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HomeMy WebLinkAbout990729.tiff DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley, Colorado 80631 Phone (970) 353-6100, Ext. 3540 Fax (970) 352-6312 USE BY SPECIAL REVIEW(MINING OPERATION) APPLICATION FOR THE DEPARTMENT OF PLANNING SERVICES USE ONLY Application Fee /y r J0 Receipt Number 03,2 '95 Case Number 1152 /oR/y Recording Fee Receipt Number Zoning District Application Checked By: j L Planner Assigned to Case To be completed by APPLICANT is accordance with procedural guide requirements: 1. I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed sand & gravel (gravel, coal, borrow pit, etc.) mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION: Part of NE/4, Sec. 29 and NW/4 & N/2,SW/4 Sec. 28; all in Township 3 North, Range 67 West, 6th P.M. , Weld County, Colo. PARCEL NUMBER: J_.20_2Z5_QIL _ 0_1_ (12 digit number- found on Tax I.D. Information or obtained at the Assessor's Office). Also: 120928000002 and 120929000033. 2. Surface owner(s) of area of land described Refer to Use by Special Review Plat. Name:Sand Land, Inc. Address: 12910 WCR 13 Phone: (303) 666-6657 Name:Pasquale & Jacqueline Varra Address: 17910 WCR 13 Phone: (303) 666-6657 3. Owner(s) of mineral rights or substance to be mined Refer to Certification and submittal maps. Name: Burchfield Trust 211 W. Platte Ave. Ft.Morgan 807�Q�16� c� /o Don Jones 970/867-0801 Name: H.s Regnurrec Address: lggq RreadL.ayf:96[7PlOienver 80202 303/796-3600 Name: K N Fnnrgy Address: 35N 7th B.,e BIAJWWNin RnAn1 301/914-7705 4. Source of applicant's legal right to enter and to mine on the land described: Deed - refer to DMG Exhibit N - included with the application. (Include certified copy of any document(s) noted 5. Applicant's address: Sand Land, Inc. Phone: (303) 666-6657 Address: 12910 Weld County Road 13/Longmont, C0 80504 Phone: 6. Identify any prior permits for mining held by applicant or affiliated person: Please refer to page 28, Section 44.1.6 of the Use by Special Review Application. Del Caminn; fatcnlinc; Vnn flhlen• Pit 119• Carr 7. Description of Operation A. Types and number of operating and processing equipment to be used 1-2 Crushers w/ attending screens, conveyors. etc. + asphalt and concrete pant — attending heavy equipment and trucks for hauling & excavating. B. Maximum number of employees: 20± , and number of shifts: 3 maximum C. Number of stages to be worked: 1 , and periods of time each is to be worked Continuous over-the-shoulder extraction w/ concurrent reclamation over 20-30 years. 11 EXHIBIT 990729 • D. Thickness of mineral deposit: 15-40± feet, and thickness of the overburden: 4± feet E. This will be a wet/dry pit operation. Dry pit — extract settling pond wet. 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) Refer to map exhibits C-l: Pre-Mining Map: C-2: Mining Plan Map; Exhibit F - Reclamation Plan Map. Exits at Weld County Road 17 and/or Colorado Highway 66 - bridge over St. Vrain Creek. 8. Description of reclamation A. Proposed reclamation land use(s): Return to general agriculture w/ light residential w/ existing and proposed multiple use for wildlife/recreation/commer.&industrial. B. Source of technical advise for reclamation: Bradford Janes. professional forester/soil Gripnti.t C. Explanation of Reclamation Process: Extraction will result in the creation of four ponds with above water portions of affected land returned to a stabilizing rover of native grasses. 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. 4.1 Signatu owner/Authorized Agent Rev: 1-27-97 12 Sand Land, Inc. 2130 S. 96th Street Broomfield, Colorado 80200 Telephone (303) 666-6657 FAX 666-6743 WELD COUNTY USE BY SPECIAL REVIEW QUESTIONNAIRE. The following questions were reiterated from the Weld County Use By Special Review Questionnaire and placed in boxes. Answers follow each boxed question: 1. Explain, in detail, the proposed use of the property. Resource recovery extraction of sand and gravel,followed by a return to general agriculture with light residential development. Foundation for potential future multiple end-uses, including: wildlife,recreation. commercial and industrial development. 2. Explain how this proposal is consistent with the intent of the Weld County Comprehensive Plan. The proposal is consistent with Weld County's Commercial/Mineral Resource Deposits Goals and Policies. Expansion of human habitat and related infrastructure needs is already being felt near this location. The town.of Mead has permanently altered agricultural lands less than 1.5 miles East of the location,for residential development. The entire state of Colorado has been impacted by human migration to the state, and the resulting growth is shaping State policies to enhance area infrastructure, including the enhancements of U.S. Highway 85 and Interstate 25, for which this location is ideally located to serve. With continued growth of human habitat and development, the product that serves the construction of this infrastructure comes from the ground. The resource must be recovered in advance of other development or it is lost. Now is the time and this is the geologically derived and economically feasible location available for such use. The recovery of this resource is in fact resource conservation, and tends to lessen the subsequent density on the location resulting from inevitable expansion of human habitat and supporting infrastructure. Weld County's policy is consistent with State law, and stipulates that this resource be recovered prior to development,yet in an orderly manner that minimizes impacts to surrounding lands. The development of diverse multiple land use potentials at this location, when complemented with sound environmental quality control, as advanced under this proposal and the attending DMG permit exhibits, supports these policies and goals of Weld County. 3. Explain how this proposal is consistent with the intent of the Weld County Zoning Ordinance and the zone district in which it is located. The proposal does not conflict with the Agricultural 'A' District. Resource recovery simply cannot occur over lands that have been developed with houses and other structures. Where extraction occurs,the former farmed land base will be replaced with water resources; a vital element of continued agricultural practices on surrounding lands. Additionally, diverse multiple use benefits unfold from the reclamation of such lands. By using sophisticated reclamation methodologies,reclaimed ponds can enhance area habitat for wildlife. Since wetland resources are created, potential densities from inevitable human habitat and related infrastructure development are lessened,and pushed away from increasingly vital alluvial wildlife habitats. 4. What type of uses surround the site? Explain how the proposed use is consistent and compatible with surrounding land uses. A large Dairy operation encompasses a near equivalent amount of land as in this proposal, immediately adjacent to, and NorthWest of the location. A small saw mill to create log house facades is established immediately North of the Location, and within 100 feet of two residences. Near the saw mill,is a County Shop. The balance of the area is predominantly irrigated farmland and pasture, with scattered residential properties. Approximately 1.5 miles NorthWest of the location is the Eastern limits of Mead, in the form of a quarter section of developed residential units. The planned resource recovery activity is remote enough from encroaching residential densities to remain comparatively unobtrusive to those uses. The scale of the operation is compatible with area Dairy and Farm uses, yet does not intrude upon the level of background noise beyond that already experienced from Colorado Highway 66,the Dairy operation, the saw mill, and surrounding agricultural equipment and related activities. We believe it is in fact a good thing to recover the resource in advance of continued expansion of human habitat and related infrastructure, and before human densities become more problematic. The resulting reclamation will tend to lower potential densities resulting from development near St. Vrain Creek, while enhancing area amenities to wildlife, scenic values, and water resources. Overall,the operation appears authentically suited to benefit the surrounding community. The proximity of increasing residential development by Mead, the location of nearby Platteville,the stated goals of the State of Colorado to enhance the transportation corridors of Interstate 25 and U.S. Highway 85, and the increasingly vital pathway of Colorado Highway 66, tend to support the belief that residential,commercial and industrial development is expanding toward this stretch of St. Vrain Creek. Further,the recovery of this resource is necessary, not only to serve the increasing demands of this human activity,but as a conservation practice to recover the resource in advance of such development. As such,recovery of the resource now will make the timing of reclamation over the next 20 years quite compatible with surrounding lands, now and in the future. 5. Describe in detail, the following: Sa. How many people will use this site? Approximately 20 employees. Up to three shifts, with 1.5 shifts nominal. Approximately 200±commercial and private haul trucks per day. Four residences owned by Sand Land, Inc. Miscellaneous visitors and government inspectors. Sb. How many employees are proposed to be employed at this site? Approximately 20 employees. Up to three shifts, with 1.5 shifts nominal. Sc. What are the hours of operation? .% Weld County Use by Special Review-Sand Land,Inc.-Kurtz Resource Recovery and Land Development Project-January 1999. The operation requirements need provision for work on equipment and maintenance beyond a standard daylight scenario. The operator requests that total operations be allowed on a 24 hour basis. Government contracts often require night time operations. Flexibility of operations will not impact area residences since background noise from the highway is greater than that of plant/processing/extraction activities. 5d. What type and how many structures will be erected(built)on this site? All structures are temporary [e.g., scale house,plant/processing and related equipment and power trailers,etc.] and will be transported to the property and located in I, II, and III, to support plant/processing activities [refer to DMG Exhibit C-2: Mining Plan Map]. Existing structures identified in the existing farm yard of the former Kurtz property may also be used for shop and repair purposes. Equipment will include,but is not limited to: • one or more cone crushers and attending screens,conveyors, and , and supporting electrical equipment and trailers; asphalt and concrete batch plants; • grader, scrappers, dozers, front-end loaders, haul trucks of various sizes and.weights; • scale house and scale. • concrete and asphalt batch plants. 5e. What type and how many animals, if any, will be on this site? No animal concentration applies to this operation, however, historic uses for cattle and horses are not intended to be surrendered by this temporary use. 5f. What kind(type, size, weight)of vehicles will access this site and how often? Approximately 200 average trips per day will be made by haulers varying from tandem, tandem with pup, and semi. Some small pick-up loads also occur. Weight of loaded vehicles will vary according to make,but generally will fall within 85,000.0± pounds or less. Routes into the property will use Colorado Highway 66 to Weld County Road 17 - South to the location. Routes out of the location will utilize the proposed access road, as identified in DMG Exhibit C-2: Mining Plan Map [refer to Section 24.5.1.8]. I5g. Who will provide fire protection to the site? The operator in cooperation with Mountain View Fire Protection District. 5h. What is the water source on the property? (Both domestic and irrigation). Weld County Use by Special Review-Sand Land,Inc.-Kurtz Resource Recovery and Land Development Project-January 1999. Three shares of Last Chance Ditch, two groundwater irrigation [seep] wells [GASP], and Central Weld County Water District. 5i. What is the sewage disposal system on the property? (existing and proposed). Four residences have existing septic systems. The residential properties are owned and controlled by Sand Land,Inc.,but have been excepted out of the property. Refer to DMG Exhibits C-2: Mining Plan Map and Exhibit D-Mining Plan. 5j. If storage or warehousing is proposed, what type of items will be stored? Existing storage facilities are located in the yard near the center of the location adjacent to Weld County Road 17. Heavy equipment will remain on site or in a shop facility at the existing structures. Other items or parts, support equipment, tools, and supplies may be stored and secured in existing outbuildings at the location. Any supporting fluids, fuels,and lubricants will be stored in appropriate containers and obtain necessary permitting [refer to DMG Exhibit M- Other Permits and Licenses]. Debris or other unwanted material will not accumulate over the location for purposes of sanitation, safety, and general courtesy to our neighbors. All unwanted materials will be removed within 30 days of deposition to an appropriate land fill or other suitable location. Recyclable material will be transported to authorized recycling plants. All waste will be centralized and utilize an appropriate container, pallets, or be of a nature where it is stable in its present configuration. 6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as a landscape plan map as part of the application submittal. Refer to DMG Exhibit E-Reclamation Plan and Exhibit F-Reclamation Plan Map. Although Exhibit F show the same shapes as the areas of extraction,this merely reflects the scale for purposes of establishing initial financial warranty from the DMG. The actual finished landscape will utilize natural undulations and irregularities that will enhance the function, life and aesthetics of the end-use. This is described more thoroughly in DMG Exhibit E- Reclamation Plan, and in related Exhibit D-Mining Plan and Exhibit I- Soils Information. While the post end-use site will emphasize establishment of native grasses, the landowner/operator will embellish the site with trees, shrubs and forbs to facilitate end-use development of the property beyond the stated purposes and authority of the initial reclamation of the property. Initial reclamation goals will be to return the site to a stable and diverse cover of vegetation amenable to the area soils and wildlife, and for the designated end-use of general agriculture. I7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. Following stabilization of the site by establishment of native grasses and ponds for general agriculture, the site would revert to the landowner for defragmented multiple use development for residential,commercial, and industrial development. Wildlife benefits and recreational amenities will directly and indirectly benefit from the reclamation and post mine considerations [refer to DMG Exhibit E- Reclamation Plan]. Weld County Use by Special Review-Sand Land,Inc.-Kurtz Resource Recovery and Land Development Project-January 1999. 8. Explain how the storm water drainage will be handled on the site. The extraction of materials will cause direct precipitation to drain internally toward the resulting basins. Above ground portions of the operation, including the plant site, stockpiles, haul roads, etc., are located on the near table topography of the site, which will not be altered. Existing irrigation ditches form a man-made bather to the transportation of intercepted direct precipitation, and tend to limit the introduction of waters from essentially non-existent overland flows from any upland water shed. The majority of upland water will flow into, and be conveyed through the property, from the existing Last Chance Ditch and Seep Ditch,that bisect the property within Section 29 and 28, respectively. 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. Plant/Processing operations, including the construction of the wash plant and primary settling pond will take place during the first 30 to 60 days of operation, with simultaneous preparation and extraction of resource commencing in Tract D [refer to DMG Exhibit C-2: Mining Plan Map]. Grading is concurrent with extraction and will only serve to aid in the speed under which other reclamation activity can occur. Reclamation is concurrent with continuous resource recovery operations, and is scheduled to commence in approximately the third year of operations, depending upon available space. By this we mean that it would serve no purpose to place soil resources down if an area is still subject to disturbance by heavy equipment,or if season or weather are not appropriate for the stated activities [refer to DMG Exhibit D - Mining Plan, and Exhibit E-Reclamation Plan]. 10. Explain where storage and/or stockpile of wastes will occur on this site. Debris or other unwanted material will not accumulate over the location for purposes of sanitation, safety, and general courtesy to our neighbors. All unwanted materials will be removed within 30 days of deposition to an appropriate land fill or other suitable location. Recyclable material will be transported to authorized recycling plants. All waste will be centralized and utilize an appropriate container, pallets, or be of a nature where it is stable in its present configuration. Buffering and screening activities from adjacent properties is included in the consideration of DMG Exhibit D-Mining Plan. Both the plant/processing site and general areas of extraction will be screened. Plant/Processing locations will maintain adequate set back to butter surrounding locations from noise. The plant/processing locations will be surrounded by product stockpiles, providing a barrier to both site and sound. Extraction areas will diminish in noise as resulting basins are deepened below existing ground level, and resulting soil and overburden stockpiles are placed on the perimeters of the areas of extraction. Height of deposit stockpiles will vary at 25±5 feet. Soil stockpile height will vary at 10-25±5 feet from the original surface, and will be shaped to facilitate seeding to 3h:1v,or flatter. Additional details can be found in the included DMG Exhibit D-Mining Plan. Weld County Use by Special Review-Sand Land,Inc.-Kurtz Resource Recovery and Land Development Project-January 1999. WELD COUNTY ZONING ORDINANCE NUMBER 89-HH 21 OCTOBER 1997 - SECTION 24: USES BY SPECIAL REVIEW. Section 24.5 Design Standards for Use by Special Review. 5.1 An applicant for a use by Special Review shall demonstrate compliance with the following design standards in the application and shall continue to meet these standards if approved for DEVELOPMENT. 5.1.1 Adequate water service in terms of quality, quantity, and dependability is available to the site to serve the USES permitted. The substitute water supply plan, and respective well permit, are under development. The Colorado Division of Water Resources-Office of the State Engineer, has been contacted respective of up to three(3) shares of the Last Chance Ditch and two (2) irrigation wells available for a well permit and substitute water supply plan for augmentation [refer to correspondence of 22 January 1999 from the Division of Water Resources-Office of the State Engineer(OSE)the Colorado Division of Minerals and Geology (DMG)Permit Application, attached,Exhibit G- Water Information]. Information respective of this submittal will be provided to Weld County Planning Services as it develops. 5.1.2 Adequate sewer service is available to the site to serve the uses permitted. All existing residential dwellings have been excepted out of the permit boundary [refer to DMG Exhibit C-2: Mining Plan Map]. All sanitary facilities for the planned field activities will utilize San-o-lets. 5.1.3 If soil conditions on the site are such that they present moderate or severe limitations to the construction of STRUCTURES or facilities proposed for the site, the applicant has demonstrated how much limitations can and will be mitigated. The Nunn Soils (#41), have a potential for swelling soils. Both Nunn (#41) and the other soil units on the property can pose a problem for uncoated steel [refer to DMG Exhibit I- Soils Information, addendums- Soil Survey extracts]. These issues would have to be accounted for any planned residential,commercial, or industrial structures that encounter these soils. The intermediate use following reclamation is a return to General Agriculture,and will therefore conform to the present zoning of the property for District A-General Agriculture. Subsequent to reclamation and release of the property by the Colorado Division of Minerals and Geology [DMG],a change in use may be submitted to Weld County Planning Services to provide for residential, commercial, or industrial development of the site. Remaining soil conditions present at the time of development would need to be taken into account by the project engineer at that time. 5.1.4 Adequate fire protection measures are available on the site for the STRUCTURES and facilities permitted. Weld County Use by Special Review-Sand Land,Inc.-Kurtz Resource Recovery and Land Development Project-January 1999. The scale house, or any attending structures, will be provided with fire alarms and extinguishers. Heavy equipment is provided with fire extinguishers. The nature of the planned extraction activity will tend to reduce the potential for wildfire over the existing property by the removal of live plants and dead litter. Concrete and earthen irrigation ditches also serve as fire breaks for any potential grass fire. 5.1.5 USES shall comply with the following storm water management standards: 5.1.5.1 Storm water retention facilities shall be provided on site which are designed to retain the storm water runoff from the fully developed site from a 100 year storm or as otherwise required by the Weld County Public Works Department. In the case of a LIVESTOCK CONFINEMENT OPERATION(L.C.0.), wastewater collection, conveyance and retention facilities shall be designed and constructed in accordance with the Confined Animal Feeding Operation Control Regulations(5 CCR- 1002-19). The extraction of materials will cause direct precipitation to drain internally toward the resulting basins. Above ground portions of the operation, including the plant site, stockpiles, haul roads, etc., are located on the near table topography of the site,which will not be altered. Existing irrigation ditches form a man-made barrier to the transportation of intercepted direct precipitation,and tend to limit the introduction of waters from essentially non-existent overland flows from any upland water shed. The majority of upland water will flow into, and be conveyed through the property, from the existing Last Chance Ditch and Seep Ditch,that bisect the property within Section 29 and 28,respectively. 5.1.4.2 The drainage facilities shall be designed to release the retained water at a quantity and rate of a five year storm falling on the UNDEVELOPED site. Waters intercepted at the property will be predominantly from direct precipitation,which will drain internally, and be discharged by dewatering pumps at the rates indicated and approved by an approved Discharge Permit from the Colorado Department of Health. All other releases should occur at historic levels. 5.1.6 All parking and vehicle storage shall be provided on the site;parking shall not be permitted within any public right-of-way. An adequate parking area shall be provided to meet the parking needs of employees, company vehicles, visitors, and customers. All parking and vehicle storage will comply with this section. Parking will occur in the designated plant site location. Due to the need to keep locations flexible within the plant site location, a specific area may change over time,but will comply with Weld County Use by Special Review-Sand Land,Inc.-Kurtz Resource Recovery and Land Development Project-January 1999. this section at all times within the designated plant site location [refer to DMG Exhibit C-2: Mining Plan Map and Exhibit D-Mining Plan]. 5.1.7 The USE shall comply with all the SETBACK and OFFSET requirements of the zone district. Acknowledged and provided for. Extraction and processing will be no closer than 10 feet from any structure, easement or right of way, and no closer than 125 feet from the exterior of any residence not owned or controlled by the operator [refer to DMG Exhibit C-1: Pm-Mining Map,Exhibit C-2: Mining Plan Map and Exhibit D -Mining Plan]. 5.1.8 The access shall be located and designed to be safe; ingress and egress shall not present a safety hazard to the traveling public or to the vehicle accessing the property. For USES generating high traffic volumes and large number of large, slow accelerating vehicles, acceleration and deceleration lanes may be required to mitigate a potential traffic hazard. Proposed access to the site will utilize the existing Weld County Road 17, South to the existing drive on the east side of Weld County Road 17. Additional access to the plant/processing location is identified on Exhibit C-2: Mining Plan Map. This location is approximately 1,300 feet further from the bridge over St. Vrain Creek as the existing Weld County Road 17. One way routing would allow haul trucks and traffic to enter the plant/processing location from Weld County Road 17, and depart using the mom visible exit at Colorado Highway 66. Previous conversations with the Colorado Department of Transportation pointed to this as an acceptable alternative, and would not require accel/decel lanes [refer to correspondence with the Colorado Department of Transportation under DMG Exhibit M- Other Permits and Licenses]. Subsequent to the conclusion of all operations,Weld County Road 17 would be re- routed,in cooperation with the Town of Firestone, along the existing railroad bed that intersects the property [refer to DMG Exhibit F-Reclamation Plan Map,and to correspondence with the Colorado Department of Transportation and the Town of Firestone under DMG Exhibit M-Other Permits and Licenses]. The relocation would double the distance to the bridge over St. Vrain Creek,while providing a greater distance from the frontage of existing homes immediately East of Weld County Road 13, within the subject property. 5.1.9 New Accesses to Public Rights-of-Way shall be constructed using the following as minimum standards: Size of drainage structure 12"diameter Length of drainage structure 20' Depth of cover over pipe 12" Width of access 15' Maximum grade of access 15% Flare radius 20' Depth of surfacing 4" Standards exceeding these minimums may be required depending on the type and volume of vehicles generated by the type of USE proposed. Weld County Use by Special Review-Sand Land,Inc.- Kurtz Resource Recovery and Land Development Project-January 1999. The above minimum standards will be applied to new access [alternative access point B, as shown on DMG Exhibit C-2: Mining Plan Map]. 5.1.10 Buffering or SCREENING OF THE PROPOSED use from adjacent properties may be required in order to make the determination that the proposed USE is compatible with the surrounding USES. Buffering or SCREENING may be accomplished through a combination of berming, landscaping, and fencing. Buffering and screening activities from adjacent properties is included in the consideration of DMG Exhibit D -Mining Plan. Both the plant/processing site and general areas of extraction will be screened. Plant/Processing locations will maintain adequate set back to butter surrounding locations from noise. The plant/processing locations will be surrounded by product stockpiles,providing a barrier to both site and sound. Extraction areas will diminish in noise as resulting basins are deepened below existing ground level, and resulting soil and overburden stockpiles are placed on the perimeters of the areas of extraction. Additional details can be found in the included DMG Exhibit D-Mining Plan. 5.1.11 Use's by Special Review in the A-District shall be located on the least prime soils on the property in question unless the applicant can demonstrate why such a location would be impractical or infeasible. Respective of U.S.D.A./C.S.U. Map, Important Farmlands of Weld County, Nunn [#41] and Altvan [#1] soil units finger through the Western half of the location on Section 28. The 'A' horizon [topsoil] of this soil will be salvaged for reclamation [refer to DMG Exhibit D-Mining Plan]. Since extraction results in a basin that will become a pond, salvage of the entire prime soil is not possible, since resource recovery is dictated by the underlying deposit. Since the site has potential for higher end uses, and noting the need for enhancement of area roads, including U.S. Highway 85 and Interstate 25,the loss of some prime soil appears unavoidable for the sake of the greater infrastructure needs of the community. For a more comprehensive treatment of how the project meets the other goals and policies of the Comprehensive Plan and surrounding uses, please refer to Section 24.7. Section 24.6 Qperation Standards for Uses by Special Review. 6.1 An application for a Special Review Permit shall demonstrate conformance with the following operation standards in the Special Review Permit application to the extent that the standards affect location, layout and design of the Use by Special Review prior to construction and operation. Once operational, the operation of the USES permitted shall conform to these standards. 9 Weld County Use by Special Review-Sand Land,Inc.-Kurtz Resource Recovery and Land Development Project-January 1999. 6.1..1 The operation of the USES shall comply with the noise standards enumerated in 25-12-101 C.R.S. 1973 as amended. On 28 August 1998,using a hand held decibel meter, on loan from the Weld County Department of Health,noise levels were measured from plant/processing locations at two approved resource recovery locations located along St. Vrain Creek. Decibel readings were taken at 100 foot increments,commencing at ground zero [an El Jay cone crusher] at the source. Source noise included a combination of equipment radiating at or near the source, including several conveyors, screeners, and heavy equipment [front-end loader and scrapers]. Initial readings varied by± 10.0 decibels. Average readings radiating from the source,beginning at ground zero, are as follows: Ground 0: 80± db + 100 ft.: 70± db* +200 ft: 65± db** + 300 ft: 60± db +400 ft: 55± db Average noise from a passing truck on Weld County Road 13 at 100±feet from the source averaged 70±db. A passenger vehicle averaged 60±db. The majority of area residences abut area roads and highways,therefore, the anticipated sound levels of the processing activity will be less than the background noise for area residences. To better assure tolerances are maintained,processing equipment will not be closer than 400±feet to an adjacent residence not owned or controlled by the operator. Combined with the muting effect of developing product stockpiles which will surround the processing activity, noise reaching area residences should approximate 55± decibels, with a tolerance of± 10.0 decibels. * Note: A 10±db drop was consistently recorded at the first 100 feet from ground zero. ** Note: With each 100 foot of distance from the source, decibel readings dropped 5±decibels,beginning at a distance of 200 feet from the source.r6.1.2 The operation of the USES shall comply with the air quality regulations promulgated by the Colorado Air Quality Control Commission. An appropriate Air Pollution Emission Notice [APEN] for processing and fugitive dust will be secured from the Stationary Sources Program of the Colorado Department of Public Health and Environment prior to start up of plant/processing and extraction activities. ?O Weld County Use by Special Review-Sand Land,Inc.-Kurtz Resource Recovery and Land Development Project-January 1999. 6.1.3 The operation of the USES shall comply with the water quality regulations promulgated by the Colorado Water Quality Control Commission. A Storm Water Management Plan is in place for this operation [refer to DMG Exhibit G-Water Resources, Universal Storm Water Management Plan], and appropriate discharge permits will be secured from the Colorado Department of Public Health and Environment,Water Quality Control Division,prior to discharge of water from plant/processing or extraction activities.r6.1.4 The USES shall comply with the following lighting standards: 6.1.4.1 Sources of light, including light from high temperature processes such as combustion or welding, shall be shielded so that light rays will not shine directly onto ADJACENT properties where such[light] would cause a nuisance or interfere with the USE on the ADJACENT properties, and Appropriate measures will be taken to comply with this section. Should a procedure such as welding be required on open ground,the service vehicle will attempt to shield light emanating from such activity. Lighting needed to operate safely will be diffuse or otherwise directed away from area residences. 6.1.4.2 Neither direct or reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS, no colored lights may be used which may be confused with or construed as traffic control devices. Plant/processing equipment will be located a minimum of 100±feet from the County Road and adjacent Colorado Highway 66. All access into the property will intersect adjacent roads perpendicularly. No colored lights will be used in a manner or proximity so as to be construed as traffic control devices. 16.1.5 The USES shall not emit heat so as to raise the temperature of the air more than five(5)degrees Fahrenheit at or beyond the LOT line. No such uses are anticipated under this proposal. Weld County Use by Special Review-Sand Land,Inc.-Kurtz Resource Recovery and Land Development Project-January 1999. 6.1.6 Property shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve(12) inches. In no event shall the property owner allow the growth of NOXIOUS WEEDS. The operator has in place a weed control program, and is working cooperatively with Weld County Public Works to enhance its weed control efforts over time. Appropriate mechanical and chemical control of weeds is provided for under DMG Exhibit I- Soils Information. Section 24.7 Application Requirements for a Use by Special Review. 