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HomeMy WebLinkAbout952663.tiffEpviroinept, Iqc. LARRY E. O'BRIAN PRESIDENT February 1, 1995 Board of County Commissioners Weld County 915 Tenth St. Greeley, CO 80634 Re: Reconsideration of an application for a Mined Land Reclamation Permit 7985 VANCE DRIVE, SUITE 205A ARVADA, COLORADO 80003 303-423-7297 We are delivering to you here a Notice of Application and supporting documents for the Fort Lupton Pit to be operated by Aggregate, Inc., pursuant to rule 1.6.2, Colorado Mined Land Reclamation Board - Mineral Rules and Regulations. Please acknowledge receipt of this notice by signing in the appropriate space provided below and return a signed copy of this cover letter to the person delivering it. We need to submit this copy to the Division as proof of our filing with you. Respectfully Submitted, ENVIRONMENT, INC. Stevan L. O'Brian Vice President RECEIVED THIS 0 n� DAY OF February, 1995 Weld County Board of County Commissioners ByS iVlc e , ���,� ('D�,t . lzv�c� PL0261 852663 Cc, PL,66,cR NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT REGULAR (112) APPLICATION NOTICE TO COUNTY COMMISSIONERS Weld COUNTY Aggregate, Inc. (Operator) has applied for a reconsideration of 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 (DM&G) ("the Division") and the local county clerk and recorder. The applicant proposes to reclaim the land to pasture, wildlife habitat and pond. 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 publication of notice pursuant to C.R.S. 34-32-112(10). If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please contact the Division of Minerals and Geology, 1313 Sherman St., Room 215, Denver, CO 80203, (303) 866-3567. Aggregate, Inc. • VICINITY MAP - EXHIBIT B FRONT RANGE GRAVEL PIT B-1 0 4892 .900 4932 JJ!I i 1u1 ILort Lu IBM 49 17 PUBLIC NOTICE Aggregate, Inc., P.O. Box 47, Henderson, CO., 80640, (303) 286-8044, has requested reconsideration of a previously approved reclamation permit by the Colorado Mined Land Reclamation Board under the provision of the Colorado Mined Land Reclamation Act. This is done in accordance with Rule 4.1(2) of the Minerals Rules, which state: No permit may be issued pursuant to the Act until the Board or Office receives and approves the Performance and/or Financial Warranties required herein. If these warranties are not received within one calendar year of approval of an application for any new permit, the Board shall hold a hearing to reconsider the previous approval. The proposed mine is know as the Fort Lupton Pit, an is located at of near Section 12, Township 1 North, Range 67 West, 6th Principal Meridian, Weld County, Colorado. The Fort Lupton Pit was previously approved by the Board on December 11, 1991. The proposed date of commencement is April, 1995 and the proposed year of completion is 2012. The proposed future use of the land is wildlife habitat, pasture and ponds. Additional information and tentative reconsideration date may be obtained from the Division of Minerals and Geology, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567 or at the Weld County Clerk of the Board of County Commissioners; 915 Tenth Street, Greeley, Colorado or the above named applicant. Comments must be in writing and must be received at the office of the Division of Minerals and Geology by no later than 4:00 p.m. on the 17th day of March, 1995. Epvircpept, LARRY E. O'BRIAN PRESIDENT February 15, 1994 Weld County Clerk of the Board 915 Tenth street Greeley, Colorado 81416 Re: Reconsideration of an application for a Mined Land Reclamation Permit Dear Sir/Madam: 7985 VANCE DRIVE, SUITE 205A ARVADA, COLORADO 80003 303-423-7297 We are delivering to you here with a copy of an approved permit application up for reconsideration for the Fort Lupton Pit to be operated by Aggregate, Inc.. Copies of the application are on file with the Division of Minerals and Geology (DM&G). 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 applica- tion by signing in the appropriate space provided below and returning one copy of this letter to the person delivering the book. Please hold the book for picked up after the application has been heard by the MLRB (approx. 120 days) Yours truly, ENVIRONMENT, INC. STIVAN L. O'Brian Englo RECEIVED THIS � —DAY OF a , 1995 MLRB application for above mine. Pi � c_ iewct. tei By 5k / Y tfip /,P Weld County Clerk or the Boom AGGREGATE, INC FORT LUPTON PIT MLRB PERMIT # M-85-088 WELD COUNTY, COLORADO MAY, 1985 DECEMBER, 1991 FEBRUARY, 1995 Mined Land Reclamation Permit Application APPLICATION_& REPORT FOR... FRONT RANGE SAND & GRAVEL OPEN CUT GRAVEL PIT PART OF WZSW! , SEC. 7, T1N, R66W AND PART OF E4SE' , SEC.12; NE' NW' , SEC. 12; AND PART OF THE W=SE4, SEC. 1, ALL IN T1N, R67W, WELD COUNTY, COLORADO MAY 31, 1985 SUBMITTED BY: FRONT RANGE SAND & GRAVEL C/O JERRY RHEA 5251 EAST 78th AVENUE COMMERCE CITY, COLORADO 80022 PHONE: 288-6854 PREPARED BY: McRAE & SHORT, INC. 1227 - 8th AVENUE GREELEY, COLORADO 80631 PHONE: 356-3101 PROJECT NO. 85013 TABLE OF CONTENTS ITEM TABLE OF CONTENTS APPLICATION FORMS 1. Colorado Mined Land Regular Impact 2. Weld County: Use By A B C E. F. G. H I J L P Q Reclamation: Special Review GENERAL INFORMATION 1. Report Information 2. Location and Access 3. Topography 4. Drainage and Flood Plain 5. Zoning LEGAL DESCRIPTION VICINITY MAP PRE -MINING PLAN 1. Subsurface Soils Investigation 2. Pre -Mining Plan Map (Back Pocket) PROPOSED MINING PLAN 1. Sand & Gravel Resources 2. General Operating Methods 3. Operations Phasing 4. Time Schedule 5. Site Disturbance. 6. Mining Plan Map (Back Pocket) RECLAMATION PLAN RECLAMATION,.PLAN MAP (Back Pocket) WATER INFORMATION WILDLIFE INFORMATION SOILS INFORMATION VEGETATIVE INFORMATION RECLAMATION COSTS OWNERS OF RECORD OF SURFACE & SUBSURFACE RIGHTS APPENDIX 1. Source of Legal Right to Enter 2. Local Government Approval 3. Other Permits & Licenses 4. Adjacent Landowners MAP POCKET 1 2-5 A - 1 B - 1 C-1 -- C-18 D-1 -- D-4 E-1 -- E-3 G - 1 H-1 -- H-2 I-1 -- I-3 J-1 L-1 P-1 -- P-4 Q-1 -- Q-6 Q-2 .. Q-3 Q-4 McRAE & SHOi.., INC. ,?.?.1227 • 8th Avenue 5""''�Greele Colorado 80631 :„Telephone (303) 356.3101 Engineering, Surveying, Planning & Land Development May 31, 1985 PROJECT N0. 85013 Colorado Department of Natural Resources ,Colorado, Mined;,_Land_ Reclamation,.. Board 1313 Sfierman Street` ' "" ' ' Denver, Colorado 80203 RE: APPLICATION FOR OPEN GRAVEL PIT SOUTHWEST OF FORT LUPTON, WELD COUNTY, COLORADO Gentlemen; Enclosed are four (4) copies of the application form and all attachments for your review of this project. Also enclosed is a check for $1585.00for the application fee. An application is being made concurrently to the Weld County Commissioners for review and issuance of a Special Use Permit including Development Stan- dards. A copy of this action and permit will be forwarded for your files as soon as complete. Please advise us if any additional information is required and of the proper procedure to complete this application. Respectfully, Front Range Sand & Gravel McRae & Short, Inc. Gerald B. McRae, P.E. & L.S. Colorado Reg. No. 6616 DEP TMENT OF NATURAL RESOURCES D. Mon. ascot. Executive Director MINED LAND RECLAMATION DIVISION DAVID C. SHELTON Director REGULAR (112) PERMIT APPLICATION FORM • - State of Colorado -'- - Department of Natural Resources MINED LAND RECLAMATION BOARD AND DIVISION 1313 Sherman Street, Room 423 Denver, Colorado 80203 (303) 866-3567 Application -for Mining and._. Reclamation Permit, Pursuant to 34-32-101 et sea., C.R.S. 1971, as amended. (Type or Print Clearly) 1. Name of Operation (pit, mire or site name) FRONT RANGE SAND & GRAVEL FORT LUPTON PIT 2. Name of Applicant/Operator (name to be used on permit) FRONT RANGE SAND & GRAVEL 3. Address and Phone Number of Local Office OFFICE & PHONE AT SITE BILL McQUEARY.MANAGER PHONE: 857-2167 4. Address and Phone Number of General_ Off i ce _ ,. 5. Name and Phone Number of Person Staff Members Should Contact -. 'BILL MCQUEARY 'PHONE 857-2167 6. Parent Corporation, If Any (include name and address) NONE 7. Owner(s) of Record of Affected Land (surface area) (if more than two, list in EXHIBIT P) ACKERSON ESTATE, GERRY DREILING,FREDA L. OREILING AND MYRNA K..SIABASZEWSKI — — 8. Owner(s) of Substance to be Mined (if more than two, list in EXHIBIT P) SAME AS ABOVE 9. Source of Legal Right to Enter MINING LEASE BETWEEN OWNER & OPERATOR SUBJECT TO STATE (indicate what type of proof is included in EXHIBIT 0) See AND COUNTY APPROVAL OF MINING OPERATION 34-32-112(2)(d) 9. Type of Mine and Substance to OPEN PIT ---SAND & GRAVEL be Mined (specify underground, open pit, quarry, etc. and substance(s) to be mined) 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 •R (,UwtR (111) PERMIT APPLICATIC FORM 11. General Location and Elevation (miles ,and`direction from neares n and approximate site eleionl 1.5 MILES SOUTHWEST OF FORT LUPTON SITE ELEVATION 4910 !«!; " .Y 2. County WELD COUNTY 1a Total Surface Acreage to be In- cluded in Permit. (see Rule 1.1(2f 200 ACRES lb. Total AcreageofAffected Lands (see Rule 2.11(14)) 185 ACRES 4. Application Fee (see RULE 2 to determine amount, based on permitted area) $1585.00 5. Present Land Use (i.e., agri- cultural, industrial, etc.) 30 ACRES, FALLOW AND IMPROVEMENTS 40 ACRES ALFALFA; 130 ACRES RIVER BOTTOM PASTURE 5. Surrounding Land Uses AGRICULTURAL 7. Proposed Future Land Use (final use after reclamation) CONSERVATION AND OPEN SPACE 8. List Mining Operations Currently NONF In Violation of the Act. (see 34-32-120) 9. The Lands Herein Do Not Affect Nn SUCH LANDS WITHIN PERMIT AREA any of the Lands Described in Section 115(4)(f) of the Mined Land Reclamation Act. (specify _ affirmation) MAPS AND EXHIBITS .th each of the five (5) copies of the application form, the applicant must submit a correspo: ig set of the raps and exhibits outlined in RULE 2, as follows; '. EXHIBIT A - Legal Description -- 7. EXHIBIT B - Index Map i. EXHIBIT C - Pre -mining and Mining Plan Map(s) of Affected Lands 1. EXHIBIT D - Mining Plan i. EXHIBIT E - Reclamation Plan ;. EXHIBIT F - Reclamation Plan Map '. EXHIBIT G - Water Information 1. EXHIBIT H - Wildlife Information S. EXHIBIT I - Soils Information EXHIBIT J - Vegetation Information EXHIBIT X - Climate EXHIBIT L - Reclamation Costs 1. EXHIBIT M - Compliance with Local Zoning ) See 34-32-115(4)(e)& 109(6 t. EXHIBIT N - Other Permits or Licenses ) See 34-32-115(4)6(4)(c) I. EXHIBIT O - Source of Legal Right to Enter ) See 34-32-112(2)(d) i. EXHIBIT P - Owners of Record of Surface and Subsurface Rights) See 34-32-112(2)(b)&(c) FORM NOTICE OF PROCEDURES tti ; After the •placation is considered "filed" (pursuant to RULE 1.1(20)) with the Mined Land Reclamation)'Division, notice procedures outlined in RULE 2.2 must be followed. (Format for such notices will be included in the letter you receive from the MLR Staff informing you of completeness ("filing") of your application. --< --- - - ADDITIONAL INFORMATION.- - Thfi space can be referenced for further information of any of the items in this form. To the best of my knowledge, all the information presented in this application is true and correct. (Rev. 1/9/82) BY: T LE: e (Signature by individual legally authorized c: bind the operator to this application) DATE: 5///g,5" S.J. McRAE & SHOW', INC. ":'1227 '=8th Avenue 4,Greeley, Colorado 80631 '0-J•Telephone (303) 356.3101 Engineering, Surveying, Planning & Land Development May 31, 1985 PROJECT NO. 85013 Weld County Department of Planning Services Centennial Center Greeley, Colorado 80631 RE: SPECIAL USE PERMIT APPLICATION FOR OPEN CUT MINE PERMIT FRONT RANGE SAND & GRAVEL SOUTHWEST OF FORT LUPTON Gentlemen; Enclosed are copies of the application form and supporting information for your review of this project. Also enclosed is a check for $600.00 for the application fee. An application is being made concurrently to the Colorado Mined_Land Reclamation Board. We will keep you informed of the progress and requirements of this Board. Please advise us if any additional information is required. Respectfully, Front Range Sand & Gravel McRae & Short, Inc. Gerald B. McRae, P.E. & L.S. Colorado Reg. No. 6616 Date Application Received: WELD COUNTY, COLORADO SPECIAL USE APPLICATION For OPEN CUT MATE PERMIT (gravel pits, etc.) %Veld County Department of Planning Services 915 - 10th Street, Greeley, 0U Phone 356-4000 EXIT 400 For Department of Planning Services Use Only Case Number: PC Hearing Date: ,..Township: ... North, 'Range:` Zoning District: Recording Fee: Recording Fee Receipt II: Application Reviewed By Permit Fee: - West Receipt Number: To De Completed by APPLICAfrr in Accordance With Procedural Guide Requirements: 1. I (we), the undersigned, hereby request a hearing before the Weld County Planning Cawnission concerning a proposed Open Cut GRAVFL (gravel, coal, borrow pit, etc.) mining operation for the following described unincorporated area of Weld County. LEGAL DESCRIPTION: PART OF THE WEST HALF OF THE SOUTHWEST QUARTER, SECTION 7, TOWN -- SHIP I NORTH, RANGE 66 WEST; AND PART Oh THE EAST HALF OF THE SOUTHEAST QUARTER, SECTION 12. NORTHEAST QUARTER OF TH EE7pp NORTHWEST QUARTER, SECTION 121 AND PART OF THE WEST OFTHE SOUTHEAST COLORAUURS Fp❑❑pp. SECTION 1. ALL IN TOWNSHIP 1 NOR1I1, RANGE67 WEST WELD COUNTY, TOTAL ACIREAGE:185 ACRES' 2. Surface owner(s) of area of land described Name: ACKERSON ESTATE Address: 4025 WCR No. 23 Phone: 857-2584 C/O GERRY DREILING - . FORT IUPTON. CO.80621 659-1432 3. Owner(s) of mineral rights to substance to be mined Ilame:FRONT RANGE SAND d Address 5251 E. 78th AVENUE Phone: 288-6854 . GRAVEL C/0 JERRY RHEA' COMMERCE LILY, LU.80022 4. Source of applicants Legal Right t_enterdd_�t mine on the land �I ?e MINING LEASE BETWEEN OWNER & OPERAIONS &UBJt.CT PO STATE Id COUNTY APSI�U �f MINING OPERATION - DRAFT ATTACHED (Attach Certified Copy of any Document noted to the Back of This Fonn) 5. Address of applicant and general office Applicants address:FRONT RANGE SAND d GRAVEL Phone: 7RR-finca ` General Office address: SEE nn i AR0VF Phones 6. Identify any prior permits for open cut mining held by applicant or affiliated person: NONE 7. Description of Operation a. Types and number of operating and processing equipnent to be employed: 1 - 200 TON/HR.; CRUSHER WITH SCREENS & WASHING; DRAGLINE. SCAPERS, TRUCKS d LOADERS b. Maximum number of employees: S - 10 , and number of shifts: 1 c. Number of stages t e worked: TWO , and pet is of time each is to be worked: rriASE 1 -- 8 YEARS; PHASE 2 -- 8 YEARS d. Thickness of mineral deposit: 15 - 40' ove.. rJrden: 1 - 5' e. This will be a wek/dxy pit operation WET AND DRY f. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point(s) (must be coordinated with County Engineer): STATE HIGHWAY NO.52; . 1 MILE WEST OF U.S. 85 AT FORT LUPTON. feet, and thickness of the 8. Description of Rehabilitation a. Proposed rehabilitation land use(s)PONDS, PASTURE & OPEN SPACE b. Source of technical advice for reclamation:SOIL CONSERVATION SERVICE; COLORADO DIVISION OF WILDLIFE c. Explanation of Reclamation Process: 1. TOPSOIL REMOVED AND STOCKPILED. 2. OVERBURDEN MOVED TO PREVIOUSLY MINED AREA AND PLACED ON BANKS OF POND. 3. BANKS SHAPED AND TOPSOIL REPLACED 4. PLANTING AND RECLAMATION ALL ABOVE ITEMS CONTINUOUS WITH MINING OPERATION I hereby depose and state. under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD STATE OF COLORADO FRONT RANGE SAND & GRAVEL: Owner/Authorized Agent %- s subJ�day of scriBed and sworn to before me this O T ,•. `SEAL My Commission expires ivc, y e 19S. — NOTARY PUBLIC n27_87:57 AAA. 6redee, Co 806 3/ GENERAL SPORT INFORMATION: Front Range Sand & Gravel Company has leased the minerals on the subject property from the Ackerson Estate and proposes to mine sand and gravel at the site. This application is being submitted to the Colorado State Mined Land Reclamation Board in order to obtain a Rugular 112 Permit for the operation. An application is also being submitted to Weld County for approval of a "Special Use Permit". We have prepared this report to provide background information on the site and to outline the nature of the proposed operation for review by the above authorities. 