitted area, 101. 11 acres ± will be disturbed for mining and 81. 52 acres ± will be left in its 16 RECLAMATION PLAN EXHIBIT E (cont) natural state or enhanced as discussed in the MINING PLAN. Within the area to be mined (101. 11 ac ±) the four ponds created will cover approximately 65.89 surface acres while the 34 . 22 acres ± remaining will be above water. The reclamation area has 3 . 03 acres ± of road, and 31. 19 acres ± will need resoiling and revegetation. As outlined in the MINING PLAN, 101. 11 acres ± of the permitted area will be disturbed as a result of mining. This pit will not be staged so mining will proceed in roughly a clockwise direction starting in the southwest, above the PLANT SITE and work north then east and south pivoting around the northeast corner of the PLANT SITE. As mining progresses the perimeter area will be left at or near 2=h to lv as discussed in the MINING PLAN. To establish the final slopes and dividers, the reject sand will be pumped back onto the mined slopes with the dredge to create the desired final slopes. Since reject sand will be used to created the dividers between the ponds and the slopes around the perimeter of the mined area, only minor amounts of slope work will be necessary. This will also insure, that if mining ceases before it is complete, only a minor amount of work would have to be done to finish reclamation in the disturbed area. Other procedures within this plan are designed to minimize the effect of mid-plan stoppage. One example is the placement of the soil stockpiles around the setback/perimeter of the mined area. This will place the topsoil where it will be needed for reclamation and will reduce the distance it has to be hauled for reclamation. Usually, this will mean it simply has to be shaped and graded. Soils are to be stripped as mining progresses. The plan calls for having no more than 25. 00 acres ± disturbed at any one time. As mining progresses across the property some parts of the property will remain undisturbed while other areas will be either stripped, mined, partially reclaimed or totally reclaimed. The MINING PLAN MAP - EXHIBIT C-1 shows how the pit will look when approximately 60% is mined and partially reclaimed, note the various stages of work 17 RECLAMATION PLAN EXHIBIT E (cont) being done at this time. The RECLAMATION PLAN MAP - EXHIBIT F show how the area will look when reclamation is complete. We expect to salvage sufficient topsoil to meet reclamation requirements. Of the 101. 11 acres ± disturbed only 34 . 22 acres ± or approximately 34% will need resoiling and revegetated. The ERO report in the SOILS AND VEGETATION - EXHIBIT I/J, indicates the soil depth is as deep as 17 inches in one location but averages 5 inches, our own observations of the property indicate the average is 4 to 6 inches of salvageable soils. Never-the-less, what soils can be salvaged will be stockpiled in perimeter areas and used in resoiling when final grading is completed. There appears to be more than adequate soils to meet the demand. The setback areas will not be stripped, so only the dividers and wetland areas will be resoiled. We estimate there is 52 , 600 YD3 of salvageable soils and we will need 21, 000 YD3 for reclamation on the 32 . 19 acres ± to be revegetated. A cover crop of Western Wheatgrass will be planted on any soil stockpiles that remain undisturbed for at least a year. Salvaged fines from the processing operation may also be used as a growth medium or root zone layer for the wetland areas we will have to create to satisfy the Corp of Engineers. Some of the excess soil will provide fill in areas that will contain cattails and bulrushes. The use of soil under the water surface, will serve to enhance the growth potential in the areas were cattails are wanted. In addition minor amounts of off site fill material may be used to create fish habitat in the lakes. This material will be broken concrete or similar materials. Our intent in not to create a landfill, but to rather use this material to create sub-surface structure for fish. The area will be returned to at least it's present vegetative condition when reclamation is complete. Because there will be ponds on the property we are not able to return the area is its exact present condition. When complete, the area will be better for wildlife use than before mining began. The Soil Conservation Service (SCS) and WILDland MANagement Services reports in EXHIBITI/J gives the background information needed to establish present ground cover percentages. 18 RECLAMATION PLAN EXHIBIT E (cont) Existing soils in place have been capable of producing a fairly dense cover of native grasses suitable for grazing purposes when not abused. The SCS reports coverage is from 40 to 50 percent and WILDland MANagement Services site study indicated a more realistic figure is closer to 40% with a 10 to 15% basal area coverage. We will use this data when doing reclamation. When final grading and reshaping is complete, the area will be resoiled. Soil will be spread over the surface to a depth of 4 to 6 inches. The key to doing this is how much available soil exists when mining is complete. Careful analysis of the growth medium and salvageable soil will permit the operator to implement a soil additive program and to monitor the prescribed seeding plan to determine if the plan requires revision. Under normal weather conditions, an adequate moisture reserve will be present for establishment of the proposed seed mixture. In addition, the divider height will be close to the pond level so some sub- irrigation will take place, see the CROSS SECTION SKETCH on page 31. In a few areas it may be necessary to broadcast the seed, in which case the seed amounts will be doubled. REVEGETATION PROGRAM. The revegetation program to be implemented by Sterling Ready Mix Concrete, Inc. is detailed below. It incorporates recommenda- tion taken from the report prepared by Mr. Gary Davis of the Soil Conservation Service's, Ft. Morgan office and by Mr. Rick Sandquist of WILDland MANagement Services. Their reports are located in Exhibit 1/J of this application. REVEGETATION INFORMATION The topsoiling plan presented earlier and the revegetation program are devised after careful review of the existing soil conditions and present vegetation, both on site and in the reports contained in EXHIBIT I/J - SOILS AND VEGETATION. Revegetation will be carried out in such, a way so as to establish a diverse, effective and long-lasting vegetative cover that is capable of self-regenera- tion without continued dependence on irrigation, soil amendments or fertilizers. The plan is designed to create a vegetative cover 19 RECLAMATION PLAN EXHIBIT E (cont) that is at least equal in extent to the cover of the natural vegetation before mining. The use of species native to the area are included. Since the intended use of the reclaimed land is a wildlife habitat reserve, the land will be restored to slopes commensurate with such uses. Seed will be drilled wherever possible, when drilling is not possible, the seed will be broadcast. The revegetation plan provides for the greatest probability of success in plant estab- lishment and vegetative development by considering environmental factors such as seasonal patterns of precipitation, temperatures and wind. Other considerations, such as soil texture, fertility, slope stability and the direction in which slopes face, have been considered. A weed control plan is included in the program. Access roads will be constructed through the areas to be planted to provide access for planting crews and for the super- vision and inspection of the reclamation plan. These roads will remain so the owner's have access to the ponds when reclamation is complete. Final grading on the roads will be done before the pit is closed. FERTILIZER. Because of soil conditions and the necessity for using reject sand as a base material for the dividers, the operator may have to apply fertilizers to the seedbed before planting. Topsoiled areas may also be tested during the beginning of the second year and fer- tilizer added accordingly because the soils may lose their nutrients rapidly. The SCS recommends using 40 lbs of Nitrogen and 40 lbs of Potassium (P2O5) per acre to enhance growth, we will follow their recommendations if test results show fertilizer is necessary. SEEDBED PREPARATION. When the filling is complete and the soils have been spread, the surface where seed is to be drilled, will be smoothed of large clods and worked until moderately fine. The surface will be left fairly rough where seed is to be broadcast. Prior to grass 20 RECLAMATION PLAN EXHIBIT E (cont) seeding, a cover crop of oats will be planted. This follows the SCS recommendations. This cover crop is planted in the spring so by fall it can be mown. The grasses are then inter-seeded in the stubble left from the crop. As we understand it the cover crop provides two benefits; the stubble protects and shades the new grasses as they come in and the crop residue serves as a mulch. In addition the oats will provide food for upland wildlife in the area. SEEDING TIME. The grass seed mixture will be planted at one of two times. -- If fall planting is convenient, the grass seed will be planted before the first freeze (about the time Winterwheat is planted) . If spring planting is convenient, it will be done in late April or in May. The time of planting will be controlled by when the soil areas are ready for planting and when the cover crop cycle is complete. GRASSES. This seed mixture is a combination of suggestion from the SCS the DOW and native seed on the site: PROPOSED SEED MIX Species Lbs. PLS/Acre Prairie Sandreed (Goshen) 0.70 Switchgrass (Blackwell) 0.75 Yellow Indiangrass (Cheyenne) 1. 50 Western Wheatgrass (Arriba) 2.40 Alkali Sacton 0.23 Sand Bluestem (Elinda) 1. 10 Little Bluestem (Lovington) 0. 35 Big Bluestem (Raw) 2 .40 TOTALS 9 . 43 The number of Pounds-Live Seed (PLS) shown are recalculated from _ his recommendations shown in EXHIBITI/J, because we found a discrep- ancy in the percentages in his mix. He has recommended doubling this mixture because of the critical disturbance at the site. We have found that doubling the mixture does not necessarily improve 21 RECLAMATION PLAN EXHIBIT E (cont) the germination rate. We will assume responsibility for making it grow and choose to use the rate shown. This mixture contains native grasses found on the property and adjoining areas. Using this mixture will provide approximately 35. 18 seeds per square foot, which is greater than the 20 seed per sq ft recommended by the SCS in their Technical Note Paper "Colorado Agronomy Note NO. 61". We are using Mr. Davis's suggestion of planting a cover crop of Sorghum or small grain prior to planting the grasses. It seems that when the grass seed mixture is inter-seeded with this crop it serves to retain moisture and shade the grasses as they germinate. In addition it should retard the growth of weeds in the seedbed and provide additional grain for the wildlife using the property. Please see the discussion under SEEDBED PREPARATION for the reasoning behind this recommendation. If the seed is broadcast, it will be doubled and spread on a rough surface and the seeded areas will be dragged or raked thoroughly. As noted in the SCS recommen- dations, Straw Mulch is optional, so we will not use any mulch unless we have trouble establishing the grasses. Mr. Rogstad from the Division of Wildlife (DOW) has suggested we add small plots of Purple Prairie Clover (Kanab) around the reclaimed area. We believe this has it's merits so will hand seed the plots around the lakes, but their exact location and number are not determined at this time. WEED CONTROL. The revegetated areas will be monitored closely each spring for the first two years to determine if weeds are invading the area. Weed control will be initiated if the problem becomes serious or has not resolved itself by the end of the second year. In no way should this be take to mean that we will try to eradicate the weeds from the property. Some weeds are beneficial to the upland game species in the area. They provide important protection from the elements during winter. Total eradication of weeds from the site is not necessary desirable, so we will be using controls on the noxious weeds and letting the rest grow in select area. It may be necessary to control weeds by mowing after the first year; the feasibility of chemical weed control methods will be studied should it be necessary. We are hesitant to use chemicals because 22 RECLAMATION PLAN EXHIBIT E (cont) of the seedbeds close proximity to water and the possible risk of contamination occurring. Noxious weed control will be very important on this site, we will follow Extension Service recommen- dations to control them. IRRIGATION. No irrigation is planned for revegetated area in the pit, it tends to make the vegetation dependent on water and does not promote a vegetation cover that is diverse and capable of self regeneration. Since the divider height will be close to the pond surface level we think sub-irrigation will take place. This will tend to promote a wetland type of setting, in which case irrigation will not be needed. We will be discussing wetlands replacement with the U. S. Army Corp of Engineers as we prepare the wetland mitigation plans needed in the 404 permit application. PONDS The RECLAMATION PLAN MAP shows the 4 ponds to be created when reclamation is complete. The following text is an over view of each pond and it's possible uses. All of the slope grades noted in the following text refer to the band of slope from 5 feet above water to 10 feet below water unless otherwise noted. POND # 1 Is located in the southwest part of the property it will be 19 . 91 Acres ± in size. Mining will begin in this pond area and work around the PLANT SITE, that takes up the southern two- thirds of this pond. The northern part will be the first _ mined area and the southern part will be the last reclaimed. Approximately 50% of the slopes around this pond will be 5h to lv. This pond may contain a swimming beach on the south side, in which case part of that area will be sloped 10h to lv. POND # 2 This is the smallest pond of the four at 8 . 