7.1 The purpose of the application is to give the petitioner an opportunity to demonstrate through written and graphic information how the proposal complies with the standards of this Ordinance. The following supporting documents shall be submitted as a part of the application except for those items determined by the Director of the Department of Planning Services, in writing, or the Board of County Commissioners, on the record, to be unnecessary to a decision on the application: r- 7.1.1 A statement which explains that the proposal is consistent with the Weld County Comprehensive Plan. The proposal is consistent with Weld County's Commercial/Mineral Resource Deposits Goals and Policies. Expansion of human habitat and related infrastructure needs is already being felt near this location. The town of Mead has permanently altered agricultural lands less than 1.5 miles Fast of the location,for residential development. The entire state of Colorado has been impacted by human migration to the state, and the resulting growth is shaping State policies to enhance area infrastructure,including the enhancements of U.S. Highway 85 and Interstate 25,for which this location is ideally located to serve. The recovery of this resource is in fact resource conservation, and tends to lessen the subsequent density on the location resulting from inevitable expansion of human habitat and supporting infrastructure. Weld County's policy is consistent with State law,and stipulates that this resource be recovered prior to development,yet in an orderly manner that minimizes impacts to surrounding lands. The development of diverse multiple land use potentials at this location, when complemented with sound environmental quality control, as advanced under this proposal and the attending DMG permit exhibits, supports these policies and goals of Weld County. 17.1.2 A statement which explains that the proposal is consistent with the intent of the district in which the USE is located. Weld County Use by Special Review-Sand Land,Inc.-Kurtz Resource Recovery and Land Development Project-January 1999. The proposal does not conflict with the Agricultural 'A' District. Resource recovery simply cannot occur over lands that have been developed with houses and other structures. Where extraction occurs, the former farmed land base will be replaced with water resources; a vital element of continued agricultural practices on surrounding lands. Additionally,diverse multiple use benefits unfold from the reclamation of such lands. By using sophisticated reclamation methodologies,reclaimed ponds can enhance area habitat for wildlife. Since wetland resources are created, potential densities from inevitable human habitat and related infrastructure development are lessened, and pushed away from increasingly vital alluvial wildlife habitats. 7.1.3 A statement which explains that the USES which would be permitted will be compatible with the existing surrounding land USES. A large Dairy operation encompasses a near equivalent amount of land as in this proposal, immediately adjacent to, and NorthWest of the location. A small saw mill to create log house facades is established immediately North of the Location, and within 100 feet of two residences. Near the saw mill, is a County Shop. The balance of the area is predominantly irrigated farmland and pasture, with scattered residential properties. Approximately 1.5 miles NorthWest of the location is the Eastern limits of Mead, in the form of a quarter section of developed residential units. The planned resource recovery activity is remote enough from encroaching residential densities to remain comparatively unobtrusive to those uses. The scale of the operation is compatible with area Dairy and Farm uses,yet does not intrude upon the level of background noise beyond that already experienced from Colorado Highway 66, the Dairy operation, the saw mill, and surrounding agricultural equipment and related activities. We believe it is in fact a good thing to recover the resource in advance of continued expansion of human habitat and related infrastructure, and before human densities become more problematic. The resulting reclamation will tend to lower potential densities resulting from development near St. Vrain Creek,while enhancing area amenities to wildlife, scenic values, and water resources. Overall,the operation appears authentically suited to benefit the surrounding community. 7.1.4 A statement which explains that the USES which would be permitted will be compatible with the future DEVELOPMENT of the surrounding area as permitted by the existing zone and with future DEVELOPMENT as projected by the COMPREHENSIVE PLAN of the COUNTY or the adopted MASTER PLANS of affected municipalities. Weld County Use by Special Review-Sand Land,Inc.-Kurtz Resource Recovery and Land Development Project-January 1999. Again,the proximity of increasing residential development by Mead, the location of nearby Platteville, the stated goals of the State of Colorado to enhance the transportation corridors of Interstate 25 and U.S. Highway 85, and the increasingly vital pathway of Colorado Highway 66,tend to support the belief that residential,commercial and industrial development is expanding toward this stretch of St. Vrain Creek. Further, the recovery of this resource is necessary, not only to serve the increasing demands of this human activity,but as a conservation practice to recover the resource in advance of such development. As such,recovery of the resource now will make the timing of reclamation over the next 20 years quite compatible with surrounding lands, now and in the future. 7.1.5 A statement which explains that the application complies with the Weld County Zoning Ordinance, Section 50, Overlay District Regulations if the proposal is located within any Overlay District Area identified by maps officially adopted by Weld County. This location does not appear to be within an Overlay District. Section 50 should not apply in this instance. 7.1.6 A statement which explains that if the USE is proposed to be located in the A-District, that the applicant has demonstrated a diligent effort has been made to conserve prime agricultural land in the locational decision for the proposed USE. Portions of the location have prime agriculture soils,as identified on the U.S.D.A./C.S.U. Important Farmlands of Weld County map. These soils are identified by the Soil Survey of Weld County- Southern Part, as#1 - Altvan and#41 Nunn, soils [refer to DMG Exhibit I- Soils Information. Resource recovery will form a basin, resulting in a series of ponds. While the loss of some prime soil is inevitable,portions of the site are developed in a manner to conserve this soil to the extent possible. For example: Tracts A and C will have the entire A horizon soil profile [topsoil] salvaged and replaced, since no ponds will form there. Where the prime soils result in ponds,the margins remaining above water will be replaced with the same prime soils salvaged in advance of extraction activities [refer to DMG Exhibit D - Mining Plan;Exhibit E -Reclamation Plan,and Exhibit I-Soils Information]. 7.1.7 A statement which explains that there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY. We support our statement that the health,safety and welfare of the inhabitants of the Neighborhood and the County are accounted for under this proposal. First, it should be remembered,that every 1 Weld County Use by Special Review-Sand Land,Inc. Kurtz Resource Recovery and Land Development Project-January 1999. environmental safeguard is thoroughly permitted by diverse authorities [refer to DMG Exhibit M -Other Permits & Licenses]. All access to Colorado Highway 66 must be cleared through the Colorado Department of Transportation and Weld County Public Works. Safety on the mine site itself, is regulated in detail by the U.S. Dept. of the Interior-Mine Safety and Health Administration [MSHA] and the State of Colorado. In addition to diverse laws and regulations, which we must conform to for the life of the operation,the proposal establishes appropriate buffers and set backs from residential and surrounding properties. The property itself will be posted, 'No Trespassing.' Concurrent reclamation will aid in recovery and reclamation of the post recovery operations, and speed end-use development of the property. Along with the strategic use of stockpiled soil and overburden resources,this will aid in minimizing impacts to the surrounding visual values of the area. The end product will enhance these values in general. 7.2 The following general information shall be submitted: 7.2.1 Name, address, and telephone number of the applicants. GENERAL OFFICE LOCAL[FIELD] OFFICE Sand Land, Inc. Sand Land, Inc. 2130 South 96th Street 12910 Weld County Rd. 13 Broomfield, Colorado 80020 Longmont, Colorado 80504 Telephone(303) 666-6657 Telephone(303) 666-6657 7.2.2 Name and address of the fee owners of the property proposed for the Use by Special Review if different from above. Pasquale&Jacqueline Varra 12910 Weld County Road 13 Longmont, Colorado 80504 Telephone (303) 666-6657 Sand Land, Inc. 12910 Weld County Road 13 Longmont, Colorado 80504 Telephone (303) 666-6657 7.2.3 Legal description of the property under consideration. Please refer to DMG Exhibit A-Legal Description. All lands located within NE/4, Sec. 29; and NW/4 and N/2,SW/4, Sec. 28; all in Township 3 North, Range 67 West, 6th P.M.,Weld County, Colorado. Weld County Use by Special Review-Sand Land,Inc.-Kurtz Resource Recovery and Land Development Project-January 1999. 7.2.4 Total acreage of the parcel under consideration. Please refer to DMG Exhibit C-2: Mining Plan Map. Includes Total area platted by property survey [DMG Exhibit A-Legal Description] plus adjustments by exceptions to Exhibit A,equals 295.38 acres. 7.2.5 Existing land USE of the parcel under consideration. Agriculture -Crops and Pasture. Refer to DMG Exhibit ID - Soils and Vegetation Map. Zoned A-General Agriculture. 7.2.6 Existing land USES of all properties ADJACENT to said parcel. Refer to DMG Exhibit C-1: Pre-Mining Map or Special Review Plat. Predominantly general agriculture,including: 1. Crops 2. Pasture 3. Cattle Holding facilities 4. Saw Mill 5. Weld County Shop 6. Light Residential 7. Farmer's Market 8. Recreation-Town of Firestone Trail 9. Oil and Gas Recovery. 7.2.7 Present zone and overlay zones, if appropriate. Zoned A-General Agriculture. 7.2.8 Signatures of the applicant and fee owners or their authorized legal agent. Please refer to Weld County Use by Special Review Application Form. 7.2.9 A certified 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. The source of such list shall be 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. If the list was assembled from the records of the Weld County Assessor, the applicant shall certify that such list was assembled within thirty (30)days of the application submission date. i6 Weld County Use by Special Review-Sand Land,Inc.-Kurtz Resource Recovery and Land Development Project-January 1999. Please refer to signed certificate at the front of this submittal. Assessor's Office verification was completed 19 January 1999. All property owners within five hundred(500) feet of the property have been identified, including their locations, names and addresses, on DMG Exhibit C-1: Pre-Mining Map or the Special Review Plat. 7.2.10 A certified list of the names and addresses of mineral owners and lessees of mineral owners on or under the parcel of land being considered. The source of such list shall be assembled from the records of the Weld County Clerk and Recorder, or from an ownership update from a title or abstract company or an attorney, derived from such records. Please refer to signed certificate at the front of this submittal. 7.2.11 Post a sign for the applicant on the property under consideration for a Use by Special Review permit. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, one sign shall be posted in the most prominent place on the property and a second sign posted at the point at which the driveway(access drive) intersects a publicly maintained road right-of-way. The sign shall be posted at least ten(10)days prior to the hearing. It is the understanding of the applicant that this Section will be performed by the Weld County Department of Planning Services. 7.3 A detailed description of the proposed operation and USE shall be supplied. Details for the following items, when applicable, are required: 7.3.1 Type of USE for which the application is being made. Resource recovery extraction of sand and gravel, followed by a return to general agriculture with light residential development. Foundation for potential future multiple end-uses, including: wildlife,recreation,commercial and industrial development. 7.3.2 Proximity of the proposed USE to residential STRUCTURES. Please refer to DMG Exhibit C-1: Pre-Mining Map. Location of structures visible in the aerial photograph are ground truth and can be measured using the scale shown on the map. MI residential structures are identified as such. 7.3.3 The number of shifts to be worked and the maximum number of employees. I; Weld County Use by Special Review-Sand Land,Inc.-Kurtz Resource Recovery and Land Development Project-January 1999. Approximately 20 employees. Up to three shifts, with 1.5 shifts nominal. 7.3.4 The maximum number of users, patrons, members, buyers, or other visitors that the Use by Special Review facility is designed to accommodate at any one time. It's a big site,but the existing tenants at four houses; 20 employees, and approximately 200 commercial and private haulers per day. An occasional visitor or inspector. 7.3.5 Types and maximum numbers of animals to be concentrated on the site at any one time. No animal concentration applies to this operation, however,historic uses for cattle and horses are not intended to be surrendered by this temporary use. 7.3.6 Types and numbers of operating and processing equipment to be utilized. Equipment will include,but is not limited to: • one or more cone crushers and attending screens, conveyors, and , and supporting electrical equipment and trailers; asphalt and concrete batch plants; • grader, scrappers, dozers, front-end loaders, haul trucks of various sizes and weights; • scale house and scale. • concrete and asphalt batch plants. 7.3.7 Type, number, and USES of the proposed STRUCTURES to be erected. All structures are temporary [e.g., scale house, plant/processing and related equipment and power trailers, etc.] and will be transported to the property and located in I, II, and III, to support plant/processing activities [refer to DMG Exhibit C-2: Mining Plan Map]. Existing structures identified in the existing farm yard of the former Kurtz property may also be used for shop and repair purposes. 7.3.8 Type, size, weight, and frequency of vehicular traffic and access routes that will be utilized. Approximately 200 average trips per day will be made by haulers varying from tandem, tandem with pup, and semi. Some small pick-up loads also occur. Weight of loaded vehicles will vary according to make,but generally will fall within 85,000.0±pounds or less. '8 Weld County Use by Special Review-Sand Land,Inc.-Kurtz Resource Recovery and Land Development Project-January 1999. Routes into the property will use Colorado Highway 66 to Weld County Road 17 - South to the location. Routes out of the location will utilize the proposed access road, as identified in DMG Exhibit C-2: Mining Plan Map [refer to Section 24.5.1.8]. 7.3.9 Domestic sewage facilities. Please refer to Section 24.5.1.2. 7.3.10 Size of stockpile, storage, or waste areas to be utilized. Please refer to DMG Exhibit C-2: Mining Plan Map,and Exhibit D - Mining Plan. Height of deposit stockpiles will vary at 25±5 feet. Soil stockpile height will also vary at 25±5 feet from the original surface, and will be shaped to facilitate seeding to 3h:lv, or flatter. 7.3.11 Method and time schedule of removal or disposal of debris, junk, and other wastes associated with the proposed USE. Debris or other unwanted material will not accumulate over the location for purposes of sanitation, safety, and general courtesy to our neighbors. All unwanted materials will be removed within 30 days of deposition to an appropriate land fill or other suitable location. Recyclable material will be transported to authorized recycling plants. All waste will be centralized and utilize an appropriate container, pallets,or be of a nature where it is stable in its present configuration. 7.112 A time table showing the periods of time required for the construction of the operation. Plant/Processing operations, including the construction of the wash plant and primary settling pond will take place during the first 30 to 60 days of operation, with simultaneous preparation and extraction of resource commencing in Tract D [refer to DMG Exhibit C-2: Mining Plan Map]. 7.3.13 Proposed LANDSCAPING plans. Refer to DMG Exhibit E-Reclamation Plan and Exhibit F- Reclamation Plan Map. Although Exhibit F show the same shapes as the areas of extraction,this merely reflects the scale for purposes of establishing initial financial warranty from the DMG. The actual finished landscape will utilize natural undulations and irregularities that will enhance the function,life and aesthetics of the end-use. This is described more thoroughly in DMG Exhibit E-Reclamation Plan, and in related Exhibit D-Mining Plan and Exhibit I- Soils Information. While the post end-use site will emphasize establishment of native grasses, the landowner/operator will embellish the site with trees, shrubs and forbs to facilitate end-use development of the property icy Weld County Use by Special Review-Sand Land,Inc.-Kurtz Resource Recovery and Land Development Project-January 1999. beyond the stated purposes and authority of the initial reclamation of the property. Initial reclamation goals will be to return the site to a stable and diverse cover of vegetation amenable to the area soils and wildlife, and for the designated end-use of general agriculture.r7.3.14 Reclamation procedures to be employed as stages of the operation are phased out or upon cessation of the Use by Special Review activity. Reclamation is concurrent with continuous resource recovery operations, and is scheduled to commence in approximately the third year of operations,depending upon available space. By this we mean that it would serve no purpose to place soil resources down if an area is still subject to disturbance by heavy equipment,or if season or weather are not appropriate for the stated activities. Grading is concurrent with extraction and will only server to aid in the speed under which other reclamation activity can occur [refer to DMG Exhibit I- Soils Information,Exhibit D-Mining Plan, and Exhibit E- Reclamation Plan]. 7.3.15 A statement delineating the need for the proposed USE. As indicated by Colorado Governor Elect Bill Owens,the State of Colorado intends to enhance the infrastructure and highway systems of Colorado, and more specifically, U.S. Highway 85 and Interstate Highway 25. With continued growth of human habitat and development,the product that serves the construction of this infrastructure comes from the ground. The resource must be recovered in advance of other development or it is lost. Now is the time and this is the geologically derived and economically feasible location available for such use. 7.3.16 A description of the proposed fire protection measures. Please refer to Section 24.5.1.4. 7.3.17 Such additional information as may be required by the Department of Planning Services, the Planning Commission or the Board of County Commissioners in order to determine that the application meets the requirements of this Ordinance and the policies of the Weld County Comprehensive Plan. Acknowledged. 7.4 ,Special Review Permit Plan Map. 17.4.1 The map shall be delineated on reproducible material approved by the Department of Planning Services. Acknowledged and provided for under this submittal. Weld County Use by Special Review-Sand Land,Inc.-Kurtz Resource Recovery and Land Development Project-January 1999. I7.4.2 The dimensions of the map shall be thirty-six(36) inches wide by twenty-four(24) inches high. Acknowledged and provided for under this submittal. 7.4.3 The Special Review Permit Plan Map shall include certificates for the property owner's signature, the Planning Commission, the Board of County Commissioners, and the Weld County Clerk and Recorder. The required content of the certificates is available from the Department of Planning Services. Acknowledged and provided for under this submittal under the Weld County Use By Special Review Plat. 7.4.4 Vicinity Map. A vicinity map shall be drawn on the Use by Special Review Permit Plan Map. Acknowledged and provided for under this submittal under DMG Exhibit B - Index Map. 7.4.4.1 The scale of the vicinity map shall be 1" =600'or at another suitable scale if approved by the Department of Planning Services. Acknowledged and provided for under this submittal. In dialogue with Julie Chester and Scott Ballstadt,Weld County Department of Planning Services,it was determined that due to the amount of information presented on each aerial photo-based map exhibit,Exhibit C-1: Pre-Mining Map, would form the core of the Use By Special Review Plat at 1"=400', scale. The Use By Special Review Plat would contain the necessary certificates indicated in 7.4.3. DMG Exhibit C-2: Mining Plan Map shows the areas of extraction and required soils information at 1"=200' scale, and will also be formatted to the required 8-1/2 x 11 version required by Planning Services. Additionally, it was determined that the U.S.G.S. Quadrangle 10 foot contour intervals would be adequate for purposes of this submittal. 7.4.4.2 The vicinity map shall delineate all of the required information within a 1/2 mile radius of the property proposed for the Use by Special Review. Acknowledged and provided for under this submittal. Refer to aerial image and identifying labels on the Weld County Use by Special Review Plat and related DMG Exhibit C-1: Pre-Mining Map. )1 Weld County Use by Special Review-Sand Land,Inc.-Kurtz Resource Recovery and Land Development Project-January 1999. 7.4.4.3 The following information shall be shown on the vicinity map: 7.4.4.3.1 Section, township, and range. Acknowledged and provided for. 7.4.4.3.2 Scale and north arrow. Acknowledged and provided for. 7.4.4.3.3 Outline of the perimeter of the parcel proposed for the Use by Special Review. Acknowledged and provided for. 7.4.4.3.4 The general classifications and distribution of soils over the parcel under consideration. Soil classification names and agricultural capability classifications must be noted in the legend. Acknowledged and provided for [refer to DMG Exhibit C-2: Mining Plan Map and Exhibit 1/.1- Soils and Vegetation Map. 7.4.4.3.5 Locations and names of all roads, irrigation ditches, and water features. Acknowledged and provided for under the Weld County Use by Special Review Plat and DMG Exhibit C-1: Pre-Mining Map. 7.4.4.3.6 Location of all residences within a 1/L mile radius, existing and proposed accesses to the property proposed for the Use by Special Review, and abutting subdivision outlines and names, and the boundaries of any ADJACENT municipality. Acknowledged and provided for under the Weld County Use by Special Review Plat and DMG Exhibit C-1: Pre-Mining Map. Weld County Use by Special Review-Sand Land,Inc.-Kurtz Resource Recovery and Land Development Project-January 1999. 7.4.4.3.7 Any other relevant information within a 1/2 mile distance of the perimeter property proposed for the Use by Special Review as may be reasonably required by the COUNTY to meet the intent and purpose for this Resolution. Acknowledged. 7.4.4.5 Plot Plan. A plot plan of the Use by Special Review area shall be drawn on the Special Review Permit Plan Map. 7.4.4.5.1 The scale of the plot plan shall be 1" = 100'or at another suitable scale if approved by the Department of Planning Services. Refer to 7.4.4.1, above. 7.4.4.5.2 The plot plan shall outline the boundaries[of]the parcel being considered for the Use by Special Review. Acknowledged and provided for. 7.4.4.5.3 The plot plan shall include the location and identification of all of the following items which presently [exist]within a 200' radius of the boundaries of the Use by Special Review area as well as within the area itself; it shall also include the proposed features and STRUCTURES of the Use by Special Review. 7.4.4.5.3.1 All PUBLIC rights-of- way of record(including names). Acknowledged and provided for under the Weld County Use by Special Review Plat and DMG Exhibit C-1: Pre-Mining Map. 7.4.4.5.3.2 All existing and proposed STRUCTURES. Weld County Use by Special Review-Sand Land,Inc.- Kurtz Resource Recovery and Land Development Project-January 1999. Acknowledged and provided for under the Weld County Use by Special Review Plat and DMG Exhibit C-1: Pre-Mining Map. 7.4.4.5.3.3 All utility or rights-of- way for telephone, gas, electric, water, and sewer lines. Acknowledged and provided for under the Weld County Use by Special Review Plat and DMG Exhibit C-1: Pre-Mining Map. 7.4.4.5.3.4 Irrigation ditches. Acknowledged and provided for under the Weld County Use by Special Review Plat and DMG Exhibit C-1: Pre-Mining Map, and DMG Exhibit G-Water Resources Map. 7.4.4.5.3.5 ADJACENT property lines and respective owners' names(may be shown on vicinity map instead). Acknowledged and provided for under the Weld County Use by Special Review Plat and DMG Exhibit C-1: Pre-Mining Map. 7.4.4.5.3.6 All hydrographic features including streams, rivers,ponds, and reservoirs (including names). Acknowledged and provided for under the Weld County Use by Special Review Plat and DMG Exhibit C-1: Pre-Mining Map,and DMG Exhibit G -Water Resources Map. 7.4.4.5.3.7 Topography at two (2) foot contour intervals or at intervals as determined necessary by the Department of Planning Services. Weld County Use by Special Review-Sand Land,Inc.-Kurtz Resource Recovery and Land Development Project-January 1999. Refer to Section 7.4.4.1, above. 7.4.4.5.3.8 Location of areas of moderate or severe soil limitations as defined by the Soil Conservation Service or by a soil survey and study prepared by a soils engineer or scientist for the USES and associated STRUCTURES proposed for the parcel. Refer to DMG Exhibit I- Soils Information and Exhibit I/J- Soils and Vegetation Map. 7.4.4.5.3.9 Location and design o storm water management devices or STRUCTURES. Refer to DMG Exhibit C-2: Mining Plan Map. 7.4.4.5.3.10 Complete traffic circulation and parking plan showing locations and sizes. Refer to DMG Exhibit C-2: Mining Plan Map. 7.4.4.5.3.11 Location, amount, size and type of any proposed LANDSCAPING, fencing, walls, beans, or other SCREENING. Please refer to DMG Exhibit E- Reclamation Plan and Exhibit F- Reclamation Plan Map. 7.4.4.5.3.12 Location of any flood hazard, GEOLOGIC HAZARD, or mineral resource areas. Acknowledged and provided for under the Weld County Use by Special Review Plat and DMG Exhibit C-1: Pre-Mining Map. Map shows the location of the 100 year flood event limits. Weld County Use by Special Review-Sand Land,Inc.-Kurtz Resource Recovery and Land Development Project-January 1999. 7.4.4.5.3.13 Such additional information as may be reasonably required by the Department of Planning Services, the Planning Commission, or the Board of County Commissioners in order to determine that the application meets the requirements of this Ordinance and the policies of the Weld County Comprehensive Plan. Acknowledged. 7.5 Supporting Documents. The following supporting documents shall be submitted as part of the application: 7.5.1 Where an authorized legal agent signs the application for the fee owners, a letter granting power of attorney to the agent from the owners must be provided. Not applicable. The fee owners have signed the application. 7.5.2 Proof that a water supply will be available which is adequate in terms of quantity, quality, and dependability(e.g., a well permit or letter from a water district) Please refer to Section 24.5.1.1. 7.5.3 Copy of the deed or legal instrument by which the applicant obtained an interest in the property under consideration. Please refer to Section 44.1.4, below. 7.5.4 A noise report, unless waived by the Department of Planning Services, documenting the methods to be utilized to meet the applicable noise standard. Please refer to Section 24.6.1.1. 7.5.5 A soil report of the site prepared by the Soil Conservation Service or by a soils engineer or scientist. In those instances when the soil report indicates the existence of moderate or severe soil limitations for the USES proposed, the applicant shall detail the methods to be employed to mitigate the limitations. Please refer to Sections 44.1.7.9 and DMG Exhibit I- Soils Information. Additional information is identified on DMG Exhibit Weld County Use by Special Review-Sand Land,Inc.- Kurtz Resource Recovery and Land Development Project-January 1999. C-2: Mining Plan Map and DMG Exhibit ID -Soils and Vegetation Information. WELD COUNTY ZONING ORDINANCE NUMBER 89-HH 21 OCTOBER 1997 - SECTION 44: OPEN MINING. Before a Special Review Permit for the location of an open mining operation, asphalt plant or batch plant(concrete) is issued, the Planning Commission and Board of County Commissioners shall determine through public hearings, that the following plans, maps, methods and studies, which shall accompany the application for such permits,provide adequate protection of the health, safety and welfare of the inhabitants of the area and the COUNTY. Section 44.1 Application. Any operator desiring such a permit shall file an application in such a form as prescribed by the Weld County Planning Commission. The application shall contain the following information. 1.1 A complete and accurate legal description of the property for which the application is made. Please refer to the Colorado Division of Minerals and Geology [DMG] Exhibit A- Legal Description-Land Survey Plat. 1.2 The fee owners of the surface of the area to be mined. Pasquale&Jacqueline Varra 12910 Weld County Road 13 Longmont, Colorado 80504 Sand Land, Inc. 12910 Weld County Road 13 Longmont, Colorado 80504 1.3 The fee owners of the substance to be mined. Pasquale&Jacqueline Varra 12910 Weld County Road 13 Longmont, Colorado 80504 Sand Land, Inc. 12910 Weld County Road 13 Longmont, Colorado 80504 1.4 The source of the applicant's legal rights to enter and to open mine on the land affected by the permit. See copy of Deed- DMG Exhibit N - Source of Legal Right to Enter. 1.5 The address of the general OFFICE and the local address or addresses of the applicant. GENERAL,OFFICE LOCAL[FIELD] OFFICE Sand Land, Inc. Sand Land, Inc. Weld County Use by Special Review-Sand Land,Inc.- Kurtz Resource Recovery and Land Development Project-January 1999. 2130 South 96th Street 12910 Weld County Rd. 13 Broomfield, Colorado 80020 Longmont, Colorado 80504 Telephone(303) 666-6657 Telephone (303) 666-6657 1.6 Whether the applicant or any affiliated person holds or has held any other permits for open cut mining and an identification of such permits. Note: The following all held by Varra Companies, Inc.: Del Camino Pit DMG Permit#M74-052 Weld County USR# Dakolios Pit DMG Permit#M84-036 Weld County USR# Von Ohlen Pit DMG Permit#M89-128 Weld County USR# Pit 112 DMG Permit#M84-079 Weld County USR# Carr Pit DMG Permit#M80-002 Weld County USR# 1.7 A detailed description of the method of operation. Such description shall include: 1.7.1 The types and numbers of operation and processing equipment to be employed. Please refer to DMG Exhibit D-Mining Plan. 1.7.2 The number of shifts to be worked and the maximum number of employees. One shift -nominal,up to three shifts, as needed. Approximately 20±employees, maximum per shift. 1.7.3 Whether the operation will involve a wet or dry pit. Dry Pit 1.7.4 COUNTY roads and bridges to be utilized. Weld County Road 17 and Colorado Highway 66. 1.7.5 The size of the area and stages to be worked at any one time. Please refer to DMG Exhibit C-2: Mining Plan Map. 1.7.6 A time table giving the periods of time which will be required for the various stages of the operation. This is an over the shoulder extraction with contemporaneous reclamation commencing in approximately the third year of operations. Total life of the mine will be 20±to 30±years. 1.7.7 The depth and thickness of the mineral deposit to be mined and the thickness of overburden to be removed. Please refer to DMG Exhibit D -Mining Plan. 1.7.8 The proposed use of reclaimed lands and an explanation of the reclamation process. Weld County Use by Special Review-Sand Land,Inc.-Kurtz Resource Recovery and Land Development Project-January 1999. Please refer to DMG Exhibit E-Reclamation Plan. 1.7.9 The source of technical advice in that type of reclamation for open cut mining land. Bradford Janes, Professional Forester& Soil Scientist, with 19+years of reclamation experience. Additional technical assistance and support provided by: Michael Savage, Savage and Savage, Inc., for wetland determinations and matters concerning verification of preble's jumping mouse and lady's tresses orchid, in cooperation with Terry McKee, U.S. Dept. of Army Corps of Engineers. Donald Graffis, Soil Conservationist, U.S. Natural Resources and Conservation Service and the Weld County Soil Survey - Southern Part. Mike Sherman, Colorado Division of Wildlife. 1.7.10 Any other information determined to be necessary by the Board of County Commissioners, or their authorized representative, to insure the protection of the health, safety and welfare of the inhabitants of Weld County. Please refer to DMG Exhibit M-Other Permits and Licenses. Section 44.2 Drawing Requirements. All applications shall be accompanied by the following maps which shall be delineated in drawing ink or mylar or other drafting media approved by the Department of Planning Services in the following size: twenty-four(24)by thirty-six(36) inches. The maps shall be prepared and certification made as to their accuracy by a registered professional engineer licensed to do such work by the State of Colorado. 