2. LOCATION & ACCESS: The subject property consists of 200! Acres and is located approxi- mately 1-1/2 miles Southwest of Fort Lupton, Colorado. Access to the property is on State Highway No. 52, 1 mile. West of U.S..85. These highways are paved. Field roads presently serve the areas to be mined and these will be improved and gravelled to serve the oper- ation. The property is zoned Agricultural. 3. TOPOGRAPHY: The proposed operation consists of three separate areas. Area "A" on -the North end consists of 15 Acres of land and lies between the access road and the Lupton Bottom Ditch. The land is fairly flat and presently unused. There are some older buildings and corrals on this property. Due to the location of the access, the narrow configuration of this area, and the fact that most of it lies above the flood plain, this area will be used for the office, scales, and equipment maintenance and storage. Some secondary use may be made of this site for smaller material stockpiles. 1 TOPOGRAPHY: CONTINUED) Area's"8", consisting of 40f Acres, will be the first area mined. It is tie in alfalfa. The land is flat, containing small irriga- tionditches. The tract falls to the Northeast at about 0.4%. Area "C" consists of 130- Acres in the Southeast part of the site. Presently this area contains 7.5 Acres in cultivation, with.the remainder as river bottom pasture. The South Platte River lies along the Easterly boundary of this tract. The Big Dry Creek and Lupton Bottom Ditch join at the Southwest corner of this area and take an extremely meandering course across the tract to the North. There is a variety of trees scattered throughout this area. 4. DRAINAGE AND FLOOD PLAIN: There are no major drainage ways across the property other than the Big Dry Creek described above. All of Area "C" lies within the 100 - Year Flood Plain as shown on Flood Insurance Rate Map Community Panel No. 080266-0981-C (September 28, 1980) and prepared by the Federal Emergency Management Agency. With the flood elevations determined, it appears the flooding depths across the property would probably be less than 1 foot. 5. ZONING: All adjoining uses are agricultural and the nearest residences are about 1/4 mile from any of the proposed mining operation. LEGAL DESCRIPTION That part of the Southeast Quarter of Section 1, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado lying West of the Lupton Bottom Ditch. AREA "B": The Northeast Quarter of the Northwest Quarter of Section 12, Town- ship 1 North, Range 67 West of the 6th P.M., Weld County, Colorado. AREA "C": The East Half of the Southeast Quarter of Section 12, Township 1 North, Range 67 West of the 6th P.M., and the West Half of the South- west Quarter of Section 7, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, lying West of the South Platte River. AREA "D": Access roads across the Southeast Quarter of the Northwest Quarter and the Southwest Quarter and the Southeast Quarter, all in Section 12, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado. EXHIBIT A A - 1 0 I • VICINITY MAP - EXHIBIT B FRONT RANGE GRAVEL PIT 0 4892 J. - pa:. ,. 32 • 4932 rt Luptot 18M 4914, f L. 8 17; o LOU-REY Geotechnical Engineering Soil & Foundation Engineering 665-2651 Sub -Surface Soils Weld County, 468-3392 Investigation Colo. Prepared For: Mr. Jerry Rhea Mr. Glenn Salmons Quality Paving Co. Broomfield, Colo. 80020 File No. 84-1209 Gravel Pit Exploration Fort Lupton, Colo. Lou -Rey Geotechnical Engrs. P.O. Box 207 Broomfield, Colo. 80020 3 TO: LOU-REY Geotechnical Engineering Soil & Foundation Engineering 665.2651 Mr. Jerry Rhea Mr. Glenn Salmon c,7uality--Paving- Cd 11780 Old Wadsworth Ave. Broomfield, Colo. 80020 466-3392 Subject: Sub -Soil Investigation Gravel Pit Sites. Fort Lupton, Colo. Project No. 84-1209 Lear Sirs: December 20th, 1984 In accordance with your request of November 30th, 1984, we Have conducted a sub -soil Investigation at the proposed Gravel mining rites, located just west of Fort Lupton, Colo. The purpose of this investigation was to determine the suit- ability of the granula±.materials for use as aggregate for Bases and aggregate for Hot Plant Mix -Bituminous Pavement. It is our opinion -in particular the 40 acre parcel -is suit- able for the proposed mining and crushing operation. If we may be of any further assistance, please, do not hes- itate to call. Very truly yours ou-Rey l /241 7P17 Geotechnical Engrs. P.O. Box 207 Broomfield, Colo. 80020 C - 2 LOU-REY j Geotechnical Engineering Soil & Foundation Engineering 665-2651 466-3392 General The -:.following repor.pr_esen.ts-the results of.a sub -surface Soils Investigation on, property located just west of Fort Lupton, Colo.; in particular - Parcel 1, 80 acres, Legal -West% SW% of Sect 7 T'"" R66 W of 6th Pi4. Parcel 2, 80 acres, Legal - East Si % of Sect 12, T1N R67 W of 6th PM. Parcel 3, 40 acres NE % NW ;, of Sect 12 T1N R67 W of 6th PM. Parcel 4, 200 acres Sect 11 & 12 T1N, h67 W of 6th PM. The purpose of this investigation was to obtain the technical information and soils property data necessary for the proposed mining and crushing operation. The conclusions and reco- mendations presented in this report are based upon analysis of field and laboratory data and experience with similar soils in the general vicinity. Field Investigation Thirteen exploratory test borings were drilled on December 10th, 1984 the borings were made with a 4 -inch power auger under the super- vision of one of our Soils Engineers. The depth penetrated by these borings was to a maximum of 52 feet. Nine test pits were excavated on December 11th, 1984, test pits were dug with a 1;4 yd hydraulic BackHoe. Pits were dug to approximately the 8 to 10 foot depth. Soil samples were visually identified in the field and subsequently checked in the laboratory. The logs of the test borings and Test Pits are included in the Appendix. Soil and Site Conditions The sites explored were located along the river and were fairly level with heavy weed and grass cover, and are presently used as pas- ture and farming purposes. Test borings one thru 5 were drilled on Parcels one and two consisting of 160 acres. Test borings 5 thru 13 were drilled on Parcel 3 consisting of 40 acres. Parcel one and two C - 3 LOU-REY J Geotechnical Engineering Soil & Foundation Engineering 665-2651 466-3392 were covered with a 6 to 8 inch layer of dark brown silty clay, moist and organic (top soil), beneath this layer to depths as deep as 10 ft • -is a -`Dark brown to --brown Sandy -Clay -,-wet and-med stiff. At about the 10 foot depth there is a Reddish -brown coarse sand, moist and med-dense, with rock size to 1". This layer extends to the bedrock with is a buff - colored Sandstone of med-hardness, which varies from 28 to 33 feet. Test borings 5 thru 13 were drilled on Parcel 3-40 acres, which is presently used as Alfalfa ground. This parcel is covered with a 6 to 12 inch layer of Dark Brown Silty -Sandy Clay, moist and firm. Be- neath this layer to a depth of 6 feet in the south half is a Dark bron to brown sandy Clay, moist and med-stiff. The overburden mat- erails are shallower in depth in the north half of the Site. From the 2 to 6 foot depth is a Reddish -Brown Coarse sand and Gravel, with rock size to.4 inches. Extending to the bedrock -sandstone which varies from 24 to 52 feet. Laboratory Testing The laboratory testing program was undertaken to detennine Gradation Test Results, A Los Angeles Abrasion Test Was also run to determinse percentage of wear on the rock. The rock has a per- centage of wear of slightly less than 25%, which is within the limits of 45% or less and is in compliance with AASHTO T 96., prescribed for Bituminous Pavement by the State Department of Highways, State of Colorado - Standard Specifications for Road Construction. Specifi- cations for aggregate for use as Base Course Material and Hot Plant Mix -Bituminous Pavement are enclosed in the Appendix. Limitations The recommendations of this report are based upon the assump- tion that the soil conditions'do not deviate from those disclosed in the borings. If any variations or undesirable conditions are encountered during construction of if the proposed construction will differ from that planned at the present time. LOU-REY GEOTECHNICAL C 4 LOU-REY Geotechnical Engineering Soil & Foundation Engineering 466.3392 ENGRS, should be notified so that supplemental recommendations can be given This -=report fi .=:issued_-with•--the--understanding--that. !it is the responsibility of the owner,or of his representative, to en- sure that the information and recommendations contained herein are called to the attention of the Architect and Engineers for the nro- -ject and incorporated in the plans, and that the necessary steps are taken to see that the Contractors and Sub -Contractors carry out such recommendations in the field. C-5 LOU-REY Geatechnical Engineering l & Foundation Engineering To: �A/7 fir; •c/O Ccv Revolutions Grading Spheres LOS ANGELES ABRASION TEST 'Co I1. SIEVE SIZE / '' 'h Total Weight of Sample Before: 55:201S-.0 q Total Weight of Sample After: 31'J6p,(q rl Loss: Percent Wear: Specifications 1244.4' Date: ;2 j 11_/ Subject: WT. OF SAMPLE 28.10 5 1.298.5 (i;• • 1.250. o C(:I .• , Max. �' j- J f J�KQ,� Prepared by ,77U.,��`P� CP ....•-- ......._.. SW. a... ../. I SIP ......... ....loss I.I.. I.... ..I. I a....... .....a..,..a C - 6 LOU-REY TIME READINGS 60 MIN 19 MIN 4 MIN MIN '200 100 SIEVE ANALYSIS U S. STANDARD SERIES •l •50 •40.30 •16 I CLEAR SQUARE OPENINGS 3' „1 e I - HYDROMETER ANALYSIS 24 HR 7 NR . 45 MIN 15 MIN 160 90 60 70 z 60 -_L 4. Aso z U S 30 20 10 0 .001 021 00S 009 .019 .037 .074 .149 .297 1 590 1.19 2.38 4 76 9.52 19 1 3$ I 76.2 127 047 2.0 DIAMETER OF PARTICLE IN MILLIMETERS • I Ill 1 1 — r 4 i, c., 1 I 1 ITT 'I1 I TOO 2L0 152 0 10 20 30 40 Z r S0 S z w oaS 70 60 20 CLAY TO SILT GRAVEL LIQUID LIMIT SAMPLE OF SAND FINE I MEDIUM (COARSE SANDssa% % SILT AND CLAY PLASTICITY INDEX GRAVEL FINE I COARSE COBBLES FROM f'r .Ck. raw. oZ . HYDROMETER ANALYSIS 24 MM 7 NR 45 MIN IS MIN 100 90 60 70 z N N Z w 4: A0 6 30 60 _ 50 26 10 TIME READINGS 60 MIN 19 MIN. 4MIN 1 MIN. '100 SIEVE ANALYSIS U.S. STANDARD SERIES '50 '40 '30 •16 '10 CLEAR SQUARE OPENINGS 1 1 r I 1- Y �i 1 0 S .001 .002 1.105 .009 .019 .037 .074 .149 T .297 .590 1.19 }2.36 4.76 11 .042 2.0 DIAMETER OF PARTICLE IN MILLIMETERS I I4 I rTT It I lit 9.52 19.1 31.1 76.2 127 152 10 20 30 0 40'1' w SOI- I41 60 U I. 70 80 90 100 200 CLAY TO SILT GRAVEL yP LIQUID LIMIT SAMPLE OF SAND SAND �.4GIve/ FINE I MEDIUM (COARSE S'‘% SILT AND CLAY PLASTICITY INDEX FROM GRAVEL FINE I COARSE COBBLES ,c'7-2 ,tu0ro sc rs' - P' GRADATION TEST RESULTS Fig C - 7 LO U-REY 10 HYDROMETER ANALYSIS SIEVE ANALYSIS U S STANDARD SERIES FT - Ze.earraa/. TIME READINGS 21 MR 7 MR IS MIN IS MIN 60 MIN 19 MIN 4 MIN IT 90 60 70 20 1 FAIN. '200 '100 '50 '10 10 •16 •10 CLEAR SOUARE OPENINGS 3- 7 L _ 10 0 .001 032 71 i I cI IIiI .005 009 . .019 .007 .074 .149 297 . .590 1.19 2 38 4.76 042 2.0 DIAMETER OF PARTICLE IN MILLIMETERS CLAY TO SILT GRAVEL 7d% LIOUIO LIMIT SAMPLE OF SAND FINE I MEDIUM (COARSE SAND % 1 I 11 1 9.52 19.1 18.1 78.2 121 152 GRAVEL FINE I COARSE COBBLES SILT AND CLAY PLASTICITY INDEX FROM e- 0 10 20 30 a 40 Z 50 ¢ so U n 70 80 70 % T z7s,.r -t/ 9# y HYDROMETER ANALYSIS 24 HR 71441 45 MIN 1S MIN 100 90 TIME READINGS 60 MIN. 19 MIN.4 MIN 1 MIN •100 SIEVE ANALYSIS V.S. STANDARD SERIES •10 '50 '10'10 •16 •8 CLEAR SQUARE OPENINGS •4 I4 Y.' 1%' 1' • Y6' 60 70 r0 0 TI .002 ti I .005 .009 I r7 1 ^ l 1 le 019 .037 1.01 4 .149 .297 I .590 , I r1.19 ELM 4.76 1 10.52 19.1 38.1 78.2 127 .042 2.0 DIAMETER OF PARTICLE IN MILLIMETERS 11 CLAY TO SILT SANG FINE I MEDIUM (COARSE GRAVEL r X SAND � % PLASTICITY INDEX FROM --,c,,,, .ry. - G /ar-- 4C 4/001 y204/. GRADATION TEST RESULTS Fig. LIQUID LIMIT SAMPLE OF GRAVEL FINE I COARSE 10 20 30 40 W $0¢ W 600 u 70 80 90 100 iN 152 COBBLES El S E C-8 SILT ANO CLAY % HYDROMETER ANALYSIS LOU-REY SIEVE ANALYSIS TIME READINGS 21 RR 7HR 45 MIN 15 MIN 60 MIN If MIN 4 MIN. 100 90 60 10 20 10 MIN •700 '10,1 U.S STANDARD SERIES •1 '50 '40 '00 '16 I'Il .F CLEAR SQUARE OPENING'S L 1 r 0 10 w 0 40 Z n tie 50 a' Z 60 U C 0. 70 60 90 0 I I 111 r I 1 IT n 1111 1 I I 1111, I I S I I u 001 002 035 .009 .019 .007 .079 149 .297 I .590 1.19 2 06 4.76 9 52 19 1 36.1 76.2 77 700 00 042 20 I 152 DIAMETER OF PARTICLE IN MILLIMETERS CLAY TO SILT GRAVEL ..1„.."‘: V % LIQUID LIMIT SAMPLE OF HYDROMETER ANALYSIS 24 NN 7 HR. 45 MIN 15 MIN 103 90 60 70 2 N 0. La 6 10 n30 20 10 0 .021 .032 601 S.. _ TIME READINGS 60 MIN 19 MIN MIN 1 MIN SAND FINE 1 MEDIUM 'COARSE SAND U9 % '200 'iW SILT AND CLAY PLASTICITY INDEX FROM SIEVE ANALYSIS U.S. STANDARD SERIES GRAVEL FINE I COARSE •'50 '10 '30 '16 IDe a 1 1 I, .4 % COBBLES LEAR SQUARE OPENINGS 0" 1 rr t �-1 {t Iv i- .DOS .09 .019 .037 .074 .149 .297 .590 1.19 12.06 4.76 932 .042 2.0 DIAMETER OF PARTICLE IN MILLIMETERS IrIrrn 9 Irr.rnl ' CLAY TO SILT GRAVEL or/ % LIQUID LIMIT SAMPLE OF T SAND SAND FINE I MEDIUM (COARSE /j% • SILT AND CLAY PLASTICITY INDEX 19.1 GRAVEL 34.1 FINE I COARSE % 76.2 127 70 0 20 00 0 W 500 W 600 cc 70 80 93 100 200 152 COBBLES FROMrTH — 7 / --62e/.4". ay,/ C.. GRADATION TEST RESULTS Fig L_ 3 C - 9 24 HM 7MR 45 MIN 15 MIN 100 HYDROMETER ANALYSIS 24 NM 7 M 43 MIN. 15 MIN 100 LOU-REY A` TIME READINGS 60 MIN 19 MIN 4 MIN. 1 MIN '200 '100 SIEVE ANALYSIS U.S. STANDARD SERIES '10 I.6 CLEAR SQUARE OPENINGS 30 C W b2 77 506r 2 60 a 7B ti''' l vn f�Ol1 I LL 111 1-11 IJ 1 1LI]II 1 .001 002 005 .009 .019 .037 074 . .149 1 .297 I 590 1.19 2. 132 38 4.78 9.52 19.1 138.1 76.2 127240 2 00 .042 CLAY TO SILT DIAMETER OF PARTICLE IN MILLIMETERS MEDIUM }COARSE GRAVEL FINE I COARSE COBBLES GRAVEL SAND Yz•CO % SILT AND CLAY % 7 P/ % Gr-T LIQUID LIMIT PLASTICITY INDEX SIEVE ANALYSIS HYDROMETER ANALYSIS TIME READINGS U.S. STANDARD SERIES CLEAR SQUARE OPENINGS a 60 MIN. 19 MIN. 4 MIN. 1 MIN. '200 •100 '50 '10 '30 '16 16 '4 r Trnt t r ¢ 1111111 a 1 111 ] t r ,r1R71 ST 1 In .001 .002 1.005 .009 .019 .037 .074 .140 1 .297 W7590 1.19 .36 4.76 9.52 19.1 ]9.1 75.2 127 2.0 DIAMETER OF PARTICLE IN MILLIMETERS CLAY TO SILT GRAVEL S(► % SAND LIQUID LIMIT SAMPLE OF FINE I MEDIUM ICOARSE SILT AND CLAY PLASTICITY INDEX GRAVEL FINE I COARSE GRADATION TEST RESULTS Fig C - 10 COBBLES 20 30 O 4011 50C 600 G 9' 70 JOB NO. (�}{AUA'IiVIV ANALYSIS WORKSHEET PART NO. JOB NAME ' -( LMO NO. DATE PREP BY_ CKED BY_ HOLE DEPTH w1bt VISUAL -DESCRIPTION: SAMPLE NO. I_ LOCATION SAMPLE PREPERATION SIEVE SIZE 0- 1 1/2" 3/4" 3/8" NO.4 SAMPLE WEIGHTS WT. CF PAN AND SAMPLE WET /� DP SAMPLE o e, 7? RETAINED i ,16 ON HO. 4�_ PPAASSING �- C wT. OF PAN DRY WT. RETAINED 6.%5 /Zd? a2-7 ;6.92 DRY WT, PASSING X OF TOTAL PASSING In -I �1 2' /� �I � !.� I • wx= s SIEVE AND HYDROMETER ANALYSIS SIEVE NO. WEIGHT RETAINED WEIGHT PASSING TxO1PAL PASSING . FACTOR = la _ W _ 8 ()V2 42 O 4g• MOISTURE,DETERMINATION 16 11,2 4 .)} •4 MATERIAL -4 MATERIAL HYDRO. 'MOISTURE HYOR, SAMPt 30 C40) 0501 7 c DISH NO. CV( 50 2 (L). 33 't. wT. wET soc AND DSH - — 10 0 , 157.1 I- Wr. oily SOIL Ahn Dsrl . , T 200 I 302.9/ 4 WT. DISH I '( . I PhN I o4(.li WT. OF DRY SOIL ;, W TOTAL} - X MOISTURE ----- HYDROMETER ANALYSIS CYLINDER. DISH NO. NO. SPECIFIC GRAVITY DISPERSING AGENT DATE AMOUNT ml DATE CALI& CLOCK TIME TEST TIME TEMP. C• HYD. READ ro.4 CORR CORR READ FACTOR X CORRECTED READING = % OF TOTAL PASSING XCF TOTAL PASSrvC PAR TICULE: DIAMETER START MIX f STOP MIX 0.5 min C 050 T.m I / 1.0 min 0.037 mm 4.0 min 11.019 mm 19 min 0.009 mm 60 min 0.005 mm 7h IS min 0.002 mm 25h 45min min 0.001 mm GRAVEL 11' { ' % SAND CI) % CLAY -SLIT A X STORAGE LOCATION CORRECTION INCLUACI TEMP., MCMIICVI, •KO OCTLOCLLINT 1-4 (0-Y.:) Lac A'T10N C - 11 Ulll A LJ A t WIN IN All A L x J I J LMU too. WORKSHEET JOB NO. ' • le "`/ PART NO. DATE PI /I2 ,PREP BY_ JOB NAME CKED By HOLE DEPTH SAMPLE NO. LOCATION VISUALIDESCRIPTION: (ir i / SAMPLE PREPERATION SIEVE SIZE 0", • 1 1/2" 0/4" 0/8" NO.4 SAMPLE WEIGHTS WT. OF PAN AND SAMPLE TOTALE SAMPL_' PASSING NO. 4 NO. WET 1 / OR - WT. OF PAN - DRY WT. RETAINED ...