10 acres ±. It will also be the shallowest. As the slopes are reconstructed they will tend to overlap raising the bottom. In addition this pond may become the settling pond for washed material. 23 RECLAMATION PLAN EXHIBIT E (cont) The owners intend to use this pond as duck hunting area so the shallower the better. When completely reclaimed, one could expect this pond to have shallow slopes and be ringed by cattails. The center of the pond would be open water, this will provide deep water for protection of waterfowl using the lake and, yet have adequate cover around the shore for hiding places. POND # 3 Being the largest pond this pond will be used as a fish pond and boating area. It will have a surface area of approximate- ly 22 . 50 acres. Some of the slopes will be 5h to lv but most will be 3h to lv. Additional fish structure may be added as reclamation progresses, but the exact location and amount is not known at this time. POND # 4 This will be an 18 . 19 acre ± pond in the southeast part of the property. The southern end of this pond will be a transition area from open pond area to the existing wetlands in the southern panhandle of the property. The gravel is shallower along this side of the property so shallower slopes can be expected. The north and east slopes will be predominately 3h to lv while the southern one will be 5h to lv or less. The southern panhandle wetlands are associated with warm water sloughs and year around seepage. We expect this water to enter Pond 4 keeping the southern end open year around. WETLANDS Part of the initial review we did on this property was to determine the amount of wetlands on the site. With the political climate at the Federal level, regarding wetlands, being what it is we felt a wetland study was called for. We contacted Mr. Steve Dougherty, of ERO Resources, Inc. , to preform an analysis of the property. When it was determined there were jurisdictional wetlands on the property we had him complete a comprehensive detailed survey. His report is included in the EXHIBIT I/J - SOILS AND VEGETATION section of this submittal. The WETLANDS MAP in 24 RECLAMATION PLAN EXHIBIT E (cont) that section shows the area of wetlands and uplands ERO found on the site. This report was then submitted to the U. S. Army Corp of Engineers (Corp) in Omaha for review and comment/approval. The Corp accepted the wetland delineations on July 15th, 1992 , their letter is also included with the ERO report. Table A , recaps the total area and the numbers of wetland and upland areas in the various sectors of the affected lands. TABLE A DESCRIPTION ACRES ± TOTAL AREA 182.63 RIVER AREA 33.47 AREA BELOW DELINEATION LINE 144.16 WETLANDS 55.33 UPLANDS 88.43 PONDS 0.40 AREA TO BE MINED 10t11 WETLANDS 23.69 UPLANDS 77.37 PONDS 0.05 UNDISTURBED SOUTH OF MINED AREA 43.05 WETLANDS 31.64 UPLANDS 11M6 PONDS 0.35 The report indicated that in the 144 . 16 acres south of the South Platte River, there are 55. 28 acres ± of jurisdictional wetlands, 0. 45 acres ± in three small ponds and 88 . 43 acres ± of upland area. Mining will disturb 23 . 69 acres ± of the total wetland area on the site. Wetlands around pond areas are usually defined as those areas where the water is less than 2 feet deep. Using this as a guide we would have a minimum of 1.85 acres on 13 , 430 linear feet of shore, when the underwater slopes are 3h to lv. This would increase as the slopes approach 5h to lv. Since the top of the dividers will be close to the water table an additional 11. 27 acres ± could become replacement wetlands. The wetlands we construct on this site will serve two purposes. One, they will replace those we will be removing as part of the mining plan and two, they will serve to clean storm runoff and process water that returns to the dredged ponds. As such they are not 25 RECLAMATION PLAN EXHIBIT E (cont) "water of the state" until after mining and reclamation is complete. The cattail wetlands around the lakes will also serve to clean surface runoff after mining is complete and reclamation begins. We have talked with Mr. Terry McKee in the Corps office in Denver regarding the need for a Section 404 Permit. He has said that as long as we ohly mine we are, OK. But before we begin reclamation by filling in wetland areas or the foot print of wetland areas, a permit is required, i.e. to place fill in "waters of the U. S. " . We will be applying for this permit as soon as possible after the mining permit is issued. A wetlands mitigation plan showing how we will replace the disturbed wetland area will be part of that permit application. The reclamation plan we have proposed should meet the requirements so we do not expect any problems. In addition, Mr. McKee has indicated the existing grassland type wetlands now on the site have less value than those we propose to create in the mined area. TREES We will not disturb a large number of trees during mining. In fact we are attempting to preserve as many as possible at the owners request. See MAP EXHIBIT F for the location of the trees and shrubs discussed in this text. We know of six trees, within the area to be mined that will be lost. This plan includes installing 100 trees in select areas around the pond perimeter and on the dividers that separated the ponds. We will use only Cottonwoods for these plantings since they are the predominate species in the area. The landowners may wish to add additional species later on, but they are not part of this plan. As is typical we expect a survival rate of 30 to 40% after the first year. The trees will be obtained from two sources, the Seedling Tree Program operated by the Colorado State Forest Service - Weld Extension Service or from native growth along the river. The seedlings will tend to be smaller, 8 to 15 inches tall, while the native ones will be larger, up to two inches in' diameter. In addition to the trees, native fruit bearing shrubs will be planted in thickets, located around the ponds. They will provide 26 RECLAMATION PLAN EXHIBIT E (cont) food and cover for wildlife. The shrubs available from the Forest Service are Wild Plumb, Sand/Nanking Cherry and Golden Current. These thickets will comprise of 20 to 40 seedlings planted in close groups, we expect to use 300 total. Red Willow and Sandbar Willow will be transplanted from surrounding areas to the pond shore and along the South Platte River bank in the northeast corner. As with most willow, cuttings taken from existing plants will grow when implanted in moist ground. The willows will help stabilize the river banks during highwater periods and provide additional cover around the ponds. The exact number of willow planted will depend entirely on the owners wishes and are mentioned here only as information. RECLAMATION PERFORMANCE STANDARDS. The operator intends to mine the property in compliance with _ the Reclamation Performance Standards of Rule 6. Grading will be performed to create a final topography that is compatible with the intended final land use. Most of the dividers and slope areas will be filled to create the final slopes. These slopes will vary from 5: 1 to 3 : 1 depending on the final use proposed in a particular area of a pond; the remainder of the area will retain its present drainage pattern. The fill used to create the slopes, is native material found on the site at this time. It consists of reject sand, minor amounts of overburden and topsoil. Some off site fill materials may be use to enhance fish habitat in the ponds, this material may consist of broke concrete or other materials suitable for that purpose. The pit will be reclaimed so that a suitable grade for drainage exists, all surface runoff will be directed into the ponds created. Any reject sand placed around the pit will be naturally compacted since it is mixed with and transported by water. This type of backfilling tends to firm up and stabilize during the first 6 months after being placed. All grading will be done in a manner to control erosion and to protect areas outside the affected land from slides or other damage. All backfilling and grading will be completed as soon as 27 RECLAMATION PLAN EXHIBIT E (cont) _ feasible after mining is completed. All refuse will be hauled away or disposed of in a manner that will control unsightliness and protect the drainage system from pollution. There are no acid- forming or toxic materials involved in this operation. The minimal amounts of petroleum products stored at the site will be done as prescribed by applicable laws. The storage tanks will be surround- ed by a berm adequate to retain any fluid should a tank rupture. In addition there is adequate absorbent materials on site to contain any spills that would occur outside the berms. There are no drill or auger holes on the land. Maximum slopes will be within the limits set forth in the Rules and Regulations of the Board and will be capable of being traversed by machinery. The operator does not expect prevailing hydrologic conditions to be disturbed. Sterling Ready Mix Concrete Company, Inc. will comply with applicable Colorado water laws and regulations (as the operator understands them) governing injury to existing water rights in order to minimize any disturbance, which might occur to the prevailing hydrologic balance of the affected land and sur- rounding area and to the quality of water in surface and ground- water systems both during and after the mining operation and during reclamation. In addition, the operator expects to comply with applicable Federal and Colorado water quality laws and regulations. Any water used in the operation of the processing plants and gravel pit will come from water owned by Sublette South as outlined in the lease agreement and described in WATER - EXHIBIT G. This is a dredge facility, but there are no temporary siltation structures involved in this operation and no mining is done within the confines of the river. A U.S. Army Corp of Engineers Permit is required for reclamation because of the wetlands on the site. We will be working with them to acquire this permit. Settling ponds will be constructed on the site to collect water from the washing operation before it re-enters the mined part of the lake area. There will be no earthen dams on the mined area. The mining and reclamation plans consider existing wildlife conditions and final reclamation will enhance the area for wildlife use. The mining and reclamation plans take into account the safety 28 RECLAMATION PLAN EXHIBIT E (cont) and protection of wildlife remaining on the mine site, at the processing site and along all access roads to the site. Wildlife habitat creation and management is a specific part of the reclama- tion plan. Whenever possible and with the cooperation of the landowners, Sterling Ready-Mix Concrete Company will work toward the improvement of habitat for wildlife. Some of the recommenda- tions made by the DOW in the WILDLIFE STATEMENT - EXHIBIT H, have been incorporated in this permit. Others will be done if practical by the operator or by the landowners as they develop the wildlife potential of the site. Our comments to Mr. Rogstads' report preface his letter. Topsoil in the area is poor in quality. When topsoil must be removed to reach the mineral deposit, it will be segregated and stockpiled. If the topsoil piles remain undisturbed for more than a year, a vegetative cover of Western Wheatgrass or other means will be employed to preserve the topsoil from wind- and water erosion and keep it free of contaminants so that it remains useful for sustaining vegetation when reclamation begins. The stockpiles will be located in areas where disturbances by ongoing mining operations will be at a minimum, i. e. along setbacks on the pit perimeter. The topsoil will be handled as little as possible until it is replaced onto disturbed areas. The operator will take measures necessary to insure the stability of the replaced topsoil on graded slopes and spreading it as evenly a possible. Fertilizer and other soil amendments will be used, if needed, in accordance with the SCS recommendations. RECLAMATION TIMETABLE. Reclamation will begin once enough area has been opened so that any reclamation completed will not be disturbed as mining progresses. This may take 5 or more years depending on the economic condition is the area and the amount of material mined. The operator anticipates that approximately 75% of the total mined land will be reclaimed by the time mining is completed. We expect all dividers and some of the slopes will be completed when mining ends so only a small amount of area will need grading. Shortly there after all resoiling and revegetation will be completed, probably by the end of the second fall after mining is completed. 29 RECLAMATION PLAN EXHIBIT E (cont) The area will be monitored for success of revegetation until accepted by the Board. If revegetation failures occur prior to release, an analysis of the site will be made and the area will be revegetated again as necessary. RECLAMATION TIMETABLE Acres ± Lake Revege- Undist- Belowiwater Years Total Area tation Road urbed Slopes 3-5 182 . 63 65 . 89 32 . 19 3 . 03 81. 52 38 . 62 30 RECLAMATION PLAN EXHIBIT E (cont.) y\y • :ti e:\\ Ls, .. \\ LI i3:;3$:3'x'•'•'•'•'rotiY•vy.,:?`33 \ OJ "O�•i iJOVi;i'{•'pipp �'•;y ;�i M ti \\ •:�•r.•• .r:❖.6•• i:p •. 9k ce W \ te :❖:❖:•:❖:•:•' o :•x.:•BrioB.s . vy isi CC Cc o \VA - Z c. V) \\ � w r;'; �\ \\N J \\ f w \\ C! o J \\\ `S ≥ LL \\ 2 Q \w\ V z m _ - R' Q a _\ I o \\\ \\ Q \\\ \\ V \ tal CL o a rVVA CFI _ z \\ LJ CL i' \ o �A%\ a ! \\ a C71J LIJ i'•�•�.• 4'\\> 4 J••.