2.1 Vicinity Map. The vicinity map shall be prepared at a 1"=600'scale and show the following information within a one-half(1/2)mile distance of the proposed operation. 2.1.1 Perimeter outline of the parcels of land to be involved in the operation. Please refer to DMG Exhibit C-1: Pre-Mining Map. 2.1.2 ADJACENT mining operations. None. 2.1.3 Fee owners of ADJACENT surface lands. Please refer to DMG Exhibit C-1: Pre-Mining Map. 12.1.4 All residences within one-half(1/2)mile of the proposed operation. Please refer to DMG Exhibit C-1: Pre-Mining Map. 29 Weld County Use by Special Review-Sand Land,Inc.-Kurtz Resource Recovery and Land Development Project-January 1999. 2.1.5 The name and location of all roads, bridges, irrigation ditches, oil and gas wells and lines, utility lines and streams or other bodies of water within the scope of the map. Please refer to DMG Exhibit C-l: Pre-Mining Map. 2.1.6 The general type, thickness and distribution of soil over the parcel under consideration. Soil types shall be noted in the legend and include their suitability for agricultural USE, as well as USES proposed in the reclamation plan. Please refer to DMG Exhibit UJ -Soils&Vegetation Map. 2.1.7 Section, Township and Range. Please refer to DMG Exhibit A-Legal Description. 12.1.8 Accesses to area. Please refer to DMG Exhibit C-2: Mining Plan Map. 2.1.9 Title, scale, and north arrow. Shown on all DMG map exhibits included with this submittal. 2.1.10 Date with revision dates if applicable. Shown on all DMG map exhibits included with this submittal. 2.2 Extraction Plan Map. The Extraction Plan Map shall be prepared at a 1" = 100'scale and shall include the parcel in question, as well as features within 500 feet of the parcel boundaries. The scale of the map may be reduced to 1" = 200'or 1" = 300'upon approval by the Department of Planning Services. The Extraction Plan Map shall display the following information: 2.2.1 A plot plan of the property for which application is made. The plot plan shall delineate the boundary lines of the Special Review Permit area. Please refer to DMG Exhibit C-1: Pre-Mining Map in conjunction with Exhibit C-2: Mining Plan Map. 2.2.2 The topography of the area at five(5)foot contour intervals or at intervals as determined by the Board of County Commissioners or its authorized representative. Please refer to DMG Exhibit C-1: Pre-Mining Map. 2.2.3 The name and location of all streams, including normally dry streams,ponds or other bodies of spring water, existing and proposed STRUCTURES and LANDSCAPE features. Please refer to DMG Exhibit C-1: Pre-Mining Map. 0 Weld County Use by Special Review-Sand Land,Inc.-Kurtz Resource Recovery and Land Development Project-January 1999. 2.2.4 The size and location of proposed pit areas. Please refer to DMG Exhibit C-2: Mining Plan Map. 2.2.5 The phases of the operation. The legend will include the times required for each phase of the operation. Please refer to DMG Exhibit D -Mining Plan. 2.2.6 The location of all proposed operating STRUCTURES, parking areas, ingress and egress, stockpile areas, and circulation routes. The general location of equipment which will be moved as operations proceed, such as portable crushing and screening plants, shall be located on the map. Please refer to DMG Exhibit C-2: Mining Plan Map. 2.2.7 The legend shall include a complete and accurate legal description as prescribed by the application form. The description shall include the total acreage of the parcel. Please refer to DMG Exhibit A-Legal Description. 2.2.8 Certificates: Certificate of Responsibility; Planning Commission Certificate; Certificate of Approval by the Board of County Commissioners. Acknowledged and provided for. 2.2.9 Title, scale, and north arrow. Acknowledged and provided for on all map exhibits. 2.2.10 Date, and revision dates if applicable. Acknowledged and provided for on all map exhibits. 2.2.11 Extraction Standards. Please refer to DMG Exhibit D-Mining Plan. 2.2.12 Such additional information as may be required by the Board of County Commissioners to satisfactorily explain the general requirements for the type of operation anticipated. Acknowledged. Section 44.3 Supporting Documents. The following documents or any other similar documents shall be submitted by the applicant if deemed necessary by the Board of County Weld County Use by Special Review-Sand Land,Inc.-Kurtz Resource Recovery and Land Development Project-January 1999. Commissioners or their duly authorized representative for the protection of the health, safety and welfare of the inhabitants of Weld County. 3.1 Applicant shall submit a copy of those Reclamation Plans submitted to the State of Colorado Mined Land Reclamation Board. The Reclamation Plans must include a map showing property boundaries, topography, bodies of water, and access. Acknowledged and provided for under DMG Exhibit E-Reclamation Plan,Exhibit F- Reclamation Plan Map,and related exhibits. 3.2 Plans for obtaining water supplies for the mining operation. Acknowledged and provided for under DMG Exhibit G-Water Resources. 3.3 Cross sections of drainage STRUCTURES(culverts for access to COUNTY roads, interior haul roads crossing of ponding or stream channeling). Not applicable. 3.4 Profile and typical cross section of haul roads. All haul roads will comply with the minimum standards of 24.5.1.9. Section 44.4 Operations Policies. The policies outlined below represent a minimum model for operations standards for the proposed USE. Stricter standards may be imposed by the Board of County Commissioners for their duly authorized representative during the review process to ensure the protection of the health, safety and welfare of the inhabitants of Weld County. 4.1 No excavation or processing of sand and gravel shall be permitted nearer than 10 feet to the boundary of ADJACENT property, easement or irrigation ditch or right-of-way, nor nearer than 125 feet to any existing residence, unless by written agreement the owners of such ADJACENT property consent to a lesser distance and the Planning Commission approves such lesser distance. The Planning Commission may set a greater distance than mentioned above when, in their opinion, it is justified. Acknowledged and provided for. Please refer to DMG Exhibit C-2: Mining Plan Map. 4.2 All sand and gravel operations shall be conducted during the hours of daylight except in the case of public or private emergency, or to make necessary repairs to equipment This restriction shall not apply to operation of administrative and executive OFFICES or repair facilities located on the property. The operation requirements need provision for work on equipment and maintenance beyond a standard daylight scenario. The operator requests that total operations be allowed on a 24 hour basis. Government contracts often require night time operations. Flexibility of operations will not impact area residences since background noise from the highway is greater than that of plant/processing/extraction activities. 32 Weld County Use by Special Review-Sand Land,Inc.-Kurtz Resource Recovery and Land Development Project-January 1999. 4.3 Weeds and any other unsightly or NOXIOUS WEEDS shall be cut or trimmed as may be necessary to preserve a reasonably neat appearance and to prevent seeding on adjoining property. Please refer to DMG Exhibit I- Soils Information. 4.4 Existing trees and ground cover along public road frontage and drainage ways shall be preserved, maintained and supplemented if necessary,for the depth of the setback in order to protect against and reduce noise, dust and erosion. Acknowledged. 4.5 In so far as practical, all means of access to the property from any STREET shall be located and designated as to avoid the routing of vehicles to and from the property over STREETS that primarily serve residential DEVELOPMENT. Acknowledged. 4.6 All access roads from sand and gravel operations to PUBLIC highways, roads, or STREETS, or to adjoining residential STRUCTURES, shall be paved or otherwise treated to minimize dust conditions on all parts of such access roads which are located within one- fourth mile of the public highway, road, STREET, or adjoining residential STRUCTURE. Internal haul roads will be kept damp through the use of water applied by a water truck during haul operations. A fugitive dust permit has been applied for through the Colorado Department of Public Health and Environment. Additional information is available upon request. 4.7 Prior to starting excavation in certain specific instances, as first determined by individual investigation by the Board of County Commissioners, or their duly authorized representatives, where excavations are considered hazardous or otherwise harmful to nearby residents or to their property, the Board of County Commissioners may require the excavations to be fenced or that some other action be taken on the pan of an operator in order to minimize the hazardous situation. Chain link fencing to keep out young children, three strand barb wire to keep out livestock, acceleration/deceleration lanes to facilitate the safe/smooth flow of traffic, and water augmentation to compensate for water losses caused by evaporation, are examples of actions which may be required by the Board. Acknowledged. 4.8 Where topsoil is removed sufficient arable soil shall be set aside,for respreading over the excavated area. Please refer to DMG Exhibits D -Mining Plan,E-Reclamation Plan, and I- Soils Information. 4.9 Rock crushers and similar accessory facilities and equipment, but not including hatching (concrete and asphalt)facilities, may be allowed. However, the Planning Commission or Board of County Commissioners may set out additional conditions under which these operations may be permitted; and said conditions may vary by location due to abutting land USES. Concrete and Asphalt batch plants shall meet the requirements of Section 31.4. Please refer to DMG Exhibit C-2: Mining Plan Map, and Exhibit D-Mining Plan. 33 Weld County Use by Special Review-Sand Land,Inc.-Kurtz Resource Recovery and Land Development Project-January 1999. 4.10 Insurance. The operator shall furnish evidence he is insured to the extent of not less than$100,000.00 against liability for any negligent act or omission by the operator from the operation or maintenance of the sand and gravel pit and the extraction and production of sand and gravel and all activities connected with or incidental thereto. Please refer to copy of Certificate of Insurance, as provided by Linden Company, showing compliance with this provision of Weld County Zoning Ordinance 89-HH, following. Varra Companies, Inc. and Sand Land, Inc. are both shown as the insured. 4.11 That the USE will not cause injury to vested or conditional water rights. If the USE may result in injury to vested or conditional water rights, the Applicant shall either present an agreement with a water conservancy district or water user group which encompasses the location of the use within its boundaries, a plan of exchange or substitute supply approved by the State Engineer or a decreed plan for augmentation approved by the District Court for Water Division No. 1, which prevents injury to vested and conditional water rights. The substitute water supply plan, and respective well permit, are under development. The Colorado Division of Water Resources- Office of the State Engineer,has been contacted respective of up to three(3) shares of the Last Chance Ditch and two (2)irrigation wells available for a well permit and substitute water supply plan for augmentation [refer to correspondence of 22 January 1999 from the Division of Water Resources -Office of the State Engineer(OSE)the Colorado Division of Minerals and Geology (DMG)Permit Application, attached,Exhibit G-Water Information]. Information respective of this submittal will be provided to Weld County Planning Services as it develops. Section 44.5 Reclamation Policies. 5.1 Reclamation plans shall be reviewed to determine the compatibility of the proposed USE with surrounding land USES. Acknowledged. 5.2 Following the completion of operations, the land shall be left in a safe condition. Acknowledged and provided for under DMG Exhibit E-Reclamation Plan, and related exhibits. 5.3 Sufficient drainage shall be provided so as to prevent water pockets or undue erosion. Grading shall be accomplished in such a manner that storm water leaves the property at the original, natural drainage points. Runoff at any one such point shall not normally be increased over historic flows. Increases over historic flows shall be allowed only when it is shown that the increased flows will not adversely impact USES or lands affected by such flows. Acknowledged and provided for under DMG Exhibit E- Reclamation Plan, and related exhibits. 5.4 All excavated areas shall finally be graded in substantial conformity to the USE of the land proposed in the reclamation plan. Ridges, banks and mounds shall be graded so as to 3; Weld County Use by Special Review-Sand Land,Inc.-Kurtz Resource Recovery and Land Development Project-January 1999. minimize erosion. Trees, shrubs, legumes, grasses, or other ground cover shall be replaced in order to avoid erosion in so far as is practicable. Acknowledged and provided for under DMG Exhibit E- Reclamation Plan, and related exhibits, including Exhibit I - Soils Information. -fin - Weld County Use by Special Review-Sand Land,Inc.-Kurtz Resource Recovery and Land Development Project-January 1999. LINDEN DENVER 037561024 3 01/25 '99 16:39 N0.731 02 TNRaDLTCER ••"• •I $v. L 1/411- LIHDILI 1 T IN,Ut ,N(;E csl� _{ DATELPPND/ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA / N6 99 The Linden Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, ND OR 4100 X. Mississippi Ave, #900 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Denver CO 00246 COMPANIES AFFORDING COVERAGE Frank F. Crowe COWAN( Pte 303-756-67OC NI 303-756-770Q A UsF&G Insurance INSURED - -- CCIPAaY B C.C.I.A. Varra Companies, Inc. COMPANY -- Sand Land, Inc. C 2130 3 96th Street - -- Broomfield CO 80020 "^' COVERAGES THIS IS TO CERTIFY THAT THE POLICES OF INSURANCE LISTED BELOW HAW SEEN ISSUED TO THE NSURED NAMED ABOVE FOR THE POLICY PERIOD MIOICATED,NOTWfPCTAter o ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH INS CERTFCATE MAY SE ISSUED OR MAY PERTAN,THE INSURANCE AFFORDED EY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH PODCIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID a.ea, co LTTR TYPE OF NSURNICE POLICY NUMBER dFECTrE POIILY EXPIRATION DATE(MMISBHTT DATE BSADDYYI LRCM Qn1UAL LIASA'Tr c=ENERN.AGGREGATE $2000000 A X 00MME$cIAL GENERAL LN9lRY 1MP301{6188600 11/17/98 10/01/99 PRODIICTs-LbMW►AGG '2000000 CLAIM NAVE l Xl°`'ct R PERSONAL a ADV INJURY 1 1000000 — OWNERS a CONTRACTORS NLOT EACHOOCTJRRBICE $1000000 FOAMAGE vagina.* s O ME 0 M®OP(Aar IAN PnAn) $5000 AUTOMOBILE LIMIEST A X AAUT0 LMP301{6188600 11/17/98 10/01/99 COASTED $1000000 NV ALL WISED AUTOSWOOL SCNEDULEDAUTOE �P�INJURY $ pea) X HIRED AUTOS X /gN-0WNED AUTOS P Pp Y M $ —. - PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY.EA ACCIDENT $ ANT AUTO OnERWm AUTO ONLY .. EACH ACaOENT $ .. AGGREGATE I � �L T^' EACH OCCURRENCE $1000000 EXCA it SIBE 10 LLAFORM 1301{61811600 11/17/98 10/01/99 AITIRIEWTE. s 1000000 OTTER TTIAN UMBRELLA FOAM $ WORKERS COMPENSATOR AND iO�Y L�1_ rat EMPLOYERSLIIaLTY - .... EL EACH ACCIDENT $ 100000 B a R VE _ 0.tK Na 32185{{ 10/01/911 10/01/99 ELdeeA .POLICY Lee $ 500000 omens MME. EX(L BEA$E-FA EMPLOYEE $100000 —~ OTHER DESCRIPTION OF DOER ATONSILOCATcNSIYNIICLFSISPECNL ITEMS A11 Operations - All Locations CERTIFICATE HOLDER ,CANCELLATION nwcou s&LIAD ANY OF THE ABOVE DEcnPEP MUCKS EE CANCELLED&PORE THE EXMOOR DATE THEME*,TIE ISSUNO COMPANY MILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. Weld County BUT CALUILE TO MAX.SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIAMMMY Dept of Planning Services 1400 No. 17th Avenue oF ANY TOO UPON THE Commit rrs AGENT&OIL PEPRESENTATIV Greeley CO 80631 *RTc � ATME a ` Frank K. Crewe RZnt ACORD 254(1195) " AI:DRDCORPORATION 1988 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY De mm of panc of Natural Resources I f I I Sherman Si., Room 215 Denver,Colorado 80203 Phone:i SO 11 866-3567 FAX:I;0;1832-8106 DEPARTMENT OF NATURAL CONSTRUCTION CONSTRUCTION MATERIALS RESOURCES REGULAR (112) OPERATION Roy Romer RECLAMATION PERMIT APPLICATION FORM Governor lames S.Lochhead Executive Director Michael B.Long Division Director CHECK ONE: X New Application (Rule 1.4.5) Amendment Application (Rule 1.10) Conversion Application (Rule 1.11) Permit # - -_ (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts : (1) the application form; (2 ) Exhibits A-S, Addendum 1, any sections of Exhibit 6.5 (Geotechnical Stability Exhibit; and (3) the application fee. When you submit your application, be sure to include one (1) complete signed and notarized IVORY ORIGINAL and four (4) copies of the completed Ivory application form, five (5) copies of Exhibits A-S, Addendum 1, appropriate sections of 6 .5 (Geotechnical Stability Exhibit, and a check for the application fee described under Section (4) below. Exhibits should NOT be bound or in a 3-ring binder; maps should be folded to 8 1/2" X 11" or 8 1/2" X 14" size. To expedite processing, please provide a information in the format and order described in this form. • GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, ALL information requested below. 1. Applicant/operator or company name (name to be used on permit) : Sand Land, Inc. 1.1 Type of organization (corporation, partnership, etc. ) : corporation 1.2 I.R.S. Tax I.D. No. or Social Security Number: 84-1375046 2. Operation name (pit, mine or site name) : Kurtz Resource Recovery & Land Development Project 3 . Permitted acreage (new or existing site) : Refer to Ex. C-2: 794 78 permitted acres 3 .1 Change in acreage (+) 0.60 acres 3 .2 Total acreage in Permit area 295.38 acres 4. Fees: 4.1 New Application X $1, 875.00 application fee 4.2 New Quarry Application $2, 325.00 quarry application 4 .3 Milling Application (Non-DMO) $3, 100.00 milling application 4 .4 Amendment Fee $1, 550 .00 amendment fee 4 .5 Conversion to 112 operation (set by statute) $1, 875 . 00 conversion fee 5. Primary commoditie(s) to be mined: Sand Gravel other Earth Products 5.1 Incidental commoditie(s) to be mined: 1 . N/A - lbs/Tons/yr 2 . N/A / lbs/Tons/yr 3 . N/A / lbs/Tons/yr 4 . N/A / lbs/Tons/yr 5 . N/A / lbs/Tons/vr 5.2 Anticipated end use of primary commoditie(s) to be mined: construction-seeTable D-1 5.3 Anticipated end use of incidental commoditie(s) to be mined: N/A - 2 - Refer to Exhibit 0: leasees + 6 Name of owner of subsurface rights of affected land: Sand Land, Inc./Jack & Jacqueline Varra If 2 or more owners, "refer to Exhibit O" . Burchfield Elverna Trustee & Sherry Rose. 7. Name of owner of surface of affected land: Sand Land, Inc. /Jack & Jacqueline Varra 7.1 Names of the holders of any recorded Uu5Me lgsEglitA8 Sliacggg-iI7ARApg Map Refer to Exhibit C-1 : Pre-Mining Map 8. Type of mining operation: X Surface Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN (check one) : X 6th (Colorado) _ 10th (New Mexico) _ Ute SECTION (write number) : S 28 TOWNSHIP (write number and check direction) : T 3 X North _ South RANGE (write number and check direction) : R 67 _ East X West QUARTER SECTION (check one) : _ NE _ NW X SE _ SW QUARTER/QUARTER SECTION (check one) : NE X NW SE SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation) : Approximately 1.5 miles from Mead, CO and adiacent to property owned by the Town of Firestone at an elevation of 4795± Primary future (Post-mining) land use (check one) : _ Cropland(CR) _ Pastureland(PL) X General Agriculture(GA) Rangeland(RL) Forestry(FR) _ Wildlife Habitat (WL) Residential (RS) _ Recreation(RC) _ Industrial/Commercial (IC) Developed Water Resources (WR) _ Solid Waste Disposal (WD) 11. Primary present land use (check one) : Cropland(CR) _ Pastureland(PL) X General Agriculture(GA) Rangeland(RL) _ Forestry(FR) _ Wildlife Habitat(WL) Residential (RS) Recreation(RC) _ Industrial/Commercial (IC) Developed Water Resources (WR) 12. Method of Mining: Briefly explain mining method (e.g. truck/shovel) : Open pit - over the shoulder extraction of sand and gravel resources and related earth products and materials. 13. On-Site Processing: X Crushing/Screening 13 .1 Briefly explain on-site processing: Pit run fill and earth products with crushing to size &/or screen & sort by conveyor, with supporting asphalt and concrete patch plants. List any designated chemicals or acid-producing materials to be used or stored within permit area: fuel/lubricants/absorbents - 3 14. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: Christopher L. Varra Title: President Company Name: Sand Land. Inc. Street: 12910 Weld County Road 13 City: Longmont, State: Colorado Zip Code: 80504 Telephone Number: ( 303 ) - 666-6657 Fax Number: ( 303 ) - 666-6743 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: same as above Title: Company Name: Street: City: State: Zip Code: Telephone Number: ( ) - Fax Number: ( ) - INSPECTION CONTACT Contact's Name: Christopher L. Varra Title : President Company Name: Sand Land, Inc. Street: 12910 Weld County Road 13 City: Longmont, State: Colorado Zip Code: 80504 Telephone Number: ( 303 ) - 666-6657 Fax Number: ( 303 ) - 666-6743 CC: STATE OR FEDERAL LANDOWNER (if any) Agency: N/A Street: City: State: Zip Code: Telephone Number: ( ) - CC: STATE OR FEDERAL LANDOWNER (if any) Agency: N/A Street: City: State: Zip Code: Telephone Number: ( ) - — 4 — ' s. Description of Amendment or Conversion: If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s) . N/A Maps and Exhibits: Five (5) complete, unbound application packages must be submitted. One complete application package consists of a signed application form and the set of maps and exhibits referenced below as Exhibits A-S, Addendum 1, and the Geotechnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate documents are used as appendices, please reference these by name in the exhibit. With each of the five (5) signed application forms, you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4, 6 .5, and 1.6.2 (1) (b) : EXHIBIT A Legal Description EXHIBIT B Index Map EXHIBIT C Pre-Mining and Mining Plan Map(s) of Affected Lands to include the location of any recorded easements EXHIBIT D Mining Plan :XHIBIT E Reclamation Plan EXHIBIT F Reclamation Plan Map EXHIBIT G Water Information EXHIBIT H Wildlife Information EXHIBIT I Soils Information EXHIBIT J Vegetation Information EXHIBIT K Climate Information EXHIBIT L Reclamation Costs EXHIBIT M Other Permits and Licenses EXHIBIT N Source of Legal Right-To-Enter, to include holders of any recorded easements EXHIBIT O Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined, to include holders of any recorded easements EXHIBIT P Municipalities Within Two Miles EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Soil Conservation District EXHIBIT R Proof of Filing with County Clerk or Recorder EXHIBIT S Permanent Man-Made Structures Rule 1.6 .2 (1) (b) ADDENDUM 1 - Notice Requirements (sample enclosed) Rule 6 . 5 Geotechnical Stability Exhibit (any required sections) The instructions for preparing Exhibits A-S, Addendum 1, and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.6 .2 (1) (b) of the Rules and Regulations. If y-u have any questions on preparing the Exhibits or content of the information required, or ld like to schedule a pre-application meeting you may contact the Office at 303-866-3567 . - 5 responsibilities as a Permittee : Upon application approval and permit issuance, this application becomes a legally binding document . Therefore, there are a number of important requirements which you, as a permittee, should fully understand. These requirements are listed below. Please read and initial each requirement, in the space provided, to acknowledge that you understand your obligations . If you do not understand these obligations then please contact this Office for a full explanation. C � I . 1 . Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is ,/ i revoked and financial warranty is forfeited; C ". 2 . The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; CC1 3 . If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as permittee can result; (1 /4 . Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; //5 . It is your responsibility to notify the Office of any changes in your address or phone number; �� 1/6 . Upon permit issuance and prior to beginning on-site mining activity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information (Rule 3 . 1 . 12 ) : a . the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c . the permit number. ' `/ 7 . The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance . - 6 - («_ 8 . It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the c permit is issued. ( 5'/ 9 . Annually, on the anniversary date of permit issuance, you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year) , any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval . Annual fees are for the previous year a permit is held. For example, a permit with the anniversary date of July 1, 1995, the annual fee is for the period of July 1 , 1994 through June 30 , 1995 . Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the permittee, to continue to pay your annual fee to the Office until the Board releases you from your total 0/ reclamation responsibility. 10 . For joint venture/partnership operators : the signing representative is authorized to sign this document and a power of attorney (provided by the partner (s) ) authorizing the signature of the representative is attached to this application. NOTE TO COMMENTORS/OBJECTORS : It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office . Therefore, if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document . The Office is not allowed to consider comments, unless they are written, and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office' s review and decision or appeals process, you may contact the Office at (303 ) 866-3567 . - 7 - Certification: .,s an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. To the best of my knowledge, all significant, valuable and permanent man-made structure(s) in existence at the time this application is filed, and located within 200 feet of the proposed affected area have been identified in this application (Section 34- 32 .5-115 (4) (e) , C.R.S. ) . 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32 .5-115 (4) (f) , C.R.S. ; 3 . As the applicant/operator, I do not have any extraction/exploration operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32 .5-120, C.R.S. ) as determined through a Board finding. 4. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. Signed and dated this 27th day of January , 1999 . Sand Land, Inc. If Corporation Attest (Seal) Applicant/Op .L or/�comp _ Name // % �td4aL/ /7 ciN- 4 igned: ���a7dtcti— f Signed: �� ry�� 1 Corporate S Cretary or Equivalent Title: President Town/City/County Clerk ` State of �%� ("f ) ) ss County of �/( ; �„--1 ) '1/1 pp The foregoing instrument was acknowledged before me thist( / day of ( ���/L��'��.� , / / / /, �/i� / a � by lam (} <<� 114(Y1r"'��:C�,Cy., (as ��1 ofci .�f��'��1 -CI74. � 1 [,CP✓J�` 1�C° Notary Public My Commission expires: V40 /6)9 40 16)x.) SIGNATURES MUST BE IN BLUE INK / / / 06/26/97 2823FC0.112 Exhibit A - Legal Description 6.4.1 The legal description must identify the affected land and be wholly adequate for field location of the property. It can be in the form of metes and bounds survey or a description by reference to township, range and section to at least the nearest quarter quarter section. Where applicable, the street address or lot numbers may be used. A Land Survey of 23 September 1998 by Acklam Associates,Inc., is provided describing the property in metes and bounds and by quarter quarter section. For purposes of this submittal,the platted boundary is also the boundary to be permitted,except as modified under Exhibit C-2: Mining Plan Map. Portions of the platted boundary have been excepted out of the permit boundary under Exhibit C-2: Mining Plan Map [e.g., residences,owned and controlled by the operator, and their yards, not pertinent to the purposes of the permitted activities]. Where lands have been excepted into the permit boundary,planed boundaries, shown in Exhibit A-Legal Description, will be honored until ownership of the lands excepted into the boundary have been validated. The total acres permitted under Exhibit C-2: Mining Plan Map reflects the excepted portions, or other adjustments, appended to or subtracted from the platted areas,where applicable. This serves to explain the variation in the reported acreage of the survey plat to the reported permit acreage identified under part 3 of the 112 application form. In subsequent exhibits,the Land Survey Plat, and other political features, are overlain by CAD- CAM onto ground truth,ortho-rectified,digitized aerial photogrammetry. In this manner, a substantial amount of information that would otherwise have to be written or measured in the field, can simply be derived to near survey accuracy directly from the aerial datum. EXHIBIT A-Legal Description 1 Colorado Division of Minerals& Geology Regular Impact [112] Construction Material Permit Sand Land, Inc. - Kurtz Resource Recovery & Development Project -January 1999 Exhibit C - Pre-Mining & Mining Plan Maps 6.4.3 One or more maps may be necessary to legibly portray the following information: For purposes of maintaining clarity, the majority of the information required under this exhibit is shown in two parts. Exhibit C-1: Pre-Mining Map. Exhibit C-2: Mining Plan Map. Where the information required under Exhibit C would aid in the clarity of other exhibits required under this permit, the information may not appear under Exhibit C,but will appear on maps within those specific exhibits [e.g.,Exhibit 1/J - Soils and Vegetation Map] necessary to satisfy this requirement. a) all immediately adjacent surface owners of record: The names and addresses of all identifiable owners of record are shown on Exhibit C-1: Pre- Mining Map. Owners of immediately adjacent surface owners of record and recorded easements are taken from datum from the Weld County Assessor's Office, as required under Rule 1.1(34): "Owner of Record=—means the owner or owners of a surface property interest shown on the records of the County Assessor as of the date of filing." Information on easements and owners of structures located inside of, or within 200 feet from the outside of,the permit boundary, was supplemented by direct contact with, and incorporation of mapping information from,entities identified by the Utility Notification Center of Colorado [UNCC]. Except as identified by legal survey, information shown about above or below ground easements and structures as reasonably derived by the ground truth aerial datum, field measurement, or as extracted from maps provided by the owners easements or structures, are an accurate approximation adequate for purposes of planning. Prior to digging, all underground utilities will be identified by a qualified locator as contacted by the UNCC. All easements, setbacks, and recorded surface and subsurface ownership rights will be observed respective of Exhibit C-3: Protection of Existing Facilities Plat, as developed and certified by a professional engineer [to be submitted under separate cover]. b) the name and location of all creeks, roads, buildings, oil and gas wells and lines, and power and communication lines on the area of affected land and within(200)feet of all boundaries of such area; Exhibit C-1: Pre-Mining Map identifies information required under Rule 6.4.3, including easements and significant man-made, above or below ground, structures located inside the permit boundary or within 200 feet from outside of the permit boundary. Since many structures are identifiable on the aerial photograph at ground truth,verification of distances from the permit boundary can be measured using an Engineer's scale [40]. Underground gas lines, overhead electric lines,gas wells, and other features more difficult to identify on the aerial, are labeled or otherwise established as indicated under Rule 6.4.3(a), above. c) the existing topography of the area with contour lines of sufficient detail to portray the direction and rate of slope of the affected land; Contour information is provided on map exhibits within this permit submittal as derived from datum taken from the Gowanda- U.S.G.S. - Quadrangle Map. The 10 foot contour intervals reveal the near table flatness of the cropped portions of the property and the slopes as the cropped terrace falls into the pastured flood plain of St. Vrain Creek. EXHIBIT C - Pre-Mining & Mining Plan Maps 1 Colorado Division of Minerals& Geology Regular Impact [1 121 Construction Material Permit Sand Land, Inc. - Kurtz Resource Recovery &Development Project -January 1999 Exhibit C - Pre-Mining & Mining Plan Maps d) the total area to be involved in the operation, including the area to be mined and the area of affected lands(see definition of"Affected Land"); Total area of the permitted lands is identified on Exhibit C-2: Mining Plan Map. The total area to be involved in the permit is the property boundary, less cross-hatched portions within the property boundary, including rental houses and yards owned and controlled by the applicant, or other adjustments, appended to or subtracted from the platted land survey, where applicable. e) the type of present vegetation covering the affected lands; and Map Exhibit I/J appears later in this permit application between Exhibit I- Soils information and Exhibit J-Vegetation Information, since soil and vegetation is better correlated when the datum is combined. The information shown on Map Exhibit UJ is supplemented by text information in the respective Exhibit I- Soils Information and Exhibit J- Vegetation Information, and on the image and datum of the correlated aerial photograph of the property. Wetland determinations are identified under this exhibit and under Exhibit G-Water Resources Map. Wetland determinations are also shown respective of operations under Exhibit C-2: Mining Plan Map. Ifin conjunction with Exhibit G - Water Information, Subsection 6.4.7, if required by the Office,further