-•-'• •'%'�f( / &O.`.t/ o,l`) .4.i ( \ 1 '( :%I DRY WT. PASSING 7-2 v' i .J, 6.RETAINED O1. , % OF TOTAL PASSING 'di'', -�({ ? 7 In /f W%: /1 _ SIEVE AND HYDROMETER ANALYSIS SIEVE NO. WEIGHT RETAINED WEIGHT PASSING TOTAL PASSING FACTOR = Al W // = f? _ f%.'?'. -'I 6 (K it.)?,?• MOISTURE DETERMINATION 16 ?.'t'.7 •7- 04 MATERIAL -4 MATERIAL HYCRO. MOISTURE HYDRO SAMPL 00 (4Y) X,iy ;! 7. DISH NO. ./ ; 1 'I 50 : jt., i.4 3 WT. WET SO(. AND DISH ' r .... ... 100 j: L' Z _ WT. CRY SOIL AND DISH \I. / ,/ U 200 s'/P.3 / W. DISH 1 /07 PAN 577.1 WT. OF DRY SOIL ! Cam'•-: W — . _ TOTAL X MOISTURE I HYDROMETER ANALYSIS CYLINDER. DISH NO. NO. SPECIFIC GRAVITY DISPERSING AGENT DATE DATE CALIB. CLOCK TEST TIME TEC P' READ ��iYy6� ERA* j,oAMMOUNT READ FACTOR X CORRECTED READING c % OF TOTAL PASSING p7/�Lml % A TSN4G PDIAMETER START MIX STOP MIX — • --- 0.5 mill 0.0:0 mm ir ��� 1.0 min 0.037 mm 4.0 min 0.019 mm ti 19 min 0.009 mm / j V 60 min 0.006 mm 7h 15 min 0.002 mm 25h 46 min 0.001 mm GRAVEL at % SAND /j} in % CLAY -SLIT ( X STORAGE LOCATION .�^COAARLLCTIp4 IPICUA(S TEMP.. MCNIISCtf, uN 0(R.00UIikT rN: L-4 (0-r.2) LOCA'TTO C - 12 C - 13 N LOU-REY Geotechnical Engineering Soil & Foundation Engineering 665-2651 .168-3392 j` -1o/ C. / aG//OCol eNS —'Co '9 C.A. c. 3 /771e-i — .s. z . ,-r-, edp m (1,Tf/-6" LOU-REY Geotechnical Engineering Soil & Foundation Engineering 665-2651 ,N,y 3 -`zr— /..)7 f'T-/4ffl.✓. ya ,9cit 466-3392 C A/c 4. -- CtZ - cL —Z io. /.Z L U C - 15 SC C /emu,•, ,4"a T T •3'�/c J • 11 *00 4J t :0 • t.f V 0 pl Y ✓ iv 4 :0.,9• a e.9 .9�: -i d 4 ei ° Q•: 0..9' t Y.9 A wa k • Vi Il T » G 0 v ^E • « - �� ✓ Y° 2 0.0. w _ • .. 0 le u ] (f M M . H G o V 13) « h - ] • T a ▪ E r« ?� ^g T x »CV.YLI ▪ 'a9 Y a- « �« G ▪ Toy E CI O G « Tu i� 0 YY � ` V P Oy w ' •. Y• P a, ia11 i \ Y N tit-. 1.1 `!II �` T Y. P O O..w.. 4T.•a +_ L r .r aVi P .niE2I T;!IikflI[W O • C C O \ a ..0. .• °. • g .1 «•rVi +C• a V w ^ O V O a 1. :Je0. .. • L . • { •4 rMIP. l' � v ? 7 tiii C.- 16 Cx =u• ▪ C G• 0 IA 4. w C m• 'a • a 0a. - s ga V • a C O^ .• T a 1'0 'O G>• •; • .a. u° L L Y u E u - Y. 7. O n P G a a L O. O O▪ o H• 0 C k W b 0 2 ° i bid rrvru Indicates depth at which hole was plwgg.:d 3 days alter drilling when checked on 0L a- u 0O ao N u C a N V _ O °. « M Y �^ OL Y L L ju C -o O a a C O Co C C N 000N C UC . L P wv G .T• SC IV 6.9 w« ▪ 0 g.T a V Y0 O III e i• ] 0 Z. O a YO ' C C a P O O t. C a ▪ Y 'f. O O ••LI 0 0 a • a E +o G 6 L 4.0 O » • L 04 Y C•• .71 • G L. a0 L: C Y 40 O as _ 0 O L C p _3 G u a 0U 35 • o Y T } -Ga L LOU o o 0 VC0. • Ca -ai E a /i D 0 C �E e 4 0 C W •!-.1 V VC C u 0 O Ed Y _ ' N 0 a s < a • C a - a.- .3 C a- .0 Lrla o 0.13 e� S.• " 0_ C s - C1 V P ._ C E • •� 0 • 2 A.• P o a .-a g• • . „ U 0" ,»•4 Y • E00 - is c 0 a O 0 0 04.. 6 43L. ydia ^ L� _ O a T - a a • a..0 u T a » E -11" a G L » • V ▪ » VA O•^ C L. -.1 +y c l —a .— a o• V 0 O. z. E - s Cn 2- -i. o.✓ "c 4 a u Y— 0 rr a. ta o — +e6 o L a 'I to a O '•. .3 la C a „ d° a ✓ s✓ „ g 0 0 u a O e G c - ^ 9y L L Y fi RC! L drilled on /,2 —/O —with a i 43 V Y ' L R A.3 „ O + r - •• I. A. sew 0 I ••g a: b� C 1.1 C V G O ^ V O V V V T "' ..•c v a 11. CI O .• U LA c v n as 0 i o• v s. Ai VL c a =o c r — _ e C I- v o v Pc V 0 n E •• O i V a O c E C L.0 cao� es - zC Y I. 6 cfil G Y a 1. Al V C It o 4 u c c 1 AL L r V 4^O ✓ V R C O D - O C T 0 p r a - c a o c iL A `u - ✓ VI V i i ca u C G C Y w �v .+✓ C0 to a a 'eg2. VII S •-•v - :I Y 0; k '. p n . C L — �= o$ a a ✓ " dea co v- a P c O „ E P T•n -„ ✓ J •G C a Occ 64 �Vn " 0 CL :6 el .;v. �. o. a•0� e..�.. O:.p9 Y `P•L as �A c .g 2:••.o.o.o..a__c:°••q.. .�6f cL fN r - L - p J O' T .off - CC J C T Watti Ma c_ q " L_y ro c " Y u a ✓ C� b'O'. O.�ZI'. b :O;.O'. p.O'4'..?' e 110 -1 I w •" O C V 1 JO J•1Is OI r N M C - 17 E g V P • e �h Lonn • • OY nVI 0 c. so ea o cot c pp '• E OIP N(L W ce O in2 K • J C L1In 6 VL r r. i v i -go /a c.4 c -r'. E -r, NcJr dF , cr 72 A77 -A. tie G 770241. J LOU-REY Geotechnical Engineering Soil & Foundation Engineering 665-2651 466-3392 ,T 4P fl• leg 7514 M/. Lb I Sc c — C - 18. e> -7a .Scei° EXHIBIT D - PROPOSED MINING PLAN SAND AND GRAVEL RESOURCES: It is estimated that applicant's property contains a total of 4,030,000 cubic yards of recoverable commercial quality sand and gravel. Approxi- mately 653,000 CY of overburden and topsoil material which will have to be removed and properly stored to recover the commercial aggregates. The overburden, including topsoil, will be used in accomplishing the re- clamation plan as submitted. 2. GENERAL OPERATING METHODS: The operation proposed for the site is an open pit gravel operation utilizing normal construction equipment including draglines, loaders, scrapers, dozers and trucks. The equipment will operate in a manner normally used for both wet and dry gravel mining operations and con: struction excavations. No blastingwill be required. Only the portion of the area being used for excavation, stockpile storage and the pro- cessing area will be removed from the existing use and land cover con- dition. The final configuration will be established concurrently with each mining phase so the reclamation phases can proceed. (a). Area B (40 Acres) will be the first area mined. Excavation will commence in the Southwest corner and progress Northerly along the West- erly line, and thence by zig-zag to the East. Completion will be at the Easterly side of the property along the access road as shown. As the work progresses, the topsoil will be placed along the perimeter setbacks for use in final spreading and reclamation. Overburden will be placed back along the edges of the previously mined areas to create an irregular shoreline. This procedure is intended to require the materials to be moved only once and to initiate the final shoreline and topsoil spreading in sequence with the mining. Reclamation will commence as soon as a reasonable area is ready, but not be delayed more than one year from the mining operation. The stockpiles will be placed adjoining the pit area with the crusher and screens advancing with the excavation. This method is efficient and will minimize the amount of area disturbed at any one time. 0-1 . GENERAL OPERATING METHODS:(CONTINUED) It is. -anticipated that dewatering of the pit area can be done through perimeter trenches in the mined area with pumping at the North end and discharging into the slough at the Northeast corner of the site. Any water used in processing the material will be discharged to a settling basin prior to discharge. (b). Area C will be the second phase of the mining operation and will commence on completion of the first phase. Mining will begin in the Southeast corner, thence Westerly, thence Northerly in a zig-zag pattern to the North. A minimum 100 feet setback will be maintained along the South Platte River. This will maintain the present banks and existing vegetation. Adequate space for an access road paralleling the river will be established inside the mining area. It is anticipated that within the first three years of operation in this.phase. application will be made to the authorities to relocate the dual -use channel of the Big Dry Creek and Lupton Bottom Ditch across the Westerly edge of the property. • The final locations and channel sections to be determined at that time. If the channel relocation is not approved, the property can still be mined with separate area located East and West of the channel, with adequate banks maintained. A channel crossing will be required in the Northwest corner of Area C to access the mining area. This area will be mined in a "block" system similar to the first phase wity only the area being used for mining and stockpiling opened at one time. The topsoil will be placed in the previously mined areas so _ reclamation can begin on an annual phasing basis. The material removed will be stockpiled adjacent to the open pit for drainage and processing by screening or crushing. The length of the stockpiles will run parallel to the river to miniimize any flooding problems. D-2 GENERAL OPERATING METHODS: (CONTINUED) (c). Area A will be used as the office, scale and maintenance area. A new bridge will be installed over the Lupton Bottom Ditch hear the present location to carry the loaded trucks. Plans will be prepared and submitted to the Lupton Bottom Ditch Board for approval of this crossing. Preliminary discussions have been made with the:Colorado State Highway Department. It appears an access at this point will be acceptable. Improvements such as widening or acceleration and deceleration lanes and turing radius will be submitted for approval of the Colorado State Highway Department. The highway is paved and the sight distances"from the point of access are adequate. The haul roads to mining Area B are about 1/2 mile , to Area C, an additional 3/4 mile. These will be improved and maintained as gravel roads to carry the loaded trucks. These roads are through field areas and away from any residences. 3. OPERATIONS PHASING: Mining of the proposed area is estimated to be accomplished during a 16 -year period. The actual life of the operation will vary depending upon the economic conditions and demand for the products. The project has been divided into two phase areas, as noted on the Mining Plan (Exhibit D), for analysis of the time schedule and the gravel volumes. 4. TIME SCHEDULE: The following time table has been prepared to show the projected schedule and is based on a production of 200,000 Tons the first year with a 10 to 15% annual increase thereafter, up to the 9th year. After the 9th year production will be at 500,00 Tons per year. D-3 4. TIME SCHEDULE: (CONTINUED) 1 2 3 4 5 6 7 8 9-16 5. SITE DISTURBANCE: ANNUAL TONS 200,000 220,000 245,000 270,000 300,000 345,000 400,000 460,000 500,000 ACCUMMULATIVE TONS 200,000 420,000 665,000 935,000 1,235,000 1,580,000 1,980,000 2,440,000 6,045,000 7 J Phase 1 Phase 2 The Colorado Mined Land Reclamation Board has defined different degrees of disturbance in a mining and reclamation operation. The definition of those three types of disturbance is as follows: Major. Disturbance: That area of a mining operation that in- cludes excavations, overburden spoils, and topsil stockpiles. Moderate Disturbance: That area of a mining operation which is a result of backfilling of an open cut, stabilization of waste dumps, leveling of overburdened soils, the smooth grading and the distribution of topsoil or other suitable approved plant growth medium. Also includes within the affected area, on -site private - ways, roads, railroads, evaporation or settling ponds, leeching dumps, work parking , storage or discharge areas, and areas in which structures, facilities, equipment, machines, tools or other materials or properties which result from or are used in the mining operation are situated. Minor Disturbance: That area of a mining operation which is undergoing preparation immediately prior to planting or seeding, is being planted or seeded, or has been planted or seeded and has not been released from bond upon full completion of all reclama- tion requirements as set forth in the permit. D-4 In analyzing the total 185- Acre site, we calculate the following breakdown for uses: tssp ;: Setbacks: 50' Boundary and. 100' River 26.0 Acres Haul Roads 5.0 Acres Plant, Storage & Office Area 5.0 Acres Reserve Plant Site 10.0 Acres Net Useable for mining on Site Total 46.0 Acres 139.0 Acres Mining Area/Year = I0.0 Acres/Year in Area B (Based on 500,000 CY/Year = 20.0 Acres/Year in Area C D-5 EXHIBIT E - RECLAMATION PLAN Thelandowner chooses to remove the sand and gravel for economic reasons andhen to return the mining area, through reclamation, to wildlife habitat, pasture land and ponds as an open use area. The proposed post - mining land use is compatable with the surrounding farm and river bottom uses. Area "B" will be left with mostly pond surface. The portion of the peri- meter of this site that can be integrated with the adjoining farm land will be added to the fields with the remaining perimeter to be placed in pasture crop. 'Area "C" will be reclaimed into three (3) large ponds. The remaining land surface will be blended back into the river bottom pasture. The land is too saturated to be productive agriculturally and is also sub- ject to flooding by the South Platte River. The ponds and reclamation to grass, shrubs, cottonwoods, etc. will create an aesthetic site and be used for open space, grazing and wildlife habitat. Implementation of the re- clamation plan on the affected land as it relates to environment is as follows: ' GRADING: There will be very little overburden in this operation. Any over- burden will be placed back onto the shore line in an irregular shape and stabalized and compacted by the machinery movement. Grading will be done to achieve a minimum slope of 3h : lv from a point 10 feet below the water surface to the undisturbed existing terrain. Grading will be done in such a manner to prevent any ero- sion or siltation of the affected land. The shoreline stabalization will be completed as soon as —feasible after the mining process. There are no refuse, toxic or acid producing materials associated with this mining operation. There will be no drill or auger holes or shafts constructed in this operation. WATER: Disturbance to the hydrologic balance will be minimized by: (1). Compliance with applicable Colorado water laws and regulations governing injury to existing water rights. E-1 WATER: (CONTINUED) (2). Compliance with applicable Federal and Colorado Water Quality Laws and Regulations. Compliance with applicable Federal and Colorado dredge and fill requirements. Dredge and fill is not part of this oper- ation. (4). No temporary or large siltation structure will be a part of the mining or reclamation plan. (3). WILDLIFE: Where possible, all aspects of the mining plan take into consider- ation the safety and protection of wildlife at the site. The peri- meters and setbacks will provide continuous feed and cover. The long life phasing of the operation will allow relocation of wildlife on the site. The reclamation plan will also consider the wildlife in the plantings to provide food and protection. Whereas the.creation_and management.of.habitat is not a part of the -reclamation plan, the Colorado Division of Wildlife has been contacted (See Exhibit H) and will be consulted during the actual mining and reclamation. processes for more specific plans and recom- mendations.. The final site will create a more diverse environment through the creation of the:large ponds for water fowl and fishery use. TOPSOILING: At the initiation of mining, topsoil from the first area cleared will be stockpiled. This will be used for replacement on the areas completed during the first year of operation. Topsoil from the second area cleared will also be placed over the first area reclaim- ed. Thereafter, the topsoil from the area being cleared will be placed on the previous year's completed area. Again, during the final year of phase operation, a stockpile of topsoil will be necessary to complete the final area topsoil replacement. This is feasible as there is adequate topsoil and the remaining land surface is consi- E-2 TOPSOILING. ,ONTINUED) derably less than the initial site condition. Topsoil is not expected to remain stockpiled for more than one grow- ing season. If, for Some unforseen reason, it does, it will be seeded with a fast growing vegetative cover to keep free of wind and water erosion and any contamination or deterioration. The temporary stockpiles of topsoil will be in narrow, low berms for erosion protection and the existing grass and vegetation will re- main incorporated in the topsoil. The stockpiles will be located so that there will be no disturbance by the ongoing mining opera- tions and , therefore, handled only during the removal and replace- ment operations. Replacement of the topsoil in a uniform 10" to 12" depth will pro- duce optimum.tilth for seed application. Compaction by the earth moving equipment will be adequate to provide stability on the slopes. The seeding, fertilizer, and mulch procedures will be in accordance with