•�•0 \\ CO 31 EXHIBIT G WATER INFORMATION The Orchard Pit sits south of the South Platte River, three and one-half miles east of Masters, Colorado. Mining will not take place in the river and there are no creeks or tributaries of the Platte that cross the property. This will be a wet mining operation on an alluvial deposit of gravel. Ground water is approximately 2 feet below the current ground surface and will accumulate in the excavation area. For this reason a Substitute Supply plan or augmentation plan will be needed before ground water can be exposed. The Lower Platte and Beaver Ditch Company (LP&B) has two branches of an irrigation ditch that crosses the property. The location of these ditches are shown on the Affected Lands Map. These ditches will not be disturbed by the mining operation since they are outside the mined area. In addition there is a letter from LP&B in the APPENDIX allowing us to mine within 200 feet oft he ditches. The drainage lateral along the east property line will not be disturbed also. Sublette South owns this ditch and water, some of which will be used to augment the evaporative loss we expect from the gravel lakes. The pit will not be dewatered for mining, but under the new Clean Water Act a NPDES Permit for Storm water discharges will be obtained. The wetland areas to be created around the ponds will become part of the treatment for storm runoff and process water filtering. In addition, we will be preparing a Storm Water Discharge Permit for the pit as prescribed in the Rules and Regulations. The pit will be graded such that all surface water runoff is retained on the site and all off site runoff will is diverted around the property. We estimate dust control for the various parts of the operation, i.e. roads, crushing, washing, etc. will use 14 ac-ft per year. Our experience is that the processed materials retain 2% moisture by weight. We will prepare a Well Permit/Temporary Supply Plan prior to exposing any ground water as required by the Division of Water Resources. No water will be used for reclamation, nor will the revegetated areas be irrigated. Whenever possible, waste material will be used to back fill lake area reducing the amount of lake surface exposed to evaporation. The operators intent is to minimize the disturbances to the prevailing hydrologic balance of the affected land and of the surrounding area and to the quality and quantity of the surface and ground water system, booth during and after mining and reclamation. We believe we will be in compliance will all state and federal laws and regulations governing water and water rights. Our Lease agreement with Sublette South says they will supply water needed for the operation from water they own. They have various sources including, ditch water, Non-GASP wells and Junior water rights that are available for augmentation. We will supply all necessary information when we apply for the Temporary Supply Plan. This water will only be used if said use complies with State water law. 33 EXHIBIT H WILDLIFE STATEMENT. The following information was received in response to our request for a Wildlife Statement From the Division of Wildlife. We would like to thank Mr. Bogart and Mr. Rogstad for their input and comments regarding this plan and we have used some of their recommen- dations for species of shrubs, and grasses in our Reclamation Plan presented in this text. We will not commit to all items they outline but will be working with them as reclamation progresses to assure the issues are addressed. The 404/wetland issue will be resolved with the U.S. Army Corp of Engineers. We understand their concerns regarding the River Otter and Eagles in the area and will work with the DOW to assure they are not disturbed. Sublette South, the owners are committed to improving the wildlife potential on the parcel and have retained Mr. Rick Sandquist of WILDland Management Services to oversee the planning and to work with us in preparing this plan. 34 WILDLIFE STATEMENT- EXHIBIT H (cont.) STATE OF COLORADO REFER TO Roy Romer, Governor DEPARTMENT OF NATURAL RESOURCES 5.534,44t,4O DIVISION OF WILDLIFE RECEIVED ti AN EQUAL OPPORTUNITY EMPLOYER Q J . Perry D. Olson, Director NOV 2D ,99 -OA, F 6060 Broadway Denver, Colorado 60216 Telephone: 1303) 297-11192 f- ENVIRONMENT INC. For Wildlie For People November 24, 1992 Stevan L. O'Brian 7985 Vance Drive, Suite 205A Arvada, Colorado 80003 Dear Steve: • Larry Rogstad and I have been putting together a report on this pit for the county. Larry has written this up for them, and since it just about covers the wildlife concerns. I'm enclosing a copy of it for you, rather than write a separate one. I trust this will cover the points of your concern. Sincerely yours, on ogart Environme tal Biologist DB/jk/L34 cc: R. Moss File • 35 WILDLIFE STATEMENT - EXHIBIT H (cont.) STATE OF COLORADO REFER TO Roy Romer, Governor DEPARTMENT OF NATURAL RESOURCES RECEIVED (OORi°° DIVISION OF WILDLIFE NOV t AN EQUAL OPPORTUNITY EMPLOYER O V 2 ' 1992 3 f Perry D. Olson, Director c'.. p�/ 6060 Broadway O4 Df/ Denver, o 97-110216 OF INC. ForWildlife- T e l e p h o n e: (303) 297-119 2 Larry Rogstad, District Wildlife Manager For People 10/22/92 Current Planner, Dept. of Planning Services Weld County 915 10th street Greeley, Colorado 80631 Case Number USR-990 To Whom It May Concern: Representatives from the Division of Wildlife met with Mr. Rick Sandquist, of WILDland MANagement Services, on the Orchard Pit site. We have also reviewed the USR application Submitted by Sublette South for the proposed mining opera- tion. In this letter you will find the Division's comments on this plan. The site is in the South Platte River bottom. Low elevation riparian habitat is the most important wildlife habitat in our state. The close association of irrigated ag. fields, cottonwood/willow forest, sloughs, cattail marsh, and river bottom pasture creates a haven for a very diverse wildlife resource. In this area one can commonly see: wild turkey, whitetail and mule deer, several species of waterfowl, a wide variety of furbearers and small game, songbirds _ raptors, and numerous species of small vertebrates. All are dependent on this relatively undisturbed river bottom. There are significant wetlands on this parcel. Wintering bald eagles are a Lzmitcin occurance in this area. There has been attempted nesting by bald eagles during the last five years on adjacent properties upstream from this site (less than one mile) , and approximately four miles east of the site. There was a reliable siting of river otters on the South Platte just west of Orchard, Colorado in the fall of 1991 . River otters and bald eagles are both on the Endangered Species List for Colorado. Obviously, this property lies in a crucial wildlife habitat. Changes in land use in this area should take its importance for wildlife into account. The goal should be to main- tain the integrity of this habitat and, if possible, to increase its diversity. Mining of this site will undoubtedly create a temporary disturbance. Reclamation of the site can,if done with rare and consideration, achieve the goal of increasing habitat diversity. The key to reclamation is careful planning, and diligent imple- mentation of the reclamation plan. Anything less may leave an ugly scar in one of Weld County's most important natural resource areas. The Division appreciates the efforts of Mr. O'Brian and Mr. Sandquist in putting together the plan for this proposal. The reclamation plans for the upland areas of the mine are well researched and carefully laid out. Details concerning wet- land mitigation and reclamation are missing from this plan. We realize that information on this will be forthcoming through negotiations with the Corps of Engineers. However, until the Division has the chance to review the wetland plan it is difficult to.endorse the proposal as a whole. On the following page you will find several suggestions that may be included in the reclamation plan for the Orchard Pit. DEPARTMENT OF' NATURAL RESOURCES, Hamlet J. Barry, Executive Director WILDLIFE COMMISSION, William R. Hegberg, Chairman • Dennis Luttrell, Vice Chairman • Eldon W. Cooper, Secretary Felix Chavez, Member . Rebecca L. Frank Member • Louis F. Swift, Member • George VanDenBerg, Member • Larry M. Wright, Member WILDLIFE STATEMENT - EXHIBIT H (cont.) 1. The installation of additional fencing be kept to a minimum. If additional fencing is needed it should be designed and installed to minimize the risk for deer and other wildlife that may move through the property. The Division can suggest appropriate fence designs for this purpose. 2. The seed mix suggested by the S.C.S. provides a diverse seeding that should — do well at the site. It is important that the proper variety of each grass sp. be selected for seeding. The following varieties, listed in bold print for each grass species,would make a good choice. Big Bluestem-Raw Yellow Indiangrass-L1ano,Cbeyenne,or Otto Sand Bluestem-Elides, or Garden Prairie Sandreed-Goshen Little Bluestein-Lovington Western Wheatgrass-Arriba Switchgrass-(tenville, Blackwell, or Nebraska 28 Since the reclaim site will be situated in an area with a high water table it may be appropriate to reverse the relative amounts of Big Bluestein and Sand Bluestem in the mixture. Big Bluestem does better in mister settings. Additionally, if a seed source can be found it would be good to add Prairie Cord- grass (available variety) at the rate et 0.6 Lbs. P1S/acre to the mixture. This cordgrass is a native species adapted to sloughs and wet drainages. Since it forms a sod it could play an important role in stabilizing the shoreline. It can also produce nesting cover. On upper slope sites Side Oats Gramna (Vaughn, Niner, or Haskell) at 1 .35Lbs.PIS/acre could be added for diversity. Purple Prairie Clover (Kanab) at .1 Lb.PLS/acre should be added as a legume nitrogen fixer. The use of yellow or white sweet clover should be avoided in the seed mix. These plants would flourish for two years at the cost of the newly planted grass. To increase site diversity small plots of sweet clover could be established to pro- vide food and cover in specific locations on the parcel. 3. Prior to seeding, upland sites should be manured to increase organic content and to bank nutrients. Phosphorus should be applied at the rate of 40Lbs/acre. Since nitrogen is water soluble it should be applied after seed germination. 4. Fall planting would be best. But seeding could occur any time through mid April. 5. Pond shape and contour should be highly irregular. Islands and loafing areas should be created for nesting/resting habitat. Old tree trunks or large rocks can be placed in shallows to increase resting cover. Pond bottoms should be uneven _ and the >>g,- of structure will increase fishery potential. 6. Since shorelines will be created using the waste sand from mining/control of erosion should be a major emphasis of the reclamation plan. Use of sod forming, wetland grass species like Prairie Cordgrass, Reed Canarygrass, or Phragmites along the shoreline, especially in leeward areas, could help hold soils and de- crease pond turbidity. These species also make dense stands of cover suitable for waterfowl nesting. Willow plantings can also hold shorelines, and provide cover. Plantings of emergent aquatic plants like smartweeds, bulrush, Bur-Reed, and Potamogeton can break up wave action and provide cover. Other plants like duck potato, duck weed, wild millet, and arrowhead can be established to provide food and cover for waterfowl. 7.Woody plants should.be established throughout the site for increased hetero- geneity. In addition to the plants mentioned in the reclamation plan the appli- cants could work with wild rose, grape, snowberry and other plant species that help hold soil, provide food and cover for wildlife. Cottonwood plantings should include male and female trees. Other tree species will grow along the river. Trees should be replaced at a minimum of one for each tree removed. Dead snags should be left standing if they are not a safety concern. 37 WILDLIFE STATEMENT - EXHIBIT H (cont.) 8. Since River Otters may be in the area, special care should be given if trapping is used to control nuisance wildlife. It would be helpful to survey the river, sloughs, and pond shorelines for otter sign before setting traps for beaver, mink or muskrat. 9. Warm water sloughs/ditches found on the property should not be rerouted into the gravel ponds. The warm water ditches along the river bottom provide crucial habitat that holds waterfowl long after freeze up. Running warm water ditches into still water will decrease the amount of open water available for waterfowl forcing ducks out of the area. 10. Finally, wetland preservation is essential to managing natural resources. The goal of any land use proposal involving wetlands should be no net loss of the wet- lands. Acre for acre replacement for destroyed wetlands should be a minimum ob- jective in this plan. If you have any questions concerning the information in this letter, feel free to contact me at 352-2143. I look forward to working with Mr. Sandquist on this pro- ject. Best Regards, _. - Larry Rogstad cc Rick Sandquist Rick Moss, D.O.W. file 38 EXHIBIT I and J SOILS AND VEGETATION Most of the following information was supplied by Mr. Gary G. Davis from the Ft. Morgan office of the Soil Conservation Service. During numerous site visits with Mr. Rick Sandquist of WILDiand MANagement Services, Mr Davis made suggestions and recommendation regarding reclamation. We have incorporated Mr. Davis's recommen- dations in the reclamation plan. WILDland MANagement Services has provided more site specific information regarding basal areas and percentage covers for the background vegetation information. In addition, the topsoil information was obtained from observations we made on the site and obtained from the Wetlands Report prepared by ERO Resources. 