water resources information will be presented on a map in this section. Exhibit G-Water Information, is supported by text and a separate map that identifies all existing surface or exposed ground water,or phreatophyte vegetation, wetlands, and Waters of the United States. Exhibit G will be updated by separate cover relative to correspondence and permitting with the State of Colorado Division of Water Resources- Office of the State Engineer [OSE];or the U.S. Dept. of Army - Corps. of Engineers, where applicable. A well permit and substitute water supply plan is under development with the OSE, and the DMG will be kept appraised of any and all developments relative to that concern. Additional information concerning water resources are detailed under Exhibit G-Water Information, including wetland determinations [also identified on Exhibit C-2: Mining Plan Map, and Exhibit UJ- Soils and Vegetation Map. g) Show the owner's name, type of structures, and location of all permanent or man-made structures contained on the area of affected land and within two hundred(200)feet of the affected land. Please refer to Exhibit C-1: Pre-Mining Map. h) In conjunction with Exhibit I- Soils information, Subsection 6.4.9, soils information may be presented on a map in this section; Vegetation and Soil information is identified on a later Map Exhibit I/J - Soils and Vegetation Map. Vegetation is keyed to Soil and Crop information,and as derived from Wetland Delineation, as shown on the included map, and as further detailed under Exhibit G-Water Information. I) Aerial photos, if available, may be included in this section. Information shown on the aerial photograph is ground truth,therefore, all creeks,irrigation ditches, structures, or other photogrammetric identifiable objects are located to an accuracy to the EXHIBIT C - Pre-Mining &Mining Plan Maps 2 Colorado Division of Minerals& Geology Regular Impact [112] Construction Material Permit Sand Land, Inc. - Kurtz Resource Recovery & Development Project - January 1999 Exhibit C - Pre-Mining & Mining Plan Maps near equivalent of the land survey that identifies the property boundary. Contour lines and soil boundary lines are shown to the accuracy of the U.S.G.S. Quadrangle maps from which they were derived and translated by CAD-CAM onto the aerial datum of 27 May 1998. EXHIBIT C - Pre-Mining &Mining Plan Maps 3 Colorado Division of Mineral s & Geology Regular Impact [1.12] Construction Material Permit Sand Land, Inc. - Kurtz Resource Recovery & Development Project -January 1999 Exhibit D - Mining Plan 6.4.4 The mining plan shall supply the following information, correlated with the affected lands, map(s) and timetables: a) description of the method(s)of mining to be employed in each stage of the operation as related to any surface disturbance on affected lands; b) earthmoving; c) all water diversions and impoundments;and d) the size of area(s) to be worked at any one time. e) An approximate timetable to describe the mining operation. The timetable is for the purpose of establishing the relationship between mining and reclamation during the different phases of a mining operation. An Operator/Applicant shall not be required to meet specific dates for initiation, or completion of mining in a phase as may be identified in the timetable. This does not exempt an Operator/Applicant from complying with the performance standards of Section 3.1. Such timetable should include: i) an estimate of the periods of time which will be required for the various stages or phases of the operation; ii) a description of the size and location of each area to be worked during each phase; and Hi) outlining the sequence in which each stage or phase of the operation will be carried out. (Timetables need not be separate and distinct from the mining plan, but may be incorporated therein.) Setting: The areas designated for resource recovery on Exhibit C- 2: Mining Plan Map {I and settling pond(s), II, IV, V, and VI}, lie over a nearly level upper terrace of St. Vrarn Creek. The placement of the railroad bed in the early 1900's interrupted the flood plain typified by the FEMA map for this location and represented on Exhibit C-1: Pre-Mining Map. With the railroad came settlement, and we estimate this area has been farmed since the turn of the century,or near the time of the establishment of the Union Pacific Railroad spur in 1909 [Note: The spur has since been abandoned, and is now owned by the Town of Firestone, as identified under Exhibit C-1: Pre-Mining Map]. Entry to the mine for heavy equipment and haul traffic will occur from the near center of the operations from Colorado Highway 66, South and Weld County Road 17,East, as shown on Exhibit C-2: Mining Plan Map. Location of the proposed access road off Colorado Highway 66 will provide greater safety for haul trucks exiting the property since it increases the total distance to the Bridge over St. Vrain Creek,respective of the present location of Weld County Road 17. The reclamation plan is intended to facilitate the safety of Weld County Road 17 from its present location. Upon the termination of all resource recovery,exhaustion of stockpiled resource and reclamation of the property,as part of that reclamation,the intent is to relocate Weld County Road 17 to the approximate location shown on Exhibit F: Reclamation Plan Map. Area Soils & Geology: Soils are described more thoroughly under Exhibit I - Soils Exhibit, and the attending Exhibit I/J -Soils and Vegetation Map. The bottomland or lower terrace portion of Section 29 adjacent to St. Vrain Creek, and portions of the cropped upper terrace have soils typified by aquolls, aquents, and aquepts soil units. These soils generally have poorly defined soil horizonation, typical of entisols and inseptisols of active or former flood plains. On the lower EXHIBIT D -Mining Plan 1 Colorado Division of Mineral s & Geology Regular Impact [112] Construction Material Permit Sand Land, Inc. - Kurtz Resource Recovery & Development Project -January 1999 Exhibit D - Mining Plan terrace of Section 29, the soil has been enhanced by the establishment of pasture grass that has developed a good organic base in the upper 6.0±to 12.0±inches of the solum. The native A profile of the upland terrace is predominantly modified as a plow layer of 6.0±to 10.0±inches, regardless of the soil unit description. The historic practice of incorporating manure into the plow layer should have served to maintain the organic base and quality of the cropped soils. Since the cropped soils have been irrigated,care should be taken not to salvage soils greater than 12.0±inches in depth to avoid mixing of potential accumulated salts. Soil testing at varying depths should occur over the property to build a soil datum to assure adequate soil quality for reclamation and to prevent mixing of surface soils with soil horizons potentially greater in the level of accumulated salts due to years of irrigation practice over the affected soils. Generally, total overburden depth over the property is approximately four [4.0±] feet,with a gravel depth to shale varying 15.0±to 40.0±feet over the entire property. Site geology is typified by mixed alluvial and aeolian development,that is predominantly alluvial in nature,with groundwater varying from one foot below the surface in the wetland portions of the lower terrace, to 7.0±to 10±feet along portions of the upper terrace. Plant Site Development: Precedent to extraction activities, a basin will be extracted in the NorthWest corner of Section 28 {I), to function as recycling wash water and receiving basin for reject fines for the intended Plant/Processing activities {II and!HI. Since the basin will need to be excavated in a dry state,the site {I} will need to be dewatered. Up to two settling basins will be established on Section 29 to facilitate clean water discharge under an approved Colorado Department of Health Storm Water/Process Water Discharge Permit. Since the settling ponds are essentially smaller, they can be excavated wet and avoid potential discharge of suspended solids since there is a chicken and the egg problem of creating yet another settling basin for a settling basin. Regardless, once the settling basins are established, the wash pond {I} can be created. Once established,the settling basins will only be needed when cleaning out the wash pond solids for use as fill, product,or use as a soil/soil amendment. Otherwise,it is the intent to recycle wash pond water as a closed system. Plant equipment will be established at H and III and includes [but is not limited to] the set up of a crusher, screens, and conveyors, scale house and attending equipment. Plant equipment will also include the establishment of asphalt and concrete batch plant operations. Resulting stockpiles of pit run and processed products will occur over II and III. As previously stated,plant activities will require a wash plant and attending wash pond to recycle wash water and receive discharge silts and other reject fines from the washed product. Plant and Wash Pond areas are identified on Exhibit C -2: Mine Plan Map. All water requirements and sources for the operation are identified under Exhibit G -Water Information, and will be in conformance with all requirements of the Colorado Division of Water Resources- Office of the State Engineer. Ultimately,the closed system wash pond will fill with silt and be revegetated in a manner consistent with Exhibit E- Reclamation Plan. Interim clean out of the wash pond will occur, returning the inert materials to the bottom of exhausted pits,or utilizing it in part or in whole as product, or for purposes as substitute soil, soil additive, or as subsoil for reclamation. Silt or other reject fines from die wash pond that are used for reclamation will be soil tested for suitability prior to use,and all tests will be included in the Annual Report to the DMG. EXHIBIT D - Mining Plan 2 Colorado Division of Mineral s& Geology Regular Impact[112] Construction Material Permit Sand Land, Inc. - Kurtz Resource Recovery & Development Project - January 1999 Exhibit D -• Mining Plan Plant and material processing activity will divide materials into diverse and dynamic product stockpiles [refer to part g,below], that will come and go with unpredictable variations in sale and production. To the extent possible,product material will surround plant activities to lessen visual and noise impacts to surrounding properties. Relative to noise, traffic along Colorado Highway 66 is approximately 70.0±decibels within 100 feet from the centerline of the Highway. Noise at ground zero, as measured by a hand held meter, is at 80.0±decibels, dropping to 70.0±decibels at 100.0±feet from the center. The level drops an additional 5.0±decibels for every 100.0±feet from the center of the crusher and surrounding plant noise. Plant placement will assure that plant noise is well below that of the nearby traffic on Colorado Highway 66. Backup sirens and heavy equipment averaged 60.0±to 75±decibels, with similar decreases in decibel readings from the source measured in a manner similar to that indicated for the crusher and plant equipment sources. The location of the scale house and internal traffic at the plant site location will vary depending upon production levels and areas needed for product stockpiling. Regardless, the scale house will be located along internal paths for haul trucks,where finished material will be weighed and disembarked to help build the urban matrix of roads, highways,foundations,etc. Dewatering and Soil Salvage: Dewatering of the property in preparation for extraction and resource recovery will occur by establishment of a dewatering pump and/or well in the SouthWest Corner of the permit boundary in Section 28. Water will be conveyed by gravity flow Eastward along the existing concrete lined ditch to the existing discharge point {#1) at the Seep Ditch. Resource recovery will commence by first removing the upper[A profile/plow layer] four to ten inches of soil [six (6.0±) inches typical],combined with existing grass or crop stubble. Removal will utilize scrappers, aided by dozers. Since salvaged soil stockpiles are temporary,pending reclamation,they will be located in windrows along the extraction perimeter,nearest the location of removal, for later replacement onto finished slopes. To the extent practical,windrows will run parallel to prevailing Westerly winds, and every opportunity will be used to place windrows in a manner to aid in the screening of visual and noise impacts of the operations. Since windrowed soil may be removed,deposited and replaced on reclaimed slopes by scrapers or dozers,the piles must facilitate equipment capabilities,and will take on different shapes. Stockpiles will appear as long low profile windrows that can be pushed by dozer onto adjacent slopes; or, as a small hummock approximately the shape of a football,cut in half,that will facilitate scrapers. The size and height of each soil stockpile will be determined in part by the total volume salvaged at each location over the length of the windrow. Until resoiling activity occurs, where stockpiled soils are in place prior to 1 October of any year, they will be seeded with the mixture specified under Exhibit E,Table E-1: Revegetation Seed Mixture. A stabilizing cover of vegetation should begin to emerge in the following spring,and offers opportunity to gage the performance of the seed mixture prior to utilizing it over larger areas requiring reclamation later in the life of the resource recovery operation. Once vegetation has established over the initial soil stockpiles,they will remain untouched for the life of the operation until final reclamation of remaining affected lands takes place. Concurrent reclamation will utilize soil in an over the shoulder method. In this manner,reclamation of the entire property is expedited,while the soil stockpiles waiting for final reclamation serve to buffer visual and noise impacts from the operations. EXHIBIT D-Mining Plan 3 Colorado Division of Mineral s& Geology Regular Impact [112] Construction Material Permit Sand Land, Inc. - Kurtz Resource Recovery &Development Project -January 1999 Exhibit D - Mining Plan Location and volume of soil, in proportion to the area of affected land remaining above water and requiring soil replacement,will be reported in the First Annual Report to the Colorado Division of Minerals and Geology [DMG]. Since the majority of the area of extraction will result in ponds with a water level [groundwater elevation] varying approximately five [5.0±] to ten [10±] feet from the original surface, subsequent to excavation,the nominal width of affected land remaining above water and requiring resoiling and revegetation will be approximately 50.0±feet [±25.0 feet in variation]. For purposes of establishing initial warranty,that area comprising the Plant Site [plant/stockpiles and wash pond] plus 10± acres of soil salvage [a 8, 067.0±cu. yds. of soil] for redistribution along intended pond perimeters, will define the limits of affected lands during the first year of operation. This will accommodate the resoiling of 8,712.0±linear feet of pond perimeter to an average depth of 6.0±inches, with an above water shoreline averaging 50.0±feet in width. 8,712.0±feet of perimeter shoreline encompasses an area bounded on four sides of 2,178.0±feet, or 109.0±acres of extraction. Soil stockpile locations and area measurements of affected land to assure adequate warranty will be verified with each subsequent Annual Report to the DMG. Resource Recovery: Following soil salvage, the balance of materials will be extracted to the depth of unconsolidated or weathered shale,and either placed directly into stockpiles as pit run, or manipulated at the plant site by screening, crushing, washing, and other methods to size and properly dimension the earth product into merchantable materials for sale. Recovery will commence West to East on a line or series of lines along the entire Southern permit boundary of Section 28 and proceed Northward in IV and V. Extraction will tend to rotate counter-clockwise into VI, finally entering the plant site location {II}which will be accommodated to allow for the completion of resource recovery and eventual site closure and reclamation in approximately 20±to 30± years. There are no sequences or phases to over the shoulder extraction. Instead,extraction is `pulsed' according to market conditions. As such, the rate of mining and subsequent reclamation will slow or quicken according to influences on the market,including the influences of weather. Except for minor and temporary anomalies,slopes resulting from extraction activities will be established by concurrent grading to 3h:ly,although initial extraction may result in temporary slopes up to lh:1v until backfilled with shale, overburden and soil. The majority of resulting slopes will drain internally into the future pond basin and are not anticipated to result in any off-site impacts due to erosion or stormwater runoff. The gentle to flat topography of the native site tends to aid in overall stability above the planned areas of extraction. While some erosion of mined slopes will be evident subsequent to extraction,over the shoulder soil placement and revegetation (delineated under Exhibit E-Reclamation Plan)will provide cover for both near and long term stability of affected lands remaining above water level of the finished ponds. During extraction, a vertical advancing pit wall (front} is not anticipated due to the use of scrapers in the removal and internal transport of extracted materials to the plant/stockpile location. The scrapers traverse best over flat grades removing material in a series of in long thin slices resulting in broad advancing front. Slopes will typically be 3h:ly, or flatter, along the perimeter and 5h:ly or flatter along the advancing front of the area of extraction. Regardless,the maximum length of the advancing front would never exceed the length of one side of a quarter section of land, or 1,320.0± feet. The near extent of extraction is identified by a 25±foot variable line set back uniformly at 25±feet from the edge of property lines; and,the centerline of field located underground gas lines or other underground facilities, irrigation ditches and seep ditch,wells and other structures. Specific EXHIBIT D-Mining Plan 4 Colorado Division of Minerals& Geology Regular Impact[112] Construction Material Permit Sand Land, Inc. - Kurtz Resource Recovery & Development Project - January 1999 Exhibit D - Mining Plan variations in the location of: stockpiles, boundaries of extraction, and related information relative to adjacent structures and easements; from that represented on Exhibit C-2: Mining Plan Map - Typical Extraction Limits, will be represented in a later,Exhibit C-3: Protection of Existing Facilities Plat, as developed and certified by a professional engineer. In the interim, the general format shown on Exhibit C-1: Pre-Mining Map has the proper certification for protection of structures located within 200 feet from the proposed extraction limits. This submittal forecasts the maximum extent of affected land expected at any given point in time during the life of the operation [refer to Exhibit L-Reclamation Costs]. The forecast will be verified with each DMG Annual Reports to assure that the actual amount of lands affected remain within the limits warranted for under this original submittal. At any point during the next 30 years, should field conditions exceed those estimated under the original submittal, the change will be reflected in the next Annual Report. A rider to the warranty would be provided at that time to reflect the conditions. Acreage to be affected during the first year of extraction activities will be determined by the initial Wash Pond and attending Settling Pond(s), Plant Site, and Initial Area of Extraction. While the acreage required for the Plant Site and Wash Pond are not expected to change, the Initial Area of Extraction will expand until concurrent reclamation follows over the shoulder as each location is exhausted of resource, as previously described. Final slopes and grades will be concurrently established at 3h:lv, or flatter, from 5±feet above to 10±below the expected water level of each location of extraction. Actual locations of flatter slopes and escalloped shorelines [refer to Exhibit H -Wildlife Information] will be field fitted by grading or other cut/fill activity to optimize final shoreline irregularity. Final disposition of each reclaimed shoreline will be measured and resulting maps included in the Annual Report pertinent to that years activities. Slopes may approach 2h:lv at depths of 10±feet below the expected water level to the pond bottom. To the extent possible, pond bottoms will be left rough,with the possible introduction of logs or other non-putrescent inert material to aid in aquatic habitat and cover [Refer to Exhibit H- Wildlife Information]. Reclamation will follow guidelines established under Exhibit E- Reclamation Plan. NOTE: Shoreline irregularities and fill to establish and enhance the aesthetic and end-use functions of the resulting basins is not shown on Exhibit F: Reclamation Plan Map, as this effect will be field fitted and representations are too general to be accurately portrayed. Exhibit F simply identifies the near maximum extent [typical] of the resulting basins or ponds. f) A map (in Exhibit C-Pre-Mining and Mining Plan Map(s)of Affected Lands, (Subsection 6.4.3)may be used along with a narrative to present the following information: i) nature, depth and thickness of the deposit to be mined and the thickness and type o overburden to be removed(may be marked "CONFIDENTIAL,"as per Paragraph 1.3(3)); and ii) nature of the stratum immediately beneath the material to be mined in sedimentary deposits. The upland terrace is nearly level and supports a variety of crops. U.S.G.S. Geologic Maps describe the majority of the site as Piney Creek Alluvium to an approximate depth of 20 feet. Field cores suggests depths can vary to approximately 40±feet to shale. EXHIBIT D- Mining Plan 5 Colorado Division of Mineral s&Geology Regular Impact[112] Construction Material Permit Sand Land, Inc. - Kurtz Resource Recovery & Development Project -January 1999 Exhibit D - Mining Plan The lower terrace is used for pasture and supports a mature stand of Cottonwoods along the Creek banks. The lack of regeneration suggests that the area has not incurred much flooding, since scouring by flooding is necessary for natural regeneration of Cottonwood trees. U.S.G.S. Geologic Maps describe the majority of the flood plain and lower areas immediately adjacent to St. Vrain Creek as Post Piney Creek Alluvium with depths averaging 15±feet to shale. g) Identify the primary and secondary commodities to be mined/extracted and describe the intended use;and Aggregate sand, gravel and overburden for a diverse list of products, including,but not limited to, those identified under Table DI -Earth Products, and useful for diverse construction purposes, including, but not limited to, structural fill,concrete products,road construction and other infrastructure use. h) name and describe the intended use of all expected incidental products to be mined/extracted by the proposed operation. There are no expected incidental products [e.g., gold, silver,etc.] anticipated at this time. EXHIBIT D - Mining Plan 6 Colorado Division of Minerals & Geology Regular Impact[112] Construction Material Permit Sand Land, Inc. - Kurtz Resource Recovery & Development Project -January 1999 TABLE D-1 EARTH PRODUCTS PRODUCT CON SAND 3/4 WR CL 67 CL 57 1-1/2 WR 3/8 PEA 3/8 CHIP 3/8 MINUS SQUEEGE 1/4 CHIP 1/16 CHIP 1-1/2 DR 1/4 DR 3/4 RB CL A-FIL 1/2 WR 8 ROCK 1-1/2 RB 1-1/2 DR RK PIPE BED CL B-FIL 7/8 GP RK 3/4 MINUS 3/4 DR RK CON MIX 2-5 COB 1-5 COB MUD JACK DR CHIP 3/4 CRUSH 5/16 PEA CL 1 SF FILL DIRT STS W/C STS USTS SILT BED SAND WICK SAND DR SAND PIT RUN CLAY SALT-SAND 3/8 GP GR DRN SAND Other... Exhibit E - Reclamation Plan 6.4.5 1) In preparing the Reclamation Plan, the Operator/Applicant should be specific in terms of addressing such items as final grading(including drainage), seeding,fertilizing, revegetation (trees, shrubs, etc.), and topsoiling. Operators/Applicants are encouraged to allow flexibility in their plans by committing themselves to ranges of numbers(e.g., 6"-12" of topsoil) rather than specific figures. Acknowledged. Rule 6.4.5(1) is an advisory statement, the particulars of which are provided for, below. 2) The Reclamation Plan shall include provisions for, or satisfactory explanation of all general requirements for the type of reclamation proposed to be implemented by the Operator/Applicant. Reclamation shall be required on all affected land. The Reclamation Plans shall include: a) A description of the type(s)of reclamation the Operator/Applicant proposes to achieve in the reclamation of the affected land, why each was chosen, the amount of acreage accorded to each, and a general discussion of methods of reclamation as related to the mechanics of earthmoving; MISSION STATEMENT: Utilizing Resource Recovery of Sand and Gravel as a Method of Conservation to Establish a Foundation for Multiple End-Use De- fragmented Development of the Property over Time. Subdivisions are being established in Colorado where residential properties have increasingly large footprints, surrounded by an equally grand yard of bluegrass. While Kentucky bluegrass is native to Colorado by some accounts,never-the-less,it remains a monoculture of water demanding suburban yard art that fragments the local ecology of rivers and upland areas. While mankind can and must find a means to cohabitat with other species,before mankind is itself threatened, it is unreasonable to expect humans to forsake themselves and become grazers. The majority of sand, gravel and other earth products support residential infrastructure. Underlying earth resources are too often squandered when development occurs in advance of resource extraction. When extraction can occur in advance of development,the resource is `recovered' to benefit inevitable and unrelenting human habitat and infrastructure expansion,while providing a buffer to the very impacts it serves. Hence, the Kurtz Resource Recovery and Land Development Project. Residential,commercial,and industrial development will eventually be inspired on this property by the development of surrounding properties over time. Regardless,reclamation at the location is geared to lay a foundation that will capture both short and long term multiple-end use benefits that will complement the dynamic mix of surrounding land uses. Specific Reclamation Goals and Methods: Reclamation and revegetation will return the site to a stable base of vegetation amenable to general agriculture uses that remain compatible with the location and to the surrounding lands. Table E-1: Revegetation Seed Mixture, is designed to place a great deal of genetic potential over new soils. This will aid in potential establishment of grasses native to Colorado. Additionally, the mixture is designed to vary the height, form,color and function of each species. For example,the blues of the sheep grass to the autumn red hues of the bluestems, combined with the other colors,varying heights, shapes and densities of different 1 EXHIBIT E - Reclamation Plan Colorado Division of Mineral s & Geology Regular Impact[112] Construction Material Permit Sand Land, Inc. - Kurtz Resource Recovery & Development Project - January 1999 Exhibit E - Reclamation Plan grasses, adds contrast and function that pleases the eye, is palatable to livestock, yet rejuvinates the local ecology to provide improved cover and habitat to area wildlife . As indicated in Exhibit H: Wildlife Information, the Division of Wildlife rightfully describes the desirable establishment of irregularities, and the use of trees, shrubs, and forbs,while preserving existing mature cottonwoods; all of which will be attempted under this proposal, or will otherwise assure the foundation for such enhancement. For example: The basin irregularities will be provided for,both by direct concurrent grading,post mine landform grading and establishment, and use of fill from excess overburden and reject fines from the operations. However,creation of islands is dependent upon site geology. The 40±foot depth of extraction is an approximate limit,but too deep for islands. Shallower locations due to variations in site geology may allow for the creation of islands or other shoreline features through the placement of fill. Due to the unpredictable nature of the anticipated geology [actual depth of material and type will vary-extraction and pond depths are approximated typical maximum extents] and other factors,it is a near misrepresentation to forecast the final appearance of the ponds, as it creates an unrealistic expectation in a regulated environment on the minds of various regulating agents,the general public, and on operations. Simultaneously, setting false expectations about the final appearance of the ponds,beyond that already portrayed, will drain flexibility from operations essential to the creation of more desirable effects,while simultaneously exerting pressure for needless and on- going revisions to the permit. It should be remembered that the Annual Report to the DMG will provide a graphic record of this effort. Since the pace occurs over a period of up to three decades, there is ample time for reflection and analysis of the effort. Time and timing will also come into play respective of materials to be used as fill. The utilization of fill is dependent upon the space available for deposition over completed areas of extraction in relation to the rate of creation of reject fines and overburden. Other influences will be the attending space for stockpiling,uses, or market conditions for fill material. Some locations will be more advantageous to fill at a given point in time than others,and the attending circumstances cannot be reasonably anticipated. The random nature of this limitation will actually aid in furthering the establishment of random non-geometric patterns of the finished ponds. Exhibit F-Reclamation Plan Map represents the regulated base for which reclamation must be judged as adequate for release. At the very least,the basins delineated under Exhibit F- Reclamation Plan Map,provide adequate shoreline irregularity and slopes in conformance with existing statutory requirements. Anything more is a bonus, for everyone, and every opportunity will be made to take advantage of it, as stated above. Since the creation of aesthetic effects,edge effect, and other natural landforms,remain subjective and empirical, the stated intentions and any resulting efforts to achieve such effects,beyond those identified in the approved seed mixture and as portrayed in Exhibit F- Reclamation Plan Map, should not be held against the operation.. Regardless, a reasonable and conscientious effort to perfect the same will be made and documented over time. Finally, while forbs, shrubs and trees are not included as part of the reclamation, it is left to the discretion of the landowner during final development of the property to enhance the multiple end- use of the property. The grasses will provide a stable foundation for later enhancements. The enhancements will improve the value of the property for later development, acting as an economic incentive for further enhancement. While development beyond continued general agriculture 2 EXHIBIT E - Reclamation Plan Colorado Division of Minerals & Geology Regular Impact [112] Construction Material Permit Sand Land, Inc. - Kurtz Resource Recovery & Development Project -January 1999 Exhibit E - Reclamation Plan cannot be fully determined or provided for at this time,the trend toward residential,commercial and industrial development is already evidencing itself on surrounding lands. What ever long-term development occurs at the location, and on surrounding lands,resource recovery and attending reclamation at this location will tend to direct human densities away from St. Vrain Creek. The reduced densities will produce direct and indirect long term wildlife benefits and diverse multiple end-use potentials involving inherent wetland development, water resources development,water fowl improvement, and other desirable effects. The long term worth of this effect will serve to increase the value of the location, the increasingly urbanized mix of the surrounding lands, and the Town of Firestone's trail system that bisects the location over the former Union Pacific RailRoad bed. The final acreage of land remaining for development,to surface acres of resulting ponds, is illustrated on the following Exhibit F- Reclamation Plan Map. Exhibit D-Mining Plan,details the manner and method of earth moving and post resource recovery land form establishment. The size of the resulting basins is a function of area geology and available resource relative to man-made obstructions, including other regulations,that serve to prohibit a greater linkage. b) A comparison of the proposed post-mining land use to other land uses in the vicinity and to adopted state and local land use plans and programs. In those instances where the post-mining land use is for industrial, residential, or commercial purposes and such use is not reasonably assured, a plan for revegetation shall be submitted. Appropriate evidence supporting such reasonable assurance shall be submitted; Uses: Surrounding and location lands are predominantly irrigated croplands, however, diverse residential,commercial and industrial uses are increasing along lands surrounding the location. For example, a commercial log mill is located immediately North of the location. The Town of Mead has annexed land, and built a subdivision approximately 1.5±miles due West of the location. Other residences are approximately one quarter mile away in any direction. Highway 66 is becoming a major route between the towns of Loveland, Platteville, and surrounding communities, and links the increasingly congested transportation corridors of U.S. Highway 85 and Interstate 25. Table E-1: Revegetation Seed Mixture,combines an elegant mingling of native grasses of diverse height, form,color and function, to assure that the reclaimed site can provide for a multiple-use benefit. Should post resource recovery land development be deferred,or even negated, all affected land remaining above the anticipated final water level of the resulting ponds will be stabilized with a diverse and durable cover of predominantly native grasses. This is compatible with, and an improvement over, adjacent pasture lands located in the St. Vrain Creek flood plain,and area monocultures of bluegrass and cropped land. Combined with the creation of waterfowl habitat, the baseline reclamation plan provided for under this submittal will provide less fragmenting of the area ecology than what may otherwise transpire. As such,the operation will result in immediate and prolonged positive impacts to the area. c) A description of how the Reclamation Plan will be implemented to meet each applicable requirement of Section 3.1; BEGIN 3.1 3 EXHIBIT E- Reclamation Plan Colorado Division of Minerals & Geology Regular Impact [112] Construction Material Permit Sand Land, Inc. - Kurtz Resource Recovery & Development Project -January 1999 Exhibit E - Reclamation Plan 3.1.1:Establishing Post-Mining Use 1) In consultation with the Landowner, where possible, and subject to the approval of the Board or Office, the Operator shall choose how the affected lands shall be reclaimed. These decisions can be for forest, range, crop, horticultural, homesite, recreational, industrial, or other uses, including food, shelter and ground cover for wildlife. The operator, as landowner, has chosen to reclaim the land in a manner that will facilitate future residential,commercial or industrial development,or combination thereof, over the lands remaining above water level. The locations are above the flood plain of St. Vrain Creek,and consistent with suburban development less than two miles away to the West, by the town of Mead. Since higher end-use development cannot be assured,the reclamation of the site to native grass will return the land to a stable configuration compatible with continued general agricultural uses on the existing and surrounding lands 2) The results of these decisions shall be formulated into a Reclamation Plan, as specified in Subsections 6.3.4 or 6.4.5, as required for the size and type of operation. Acknowledged. 