the recommendations of the Soil Conservation Service (See Exhibit 3). This will accomplish a rapid recovery and establish a diverse, effective and long-lasting native vegetative cover capable of self - regeneration. Other plants, shrubs and trees will be incorporated to complete the reclamation process. TIMETABLE: Reclamation will be continuous throughout the mining operation. As the shoreline is created and mining progresses, the topsoil will be replaced along the banks and seeded as soon as practicable.. E-3 EXHIBIT G - WATER INFORMA IN The.. proposed mining operation will not affect the surface or groundwater systems in the area. Water requirements for the proposed operation consist of dust suppression for haul roads and gravel washing. An estimated 500 gallons per day will be used for dust suppression. Operating 200 days per year, the operation will require approximately .3 acre feet per year for dust suppression. Operations require about 600 gallons per minute (GPM) for washing sand and gravel. Based on requirements of similar operations, approximately 10 per- cent of the wash water is lost' due to moisture in the aggregate, spray losses, leakage and sediment pond evaporation. This 10 percent loss equals 60 GPM or 28,800 gallons per day. When washing will be required, approxi- mately 50 operating days per year, 6 hours per day, water use will be 3.3 acre-feet per year. Total water requirements for the operation is then approximately 3.6 acre-feet per year. A well permit will be applied for. All discharged water for recycling will be pumped into the sediment pond to be constructed at the point of operation. No damage or changes will be inflicted upon the South Platte River. As mentioned previously, application will be made to relocate the channel for the Big Dry Creek and Lupton Bottom Ditch across Area C. G - 1 MINED LAND WILDLIFE QUESTIONAIRE for limited impact and select regular mine applications 1. Name of Company/Mine:FRONT RANGE SAND & GRAVEL: FORT LUPTON GRAVEL PIT 2. NamejAddress/Phone of Contact Person: JERRY RHEA, 11780 WADSWORTH, f3ROOMFIELD, CO, 80020, PHONE: 289-5743 SE' SECTION 1; NW4 AND SOUTH HALF SEC. 12, T1N, R67W; AND THE WES 3. Location of Mine:HALF OF SW;, SEC. 7, T1N, R66W OF 6th P.M., WELD COUNTY, COLORADO (County, Township, Range, Section to nearest quarter quarter; Exhibit A —MLR appl.) • 4. Nearest Town/General Location: FORT LUPTON -- 2 MILES TO NORTHEAST 5. Land Ownership (Circle)Private 2. BLM 3. USFS 4. Other 6. Present. Land Use: PASTURE 7. Proposed Final Land Use:PONDS AND OPEN SPACE 8. Type of Operation: U Surface 2. Underground 9. Minerals being mined: SAND AND GRAVEL 10. Number and Description of Surface Acres Disturbed by Mining/not including roads (Exhibit D-HLR) : 11. Miles of roads to be constructed: 12. Life of Mine (years): 15 to 20 YEARS 13. Description of Operation and Reclamation -- Additional sheets may be attached (Exhibits B S E -MLA) INITIAL PHASE CONSISTS OF 200LE ACRES AS SHOWN HEREIN. PRESENT USES ARE ALFALFA ON 40 ACRE PARCEL "B" AND FLOOD PLAIN -RANGE PASTURE ON 130 ACRE PARCEL "C". PROPOSED USE GRAVEL PIT MINING AND ASSOCIATED USES. FUTURE USE IS FOR PONDS AND RECLAIMED OPEN SPACE. FINAL REPORT IS BEING PREPARED FOR REVIEW BY MLRB. SEE ATTACHED MAPS FOR CONCEPTUAL PLAN.. 14. Please enclose Maps of Project Operation, Disturbance Areas and Reclamation (Exhihi: cooperation is appreciated. C.) This will 15, Prepared by: expedite processing. Your eraw!dn//�e Date: ,IZ /9F.r McRAE & SHORT, MU., 1227 - 8th AVENUE, rpcci ry. rn. nnrzt PH: 356-3101 H - 1 P'nee I of MINED LAN TILDLIFE STATEMENT/EVALUATION vised) for limited impact and select regular mine applications e following information pertaining to wildlife is provided for use by Mined Land clamation Board'i their consideration of a mining permit for: Ft Tuprnn Craval Pir - Sand k P.ravol - SF -5 carrinn 1, NwScand Name/Type and Location of Mine (Legal) WSISWS, Sec. idlife Species list: can 17, aLrt R67W and 7, TIN, R66W, Weld County Deer, coyote, fox, skunk, raccoon, muskrat, beaver, waterfowl, squirrel, pheasant, dove, magpie, weasel, mink, raptors, numerous small rodents and seasonal songbirds. dangered/critical species/impacted: N/A itical habitats/vegetative communities impacted: N/A :sessment of impact: Area "B" Wildlife impacts are minor as -it is in alfalfa at the present time. Area "C" will impact wildlife negatively during the life of the mine. ine Reclamation recommendations (include key species/habitats for which restoration s designed). Stripped topsoil should be replaced and seeded with native grass species. As many trees as possible should be replaced, as no reclamation or mining plan was made available to this office it_is somewhat._difficult to make specific recommendations. No mention is made of a C.O.E. 404 permit, which will be necessary to rechannel Big Dry Creek. _pared By: Don Bogart Date: 6./71/R% bmitted By: Date: Is statement is void if not processed within 1 year. is analysis does not constitute approval of application. M - 2 Page 2 of 2 SOIL SURVEY OF WELD COUNTY, COLOF"D0, SOUTHERN PART United States Department of Agriculture, Soil Conservation Service, in cooperation with the Colorado Agricultural Experiment Station 3—Aquolls and Aquents, grave substratum. This l0—Bankard sa loam, 0 to 3 percent slopes. This nearly level map unit is an bottom lands and flood plains is a deep, somewhat excessively drained soil on flood of all the major streams in the survey area. Aquolls, plains at elevations of 4,450 to 5,000 feet. It formed in which have a dark colored surface layer, make up about stratified recent alluvium along streams and rivers. In - GO percent of the unit. Aquents, which have a lighter eluded in mapping are numerous sand and gravel bars c colored surface layer, make up about 35 percent. About 5 and small m lllar areas of suoncarface c rcousayer aoils. f shis Bankard soil his percent is are Aquepts and r ynkard drained sandy loam. Typibrown sandy loam about 4 inches thick. The underlying These m. No poorly on picas that mfoonlyd e recent alluvium. one pedon is typical. Commonly the material to a depth of GO inches is pale brown calcareous soils have a mottled, mildly alkaline to moderately al- sand stratified with thin lenses of sandy loam, loam, and kaline loamy or clayey surface layer and underlying fine gravel. Permeability is moderately rapid. Available water material and are underlain by sand or sand and gravel capacity is low. The effective rooting depth is GO inches or within 48 inches. In places they have a gleyed layer in the more. Surface runoff is slow, and the erosion hazard is underlying material. Most of the acreage is subject to flooding. The water table is at or near the surface early in spring and recedes to as deep as 48 inches late in fall in some years. These soils are used for rangeland and wildlife habitat. Some small areas have been reclaimed by major drainage and leveling and are used for irrigated crops. The potential native vegetation is dominated by alkali sacaton, switchgrass, and western wheatgrass. Saltgrass, sedge, rush, and alkali bluegrass are also prominent. Potential production ranges from 3,000 pounds per acre in favorable years to 2,000 pounds in unfavorable years. As 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 grasses decrease; blue grama, sand dropseed, and fortis half and leaving half of the total annual production. Seed- increase; and forage production drops. Undesirable weeds ing is difficult and costly because numerous tillage prac- and annuals invade the site as range condition becomes j tices are required to eliminate the saltgrass sod. poorer. Switchgrass, western wheatgrass, alkali sacaton, tall Management of vegetation should be based on taking wheatgrass, and tall fescue are suitable for seeding. They half and leaving half of the total annual production. Seed - can be seeded into a clean, firm seedbed. Seedbed ing is desirable only in areas large enough to interseed or preparation usually requires more than 1 year to to prepare a seedbed. Switchgrass, sand bluestem, sand eliminate the saltgrass sod. A grass drill should be used. reedgrass, sideoats grama, little bluestem, blue grama, pu- Seeding early in spring has proven most successful. bescent wheatgrass, and intermediate wheatgrass are Wetland wildlife, especially waterfowl, utilize this unit. suitable for seeding. This soil can be seeded by using an The wetland plants provide nesting and protective cover, interseeder or a firm, clean sorghum stubble. A grass drill as well as some food. The nearby irrigated cropland, is required. Seeding early in spring has proven most suc- cessful. where wildlife obtain much of their food and find protcc- This soil is generally not suited to the establishment Give cover, makes this unit valuable to both wetland and and growth of trees and shrubs. Onsite investigation is openland wildlife. needed to determine feasibility and possible tree and Openland wildlife, especially pheasant, use this unit for shrub species. cover and nesting. Deer find excellent cover in some Wildlife is an importantsecondary-useof this -soil. The areas• cropland areas provide favorable habitat for ring-necked These valuable wildlife areas should be protected from pheasant and mourning dove. Many nongame species can fire and fenced to prevent encroachment and overuse by be attracted by establishing areas for nesting and escape livestock. They should not be drained. cover. For pheasants,undisturbed nesting cover is essen- These soils have good potential as a source of sand and tial and should be include_ d in plans for habitat develop - gravel. Capability subclass VIw; Salt Meadow range site. 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 IVw irrigated, VIw nonirrigated; Sandy Bottom land range site. low. This soil is suited to limited cropping. It is sandy and subject to flooding. Pasture is the best use. Tall wheat - grass, tall fescue, and annual sweetclover are some of the most suitable crops. Light, frequent irrigation by furrows and flooding is best. Commercial fertilizer improves the amount and value of forage produced. The potential native vegetation is dominated by switchgrass, indiangrass, sand bluestem, sand reedgrass, sideoats grama, needleandthread, and blue grama. Much 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 2,500 pounds per acre in favorable years to 1,500 pounds in unfavorable ears. As range condition deteriorates, the tall and mid I-2 19 -Colombo clay loam, r 1 percent slopes. This is a deep, well drained soil on ..00d plains and terraces at elevations of 4,600 to 4,780 feet. It formed in stratified calcareous alluvium. Included in mapping are small areas of soils that have a loam surface layer and some small leveled areas. Typical)'the surface layer of this Colombo soil is dark • grayish brown clay loam about 14 inches thick. The upper 7 inches of the underlying material is pale brown stratified clay loam and loam. The lower part to a depth of f,0 inches is very pale brown loam stratified with thin lenses of fine sand, medium sand, and clay loam. Permeability is moderate. Available water capacity is high. The effective rooting depth is GO inches or more. Surface runoff is slow, and the erosion hazard is low. In irrigated areas this soil is suited to crops commonly grown in the area, such as corn, sugar beets, beans, alfal- fa, onions, and potatoes. All methods of irrigation that are common to the area are used. Borders are suitable for small grain;'klfalfa, and pasture. Furrow irrigation is used for row crops. Crops respond to application of nitrogen and phosphorus. Windbreaks and environmental plantings of trees and shrubs commonly grown in the area are generally well suited to this soil. Cultivation to control competing vegetation should be continued for as many years as possible following planting. Trees that are best suited and have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian -olive, and hackberry. The shrubs best suited are skunkbush sumac, lilac, Siberian peashrub, and American plum. Wildlife .n important secondary use of this soi Ring-necked pheasant, mourning dove, and many nor game species can be attracted by establishing areas In nesting and escape cover. For pheasants, undisturbr nesting cover is essential and should be included in plan. for habitat development, especially in areas of;lntensiv, agriculture. •'{"F<' - Where this soil is on flood plains and is susceptible t• flooding it has poor potential for urban and recreationa development. On the higher terraces the potential is fair Dwelling and road designs need to be modified to in crease the capacity of the soil to support a load and t, protect it against frost action. Capability subclass Ilw it rigated. 108 SOIL SURVEY TABLE 8. --CONSTRUCTION MATERIALS (Some of the terms used in this table to describe restrictive soil features are defined in the Glossary. text for definitions of "good," "fair," "poor," and "unsuited." Absence of an entry means soil was rated) See not Soil name and map symbol Roadfill Sand Gravel , Topsoil 1, 2 Altvan 3" Aquolls S 10 Bankard Illpo 19, 20 Colombo Good Poor: wetness, frost action. Fair: low strength. Fair: low strength, frost action. Fair: excess fines. Good Fair: excess fines. Unsuited I - 3 Fair: excess fines. Fair: excess fines. Unsuited :Unsuited ;Fair: thin layer. ;Poor: wetness. ;Poor: I too sandy. o IFatir: o clayey. EXHIBIT J - VEGETATIVE INFORMATION INFORMATION REQUESTED FROM THE BRIGHTON SOIL CONSERVATION OFFICE WILL BE FORWARDED WHEN RECEIVED. J - 1 EXHIBIT L - RECLAMATION COSTS l�r . project completion, approximately 75.0 Acres will be in land, and 11 res in lake surface.. The total actual cost of the reclamation is difficult to determine as the movement of topsoil and overburden in an integral part of the mining operation. It is anticipated that "wind break" trees and other seedlings will be obtained from the Soil Conser- vation Serice to assist in the proposed plantings. We have made the following analysis of the reclamation costs. We have considered the total plant site, haul and access roads to remain the same throughout the life of the project To achieve the annual produc- tion rates projected, the amount of mining area required in total on an annual basis would be about 10 Acres in Area B and 20 Acres in Area C. On this basis and using the maximum areas, we have the following: MINOR DISTURBANCE = 20 Acres Area in existing condition (pre -mined area) or in pond and embankment (post -mined). MODERATE DISTURBANCE = 10.0 Acres Area_in_Haul Roads and Plant Site. MAJOR DISTURBANCE = 20 Acres Area under actual mining and being used for stockpiles, loading access and hauling. DEGREE OF DISTURBANCE MINOR MODERATE MAJOR Annual Area 20 Acres 10 Acres 20 Acres Reclamation (cost/Acre) $600.00 $650.00 $1300.00 Disturbance Cost $12,000.00 $8,500.00 $26,000.00 TOTAL COST (at any time) = $46,500.00 L - 1 ode 43.00 1/001 R. r 0293 •MARY ANN FEUERSTEIN�CLERK �1- RECORDER WELD CO, CO RECORDER'S STAMP niDII)EED, Made this 2nd Jaye( November 0982, letween MYRNA KAY SLARASZEWSKI the Countyet Weld and state of Colorada,o( the first part. and FREDA LEE DRCILING whose legal addre.. is 4025 Weld County Road 23, Fort Lupton, of the County of Weld and state of Colorado. oft hr second part. WITNESSF:TII. That the maid part y of the first part, for and in consideration of the sum of If Other Good and Valuable Consideration and Ten and 110/100 DOLLARS.' to the said part y of the first part in hand paid by the said party oftlte second part. the receipt whereof • is hereby confessed and acknowledged, has remind. released, said, conveyed and QUIT CLAIMED. and by thew presents does remise, relent. nil, convey and QUITCLAIM unto the said part y of the second part. her heirs, successors and assign., forever. all the right, title, interest, claim and demand which the said part y the first part , ha S in and to the following described Inl or parcel of land situate.lying and being in the County of Weld and State of Colorado, to wit: The West 30 acres of the West 1/2 or the Southeast 1/4, Section 1, Township 1 North, Range 67 West or the 6th P.M. Reserving unto grantor all her right, title and interest in and to all gravel, coal, oil, gas and all other minerals lying in or tinder said property, DEED FOR TRADE AND EXCHANGE PURPOSES...NO DOCUMENTARY FEE REQUIRED. also known .. street and number TO DAVE AND TO IIOLD the same, together with all and singular the sppurt anJ privileges thereunto • belonging or in anywise thereunto appertaining. and all the estate, right, title, in and claim whatsoever, of the said part y of the first part,either in law or equity, to the only properus.,benefit and behoof of the and part y of the d part.her heirs and °signs forever, IN WITNESS WHEREOF, The said part y of the first part ha9 and seal the day and year first above written. Signed. Sealed and Delivered In the presence of STATE er hand • ISEALI ;' S1 basze ski ;i ISEALI - . ISEALI I _ ISEALI II OF COLORADO. rm. Cnunly of Adams The f ing instrument win acknowledged before me this 2nd day of November 1982,by Myrna Kay Slabaszcwski. talcg9m taaton expires ,19 , Witness my hand and official seal. 0711c,k I. ,fi..