39 SOILS AND VEGETATIr ' EXHIBIT I/J (CONT.) WILDland MANagement Services P. 0. Box 23, Orchard, CO 80649 Phone 303-645-2471 Steve O' Brian July 14, 1982 Environment, Inc. 7985 Vance Drive Arvada, CO 80003 Dear Steve, As per our phone conversation of last evening, I have researched soils and vegitation for the proposed Sublette gravel mining site. Gary Davis, Range Conservationist for the Soil Conservation Service in Ft. Morgan, CO, has reviewed the soils information available from the wetland analysis completed for you by Steve Dougherty at ERO. Gary is comfortable with the data presented in that wetlands report. He confided to me that a S. C. S. soil survey of this site would take quite some time to get to due to bacKlogs and time constraints, and that they are recommending the hiring of _ outside contractors to do these types of surveys. There is no need to duplicate efforts here. Gary' s specific recommendations and comments based on his personal observation and Knowledge of the site are: Top Soil Depths are extremely variable across the entire project. area. Average depths, based on ERO ' s data, are 5 to 6 inches. _. Current Vegitative Cover as expressed by basal density ( the area covered by stems alone if all top growth and thatch are removed) is a maximum of 10% to 15%. Existing live ground cover does not exceed 40%. Seeding Mixture recommendation will be forwarded to you as soon as it is completed by S. C. S. It will include Switchgrass, Sand bluestem, Prairie sandreed, Indiangrass, . Alkali sacaton, Western wheatgrass, and Prairie cordgrass. These are all desireable range and wildlife species. Cultural recommendations include seeding twice the normal dryland _ rate per acre because of the critical nature of reclamation. A spring cover crop should be planted first, then interseed the grasses as soil, shade, and moisture conditions dictate. That failing, the last resort alternative would be to mulch with clean wheatstraw and/or manure. Fertalization may be required at anywhere From 15 to 40 pounds of available nitrogen per acre. I hope these site specific recomendations provided by S. C. S. , and the soils data provided by ERO meet the permitting criteria. Sincerely; Rick. L. San quist 40 SOILS AND VEGETATIr ' EXHIBIT I/J (CONT.) U.S. DEPARTMENT OF AGRICULTURE . . CO-ECS-5 SOIL CONSERVATION SERVICE (180-12-11) -- COLORADO Rev. 4/92 PART I - GRASS SEEDING PLANNED Producer: Sublette Land & Cattle Co. planner: Gary G. Davis Date: 8-6-92 Contract or Agreement 8 we Contract Item No. NA Field No. 1 Practice Name & No. ritir,l =za= Plant#1f%• * Irrigated Dr:iand K Land Resource Area 67 Range Site Salt meadnu £ QanAv bottomland Seedbed Preparation: Method Cover Crop Approximate dates Nov 1 - April 30 Dead Litter Cover; Crop residue Kind, Pounds residue needed. 75nn Clean till, Firm Seedbed, Interseed, Other Sorghum or small grains Seeding Operation: Drill X Interseed Broadcast Date Nov 1 - April 30 Drill spacing 7-1n" Type n n with Depth Planting depth 1/2" Bands Fertilizer: Pounds actual available nutrient per acre recommended. Nitrogen (N2) 40 Phosphorus (P205) n Potassium (K) Weed Control : Chemical, Kind & Amount2.4-n: Banvel & Othertlechanical mowing Flash Grazing Dates First summer after seeding at minimum Mulch: Kind Optional Amount Loon lbs/Ac. How applied spread How anchored crimp Anchored depth 4" Seed Recommendations * Planned acres undetermined at present time. Therefore simply multiply column 113 times column #4 to determine column #5 in each phase of reclamation. (1) (2) Required PLS rates % of species Species Variety per acre (100%) in mixture Sand Bluestein Woodward 16.0 15 Prairie Sandreed Goshen 7.0 10 Switchgrass Blackwell 5.0 1S Yellow indiangrass Cheyenne 10 0 15 Western Wheatgrass Arriha 16 0 20 A]kali Sikeston Salada_Saltalk 1 5 20 little Rim:scram rimarrnp 7 n (3) (4) 11.0 (5) 10 Big Bluestein Kato PLS seeding rate Total PLS lbs/ per species/Ac. - Planned species planned (1)x(2) Acres (3) x(4) 2.4 . 7 . 75 -. 1 5 3 7 3 35 1 . 1 SCS cost shared programs such as Great Plains, Watershed activities, RCSD measures and any other program requires the use of Certified Seed - (Blue Tag) if available. Remarks Four wing salt bush is a uRtive shrub on the salt meadow site. This should be added to the above grass seed_ox planted as seedlings. Also there are many desirable forbs which could be included to enhance the seeding. 41 SOILS AND VEGETATION EXHIBIT I/J (CONT.) 9. Aquolls-Aquents-Bankard 3—Aquolls and Aquents, gravelly substratum. This nearly level map unit is on bottom lands and flood plains Deep, level and nearly level, poorly drained and of all the major streams in the survey area. Aquolls, somewhat excessively drained loamy soils and sandy which have a dark colored surface layer, make up about loans formed in alluvium 60 percent of the µnit. Aquents, which have a lighter This level and nearly level map unit is on flood plains colored surface layer, make up about 35 percent. About 5 along major streams throughout the survey area. It percent is Aquepts and Bankard sandy loam. makes up about 5 percent of the total acreage. About 35 These are deep, poorly drained soils that formed in percent is Aquolls, 20 percent is Aquents, 20 percent is recent alluvium. No one pedon is typical. Commonly the _ Bankard soils, and 25 percent is soils of minor extent. sods have a mottled, mildly alkaline to moderately al- Aquolls and Aquents form an intermingled complex kaline loamy or clayey surface layer and underlying pattern along the outer limits of the bottom land, or flood material and are underlain by sand or sand and gravel plain. Bankard soils are adjacent to the streams. Aquolls within 48 inches. In places they have a gleyed layer in the and Aquents are poorly drained, and Bankard soils are underlying material. somewhat excessively drained. Aquolls and Aquents are Most of the acreage is subject to flooding. The water loamy and have a seasonal high water table. Bankard soils table is at or near the surface early in spring and recedes have a sandy loam surface layer and sand underlying to as deep as 48 inches late in fall in some years. material. These soils are used for rangeland and wildlife habitat. Minor in this unit are the poorly drained Aquepts and Some small areas have been reclaimed by major drainage the well drained Colombo, Haverson, and Nunn soils. and leveling and are used for irrigated crops. This map unit is used mainly for rangeland and wildlife The potential native vegetation is dominated by alkali habitat. Wetness and the hazard of flooding are the main sacaton, switchgrass, and western wheatgrass. Saltgrass, limitations in farming and for most other purposes. The sedge, rush, and alkali bluegrass are also prominent. potential is good for development of wetland wildlife potential production ranges from 3,000 pounds per acre in habitat. This map unit also has good potential as a source favorable years to 2,000 pounds in unfavorable years. As of sand and gravel. range condition deteriorates, the switchgrass, alkali sacaton, and western wheatgrass decrease and saltgrass, sedge, and rush increase. Management of vegetation should be based on taking half and leaving half of the total annual production. Seed- ing is difficult and costly because numerous tillage prac- tices are required to eliminate the saltgrass sod. Switchgrass, western wheatgrass, alkali sacaton, tall wheatgrass, and tall fescue are suitable for seeding. They can be seeded into a clean, firm seedbed. Seedbed preparation usually requires more than 1 year to eliminate the saltgrass sod. A grass drill should be used. Seeding early in spring has proven most successful. Wetland wildlife, especially waterfowl, utilize this unit. The wetland plants provide nesting and protective cover, as well as some food. The nearby irrigated cropland, where wildlife obtain much of their food and find protec- tive cover, makes this unit valuable to both wetland and openland wildlife. Openland wildlife, especially pheasant, use this unit for cover and nesting. Deer find excellent cover in some areas. These valuable wildlife areas should be protected from fire and fenced to prevent encroachment and overuse by livestock. They should not be drained. These soils have good potential as a source of sand and gravel. Capability subclass VIw; Salt Meadow range site. 42 SOILS AND VEGETATI( ' - EXHIBIT I/J (CONT.) !tankard series 10—Ilankard sandy learn, 0 to 3 percent slopes. This is a deep, somewhat excessively drained soil on flood The IS:utkard series consists of deep, well drained to ex- plains at elevations of 4,150 to 5,000 feet. It formed in cessively drained soils that formed in stratified sandy al- stratified recent alluvium along streams and rivers. In- Inviunt. Banhard soils are on bottom lands. Slopes are 0 to chidesd areas mapping noncal careous and gravel bars 3 percent. and 'Typically the surface layer of this [tankard soil is It:utltrd soils are similar to the Ilavm'sou soils and are brown sandy loans about 4 incites thick. The underlying near the Aquolls and Aquents. Ilavcrsou soils are finer material to a depth of 60 inches is pale brown calcareous textured in the C horizon. Aquolls and Aquents are sand stratified with thin lenses of sandy loam, loans, and poorly drained. fine gravel. Typical Peden of Itanlumd sandy learn, 0 to 3 percent Permeability is moderately rapid. Available water slopes, 550 feet north and 2,9(111 feet west of the southeast capacity is low. The effective rooting depth is Il0 inches or corner see. 30, 'I'. 5 N., It. 65 W. snore. Surface runoff is slow, and the erosion hazard is low. AI—,l to I; weaker brown granular structure; 6/3) sandy loatilt, ia brown Oscar 4/3) -'This soil is suited to limited cropping. It is s:irid :Ind moist; weak kali g; r wavys-I, non, very friable; calcareous; moderately alkaline; gradual, wavybonnd:rsy. subject Co flooding. Pasture is the best use. Tall wheat- C—A to 60 inches; lade brows (IoY It 6/3) surd stratified with thin Ica- grass, tall fescue, and annual sweetelover are some of the ses of loam, saintly loam, and sure gravel, brown (InYit 6/1) moist; most suitable crops. Light, frequent irrigation by fn rows single grained; loose; CaICaruOlls; moderately alkaline. and flooding is best. Commercial fertilizer improves the amount and value of forage produced. - eats make lop 0 soils parent o carbonates at the surface. Course frog- The potential native vegetation is (lionised erl by mhe A to, op 0 to 1v lutrof of the soil. switch sass, indimtgrass, sand bluestem, sand scold,saes, The A het izm, has vnluu'nf G or ti dry and to f. moist and chrmna of 2 switchgrass, 3 . It is sassily loan or loamy sand. The C horizon Is commonly sand sideouts grama, needleandthread, and blue grama. Minch or loamy sand. of this range site includes other soils and vegetation in such a complex pattern that it is difficult to map them separately. Potential production ranges from 2,5011 pounds per acre in favorable years to 1,500 pounds in unfavorable years. As range condition deteriorates, the tall and mid grasses decrease; blue grama, sand dropseed, and Iorbs increase; and forage production drops. Undesirable weeds and annuals invade the site as range condition becomes poorer. Management of vegetation should be based on taking half and leaving half of the total annual production. Seed _ ing is desirable only in areas large enough to intersee'l on- to prepare a seedbed. S vitchgrass, sand bluestem, sand reed grass, sideoa is gram a, little bluestem, blue gram:', psi bescent wheatgrass, and intermediate wheatgrass are suitable for seeding. This soil can be seeded by using an interseeder or a firm, clean sorghum stubble. A grass drill is required. Seeding early in spring has proven most sue cessful. • This soil is generally not suited to the establishment and growth of trees and shrubs. Onsite investigation is needed to determine feasibility and possible tree and shrub species. -"- Wildlife is an important secondary use of this soil. The cropland areas provide favorable habitat for ring-necked pheasant and mourning dove. Many non game 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. Range- land wildlife, for example, deer and antelope, can be at- tracted by managing livestock grazing and reseeding where needed. This soil is not suited to urban or recreational develop- ment because of the flood hazard. Capability_ subclass IV w irrigated, VIw no nirrigated; Sandy Bottom land range site. 43 SOILS AND VEGETATIrN - EXHIBIT I/J (CONT.) _ WELD COUNTY, COLORADO, SOUTHERN PART 121 TABLE 11 .--WILDLIFE HABITAT POTENTIALS— [See text for definitions of "good," "fair," "poor," and "very poor." Absence of an entry indicates the soil was not rated] Potential for habitat elements Potential as habitat for-__ Soil name and i Wild map symbol Grain ; Grasses herbs- Shrubs 1 Wetland : Shallow Openland Wetland Rangeland and seed and ceous I plants 1 water wildlife wildlife wildlife crops'' ; legumes plants 1 areas ----r__ 1 2 Good Good Fair Fair ;Poor ;Very poor Good Very poor Fa ir . Altvan (3A Aquolls Poor Poor Good Fair ;Good Good Fair Good Fair . ; Aquents Poor Poor Good Fair ;Good Good Fair Good Fair . _. 4'. Aquolls Poor Poor Good Poor :Good Good Fair Good 1 Fair . Aquepts Poor Poor Good Poor Good Good Fair Good Fair . 5, 6 Good Good Fair Fair Poor Very poor Good Very poor Fair . Ascalon 7 Fair Good Fair Fair Poor Very poor Fair Very poor Fair . Ascalon 8, 9 Good Good Fair Fair Poor Very poor Good Very poor Fair. Ascalon )( 10 Poor Fair Fair Fair ;Poor Very poor Fair Very poor Fair . Bankard 11 , 12 Good Good Fair Fair Poor ;Very poor Good Very poor Fair . Bresser 13 Very poor Very poor Fair Fair Very poor:Very poor Poor Very poor Fair . Casc a jo -- 14, 15 Good Good Fair Fair Poor ;Very poor Good Very poor Fair . Colby 16, 17 Fair Good Fair Fair Poor ;Very poor Fair Very poor Fair . Colby 18": Colby Fair Good Fair Fair Poor Very poor Fair Very poor Fair . Adana Fair Good Fair Fair Poor Very poor Fair Very poor Fair. 19, 20 Good Good Fair Fair Poor Very poor Good Very poor Fair . Colombo 21 , 22 Good Good Fair Fair Poor Very poor Good Very poor;Fair . — Dacono 23, 24 Good Good Fair Fair Poor Very poor Good Very poor Fair . Fort Collins 26 Good Good Fair Fair ,Poor Very poor Good Very poor;Fair . 25, ' Haverson 27 Fair Fair Poor Poor ;Poor Poor Fair Poor Poor . Heldt 28 Fair Fair Poor Poor ,Poor Very poor Fair Very poor,Poor. Heldt 29 Good Good Fair Fair ;Poor ;Very poor Good Very poor Fair . Julesburg 30 Good Good :Fair Fair ;Poor Very poor Good Very poor Fair. Julesburg See footnotes at end of table. 44 SOILS AND VEGETATIr 1 EXHIBIT I/J (CONT.) TABLE 12.