3.1.2:Reclaiming Substituted Land Reclamation shall be required on all the affected land except that the Operator may substitute land previously mined and owned by the Operator but not otherwise subject to the Mined Land Reclamation Act, or the Operator may reclaim an equal number of acres of any land previously mined, but not owned by the Operator, if the Operator has not previously abandoned unreclaimed mining lands. Such exchanges can be done only with the approval of the Board and the Owner of the land to be reclaimed. Acknowledged. 3.1.3:Time Limit and Phased Reclamation All reclamation shall be carried to completion by the Operator with all reasonable diligence, and each phase of reclamation shall be completed within five(5)years from the date the Operator informs the Board or Office that such phase has commenced, unless extended by the Board or Office. The 5-year period may be applied separately to each phase as it is commenced throughout the life of the mine. Acknowledged. 3.1.4:Public Use On lands owned by the Operator, the Operator may permit the public to use the same for recreational purposes, in accordance with the Limited Landowner Liability Law contained in Article 41 of Title 33, C.R.S. 1984, as amended, except in areas where such use is found by the Operator to be hazardous or objectionable. Acknowledged. 3.1.5:Reclamation Measures - Materials Handling 4 EXHIBIT E - Reclamation Plan Colorado Division of Mineral s& Geology Regular Impact[112] Construction Material Permit Sand Land, Inc. - Kurtz Resource Recovery & Development Project -January 1999 Exhibit E - Reclamation Plan The Operator shall set forth the measures that will be taken to meet all the following requirements: 1) Grading shall be carried on so as to create a final topography appropriate to the final land use selected in the Reclamation Plan. The existing topography is a near table top. Resource recovery will create depressions in the near level topography,consistent with multiple end use potentials, and complementary to defragmented residential, commercial and industrial post resource recovery development. 2) When backfilling is part of the plan, the Operator shall replace overburden and waste materials in the mined area and shall ensure adequate compaction for stability and to prevent leaching of toxic or acid-forming materials. There are no toxic or acid-forming materials known or expected at the location. All other aspects of material handing will be consistent with this Rule. Additional information on material handling is detailed under Exhibit D-Mining Plan, and Exhibit I- Soils Information. 3) All grading shall be done in a manner to control erosion and siltation of the affected lands, to protect areas outside the affected land from slides and other damage. If not eliminated, all highwalls shall be stabilized. Acknowledged. Refer to Exhibit D -Mining Plan and Exhibit I- Soils Information. 4) All backfilling and grading shall be completed as soon as feasible after the mining process. The Operator shall establish reasonable timetables consistent with good mining and reclamation procedures. Grading and backfilling will be concurrent with extraction. Refer to Exhibit D-Mining Plan and Exhibit I- Soils Information. 15) All refuse and acid-forming or toxic producing materials that have been mined shall be handled and disposed of in a manner that will control unsightliness and protect the drainage system rom pollution. There are no known or expected acid forming or toxic producing materials or refuse at this location. Any other refuse will be disposed of in closed containers and taken to an appropriate landfill for disposal, unless it is `inert, per 3.1.5(9), below. 6) Any drill or auger holes that are part of the mining operation shall be plugged with non- combustible material, which shall prevent harmful or polluting drainage. Adits and shafts should be closed, and where practicable, backfilled and graded in a manner consistent with the post mine land use and shall comply with the provisions of the Act, Construction Material Rules and Regulations. Acknowledged. 7) Maximum slopes and slope combinations shall be compatible with the configuration of surrounding conditions and selected land use. In all cases where a lake or pond is produced as a portion of the Reclamation Plan, all slopes, unless otherwise approved by the Board or Office, 5 EXHIBIT E - Reclamation Plan Colorado Division of Mineral.s & Geology Regular Impact [1121 Construction Material Permit Sand Land, Inc. - Kurtz Resource Recovery & Development Project -January 1999 Exhibit E - Reclamation Plan shall be no steeper than a ratio of 2:1 (horizontal to vertical ratio), except from 5 feet above to 10 feet below the expected water line where slopes shall be not steeper than 3:1. If a swimming area is proposed as a portion of the Reclamation Plan, the slope, unless otherwise approved by the Board or Once shall be no steeper than 5:1 throughout the area proposed for swimming, and a slope no steeper than 2:1 elsewhere in the pond. The operation will conform to this Rule. 8) If the Operator's choice of reclamation is for agricultural or horticultural crops which normally require the use of farm equipment, the Operator shall grade so that the area can be traversed with farm machinery. The operation will conform to this Rule. 9) An Operator may backfill structural fill material generated within the MLRB permitted area into an excavated pit within the permit area as provided for in the MLRB Permit. If an Operator intends to backfill inert structural fill generated outside of the approved permit area, it is the Operator's responsibility to provide the Office notice of any proposed backfill activity not identified in the approved Reclamation Plan. If the Office does not respond to the Operator's notice within thirty(30)days after receipt of such Notice by the Office, the Operator may proceed in accordance with the provisions of this Rule. The Operator shall maintain a Financial Warranty at all times adequate to cover the cost to stabilize and cover any exposed backfilled material. The Notice to the Office shall include but is not limited to: a) a narrative that describes the approximate location of the proposed activity; A plan for backfilling portions of the site with inert material or structural fill,will be submitted to the DMG under this Rule,by separate cover,at the appropriate time, and prior to such use. b) the approximate volume of inert material to be backfilled; Not applicable at the time of this submittal. c) a signed affidavit certifying that the material is clean and inert, as defined in Rule 1.1(20); Not applicable at the time of this submittal. d) the approximate dates the proposed activity will commence and end, however, such dates shall not be an enforceable condition; Not applicable at the time of this submittal. e) an explanation of how the backfilled site will result in a post-mining configuration that is compatible with the approved post-mining land use; and Not applicable at the time of this submittal. ) a general engineering plan stating how the material will be placed and stabilized in a manner to avoid unacceptable settling and voids. If 6 EXHIBIT E- Reclamation Plan Colorado Division of Minerals & Geology Regular Impact [112] Construction Material Permit Sand Land, Inc. - Kurtz Resource Recovery & Development Project -January 1999 Exhibit E - Reclamation Plan Not applicable at the time of this submittal. 10) All mined material to be disposed of within the affected area must be handled in such a manner so as to prevent any unauthorized release of pollutants to the surface drainage system. Acknowledged. Refer to Exhibit D- Mining Plan and Exhibit I- Soils Information. 11) No unauthorized release of pollutants to groundwater shall occur from any materials mined, handled or disposed of within the permit area. An appropriate Stormwater Management Plan is in place and available upon request. 3.1.6:Water - General Requirements 1. Hydrology and Water Quality: Disturbances to the prevailing hydrologic balance of the affected land and of the surrounding area and to the quantity or quality of the affected land and of the surrounding area and to the quantity of quality of water in surface and groundwater systems both during and after the mining operation and during reclamation shall be minimized by measures, including, but not limited to: Acknowledged. The operation will result in ponds. a) compliance with applicable Colorado water laws and regulations governing injury to existing water rights; The applicant has filed for a temporary substitute supply plan [a.k.a., augmentation plan] from the Colorado Division of Water Resources-Office of the State Engineer. Additional information is available upon request. b) compliance with applicable federal and Colorado water quality laws and regulations, including statewide water quality standards and site-specific classifications and standards adopted by the Water Quality Control Commission; The operation has submitted an application to the Colorado Dept. of Health for a Stormwater and Processing Permit, and has a Storm Water Management Plan in place. Additional information is available upon request. c) compliance with applicable federal and Colorado dredge and fill requirements;and The operation is under review by the U.S. Dept. of Army - Corps of Engineers. There are no plans to affect wetlands, waters of the United States,or the banks or bed of St. Vrain Creek under this proposal. An evaluation of these concerns is included in the report by Savage and Savage, Inc. in Exhibit G-Water Information. d) removing temporary or large siltation structures from drainways after disturbed areas are revegetated and stabilized, if required by the Reclamation Plan. This concern is not anticipated under this proposal. 7 EXHIBIT E - Reclamation Plan Colorado Division of Minerals& Geology Regular Impact [1.12] Construction Material Permit Sand Land, Inc. - Kurtz Resource Recovery & Development Project -January 1999 Exhibit E - Reclamation Plan 2) Earth dams, if necessary to impound water, may be constructed if the formation of such impoundments will not damage adjoining property or conflict with water pollution laws, rules or regulations of the federal government, the state of Colorado or with any local government pollution ordinances. Earth dams are not anticipated under this proposal. 3) All surface areas of the affected land, including spoil piles, shall be stabilized and protected so as to effectively control erosion. Please refer to the soil stabilization and management plan under Exhibit I- Soils Information. 3.1.7:Groundwater - Specific Requirements. The quality of groundwater will not be adversely impacted by this operation. Issues concerning depletion will be addressed in a temporary substitute supply plan with the Colorado Office of the State Engineer,Division of Water Resources. As such, no Rule for Rule reply appears warranted under Section 3.1.7. END - 3.1 Resume 6.4.5 d) Where applicable,plans for topsoil segregation,preservation, and replacement;for stabilization, compaction, and grading of spoil;and for revegetation. The revegetation plan shall contain a list of the preferred species of grass, legumes,forbs, shrubs or trees to be planted, the method and rates of seeding and planting, the estimated availability of viable seeds in sufficient quantities of the species proposed to be used, and the proposed time of seeding and planting; Soil salvage,preservation and replacement are detailed under Exhibit D-Mining Plan and Exhibit I - Soils Information. Revegetation will utilize the grass mixture specified under Table E-I: Revegetation Seed Mixture. Forbs, shrubs and trees are not included as the primary goal is to stabilize the site for general agriculture and for future residential,commercial and industrial development. The seed mixture will serve to complement the existing ecosystems and future ponds,without conflicting with the goals of development that may introduce a different mix of forbs, shrubs and trees than a wildland planting would require. e) A plan or schedule indicating how and when reclamation will be implemented. Such plan or schedule shall not be tied to any specific date but shall be tied to implementation or completion of different stages of the mining operation as described in Subparagraph 6.4.4(1)(e). The plan or schedule shall include: i) An estimate of the periods of time which will be required for the various stages or phases of reclamation; ii) A description of the size and location of each area to be reclaimed during each phase;and iii) An outline of the sequence in which each stage or phase of reclamation will be carried out. (The schedule need not be separate and distinct from the Reclamation Plan, but may be incorporated therein.) 8 EXHIBIT E - Reclamation Plan Colorado Division of Minerals& Geology Regular Impact [1121 Construction Material Permit Sand Land, Inc. - Kurtz Resource Recovery &Development Project -January 1999 Exhibit E - Reclamation Plan Reclamation follows over the shoulder with extraction activities. In general, it is to the advantage of the operator to reclaim and release affected lands along the perimeters of existing ponds to reduce reclamation and warranty expenditures and speed overall site recovery and development,in conformance with the limitations specified under Exhibit L -Reclamation Costs, or as modified. The location and approximate size of each resulting pond and attending shoreline is detailed on Exhibit F- Reclamation Plan Map. The operation is mined and reclaimed concurrently, as detailed on Exhibit C-2: Mining Plan Map and Exhibit D-Mining Plan. Four ponds will result in extracted basins at IV, V, VI and II, respectively. The Settling Pond(s), Wash Pond, and III, will be revegetated to the approximate original contours. f) A description of each of the following: i) Final grading -specify maximum anticipated slope gradient or expected ranges thereof; ii) Seeding - specify types, mixtures, quantities, and expected time(s) of seeding and planting; iii) Fertilization - if applicable, specify types, mixtures, quantities and time of application; iv) Revegetation - specify types of trees, shrubs, etc., quantities, size and location;and v) Topsoiling- specify anticipated minimum depth or range of depths for those areas where topsoil will be replaced. i. Final grading will be at 3h:ly or flatter, except as provided for under Rule 3.1.5(7), above, and as indicated under Exhibit D-Mining Plan. ii. Refer to Table E-1: Revegetation Seed Mixture. iii. Actual fertilizer rates will be based upon soil tests taken at the time of reapplication of salvaged soil to affected lands remaining above water level. Refer to Exhibit I- Soils Information. Regardless, a theoretical rate is included under Exhibit L-Reclamation Cost Estimate, for that purpose. iv. The site will be reseeded and stabilized with native grasses,pending residential, commercial and industrial development of the post resource recovery site. v. Please refer to Exhibit D -Mining Plan and Exhibit I- Soils Information. Mean resoiling depth is six inches. 9 EXHIBIT E- Reclamation Plan Colorado Division of Minerals & Geology Regular Impact [112] Construction Material Permit Sand Land, Inc. - Kurtz Resource Recovery &Development Project -January 1999 cr a. oeT c CA n m g � g g 8 �X U. w ili <ii. ; • 4 ° n ` - Cr tri 1• ° rc 0 N oG CD I ...< 7 roggvn -3ggvng Nit 7d ° N rn o ."ti w co ��vyy� b G1 0 > n' o o y ., a PO G y y ° O O O a C p. es G a 7 5 2 R° O E l C' a• C C ppc,� �. cwi P`� o w - 7 a FS 0, ^ o o . G O w x g G o 03 x7 woo CO w b - CD xg 5 A. y co ° 8 0 �• y,oct 5. t to O. Ii R ag V O. y � � 'd • • E °o ''17 05 Itt a r• n. n •+ a El C G a .a H O G. 7 N w '" �! 3 n) 'o E --, o — 1° ,n n oa S C C Sit . Y 141 Ts A Q '0Ln Art ri Cw �o g < I r. g w ri et st 0 ZIA E. 0 0 0 0 0 1' - N N .— r '- NUUODUOU 'E{ at¢ O 441* n ,r O I 4w w OOOOOOt•a - 000 .i6'%N; Li .- OO — U �1N0 aer, ' it N in Exhibit F - Reclamation Plan Map 6.4.6 The map(s)of the proposed affected land, by all phases of the total scope of the mining operation, shall indicate the following: a) The expected physical appearance of the area of the affected land, correlated to the proposed mining and reclamation timetables. The map must show proposed topography of the area with contour lines of sufficient detail to portray the direction and rate of slope of all reclaimed lands:and Extraction will result in the creation of ponds with 3h:lv slopes or flatter from 5.0±above to 10.0±feet below the anticipated water level of the ponds. At 10±feet, or greater,below the anticipated water level of the ponds, slopes will be established at 2h:ly, or flatter. Pond depths are generalized to the maximum anticipated depth,but will vary according to anomalies of site geology. Contour lines were not provided on pond shorelines beyond the general description, since variations in site geology will produce corresponding variations in pond depth and shape. Combined with other reclamation efforts [refer to Exhibit E: Reclamation Plan], final pond contours will take on an appearance potentially different than that portrayed,but in general,not beyond the typical limits indicated. Ponds will be established in IV, V, VI, and II. The Settling Pond(s), Wash Pond {I}, and III, will be revegetated at approximate original contours. Weld County Road 17 is proposed to be relocated to the area shown for purposes of improved safety to the traveling public, and to area residents on Section 28, since the road can be curved to extend away from the present structures. b) Portrayal of the proposed final land use for each portion of the affected lands. As indicated in Exhibit E-Reclamation Plan,the balance of affected lands remaining above water will be stabilized with vegetation and returned to general agriculture until residential,commercial, or industrial development occurs. EXHIBIT F- Reclamation Plan Map 1 Colorado Division of Mineral s&Geology Regular Impact [112] Construction Material Permit Sand Land,Inc. - Kurtz Resource Recovery &Development Project -January 1999 Exhibit G - Water Information 6.4. 7 I) If the operation is not expected to directly affect surface or groundwater systems, a statement of that expectation shall be submitted. While the operation does not intend to directly affect any surface waters under the present proposal, groundwater will be exposed by resource recovery operations. Ground waters will be pumped during extraction activities and returned to the system. Subsequent to extraction,pumps will be removed and the resulting basin will fill to groundwater level [apx. 5.0±to 10.0±ft. from the present day surface over the majority of the upland terrace and 1.0±to 2.0±feet and greater over the wetland and pasture land of the lower terrace, where applicable]. A substitute water supply plan for purposes of augmenting evaporative loss of exposed groundwater is under development in cooperation with the Colorado Division of Water Resources, Office of the State Engineer [refer to correspondence from the Office of the State Engineer of 22 January 1999, following]. Additional information concerning this submittal is available upon request. 2) If the operation is expected to directly affect surface or groundwater systems, the Operator/Applicant shall: a) Locate on the map(in Exhibit C)tributary water courses, wells, springs, stock water ponds, reservoirs, and ditches on the affected land and on adjacent lands where such structures may be affected by the proposed mining operations; These features are visible on the attending aerial photograph on Exhibit C-1: Pre-Mining Plan Map. Also identified are potential wetlands and waters of the United States, as delineated by Savage and Savage, Inc., whose report follows. b) Identify all known aquifers; and There are no aquifers known to us at the time of this submittal. c) Submit a brief statement or plan showing how water from dewatering operations or from runoff from disturbed areas,piled material and operating surfaces will be managed to protect against pollution of either surface or groundwater(and where applicable, control pollution in a manner that is consistent with water quality discharge permits), both during and after the operation. A copy of the Process Water and Storm Water Discharge Permit Application and Management Plan, as required or otherwise submitted to the Colorado Department of Public Health and Environment-Water Quality Control Division,follows. As indicated under Exhibit D -Mining Plan: Precedent to extraction activities,a basin will be extracted in the NorthWest corner of Section 28 {I}, to function as recycling wash water and receiving basin for reject fines for the intended Plant/Processing activities {II and III}. Since the basin will need to be excavated in a dry state,the site {I} will need to be dewatered. Up to two settling basins will be established on Section 29 to facilitate clean water discharge under an approved Colorado Department of Health Storm Water/Process Water Discharge Permit. Since the settling ponds are essentially smaller,they can be excavated wet and avoid potential discharge of suspended solids since there is a EXHIBIT G-Water Information 1 Colorado Division of Minerals& Geology Regular Impact [1.12] Construction Material Permit Sand Land,Inc. - Kurtz Resource Recovery &Development Project - January 1999 Exhibit G - Water Information chicken and the egg problem of creating yet another settling basin for a settling basin. Regardless, once the settling basins are established, the wash pond {I) can be created. Once established, the settling basins will only be needed when cleaning out the wash pond solids for use as fill,product, or use as a soil/soil amendment. Otherwise, it is the intent to recycle wash pond water as a closed system. Except for minor and temporary anomalies, slopes resulting from extraction activities will be established by concurrent grading to 3h:ly, although initial extraction may result in temporary slopes up to lh:lv until backfilled with shale, overburden and soil. The majority of resulting slopes will drain internally into the future pond basin and are not anticipated to result in any off-site impacts due to erosion or stormwater runoff. The gentle to flat topography of the native site tends to aid in overall stability above the planned areas of extraction. While some erosion of mined slopes will be evident subsequent to extraction, over the shoulder soil placement and revegetation(delineated under Exhibit E-Reclamation Plan)will provide cover for both near and long term stability of affected lands remaining above water level of the finished ponds. 3) The Operator/Applicant shall provide an estimate of the project water requirements including flow rates and annual volumes for the development, mining and reclamation phases of the project. Water use of the plant site will utilize approximately 4,000.0±gal./min./day for dust suppression of processing activities. The wash pond will provide 500,000.0±gal. continuously, with a net loss of approximately 4% to 2,000.0±tons average of processed material per day of operation. 4) The Operator/Applicant shall indicate the projected amount from each of the sources of water to supply the project water requirements for the mining operation and reclamation. An abundant right to water is available,comprised of three shares of the Last Chance Ditch. Information will be provided to the Colorado Division of Water Resources -Office of the State Engineer in the substitute water supply plan. 5) The Operator/Applicant shall affirmatively state that the Operator/Applicant has acquired(or has applied for)a national Pollutant Discharge Elimination System(NPDES)permit from the Water Quality Control Division at the Colorado Department of Health, if necessary. A copy of the Process Water and Storm Water Discharge Permit Application and Management Plan, as required or otherwise submitted to the Colorado Department of Public Health and Environment-Water Quality Control Division,follows. EXHIBIT G-Water Information 2 Colorado Division of Minerals & Geology Regular Impact [112] Construction Material Permit Sand Land, Inc. - Kurtz Resource Recovery & Development Project -January 1999 JAN-22-1999 10.09 DIU WATER RESOURCES 303 866 3589 P.02/02 STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street,Room 818 January 22, 1999 - "�2 Denver,Colorado 80203 Phone(303)866-3581 w• en• fAX(303)866-3559 MEMORANDUM Roy n Governorcrnor James S.Lochhead From: Bill McIntyre, Water Resource Engineer Executive Di rector Mal a Simpson To: Bran Janes, Varra Companies Sure Engineer Subj: Gravel Pit Substitute Water Supply Plan for Kurtz Ranch 1. The following comments are intended to assist in completing the submittal of the above referenced proposed gravel pit operation. The February 1996 draft guidelines for sand and gravel pit substitute water supply plans were used to generate the needed items. A filing fee of$1343 is required Estimation of depletions from project pit operations and exposed groundwater Estimation of stream monthly depletions resulting from the pit operations in comparison to historic use of the replacement water Evaluation of historic native vegetation consumptive use if a credit is to be applied Estimation of historic consumptive use of crops for water to be changed to replacement purposes or identification of other replacement water such as reservoir storage, nontributory water or transbasin water Determine firm yield (dry year) of transferred Last Chance Ditch Company shares (3 shares). Document extent of land to be removed from irrigation for those lands associated with the above referenced 3 shares. Provide detailed accounting of estimated monthly depletions and accretions to the stream system resulting from the replacement water. Hopefully, the above list will assist in completing the required submittal materials. Please call me should you have further comments or questions. Bjanespit.doc TOTAL P.02 44dter Mono .@ ago o� c , 1gg9 3arutylV Sand LOrds PRET:ACE: This Storm Water Management Plan applies to all existing and future sites as specified [or later revised] in Table#1, below. This Plan supersedes all previous Plans and is effective commencing 1 January 1999, and as subsequently revised. Any revisions to this Plan are effective per the date modified. Site specific variations and revisions to this Plan are effective per the date modified and made part of this Plan as Addendums, as specified in Table#1,below: Table#1 -Plan Locations: ADDENDUM *COG#: **DMG#: I SITE NAME I EXPIRATION DATE Pending Pending Kurtz Pending *** * COG = Colorado Department of Health storm and/or process water permit number. * * DMG = Colorado Division of Minerals & Geology - Office of Mined Land Reclamation. * ** This table will be amended, commencing with Addendum E, for any New COG Permits approved after 1 January 1999, and will be applied to this Plan, as described above and below, here- in, or as otherwise modified or revised. Where appropriate, the Plan is effective and applied retroactively, regardless of whether the site is identified in the Addendum, by permit, or otherwise, per the date of the DMG permit, for those locations where a COG Permit is determined as required after 15 December 1997., but was not applied for, or otherwise approved or established on-site at the time of the DMG permit, or by subsequent disturbance to permitted or unpermitted lands. I. SITE MAPS Current site maps are located in the Addendums and reflect: Sand Land. Inc. 2130 South 96th Street Broomfield, CO 80020 Telephone (303) 666-6657 FAX 666-6743 UNIVERSAL STORM WATER MANAGEMENT PLAN - 15 DECEMBER 1997 - Mining site boundaries. Access and haul roads. - Storm water outfalls and an outline of the drainage area of each storm water outfall. An estimate of the direction of flow. Materials handling areas - Each existing structural control measure to reduce pollutants in storm water runoff. - Areas used for storage or disposal of overburden,materials, soils or wastes. Areas used for mineral milling and processing. - Springs, streams, wetlands, and other surface waters. - Location of mine drainage or any other process water. - Boundary of tributary area that is subject to effluent limitations. - Date the map was prepared. II. DESCRIPTION OF POTENTIAL POLLUTANT SOURCES/MATERIAL The primary pollutant is sediment created by exposure and movement of materials. Secondary potential pollutants are fuel and oil leaked from traversing vehicles and heavy equipment. Minor spillage can occur at fueling locations and where fuel generated stationary equipment is utilized. The majority of stationary equipment is generated by electricity and is not considered a significant potential source of pollution. A tertiary source of pollutants is spent containers. III. STORM WATER QUALITY CONTROLS A. SWMP Administrator: -All duties for the management and control of storm water via this plan are delegated by and the responsibility of Christopher L. Varra,President- Sand Land,Inc. B. Materials Handling and Spill Prevention: - All materials are hauled to the processing plant internally and are not anticipated to breach the internal drainage of each site. Control of soil and overburden is detailed under part C, below. Stockpile material at the plant/processing location is deterred from exiting the site by its large size and surrounding topography/obstructions. Anticipated chemical pollution would be from minor leaks of diesel fuel, gasoline, or oils [lubricants, hydraulic fluids, crankcase oil]. Equipment leaks are checked daily and repairs ordered where leaks are observed. Repairs on heavy equipment are made inside a covered shop. Oil from all locations [including filters and oil changes] is recycled in a waste oil burner that is used to heat the shop at that location. Where noticeable leaks are observed on the ground, the material is removed by front end loader, brought to the refueling stations, and added to the internal berms. There are minor incidents of this kind. If larger spills occur,the material will be placed in covered leakproof containers and hauled to an appropriate landfill certified to dispose of contaminated soil/overburden. Absorbents are maintained at all refueling locations to attend to any incidental spills. Dikes or berms around fuel/oil tanks are intended to contain the maximum volume of the fuel/oil tank in the event of a rupture or spill. Tanks in flood plain locations are required by Weld County Government to be anchored in the event of flooding. 