„.. 1 ♦111 tilil r.+ t?I N • _• i r I,. r W.dla�Wilgotary Public: il'..e" _•.Lr\ - _.s._, _ P-1 • Kee 1 \w,I, M1mlr. ``I I ktc I,. , 1' nnT r 1o7 .• ... �7`� VfS.ie_f).,J_. More Inn Fcucntein, Recorder I.1 PERSONAL REPRESENTATIVE'S DEED (Testate Estate) THIS DEED is made by DORIS ACKERSON as Executrix and as Personal Representative of the Estate of LENA ACKERSON, deceased, Grantor to Elsie Thibault during her lifetime and from and after her death to Myrna Kay Slabaszew•iki formerly Myrna Kay Ackerson, 205 Stanfield. Cheyenne. Wyoming 82001 and Freda Leo Drciling formerly Freda Lee Ackerson, 60 South 14th Avenue, Brighton, Colorado 80601, Grantees. WHEREAS, the above -named decedent in her lifetime made and executed her Last Will and Testament dated June 28, 1950, which Will, the First Codicil thereto dated December 19, 1950, the Second Codicil thereto dated March 23, 1951, and the Third Codicil thereto dated July 22, 1955, were duly admitted to probate on March 9, 1964. by the District Court in and for the County of Weld, and State of Colorado. Probate No. 9385: WHEREAS. Grantor was duly appointed Executrix of said Estate on March 9, 1964, and is now qualified and acting as Personal Representative of said Estate. NOW. THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell, convey, assign, transfer and set over unto Grantees: Elsie Thibault, during her lifetime and from and after her death to Myrna Kay Slabaszewski formerly Myrna Kay Ackerson and Freda Lee Ackerson, thcir heirs and assigns forever, in equal shares as tenants in common as the persons entitled to distribution of the property under the above captioned Will,and Codicils thereto, the following described real property situate in the County of Weld, State of Colorado: The Northeast Quarter of the Northwest Quarter (NE 1/4 NW 1/4) of Section Twelve (12). Township One (1) North, Range Sixty-seven (67) West of the 6th P.M., and the West 30 acres of the West Half of the Southeast Quarter (W 1/2 SE 1/4) of Section One (1), Township One (1) North, Range Sixty-seven (67) West of the 6th P.M.. together with .45 of a share of the capital stock of the Brighton Ditch Compeny. With all appurtenances. free and clear of liens and encumbrances, except instruments of record, but subject to the restrictions on the right to sell the sa:... as contained in the Will. As used herein, the singular includes the plural and the masculine gender the feminine and neuter genders as the context may require. Executed September 1; , 1978. o _ o (1,4' A t ! Doris Ackerson, as Executrix and Personal Representative of the Estate of LENA ACKERSON, deceased. —i . ...• .,...,. rs_t.cna it An LLtI'K & RLC:OWDER WELD CO, CO TuisDEE11. Made this 2nd day of November •1P82• . hetween FREDA LEI: DREILINC R,1}M County of Weld and sine of 'ialeade,ef the firs pert.and MYRNA KAY SIAIL\SY.IIWSKI I Fort Lupton, of the County of Weld and state of Colorado.of the second part. WI TNESSI:TH. that the Paid party of the first part• for and in rnnsid..ration of the sum of Other Good and Valuable Consideration and Ten and 00/100 Il to the raidpartDOLLARS. y ' of first part in hand pant lq•thr said part y oftl.r second part. the receipt wh'e'el • Ii is hereby eon('mord and acknowledged. hap remised, released, sold, conveyed and QUIT CLAIMED. and by these ' I presents do CSremise• release.sell, convey and QUIT CLAIM unto the said part y of the d part, her heirs, . and a. egret. f all the right:title, interest• claim and demand whirl the said party of the first part ii l has in and to the following described lot or parcel of land situate• lying and being in the I • 11 of WeldCount/.• .I and State of Colorado. to wit: �; II The Cast 30 acres of the Southwest One -Quarter of the Southeast One - I Quarter or Section 12, Township 1 North, Range G7 West of the 6th P.M. , I Reserving unto grantor all her right, title and interest in and to it all gravel, coal, oil, gas and other minerals lying in or under said iI property. y g l ,I RECORDER'S STAMP Il II s I! who.. legal add 11471 Weld County Road 10, I DEED FOR TRADE AND EXCHANGE PURPOSES_..NO DOCUMFNTARY FEE REQUIRED. II _ 11 also known as street and number TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges th to • belonging or in ,nv wise thereunto appertaining. and all the estate, right. 11th', interest and claim wi he ' said part at ii s)' of the first heirs ad either in law or equity, to the enl)•proper use. benefit and hehwfof the said partY of the second part.he r heirs and assigns forever. IN WITNESS WTI EREOF, The said part y of the first part ha S hereunto set her hand 'I and seal the day and )•ear first above written. , i1 SignrJ, Sealed .rid Delivered in the Presentee( Freda Lee Dreiling STATE or COLORADO. PL Cnnntyet Adams I IThe (oregoinr instrument was acknowledged before me this • 1982.b7 Freda Lee Dreiling. llyeomml.ai-n repine )4s,� are * rt1,UTA/lr• ; 'a 1 wkd9rlrss of } t rnry Public: .. P'' z....... 2nd _—__.ISEA LI ISEALI ---_ 18F.ALI daya( November ,19 Witness my hand and.(ticta( 'cal 1/ r • P - 3 r 847 �_ 4 0CT 5 1y18 'loch ,. 17688:ii. Mary AN. tgu.,llc:n. Records(ASC. h4. �•• '. , PERSONAL REPRESENTATIVE'S DEED (Testate Estate) THIS DEED is made by DORIS ACKERSON as Executrix a,I:i 11.- ?:•' z:fni'- Representative of the Estate of LENA ACKERSON, deceased, Grantor to Myrna Kay Slabaszewski formerly Myrna Kay Ackerson.. 205 Stanfield, Cheyenne. Wyoming and Freda Lee Dreiling formerly Freda Lee Ackerson, GO South 14th Avenue, Brighton. Colorado, Grantees. WHEREAS, the above -named decedent in Ler lifetime made and executed her Last Will and Testament dated June 28, 1950, which Will, the First Codicil thereto dated December 19, 1950. the Second Codicil thereto dated March 23, 1951, and the Third Codicil thereto dated July 22, 1955. were duly admitted to probate on March 9, 1964, by the District Court in and for the County of Weld, and State of Colorado, Probate No. 9385; WHEREAS, Grantor was duly appointed Executrix of said Estate on March 9. 1964, and is now qualified and acting as Personal Representative of said Estate. NOW. THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code. Grantor does hereby sell, convey, assign, transfer and set over unto Grantees: Myrna Kay Slabaszewski formerly Myrna Kay Ackerson and Freda Lee Dreiling formerly Freda Lee. Ackerson. their heirs and assigns forever, share and share alike, as tenants in common as the persons entitled to distribution of the property under the above captioned Will,and Codicils thereto, the following described real property situate in the County of Weld, State of Colorado: The East 60 acres of the Southwest Quarter (SW 1/4) of Section Twelve (12) and the Southeast Quarter of said Section Twelve (12) , all in Township One (1) North. Range Sixty-seven (67) West of the Gth P.M.. and the West Half of the Southwest Quarter of Section Seven (7). Township One (1) North, Range Sixty-six (66) West of the bill P.M., together with one share of the capital stuck of the Brighton Ditch Company. With all appurtenances. free and clear of liens and encumbrances, except instruments of record. but subject to the restrictions on the right to sell the same as contained in the Will. As used herein, the singular includes the plural and the masculine gender the feminine and neuter genders as the context may require. Executed September 15 , 1978. �rnTr nr rn*nnnnrl L44 Doris Ackerson. as Executrix and Personal Representative of the Estate of . NA ACKERSON, deceased. P - 4 A AGREEMENT AND OPTION TO LEASE 5` �}�; � REAL PROPERTY THIS AGREEMENT AND OPTION is entered into this >ar, day of , 1984 by and between MYRNA K. SLAEASZEBKI and FREDA , L. DRRILING of Ft. Lupton, tColorado,afifirst stOpartties, hereinafter, a"' designated "Owners" or "OP Colorado, second party, Colorado Corporation, of Henderson, herein- after designated "Front Range" or "Optionees W I T N E S S E T H; ¶IHEREAS, the undersigned parties desire to enter into this Agreement to give Front Range and option to lease the Owners' vacant land, and WHEREAS, the Owners do hereby state and represent that they own said lands and have the legal right to lease same without tathe approval of any other parties and that they desire to grant option and to lease same upon the terms and conditions hereinafter set forth, and WHEREAS, Front Range desires to obtain said option and to lease said lands upon the terms and conditions hereinafter set forth, NOW, THEREFORE, the parties do hereby mutually agree as follows: 1. OPTION: That in consideration of the sum of um oFront Five Rthouthousand the (U.S. $5,000.00) dollars earnest money paid by in co, receipt of all opwhich lofhereby partieswcontainedand, hereinfurther, and consideration of the le 'promisesthe Owners do hereby grant and other good and valuable consideration,_ convey to Front Range and its assigns,_the-exclusive right, power and ht of al option to lease and/or the first rightaof refusaldto lease Colorado: the following described real property, See"Exhibit A" attached hereto and incorporated herein by reference for the complete legal alndes- cription, consisting of four parcels of con- taining approximately 400 acres of vacant land. 2. OPTION MONEY - DEPOSIT: That said $5,000.00 earnest money shall be held by the law firm of Gaunt, Dirrim and Coover, Brighton, Colorado and shall be immediately deposited in an interest earning account. Said earnest money and any accrued interest thereon shall be disbursed as hereinafter provided. 5. LEASE - TERM: That said Lease shall provide for an initial term of five (5) years. In addition, Front Range shall be given options to renew for two (2) additional successive terms of five (5) years each and options to renew thereafter for additional successive terms of one (1) year each up to five (5) additional one (1) year periods. Thus, ( said''tease may be as long as twenty (20) years. The Lease shall commence within ninety (90) days after issuance of the necessary permit from the Weld County authorities. Front Range shall have„the right to terminate said Lease for any reason at any time upon giving ninety (90) days prior written notice to the Owners. 7. CONTINGENCIES: That th,i's Agreement and Option is specifically contingent upon the following conditions: a. TESTS: Front Range shall immediately after the signing of this Agreement conduct such tests as it deems necessary and proper to determine the extent and sufficiency of the sand and gravel deposits located on said lands. Said tests shall be completed within sixty (60) days after the signing of this Agreement and all costs thereof shall be paid by Front Range. If Front Range is not satisfied with the results of such tests, then written notice thereof shall be given to the Owners within said sixty (60) days after signing this Agreement and this Agreement shall be null and void and said $5,000.00 earnest money shall be refunded to Front Range and each party shall be released from all liability pertaining to this matter. The accrued interest on said earnest money shall be paid to the Owners. Front Range hereby agrees to indemnify, defend and save the Owners harmless from any and all claims, liability, mechanic's liens or other obligations pertaining to said tests. Q1:2 b. 'PERMIT: If said tests are satisfactory, then Front Range shall immediately apply to the Weld County authorities (and any other governing authorities) for the necessary permit to con- duct the contemplated sand and gravel business on said lands. The Owners agree to co-operate with Front Range in said permit application and to sign all necessary documents pertaining thereto. Said application shall apply to all of said lands (approx- imately 400 acres) .described on "Exhibit A". If said application is not approved, then this Agree- ment shall be null and void and said $5,000.00 earnest money shall be refunded to Front Range and each party shall be released from all liability pertaining to this matter. The accrued interest on said earnest money shall be paid to the Owners. If said application is not approved Front Range, in its sole discretion, may decide to appeal such adverse decision and shall pay all attorney fees and costs of such appeal. This agree- ment shall remain in full force and effect during such appeal procedures and said $5,000.00 earnest money shall be held by the law firm of Gaunt, Dirrim, and Coover, Brighton, Colorado, as hereinabove provided. 8. OPTION - TERM: This Agreement and Option shall remian valid and in full force and effect (subjedt to earlier termination as provided in Paragraph 7, above) until August 1, 1985, at which time it shall expire, unless extended in writing by the parties, or unles automatically extended as hereinafter provided. _ If said permit application is still pending on August 1, 1985, then this agreement and option shall be automatically extended until the expiration of ninety (90) days after the date of the approval or denial of said permit. 9. EXERCISE OF OPTION: That if said permit is granted, then Front Range shall exercise said Option to lease said lands within ninety (90) days after the issuance of said permit, by giving written notice thereof to the owners by personal delivery thereof or by mail (via certified mail withreturn receipt requested and postmarked on or before said expiration date) at the address of the Owners set forth below. If said permit is granted, then said $5,000.00 earnest money and all accrued interest thereon, shall be immediately disbursed to the Owners and shall be considered as full payment for granting said Option and participating in said permit application. Q 1 7 3 10. RECLAMATION PLAN- That Front Range shall }- solely responsible for the preparation . 1 cost of any reclamation .lan required by the State of Colorado or Weld County authorities in connection with said permit application. Front Range agrees to include the following provisions and limitations;in said reclamation plan: a. LAKE: A maximum sixty (60) acre open water area (lake) located in Parcels one (1) and two (2), described on Exhibit A. b. FENCE: Front Range shall provide and nay the cost of all materials only for fencing (Owners shall pay for and provide labor to install all fencing) for any and all open water areas (lakes) in said plan. c. CATTLE GUARDS: Front Range shall provide and pay the cost of materials only for all necessary cattle guards (Owners shall pay for and provide labor to install all cattle guards) included in said plan. d. BRIDGES: Front Range shall provide and pay the cost of materials and labor to repair and replace any necessary bridges included in said plan and said bridges shall be constructed in accordance with County or State specifications and shall be at least the same size or larger than the existing bridges. e. WATER AUGMENTATION: Front Range shall provide, purchase and pay the initial cost of any and all water augmentation required by the State Water Engineer in said plan, together with any and all annual assessments or fees pertaining thereto during the term of said lease and mining operations. All of said water rights or shares shall become the property of the Owners upon the termination of said lease and mining operations and Front Range shall convey ownership and title thereto, Cite and clear of any liens and encum- brances, to the Owners at such time. 11. FORM OF LEASE: That £he Lease Agreement to be signed by the parties shall be in the form of "Exhibit C" attached hereto and incorporated herein by reference. 