--ENGINEERING PROPERTIES AND CLASSIFICATIONS (The symbol < means less than; > means greater than. Absence of an entry means data were not estimated ! I Classlflcatlon IFrag- I Percentage passing Soil name and 'Depth' USDA texture I I Iments I sieve number-- _ Liquid I Plas- map symbol I I 1 Unified I AASIITO I > 3 I 1 1 T limit ticity ' 1 I I Ilnchesl 4 1 10 I 40 1200 _ I Index I N- f f I I Pet-1 I I 1— Pct , 3• : i I I I I I Aquolls I 0-48:Variable I --- --- --- --- I --- - --- --- 148-601Sand , gravelly :SP, SP-SM A-I 0-10 60-90 150-70 30-50 0-10 ' --- Or -- I sand. I I Aquents 0-481Varlable --- --- I --- --- --- --- 48-601Sand and gravel SP, 5P-SM,A-1 0-10 60-90 150-70 30-50 0-10 --- ! OP 1 1 I I iq 0-4 ,Sandy loam ISM IA-2, A-4I 0 ,95-100190-100,60-70 30-40 I I FIP 11ankard 4-60:Fine sand , sand,ISP-SM, SMIA-2, 1 0-5 170-100160-100140-70 5-25 I - I HP 1 gravelly sand. I I A-3, I I I I 1 I A-1 I I 1 I I I , TABLE 13.--PHYSICAL AND CHEMICAL PROPERTIES OF SOILS [The symbol < means less than; > means greater then. The erosion tolerance factor (T) is for the entire profile. Absence of an entry means data were not available or were not estimated) —I . I —T 1 I(Isk of corrosfon Eroslon!Wind Soli name and Depth Permea- tellable Soil Salinity: Shrink- 1 T factorsierodl- map symbol bility Ix water reaction I swell :Uncoated :Concrete bility capacity_ :potential 1 steel 1 K t T ,group fin —In71i In7In (-�1- Hmhos/cm: I I I311 1 I Aquolls 0-481 ___ ___ -__ 1 1___ 1-- 48-601 >20 0.04-0.06 7.11-8,11 2-16 Low jlligh Moderate :--- : I p _ Aquents , 0-481 --- , ___ ___ ___ 1 1 '___ 1__1118-601 >20 10.011-0.06 7.4-8.4 2-16 Low 1Iligh-----'Moderate I--- 1 I 1 f I 1 10 1 0-4 1 2.0-6.0 10.09-0. 121 7.4-8.4 I <2 :Low !Moderate :Low 10. 101 5 3 _ Dankard I II-601 6.0-20 :0.05-0.081 7.11-8.4 I <2 'Lou !Moderate 'Lou 10. 101 I ' I I I i TABLE 14.--SOIL AND WATER FEATURES [Absence of an entry indicates the feature is not a concern. See text for descriptions of symbols and such terms as 'rare," "brief," and "perched." The symbol < means less than; > means greater than] -- I T Ffoodrng I ]Ifg wterEa6f r JFe EC1 Soil name and Illydro-' 1 T I , f I Potential map symbol I logic' Frequency Duration Months I Depth Kind Months Depthillard- 1 frost IgrTo� I ness I action T T Ft In I--_ I. I 1 3': 1 I I I Aquolls D !Frequent---- Brief Apr-Jun10.5-1 .0,Apparent Apr-Jun >60 1 --- Nigh. Aquents D 'Frequent---- Brief Apr-Junl0.5-1.0 Apparent Apr-Jun, >60. I --- :high. I I I I ! 1 I 1 1 Y 10 I A 'Frequent---- ,Brief Mar-Junl >6.0 --- --- I >60 I --- !Low. — Bankard I I I 1 1 45 SOILS AND VEGETATII EXHIBIT IIJ (CONT.) UNITED STATES DEPARTMENT OF AGRICULTURE - jolt CONSERVATION SERVICE SECTION II-E RANGE SITE DESCRIPTION , COLORADO FIELD OFFICE Site Name: Salt Meadow #35 Site Number: 067XY035CO 072XY035CO MLRA: 67 & 72 Date Approved: October, 1989 A. PHYSICAL CHARACTERISTICS 1. Physiographic Features Toog. ion fromg3350ytos6000rly feet. Thel ° gently landscape°hasp a typical lowland ranges lowland meadow appearance. 2 . Climatic Features a. Precipitation averages 11 to 18 inches annually. From 75 to 80 percent of the precipitation is received between May and October. High intensity summer storms followed by hot, dry, windy periods are common. Additional runoff moisture from adjacent areas or watertable soils provides more production that can be expected from rainfall on this site. Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 0. 4 0 . 4 0. 8 1. 4 2 . 5 2 . 5 2 . 3 1. 8 1 . 3 0 . 8 0 . 4 0. 4 b. Average annual temperature is approximately 50°F. Length of the frost free period averages about 130 to 160 days and occurs from the middle of May through the end of September. 3 . Native (Climax Potential) Vegetation a. The potential plant community is about 80 to 90 percent grasses, 5 to- 10 percent forbs and 5 to 10 percent shrubs. Alkali sacaton is the dominant plant in the potential plant community. Switchgrass, western wheatgrass, prairie cordgrass, inland saltgrass, alkali bluegrass, Baltic rush and Nebraska sedge are also prominent. Canada wildrye, little bluestem, slender wheatgrass, big bluestem, other sedges and rushes, American licorice and fourwing saltbush may be present in small amounts . Cottonwood and willow of river bottoms often form bordering plant communities to this site and occasionally cottonwood or willow may be seen on a soil inclusion associated with this site. 46 SOILS AND VEGETATION EXHIBIT I/J (CONT.) page 2 #35 b. Relative percentage of total plant community by weight, air-dry: PLANT COMP. SYMBOL COMMON NAME SCIENTIFIC NAME J PERCENT GRASS AND GRASSLIKE PLANTS _ SPAI ALKALI SACATON SPOROBOLUS AIROIDES 35 25 40 PAVI2 SWITCHGRASS PANICUM VIRGATUM 2020 25 AGSM WESTERN WHEATGRASS AGROPYRON SMITHII SPPE PRAIRIE CORDGRASS SPARTINA PECTINATA 100 15 10 - POJU ALKALI BLUEGRASS POA JUNCIFOLIA 3 7 ANGE BIG BLUESTEM ANDROPOGON GERARDII DISPS2 INLAND SALTGRASS DISTICHLIS SPICATA STRICTA 2 5 JUBA BALTIC RUSH JUNCUS BALTICUS 2 5 - CANE2 NEBRASKA SEDGE CAREX NEBRASCENSIS AGTR SLENDER WHEATGRASS AGROPYRON TRACHYCAULUM 2 5 SCSC LITTLE BLUESTEM SCHIZACHYRIUM SCOPARIUM T 5 _ ELCA4 CANADA WILDRYE ELYMUS CANADENSIS TT 5 SPGR ALKALI CORDGRASS SPARTINA GRACILIS T 5 SONU2 YELLOW INDIANGRASS SORGHASTRUM NUTANS T 3 HOJU FOXTAIL BARLEY HORDEUM JUBATUM 1 T 5 OTHER NATIVE GRASSES FORBS GYLE3 AMERICAN LICORICE GYLCYRRHIZA LEPIDOTA T 5 IVXA RAG SUMPWEED IVA XANTHIFOLIA TT 3 GAPA6 SMALLFLOWER GAURA GAURA PAR EUPATORIODES VIFLORA 1 BREVC FALSE BONESET CORYMBULOSA T 1 T 5 OTHER NATIVE FORBS - SHRUBS AND HALF-SHRUBS ATCA2 FOURWING SALTBUSH ATRIPLEX CANSCENS T 5 CHNA2 RUBBER RABBITBRUSH CHRYSOTHAMNUS NAUSEOSUS T 3 OTHER NATIVE SHRUBS 1/ Names according to National List of Scientific Plant Names SCS-TP-159 c. Overgrazing with cattle will result in big bluestem, switchgrass, prairie cordgrass, alkali sacaton, western wheatgrass and fourwing saltbush to decrease or disappear from the plant community. Inland saltgrass , sedges, rushes and several forbs and shrubs increase or invade the site. Continued overgrazing usually results in a sodbound stand of inland saltgrass on this site. 47 SOILS AND VEGETATIO" EXHIBIT I/J (CONT.) page 3 #35 d. Basal area (the area of ground surface covered by perennial vegetation at ground level) is approximately 50 percent. e. Annual Production If the range is in excellent condition, the approximate total annual production (air-dry) is: Favorable Years 3500 pounds/Ac Normal Years 2800 pounds/Ac Unfavorable Years 1800 pounds/Ac Of this production, 5-10 percent will likely be unpalatable or out of reach of grazing animals. 4. Native Animal Community Associated with the Potential Plant Community: Deer and pronghorn are the principal big game herbivores . Other species that make use of this site include jackrabbit, other small mammals and rodents, ground nesting prairie birds, shore birds and waterfowl . 5. Soils The soils of this site are deep, somewhat poorly drained and occur on terraces and bottomlands. The soils formed in calcareous alluvium. The soil texture ranges from sandy loam to clay. Permeability is slow to moderate with a high to moderate available water capacity. Surface runoff is slow to moderate. Effective rooting depth of these soils is 60 inches more. Soil Surface Slope Series Texture Range Phase Alda loam 0-3 saline Alda fine sandy loam 0-3 saline Apishapa clay 0-3 - Haverson loam 0-3 saline Hayford silty clay loam 0-3 saline Heldt clay loam 0-3 saline 48 SOILS AND VEGETATI' ' EXHIBIT I/J (CONT.) page 4 #35 Soil Surface Slope Series Texture Range Phase Koen loam 0-3 - Koen silt loam 0-3 - Lamo clay loam 0-3 - Las loam 0-3 - Las loam 0-3 saline Las Animas fine sandy loam 0-3 - Lebsack clay loam 0-3 - Loveland clay loam 0-3 - _ Limon clay 0-3 saline Mosher clay 0-3 - Nunn clay loam 0-3 watertable Nunn clay loam 0-3 wet Satanta loam 0-3 watertable Satanta loam 0-3 wet Wann clay loam 0-3 saline Wann fine sandy loam 0-3 saline Wesplain loam 0-3 - Wesplain silty clay loam 0-3 - __ 6. Location of Typical Examples of the Site. a. Lambertson Ranch, N of Briggsdale, Weld, Co. b. Crosby Ranch, Weldona, Morgan, Co. c. Tamarack Ranch, S of Crook, Logan, Co. 49 SOILS AND VEGETATI/' EXHIBIT I/J (CONT.) page 5 #35 S. MAJOR USES AND INTERPRETATIONS FOR 1. Grazing a. This site provides excellent grazing for cattle and horses. It also provides good forage for deer and pronghorn. The animal forage preference changes as the growing season progresses. Alkali sacaton, big bluestem switchgrass and prairie cordgrass are very palatable through the summer. These plants will benefit by deferment from grazing during late spring and summer. Vegetative palatability will influence proper use considerations. The season of use, weather, kind of grazing animal, past grazing use and the plant composition will directly influence animal preference and performance. b. Guide to Initial Stocking Rates (1) Stocking rates given below are based on continuous use for the entire growing season, and are intended only as an initial guide. Forage needs are calculated on the basis of 900 lbs of air-dry forage per animal unit month (AUM) . To maintain proper use and allow for forage that disappears through trampling, small herbivore use, weathering, etc. , 35 percent of the palatable forage produced is considered available for grazing by large herbivores. Condition Percent Climax Class Vegetation ATILVS Ac AUM excellent 76-100 .76-1. 0 1. 0-1. 3 good 51- 75 . 51-. 75 1. 4-1.9 fair 26- 50 .26-. 50 2 . 0-3 . 9 poor 0- 25 0-.25 4 .0-+ (2) Adjustments to the initial stocking rates should be made as needed to obtain proper use. With specialized grazing systems, large livestock breeds, uncontrolled big game herbivores, inaccessibility, dormant season use, presence of introduced species, etc. , stocking rate adjustments will be required. 50 SOILS AND VEGETATIr EXHIBIT 1/J (CONT.) page 6 #35 c. Vegetation Palatability by Animal Class J ANIMAL PREFERENCE G S S COMMON NAME CSH EDP BBM GRASS AND GRASSLIKE PLANTS ALKALI BLUEGRASS HUH HUH MMM ALKALI CORDGRASS MLM LLL MMM ALKALI SACATON HMH MLM LLM BALTIC RUSH LLL LLL LLL BIG BLUESTEM HHH MMM MMM CANADA WILDRYE MMM MMM MMM FOXTAIL BARLEY MMM MLM MHH INLAND SALTGRASS LLL MLM LLM LITTLE BLUESTEM HMH LML MMM NEBRASKA SEDGE HMH HML MMM PRAIRIE CORDGRASS MLM LLL MMM SLENDER WHEATGRASS HHH HMM MMM SWITCHGRASS HMH MMM HHH WESTERN WHEATGRASS HMH MMM LMM YELLOW INDIANGRASS HHH MMM MMM FORKS AMERICAN LICORICE LML HMM MMM RAG SUMPWEED LLL LLL LLL SMALLFLOWER GAURA MHH MHH HHH FALSE BONESET LML LMM LLL SHRUBS AND HALF-SHRUBS FOURWING SALTBUSH HHM HHH HHH RUBBER RABBITBRUSH LLL LLL MMM 2/ Vegetation palatability by animal class is based on the attractiveness of the plant to animals as forage. Grazing preference changes from time to time and place to place depending on the animal class , plant palatability and nutrient value, stage of growth, and season of use. Animal class symbols: Animal preference symbols: C - Cows S - Sheep H - Horses H - High E - Elk D - Deer P - Pronghorn M - Medium L - Low G _ Upland S _ Songbirds S _ Small U - Unknown B Gamebirds B M Mammals 51 SOILS AND VEGETATIr• EXHIBIT I/J (CONT.) page 7 #35 d. Major Poisonous Plants to Livestock V No poisonous plants to livestock are known at this time on this site. 2/ For additional information regarding poisoning by specific plants, see Colorado Range Technical Note. 2 . Wood Products No known potential production. 3 . Wildlife Values This site has good potential for wildlife habitat especially since it usually occurs in association with other sites that provide good cover for wildlife. This site supports good populations of deer and jackrabbit. Due to run-in water from _ ajacent sites or the presence of a water table, nesting areas for ducks and geese are frequently available in depression areas. 4. Hydrological Interpretations Soils in this site are grouped into "B" and "C" hydrologic group, as outlined in the Soils of Colorado Loss Factors and Erodibilitv Hydrologic Groupings handbook. Field investigations are needed to determine hydrologic cover conditions and hydrologic curve numbers. Refer to Peak Flows _ in Colorado handbook, and SCS National Engineering Handbook, Section 4 , for hydrologic curve numbers and determining runoff quantities. 5. Recreation and Natural Beauty This site has good aesthetic appeal and natural beauty. This site often occurs in conjunction with sites that have trees and in combination with them presents a pleasant change from the droughty areas frequently adjacent to these sites. 6. Endangered Plants and Animals No endangered plants or animals are currently known to be dependent on this site. 52 SOILS AND VEGETATIr" EXHIBIT I/J (CONT.) UNITED STATES DEPARTMENT OF AGRICULTURE Soil Conservation Service, Colorado Technical Guide RANGE SITE NO. 31 Section II E Field Office August 1975 RANGE SITE DESCRIPTION for SANDY BOTTOMLAND Land Resource Area: Central High Plains (67) Central High Tableland (72) A. PHYSICAL CHARACTERISTICS I . Physiographic Features Elevation is about 5000 feet. Topography is nearly level to gently sloping. Surface may be smooth or there may be minor undulations. This site often occupies the first bench between the streambed and higher sandy land. It may also be found in a few sandy valleys and drainageways where there is some effect from extra moisture. 2. Climatic Features High intensity summer storms and hot dry periods between storms are common. The effect of the semi-arid climate is offset to some extent by a slightly to moderately effective water table or by occasional flooding , or both. The average annual precipitation is from 13 to 17 inches with 75 to 80% falling from April to September. Optimum growing season of native plants is late spring and summer. 