2 Sand Land, Inc. 2130 South 96th Street Broomfield, CO 80020 Telephone (303) 666-6657 FAX 666-6743 UNIVERSAL STORM WATER MANAGEMENT PLAN - 15 DECEMBER 1997 C. Erosion and Sediment Controls: - Sediment is controlled by perimeter ditches and roads that prevent escape of material due to storm water. Vegetation acts to buffer adjacent lands due to established set backs. Where barren outslopes [outfall(s)] exist, those areas will be stabilized with vegetation,mulch, or other traditional soil conservation measures or structures, including hay bales or other appropriate methods. If necessary,the upper portion of outslopes will be bermed or cut to divert upland overland flow away from the outslope, limiting it to the influences of direct precipitation. Primary concerns will be to control gully and rill erosion on outslope areas, and prevent the transportation or detached of material from exposed ground originating on internal portions of the site. Where road surfaces are compact, treatment of those areas will not be necessary since protection of off-site areas will not be significantly influenced due to the low level of detachment over these locations. Sediment laden waters flowing over roads will be directed back to internal portions of the site or onto vegetated buffers or waterways. Roads are relatively flat and do not support a significant watershed. Final stability of each site is secured subsequent to extraction operations as part of reclamation required by DMG. The majority of excavation causes storm water to drain internally. All grades will be established at 3h:ly or flatter and will be revegetated to predominantly native vegetation. Any resulting ponds will be self-contained and possibly lined. D. Testing for Non-Storm Water: - Unless directed by the Colorado Department of Health, Testing for Non-Storm Water is not required. Process water is tested according to the terms of each permit. IV. ADDENDUMS Any Site Specific variations to this Plan are provided in Addendums following this page [refer to Preface, above]. Sand Land, Inc. 3 2130 South 96th Street Broomfield, CO 80020 Telephone (303) 666-6657 FAX 666-6743 Savage and Savage practical solutions for environmental problems Land Restoration and Reclamation Services 464 West Sumac Court 303 666-7372 telephone Louisville, Colorado 80027-2227 303 665-6808 facsimile Transmittal To: Mr. Chris Varra Company: Varra Companies Address: 12910 WCR 13 City, State, Zip: Longmont, CO 80504 Phone: (303) 666-6657 Via: Priority Mail From: Michael Savage Company: Savage and Savage, Inc. Project: Kurtz Development Project; Wetlands, T&E Species Phone: (303) 666-7372 Fax: (303) 665-6808 Date: 12/21/98 9:56 AM Mountain Time Comments: Chris, enclosed is the final jurisdictional wetland delineation for the Kurtz Development Project. Also enclosed is a letter of concurrence with our request for disqualification for the Preble's meadow jumping mouse on your property in Section 28. With this concurrence, and the concurrence forwarded earlier regarding the Ute ladies-tresses orchid, Varra Companies has no obligations to conduct surveys for either of these species in Section 28. Please call with any questions. r VARRA COMPANIES KURTZ DEVELOPMENT PROJECT JURISDICTIONAL WETLAND DELINEATION AND "WATERS OF THE UNITED STATES" IDENTIFICATION AND MAPPING FIRESTONE, COLORADO Prepared by: Savage and Savage, Inc. 464 West Sumac Court Louisville, Co 80027 (303) 666-7372 telephone (303) 665-6808 fax December 1998 TABLE OF CONTENTS Pape EXECUTIVE SUMMARY 1. INTRODUCTION I. SITE CHARACTERISTICS 2. STUDY METHODS 4. RESULTS 5. SUMMARY AND CONCLUSIONS 6. LITERATURE CITED 7. APPENDIX 8. FIGURES 1. General Location Map 9. 2. Jurisdictional Wetland Boundaries, "Waters of the United States" map pocket and Jurisdictional Wetland Sample Point Locations EXECUTIVE SUMMARY A jurisdictional wetland delineation was conducted October 1, 2, 5 and November 11, 1998 by Savage and Savage within the boundaries of the proposed Kurtz Development project. The majority of jurisdictional wetlands were found within the northwest section of the property. A north-south ditch segment within the east quarter of the property was later identified as a jurisdictional wetland. The property was evaluated for the three criteria for jurisdictional wetlands; hydrophytic vegetation, hydric soils, and a hydrologic regime indicative of inundation or saturation. Jurisdictional wetlands were identified and mapped in five locations within the property. Jurisdictional wetlands and "waters of the United States" were identified within and adjacent to the Last Chance Ditch in the northeast quarter of Section 29, and within and along the north-south drainage ditch in Section 28. St. Vrain Creek flows from southwest to north within the property in Section 29, and is considered "waters of the United States", with jurisdictional wetlands along its banks. A farm pond adjacent to the abandoned railroad right-of-way and the Last Chance Ditch contains "waters of the United States" and jurisdictional wetlands along its edges, both inside and outside the pond embankment. Jurisdictional wetlands are also found in a mosaic throughout primary and secondary alluvial terraces above the St. Vrain in Section 29, and are expressed as wet meadows, predominantly associated with relict oxbows and microtopographic swales. INTRODUCTION { Savage and Savage was contracted by Varra Companies to delineate an area thought to contain jurisdictional wetlands within the boundaries of the Kurtz Development project. The area of interest is accessed by driving 3.9 miles east of Interstate 25 on Colorado Highway 66, turning south onto a farm road which forms the boundary between Sections 28 and 29. The Kurtz development is bounded on the north by Colorado Highway 66, the cast and south by farm roads, and the west by St. Vrain Creek. The property is located within the E' NE''A of Section 29 and the NW'/a and N1/2 SW of Section 28, T3N, R67W of the 6th prime meridian in Weld County, Colorado. The USGS 7.5 minute quadrangle "Gowanda" contains the area of interest. The latitude of the center of the area of interest is 40°11'57"N and the longitude of the center of the area is 104°54'00"W. The UTM coordinates for the center of the area are 4449700mN and 508480mE. The purpose of this delineation was to identify and map jurisdictional wetlands and "waters of the United States" within the area of interest in advance of final planning for mineral extraction and development of this area. The jurisdictional wetland delineation was conducted in conjunction with an assessment of habitat for the Preble's meadow jumping mouse and Ute ladies'-tresses orchid. Fieldwork was conducted October 1, 2, and 5, 1998 by Michael Savage of Savage and Savage and November 11, 1998 by Michael and Edith Savage of Savage and Savage. -1- SITE CHARACTERISTICS Topography and Geornorphic Features Within Section 29, the area of interest is contained within the primary and secondary alluvial terraces of St. Vrain Creek. These terraces are elevated from one to four feet above the ambient water level of St. Vrain Creek. Within the area surveyed, Ir' microtopographic differences exist which can be identified as relict oxbows or channels of St. Vrain Creek. The area surveyed also contains the Last Chance Ditch and a farm pond. The Last Chance Ditch flows from the eastern boundary of the area of interest through the property northwest until it intersects St. Vrain Creek north of the property boundary. The farm pond was constructed along the western edge of the tertiary alluvial terrace. The property within Section 28 is elevated approximately ten feet above the secondary alluvial terrace of St. Vrain Creek. This area can be considered a tertiary alluvial terrace of the St. Vrain drainage. The southern boundary of the property is the quaternary alluvial terrace which is further elevated (approximately six feet) above the tertiary terrace. Vegetation Vegetation within the primary and secondary alluvial terraces of Section 29 can be broadly categorized as riparian woodland, wet meadow, and upland. The area adjacent to St. Vrain Creek within the primary alluvial terrace was classified as riparian woodland. A tall (up to 30 m.) overstory of Populus deltoides (plains cottonwood) is the dominant vegetation. The understory is low and largely comprised of the cool season grass Poa pratensis (Kentucky bluegrass). This community is notable in the absence of a shrub understory, common in riparian woodlands of the Colorado east slope. Within the confines of the secondary alluvial terrace, both wet meadow and upland vegetation communities were identified. Wet meadow vegetation appeared predominantly in microtopographic swales (relict oxbows), below the embankment of the farm pond, and along the banks of the Last Chance Ditch. Vegetation of the wet meadows was characteristic of hydric conditions. The dominant plants of this vegetation community include a number of sedge species in the Carex, Cyperus, Schoenoplectus, and Scirpus genera, as well as the dominant rush species Juncus arcticus. Several grasses which prefer moist to wet conditions were found, including Horde=jubatum (meadow foxtail), and Distichlis spicata (saltgrass). Upland vegetation was found in topographically elevated areas of the secondary alluvial terrace. Vegetation within this type was represented by species found in mesic to semi- xeric conditions. As the entire area had been grazed, many of the species found in the upland community were introduced or weedy. Clumps of Rosa arkansana (wild rose) -2 were often found in this vegetation type. The dominant grasses included Pon pratensis (Kentucky bluegrass) and Agropyron smithii (western wheatgrass). Cirsium canadensis (Canada thistle), Carduus nutans (musk thistle), Melilotus offcinale (yellow sweetclover), and Tarantella) oulicinale (dandelion) were the most frequently observed forb species. The native vegetation of areas in Section 28 has been largely replaced by annual agricultural crops, including corn, sugar beets, and forage. Remaining native vegetation is restricted to small patches adjacent to irrigation ditches, and is comprised largely of Populus dcltoides individuals and Salix exigua clumps. Hydrology As evidenced by the significantly different vegetation communities, the hydrologic regime of the area of interest is largely determined by topography and elevation. Upland areas above the relict oxbows and topographic lows are dry, with no evidence of ponding or water retention. Within the microtopographic lows, there is standing water or evidence of standing water during the growing season. Below the farm pond, it appears that the embankment and/or bottom of the pond is porous, as the soils are saturated immediately below the embankment. The farm pond was holding water during the course of the field investigation. The Last Chance Ditch was flowing during the field investigation, as was St. Vrain Creek. The surface hydrology of the areas developed for agriculture in Section 28 has been altered. Based on the surrounding topography, it appears that historically, surface water drainages were present which drained the quaternary and tertiary alluvial terraces and traversed the lower alluvial terraces on their course to St. Vrain Creek. Evidence of these historical surface drainages can be observed in Sections 4, 5, 6, 32, and 33. These drainages may have been intercepted (as evidenced by the Lupton Bottom Ditch immediately below the tertiary alluvial terrace in Sections 5, 32, and 33), or modified and channelized (Last Chance Ditch and the ditch in Section 28). Soils Soils within the area of interest are representative of their genesis and topographic position. The Natural Resource Conservation Service (USDA, 1980) identifies five soil map units within the property. The primary alluvial terrace contains Bankard sandy loam soils. This soil is comprised of deep, somewhat excessively drained soils from recent alluvial sources. Bankard soils arc not listed as hydric in the national list of hydric soils (USACE, 1987). Soils of the secondary alluvial terrace and a portion of the tertiary terrace are considered aquolls and aquepts, formed from alluvial sources along bottomlands and floodplains. Aquoll and aquept soils are identified as hydric by definition (USA.CE, 1987). On the tertiary alluvial terrace, Altvan loam, flooded aquolls and aquepts, and Nunn clay loams are mapped. Altvan and Nunn series soils arc deep, well-drained soils formed in alluvial and/or eolian deposits. -3- ^ STUDY METHODS 1 Varra Companies provided Savage and Savage with a detailed aerial photograph which identified and located the arca of interest and adjacent surrounding areas. Upon arrival at the site, the study area boundaries were driven and walked, and the character of the area was established. After establishing the boundaries and reference points for mapping purposes, a jurisdictional wetland survey was conducted. The survey and delineation was conducted in accordance with the requirements of the Corps of Engineers Wetlands Delineation Manual (USACE, 1987). To determine the areas are subject to Corps jurisdiction, three criteria were evaluated: (1) evidence of a hydrologic regime reflecting saturation or periodic inundation by surface or ground water of sufficient duration and frequency, (2) soils which are considered hydric by classification or field characteristics indicating anaerobic conditions, and (3) a prevalence of vegetation typically adapted to areas of wetland hydrology and soils. At sixteen sample points within the property the three criteria were evaluated. Dominant individual plant species were identified, and their wetland indicator status was assessed at each sample point (USFWS, 1988). Evidence of the hydrologic regime at the sample point was collected and evaluated. A soil test pit was dug using a bucket auger to a depth of at least 18 inches. The soil horizons were inspected and described using texture, soil color (Munsell, 1992), and moisture. Observations were recorded on USACE approved data sheets, and are attached in the Appendix. Color photographs of several of the sample points and the area of interest were taken and arc being maintained in the permanent data file with the original field data sheets. Sample point locations were located through distance and bearing measurements to the established reference points. The perimeter of the jurisdictional wetland areas was established through distance and bearing measurements or survey transccts. "Waters of the United States" and jurisdictional wetland measurements and locations were transferred to the base aerial photograph using GIS and CAD techniques at Acklam Associates in Brighton, Colorado. Area measurements of the "waters of the United States" and jurisdictional wetlands were made using the GIS system. -4- RESULTS Jnrrsdretionai Wetlands Jurisdictional wetlands were identified and mapped in four locations in Section 29 and one location in Section 28. Jurisdictional wetlands were identified adjacent to the Last Chance Ditch, which traverses the area from east to northwest. A farm pond contained jurisdictional wetlands along its edges, both inside and outside the pond embankment. At the time of the survey, jurisdictional wetlands inside the pond embankment were inundated by "waters of the United States". Jurisdictional wetlands were also found in a mosaic throughout the study area, and were expressed as wet meadows, predominantly associated with relict oxbows and microtopographic swales. Jurisdictional wetlands were found along the banks of St. Vrain Creek, though this area was considered outside the potential area of disturbance for the purposes of this investigation. Within Section 28, the north-south drainage ditch was deduced to be a jurisdictional wetland by the Corps. Field investigations revealed that areas within the ditch met the requirements for designation as jurisdictional wetlands. The enclosed map illustrates the jurisdictional wetland boundaries, and "waters of the United States". The total area of jurisdictional wetlands within the property was 9.26 acres. Of this total, Section 29 jurisdictional wetlands accounted for 8.05 acres, with the wet meadows accounting for 5.73 acres, the farm pond comprising 0.95 acres, and the Last Chance Ditch contributing 1.37 acres. Within Section 28, the drainage ditch contained 1.21 acres of wetlands. Watots of die United Slates "Waters of the United States" were also identified within the area of interest. The Last Chance Ditch, while an irrigation ditch, is contained within a natural channel in this area, and as such comes under the jurisdiction of the Army Corps of Engineers. The farm pond contained standing water which was determined to be "waters of the United States". St. Vrain Creek and its associated marshes and backwater channels were identified as "waters of the United States", though the Varra Companies do not plan to disturb this area. The drainage ditch in Section 28 also contains "waters of the United States". Acreages of the waters arc included in the wetland areas identified above, as the waters within the property all contain submergent wetlands. -5- 1 . SUMMARY AND CONCLUSIONS A survey for jurisdictional wetlands and "waters of the Unites States" was conducted within the Kurtz Development Project site northeast of Firestone, Colorado on October 1, 2, 5, and November II , 1998. Areas which met the 1987 USACE Wetland Delineation Manual criteria for jurisdictional wetlands were identified, sampled, and mapped. Jurisdictional wetlands were found adjacent to the Last Chance Ditch, within and adjacent to a farm pond, and within microtopographic lows on the primary and secondary alluvial terraces above St. Vrain Creek and within a north-south drainage ditch in Section 28. "Waters of the United States" were identified within the Last Chance Ditch, the farm pond, St. Vrain Creek, and the drainage ditch. -6- LITERATURE CITED Kollmorgen Instruments Corp. 1992. Munsell° Soil Color Charts. Newburg, NY U.S. Army Corps of Engineers. 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1. Department of the Army, Waterways Experiment Station, Vicksburg, Mississippi U.S. Fish and Wildlife Service, 1988. National List of Plant Species That Occur in Wetlands: Central Plains (Region 5). U.S. Department of Interior, Fish and Wildlife Service Research and Development, Biological Report 88(26.5), Washington, D.C. U.S. Department of Agriculture, Soil Conservation Service. 1980. Soil Survey of Weld County, Colorado; Southern Part. -7- , ` JI I II 2 C—\ 1 ` �j---_�_� I y I )?m Qi .:\ `I�< mil weu/ ) l/; � o�� f1 ,I Zir' U III __,_,_______ .__i____ \-"II ± HJ /I _.1/ ._ / 11'- _\ 1 ., _ U52 OBUS r --)/// )..,,,,,___-_____N " - ell N. 1 n. 9n o _ 0 0 I )i / / p Nc— . 1 V 1, J 22 rc...--.--- i•; j �}��� all _ ._.� ��sl a)�� 1� ,-/j)iiNIW ii 1230J �^s 1t�,� � /11fil II Elk c . Go ands /'� $6' \ \`I ) , �:i i _...3.i470/_,"_.._, ., j ' I1M el 796 ��W� li. m 4707 Th.. 7 II / ,,111 (//� / 1 -. \ II i,L ;I J ` T ( r1 °%o ff / 11' - II I�I C o o l�—� u �I el;' • assol• SURVEY ARE JII611 i - 111 ,.j1 °00 fg .29:( ,L.-„I 7A 1o)93 , I -� _.. ,.. _ ,I 91 � j c 7 : d rip o Cl 4449 i _ __` C- ) 'N1 •Wirt"/LC ( ii IL J \ ,n823 S/ v I/ � J W a�zt Wain sch \\\`I General Location Map m Varra Companies � j oe• P Kurtz Development Project as ` 2 I. If 4809 FAS - USGS 7.5 Min. Quad "Gowanda"ll II °. 40"11'57"N, 104°54'00"W (area center) 'l ce i i N �'� I c, sc.. / t II 1: scale 1"=2000' oeo II t. — _ aea> r etlao - v_____�__HM "":"\../--- - V_n 1 0 • JJam--� a __ T.3 N. L //f, so f nears 1l ..a.O d ice'\ \ \--,\ — 11-" ( II I/ral DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) I . Project/Site: KuTZTZ D 'F],OPµat.tr PKOIaGT Date: p/1 /yx Applicant/Owner: vARRA COMPAta(HS County: _waL1) Investigator: µ.5- Shay;r- State: cowaA.op Do Normal Circumstances exist on the site? cNo Community ID: p,tW t C)tJt) Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID: Is the area a potential Problem Area? ' Yes No Plot ID: �7G (If needed, explain on reverse.) • VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. CO.teb Nk'tt'e 013. 9. 2. ¶VNR.�.. c lyp t�-. ji4'1?`P. r P.C VJ 10. 3. 0.M{,yll,r'i. h t1.{phl'S F11:{(P> V P1_. 11. 4. 12. 5. 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OUL, FACW or MC 4- (excluding FAC-1. 6,7 to Remarks: DI',i- INC 1— LOGO TO Itrg, lrpa(-,';1C, (',V,'P�L1. COY'.:1i 1'.,;f11"�"•J 1 _ • HYDROLOGY Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: _Stream, Lake, or Tide Gauge Primary Indicators: _Aerial Photographs _Inundated _Other Saturated in Upper 12 Inches No Recorded Data Available 7 ' Water Marks Drill Linos _Sediment Deposits Feld Observations: _Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Depth of Surface Water: X Oxidized Root Channel, in Upper 12 Inches _Water-Stained Leaves Depth to Free Water in Pit: 22 tl (in.) _Local Soil Survey Data FAC-Neutral Test Depth to Saturated Soil: NP� fin.) _Other (Explain in Remarks) Remarks: Rck vo QCCvrerrX tvl e,Fui Pri- ow/ 10 rtltWµl4� Cr SOILS Map Unit Name (Series and Phase): Drainage Class: _ Taxonomy (Subgroup): Field Observations -4.- • Confirm Mopped Type? Yes No Profile Description: Depth Matrix Color Mottle Colors Mottle finches} Horizon Muneell Moist) Texture, Concretions, f (Mtlnsell Moist) _ Abundance/Contrast Structure, etc. g V Z., uL s 4vc;1 A.! tt C LA`{ LflXNI.4 r 16 t7-J, r r r Hydric Soil Indicators: Histosol _Concretions Histic Epipedon _High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor _Organic Streaking in Sandy Soils Aquic Moisture Regime Listed on Local Hydric Soils List 4 Reducing Conditions Listed on National Hydric Soils List Gleyed or Low-Chrome Colors J�( Other(Explain in Remarks) Remarks: SAL.? ACCtlf�tVGA'((,G11 {P (?,f C. l-i"CIr WETLAND DETERMINATION . Hydrophytic Vegetation Present? (Yes: No (Circle) Wetland Hydrology Present? {"eO (Circle) Hydric Soils Present? Yes No /---��i � Is this Sampling Point Within a Wetland? l Yes No Remarks: 1;Z° PO11-IT I'S VI Srh>.>T . I Approved by HQUSACE 2i • I-i DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: KURT? Dtga.opµtj- P1zo c Date: _ 1O/i /qg Applicant%Owner: vA22A Com9A1,i . County: wttp Investigator: lq.5. SIaYA� state: _ C.OLotzA.1)Q Do Normal Circumstances exist on the site? i � No Community ID: rz.. Is the site significantly disturbed (Atypical Situation)? rl-�cr�r GF Ycs t s� Transact ID: Is the area a potential Problem Area? • Yes o Plot ID: a7z (If needed, explain on reverse.) .. . VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. AgYO Ye'vt 5wt•rlek-% 1M-42Z. (!1'l. 9._ 2. 1O. • 3. 11. 4, 12. 5. 13. 6. 14. 7. 15. a. 16. Percent of Dominant Species that are O8L. FACW or FAC (excluding FAC-). CAI Remarks: V4ilp r r-C:�C(� 0.4Aa I ke.41-f.rdem(&µ , d wC CCc,t 1 HYDROLOGY Recorded Date (Describe in Remarks): Wetland Hydrology Indicators: Stream. Lake, or Tide Gauge Primary Indicators: Aerial Photographs _Inundated Other Saturated in Upper 12 Inches No Recorded Data Available - Water Marks Drift Lines Sediment Deposits Field Observations: ( Drainage Patterns in Wetlands • / Secondary Indicator, (2 or more required): • Depth of Surface Water: t (in.) Oxidized Root Channels in Upper 12 Inches Water-Stained Leaves Depth to Free Water in Pit: h-l/i\ (in.) `Local Soil Survey Date FAC-Neutral Test Depth to Saturated Soil: N J i (in.) _Other (Explain in Remarks) Remarks: -- • SOILS Map Unit Name - • M . r • (Series and Phase): ' • Drainage Class: Taxonomy (Subgroup): • Field Observations ' Confirm Ma ppad Type? Yes No Profile Description: Depth Matrix Color Mottle Colors (inches) Horizon Mottle Texture, Concretions, (Mansell Moist) 1Mune ell Moist) Abundence/Contrast Structure, etc. [� s" 317_ Ngulr Wim�o-rh. t) st�ltii LoAfA, A[ ^f vc�C 8-zit Cf tpti R 4/A- Ho)✓t +t4C, MSC) MatST • Hydric Soil Indicators: NFJN[« Hiatosol -- _Concretions _Histic Epipedon _High Organic Content in Surface layer in Sandy Soils Sulfidic Odor _Organic Streaking in Sandy Soils Aquic Moisture Regime Listed on Local Hydric Reducing Conditions -- Soils List _OthListerd Eo National Hydric Soils List Cloyed or Low•Chroma Colors _Other(Explain in Remarks) Remarks: WETLAND DETERMINATION • Hydrophytic Vegetation Present? Yes No (Circle) Wetland Hydrology Present? Yes o (Circle) Hydric Soils Present? Yes 2, Is this Sampling Point Within a Wetland? Yes 'o Remarks: IxfrtON 292° n71 TO POI -it z • Approved by HGUSACE 2/ _l DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Kam? 1J Ja.Pµ0:141- PrZoNzor Date: _►Ol►/9c5 Applicant%Owner: vp,12.R6 C,OMPAN(1S County: well) Investigator: g A State: G4L417-P.bCm Do Normal Circumstances exist on the site? ) No Community ID: i� 1rArt Is the site significantly disturbed (Atypical Situation)? Yes iii - Transect ID: • Is the area a potential Problem Area? Yes .x?" Plot ID: Lt? (lf needed, explain on reverse.) VEGETATION •• Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. �1eC:GiAL--1`.• Spec(Q b µL]7.6 4t3>w _ 9. z. 10. 3. 11. 4. 12. 5. 13. 6. 14. 7. 15. a. 16. Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-I. 10�°Zp Remarks: Localized FttlCS/t oc ctee(Cv-v\e, 04A v.YloAtcl .14,vvct(S . HiQi, Irci.-0.A 1G rcypt,iLicll��. HYDROLOGY Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: t %/ Stream, Lake. or Tide Gauge Primary Indicators: _Aerial Photographs _Inundated Other Saturated in Upper 12 Inches _No Recorded Date Available —Water Marks Drift Lines Sediment Deposits Field Observations: Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Depth of Surface Water: 1J/A, (in.) Oxidized Root Channels in Upper 12 Inches Water-Stained Leaves Depth to Free Water in Pit: ri1j\ (in.) Local Soil Survey Data FAC-Noutral Test Depth to Saturated Soil: (in.) Other (Explain in Remarks) ) Remarks: • SOILS . • Map Unit Name (Series and Phase): ' ' • Drainage Class: _ Taxonomy (Subgroup)' Field Observations ti Confirm Mapped Type? Yes No • Profile Description: Depth Matrix Color Mottle Colors Mottle inches Horizon (Munson, Moist) (Munsnll Moist) Abundance/Contrast Structure etc. O"�, /} 2•S\( 3/z.- ?Wt.-1W- rt `.It-' y CLAY t-bAM 3-23 13 (Qyr a%‘ NON) SAN9'4 LOAM, Mby1Y 21- 29'1 C Ib y(z 4/'� N61.iC. t� CLA fi MAST' lrzS Ai '�-2I4 G 10"f it c-/4 NOWC 5ANt: t J t��1 14101 T Hydric Soil Indicators: (.../01,11:i Histosol _Concretions _Histic Epipedon on _High Organic Content in Surface Layer in Sandy Soils _Sulhdic Odor _Organic Streaking in Sandy Soils _Aquic Moisture Regime _Listed on Local Hydric Soils List _Reducing Conditions Listed on National Hydric Gleyed or Low-Chrome Colors — Soils List Other (Explain in Remarks) Remarks: Gigstlatal:4 teed VVtt[I.. { ,t VGYtc J II �L+Gr.", r'e'�V 4ttYi . WETLAND DETERMINATION Hydrophytic Vegetation Present? ea7No (Circle) Wetland Hydrology Present? yes (Circle) Hydric Soils Present? Yes o Is this Sampling Point Within a Wetland? Yes ® Remarks: 14 t k +ofr.h 9 Fyn+.;1t�t, rovnl w�,t-� Hk-t) Loco+tirt,, y 3° 246 ' TT1 pe l tJI-it z_ ppmved y ..J DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: KURT? 'pg.1eLDPµ1R- PTw p-cy- Date: 10/1 /' • Applicant/Owner: vgprz-A CONPANtRc-, County: wti≤Lp Investigator: tA. S. c y k State: a Do Normal Circumstances exist on the site? wtn No Community ID: niVntvevJ Is the site significantly disturbed (Atypical Situation)? Yes Oro, Transact ID: Is the area potential Problem Area? ' Yes (ge Plot ID: COO (If needed, explain on reverse.) ... VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species p Stratum Indicator 1. Gar4y 4pltcle4 NGT4P: ort, s. 2. Piece he peat., Wgr?13 nr L to. 3.C/11.00 p ckts speck, Hi7(!. OPAL. 11. 4. 12. 5. 13. 6. 14. 7. 15. 8. - 16. Percent of Dominant Species that are OBL, FACW or PAC .. (excluding FAC-L icc a7_ww Remarks: Dvf..41Y1 d kicky op�U)'1 IG vs le \Q.i'tcn-1 cct n tivt-e.4 v� • HYDROLOGY Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: _Stream, Lake, or Tide Gauge Primary Indicators: Aerial Photographs . _Inundated _Other Saturated in Upper 12 Inches No Recorded Data Available _Water Marks Drift Lines XSediment Deposits Field Observations: Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Depth of Surface Water: 1JAN (in.) Oxidized Root Channels in Upper 12 Inches 7y"'Water-Stained Leaves Depth to Free Water in Pit: I t1 (in.) Local Soil Survey Date t1 FAC-Neutral Test Depth to Saturated Soil: Q (in.) 1( Other (Explain in Remarks) Remarks: A`ia Vial C- ,It gvl Cvvveict cr / SOILS Map Unit Name (Series end Phase): • Drainage Class: Taxonomy (Subgroup): Field Observation, Confirm Me ppad Type? Yes No Profile Description: • Depth Matrix Color Mottle Colors 1inches HorizonMottle Texture, Concretion, ----.1.. jMuneell Moist) jMuneal_ I_ M�st(_ Abundance/Contrast Co�treyt Structure etc. 0-Z tl IOy�2�/1... ._- :_ SY-NIF O.M. KI?'-'r -^ —WO 2'12�� (3 Y.C. ti', SIL A.rVll x� S•.-. ----__ Shy i RL^'4cY sr�uznT> 12R0 Cr IO`IIZ i�3 Nt4�C SANS 11.2.62g En.?. ?L' Hydric Soil Indicators: Histosol Histic Epipedon _Concretions Sulfidic Odor _High Organic Content in Surface Layer in Sandy Soils Aquic Moisture Regime —Organic Streaking in Sandy Soils fteduti Conditions _Listed on Local Hydric Soils List Gle ed or Low- _Listed on National Hydric Soils List Y Chrome Colors Other (Explain in Remarks) Remarks: Siget\tr.c&- .- :'•W'•. Iv\ A LK'yt20n. I r 1#4L WETLAND DETERMINATION Hydrophytic Vegetation Present) N Wetland Hydrology Present] t (Circle) .._ No (Circle) Hydric Soils Present) YO]' No Is this Sampling Point Within a Wetland) Yeso Remarks: • Ltathevlet.. -454 ) 303* 10 POtMT'slZ Wove Y DATA FORM ( ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: KURT? DVID...DPMat.rT P1zp \cGt Date: Applicant/Owner: VpQttfy CoMPANI AS County: w1SCD Investigator: M.S SAVA( I— State: GOAnh— LOf2 it tdoro Do Normal Circumstances exist on the site? es e No Community ID: w �°a Is the site significantly disturbed (Atypical Situation)? es n_ Transect ID: Is the area a potential Problem Area? Yes Tl Plot ID: rbs (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1.bt4'le4,Its SP,co.\cl aelr-CS 0 9. 2.l &tct srrtrr, time, OPAL 10. 3. c'V x.U)X cv ,t v,v(5 ,01,;(11 , K'K-*I 11. 4. 12. 5. 13. 6. 14. 7. 15. 8. • 16. Percent of Dominant Species that are oeL, FACW or FAC (excluding FAC-). 100°74 Remarks: HYDROLOGY Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: _Stream, Lake, or Tide Gauge Primary Indicators: _Aerial Photographs ' _Inundated _Other _Saturated in Upper 12 Inches _No Recorded Data Available _Water Marks ' Drift Lines Sediment Deposits Field Observations: x Drainage Patterns in Wetlands . /f• '. Secondary Indicators (2 or more required): Depth of Surface Water: (in.) _Oxidized Root Channels in Upper 12 Inches Water-Stained Leaves Depth to Free Water in Pit: 1-1)4, (in.) Local Soil Survey Data _FAC-Noutrol Test Depth to Saturated Soil: l i/A (in.) _Other (Explain in Remarks) Remarks: SOILS • Map Unit Name • (Series and Phase): _ Drainage Class: Taxonomy (Subgroup): Feld Observations-- Confirm Mapped Type? Yes No Profile Descriot' n• Depth Matrix Color IDepths Mottle Colors Monte +� Horizon fMuneall Mo' tl (Munsell M Texture, Concretions, �at� Abundance/Contrast Structure etc. LOOS C. 0-�-- A ? Sf2q a �_ t•t0t�K L--- DYtc 4/I �-- — —�_ oXmiu srtzrqtluC� N�/� :�rrrrsrcvy 4r-- ye4 G — � cut Hydric Soil Indicators: _Histosol _Histic EPiPedon _Concretions _ Sulfidic Odor High Organic Content in Surface Layer in Sandy Soils Organic Streaking in Sandy Soils Aquic Moisture Regime -N Reducing Conditions Listed on Local Hydric Soils list CloyedReducing or Low-Chrome Calory —listed on National Hydric Sails List Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Des No Wetland Hydrology Present? — (Circle) Hydric Soils Present? es Ng (Circle) e No Is this Sampling Point Within a Wetland? "� es• Na Remarks: A`) +1,e, v—+-1 Q U e-. QH t 1. - Dr•, I ri( jar (I,IC\`1Cri'l''C].-A ((Crt.(Cl, Loc0.bony. 4\s' lo - °° }P ?o, t 1--s- ',proved by ( DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: KURT? T><tgad9PµLir P120\ Date: 10A/99 ApplicanUOwner: Vpsz(LA GOMPM14I Pc-, County: WQLb Investigator: M.5. StNYA r State: - coLotzi r0 Do Normal Circumstances exist on the site? ci No Community ID: Ma:A> cryJ Is the site significantly disturbed (Atypical Situation)? Yes tNa Transect ID: Is the area a potential Problem Area? ` • Yes Plot ID: p Ilf needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Caren p2C N2TLR OBI_ 9. 2. L'Z.C.ocW(Lri4 '-.p .UtS 14E12(5 Qf2* 10. 3-T(1.6 y 7L,cm-rura.la. 11Pkc" rsc-U 11. 4. 12. S. 13. 6. 14. 7. 15. 6. 16. Percent of Dominant Species that are 013L. FACW or MC � (excluding FAC-I. 63 /o Remarks: • HYDROLOGY —Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: Stream, Lake, or Tide Gauge Primary Indicators: _Aerial Photographs ' _Inundated _Other a Saturated in Upper 12 Inches No Recorded Data Available _Water Marks " Drift Linos Sediment Deposits Field Observations: _Drainage Patterns in Wetlands . Secondary Indicators (2 or more required): Depth of Surface Water: N/1.. tin.) X Oxidized Root Channels in Upper 12 Inches 7`Water-Stained Leaves Depth to Free Water in Pit: N/A (in.) Local Soil Survey Data _FAC-Neutral Test Depth to Saturated Soil: 111) (in.) _ Other (Explain in Remarks) Remarks: • SOILS • • Map Unit Name (Series and Phase): ' Drainage Class: Taxonomy (Subgroup): • TFeld Observations Confirm Ma pped Type? Yes No Profile Description: Depth Matrix Color Mottle Colors �)inches Horizon Mottle Texture. Concretions, _ {Mines)) Moist) fMuneell M ' tl Abunden ea/C�ntrast Structure etc. 0-2 A �pYk 3r� ueNG� Z—�,1 ----- -----___ It,M l.bhwl t'X��! trr r- n fz S `I ihttf �1'G`SINC4 10 rte'_+— tit C S�`I( armaG sNb_ �rlv� �nr/{ nYti'P Hydric Soil Indicators: _Hiatusol _Histic Epipedon Concretions _Sulfidic Odor _y High Organic Content in Surface Layer in Sandy Soils "Organic Streaking in Sandy Soils Aquic Moisture Regime >'' _Listed on Local Hydric Soils List Reducing Conditions _Listed on National Hydric Soils List S.Gleyed or Low-Chrome Colors _Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydraphytic Vegetation Present? as No (Circle) Wetland Hydrology Present) •as No (Circle) Hydric Soils Present? es No Is this Sampling Point Within a Wetland) as No Remarks: LOCR4I WI 2271 J 3O TO PoIUT•3c3 • pprove y ..1 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: KuTZT 2 Dv mopµ - Prao\>ro\ Date: to/I /q8 Applicant/Owner: vAR(zA cumpAw Pc.. County: "+LLD h1-1. S. SAyAf t State: r,c2k2atsnn Do Normal Circumstances exist on the site? No Community ID: rncgvow Is the site significantly disturbed (Atypical Situation)? Yeses Transect ID: Is the area a potential Problem Area? ` Yes Plot ID: (If needed, explain on reverse.) c:C)7 VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant 5 ecies P Stratum Indicator 1. CdYr�. ::..�:.C1gS 4=14, L*1— 9. 2. Sr:hoevtc furl", •-•pt'f:"> L1 t::P-F' CET.,.(--- 10. 3. 9m ffa. L.tt, • Ikr-RP, FAG\? 11. 4. 12. 5. 13. 6. 14. 7. 15. • El. 16. Percent of Dominant Species that are OBL, FACW or FAC • (excluding FAC-1. '1-•4- Remarks: Pa lr\r• v. 1x11 - '� r [� <'l�_. fNvn r:l v.r.} rj V.C\-f. t) �Coin C:... ft?`) ai'a4 CCrr" Iir HYDROLOGY _Recorded Date (Describe in Remarks): Wetland Hydrology Indicators: _Stream, Lake, or Tide Gauge Primary Indicators: _Aerial Photographs _Inundated _Other _Saturated in U No Recorded Data Available Pear 12 Inches —" ,L Water Marks Drift Lines Sediment Deposits Field Observation,: _,Drainage Patterns in Wetlands • Secondary Indicators (2 or more required): Depth of Surface Water: NI/A (in.) `.�Oxidized Root Channels in Upper 12 Inches Water-Stained Leaves Depth to Free Water in RC 24" (in.) _Local Soil Survey Data FAC-Neulrol last Depth to Saturated Soil: 20" (in.) yL Other (Explain in Remarks) Remarks: $,pIf eruc4 (en C✓rv 'Ire' / 4 C:. , N'. dui�CA Rr�f n::(" i fir �"' • SOILS Map Unit Name (Series and Phase): Drainage Class: Taxonomy (Subgroup): - • TField Observations`—�— Confirm Mapped Type? Yes No Profile Description• Depth Matrix Color Mottle Colors inches Horizon fMuneell Mo' t) Mottle Texture, etc.Concretions, jMunaeL�_ Abundance/Contrast Structure etc.7.5 y i' _a-_------ D-24 P 5Y4� tC,y 'kGliT ett:Yl W C�L'q`G� @/A 14-• ul-y, a,,,--- ... s"- __._,-- ==--__. 