12. ASSIGNMENT: That Front Range may assign this Agreement and Option and any subsequently signed Lease Agreement to any other person or legal entity at any time. 12. a. The Owners will retain the right to renegotiate paragraph four (4) of this lease. 13. BINDING EFFECT: That this Agreement and Option shall be binding upon the the parties hereto and their respective heirs, personal representatives, successors and assigns. The signatures below of the parties hereto signifies only their consent to the above major terms and conditions of said Option. Q 1 - 4 EXHIBIT A (Land in Weld County, Colorado) 1. PARCELONE: Eighty (80) acres located in the W 1/2, SW 1/4 of Section:7:,.T. 1 N., R. 66 W. of the 6th P.M. 2. PARCEL TWO: Eighty (80) acres located in the E 1/2, SE 1/4 of Section 12, T. 1 N., R. 67 W. of the 6th P.M. 3. PARCEL THREE: Forty (40 ) acres located in the NE 1/4, NW 1/4 of Section 12, T.1 N.,R. 67 W. of the 6th P.M. 4. PARCEL FOUR: Two hundred (200) acres located in Section 1, 11 and 12, T. 1 N., R. 67 W. of the 6th P.M. EXHIBIT B (Definition of "Premium"and "Non-PremiuIli' Products) A. PREMIUM PRODUCTS: 1. 1 1/2" Roadbase (crushed materials) 2. 1" Roadbase (crushed materials) 3. 3/4" Roadbase (crushed materials) 4. 3/4" Asphalt mix (crushed materials) S. 1/2" Asphalt mix (crushed materials) B. NON -PREMIUM PRODUCTS: 1. Structural fill (waste materials from crushing process) 2. 3/8" Harp (sandy materials from crushing process) 3. Pit -run (non -crushed raw materials) Q 1 7 6 and Lease and the Agreement shall not be fully effective and binding until the preparation and approval of the Lease Agreement to be attached hereto as "Exhibit C". Freda L. Dreiling 4025 Weld County Road 23 Ft. Lupton, CO 80621 659-1432 Myrna K. Slabazewski 11471 Weld County Road 10 Ft. Lupton, CO 80621 857-2795 STATE OF COLORADO COUNTY OF BOULDER ) ) SS. FRONT RANGE ASPHALT CO. The foregoing Agreement and Option To Lease Real Property was acknowledged before me this Day of , 1984 by Jerry L. Rhea, President of Front Range Asphalt Co. My Commission expires: ( S E A L ) STATE OF COLORADO ) COUNTY OF ) ss. Notary Public Address: The foregoing Agreement and Option To Lease Property was acknowledged before me this day of ,1964 by Myrna K. Slabazweski and Freda L. Dreiling. My Commission expires: Notary Public Address of Notary: AL GOVERNMENT APPROVAL BY WELD COUNTY WILL BE FORWARDED WHEN AVAILABLE. Q2 OTHER PERMITS AND LICENSES WILL BE FORWARDED WHEN AVAILABLE 03 Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION N RICHARD L. HEIN 6386 WELD COUNTY ROAD 23 62 1469 01 000027 AND FORT LUPTON, CO. 80621 62 1469 01.000081 ETHYL S. BURGE 11371 HIGHWAY NO. 52 62 1469 01 000028 FORT LUPTON, CO. 80621 ALICE PEHR C/fl 11222 HIGHWAY Mn S? F? 14Fi.9 ni nrloo2n WILLIAM PEHR VALERIE HITCHINGS C/O 37 TODD HITCHINGS MORRISON- CO. 80465 FREDA DREILING -4025 WELD COUNTY ROAD 23 v 6? 1469 12 QOnn26 FORT LUPT • MARY EVELYN LEINWEBER 4686 WELD COUNTY ROAD 23 62 1469 12 000036 FORT LUPTON, CO. 80621 MYRNA SLABASZEWSKI, ET.AL. 4025 WELD COUNTY ROAD 23 62 1469 12 000014 AND 62 1469 12 00039 62 1471 07 000008 `-f-7::>1- q j t;(„ FORT LUPTON, CO. 80621 HARRY S. CHICKUMA & MARY K. 3550 WELD COUNTY ROAD 23 ✓ 62 1469 13 000012 FORT LUPTON, CO. 80621 Q 4 - 1 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property FRONT RANGE SAND & GRAVEL OPEN CUT GRAVEL PIT STATE OF COLORADO ) 55. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. i Gam The foregoing instrument was subscribed and sworn to before me this 30 day 1985 by T3 4c'W2c. WITNESS my hand and official seal. My. Commission expires: C/ / G /.98 VT it • ul :a , C Notary Public Q 4 - 2 Richard D. Lamm Governor DEPARTMENT OF NATURAL RESOURCES David H. Getches. Executive Director MINED LAND RECLAMATION DIVISION DAVID C. SHELTON, Director August 1, 1985 Mr. Bill McQueary Manager Front Range Sand and Gravel 5251 East 78th Avenue Commerce City, Colorado 80022 Re: Fort Lupton Pit Permit Application - File NO. M-85-088 Dear Mr. McQueary: We have reviewed the above -referenced application and have the following questions and comments. Please address each item, in detail, at least seven (7) working days prior to the August 21-22, 1985 meeting of the Mined Land Reclamation Board. p/Application Form The proposed future land use of conservation and open space cannot be accepted. This Division does require a more specific beneficial land use description. The descriptions of wildlife habitat or pasture land as provided on page E-1 of the application are acceptable. Please provide a revised future land use. ?Application Fee The application form indicates a total permit acreage of 200 acres. Application fees for 200 acres would be $1,6000.00 rather than the submitted $1,585.00. Please correct the permit acreage or submit the additional $15.00. .xhibit B - Index Map 1. The index map shows three (3) shaded regions in addition to an area bounded by a solid line. Please submit a revised index map which clearly delineates the actual proposed permit boundary. Exhibit C - Pre -Mining Plan Map 07. The Board can deny a permit if the mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred (200) feet of the affected land, except where there is an agreement between the operator and the persons having an interest in the structure which assigns responsibilty for any damage to the structure. 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 8663567 Mr. Bill McQueary -2- August 1, 1985 Please provide documentation that the owners of the following structures do not oppose your affecting lands within 200 feet of those structures, and/or that there exists an agreement to compensate for any damage to those structures. k State Highway 52 u .' Bottom Ditch 1__ ■Rf y // j f. Any other gas, power, phone or water lines not shown on the map. A. Please explain the operator's plans for the unused corrals etc. in the north part of the Area "A". Does the operator own these structures. What are the apparent structures (hay stacks?) just north of the tank battery? b74. Due to an increasing number of pit breeches alohg.the South Platte River, the Division will be recommending a minimum 100 undisturbed setback, with an additional 50 feet to the actual pit border (total 150 feet) from the river as part of the permit approval. The proposed permit area is located outside a cut bank on the South Platte and it seems that the potential exists for breech during flood flows. The operator may wish to submit a hydrologic/geomorphic discussion as to why the proposed 100 foot setback is sufficient to eliminate any chance of setback failure. Setbacks are measured from top bank locations. V5 . 5. Please provide a map which shows all of the adjacent landowners. k (.� c 0'Pfuse d scuss`"the general hydrologic characteristic's of Big Dry reek. Include estimates of flow frequency, peak flow (cfs) and mean annual flow (cfs). This information will help the Division assess potential flood and erosion impacts to the proposed mine area. Exhibit D - Mining Plan (Area B) 11. Please specify the approximate depth of topsoil on site and the amount in cubic yards to be stored. It is our understanding that topsoil will be redistributed to depth of 10-12 inches. ill. Indicate the approximate depth of mining at Area B. 473. Will dewatering discharge enter the Lupton Bottom Ditch? If so, please show that the operator has permission to use the ditch. Also, check for possible NPDES requirements. Will the settling pond discharge by overflow or will seep and `vfD li 5 vaporation be the primary drainage means: 1/5. Will there be any topsoil storage areas other the pit side locations? - Mr. Bill McQueary -3- August 1, 1985 Exhibit D - Mining Plan (Area C) As previously specified, the Division will be recommending a minimum 150 foot setback from the South Platte River, of which 100 feet should remain undisturbed. /d. Please specify how the operator will insure that mature cottonwoods along the'QDQ foot setback area are not affected by dewatering operations. Many operators divert dewatering discharge to the trees via 6 inch irrigation ain line. J'3. Will topsoil be stored along pit margins as in Area B? Will there be other storage areas? Since any mining in Area C will directly impact Big Dry Creek and flow in the Lupton Bottom Ditch, it is necessary to provide the complete mining plan at this time. It seems unwise to attempt channel reconstruction as shown in the reclamation plan map. Flood flows along Big Dry Creek would undoubtedly breach any artificial channel boundaries since the operator is proposing an apparent right angle at the intersection of Big Dry Creek and the (Lupton Bottom Ditch. X45. If the operator does choose to relocate the channel, the Division will require a complete hydrologic analysis which shows that the proposed location will in fact function properly. This should include maps, channel design diagrams and flow information as certified by a qualified professional engineer. Any hydrologic report must include the potential impacts to upstream and downstream channel and ditch areas which may result from the relocation project. The Division highly recommends revising the mining plan to excavate oci'y areas adjacent to the creek maintaining a 50 foot setback from the creek. %/8. Please show that the ditch owners do not oppose your channel relocation proposal. 14/9. Provide documentation which indicates that a 404 Permit will not be required for channel relocation. Exhibit E - Reclamation Plan Please specify the operator's revegetation plans. Include species mix, to of application (lbs/PLS), scheduling, etc. Also indicate such factors as fertilizer and mulch plans. Exhibit G - Water Resources d(fl. Be sure that all water rights issues are properly addressed. Mr. Bill McQueary -4- August 1, 1985 // Exhibit J - Vegetation U✓ 1. Please forward these materials as soon as possible. JJExhibit 0 - Source of Legal Right to Enter 1. The submitted lease document has not been signed by the landowner. Please submit a signed copy. Please provide proof of landowner and adjacent landowner notification and the legal proof of newspaper publication as soon as possible. Do not hesitate to call with any questions. Sincere David Berry Reclamation Specialist DB/ph 2386F cc: Mr. Gerald B. McRae f11CHARD D. LAMM Governor OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 July 31, 1985 JERIS A. DANIELSON State Engineer MEMORANDUM AUG 219,95 M.INEDIA 1pA /1t T0: David Berry, Mined Land Reclamation Di ision EDjull lift,' FROM: Hal D. Simpson, Deputy State Engineer D If pr,. a ,� SUBJECT: Front Range Sand and Gravel, Fort Lupton Pit, #M-85-088 Sec. 7, TIN, R66W, and Sec. 1, 12, TIN, R67W As requested, we have reviewed the above referenced application for a permit to mine sand and gravel on 185 acres, 1.5 miles southwest of Fort Lupton, Colorado, in Weld County. The application states the proposed reclamation of the mining area to be wildlife habitat, pasture land, and ponds. Using an impoundment of water for recreational purposes, including fishery and wildlife, has been defined in Section 37-92-103, CRS (1973), as putting the water to beneficial use. Since the source of water for the new pond that will be created by the gravel pit operation is ground water and the ground water will be used beneficially, we require that a well permit be obtained from our office. The well permit must be obtained prior to excavation of the new gravel pit area. Otherwise, Front Range Sand & Gravel will be in violation of Section 37-90-137, CRS (1973). Since the gravel pit is located in an over - appropriated basin, the well permit could not be obtained until a court approved plan for augmentation has been developed. "Plan for augmentation means a detailed program to increase the supply of water available for beneficial use in a division or portion thereof by the development of new or alternate means or points of diversion, by a pooling of water resources, by water exchange projects, by providing substitute supplies of water, by the development of new sources of water, or by any other appro- priate means..." (Section 37-92-103(9), CRS (1973)). Front Range Sand & Gravel should devise an augmentation plan to replace the out -of -priority consumptive use associated with pond evaporation and other out -of -priority consumptive uses of water. We advise Front Range Sand & Gravel to hire a water consultant to develop the augmentation plan. Memo to David Berry Page 2 July 31, 1985 The surface area of the pond that will be formed in the mining process is 110 acres. The amount of water lost to the South Platte River basin due to evapo- ration from this amount of water surface is 302 acre-feet. The portion of these losses which occurs during the irrigation season is equivalent to the amount of water needed to meet the irrigation needs of approximately 135 acres of corn. We used the Modified Blaney-Criddle Formula to calculate this figure. Since the South Platte River is already over -appropriated, this will result in a significant loss of water to downstream irrigators. On page El of the application, it states: "Disturbance to the hydrologic balance will be minimized by: (1) compliance with applicable Colorado Water Laws and Regulations governing injury to existing water rights." Unless a plan for augmentation is developed to replace the water loss to the system due to evaporation, the operation will injure existing water rights. Therefore, we cannot recommend approval of the permit until the applicant is capable of mitigating the injury that will be -caused by the project. Further, we will order Front Range Sand and Gravel to cease operations if our Water Commis- sioner determines ground water is being exposed without a well permit. Also in Exhibit E (page E2), the application states that the operator will be in compliance with applicable Federal and Colorado Dredge and Fill require- ments. The applicant claims that dredge and fill is not part of the opera- tion. We feel that the relocation of Big Dry Creek will surely include the placement of fill material into the original streambed and, thus require a permit for discharge of dredged or fill material (404 permit). Unless this permit is obtained, the operator will not be in compliance as the applicant states in the application. In summary, we cannot recommend approval of this application until the issues discussed in this letter are adequately addressed. HDS/JCM:ma/5182H cc: Jim Clark, Div. Eng. McRAE & SHORT, INC. 1227 - 8th Avenue Greeley, Colorado 80631 Telephone (303) 356-3101 -al '*(6.00 Engineering, Surveying, Planning & Land Development August 12, 1985 PROJECT NO. 85013 Mr. David Berry, Reclamation Specialist Department of Natural Resources Mined Land Reclamation Division 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 - RE: FRONT RANGE SAND & GRAVEL FORT LUPTON PIT PERMIT APPLICATION - FILE NO. M-85-088 Dear Mr, Berry, Mus 125. MINED LAND RECLAMATION DIVISION The attached information is in response to your letter of August 1, 1985. We hope it will answer the questions raised. We have labeled the response as Addendum No. 1. Please let us know if you have further questions. Sincerely, McRae & Short, Inc. Gerald B. 11cRae, P.E. & L.S. Enclosures: Addendum No. 1 Soil Conservation Service Information Pre -Mining Plan -- Revised Mining Plan -- Revised Reclamation Plan -- Revised - ADDENDUM NO. 1 Front Range Sand and Gravel Open Cut Gravel Pit ( August 12, 1985 ) RECEIVED AU612 1985 MINED LAND RECLAMATION DIVISION Application Form: The "Future Land Use" has been revised to show:. Wildlife habitat, Pastureland and Ponds. Area A is