3. Native (potential ) Vegetation The vegetation has a definite tall grass appearance, dominated by switchgrass , Indian grass, prairie sandweed and sand bluestem, with smaller amounts of various midgrasses such as side-oats grama, little bluestem, needle-and-thread , and Canada wildrye are scattered through- out. Tall dropseed , sand dropseed , sedges , inland saltgrass , pere- nnial forbs , and western wheatgrass may make up about 20% of the vegetative composition. The ground cover is uniform with no bare spots. The optimum ground cover is about 40%. Litter is abundant in and between the plants with several inches of the topsoil darkened by organic matter. Cottonwood trees may occur occasionally on this site. 1 53 SOILS AND N/ECiETATIr ' EXHIBIT I/J (CONT.) RANGE SITE NO. 31 Page 2 SANDY BOTTOMLAND August 1975 Native (potential ) Vegetation and Guide for Determining Range Condition. Percentage composition by weight of the principal species may total as much as: Grasses: Switchgrass 25 Sand bluestem 15 Prairie sandreed 12 Indian grass 10 Little bluestem 5 Side-oats grama 5 Needle-and-thread 5 • Canada wildrye 5 Tall sand dropseed 3 Inland saltgrass 3 Western wheatgrass 3 Grass-like: Sedges 3 Forbs: Perennial forbs 3 Plants that ere most likely to increase when the range deterio- rates are: kochia, Russian thistle, tamarix, and other annuals. The native plant community of plants and grasses that will immedi- ately decrease as a result of ecolocical changes that take place or as a result or range deterioration will be: Indian grass , switchgrass, sand bluestem, and prairie sardreed. The mid grasses may increase. for a while but with serious deterioration of the range resource, these will be replaced by sand sagebrush, three-awn, and inland saltgrass. These plants with further deterioration, will be replaced with noxious forbs, low-producing perennials and annuals. 4. Total Annual Production Favorable years 2500 Pounds per Acre Air Dry Unfavorable years 1200 " Median years 1800 54 SOILS AND VEGETATIRN EXHIBIT 1/J (CONT.) RANGE SITE NO. 31 Page 3 SANDY BOTTOMLAND August 1975 5. Solis a. The soils are usually deep but may be shallow and underlain by clean sand or gravel .. They vary in texture from sandy loam to loose sand. The sandy texture with its faster intake, deeper penetration and more ready release of moisture than heavier soils, is the principal factor affecting plant growth. However, extra moisture allows significantly higher production than other sandy sites and offsets to some extent the moderate to low water holding capacity. Consequently, the vegetation is a mixture of tall and midgrasses with the tall grasses typical of slightly more moist locations predominating. In general , the salt concen- tration is not strong enough to seriously affect climax vegetation, but it may cause such species as saltgrass to become abundant when the range is misused. A lower moisture content in the upper foot or two of soil often makes the effect of salts more pronounced than on adjacent wet meadows. The site is not highly erodible, — but is subject to severe wind damage if denuded. b. Soils in this site are: Bankard sandy loam Bankard loamy sand 6. Rare, Threatened or Endangered Plants and Animals Animals that may be endangered are listed under Site 29, as these two sites are in close association with each other. Marsh Hoe., hi Carved - dy/cu.r/eu, .nal Pere/1'1;4. Fe-lC•Oq • 7. Location of Typical Examples of the Site Big Sandy at Limon, Colorado 8. Field Offices in Colorado where the site occurs : 301 Akron 338 Lamar 305 Brighton 341 Longmont 311 Cheyenne Wells 351 Simla 313 Colorado Springs 352 Springfield 322 Flagler 354 Sterling 323 Fort Collins 355 Byers 325 Fort Morgan 356 Trinidad 329 Greeley 370 Eads 333 Holly 371 Hugo 55 SOILS AND VEGETATIC'' EXHIBIT I/J (CONT.) RANGE SITE DESCRIPTION - Colorado - 1974 B. Major Uses and Interpretations for the SANDY BOTTOMLAND Range Site Use of Product Value Rating Not High Medium Low Appli- cable 1 . Grazing Cattle X Sheep x Horses X 2. Wood Products 3. Wildlife X Antelope X Bison ' X Deer X Elk X Cottontail X Jackrabbit X Upland game birds X Waterfowl X 4. Watershed 5. Recreation and Natural Beauty X 56 SOIL q�}e ` ETATir" - 7o EVN1rnt I/J (CONT.) i 71 70 70 12 ) 1 1 6 69 69 • 69 69 / K lA Ia /� 13 .� ' r> 151 q• AT UN � J , 4 J: . r� Y,� 6A �f1 I J . ,0- 94 _ --.1- �a ^ — .1. ,- ♦. i K' �q y h t 47 7 D a.+- a ..1+rf 'Vf r „ � , li �r",s r Y L w) .''ref'..' r 7 *- u T r i.. 10 k� �+ ati'�`,• . ,.. fd-4 "4- R 7�'\ +r -;, •' i.,icr ,; 14'+ ,' 6✓' A v, Y• vi 4 f 3 e ` :0:.. ....M.....,-;,r; 1 it 5! a nay ,71* i� I 40404 • icy, a. _� —� 76' +a. tr y/�� 40 if - "• 1 t w 1- 1 t Tr Jas L„lew'' ,,, ` , .- #. ,... OILS AND VEGETATION EXHIBIT I/J (CONT.) SST OF A n ,, ° DEPARTMENT OF THE ARMY 4.1 qe F ; x: CORPS OF ENGINEERS,OMAHA DISTRICT V TRI-LAKES PROJECT OFFICE,9307 STATE HWY 121 1°* , . LITTLETON,COLORADO 80123-6901 pc: '•<-1! n REPLY TO ATTENTION OF July 15, 1992 Mr. Rick L. Sandquist Wildland Management Services P.O. Box 23 Orchard, Colorado 80649 Dear Mr. Sandquist: Reference is made to your July 13, 1992 site meeting with Mr. Terry McKee of this office which concerns a wetland delineation and map for Sterling Ready Mix by ERO. This proposed gravel mining project is located in Section 23, Township 4 North, Range 61 West, Weld County, Colorado. This letter is to inform you that the wetland delineation is considered accurate and acceptable by this office. The wetlands are considered to be waters of the United States pursuant to Section 404 of the Clean Water Act. If a proposed activity requires the placement of temporary or permanent dredged or fill material into these waters, this office should be contacted for proper Department of the Army permits. This wetlands jurisdictional delineation is valid for a period of three years from the date of this letter unless new information warrants revision of the delineation before the expiration date. If you have any questions concerning this matter, please feel free to contact Mr. Terry McKee of my staff at (303) 979-4120 and reference project number 199280315. Sincerely, 7 TIM Y T. ' AR Project Manage 58 SOILS AND VEGETATIryN EXHIBIT I/J (CONT.) PRELIMINARY JURISDICTIONAL WETLAND DELINEATION OF STERLING READY MIX PROPERTY WELD COUNTY, COLORADO INTRODUCTION A preliminary jurisdictional wetland delineation of the Sterling Ready Mix property was conducted on June 3, 1992 by Steve Dougherty and Kate Willer of ERO Resources Corporation of Denver, Colorado. The jurisdictional wetland delineation was performed using the 1987 U.S. Army Corps of Engineers (COE) delineation manual. SHE LOCATION AND DESCRIPTION The Sterling Ready Mix property is located in extreme eastern Weld County, approximately 2.5 miles southwest of the town of Orchard, south of the South Platte River, and north of Colorado Highway 34 in Sec. 23, T4N, R61W (Figure 1). The portion of the site delineated covers approximately 142 acres that occur within the historic floodplain of the South Platte River. Two major vegetation types occur within the property. A cottonwood riparian woodland occupies approximately 21 acres of the property and occurs primarily along the banks of the South Platte River. The remaining 142 acres comprise the delineation area and are best described as a bottomland mesic to wet grassland and is composed of a series of abandoned overflow channels or scrolls that are characterized by soil saturated to or near the surface or standing water and are typically dominated by three-square, sedges, and rushes. Interspersed among these channels are areas of higher elevation with coarser- textured soils that exhibit better drainage characteristics than the surrounding channels. The higher elevations are typically dominated by salt grass, switchgrass, sand dropseed, and kochia. Areas between the most elevated sites and the wetland depressions exhibit soil and vegetation characteristics intermediate between the elevated areas and the depressions. The site is currently used for winter cattle pasture. \sterling\determ.612 1 59 SOILS AND VEGETATION EXHIBIT I/J (CONT.) PRELIMINARY JURISDICTIONAL DELINEATION STERLING READY MIX PROPERTY The majority of the site has a high water table that has been historically collected through a series of ditches and used as a source of augmentation water to meet downstream demands. At the time of this survey, all the soils were moist immediately below the surface due to recent rains and most of the depressions were saturated or had standing water. Due to the recent rains and spring conditions it was assumed that groundwater levels were at or near their highest levels for the growing season. The majority of the area delineated has been mapped by the Soil Conservation Service (SCS) as Aquolls and Aquents, gravelly substratum, and is considered a hydric soil in southern Weld County. The southwest corner of the site, previously delineated as upland, was mapped by the SCS as Bankard sandy loam. The southeast corner and northern portions of the site were mapped by the National Wetland Inventory as upland (Figure 2). Based on our delineation, the NWI mapping is very inaccurate in the southern portion of the site (i.e. what NWI considered upland was among the most hydric areas of the site). METHODS The COE 1987 jurisdictional wetland delineation manual was used to determine thresholds for meeting criteria indicative of jurisdictional wetlands. A total of 20 sample sites were used to help determine the extent of jurisdictional wetlands (completed data forms attached). The site was previously divided into the following 4 different types during the upland delineation performed on March 30, 1992 (Figure 2). These 4 types were based on the likelihood of meeting the 1982 wetland delineation manual criteria for jurisdictional wetlands. 1. Sites clearly dominated by obligate wetland vegetation and soils saturated to or near the surface of with water standing were delineated as wetlands (wetlands). \sterling\determ.6l2 2 60 SOILS AND VEGETATIC EXHIBIT I/J (CONT.) PRELIMINARY JURISDICTIONALINEATION STTEL WETLAND MIX PROPERTY 2. Areas with plant comrtiunities composed of a mix of wetland plants (i.e., OBL, FACW, FAC) and typically elevated above obvious wetland areas were delineated as potential wetland areas. These areas were typically borderline in meeting wetland soils and hydrology criteria (potential wetlands). 3. Areas that had scattered stands of obligate wetland species (e.g., sandbar willow) but typically did not meet soils or hydrology criteria (potential uplands). 4. Sites that were clearly elevated above wetland or potential wetland sites and did not meet the soils, hydrology, and vegetation criteria (uplands). These 4 types closely correspond to the following plant communities: 1. Wetlands - Typha latifola Scirpus validus Scirpus americanus/Eleocharis spp. Carex nebraskensis/Juncos balticus Juncos balticus/Carex praegracilis 2. Potential Wetlands - Distichlis spicata/Panicum virgatum Distichlis spicata/Juncos balticus Distichlis spicata 3. Potential uplands - Salk exigua/Bromus japonicas 4. Uplands - Sporobolus cryptandrus/Distichlis spicata Sporobolus cryptandruslAgropyron intermedial Kochia scoparia Each unit was reviewed in the field. All areas dominated by the plant communities in the first type were considered jurisdictional wetlands and not sampled if there was standing water or the soil was saturated to the surface. In the remaining areas a community sample approach was taken. Plant communities were sampled until the investigators were confident that a particular plant community was or was not a jurisdictional wetland on this site. \sterling\determ.612 3 61 SOILS AND VEGETATIC EXHIBIT I/J (CONT.) PRELIMINARY JURISDICTIONAL WETLAND DELINEATION STERLING READY MIX PROPERTY RESULTS Approximately 56 acres of jurisdictional wetlands were delineated for the site (Figure 3). The majority of the potential wetland areas were determined not to meet the criteria for jurisdictional wetlands. The majority of the areas previously determined to be wetlands were determined to be jurisdictional wetlands. The results of the delineation are summarized in Table 2. Table 1 is a list of species abbreviations used in the summary. COMMENTS Much of the area previously mapped as potential wetland and subsequently as upland was dominated by saltgrass. This species (Dirtichlis spicata) is listed as both FACW (seashore saltgrass) and NI (inland saltgrass) by FWS for Region 5. In bordering Region 8, saltgrass is assigned a facultative indicator, and it is noted that this assignment was based on limited ecological information. Saltgrass is a notoriously poor indicator of jurisdictional wetlands. Most areas dominated by saltgrass on the Sterling Ready Mix site did not meet the hydrology criteria for jurisdictional wetlands. \sterling\determ.612 4 62 SOILS AND VEGETATIC EXHIBIT I/J (CONT.) Table 1. The following species abbreviations are used in this report: Asclepias speciosa ASSP _ Bromus japonicas BRJA Carex praegracilis CAPR Cif-shun arvense CIAR Crepis runcinata CRRU Distic/tlis spicata DISP Equisetum hycrnale EQHY Glycynhiza lepidota GLLE Junctts balticus JUBA Kocltia scoparia KOSC Panicum vngaturn PAVI Plantago major PLMA Pact pratertsis POPR Salir exigua SAEX Scirpus americanus SCAM Spartina peclicnata SPPE Sporobolus cpptandrus SPCR Toxicodendron rydbergii TORY • 63 SOILS AND VEGETATION EXHIBIT I/J (CONT.) O - .: O N ,a z:3 Z:r. � :,�: W,,,, ::: 7 3 3 3 7 7 7 3 7 3 3 , N co G . 1--4 . .. - Q b <_O 3 3 3 �•W 4 4 a 0. d 0. x = 0. 0. 0. W.tJ — cJ V C 0 u d U V co = N v ,_ N .0 co - a Pa 1 Y W L.4 a J 7 J W 111 1-.. N N C 0 0 V T: !a^1 Q 4d— ;'0 0 of >.Y «..... '. 6. 0. N Y '.:..6..D v Cl '1:0:.4 .. 4a V . V Y J -. <iz,N . GJ -- 3 T 70 o �^o •�••� ,z 4 U V J U J J U J U V J U U V U U a U V V J J V U V V J J U J U — U. 4 m CO m m < m 4 4 d < < m m < m m <CO .':t7 ... a` � O X 0 0 SOIL S O Y- u. W . W A LL ti� Q O Y. IA. � O 0 0 T W p.. Z b a a F• <I- 0. 0. d K <X 4 < 0. <.-. no. < 4 0. < W W Q X W.-.W W X 4 ^X i::.X_.Z .. N Cu m 0. m < H m > V) m> 0:N S H 14 X J 0. m< < . 0. .J < m >< A < :;: 4/1 ,-.J < 7U •� 7 < 74 et,-. ...) LO .-. J J0. 7U < 0. JU 7 <U J'•'; <Q -1 U - N 0 - 0. 0 - 0. 000. < O 0. 1J Cu') -%vs U 0. 1) U Cu) -, 0. N 0) — pS.J o ., W,......:. ,:::.:i 0."1-.,,:i'... w w r N w r4 w N M 5 6 i __ o O .O CI 64 SOILS AND VEGETATIr"' EXHIBIT I/J (CONT.) <:z:,,;;: :::aN.:t4ti''; 7 7 7 7 7 7 7 7 7 ''i:SW:x:r:. :, OC:i 'S:;;'. `:?i1L'::.:t N7 O':::: - < ':'" 3 3 7 7 7 Q 3 3 a <:> w;; a a a d d d a W x : C p, t, t— U co V1 O r w r r . . 