5417,II -rr> ••— Hydric Soil Indicators: Hiatosol Histic Epipedon Concretion, _Sulfidic Odor _.High Organic Content in Surface Layer in Sandy Soils A _Organic Streaking in Sandy Soils quic_ Moisture Regime Reducing Condition, Listed on Local y Soils List Cloyed or Low-Chroma Colors Listed on National Hydric Soils List Other (Explain in Remarks) Remarks: Stq».c\Cawi oy A.A C- tAyee wt. y00,1 eAeir c1. n • ((areap) Ndt .ctvtq •i .r I/ir, hrc.ny .� earl. E cr • WETLAND DETERMINATION Hydrophytic Vegetation Present? YJ•S No (Circle) Wetland Hydrology Present? No, (Circle) Hydric Soils Present? No // Is this Sampling Point Within a Wetland? es No Remarks: `larjrw w,ya-i true S OF` svw-ve/ w+'C0. r�' /��<d }>t.�a,�� -ter / Aire bC a tc.lilt? of it rrg0.i;. rL yv Ko -'.•r ret-l1(t.,.c — 1--000-11,04".1--000-11,04". 3a/4 I ZO ° •Ib Pntnl-r a:- 2 • pprovo y • DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) r. Project/Site: kURT? •D 'JaOpMuy y- ProDvacc Date: )0/79/1) Applicant/Owner: vp r c p zp compANI , County: wicL Investigator: M.S. SgYA�r D State: _ Gaol-won Do Normal Circumstances exist on the site? e No Community ID: wwT Is the site significantly disturbed (Atypical Situation)? Yes Ma7Ux9LJ Is the area'a potential Problem Area? • ® Transect ID: Yes 07 Plot ID: Oil FR (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species P Stratum Indicator 1. JOINS, eZtf{(evs. }lk-tZ et C7fft 9. 2. (from,, =pc,Ct!', II rap.. OF SL- 10. 3. �'�.Oot-ltt),(.41t. :rYftP' t^1.-t'1. 11. 4- 12. 5. 13. 6. 14. 7. 15- 8. • 16. Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-1. 100 r,g Remarks: Mir Y':t..• .09 O_p ' ) t • HYDROLOGY Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: _Stream, Lake, or Tide Gauge Primary Indicators: _Aerial.Photographs _Inundated _Other .4Saturated in Upper 12 Inches No Recorded Data Available _Water Marks Drift Lines Sediment Deposits Field Observations: _Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Depth of Surface Water: N/Pt (in.) _Oxidized Root Channels in Upper 12 Inches Y Water-Stained Leaves Depth to Free Water in Pit: 12`I lin.) ' / Local Soil Survey Data _FAC-Neutral Test Depth to Saturated Soil: 12" (in.) Other (Explain in Ramorksl Remarks: `Gt I-4 (Ng 4..,‘-k f L-'.c/ Hy. 15- LJv1Ici%Y'.. • SOILS Map Unit Name • (Series and Phase): _ .. __ • Drainage Class: - Taxonomy (Subgroup); - Field Observations Confirm Mapped Type? Yes Na Profile Description: Depth Matrix Color mchas Horizon Mottle Colors Mottle Texture, Concretions, 1--_1 (Mongol' Moist) (Muneel_ I__ M�tl Abunden�tr�st Structure etc. 4 t7-1 7;s t_ .--16111 — 19e, c ov unn� Mr1sr. uxstr N 7� r„ c�4\LD)cr?.—• U=/\tot'l1 Ctiv,{; Euxv.d. 19-zS+t' C 2.SY 5/z I0VRS / • Hydric Soil Indicators: _Histosol Histic Epipedon Concretions Sultidic Odor High Organic Content in Surface Layer in Sandy Soils Organic Streaking in Sandy Soils Aquic Moisture Regime V Reducing Conditions _Listed on Local Hydric Soils List Cl ed or Low- _Listed on National Hydric Soils List ..y. Y Chrome Colors - Other (Explain in Remarks) Remarks: 9aTWn67•n"-: 4:'i:V./C?". T firc7!n I'v"E:;�. C Gear! • Zan_ Th!n h.»r_ /a`reC -„ ,tl_ WETLAND DETERMINATION Hydrophytic Vegetation Present? isle No Wetland Hydrology Present? (Circle) A No (Circle) Hydric Soils Present? ea. No p � Is this Sampling Point Within a Wetland? es No Remars: 1-45 frog nl.)^it C- lee VJ c.� J. I n LOCO.6e1/1 gel o 1, I .r l y1W�.7 y-IX'�lnr4� !e. .,. r., e•t 1. ;.1 '/ t4 � par ova y - / ...._ DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: KURT Dgs1eLopµt2y,ri- PIZON T- Date: 10/I/9P, Applicant/Owner; vpgtzp Co*1PRNl6S County: WELD Investigator: M. S- cnyAc tt State: cot.orznc>n Do Normal Circumstances exist on the site? cP No Community ID: Mu-AlLye,v Is the site significantly disturbed (Atypical Situation)? Yes Transect ID: Is the area a potential Problem Area? Yes Plot ID: o�, (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Pat 5I t Hcna13 riC.0 9. 2. Ca-,t v,S nairze 11 7r p 1 Ff 't- to. • j 3._awes ept(A e> H, F.5 me vJ 11. 4. Medtrago lo1Aa)Si N T>P_ FAC 12. s. �lix-at.A5 S�l�e �t� N �b FAC t) 13. 6. 14. 7. 15. 8. • 16. Percent of Dominant Species that are OM_ FACW or FAC (excluding FAC-1. '10 10 Remarks: VPor (•ot-tare, ctn.,Y;Ln% 7. occt, >u'S t-It et 1y GUNa,k c\ rx\r?..t,r ✓w'A.401.4. HYDROLOGY _Recorded Date (Describe in Remarks): Wetland Hydrology Indicators: NBN _Stream, Lake, or Tide Gauge Primary Indicators: _Aerial Photographs _Inundated _Other _Saturated in Upper 12 Inches No Recorded Data Available _Water Marks Drift linos Sediment Deposits Field Observations: _Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Depth of Surface Water: (4/h lin.) _Oxidized Root Channels in Upper 12 Inches Water-Stained Leaves Depth to Free Water in Pit: p't I ( (in.) _Local Soil Survey Data _FAC-Neutral Test Depth to Saturated Soil: I L IS'" li`n..) _Other (Explain in Remarks) Remarks: W414' 1v.; abyt4- D..l 1,10 -jr (J1;• a I(y 110.1 son, (1'c'c+ cla , • • SOILS • • Map Unit Name -' (Series and Phase): • . Drainage Class: Taxonomy (Subgroup): •:Feld Observations Confirm Mapped Type? Yes No Profile Description• Depth Matrix Color Mottle Colors niche, HorizonMottle Texture, Concretions, L—_.L (Munson(Munell Moist) 1Muneel�l_ t AbuMen�agt Structure etc. �-H `•S- ICsI� ;�I �uGM'0F_( -'m vytttca('F' o.M.. -7tK11.1r CLin CthY V.tetI`/y L 1 a 4D1:+1 CI / I :.Sy1 v y ;ru 7r LIf'1 T CI.A L_ 11 --�- 'Y SA F'fGY m Cz CYR579- Hydric Soil Indicators: _Histosol _Histic Epipedon _-Concretions Sulfidic Odor _-High Organic Content in Surface Layer in Sandy Soils Organic Streaking in Sandy Soils Aquic Moisture Regime Reducing Conditions _Voted on Local Hydric Soils List Listed on National Hydric Soils List -„`Gleyed or Low-Chrome Colors -- -- Other (Explain in Remarks) Remark,: Wabv Grn•.F �tv.d i e Gz IaYzr. r;, acisas:, aou:ko..tf WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes o Circle) Wetland Hydrology Present/ Yes • W (Circle) Hydric Soils Present? Yes Ny (. Is this Sampling Point Within a Wetland? Yes CNa-7) Remarks: Snitd. I�ntr+ vwctc- t?[. I �G o wN;'1 RtA\ >'AcCL etc) Locai-tan t 85 I/ Op'O° to PO I i rt-a 2. ^ pprove y L ? [ DATA FORM ;T ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: KuWf ' )aapµ��-' P1Zo - Date: Applicant/Owner: vpQ2A coLspp,mtpc County: waL Investigator: M s SI,VAra.r' State: C.QI,ORAb d Do Normal Circumstances exist on the site? om No Community ID: _p?ctr,,Ll Is the site significantly disturbed (Atypical Situation)? Yes ® Transect ID: _ Is the area a potential Problem Area? ' Yes (ITO Plot ID: (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1- Cortex, Spnr,rS Ht22P 1`Pcy) 9. 2.Mel,loi-us oZruvo-pp.' RiX2'Y Fitt) 10. 3.Cp.eduVS Auto�_. H•.:'tr: VFL 11. 4. Pea- tl tees FaoJ 12. 5. 13. 6. 14, 7. 15. 8. • 16. Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-1. //,,//�� ((1� 25‘'2,Remarks: VerteAkko.,., In reLrtkCC.bvt•J rah S FvOVA pei30Ccr;: u` I ay.ct Iv r(.,9-0 a:.-a c rcy: SF,. HYDROLOGY _Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: NouC Stream, Lake, or Tide Gauge Primary Indicators: _Aerial Photographs • _Inundated _Other _Saturated in Upper 12 Inches No Recorded Data Available _Water Marks Dritt Linos _Sediment Deposits Field Observations: _Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Depth of Surface Water: KIAN (in.) _Oxidized Root Channels in Upper 12 Inches _Weter•Stained Leaves Depth to Free Water in Pit: 7 e.." (in.) _Local Soil Survey Data _FAC-Neutral Test Depth to Saturated Soil: Von (in.) _Other (Explain in Remarks) Remarks: • • SOILS Mep Unit Name • (Series and Phase): . .. Drainage Class: Taxonomy (Subgroup): • Field Observations Confirm Mapped T Profile Description- • Type? Yes No Depth Matrix Color inches Horizon Mottle Colors Mottle (Monad)) Mo-atl (Muneelll M •std Texture, Concretions, Abundance/Contrast Structure etc. o-z„ z- lie GI _121E:AL_t ov to kt f n „T YST K.lc��b.( lb—37 CZ GA IC rtme.tI.s. I—`FOI- -�_ 22-24 " C _—_—_— c tw IT t=`� t r- t rr Ir v y.c pL_{/I Hydric Soil Indicators: Histosol _Histic Epipedon Concretions _Sulfidic Odor _High Organic Content in Surface Layer in Sandy Soils _Aduic Moisture ._Organic Streaking in Sandy Soils X. Reducing Conditions Regime IS' _Listed on Local Hydric Soils List Gloved or Low- _Usted on National Hydric Soils Uat Chrome Colors Other (Explain in Remarks) Remarks: Gl� tvl ext vt••n m} i�- `� �y 7 1� Clwylvc� cvy,'cwt IUCZ WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes N Wetland Hydrology Prevent? (Circle) Yes (Circle) Hydric Soils Present] Yea (C) Is this Sampling Point Within a Wetlands Yes No Remark,; 'f);^Iittr.^ C-e' KIt*OY.bCNS . Ws4f// Pi Seri-k) bc.}wafi Ind lc e, .. fr, d:t`oy.n v ( Jvnxftr h ic+hrj 11 CV,.. C c r�Sv c tc•nj LOCatldvt q 125 .115` To Fa 1.57 a' G o f y� pprove y '-1 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: KutzT ? P1zo1SGT Date: to/,/9R Applicant./Owner: vAR2A coMPAt4tcc . County: vi'EL-0Investigator: µ. S. 5Ayjs r-- State: cowt2rann Do Normal Circumstances exist on the site? es p Community ID: wooDLA Is the site significantly disturbed (Atypical Situation)? YesCble7 Transact ID: _ Is the area a potential Problem Area? • Yes cpL�o Plot ID: of l (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Popaltt-, do I-4 rid<`- TECY' FAC 9. 2. cto P 1 a.lc�,,;t 5 1-h≥tx P FACT) 10. 3. Pv-sina,It . 7ptrola Nttzs rtc 11. 4. C2rnnc sFnc,g' N&RP, VAC v.l 12. 5. wnCu5. Cr thrv'-, Iltrp., o13t_ 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-1. Pri'o Remarks: Wt4-Ht n i J.z or2Cm f I vs,r% WOOL(l.y.A ?eat Gt, HYDROLOGY —Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: 1\0146 _Stream, Lake, or Tide Gauge Primary Indicators: _Aerial Photographs _Inundated _Other _Saturated in Upper 12 Inches No Recorded Data Available _Water Marks Drift Lines _Sediment Deposits Field Observations: _Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Depth of Surface Water: N/A lin.) _Oxidized Root Channels in Upper 12 Inches _Water-Stained Loaves Depth to Free Water in Pit: N/A (in.) - _Local Soil Survey Data _ FAC-Neutral Test Depth to Saturated Soil: I4t (in.) _Other (Explain in Remarks) Remarks: SOILS Map Unit Name (Series end Phase): Drainage Class: Taxonomy (Subgroup)' Field Observations ry Confirm Mapped Type? Yes No Profile Description: Depth Matrix Color Mottle Colors (inches) Horizon M°ttl° Texture,u Concretions, (Mansell Moist) (Mansell Moist) Abundance/Contrast Structure etc. ^4 A 1nV2 3/z- NptJC14 , otG,AF_O _ 4- G___ IONi44/(n Np},1C skND) 400stt, motsr 13— CZ 10\02 417 OPLANK P% r� SArv2A'rt; F.1tt 71 NgfLAme, ('N-{tU( Hydric Soil Indicators: _ Histosol _Concretions Hestia Epipedon on _Hiph Organic Content in Surface Layer in Sandy Soils Sulfidic Odor _ Organic Streaking in Sandy Soils _ Aquic Moisture Regime Listed on Local Hydric _ Reducing Conditions — lHydricSoils it List OthListerd on Notional Soils List _Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: Orgault_, .fh-E'a[t yirj I N Cz) I't0Y12UN 134-t• '�- (` an.Nyt .•, •�< J �d1ca¢� or sct}�r {ab�c eta.v- ) `�' � cF' _.. :1 I hrN;r7h o,lVvla•{ kitert WETLAND DETERMINATION Hydrophytic Vegetation Present? . (Circle) Wetland Hydrology Present? N. (Circle) e Hydric Soils Present? Yes tie Is this Sampling Point Within a Wetland? Yes Na Remarks: Wri-hvt yfa, lOvvi v.)[C'd Icv„ o cn.rrdUr o->1. 1°allv.rta_l }evmu kl.a1.% Cree.k. local-rFyvt 490' l 18° it Pot r tr? pprove y DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: kv2T� u r MpM ZN)— -P co wcr Date: _ ioNge, Applicant/Owner: vArtp_A (4 rimpicnn County: Investigator: >w .g, sAvRG•t State: coteicAtc) Do Normal Circumstances exist on the site? ® No Community ID: MQ2.nw Is the site significantly disturbed (Atypical Situation)? Yes go Transect. ID: _ Is the area a potential Problem Area? • Yes ® Plot ID: 012- (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. 1:RegeVi¢rtS •. Fir N� HFt'P net.- 9. 2. ea,/K :4rf.y c 1ICPP yr(vl 10. 3. Di k (LA I, '-ptro la lin- - . F4.L 1t. 4. 12. 5. 13. 6' 14. 7. 8. • 16. Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-11. ` 100'70 Remarks: IIbl�v'f'1 Wa lajlp^y (L;t'.4t LA Piz),-vi 1%.1 valcv C_ <v.0 HYDROLOGY _Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: _Stream, Lake• or Tide Gauge Primary Indicators: _Aerial Photographs _Inundated _Other It Saturated in Upper 12 Inches No Recorded Data Available T Water Marks • Drift Lines _Sediment Deposits Field Observations: Drainage Patterns in Wetlands Seca dary Indicators (2 or more required): Depth of Surface Water: 1J P(\ (in,) V Oxidized Root Channels in Upper 12 Inches �r /_- Water-Stained Leaves Depth to Free Water in Pit: �7 (in.) _Local Soil Survey Data 1 _FAC-Neutral Test Depth to Saturated Soil: 8 (in.) _Other (Explain in Remarks) Remarks: • SOILS Map Unit Name (Series end Phase): Drainage Class: _ Taxonomy (Subgroup): Field Observations Confirm Mapped Type? Yes No Profile Description: Depth Matrix Color Mottle Colors Mottle inches Horizon (Munson MoistTexture, Concretions, I (Munson(Mll Moist) Abundance/Contrast Structure, etc. o-eAti I O`f 2 ?,12 IJpi.11G.- :.c7t'�tl'r. r. 14t. 4-12° CI IoY23/ I Nbt 2.-1 Ctin I Cz l0`iR[�h- Iu.PU.MG> �j'(n r - sA14Ul slqu2t'c,IZ?, c+rF " • Hydric Soil Indicators: Histosol _Concretions _ Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils Sullidic Odor . _ Organic Streaking in Sandy Soils Aquic Moisture Regime _Listed on Local Hydric Soils List Reducing Conditions Listed on National Hydric Soils List Gleyed or Low-Chrome Coloro Other (Explain in Remarks) Remarks: Sn.I C r;'.4sty lc') tor, 1b• CI /c<tdtz A '-cce{-g WETLAND DETERMINATION Hydrophytic Vegetation Present? Y s) No (Circle) Wetland Hydrology Present? Wes' No (Circle) Hydric Soils Present? (9Ca) Na Is this Sampling Point Within a Wetland? es No Remarks: kcahel& I Vq 1) ICd3� Td R/tt.1741: 3 pprove y DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation ManualI Project/Site: yvp c? z -sjcq rt:•..tr(L`t3C 1=f ny,>c:c; Date: _ 10/79E2, Applicant/Owner: vAtzpa rt9iii y Im Cr'r> County: ,rJ..+t,D Investigator: yu_ . t,./c vMrc-. State: t{?t.trFcP>r) Do Normal Circumstances exist on the site? No Community ID: Mt7,PFra) Is the site significantly disturbed (Atypical Situation)? Yes 1 Transect ID: Is the area a potential Problem Area? • Yes CO Plot ID: 013 (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. AlyonybN •2-1-161 rfi t4'.. 9. 2. 10. 3' 11. 4. 12. 5, 13. 6. 14. • 7. 15. 8. 16. Percent of Dominant Species that are ODL, FACW or FAC (excluding FAC-1. O°?o Remarks: 7>l'-A-1v+L+ v-ayP1Ct'llyy' FXf&es.-t For pre etli; Lctcr:, C�„a L.. ; ay..J Las HYDROLOGY _Recorded Data (Deacribe in Remarks): Wetland Hydrology Indicators: vfm.f _Stream, Lake, or Tide Gauge Primary Indicators: _Aerial,Photographs _Inundated _Other _Saturated in Upper 12 Inches No Recorded Data Available _Water Marks Drift Lines Sediment Deposits Field Observations: _Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Depth of Surface Water: 1J/Pt (in.) _Oxidized Root Channels in Upper 12 Inches _Water-Stained Leaves Depth to Free Water in Pit: N//k (in.) Local Soil Survey Data _FAC-Noutrol Test Depth to Saturated Soil: t.IIJc (in.) Other (Explain in Remarks) Remarks: SOILS Map Unit Name (Series end Phase): Drainage Class: Taxonomy (Subgroup): Field Observations Confirm Mopped Type? Yes No Profile Description: Depth Matrix Color Mottle Colors mches HorizonMottle Texture, Concretions, �—.� (Munson(Mune ell Moist) (Munn ell Moist) Abundance/Contrast Structure, etc. 0—a" A Invv_3/-2-- r. -----_ StiT-(tAAy.r. T:JPv LOO�J�" Icy r_3/? Nth.),'rl r..•krt4 rrtr°,e;t, hit rro:'r 27- z(-Al, C 1Ov['. r,'/ Hydric Soil Indicators: t•IC'lI_ Histosol _Histic Epipedon —Concretions _High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor _ Organic Streaking in Sandy Soils Aquic Moisture Regime d t Lise on Reducing — Local Hydric Soils List Conditions _Usted on National Hydric Soils List —Cloyed or Low-Chrome Colors Other Oth (Explain inn in Remarked Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes (do.(Circle) Wetland Hydrology Present? Yes IC) (Circle) Hydric Soils Present? Yes Nd—) Is this Sampling Point Within a Wetland? Yes grog:. Remarks: LGCR'I t-'. > 280` To Vol"-T;I-3. Pprovu y ? ._i DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: t-„212- tx n Lpr.MCT-r p/t 'J1'("f` Date: 10/96 Applicant/Owner: vAP V.d cat, PAr(1.1/.Y County: Investigator: tvl- v. 5(vA4. r state: (rrtr>tz(..(f) Do Normal Circumstances exist on the site? No Community ID: rn ) Is the site significantly disturbed (Atypical Situation)? Yes 17� Transect ID: _ Is the area a potential Problem Area? Yes Plot ID: ol�r (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator t. tfge&V.,rlc < ,n°: RCM. nfrt,l.- 9. 2. Cary t, `pfe,LP•> Ht'PP CPL v-1t 10. 3.Tt1vot AcvM o(civo.4r HLT t3 FDCLI 11. 4. 12. 5. 13. 6. 14. 7. 15. 8. • 16. Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-). e urn Remarks: jO(U91'Ara^itC km) 1yP6vir.7. G. SWA.(G :kw}-'t^. O r Lac k (k w:.CC S>,IC.(.,.: . HYDROLOGY _Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: _Stream, Lake, or Tide Gauge Primary Indicators: _Aerial,Photographs _Inundated _Other `/ Saturated in Upper 12 Inches No Recorded Data Available _Water Marks Drift Lines _Sediment Deposits Field Observations: _Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Depth of Surface Water: )•J/(r (in.) _Oxidized Root Channels in Upper 12 Inches _Water-Stained Leaves Depth to Free Water in Pit: 4 (in.l _ Local Soil Survey Dote FAC-Noutral Test Depth to Saturated Soil: ��k (in.) _ Other (Explain in Remarks) Remarks: • SOILS Map Unit Name (Series end Phase): Drainage Class: Taxonomy (Subgroup): Field Observations Confirm Mopped Typo? Yes No "ir Profile Description: Depth Matrix Color Monk Colors iinches Horizon Monk t Texture, Concretions, ---.L (Munn ell Moffat) fMuns ell Mist) Abundance/Contrast Structure, etc. 0-3" A ID`123/Z S SNIT' O.M. FJr91 GAY sw,lev MtAST • 3 (o fi i oy n Y2 4/I to 5/$j WiTTLC'S tN"Stitt) ly I�jo uAy FIA Cr-k- Io z4+" C Yr rizT 1.04C Hydric Soil Indicators: Hiatosol _ Concretions Hiatic Epipedon _High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime — Reducing Conditions _Listed on Local Hydric Soils List _Listed on National Hydric Soils List Glayed or Low-Chrome Colors _2(.. Other (Explain in Remarks) Remarks: Okla t2E.d vg7;E./ Orc,O.g1.L 3,S.R.c K.1 KO] Ivt (�.>- kprt7431,4 . WETLAND DETERMINATION Hydrophytic Vegetation Present? YoP No (Circle) Wetland Hydrology Present? Y No (Circle) Hydric Soils Present? Yes FM Is this Sampling Point Within a Wetland? No Remarks: L itOC Lit` 'it .:J7- 10 POINT -i: 2 Approved by HO S ? —. I t DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) �. Project/Site: isup1 precooFrT Date: _ Or-c.. ) , I99=; Applicant/Owner: VAPPA, (RV/ PA Nice. County: Investigator: IV...c . c,�,.v �.j-- State: _ r�?( rtrAtn Do Normal Circumstances exist on the site? No Community ID: ru ns�0..1 Is the site significantly disturbed (Atypical Situation)? Yes Transect ID: _ Is the area a potential Problem Area? Yes (f+T Plot ID: 015 (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Ct.r;,v, t.rir.\pe.. 11tsa cAGW s. • 2. C_Urrtm..,•, :.)_+ `,., llkK.P, rtrul 10- 3. t4irlAsy srtcwlcr, nevi FAG 11. 4. 12. 5. 13. • 6. 14. 7. 15. 8. • a16. Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-). Remarks: I!eLai- 1.,) brood text-mgndoa.,> 1w o2 17'-" . wa1 .,,,Ctx,;,,,w'elr�+-t,r�� c* (J�1 Sc, LCi. 1-ltl<. t t'.('Lf 1w,h.:*l, tot Cx't-k',t „e I•+a.t+✓) - HYDROLOGY Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: _Stream, Lake, or Tide Gauge Primary Indicators: _Aerial,Photographs. _Inundated _Other Saturated in Upper 12 Inches _No Recorded Data Available _Water Marks .,Drift Linos r vSediment Deposits Field Observations: 4 Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Depth of Surface Water: N Pit (in.) _Oxidized Root Channels in Upper 12 Inches _Water-Stained Leaves Depth to Free Water in Pit: ZSN (in.) _Local Soil Survey Data _FAC-Neutral Test Depth to Saturated Soil: i2, 1 (in.) X Other (Explain in Remarks) Remarks: 52-Vk RCCVen,.Wien O•t • SOILS Map Unit Name (Series and Phase): Drainage Class: _ Taxonomy (Subgroup): Field Observations Confirm Mapped "— ~Type? Yes No Profile Description: Depth Matrix Color Mottle Colors inches HorizonMottle n Texture, Concretions, (Munson(Muneell Moist) fMuns ell Moist) Abundance/Contrast ancn(Contrest Structure, etc. t.tet-rIF Coy,- 51114 4Oh1"/ ht / Wrzit2 ('_7/‘ I()v p_ Sit ,?rtrx»�.,, e.� *- G -t�... rr 4 ciA I YI v3t.cGlcY1 I�wt�'t- 75 G�. IO tr 4i , t sY¢3/h 7`te?n GtJ-1 , !!t)L,r ..0 25-2(A." Gz IONfz S/2 j Hydric Soil Indicators: Histosol _Concretions Histic Epipedon _High Organic Content in Surface Layer in Sandy Soils Sullidic Odor _Organic Streaking in Sandy Soils _x Aquic Moisture Regime _Listed on Local Hydric Soils List s'—,Reducing Conditions _Listed on National Hydric Soils List 1 Gleyed or Low-Chroma Colors _ Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? 69 No (Circle) Wetland Hydrology Present? (Y No (Circle) Hydric Soils Present? IY YI No Is this Sampling Point Within a Wetland] !Cis) No Remarks: Lo(O.JLOIA, `SOS) 22r01b Y IIjT?1 Approved by HOUSACE 2/92 J 1 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: 1cupfT. 171.W.1.0PfAl'.OT'1)10)1l= Date: ►4ov tt 1996 Applicant/Owner: vAlz.R.A rows;/,(.11‘,-.1, County: Investigator: 4.t ^-/ State: ` crivecT.At:eD Do Normal Circumstances exist on the site? No Community ID: D1TC.1-I Is the site significantly disturbed (Atypical Situation)? Yes Transect ID: Is the area a potential Problem Area? Yes(:2 :) Plot ID: C>1t (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator (Dominant Plant Species Stratum Indicator 1. RNLI Grrts t.tvt,dvetart:¢.a. Hirrt4 FACW+ 9. 2. 10. 3. 11. 4. 12. 5. 13. _ I 6. 14. _ 7. 15. a. 16. - Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-1. _ 4 Remarks: I•F.jdfarkY4.- Yee \-ov4vvteL wt1-1.t.iY- a.c{I�.httlye4 �otvtLa.A&Y.q {Pte-1L eC�a'�jC7t-f1. A 1 ki.1 1x 1(ty-i i r / • HYDROLOGY _Recorded Date (Describe in Remarks): Wetland Hydrology Indicators: _Stream, Lake, or Tide Gauge Primary Indicators: _Aerial,Photographs Inundated Other -Saturated in Upper 12 Inches _No Recorded Data Available Water Marks Drift Lines _Sediment Deposits Field Observations: _Drainage Patterns in Wetlands Secondary Indicators (2 or morn required): Depth of Surface Water: N (in.) _Oxidized Root Channels in Upper 12 Inches Water-Stained Loaves: Depth to Free Water in Pit: . (in.) Local Soil Survey Data _FAC-Neutral Test Depth to Saturated Soil: O tin.) — Other (Explain in Remarks) Remarks: SOILS Map Unit Neme (Series and Phase): Drainage Class: Taxonomy (Subgroup): Field Observations Confirm Mapped Type? Yes No Profile Description: Depth Matrix Color Mottle Colors Mottle ��inches Horizon Texture,ru Concretions, (Munaell Moist) (Munaell Moist) Aburdanca/Contrast Structure, etc. o-a" q z.sl OM cµY01! `ANf) w/SICNI F 7-IS" Sr S / wet- AnrCYct.Ay. J aY.NF Q. t4f .nc-k-Y 5'- 1- 6, sty /( ernc.k ay c+ o Y Hydric Soil Indicators: Histosol _Concretions Histic Epipedon _High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor _Organic Streaking in Sandy Soils Aquic Moisture Regime Listed on Local Hydric Soils List )( Reducing Conditions _Listed on National Hydric Soils List SGleyed or Low-Chrome Colors _Other (Explain in Remarks) Remarks: • WETLAND DETERMINATION. Hydrophytic Vegetation Present? Ye No (Circle) Wetland Hydrology Present? Ye No. (Circle) Hydric Soils Present? II es No Is this Sampling Point Within a Wetland? riT . No Remarks: 7 k 1j a µtpM- w et.ate. 8,\-a, w C1,1/4 CNs(.v`r. (� Gt,d- Py�lrax1•l .. `(S 'I W 1 woey 1�rpvH, txvl9er.(-t.o.l,.. Y ✓4J. , 111�fA0/R_ 4'r i2 [Iq Virwr �Y wt? � ( it IA; k I L 'c!t I, . .).w. Wla+tti +fuS .,4, ..0 gam}� (l ) do swbwvc.red vozstr,{-o(-r,ovt , vn t?rvatr6;z.v.1- \eFcrkaE-GS-V. tv 31 ekt:44,,,R( .,,.I1..- 31 WA(er-. r,,l U.S. Approved by HOUS A.. Exhibit H - Wildlife Information 6.4.8 1) In developing the wildlife information, the Operator/Applicant may wish to contact the local wildlife conservation officer. The Operator/Applicant shall include in this Exhibit, a description of the game and non-game resources on and in the vicinity of the application area, including: a) a description of the significant wildlife resources on the affected land; b) seasonal use of the area; c) the presence and estimated population of threatened or endangered species from either federal or state lists;and d) a description of the general effect during and after the proposed operation o the existing wildlife of the area, including but not limited to temporary and permanent loss offood and habitat, interference with migratory routes, and the general effect on the wildlife from increased human activity, including noise. 2) The application shall be reviewed and commented upon by the State of Colorado Division of Wildlife(DOW)in a timely manner prior to the Board's consideration of the application. On 5 January 1999, a wildlife inspection of the site was performed by Mike Sherman,Dave Webber, and Charlene Haeger from the Colorado Division of Wildlife [DOW]. The comments of DOW are found in Mr. Sherman's report, following, and addresses the majority concerns of this section. Additionally,respective of threatened and endangered species, stemming from evaluations performed by Savage and Savage, Inc., the U.S. Fish and Wildlife Service cleared the upland portions of Section 29 and all of Section 28 from Preble's meadow jumping mouse,Zapus hudsonius preblei, and the Ute ladies' tresses orchid Spiranthes diluvialis. Their correspondence follows. EXHIBIT H -Wildlife Information 1 Colorado Division of Minerals & Geology Regular Impact [112] Construction Material Permit Sand Land, Inc. - Kurtz Resource Recovery & Development Project -January 1999 JAN-19-99 TUE 9:04 AM CDOW BRUSH FAX NO. 91"°422649 P. 2 COLORADO DIVISION OF WILDUFE MINED LAND WILDLIFE STATEMENT/EVALUATION(Revised) for limited Impact and select regular mine applications The following information pertaining to wildlife is provided for use by the Colorado Division of Minerals and Geology in their consideration of a mining permit for: (r1 Vc(rYq lean;eS Inc._Kurd ree k ()eel efoiec'L( ✓i� & rye() ' Name/Type and location of Mine (Legal) Wildlife Species list Potential wildlife expected to use this area: Manuals—deer, rabbits, fox, coyote, skunks, racoons; Birds--raptors, geese, various passerines. Note: Bald and Golden eagles may uae existing cottonwood trees for perching and/or winter roosting. Endangeredlcritical species impacted: No threatened or endangered species will be impacted. Critical habitats/vegetative communities impacted: None_ Assessmentof impact: The conversion of agricultural fields into ponds is considered a benefit to wildlife by providing open water for migrating waterfowl. If done properly, construction of such ponds can also provide nesting habitat and aquatic vegetation and Invertebrates upon which waterfowl will forage. Additionally, such ponds can be stocked with fish. Mine Reclamation recommendations (Include key species/habitats for which restoration Is designed). -Construct ponds such as to maximize shoreline by using an Irregular shape (not a simple square, rectangle,or circle)which includes jetty-type structures protruding into the pond. -In addition to a grading of 3h:1v on the pond walls, consider constructing shallower areas (5h:1v up to 10h:ly) which will encourage growth of aquatic vegetation and also invertebrate prey for waterfowl. -Consider leaving the occasional island in the middle of each pond. -Adhere to revegetation seed mixture and also consider planting shrubs (willows) and occasional trees. -Allow existing mature stands of Cottonwoods and isolated trees to remain. These trees undoubtedly are use by seasonally and sporadically by raptors including Bald and Gold eagles. -Consider adding to ponds underwater topography/structure (e.g. dead logs/trees, cement rip-rap, used tires chained together) which will encourage growth of aquatic vegetation and increase the presence of invertebrates. / Prepared by: (4 / dy" 1 Date: /11-9 9 Submitted by: file) /M Date: / 9'49 This statement is yoi¢if not processed within 1 year. This analysis does not constitute approval of the application. ai - y9 ilic b:U5 AM uDOw BRUSH FAX NO. 97fR422849 P. 3 MINED LAND WILDLIFE QUESTIONNAIRE for limited impact and select regular mine applications 1.Name of Company/Mine: Varra Companies. Inc.—Kurtz Resource&Development Project 2. Name/Address/Phone of Contact Person: Brad James—(303)886-6657 Varra Companies. Inc. 2130 South 96'"Street Broomfield. CO 80020 3. Location of Mine: Weld County (County, Township, Range, Section to nearest quarter quarter; Exhibit A-MLR appl.) 4. Nearest Town/General Location: Aoorox. 2 miles East of the Town of Mead.at Colorado Hwy. 66, South and Weld County Road 17,East 5. Land Ownership: Private 8. Present Land Use: Agriculture and pasture, 7. Proposed Final Land Use: Wildlife habitat and possible recreation and development. 8.Type of Operation: Surface 9. Minerals being Mined: Aggregate sand.gravel and overburden. 10. Number and Description of Surface Acres Disturbed by Mining/not including roads (Exhibit D- MLR): — 11. Miles of Roads to be Constructed: — 12. Life of Mine(years): --- 13. Description of Operation and Reclamation -Additional sheets may be attached (Exhibits B& E -MLR): 14. Please enclose Maps of Project Operation, Disturbance Areas and Reclamation (Exhibit C). This will expedite processing. Your cooperation is appreciated. 15. Prepared by: 04,4,010(4,1/ Date: 9-99a rsk .,a •WISEJIVLDLIFE United States Department of the Interior FISH AND WILDLIFE SERVICE pe.. � m lamam Ecological Services �Q ' e e o Post Office Box 25486,DEC Denver,Colorado 80225-0207 ES/CO:T&EJPMJM/Survey DEC 1 7 199E Mail Stop 65012 Michael Savage Savage and Savage 464 West Sumac Court Louisville, Colorado 80027-2227 Dear Mr. Savage : Based on the authority conferred to the U.S. Fish and Wildlife Service (Service) by the Endangered Species Act of 1973 (ESA), as amended (16 U.S.C. 1531 et seq.), the Service reviewed the Preble's meadow jumping mouse, Zapus hudsonius preblei, (Preble's) survey report submitted with your letter of October 22, 1998. This report regards the Varra Companies site in Weld County, Colorado (Section 28, Township 3 North, Range 67 West). Given your compliance with the Preble's survey guidelines, the Service finds the report acceptable and agrees that Preble's habitat is not be present within the subject area. Thus, the Service concludes that development or other actions on this site should not directly affect the continued existence of Preble's. Should Preble's populations exist downstream from the site, actions on the site that result in significant modification of Preble's habitat downstream (for example, through alteration of existing flow regimes, or sedimentation) may be subject to provisions of the ESA. If the Service can be of further assistance, please contact Peter Plage of my staff at (303) 275-2370. Sincerely, • I �( c 1LLeRoy W. Cai<lsoq Colorado Field Supervisor cc: U.S. Army COE, Littleton, CO Reading file Project file Plage Re fe re n c e:Pe le r/P M J M/1998.176 United States Department of the Interior FISH AND WILDLIFE SERVICE ncoloiie.l s.rvicn coked*15 44 Ofao. P.O.Box 25416 Dearer Parini Comer Dcurcr,Colorado 10225-0207 ES/CO:ESIPlsnts/ Spironhes diluvials Mail Stop 65412 N0V 17 1998 Edith Savage Savage and Savage 464 West Sumac Court Louisville, Colorado 80027-2227 Dear Ms. Savage: Based on the authority conferred to the U.S. Fish and Wildlife Service (Service) by the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et mi.), the Service reviewed the the ladies'-tresses orchid (Spireutthes dUuvialis)habitat+«smeot report for Varra Companies' proposed sand and gravel extraction and reclamation project in Weld County, Colorado (Township 3 North, Range 67 West; North IA, Southwest 1141, and Northwest 14 of Section 28, and South IA, Southeast '4, Northeast '4 Section 29). As described in your report, the proposed project involves removal and stockpiling of topsoil material, extraction of the sand and gravel, backfdling and grading, and retopsoiling and re- seeding. The Service finds the survey report acceptable and agrees that suitable habitat for S. diluvialis is not present within the areas surveyed and no individuals or populations were identified. Thus, the Service concurs with the determination that the proposed project should not adversely affect the continued existence of this orchid. We appreciate your submitting this report to our office for review and comment. If the Service can be of further assistance, please contact Jan McKee at (303)275-2370. Sincere! J� 1414///'✓��(/�. LeRoy W. Carlson Colorado ield Supervisor cc: U.S. Army COE; Littleton, CO (Attn.: Rex Fletcher) Reading file Project file adrumco:IPM'TaXPOQc1TCv 991MDSS21109.W PP TOTRL P.04 Exhibit J - Vegetation Information 6.4.10 I) The Operator/Applicant shall include in this Exhibit a narrative of the following items: a) descriptions of present vegetation types, which include quantitative estimates of cover and height for the principal species in each life form represented(Le., trees, tall shrubs, low shrubs, grasses,forbs); Exhibit G-Water Information,contains a wetland study for the lower floodplain in Section 29 as well as the upland portions of Sections 28 and 29, as conducted by Savage and Savage. The information includes soil and vegetation samples, including percent cover, of the dominant wetland grasses. The upper terrace of Section 29 and 28, has been cropped since near the turn of the century. The table below [compiled by the farm manager] for the years 1998 and 1997,represent crop productivity for typical low and high yield years,respectively. Crops for 1998 are shown in the aerial photograph and the type of crop indicated on Exhibit IJJ, Soils and Vegetation Map. 1998 Production: FyaLD I ACRES± I CROP I YIELD PER ACRE 10 15.0 Corn 56.0 bushels 11 5.0 Corn 56.0 bushels 12 31.0 Beets 22.6 tons 13 30.0 Corn 111.0 bushels 14 25.0 Corn 116.0 bushels 15 23.0 Corn 84.0 bushels 16 14.5 Corn 111.0 bushels 17 11.0 Hay 4.0 tons 18 18.0 Corn 110.0 bushels 19 7.5 Corn 57.0 bushels 20 8.0 Corn 88.0 bushels 21 4.4 Hay 4.0 tons 22 4.0 Hay 4.0 tons 23 12.0 Corn 115.0 bushels continued...next page... 1997 Production: Firm I ACRES± I CROP I YIELD PER ACRE 10 15.0 Corn 104.0 bushels 11 5.0 Hay 4.1 tons 12 31.0 Corn 152.0 bushels 13 30.0 Corn 152.0 bushels 14 25.0 Beets 20.6 tons 15 23.0 Corn 104.0 bushels 16 14.5 Corn 104.0 bushels 17 11.0 Hay 4.1 tons EXHIBIT J - Vegetation Information 1 Colorado Division of Mineral. s & Geology Regular Impact [1 12 Construction Material Permit Sand Land, Inc. - Kurtz Resource Recovery & Development Project -January 1999 Exhibit J - Vegetation Information 18 18.0 Beets 20.6 tons 19 7.5 Corn 132.0 bushels 20 8.0 Corn 104.0 bushels 21 4.4 Hay 4.1 tons 22 4.0 Hay 4.1 tons 23 12.0 Wheat 84.0 bushels Determination of a suitable cover for native grasses is difficult to target due to the prolonged history of crop production over the location. As such,the primary target for revegetation of the site is stabilization of a diverse and long lived native cover for purposes of general agriculture,until the point of residential, commercial,or industrial development occurs at the location. b) the relationship of present vegetation types to soil types, or alternatively, the information may be presented on a map;and Please refer to Exhibit 1/J - Soils and Vegetation Map. c) estimates of average annual production for hay meadows and croplands, and carrying capacity for range lands on or in the vicinity of the affected land, if the choke of reclamation is for range or agriculture. Please refer to part(a), above. 