presently unused pastureland and would revert to similar use. Future land use on Areas B and C are addressed in the Reclamation Plan. Exhibit B - Index Map: The index map has been clarified. The heavy line indicates the total area under the mineral lease. The shaded areas are those specific areas included in the mining application for the area to be included in the Permit and to be used for:office, plant, access, storage and mining. Exhibit C - Pre -Mining Plan: The operators are obtaining the necessary approvals from the owners of man made improvements within 200 feet of the areas to be mined. The revised mining plan shows there will be no mining within 200 feet of State Highway No. 52 or the High Voltage Electric Line. This leaves the Oil Well on Parcel B, the oil collection lines and tank. battery, and: the Fort Lupton Bottom Ditch. We are not aware of any other utility lines affecting the project. Question C-2: The corrals and shed in Area A are owned by the owner, but are in a dilapidated condition. He agrees to let the lessee clear and level the site for the office and maintenance area. Question C-3: There are presently haystacks located along the East side of Area B. These will be used or relocated by the owner prior to mining this location in the 7th and 8th years of the operation. Question 6-4: The operator agrees to the additional setback along the South Platte River. Addendum No. 1 Front Range Sand & Gravel August 12, 1985 Question C-5: The Pre -Mining Plan (Sheet 1 of 3) has been revised to show the location and addresses ofthe adjacent landowners. Exhibit D - Mining Plan (Area B) : Question 1: Based on a semi;annual rate of 5± Acres for removing topsoil from an area to be mined, a topsoil storage stockpile of 4000 CY would be required. This would require about 1/2 acre of land to a depth of 5.4 feet. Adequate topsoil from the mining areas will provide for a minimum of 10" to 12" of topsoil along the banks and other areas to be reclaimed. Question 2: For Area B, the Soils Report indicates sand and gravel thick- ness from 13 to 41 feet, with an average thickness of about 30 feet. Bed- rock varies from 24 feet to 52 feet below the surface in Area B and this would be the range in pond depth when the mining is completed. Question 3: The initial plan is to use the Lupton Bottom Ditch for de - watering dischargal from Area B. If agreement with the Ditch Company cannot be reached, the operator will discharge this water directly to the South Platte River. The operator will obtain the necessary NPDES discharge permits. Question 4: The settling ponds will discharge primarily by overflow. Some discharge will occur through percolation and evaporation. Question 5: All topsoil stockpile will remain in and adjacent to the pit areas. Only the topsoil in excess of the reclamation requirements will be removed from the site. Exhibit D - Mining Plan (Area C): Question 1: The operator is in agreement to use a 100 foot undisturbed set- back plus a 50 foot mining setback from the top of bank of the South Platte River. This will affect the total mined area and volume of sand and gravel removed, but will not alter the mining plan or procedure. 2 Addendum No. 1 Front Range Sand & Gravel August 12, 1985 Question 2: The operator will establish an irrigation system using the de - watering discharge to insure the mature Cottonwood trees in the setback along the South Platte River are protected from the dewatering operation. Question 3: Topsoil will be stored along the pit margins and handled as in Area B and as outlined in the Reclamation Plan. Questions 4 through 9: The Mining Plan has been revised to excavate only areas adjacent to Big Dry Creek, leaving a minimum 50 foot setback from top of bank. The timetable for mining in Area C is about 8 years hence. If the operators pursue a relocation of Big Dry Creek, the necessary design, approval and permits will be obtained and a:.new application made to the Mined Land Reclamation Board. Exhibit E - Reclamation Plan: Question 1: The Soil Conservation Service has responded to our request for review and their recommendations are enclosed. The operator will follow these recommendations in the reclamation plan. Exhibit G - Water Resources: The operators are aware of the water rights issues and our recommendations that a water consultant be retained to address and complete these matters. Exhibit J - Vegetation: Refer to the Soil Conservation Service report attached. Exhibit 0: A signed lease document will be provided by the operator. 3 REGULAR (112) PERMIT APPLICATION FORM • „ocation and Elevation ��/��/ and direction from t town and approximate e elevation) 1.5 MILES SOUTHWEST OF FORT LUPTON SITE ELEVATION 4910 County WELD COUNTY ta. Total Surface Acreage to be In- cluded in Permit. (see Rule 1l(2)) 200 ACRES b. Total Acreage of Affected Lands (see Rule 2.11(14)) 185 ACRES 4. Application Fee (see RULE 2 to determine amount, based on permitted area) $1585.00 5. Present Land Use (i.e., agri- cultural, industrial, etc.) 30. ACRES, FALLOW AND IMPROVEMENTS 40 ACRES ALFALFA; 130 ACRES RIVER BOTTOM PASTURE 6. Surrounding Land Uses AGRICULTURAL 7. Proposed Future Land Use (final use after reclamation) WILDLIFE HABITAT, PASTURE LAND AND PONDS 4. _ L. List Mining Operations Currently In Violation of the Act. (see 34-32-120) NONE The Lands Herein Do Not Affect any of the Lands Described in Section 115(4)(f) of the Mined Land Reclamation Act. (specify affirmation) NO SUCH !ANDS WITHIN PERMIT AREA MAPS AND EXHIBITS th each of the five (5) copies of the application form, the applicant must submit a correspond - g set of the maps and exhibits outlined in RULE 2, as follows: EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I EXHIBIT J EXHIBIT K EXHIBIT L EXHIBIT M EXHIBIT N EXHIBIT 0 EXHIBIT P - Legal Description - Index Map - Pre -mining and Mining - Mining Plan - Reclamation Plan - Reclamation Plan Map - Water Information - Wildlife Information - Soils Information - Vegetation Information - Climate - Reclamation Costs - Compliance with Local Zoning - Other Permits or Licenses - Source of Legal Right to Enter - Owners of Record of Surface and Subsurface Plan Map(s) of Affected Lands Rights) See See See See 34-32-115(4)(e)&109(6)&(8) 24-32-115(4)&(4)(c) 34-32-112(2)(d) 34-32-112(2)(b)&(c) REVISED: 8-12-85 4 VICINITY MAP - EXHIBIT B FRONT RANGE GRAVEL PIT 4 REVISED:8-12-85, • 0 tM)4892 1r Pr - N. 32 P rt Ltiptoji (BM 4914 TOTAL LEASE AREA GRAVEL PIT PERMIT AREA United States Soil Department of Conservation Agriculture Service June 3, 1985 McRae and Short, Inc. c/o Gerald B. McRae 1227 8th Avenue Greeley, CO 80631 RE: Front Range Sand and Gravel 60 South 27th Avenue Brighton, CO 80601 659-7004 Enclosed please find the information that you requested regarding the mining and reclamation plan for the above referenced pit. SOILS: The soils found on the area are classified as Colombo clay laom, 0-1% slopes (Area A) and Aquolls and Aquents with a gravelly substratum. These soils are typical of those found along the stream beds and river bottoms in Colorado. A complete discription of these soils can be found in "Soil Survey of Weld Sounty, Colorado - Southern Part". A copy of this report can be obtained from our office if you do not already have one. VEGETATIVE INVENTORY: The vegetation found in areas A and C consist of: GRASSES ANNUALS Alkali sacaton Kochia weed Common cheatgrass Mustard weed ` Western wheatgrass Wild lettuce Switchgrass Canada thistle Sedges Bull thistle Field bindweed Rushes Curly dock Wholly plantum Area "B" is currently being used as irrigated hayland with alfalfa and brome grass being the dominate species. In it's present condition, average annual yield should be around 4 tons per acre.. There are also small patches of annual weeds around the edges of the fields. RECLAMATION REVEGETATION RECOMMENDATIONS: After mining operations are completed, all slopes should be stabilized and revegetated to control erosion. All runoff should be directed away from the slopes and not allowed to run onto the slopes. If slopes are to be seeded, final grades should be no steeper than 4:1 with 6:1 or flatter slopes being much more desirable. If needed, topsoil should be added and thoroughly mixed to a depth of 6 inches. A soil sample should be taken and analyzed for fertilizer recommendation. In no case should less than 4011 of nitrogen and 4011 of phosphorous be applied immediately prior to seeding and lightly mixed into the soil. Del cyce Au J-1 Page - 2 Grass seeding should be done between October 15 and April 15. The following mix would be recommended for this site: Nordan Crested Wheatgrass (50%) = 5#PLS Oake Intermediate Wheatgrass (25%) = 4#PLS Luna Pubescent Wheatgrass (25%) = 4#PLS 13#PLS The use of a grass drill with depth bands is highly recommended. If slopes will not permit the use of a grass drill, then either broadcast seeding or hydro -mulching can be used. If either of the'latter methods are used, the seeding rate should be doubled. After seeding is completed, the area should be mulched with 4000#/ac of good, clean wheat straw or native hay. This mulch should be applied evenly and "crimped" into the soil. At least 50% of the mulch should be 10 inches or more in length. i hope the above information will be satisfactory for your needs. If I can be of further assistance, please feel free to call on me. Sincerely, No man J. (dells, Jr., Soil Conservationista•' NJW/lJg J Richard D. Lamm Governor DEPARTMENT OF NATURAL RESOURCES David H. Getches, Executive Director MINED LAND RECLAMATION DIVISION DAVID C. SHELTON, Director November 20, 1985 Mr. Bill Mc Queary, Manager Front Range Sand and Gravel 5251 East 78th Avenue Commerce City, Colorado 80022 Re: Fort Lupton Pit - File No. M-85-088 Dear Mr. Mc Queary: We have, just a few remaining questions regarding the above -referenced application. Please address each of these separately and in detail as soon as possible so that we may have your response prior to the November 25, 1985 Board meeting. J 1. Please submit the agreements pertaining to mining within 200 feet of the oil well and tank battery. '",h°w:°5 Please submit information sharing the location of the Lupton Meadows irrigation ditch and information verifying no affect to the ditch or an agreement to cover damage to the ditch. 3. Does the operator have an NPDES permit for settling pond discharge? Such a permit might be required. y(4. Please provide the seed mix to be used for final reclamation. This would include four or five species, preferably native to the region. Include rates, method and schedule of application. is. Submit written verification of local government approval. 6. We recommend that the site be completely fenced, please comment. V7. How will the operator control dust production on site? Thank you for your cooperation and I look forward to your reply shortly. Sincerely, DavidBerry Reclamation Specialist DB/ljc 5063F 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 McRAE & SHORT, INC. 1227 - 8th Avenue Greeley, Colorado 80631 Telephone (303) 356-3101 Engineering, Surveying, Planning & Land Development November 22, 1985 PROJECT NO. 85013 Mr, David Berry, Reclamation Specialist Department of Natural Resources Mined Land Reclamation Division 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 - RE: FRONT RANGE SAND & GRAVEL FORT LUPTON PIT PERMIT APPLICATION - FILE NO. M-85-088 Dear Mr. Berry, "'Ebel freao MIN Nov ,e 198 c�° °tor �� w8�q k�qT/ oN The attached information is in response to your letter of November 20, 1985. We hope it will answer the questions raised. We have labeled the response as Addendum No. 2. Please let us know if you have further questions. Sincerely, McRae & Short, Inc. Gerald B. McRae, Professional Engineer and Land Surveyor. Enclosures: Addendum No. 2 Soil Conservation Service Information Local Approval Resolution on Stay Order ADDENDUM NO. 2 Front Range Sand and Gravel Open Cut Gravel Pit (November 22, 1985) 1. Acknowledgements and project approvals have been received from the owners of improvements ,within 200. feet of the mining operation. Cotton Petroleum requested that the tank battery be fenced and the access road be open and maintained for their use. The operator has agreed to these conditions. The Highway Department and the Lupton Bottom Ditch Board have agreed to the project. Both of these owners will receive and must approve the final details of the proposed improvements as to the ditch crossing and the high- way widening prior to any construction within their Right -of -Ways. 2. In regards to the irrigation ditches crossing the subject property, it is our understanding that the Lupton Bottom Ditch traverses Area A, and thence along the South side of. Highway No. 52 Right -of -Way; the Lupton Bottom Ditch and Big Dry Creek, a natural drainage, traverse Area C; the Lupton Meadows Ditch commences near the center of the Northeast Quarter of Section 1 12, Township 1 North, Range 67 West and does not affect the subject pro- perty. 3. The operator understands that any discharge of water to the river from the de -watering and/or plant operations through the settling pond will require a NPDES discharge permit. If the applications are approved, the permits will be obtained prior to any operation of the gravel pit affecting the water or its discharge on the site. 4. The Soil Conservation Service recommendations for the re -seeding mix, the topsoil,slopes, grading, planting season, seeding methods and mulching are included in Section J of the report. We are also attaching a copy of the Soil Conservation Service standard mulching specifications. Addendum No. 2 Front Range Sand & Gravel November 22, 1985 5. Attached is a copy of the November 13, 1985 minutes of the Weld County Board of County Commissioners meeting showing their approval of the "Use By Special Review" for this Open Cut Sand and Gravel Operation. The Resolution of Approval will be completed and signed on Monday, November 25, 1985. The conditions and standards of the operation as approved by the Board will be added to the plats prior to recording. A "Stay" of Proceedings has been filed on this application against the County Commissioners by Alvin and Josephine Dechant, and Alice and William Pehr. A copy of the Resolutionconcerning this matter is attached and will also be signed Monday, November 25,1985 by the County Commissioners. This "Stay" will remain in effect until furtherorder of the Weld County District Court. A hearing has been set for January 7, 1986 in County Court. 6. The operator will provide fencing and cattle guards as requested by the land owner for the protection of animals and the agricultural operation. Where necessary to protect the operation from adjoining land uses and/or trespass, the operator will install suitable fences and signs. 7. Dust control measures will be taken to insure meeting the Fugitive Dust Permit requirements. As the mining operation is essentially a wet pit operation, a minimum amount of dust will be created at this stage. The stockpiles will be either damp asexcavated, or washed and graded. The major source of dust will be from the plant site and access roads. Only the areas to be used will be cleared and graded.Areas of high traffic around the entrance, scale, and office will be paved' with asphalt. This will be the area nearest Highway No. 52 and the nearest residences. All other access roads will be gravelled, maintained and watered as necessary to minimize the dust created.by•traffic. 2 i UNITED STATES DEPARTMENT OF AGRICULTURE Soil Conservation Service Colorado STANDARDS AND.SPECIFICATION MULCHING -.484 (Acre) Standard Definition Applying plant residues or other materials not produced on the site to the soil surface. Purpose To conserve moisture; prevent surface , compaction or crusting; reduce runoff and erosion; control insects; and help establish,plant cover. Conditions where practice applies On soils subject to erosion on which low -residue -producing crops, such as grapes and small fruits are grown; on critical areas; and on soils that have a low infiltration rate. Specifications A. General 1. The area shall be relatively smooth and free of gullies or. drifts. 