1. J W I, N O Z : O C) N O '•T.6 'C. 0 N .- N N N ^ M N a.;� .. 0 Q w 7 ca a z , Q x z x N 7 J r r r >- z w N n 7 0- 0 a z Q 7 3 7 3 3 J J 7u 7 7 3 7 U J 7 , U J J U J _ p U U U U U U U V V U V V U Q m U Q 0. m m u .., l W l �Q,_ 0 0 l I*- .Qi W LL w 'C 1• LL O 'C LL , 7 0 • O C Ca o N W Z O K d II 0 x vl _ Q X W w u.-., 0. 'C 4 U) d W K d a Q - W C) >- 0. U X 6. X 7 x J 0. J Cl_ — m U J ? N J U N U ', 7 W U lee0 N U) W N U u Q .J CL J d — 7 U J d �. -1 d 0 d C Q Q d 0 a, 0 'Q — 6/ J C7 N u [n O `") N 0d 000 00 W CI. VI VI H- O Y fn O N 3 0 4 II 3 7 • n u CJ _ w nl 3 ..I W N M .t In •— •- � = 11 'Co.., ' —' ' ._a —I J S Z O q 3 N E 7 V 10 a n. n I II 65 SO'LS '1ND VEr2ETI\I'r'l FYWIRIT 1(� �( (1NT ...51 iq ..4,c ;,� 1122 ,. : I f t. 442,IC-/'"Subl/elcc`- �� PI L.A 1 i t 7.,20 0 4029L 4024 iaging Sta Site Location /`\ Bing 514 _ �i �—�'�IN 4' 04.3 - "/4 _ 1 �L 4429 0 _ a I i --f . . e -- -Li i - v q I i i 3 6 I \ iiI P / 1 35 CAI , L. li I. I' I T 0 31 FIGURE 1. LOCATION Sterling Ready Mix T 66 North April 1992 Scale: 1" = 2000.0 ft. NO SOUTH PLATTE P r 0 sI r • r r • r r r r rrr ®array IN r +t r r * r �peD u ®• r 00 • SP U . Ge VIII W 88.' W u s W u • `a/ Wil dd U • U V „ —ieLL — . . .. / r w �u • � DUI 24 r r �� U �I �'W it U 4� BLJ1. PASS Cry-./A I 9g4NCh N N N /W`M1'4� C/ l� — — / O CN -----__.---CIii AZ TOTAL AREA 182.83 RIVER AREA 36.47 �9. DELIN AREA 144.16 Z COONS WIANDS 55.25 UPLANDS e26 1 PONDS 0.45 I MINED AREA 101.11 0 U 29.57 UPLANDS T05 POND 006 UNDISTURBED 43.05 WETWIDS 31.54 UPIAND9 11.05 PONDS 0.35 L E G E N D STERLING READY-MIX CONCRETE COMPANY PROPERTY LINE W Wetland — U Upland WETLANDS MAP _ 300 0 300 600 900 THE NE 1/4 AND PART Of THE SE 1/4., SECTION 23, 1. 4 N.. I=I R. 61 W., 6TH P.M., WELD COUNTY COLORADO SCALE IN FEET EXHIBIT K - CLIMATE This information was downloaded from the Climatology Database at Colorado State University. The average Daily temperature is 49 . 8 degrees and the average precipitations amount is 13 . 11 inches per year. The Ft. Morgan is the closest data collections station to this property. SUMMARY OF MONTHLY CLIMATIC DATA FOR FORT MORGAN, COLORADO FOR YEARS 1975-1991 SUBSTATION NO. 53038 DIVISION 4 LATITUDE - 40° 15' LONGITUDE - 103° 48' ELEVATION - 4320 FEET MONTHLY MEAN AVERAGE TEMP(F) MONTHLY PRECIPITATION (IN) AVE. MAX. YEAR MIN. YEAR AVE. MAX. YEAR MIN. YEAR JAN 24.4 32.7 1981 13.2 1979 JAN 0.21 0.73 1990 0.00 1983 FEB 30.6 38.3 1991 20.9 1989 FEB 0.13 0.75 1987 0.00 1991+ -- MAR 39.3 44.9 1986 34.7 1987 MAR 0.77 2.66 1990 0.00 1985 APR 49.0 55.2 1981 42.7 1983 APR 1.23 3.40 1983 0.23 1988 MAY 58.4 62.5 1977 54.3 1983 MAY 3.06 6.46 1987 0.80 1989 _ JUN 69.3 73.5 1988 64.3 1983 JUN 2.09 3.82 1989 0.53 1980 JUL 75.7 78.0 1980 72.3 1990 JUL 1.83 6.20 1990 0.33 1983 AUG 72.8 78.5 1983 70.0 1979 AUG 1.67 3.34 1979 0.02 1985 SEP 64.1 67.8 1990 59.3 1985 SEP 0.90 3.12 1989 0.02 1978 OCT 50.7 54.5 1979 46.7 1984 OCT 0.64 2.52 1984 0.00 1980 NOV 36.8 43.1 1981 26.1 1985 NOV 0.48 1.36 1991 0.00 1984+ DEC 26.4 36.0 1980 13.1 1983 DEC 0.25 0.66 1982 0.00 1991+ ANN. 49.8 52.1 1981 47.4 1985 13.11 18.86 1990 9.01 1976 68 EXHIBIT L RECLAMATION COSTS Reclamation costs are estimated assuming that the greatest area of disturbance will exist when the Plant Site/Shop area is disturbed and approximately 70% of the area is mined and partially reclaimed. At that time we will have to replace 13 , 970 cubic yards of topsoil, and revegetate 20.78 ac. ±. The table below outlines the various areas of disturbance at that time. The amount of topsoil that will be re-spread is based on an average of 5 inches. These figures are then used in the calculations for the bond amount. STAGE TOTAL SOIL DEPTH NEEDS RESOILING 20.78 5" NEEDS SEEDING 20. 78 FERTILIZER 20.78 GRADING/SHAPING 20.78 ROAD 3 . 03 UNMINED 103 .88 (NO RECLAMATION REQUIRED) LAKE 41. 78 (NO RECLAMATION REQUIRED) REVEGETATION COMPLETE 16. 19 RESOIL @ 5" 15, 970 CY TREES 250 ESTIMATED UNIT COSTS FOR RECLAMATION ITEMS: Unit Cost 1. Grass seed mix $3 . 04/lb @ 9 . 43 bs/ac 28 . 67/AC. 2 . Fertilizer (assumed; actual will depend on soil analysis) nitrogen-phosphate (18-46-0) @ $13 .20 per 100# and P2 05 (34-0-0) @ $5. 80 per 80# . . 19 . 00/AC. 3 . General Labor, 13 man hrs @ $8 . 00/hr . . . 104. 00/AC. 4 . Seed mixture drilling and mulch crimping . . 200. 00/AC. 5. Re-spreading soil and/or growth media with scraper, haul less than 500 0. 85/YD3 2/ 6. Grading and shaping 3 hrs/ac @ $80/hr. . . . 240. 00/AC. RECLAMATION COSTS 1. Grass seed cost, 20. 78 ac @ $28. 67/ac $ 595. 80 2 . Fertilizer cost, 20.78 ac @ $19 . 00/ac 394 .82 3 . General labor, 20.78 ac ± @ $104 . 00/ac 2, 161. 12 4 . Seed mixture drilling, and fertilizing, & crimping 20.78 ac @ $200. 00/acre 4, 156. 00 5. Resoiling, Haul distance - less than 500' 13 , 970 yd3 x $0. 85/yd3 11, 873 . 65 6. Grading and shaping, 20.78 ac. @ $240. 00/ac. 4 , 987 . 20 Net Total $ 24 , 168 .59 DM&G INDIRECT COSTS @ 19 . 2% 4 , 640. 37 TOTAL ESTIMATE $ 28 ,808 . 96 Approximate cost at 95% $ 27 , 368. 52 RECOMMEND BOND BE SET AT $27,400.00 1/ Cost of mulch is included in this cost. 2/ Figured using Cat Handbook and rental costs from local sources for 83% efficiency, 641-B scraper, for the western slope. EXHIBIT N OTHER PERMITS AND LICENSES REQUIRED 1. An Air Pollution permit will be applied for prior to commencement of operations. 2 . We will be applying for a NPDES permit to cover stormwater runoff as required. 3 . This is a dredge operation and ground water will be exposed so a Well Permit and temporary supply plan will be applied for. 4 . Proof of Weld County approval was received on December 23 , 1992 . 5 . A dredge fill permit (404) is required and will be applied for and a copy will be submitted when received. 6. A Storm Water Management Plan (SWMP) will be prepared when oper- ations start and be available for review at the scale house. 7 . We have contacted the Colorado Historical Society regarding a cultural review for archeological information. 70 EXHIBIT 0 SOURCE OF LEGAL RIGHT TO ENTER STATE OF COLORADO ) ss. AFFIDAVIT COUNTY OF LOGAN ) Robert C. McAtee, being first duly sworn upon oath, deposes and says: 1. He is President of STERLING READY-MIX CONCRETE COMPANY, INC. a Colorado corporation, and is empowered to act for and on behalf of said corporation in all respects in connection with any applications, petitions, contracts, correspondence, bonds or activities with or before the Colorado Mined Land Reclamation Board. 2 . The surface and mineral rights in and to the property known as the Orchard Pit is owned one hundred percent in fee simple by Sub- kite South. STERLING READY-MIX CONCRETE COMPANY, INC. will mine the property under a lease agreement with Sublette South. The lease is available for inspection at the offices of the corporation in Ster- ling, Colorado. 3 . The corporation is legally empowered to enter upon the sub- ject lands and to conduct mining operations for construction and deco- rative rock and other auxiliar !7 Robert C. McAtee SUBSCRIBED and sworn to before me this .? day of Wit %” , / , 1993 , by Robert C. McAtee, Presi- dent of Sterling Ready-Mix Concrete Company, Inc. , a Colorado corporation. { QT4 Notary Public riBLG Address: rGX 2,9/ _<-247/i-7 q, /o My commission expires: (Notarial seal) 71 EXHIBIT P OWNERS OF RECORD OF AFFECTED LAND - SURFACE AREA Sublette South 7860 E. Berry P1. Suite #202 Englewood, CO 80111 OWNERS OF SUBSTANCE TO BE MINED Sublette South 7860 E. Berry P1. Suite #202 Englewood, CO 80111 TOUCHING LANDOWNERS Jones, John Edward and Lu Ann Stoll, Mary Elizabeth 3826 Stocksbridge P.O. Box 312 Sugarland, TX 77479 Sterling, NE 68443 Motley, Roger D. and Jo A. Sublette South 47527 U. S. Highway 34 7860 E. Berry P1. Suite #202 Wiggins, CO 80654-5301 Englewood, CO 80111 (Orchard Meadows) Sublette Land and Cattle Company Connelly, Thomas H. & C/O Sublette General Partners Munn, Gurnee, III 7860 E. Berry P1. Suite #202 c\o Thomas Connelly Englewood, CO 80111 518 17th St. Suite 1000 Denver, CO 80202 Lower Platte & Beaver Ditch Company 319 Emerson Hillrose, CO 80733 72 EXHIBIT Q MUNICIPALITIES WITHIN TWO MILES None 73 EXHIBIT R NOTICE TO COUNTY COMMISSIONERS NOTICE OF FILING APPLICATION- c2 FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) OPERATION Car 'I NOTICE TO COUNTY COMMISSIONERS WELD COUNTY STERLING READY-MIX CONCRETE COMPANY INC. , (Operator) has applied for a reclamation permit from the Colorado Mined Land Reclamation Board ("the Board") to conduct mining operation in Weld County. The at- tached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Minerals and Geology ("the Division") and the local county clerk and recorder. The applicant proposes to reclaim the land to wildlife habitat. Pursuant to C.R. S. 34-32-116 (7) (j) the Board is required to confer with the local Board of County Commissioners before approving the post-mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within twenty (20) days of the date of last published 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 Division of Minerals and Geology, 1313 Sherman St. , Room 215, Denver, CO 80203 , (303) 866-3567 . Sterling Ready-Mix Concrete Company, Inc. February 15, 1993 Hand Delivered 74 EXHIBIT R (cont.) NOTICE TO SOIL CONSERVATION DISTRICT 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 DISTRICT STERLING READY-MIX CONCRETE COMPANY INC. , (Operator) has applied for a reclamation permit from the Colorado Mined Land Reclamation Board ("the Board") to conduct mining operation in Weld County. The at- tached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Minerals and Geology ("the Division") and the local county clerk and recorder. The applicant proposes to reclaim the land to wildlife habitat. Pursuant to C.R. S. 34-32-116 (7) (j ) the Board is required to confer with the local Soil Conservation Districts before approving the post- mining land use. Accordingly, the Board would appreciate your com- ments on the proposed operation. Please note that, in order to pre- serve your right to a hearing before the Board on this application, you must submit written comments on the application within twenty (20) days of the date of last published 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 Division of Minerals and Geology, 1313 Sherman St. , Room 215, Denver, CO 80203 , (303) 866-3567 . Sterling Ready-Mix Concrete Company, Inc. February 15, 1993 Hand Delivered 75 EXHIBIT S PROOF OF FILING WITH COUNTY CLERK AND RECORDER February 15, 1993 Weld County Clerk 915 10th Street Greeley, Colorado 80631 Re: Application for a Mined Land Reclamation Permit Dear Sir/Madam: We are delivering to you here with a permit application for the Orchard Pit to be operated by Sterling Ready-Mix Concrete Company, Inc. Five copies of the application are on file with the Division of Minerals and Geology. This copy of the application is delivered to you pursuant to 34-32-112 (10) (a) , Colorado Revised Statutes 1973 , as amended, _ which states in part: . . . .the applicant shall file a copy of such application for public inspection at the office of the county clerk and recorder of the county in which the affected land is located. Please acknowledge receipt of the copy of the permit application by signing in the appropriate space provided below. Yours truly, ENVIRONMENT, INC. Stevan L. O'Brian Enclosure RECEIVED THIS DAY OF February, 1993 , MLRB application for above mine, Weld County Clerk and Recorder By 76 11c %otvc" Platte anJ i taUtr gtoeil (ompang Hillrosalicracb 9N33 November 2, 1992 Rick L. Sandquist Sublette South 7860 E . Berry Place Englewood, CO 80111 Dear Rick: This letter shall serve to confirm that you, as the land owner, have informed us of the proposed dredge and fill operations in Section 23 , Township 4 North, Range 61 West of the 6th P .M. in Eastern Weld County, Colorado . This operation may take place within 200 feet of existing drainage ditches and structures of the Lower Platte and Beaver Canal Company, but not closer than 50 feet from the center line of said drainage ditch. It is acknowledged and mutually agreed by the parties hereto that there will be no injury to the rights of the Lower Platte and Beaver Canal Company and we have no objections to the proposed dredge and fill operation as described above. Sincerely Lower P e a Beaver Canal Company . Robert Tuck, President 77 PUBLISH-) NOTICE OF APPLICATION FIB..NG FOR A MINED LAND RECLAMATION PERMIT Pursuant to rules and regulations of the Colorado Mined Land Reclamation Board and the Colorado Mined Land Reclamation Act of 1976, H.B. 1065) , notice is hereby given that the Colorado Mined Land Reclamation Board will meet to consider an application by Sterling Ready-Mix Concrete Company, Inc, P.O. Box 1149, Sterling, Colorado 80751 to conduct a surface mining operation for sand and gravel on lands located in Part of the NE; NE:, SE: NE:, SW: NE;, NW4 NE;, AND NE4 SE;, Section 23 , Township 4 North, Range 61 West, 6th Principal Meridian, Weld County, Colorado. Mining is estimated to start in 1993 and to be completed in the year 2007 . The land will be reclaimed as private wildlife reserve. Additional information may be obtained at the offices of the Division of Minerals and Geology, 1313 Sherman Street, #215, Denver, Colorado 80203 , (303) 866-3567, or at the office of the Clerk and Recorder, Weld County, Greeley, Colorado. Written objections to the application must be received at the office of the Colorado Division of Minerals and Geology no later than 5 p.m. on the day of , 1993 . STERLING READY-MIX CONCRETE COMPANY, INC. Sterling, Colorado First Publication: Second Publication: Third Publication: Last Publication Published in 78 PROOF OF PUBLICATION 79 NOTICE TO ADJOINING LAADOWNERS CERTIFIED, RETURN RECEIPT REQUESTED (see Exhibit P for addressees) Dear: Re Sand and Gravel Pit, Orchard Pit Pursuant to rules and regulations of the Colorado Mined Land Reclamation Board and the Colorado Mined Land Reclamation Act of 1976, H.B. 1065) , notice is hereby given that the Colorado Mined Land Reclamation Board will meet to consider an application by Sterling Ready-Mix Concrete Company, Inc, P.O. Box 1149 , Sterling, Colorado 80751 to conduct a surface mining operation for sand and gravel on lands located in Part of the NE4 NE;, SE4 NE;, SW; NE;, NW4 NE;, AND NE; SE:, Section 23 , Township 4 North, Range 61 West, 6th Principal Meridian, Weld County, Colorado. Mining is estimated to start in 1993 and to be completed in the year 2007 . The land will be reclaimed as private wildlife reserve. Additional information may be obtained at the offices of the Division of Minerals and Geology, 1313 Sherman Street, #215, Denver, Colorado 80203 , (303) 866-3567, or at the office of the Clerk and Recorder, Weld County, Greeley, Colorado. Written objections to the application must be received at the office of the Colorado Division of Minerals and Geology no later than 5 p.m. on the day of , 1993 . Sincerely, STERLING READY-MIX CONCRETE COMPANY, INC. Robert C. McAtee President Article Number 80 CERTIFIED MAIL RECEIPL 81 LOCAL GOVERNMENT APPROVAL RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR OPEN PIT SAND AND GRAVEL MINING AND MATERIALS PROCESSING IN THE A (AGRICULTURAL) ZONE DISTRICT - SUBLETTE SOUTH WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 23rd day of December, 1992, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Sublette South, 7860 E. Berry Place, Englewood, Colorado 80111, for a Site Specific Development Plan and Special Review Permit for open pit sand and gravel mining and materials processing in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the El, Section 23, Township 4 North, Range 61 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Steve O'Brian, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24. 