2) The Operator/Applicant shall show the relation of the types of vegetation to existing topography on a map in Exhibit C. In providing such information, the Operator/Applicant may want to contact the local Soil Conservation District. Please refer to Exhibit 1/.1- Soils and Vegetation Map. EXHIBIT J - Vegetation Information 2 Colorado Division of Mineral.s & Geology Regular Impact [I.121 Construction Material Permit Sand Land, Inc. - Kurtz Resource Recovery & Development Project -January 1999 Exhibit L - Reclamation Costs 6.4.12 1) All information necessary to calculate the costs of reclamation must be submitted and broken down into the various major phases of reclamation. The information provided by the Operator/Applicant must be sufficient to calculate the cost of reclamation that would be incurred by the state. Caveat: Experience indicates that the Division will recalculate any estimate provided,based upon formulas and fixed estimates derived from the Division's computer program software. The estimate,below, breaks down the essential items to be calculated,utilizes previous Division calculations for equipment type, mobilization costs,etc., and updates actual material, equipment and labor costs, where possible, to derive the best possible estimate in advance of the Division's own calculation. Since factual and current source referenced data is used,the Division provides for the inclusion of such valid and verifiable information in its own determinations. Initial Affected Lands - Plant/Processing *: Item# I Description Tract Acres 1 Initial Settling Basins [maximum extent] N/A 3.5 2 Wash Pond A 6.9 Lands excepted into Wash Pond A 3.9 3** Plant/Processing/Product Stockpiles, etc. B 34.8 Lands excepted into Tract B B 1.5 4 Plant/Processinj/Product Stockpiles,etc. C 14.1 Sub-Total 64.7± * Allocate full soil replacement for Tracts A, B, & C + Settling Basins, or 64.7 Acres of soil replacement and reseeding/revegetation - see below. * * Last Tract to be Excavated. Initial Affected Lands - Estimate 50 percent of the basin completed in first three to five years of operation, or one half the total perimeter,prior to commencement of resoiling and revegetation -concurrent thereafter. Perimeter of extracted basins [linear feet]remaining above the anticipated water level. Item# Description Tract Linear Ft. of Perimeter 1 Resource Recovery Basin D 10,312.70 2 Resource Recovery Basin E 6,259.12 Sub-Total l I 116,571.82± 16,571.82 linear feet+ 2 = 8,285.91 linear feet x 50 feet [average width of perimeter to water line] = 414,295.5 sq. ft. + 43,560 sq. ft. per acre = 9.5± acres for soil replacement and reseeding/revegetation-see below. This would require 9.5±acres to be calculated for maximum resoiling and reseeding/revegetation, plus an additional 9.5±acres for reclamation only - since a near equivalent area would be affected over the intervening three to five years of operation while EXHIBIT L - Reclamation Costs 1 Colorado Division of Mineral s & Geology Regular Impact [112] Construction Material Permit Sand Land, Inc. - Kurtz Resource Recovery & Development Project -January 1999 Exhibit L - Reclamation Costs the initial area of reclamation [areas resoiled, reseeded, and pending release] would be pending over the initial 9.5±acres of perimeter. Additionally,reclamation of the advancing front of extraction [1320.0±feet x 50±feet] would need to be accounted for, or an additional 1.5±acres. Calculations for financial warranty would proceed as follows: 1. Concurrent grading - no estimate required. 2. Fixed area of 64.7±acres - Plant/Processing/Stockpiling,etc. for life of the mine +9.5±acres for perimeter of active resource recovery +1.5 acres for the advancing front of extraction [estimated maximum extent]. 3. Reclamation only at an additional 9.5±acres to account for concurrent reclamation of the initial perimeter area of extraction following the first three years of operations. 4. This would entail costs for resoiling and reseeding only: RESOILING: 75.7 Acres total at an average soil depth of 0.5 feet: 74.2 Acres x 43,560.0 sq. ft. per acre = 3,232,152.0±total cu. ft. at one foot depth x 0.5 feet [avg. depth of resoiling] = 1,616,076.0±total cu. ft. of soil at one half foot depth+27 cu. ft. per cu. yd. = 59,855.0±cu. yds. of soil - fixed stockpile - for life of mine. Resoiling must also account for the maximum anticipated advancing front of extraction,or 1,320.0±feet x 50.0± feet [apx. 1.5 acres] = 66,000.0±total cu. ft. at one foot depth x 0.5 feet [avg. depth of resoiling] = 33,000.0±total cu. ft. of soil at one half foot depth+ 27 cu. ft. per cu. yd. = 1,222.0±cu. yds. of soil - fixed stockpile - for life of mine. Total fixed soil stockpile for the life of the mine = 61,077.0± cu. yds. The balance of soil will be placed over the shoulder after the initial soil salvage is completed over approximately 75.7 acres at 0.5 feet of avg. salvage per acre. Since all soils in Tracts A,B, and C will be salvaged and stockpiled, or an area [excluding excepted acreage] of 55.8 acres, an additional 19.9 acres of the initial area of extraction will be salvaged prior to over the shoulder placement of soil onto finished slopes. This assumes that only 0.5 feet of soil can be salvaged per acre. If the entire 12 inches of the A profile, with some B profile, can be salvaged per acre,the total acreage required to meet the minimum threshold prior to over the shoulder placement of soil,then only half of the stated acreage would be required. Due to equipment limitations, some mixing of the A and B soil profile horizon is unavoidable where both horizons occur within the upper foot of the solum. Excess soils, subsoils and overburden will be utilized for market beyond this point. To the extent that fill is planned for the creation of edge effect and pond irregularity, or for purposes of wetland banking, should banking be established in cooperation with the U.S. Dept. of Army -Corps of Engineers, additional soils would be set aside for this purpose and reported to the DMG in the required Annual Reports. Equipment, labor, and replacement distances will need to be determined. Average replacement distances will vary by location, as follows: EXHIBIT L- Reclamation Costs 2 Colorado Division of Mineral s& Geology Regular Impact [112] Construction Material Pennit Sand Land, Inc. - Kurtz Resource Recovery & Development Project -January 1999 Exhibit L - Reclamation Costs LOCATION ACRES REQUIRED SOIL REPLACEMENT VOLUME [YD3] DISTANCE Settling Basins 3.5 2,823.0± 75.0± feet Tract A 10.8 8,712.0± 300.0± feet Tract B 36.3 29,282.0± 500.0± feet Tract C 14.1 11,374.0± 200.0± feet Perimeter Areas of Extraction [ 11.0 8,873.0± 660.0± feet including extraction front] 75.7 61,064.0± ACRES X REPLACEMENT = TOTAL WEIGHTED AVG. DISTANCE COMBINED DIST. REPL. DISTANCE 3.5 75.0 262.5 _ 10.8 300.0 3,240.0 36.3 500.0 18,150.0 14.1 200.0 2,820.0 11.0 660.0 7,260.0 75.7 31,732.5 31,732.5 + 75.7 = I 419.2± feet avg. Refer to Table 3 -previous DMG soil replacement calculation [12/4/96-Dakolios Pit located apx. 2 miles from location]. Avg. replacement distance of 600 feet. 419.2+600.0=70.0±percent of total or$0.413 x 70.0% = $ 0.227 = $ 0.29±per LCY. 61,064.0±CCY x an estimated swell factor of 1.215 =74,192.8±LCY x $0.23/LCY = $21,497.64 TOTAL - RESOILING RESEEDING/REVEGETATION: EGETATION: 75.7±Acres Fixed Area of Disturbance floating over life of mine+9.5±Acres for concurrent reclamation [reseeding and revegetation -pending release as operations continue] = 85.2 Total Acres to account for cost of seed, planting [equipment and labor], fertilization,25% failure [reseeding of planted locations], to the point of release. Per acres estimates for these expenses, including material, labor and equipment, are found under Tables 1 and 2, following. These are current costs obtained directly from the sources indicated in the respective tables, and should be utilized in the Division's estimate. NOTE: The seed mixture will utilize a sterile hybrid to stabilize soil in lieu of mulch. Mulch is not an anticipated expense and should not be utilized in the Division's estimate. This is an established procedure. EXHIBIT L - Reclamation Costs 3 Colorado Division of Minerals & Geology Regular Impact [112] Construction Material Permit Sand Land, Inc. - Kurtz Resource Recovery & Development Project -January 1999 Exhibit L - Reclamation Costs ITEM UNIT COST [$1 TOTAL [$1 @ PER ACRE 85.2 ACRES Seed [refer to Exhibit L-Table 1] 27.25 2,321.70 Tilling [Exhibit L-Table 2] 25.00 2,130.00 Fertilizing [Exhibit L -Table 2] 20.00 1,704.00 Seeding [Exhibit L-Table 2] 20.00 1,704.00 SUB-TOTAL RESEEDING/REVEGETATION = 7,859.70 FAILURE RATE OF 25% [7,859.7 x 0.25] = 1,964.92 TOTAL - RESEEDING/REVEGETATION = 9,824.62 FINAL CALCULATIONS & GRAND TOTAL: ITEM TOTAL [$] RESOILING 21,497.64 RESEEDING/REVEGETATION 9,824.62 ESTIMATED MOBILIZATION/DEMOBILIZATION 2,000.00 SUB-TOTAL = 33,322.26 EST. SUM DMG ADMINISTRATIVE @ 18.15% = 6,047.99 GRAND-TOTAL = I $ 39,370.25 2) The Office may request the Operator/Applicant to provide additional, reasonable data to substantiate said Operator/Applicant's estimate of the cost of reclamation for all Affected Lands. Acknowledged. EXHIBIT L- Reclamation Costs 4 Colorado Division of Mineral s &Geology Regular Impact [112] Construction Material Permit Sand Land, Inc. - Kurtz Resource Recovery & Development Project -January 1999 U o F 00 N *r 1- 00 vi (-4 001 ') 40011.! A .- -. 4.1 M [— N � N O O 4 0 V 7 � N V• M40 � N o .U., E2 N U x * m C v7 v1 01 v1 0\ In 0 0 v) v) * .a C "� D\ N 0\ [ 40 --t 00 C Ch r- t."o 40 40 N 7 --4 04 00 N 7 v) 40 N a d ra a0 U d ,.:."p'liu '.O7 -„ ONNvn --400 — •b U 0 0 0 . N 0 0 0 0 0 0 . 2 T .- O 0 C N H Y' y d Ii x��, NN �-� -�-� 000000 h4 = c 1. o. it CZ E 60 E .G o� B ao�g U a c 0 a p.• U Saab. O o u c R ac p g ' m ' w 3 U 07 N U U a0i 4 t C�ESy ;; E , — Ni..'o Ga • a .3 0. ti _ 0E cri Li) M'° wi. t0 y at i 'O y p Ya O $i a o 4N 4 G cy 0 2 0 cLe U . U �' t 7J a to p e3 �.yO 1-� y„i y �Q U 1.4 at a Uz 3 a ire " 'O2 o rn 8 v � C) ' vifziPgI-1FfA o, U7i0i c � o � � o O 0 ti .n F 0 CIS alai !Act= II w ti C7 a: -. '°o (V C W ,.‘„-51 U cip RU.t 03 H �� 'O _� �VJ y 4 O. ti O4411 V CO U -y yam- •OC 9 9Ii“ . V] CM-- �9 L 0 Pt `§14 C L 'Ci d �' o o c4 CU 5" .v'. IatiL .i v, w a..0 hi AA. mfigo � ,0 6b � -ri Lai 5 c) 3 two ' > � k moo , a O O Ow .� >C s v * = alb [te a rLIPIA. ch [11 C0MVnUnF". E• . 3 oo : w WU° vii LONGS PEAK EQUIPMENT COMPANY 4322 HWY 66 LONGMONT,CO 80504 LONGMONT(970)535-4474 DENVER (303)892-0684 TOLL FREE 1-800-675-4020 rikTh .- UGHN DEERS Varra Companies Inc. 12910 Weld Cty Rd. 13 Longmont, Co. 80504 (303) 666-6657 January 25, 1999 Subject: Kurtz Property Section 28, T3N, R67W Attention: Bradford Janes The application rates for tilling, fertilizing and seeding in this area for your job requirements are as follows. TILLING (Disk Harrowing) $25.00 per acre Price includes Tractor, Disk Harrow, operator and fuel. FERTILIZING $20.00 per acre Price includes Fertilizer spreader, Tractor or ATV (All Terrain Vehicle) operator and fuel. SEEDING $20.00 per acre Price includes Seeder, Tractor or ATV(All Terrain Vehicle) operator and fuel. TOTAL COST PER ACRE $65.00 If you have any questions regarding these rates please feel free to call at your convenience. Thank you for your time. Rick Seki h Sales Longs Peak Equipment tx �.;� .h INK.. Colorado Division of Minerals and Geology ESTIMATING FORM - SCRAPER WORK TASK NO. 22 PREP. BY: CLK PERMIT NO. M-84-036 DATE : 12/04/96 FILENAME: M036-22 MINE: Dakolios Pit PERMIT ACTION : Recalculation of Bond TASK DESCRIPTION : Spread topsoil over 56.7 aEres HOURLY EQUIPMENT COSTS: 'g-"" Single, Double or Triple County:WELD Labor Zone : 1 Shifts :S Equipment Descriptions Scraper team make-up : CAT 637E with ROPS cab Road maint. - Grader : N/A - Water T.: N/A Scraper Team Road Maintenance Scraper Dozer(s) Grader Water truck. Equipment Filename:637E-ROP 0 N/A N/A Utilization on job:100X N/A N/A N/A Cost Breakdown: Ownership cost/hr: $67.47 N/A N/A N/A Operating cost/hr: $128.59 N/A N/A N/A Operator cost/hr: $23.13 N/A N/A N/A Unit subtotals: $219.20 N/A N/A N/A Scraper team subtotal : $438.39 Maint. subtotal : N/A Total Work Team Cost/Hr: $438.39 MATERIAL QUANTITIES: Beg. Volume: 60500 CCY Cu.Yd. Swell Loose Volume: 60,500 CCY Factor:; 1.215 Volume: 73,508 LCY Source of quantity take-off: TR001 Source of est. swell factor: Cat Handbook HOURLY PRODUCTION: _= Job Condition Correction Factors Scraper Cycle Time Site altitude = 5000 ft. Load = 1 min. Att. adjustment .. 1 Maneuver 8 spread = 0.6 min. Job efficiency ... 0.83 (1sh/d) Travel time (haul 8 return): Net Correction 0.83 Haul route Road Length Grade Rolling Total Velocity Travel time' seg. M (ft) res.(%) res.(%) res.(%) (fpm) (min) 1 600 1.00 3.00 4.00 2502 0.46 Haul time = 0.46 min. Return route 1 600 -1.00 3.00 2.00 3029 0.38 '1st 8 lost seg. adj. for accel./decel. Return time = 0.38 min. Total Cycle Time = 2.44 min. ------- Machine Volume Machine Payload Struck capacity = 21.00 Material weight .'= 1600.00 lbs/LCY , Heaped capacity = 31.00 Mat. descriptioh : Top Soil Average = 26.00 LCY Rated payload....= 75,000 lbs. Adjusted volume = 26.00 ICY Payload volume...= 46.88 LCY Unadjusted production per scraper or push-pull pair : 639.10 LCY/hr Adjusted production • A530.45 LCY/hr Adjusted hourly fleet production • 1060.91 ICY/hr J08 COST: Fleet size : 2 Scraper(s) Total Job Time: 69.29 Hours Unit Cost : 50.413 /LCY Total Job Cost: S30,375 Exhibit M - Other Permits & Licenses 6.4.13 A statement identifying which of the following permits, licenses and approvals the Operator/Applicant holds or will be seeking in order to conduct the proposed mining and reclamation operations: effluent discharge permits, air quality emissions permits, radioactive source material licenses, the State Historic Preservation Office clearance, disposal of dredge and fill material(404)permits, permit to construct a dam, well permits, highway access permits, U.S. Forest Service permits, Bureau of Land Management permits, county zoning and land use permits, and city zoning and land use permits. Federal Lands - There are no federal lands on this property. Federal jurisdiction over waters of the United States and wetlands are under determination. Refer to U.S. Army Corps of Engineers, below. U.S. Army Corps of Engineers - Delineation of possible Wetlands and Waters of the United States,plus clearance of suspected threatened and endangered species- specifically,Preble's Jumping Mouse and Ladies Tresses Orchid, has occurred [see replies from the U.S. Fish and Wildlife Service, and a related report from the Colorado Division of Wildlife, in Exhibit H: Wildlife Information]. Assessment of Wetlands,Waters of the United States, Preble's Jumping Mouse, and Ladies Tresses Orchid was performed by Savage and Savage, Inc. Portions of Savage and Savage, Inc. report on Wetlands and Waters of the United States, including identification of related soils and vegetation via sampling points shown on Exhibit G-Water Resources Map,is included under Exhibit G-Water Information. Additional information is available upon request.. State Historic Preservation Office - The Colorado Historical Society, Office of Archaeology and Historic Preservation conducted a search of the Colorado Inventory of Cultural Resources on 20 October 1999 respective of 29,Township 3 North, Range 67 West. The Society's Office did not identify any substantive information in its search of the Colorado Inventory of Cultural Resources for this location. The list does not identify any known survey for Section 28, and did not provide a summary for one known survey in Section 29. Additional information is available upon request. Colorado Department of Public Health and Environment - APEN - This permit has been applied for pertaining to fugitive dust. A permit for processing equipment will be submitted once the equipment has been identified. The appropriate APEN for the processing equipment will be secured prior to start-up of the same. Additional information is available upon request. Colorado Department of Public Health and Environment - Storm Water Discharge Permit-This permit has been applied for. Additional information is available upon request. A copy of the Universal Storm Water Management Plan is included under Exhibit G: Water Information. Colorado Division of Wildlife - While no permit is required, DOW has been contacted and their information is presented under Exhibit H-Wildlife Information in this submittal and/or under separate cover. Colorado Division of Water Resources - Office of the State Engineer - A substitute water supply plan for purposes of augmenting evaporative loss of exposed groundwater is under development in cooperation with the Colorado Division of Water Resources, Office of the State Engineer [refer to Exhibit G-Water Information,correspondence from the Office of the State Engineer of 22 January 1999]. Additional information concerning this submittal is available upon request. EXHIBIT M - Other Permits & Licenses 1 Colorado Division of Minerals & Geology Regular Impact [] 12] Construction Material Permit Sand Land, Inc. - Kurtz Resource Recovery & Development Project - January 1.999 Exhibit M - Other Permits & Licenses Colorado Division of Labor - Any oil or fuel containment will include appropriate permits from the Oil Inspection unit of the Colorado Division of Labor. Colorado Department of Transportation - C-DOT has been contacted respective of this operation and its access concerns. C-DOT has indicated to us that it will respond to the submittal to DMG and Weld County respective of its determinations,therefore, its response is pending. Weld County -The site is under Special Review by Weld County Department of Planning and Board of County Commissioners. Additional information is available upon request. Town of Firestone - The Town of Firestone owns property that bi-sects the location and has been contacted respective of this application. The Town's determinations are pending. The Town is identified under Exhibit P-Municipalities Located Within Two Miles of the location. Town of Mead - The Town is located within 1.5 miles from the location, and is identified under Exhibit P-Municipalities Located Within Two Miles of the location, and Exhibit B: Index Map. EXHIBIT M - Other Permits & Licenses 2 Colorado Division of Mineral s& Geology Regular Impact [112] Construction Material Permit Sand Land, Inc. - Kurtz Resource Recovery &Development Project -January 1999 Varra Companies, Inc. 2130 S. 96th Street Broomfield, Colorado 80200 Telephone (303) 666-6657 FAX 666-6743 Wednesday 7 October 1998 Gloria Hice-Idler State of Colorado Department of Transportation Region 4 1420 2nd Street Greeley, Colorado 80631 Subject: Kurtz Resource Recovery and Development Project- Sections 28 and 29, Township 3 North, Range 67 West, 6th P.M. - Request for consideration of Alternative Access Routes from Colorado State Highway 66 and Weld County Road 17. Dear Gloria: As we discussed at the site on Wednesday 2 September 1998, there are three possible points of entry for this project. The locations are described as alternative access points a, b, and c on the ground truth aerial photograph and survey provided. Two alternatives (a & c) would require realignment of Weld County Road 17, and are subject to the approval of Weld County. The alternative locations are not intended to reflect design, except to suggest an intersection that is perpendicular to Highway 66, an approximate 50 foot opening, and an approximate 30 foot wide road. The actual locations and design would be follow acceptance of the route. For example, Alternative a would intersect Highway 66, but curve within the easement location to the intersection with the original WCR 17. Based upon our field assessment of 2 September, Alternative a is the preferred path. Its approval would negate use of Alternative b and c. Alternative c or b would negate the use of Alternative a. If neither a nor c is allowed, Alternative b would be acceptable. If c is allowed, b is also acceptable. Naturally, the all necessary final approvals of design and location of the road will be obtained from C-DOT, Weld County, and the Town of Firestone, prior to construction. The purpose of this approval is to verify the range of alternatives acceptable to C-DOT . It is my understanding you will finalize approval of these alternatives within the next 10 days. Until then, if you need additional information or clarification, please do not hesitate to contact me. Thank-you for your time and kind assistance. Sincerely, Bradford Janes professional forester cc. Christopher L. Varra, President Varra Companies, Inc. 1 w "F4 �h7E�rt IA +r'I' 'd ql' ; TT • r av A. • ll'� y y 4a Ji Y J1Fv' a tVw r. n y ao Y • I, II r � �„I sr II.,—. 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'�' y t �i ah itll 1 r n ° 1 `rL. ,tw. �Wo rgPr ill. 9 ��r ?. i 1 l* % '4:1'.'":114% I,. :. i ., d: 1, lY ) r ` lu,4t 4 F ' P r �+jA +.r' .fin p k!:!'''1 4 4 vY ' art idiy, q ti �7H�•"" �Ipr ' t h '� F P d ✓IL, V Wr 1 4 n III iC^µ., ', t Y4 .nlY {4,pt�� �' ' '' , a I b"��'AL 4u t , 'I { 1 ,"' a S���, ��y pqy�q� �p.�p d W - M,r " E '� " k , �.ii4 rl, tit v .� w "d P �« r y 1 'k� Ar; `: tit .:... .. .� '.: .. l�sl� u �"s Ws �ktlaJ �k�5i'`Ck`? �`FI� Varra Companies, Inc. 2130 S. 96th Street Broomfield, Colorado 80200 Telephone (303) 666-6657 FAX 666-6743 Friday 23 October 1998 Bruce Nickerson, Town Planner Town of Firestone I P.O. Box 100 Firestone, Colorado 80520 Subject: Kurtz Resource Recovery and Land Development Project -Access Routes and Trail Considerations. Dear Bruce: Attached, find two copies of an aerial photograph of the Kurtz property that indicate the proposed access routes into that property from Colorado Highway 66. All images are ground truth and can be scaled to an accuracy equivalent to that of the survey information overlain on the image. As we discussed on Tuesday 6 October, access along Alternative A is the preferred route. Since this is within the right-of-way purchased by the Town of Firestone from the Union Pacific Railroad, this Alternative requires the approval of the Town, as well as Weld County Department of Public Works (WCPW) and the Colorado Department of Transportation (C-DOT). On 2 September 1998, we met with Gloria Hice-Idler, C-DOT, at the location to discuss access considerations. Our correspondence to Gloria of 7 October, as attached, reflects our present accord over Alternative Routes A, B, and C, as determined on 2 September. As stated, Gloria prefers Alternative A over that of the other routes indicated. We anticipate C-DOT will provide written concurrence with the 7 October abstract in the near future. WCPW will review the proposed routes at the time of the Special Review. Affirmation of this Alternative as an approved route by C-DOT and the Town of Firestone will no doubt ease the County's burden of review. The proposed design of the route will be submitted with the Weld County Special Review application. Any final comments from C-DOT and the Town of Firestone will be coordinated with WCPW to complete the approved design prior to completion of construction of the approved route. From our dialogue of 6 October, we concurred that the following considerations should to be included in the overall plan: 1. Provide a 50 foot allotment within the present right-of-way to accommodate future light rail transportation. 2. Accommodate a pathway on the West side of the completed access road for the Town of Firestone Trail System. It was established that scenic wildlife values and public safety are best secured from the elevated position of the existing right-of-way. The relationship of road and trail are Illustrated on the attached sketch. By placing the trail below the railroad grade, it forces the eye West to the wetlands, while avoiding the more mundane view to the East, while avoiding some of the influences of the County Road. Final road and trail design for the selected route is not shown, but will be submitted as Information develops. 3. Provide a means to assure the safety of traffic and pedestrians of cross-traffic of heavy equipment from resource recovery operations on-going In Sections 28 and 29 of the property. The town would not object to the possible closure of Weld County Road 17 South of Colorado Highway 66 to the Heavy Equipment crossing, for the period in which the crossing would be required. 4 An additional measure will be to increase the size of the existing culvert for the drainage coming from the Last Chance Ditch. This is necessary to prevent any future flooding from the ditch should a precipitation event or obstruction of the existing culvert occur. Since Varra Companies, Inc. will be assisting with the development and construction of the road and trail, some assistance in the establishment of the culvert from the Town and County will be welcomed. 5. The final consideration to finalizing the location of County Road 17, is to curve it away from the existing residences. This would increase the margin of safety presently accorded these residences, while adding interest to both road and trail. Naturally, we do not desire to misstate any element of this understanding. If any portion of our comments are inaccurate or incomplete, please clarify any remaining considerations. Based upon final disposition of any remaining considerations, we will present the matter in our Special Review application to Weld County, C-DOT, and the Town of Firestone Board of Trustees. We understand that final approval must occur from the Town Board, as well as C-DOT, and by approval of the Weld County Special Review application, prior to construction of the selected route at this location. If you need additional information or clarification, please contact us. Thank-you again for your time and kind consideration. Sincerely, Bradford Janes professional forester cc. Christopher L. Varra, President Varra Companies, Inc. Dave Lindsay, Town Engineer Town of Firestone 2 Exhibit N - Source of Legal Right to Enter 6.4.14 The source of the Operator's/Applicant's legal right to enter and initiate a mining operation on the affected land. A copy of the Deed to the subject lands is included under Exhibit O. EXHIBIT N - Source of Legal Right-to-Enter 1 Colorado Division of Mineral s& Geology Regular Impact 1.112] Construction Material Permit Sand Land, Inc. - Kurtz Resource Recovery &Development Project - January 1999 Varra Con Janies, Inc. 2130 S. 96th Street Broomfield, Colorado 80200 Telephone (303) 666-6657 1 August 1998 Jack and Jacqueline Varra 2130 South 96th Street Broomfield Colorado 80020 RE: Creation and submittal of a Colorado Division of Minerals and Geology [DMG1 permit, for your property located in Sections 28 and 29, Township 3 North, Range 67 West, 6th P.M., Weld County Colorado. Subject: AFFIDAVIT verifying that Varra Companies, Inc. is authorized legal right to enter and mine. Dear Mr. and Mrs. Varra: Your signature below acknowledges and authorizes Varra Companies, Inc. and its employees, as of 1 August 1998, legal right to enter and mine. If you need further information or clarification, please contact me. Thank-you for your cooperation. Sincerely, Varra Companies, Inc. Bradford Janes Fores er Ackno dged on this date by: , 4, Ve„,,,z- , Pa le (Jack) Varra, Owner Ja queline Varra, Owner Subscribed to and sworn before me this 619 giDay of , l Notary Public: ` My commission expires: 7-02O -q9 1 Varra Cork panies, Inc. 2130 S. 96th Street Broomfield, Colorado 80200 Telephone (303) 666-6657 1 August 1998 Sand Land, Inc. ATTN: Christopher L. Varra 2130 South 96th Street Broomfield Colorado 80020 RE: Creation and submittal of a Colorado Division of Minerals and Geology [DMG] permit, for your property located in Sections 28 and 29, Township 3 North, Range 67 West, 6th P.M., Weld County Colorado. Subject: AFFIDAVIT verifying that Varra Companies, Inc. is authorized legal right to enter and mine. Dear Mr. Varra: Your signature below acknowledges and authorizes Varra Companies, Inc. and its employees, as of 1 August 1998, legal right to enter and mine. If you need further information or clarification, please contact me. Thank-you for your cooperation. Sincerely, Acknowledged on this date by: Varra Companies, Inc. Sand Land, Inc. IL Bradford anes Chri opher L. Varra Forester President Subscribed to and sworn before me this�oZ�`�Day of 1 Notary Public: __ °.e�. A ) �d� My commission expires: 7-o20- 99 1 Exhibit P - Municipalities Within Two Miles 6.4.16 A list of any municipality(s)within two miles of the proposed mining operation and address of the general office of each municipality. Refer to Exhibit B - Index Map and Exhibit C-1: Pre-Mining Map. Mead Town Hall 441 3rd St. P.O. Box 626 Mead, CO 80542 Town of Firestone P.O. Box 100 Firestone, CO 80520 EXHIBIT P- Municipalities Within Two Miles 1 Colorado Division of Minerals &Geology Regular Impact [1.121 Construction Material Permit Sand Land,Inc. - Kurtz Resource Recovery & Development Project -January 1999 Exhibit Q - Proof of Mailing of Notices to County Commissioners & Soil Conservation District 6.4.17 Proof of actual delivery or proof of mailing by Certified Mail, return receipt requested, of Notice of the Application to the local Board of County Commissioners and, if the mining operation is within the boundaries of a Soil Conservation District, to the Board of Supervisors of the Soil Conservation District. Information required under this Rule is provided under separate cover with this submittal. EXHIBIT Q - Proof of Mailing of Notices to County Commissioners & Soil Conservation 1 District Colorado Division of Mineral s &Geology Regular Impact [112] Construction Material Permit Sand Land, Inc. - Kurtz Resource Recovery & Development Project - January 1999 Exhibit R - Proof of Filing with County Clerk or Recorder 6.4.18 An affidavit or receipt indicating the date on which the application was placed with the local County Clerk and Recorder. Information required under this Rule is provided under separate cover with this submittal. EXHIBIT R - Proof of Filing with County Clerk or Recorder I Colorado Division of Mineral s & Geology Regular Impact[1.1.21 Construction Material Permit Sand Land, Inc. - Kurtz Resource Recovery &Development Project -January 1999 Exhibit S - Permanent Man-Made Structures 6.4.19 Where the mining operation will adversely affect the stability of any significant, valuable or permanent man-made structure located within two hundred(200)feet of affected land, the applicant may either: a) provide a notarized agreement between the applicant and the person(s)having an interest in the structure, that the applicant is to provide compensation for any damage to the structure; or Please refer to part (b),below. b) where such an agreement can not be reached, the applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation. As indicated under Exhibit D: Mining Plan: The near extent of extraction is identified by a 25±foot variable line set back uniformly at 25±feet from the edge of property lines; and, the centerline of field located underground gas lines or other underground facilities, irrigation ditches and seep ditch, wells and other structures. Specific variations in the location of: stockpiles,boundaries of extraction, and related information relative to adjacent structures and easements; from that represented on Exhibit C-2: Mining Plan Map- Typical Extraction Limits,will be represented in a later,Exhibit C-3: Protection of Existing Facilities Plat, as developed and certified by a professional engineer. In the interim,the general format shown on Exhibit C-1: Pre-Mining Map has the proper certification for protection of structures located within 200 feet from the proposed extraction limits. 1 EXHIBIT S - Permanent Man-Made Structures Colorado Division of Mineral s & Geology Regular Impact [112] Construction Material Permit Sand Land, Inc. - Kurtz Resource Recovery & Development Project - January 1999 Rule 1.6.2(1)b - ADDENDUM 1 - Notice Requirements Information is provided under separate cover in conformance with the requirements of this Rule. Rule 1.6.2(1)b - ADDENDUM 1 - Notice Requirements 1 Colorado Division of Mineral s & Geology Regular Impact[1121 Construction Material Permit Sand Land, Inc. - Kurtz Resource Recovery & Development Project -January 1999 Rule 6.5 - Geotechnical Stability Exhibit (any required sections) No information required under Rule 6.5. There are no geotechnical issues involved under this consideration. Rule 6.5 -Geotechnical Stability Exhibit (any required sections) 1 Colorado Division of Mineral s& Geology Regular Impact [1.121 Construction Material Permit Sand Land, Inc. - Kurtz Resource Recovery&Development Project -January 1999 Hello