2. Mulching material shall be applied immediately before or after seeding unless seed is applied with the mulch. When stabilizing sandy soils it is recommended that seeding will be done after mulch application to prevent seeding too deep. For additional information refer to Agronomy Technical Note 1147 (Rev. 1).' TGN 11182 2/82 26 Technical Guide Section IV All Field Offices February 1982 8. Straw or Hay Mulch 1. The material will be grass hay or cereal grain straw (both referred to as straw in these specifications). 2. The normal rate of appli- cation shall be 4,000 lbs/ac. of air-dry material spread uniformly over the area. 3. At least 50% of the mulch . by weight shall be 10 inches or more Ln length. 4. The straw will be free of . noxious weeds. 5. One of the following methods of anchoring the straw mulch will be used: a. Manufactured mulch netting: Mulch netting will be pulled hand tight over straw. Mulch netting will be held firmly in place by metal pins commer- cially available from mulch net manufacturers for this purpose. They are usually made of 8 guage wire and are'6-8 inches long. Pin spacing will be in accordance with the manufacturer's instructions. • If the soil is sandy or otherwise loose, use longer pins and wooden stakes to firmly secure the netting. Richard D. Lamm Governor DEPARTMENT OF NATURAL RESOURCES David H. Getches, Executive Director MINED LAND RECLAMATION DIVISION DAVID C. SHELTON, Director November 6, 1986 Mr. Gerald McRae McRae and Short, Inc. 1227 8th Avenue Greeley, Colorado 80631 Re: Fort Lupton Pit - File No. M-85-088 Dear Mr. McRae: We will present the above -referenced application to the Colorado Mined Land Reclamation Board at the November 20-21, 1986 meeting. After our site inspection of November 4, 1986 and after reviewing the file again, we have a few remaining questions. Please respond to each item separately, and in detail, no later than November 17, 1986. Exhibit D - Mining Plan 1. It is our understanding that the operator does not intend to operate y-`5 asphalt batch plant at the proposed site. Is this correct? 2. Will the settling pond shown at the northeast corner of Area C be the , only settling pond constructed in Area C? If not, please revise the map accordingly. 3. During our inspection of this site, it was observed that the proposed pit location (Area C) is situated along an eroding cut bank of the South Platte River. We are concerned that bank erosion during flood flows may eventually breech areas of the gravel pits. We recommend that the 150 foot setback from the South Platte River remain completely undisturbed. Please verify that the operator will maintain a 150 foot undisturbed setback from the South Platte River. 4. It was also discussed that the setback from Big Dry Creek should be increased to 75 feet. Please verify that the operator will maintain a 75 foot undisturbed setback from all areas of Big Dry Creek, except where it is necessary to construct a bridge across the creek. Again, all setbacks are measured from the top of the channel bank. 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 . 4 Mr. Gerald McRae 2 November 6, 1986 5. How will the operator construct the access road between Areas B and C without damaging the concrete ditch lateral that runs west to east across the center of Section 12? Who controls this ditch? Provide evidence that the owner of the ditch has no objection to your plans. 6. A buried gas pipeline may traverse the proposed site. Is this the case? If so, show the pipeline on a revised map and provide evidence that the owner of the pipeline is in agreement with your plans. Exhibit E - Reclamation Plan 1. Please provide specific details as to the types and density of tree and shrub plants to be established during reclamation. 2. The application indicates that grading will occur to create 3H:1V slopes, yet the Soil Conservation Service (S.C.S.) recommendations indicate gentler slopes (4H:1V - 6H:lV). Please specify the anticipated minimum final gradient for all reclaimed areas. 3. The S.C.S. revegetation recommendations suggest the use of only three species for revegetation. Please submit a new seed mix which uses at least five to six native species. Specify rate and method of seeding. Exhibit L - Reclamation Costs 1. The estimated financial warranty amount of $46,500.00 will be recommended based on the following disturbed acreage estimates: 20 acres minor disturbance 10 acres moderate disturbance 20 acres major disturbance Please understand that the total site disturbance, at any one time, cannot exceed the above -listed amounts. Thank you for your continued cooperation. I look forward to your response shortly. Si nc,er'el Davy Berry Rec ation Specialist cc: Glenn Salmans DAB/bdc 5082F McRAE & SHORT, INC. ,1231- 8th Avenue Greeley, Colorado 80631 Telephone (303) 356-3101 Engineering, Surveying, Planning & Land Development November 17, 1986 PROJECT NO. 85013 Mr. David Berry, Reclamation Specialist Department of Natural Resources Mined Land Reclamation Division 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 RE: FRONT RANGE SAND & GRAVEL FORT LUPTON PIT PERMIT APPLICATION FILE NO. M-85-088 Dear Mr. Berry, RECEIVED NOV 20 1986 MINED LAND RECLAMATION DIVISION The attached information is in response to your letter of November 6, 1986. We hope it will answer the questions raised. We have labeled the response as Addendum No. 3. Please let us know if you have further questions. Sincerely, McRae & Short, Inc. 'herald B. McRae, P.E. & L.S. ADDENDUM NO. 3 FRONT RANGE SAND & GRAVEL COMPANY OPEN CUT GRAVEL PIT NOVEMBER 17, 1986 EXHIBIT D - MINING. PLAN 1. The operation does not include an asphalt batch plant. 2. The settling pond shown in the Northeast Corner of Area C is intended to serve all the areas to be mined in Area C. It is located at the lowest corner of the site. - 3. The operator is aware of the inherent hazards of bank erosion along the river. If the erosion creates a potential problem to the mining operation, the operator will make application to the Corps of Engineers to install some fill and/or rip -rap protection as advisable. The operator is agreeable to maintaining a 150 feet undisturbed setback from the top of channel bank of the South Platte River with all mining operations to be outside the -setback. 4. The operator is also agreeable to maintain a 75 foot undisturbed set- back from the top of channel bank of Big Dry Creek, except where nec- essary to construct bridge access across the creek. 5. The operator will construct a steel beam bridge above the concrete ditch lateral between the areas. The size and elevation will be selected to provide adequate protection to the ditch and its opera- tion. The situation was presented to the Board of the Brighton Ditch and there is general agreement to the proposed crossing. 6. The operator has contacted the oil companies for information on under- ground gas pipelines on the properties. The only lines are "local" lines connecting the well heads to the tank batteries and lie in the "Restricted Area". EXHIBIT E - RECLAMATION PLAN Further discussion with Mr. Norman Wells, Jr., Soils Conservation Service, has provided the following additional recommendations and information. 1. The recommended trees and shrubs for the site would be 4 to 5 species for variety and on the basis of providing a windbreak -type of coverage, a density of 350 trees per acre. Addendum No. 3 Front Range Sand & Gravel Co. November 17, 1986 The following species and spacings would be recommended: 1. Russian Olive 10 - 14 ft. 2. Hackberry 3. Cottonwood (Cottonless) 4. Ponderosa or Austrian Pine 5. Eastern Red Cedar 6. Rocky Mountain Juniper 7. Sumac 4 ft. 8. Caragona 2. The operator agrees to follow the Soil Conservation Service recommenda- tions on maximum slopes for landscaping of 4H :.1V. Slopes below the High Water Line will be 3H : 1V to a point 10 feet below the water sur- face and 2H : lV below this point. The natural grade on the undisturbed areas and unmined areas is essen- tially flat, except along the river 3. The:•Soil Conservation Service has had their best results with the seed mix originally recommended. As an alternate, they would recommend the following: Sideoats Grama (50%) 2.3# PLS/Acre Switchgrass (10%) 0.3 # Little Blue Stem (20%) 2.2 # Western 4lheatgrass (10%) 0.8 # " Blue Grama (10%) 0.1 # The method of preparation and seeding would be as described in the original reclamation plan. The operator requests that the original seeding mix be used and moni- tored and if it does not meet the requirements, the alternate mix be tried. EXHIBIT L - RECLAMTI0N COSTS The estimated financial warranty in the amount of $46,500.00 is acceptable and the maximum amount of disturbed acreages at any one time understood, J DEPARTMENT OF NATURAL RESOURCES David H. Getches, Executive Director MINED LAND RECLAMATION DIVISION DAVID C. SHELTON, Director Richard D. Lamm Governor January 20, 1987 Mr. Jerry L. Rhea President Front Range Sand and Gravel 5251 East 78th Avenue Commerce City, Colorado 80022 Re: Dust Control Plan - Fort Lupton Pit - File No. M-85-088 Dear Mr. Rhea: We have received your dust suppression proposal and additional information, dated January 14, 1987. We have a few questions and recommendations, and these are outlined in this letter. The Mined Land Reclamation Board requested a fairly specific dust control plan. The submitted proposal is not completely adequate. Please address the following items separately, and in detail, no later than February 1, 1987. 1. It is our understanding that the road in Area A,, drawn in pencil, (map received 1/15/87) will be paved. Is this correct? 2. Will there be any traffic or work areas around the scale house that will not be paved? If so, provide specific details. 3. Your plan only addresses the road from Area A to the crusher in Area B. Please revise your plan to include all roads and work areas. 4. Your plan includes the statement that "The gravel roads will be watered on an as -needed basis". Please define "as -needed" and discuss the criteria to be used to determine water requirements. The roads should remain moist throughout daily operations. 5. Please discuss plans to provide tree and shrub plantings along the operation borders. Such plantings usually help to slow wind velocities and to prevent or minimize off -site dust transport. 6. How will the operator control dust during initial stripping operations and during active mining? Thank you for your continued cooperation. We look forward to your reply shortly. Sinc A. Berr ee1anejo rr≤pecialist DAB/tmb 6844F 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 McRAE & SHORT, INC. 1231 -8th Avenue Greeley, Colorado 80631 Telephone (303) 356-3101 Engineering, Surveying, Planning & Land Development January 28, 1987 PROJECT NO. 85013 Mr. David Berry, Reclamation Specialist Mined Land Reclamation Division Department of Natural Resources 423 Centennial Building 1313 Sherman Street Denver, Colorado 80203 RE: FRONT RANGE SAND & GRAVEL FORT LUPTON PIT - FILE NO. M85-088 Dear Mr. Berry, FEB 21987 MINED LAND RECLAMATION DIVISION Mr. Rhea and I have reviewed and discussed your letter of January 20, 1987 re- garding the dust suppression plan on this gravel pit operation. In response to the questions raised and the clarification requested, we submit the following as an addendum to the report and documents. 1. Area "A" was generally defined as the area for the office and scale area. On the attached Exhibit A, we have more specifically defined the areas of use, the location of the new bridge, the traffic patterns and the areas to be paved. The remainder of the Access Road to the South of the office and scale area is to be two lane gravel road, shaped and constructed to support the truck traffic. 2. There are no other work areas in office and scale area and all areas disturbed outside the above areas as shown on Exhibit A will be re -seeded in the initial phase in accordance with the recomendations of the Soil Conservation Service. 3. The road from the office and scale area to Area B, along the Easterly side of Area B and from Area B to Area C and to the "Pond Areas" in Area.C are con- sidered "Access Roads" and will have constructed gravel roads as outlined Item 1. Mr. David Berry, Reclamation Specialist January 28, 1987 PROJECT NO. 85013 RE: FRONT RANGE SAND & GRAVEL FORT LUPTON PIT - FILE NO. M85-088 3. (Continued). All other roads, i.e. those within the working areas of Areas Band C, are considered to be Service Roads and will be gravel roads constructed and re- located as necessary to mine and service the area. These will be phased into the mining operation of the area and be minimized to fit into the pro- jected areas of disturbance. See Exhibit "B". The Access Road along the Easterly side of Area "B" will be constructed to. the West of all the Oil Companies' facilities and will not interfere with any of their operations. 4. All of the gravelled roads, i.e. both the Access Roads and Service Roads, in all thelocations being used will be maintained throughout the daily operations with water trucks to keep the surface in a moist condition. Dust rising from the truck wheels will initiate additional watering. 5. Plantings as required by the Reclamation Plan will commence in the areas being mined as soon as feasible and these of course, are primarily along the boun- daries. 6. As described in the report, all areas outsidethe immediate working and service areas will remain with the original ground cover. The ground cover and growth along the perimeters will slow the wind velocities along the ground. Working areas will also be watered during the daily operations to keep the surface in a moist condition. Disturbed service and working areas not being used but prior to reclamation will be maintained in a rough textured condition. All of the above procedures will be used to minimize the conditions for blowing dust from any of the mining operations. 2 Mr. David Berry, Reclanu.Llon Specialist January 28, 1987 PROJECT NO. 85013 RE: FRONT RANGE SAND & GRAVEL FORT LUPTON PIT -FILE NO. M85-088 We hope this provides you with the necessary information. If you have further questions, please contact us. Respectfully, McRae & Short, Inc. Gerald B. McRae, P.E. & L.S. 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N1/4 Coe. niee. )Z. iksA Wiry Fl. <,.,e tine _ 4-442 a"vamAILItt AREA 'B ,s•1: ('1 ,vid'l4 See /7, 1:/Aly R.67W.t A ..... >4o/ues Orr. 94r. it, 7/Al, R. 4,7 - E,Y istr " Fran{ Ewes Setif �7rezvtf ROAD SY574ti1 /relic Fit516/4 t 1'a 4od\ t\t y tft r• - P,„ 1 ?t C -III' •6 '. fir 4•:,;'t YI' 1r)' ,: Jr.', •i z 4 STATE OF COLORADO Roy Romer, Governor DEPARTMENT OF NATURAL RESOURCES MINED LAND RECLAMATION DIVISION DAVID C. SHELTON, Director February 25, 1987 _Mr. Gerald B. McRae McRae and Short, INc. 1231 - 8th Avenue Greeley, Colorado 80631 Re: Front Range Sand and Gravel - Dust Control Plan - Fort Lupton Pit File No. M-85-088 Dear Mr. McRae: We have received and reviewed the revised dust control plan, dated January 28, 1987. This letter will outline our remaining questions and recommendations. 1. It is our understanding that the portion of the existing access road between Highway 52 and the location where the new access road and the old road meet will not be used during operations. Is this correct? If not, provide a dust control plan for this road area. 2. Gravel and water application, as provided in your letter, is probably sufficient to control dust at the site; however, we still recommend that border -area tree plantings should be considered to further minimize the potential for off -site dust transport. Such plantings would be compatible with final end -use plans and would serve to enhance the aesthetic quality of the site. Please reconsider this option and provide a detailed discussion of your plans. Again, thank you for your cooperation, we look forward to your reply. Sincer . Berry `Reclamation Specialist DAB/pjh cc: Mr. Jerry Rhea 7743F 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203-2273 Tel. (303) 866-3567 Hello