7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Weld County Comprehensive Plan Urban Growth Boundary Area Goals and Policies. The City of Fort Lupton has reviewed this proposal and has recommended approval of the request. m z b. The proposal is consistent with the intent of the Agricultural yZone District and is provided for as a Use by Special Review. 0 Z Rt Z Y C7 c. The uses which would be permitted will be compatible with the T 6 existing surrounding land uses which include irrigated yco a agricultural production, residences, a nursery and the Platte Q River. The uses which would be permitted will be compatible with the future development of the surrounding area as C7 permitted by the existing zoning. 921205 / 2 /L-0892, c-c.' i l. HI, 14e , P LOCAL GOVERNMENT 'PROVAL (cont) SPECIAL REVIEW PERMIT - SUBLETTE SOUTH PAGE 2 d. The property is located in the 100-year floodplain. Conditions of Approval and Development Standards address this concern. e. The applicant has demonstrated a diligent effort to conserve productive agricultural land in the locational decision for the proposed use. f. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review Permit for open pit sand and gravel mining and materials processing in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder' s Office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to exposing groundwater or diverting water out of priority, evidence shall be provided to the Department of Planning Services that either a gravel pit well permit or a substitute water supply plan has been approved by the State Engineer, Division of Water Resources. 4. Prior to the Special Review activity occurring on this property, evidence shall be provided to the Department of Planning Services that a dust abatement plan has been submitted to, and approved by, the Weld County Health Department. 5. Within 90 days of approval by the Board of County Commissioners, the applicant shall submit a road maintenance agreement for Weld County Roads 93.5 and 42.5 to the Board of County Commissioners for review and approval. 921205 83 LOCAL GOVERNMENT PROVAL (cont) SPECIAL REVIEW PERMIT - SUBLETTE SOUTH PAGE 3 — The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of December, A.D. , 1992. `J�fnn/' /// BOARD OF COUNTY COMMISSIONERS ATTEST: //V /Z��� WELD COUNTY, COLORADO Weld County/// Clerk to the Board sa. �? George Kennedy, Chairman BY: ��L�Y i N ( /� �",- L X.4 /af Deputy Clerk to the Boa Constance L. Harbert,- Pro-Tem APPROVED AS FORM: W. li Ki bil A �� C. Ki by / County Attorney Go . Lac % Lacy' (NV %` `lv O7 W. . Webster921205 84 LOCAL GOVERNMENT 'PROVAL (cont) SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS SUBLETTE SOUTH USR #990 1. The Site Specific Development Plan and Special Review Permit for open pit sand and gravel mining and materials processing in the A (Agricultural) Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The property shall be maintained in compliance with the requirements of the Army Corps of Engineers. 4. This item was deleted. 5. The operator of the facility shall have sufficient equipment available to implement the dust control plan approved by the Weld County Health Department. 6. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 7. Any required emissions permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odors. 8. No permanent disposal of wastes shall be permitted at this site. 9. Fugitive dust shall be controlled on this site. 10. The maximum permissible noise level shall not exceed the industrial limit of 70 dB(A) , as measured according to 25-i2-102, Colorado Revised Statutes. 11. Adequate toilet facilities approved by the Weld County Health Department shall be provided on-site for employees. 12. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. A vault system is adequate, but does require a permit. 13. Any required NPDES permit shall be obtained, and/or amended, from the Water Quality Control Division of the Colorado Department of Health, if appropriate for the increased operation. 14. The applicant shall remove, handle, and stockpile overburden soil, sand, and gravel from the facility area in a manner that will prevent nuisance conditions. 921205 85 LOCAL GOVERNMENT PROVAL (cont) DEVELOPMENT STANDARDS - SUBLETTE SOUTH PAGE 2 15. The operator shall provide a water supply approved by the Weld County Health Department for human consumption. 16. An Individual Sewage Disposal System Permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 17. A stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division, shall be obtained for all construction activities that disturb more than five (5) acres. 18. The property shall be maintained in compliance with the Weld County Flood Hazard Overlay District requirements. 19. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 20. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 21. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 22. The property owner or operator shall be responsible for complying with the operation policies of Section 44.4 of the Weld County Zoning Ordinance. 23. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 24. The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 25. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 921205 86 CERTIFICATE OF SECRETARY I, Marjorie L. McAtee, Secretary of Sterling Ready-Mix Concrete Company, Inc. , a Colorado Corporation, certify that on the day of .DecCnIA7e,- a -z , i 5 , the Board of Directors of the corporation consented to the following resolution, pursuant to Section 7-4-122 of the Colorado Corporation Code. The following resolution was proposed, seconded and unanimously adopted by the Board. RESOLVED, that ROBERT C. MCATEE, President of the corporation, is authorized to sign and execute for and on behalf of the corporation all applications, reclamation bonds, petitions, contracts, corres- pondence and any and all other documents to be submitted to and filed with the Division of Minerals and Geology under the provisions of the Colorado Mined Land Reclamation Act, Colorado Revised Statutes 1973 , as amended, Article 32 ; and FURTHER RESOLVED, that ROBERT C. MCATEE, President of the corpo- ration, is authorized and empowered to represent and act for the corporation in any capacity in connection with any acts or activities with or before the Mined Land Reclamation Board under the provisions of the Colorado Mined Land Reclamation Act, and any action taken by said Robert C. McAtee, for and on behalf of the corporation shall in all respects be considered the act of the corporation; and FURTHER RESOLVED, that ROBERT C. MCATEE, President of the corpo- ration is authorized to sign and execute for and on behalf of the corporation all applications for zoning, rezoning, special use per- mits, conditional use permits, special exceptions and any other forms required by county or city government relating to the corporation's mineral extraction activities. DATED this p1/2.1 day of /Z'r.r_tea re' , 1993 Marjo ie L. McAtee, Secretary SUBSCRIBED and sworn to before me, a Notary Public, this :)`11 day of -Ir-4..x , s_j My commission expires: z!C</ ,7 2, /25 Notary Public (NOTARIAL SEAL) / Address: l • ✓' '_r j / /0 'O7)7 87 REGULAR OPERATION (112) RECLAMATION PERMIT APPLICATION FORM CHECK Off: _XX New Application (Rule 2) , Amendment Application (Rule 1 .8) Conversion Application (Rule 1 .10) This 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) £1gntd copies of the signed application form, Five Copies of Exhibits A—S, and a check for the application fee described under (3) below. To expedite processing, please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or Print clearly, in the space provided, all information described below. 1 . Applicant/Operator Name: pr1ing_Eggdy_Mix ConQrele Companv.,_bnc .__ 1 .1 Type of Organization (corporation, partnership, etc.) : Corporatism____._ 2. Operation Name (Pit, mine or site name) : OrrjRLl Ell 2.1 I.R.S. Tax ID No. or Social Security No. : 84-061453 7 3. Permitted Acres : _$ 1j__ 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) : _Srmygl__ 5. Name of owner of surface of affected land Sublette South 6. Name of owner of subsurface of affected land Suplglte South_______ If 2 or more owners, refer to Exhibit P. 7 . Type of Mining Operation RX Surface _ Underground 8. Location Information. The center of the area where the majority of the mining will occur lies in: COUNTY: Weld PRINCIPAL MERIDIAN (check one) : {ll 6th (Colorado) _ 10th (New Mexico) _ Ute TOWNSHIP (write number and check direction) : T 4 XX NORTH _ SOUTH RANGE (write number and check direction) : R Al_ _ EAST _WEST SECTION (write number) : S QUARTER SECTION (check one) : NE NW X SE , SW QUARTER/QUARTER SECTION (check one) : _ NE _ NW XX SE _ SW GENERAL DESCRIPTION: (miles and direction 3.5 miles east_DfEestera. 4 miles sculh_of__ from nearest town and approximate elevation HWY 34 on WCR 93 . approx,_glgys 4430 -2- 9. Correspondence Information APPLICANTIOPERATOR (name, address and phone of name to be used on permit) Individual's Name: R2te C:_McA, gg Company Name: Stgrli g y,Mix Concr, _Co, . Ia.Q Street: Pty Box_1141 City : ---- State: Coiorld9_ Zip Code: 80751 Area Code: (303) Telephone: 522-6500 PERMITTIaVG CONTACT (if different from applicant/operator above) Individual's Name: Stevan L. O'Bliaa _ Company Name: —i✓Avikanmgnt. Street: —1985 Vans& Dry City: dada. State: Colorado Zip Code: 80203 Area Code: 303 Telephone: 423-2297 INSPECTION CONTACT Individual's Name: RotaL _MpAteg_____ _ Company Name: Sterling Reedy Itix CSLIMI .. Q_Co. . IIIc_Street: PLO, Pog_LA2�____ City : Sterling__ — State: Colorado Zip Code: 80751______ Area Code: —13Q3) Telephone: ___5.22-650a 1_ TE_Q.R F Mk_LAELUWNEE_Lii�ux1 Agency: Not app114ak1e — Street: City: —State: Zip Code: Area Code: Telephone: -- CC; STATE OR FEDERAL LAMlPQHNEL (ii_gnyi Agency: Not applj&able 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 Residential (RS) XX Recreation (RC) _ Industrial/Commercial( IC) (check one) : Developed Water Resources (WR) 11 . Primary present _ Cropland (CR) _ Pastureland (PL) General Agriculture (CA) land use xA Rangeland (RL) _ Forestry (FR) _ Wildlife Habitat (WL) (check one) : _ Residential (RS) _ Recreation (RC) _ Industrial/Commercial( 1c) _ Developed Water Resources (WR) 12. nntl_QXMininn: — Quarry (QR) _ Solution (SO) 12a. olhex: Briefly explain mining method (e.g. Placer, truck/shovel) . __gramal_xill_ e_dred& &1xQm deagail._lsadEra_and_tsucka_Kill_hflult___ 13. -On_Qike_nrQQgaaing: Solution (SO) _ Chemical (CH) _ Thermal (TH) _ Heap Leach (HL) Vat Leach (VL) 14. Apolijjtion Fgg: 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 than the application fee is $1 ,875 An applicant will not be issued a reclamation permit until notified by the Division that this application gng 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 days from the date the application 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 affect at the time the permit is issued. -4- Notice_Reauirgmtnt8 Immediately after 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 owner 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 the 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 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. 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 certify that the operation described herein has me.t 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) feet of the affected lands. However, where there is an agreement between the applicant/operator and the persons having an interest, in the structure that damage to the structure is to 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 thru a Board finding. -5- 4. I understand that the 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 57241 ,, day of ���/ ��-v-i�y , /975. Applicant/operator If Corporation Attest ;($ga,X);l(i r-.3: < 2 By: RohgrI_Cs McAteg B �_ .. kl 1y.•�� Title: Praidenr^ — Corpprate Secret'iy or Equivalent Town/City/Count f;,,C]er.k:,-", '.`' 7]1'.1'1 State of COLORADO ) ss County of LOGANv____) • µh The forgoing instrument was acknowledged before me this 0 days of 7fv€;a y , /2t" by .<< e C≤ /7;1 n�X f as , E.,,,,,di..'T"/ of Notary Public i5°' G _I/al-79/ � l-7 ' y1/k/(; • My commission expires : {2" "'Z 2 h// , fJ ter- 2823P bl� 2823P \ C,(12/92). ' ' Hello