HomeMy WebLinkAbout20221774.tiffCOLORADO
Division. of Reclamation,
Mining and Safety
Department at Natural Resources
1313 Sherman St. Room 215
Denver, CO 80203
June 28, 2021
Mr. Joe Larnanna
Ready Mixed Concrete Company, LLC
11778 Highway 52
Fort Lupton, CO 80621
Re: Nix Sand & Gravel Mine, Permit A/12001-046, Amendment Approval, Revision AM01
Mr. Lainanna:
On June 28, 2021 the Division of Reclamation, Mining and Safety approved the Amendment application submitted to the
Division on March 9, 2021, addressing the following:
A11 01 will add 149.6 acres of affected area within the existing 307.2 acre permit boundary and modij5) the mining and
reclamation plans accordingly for a post mining land use of lined water storage..
The terms of the Amendment AMO1 approved by the Division are hereby incorporated into Permit M2O01-046. All other
conditions and requirements of Permit M20O1-046 remain in full force and effect.
As previously discussed, RMCC will be required to post the additional change in liability amount within 60 days of the date
on this letter. The revision will not be finalized until the required bond is posted and approved by the Division.
Bond Held:
Prior Liability:
Change in Liability:
Total Liability:
If you have any questions, please contact me.
Sincerely,
Eric C. Scott
Environmental Protection Specialist
$317,000.00
$317,000.00
$6,647,000.00
$6,964,000.00
1313 Sherman St. Room 215 Denver, CO 80203 P (303) 866-3567 F (303) 832-8106 https://drms.colorado.gov
Jared Polls, Governor I Dan Gibbs, Executive Director [ Virginia Brannon, Director
CIVIL RES URCES,LLC
ENGINEIERS S. PLANNERS
June 4th, 2021
Mr. Eric Scott
Division of Reclamation, Mining, and Safety
1313 Sherman Street, Room 215
Denver, Colorado 80203
RE: Preliminary Review of a 112 Construction Materials Reclamation Permit Amendment
Application Package AM01, I , Nix Gravel Mine, Permit M-2001-046; Response
Dear Mr. Scott:
This letter is being generated to satisfy the preliminary review dated May 6, 2021 for the Nix Gravel
Mine. The italicized items are the current comment and the bold text are the responses:
Mr. Oliver:
The Division of Reclamation, Mining, and Safety has completed its preliminary adequacy review of your 112
construction materials reclamation permit amendment application. The application was called complete for
review on March 19, 2021. All comment and review periods began on March 19, 2021. The decision date
for this application is June 17 2021. Please be advised that if you are unable to satisfactorily address any
concerns identified in this review before the decision date, it will be your responsibility to request an
extension of the review period. If there are outstanding issues that have not been adequately addressed
prior to the end of the review period, and no extension has been requested, the Division will deny this
application. In order to allow the Division adequate time to review your responses to any adequacy issues,
please submit your adequacy responses to the Division no later than one week prior to the decision date
(June 10, 2021).
Please note that any changes or additions to the application on fife in our office must also be reflected in the
public review copy, which has been placed with the Weld County Clerk and Recorder. Acknowledged
The review consisted of comparinthe application content with specific requirements of Rule 6.1, 6.2, 6.4
and 6.5 of the Minerals Rules and Regulations of the Colorado Mined Land Reclamation Board for the
Extraction of Construction Materials. As with most applications, Ni ere are items that will require clarification
of the existing information. Any inadequacies are identified under the respective exhibit heading.
APPLICATION FORM:
Page 3: Inspection Contact - Please provide an inspection contact as required or state that the inspection
contact information is the same as either the Applicant/Operator or Permitting Contact listed. Inspection
contact is the same as the Permitting Contact listed.
EXHIBIT - Legal Description (Rule 6.4.1): The legal description must identify all affected land and be
wholly adequate for field location of the property. It can be in the forty 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 he used.
Adequate as submitted
EXHIBIT B - Index Map (Rule 6.4.2): An index map showing the reglonal location of a!1 affected land and all
323 FIFTH STREET • P.O. Box 680 • FREDERICK, COLORADO 80530 • PHONE: 303.333.1416 • FAx: 3❑3.333.3350
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Mr. Eric Scott
June 4th, 2021
roads and other access to the area. A standard US. Geological Survey topographic quadrangle or
equivalent is acceptable. Scale criteria need not be followed for this map.
Adequate as submitted
EXHIBIT C - Pre -mining and Mining Plan Map(s) of Affected Lands (Rule 6.4.3): One or more maps may
be necessary to legibly portray the following information:
(a) all immediately adjacent surface owners of record;
(b) the name and location of all creeks, roads, buildings, oil and gas wells and fines, and power and
communication lines on the area of affected land and within two hundred (200) feet of all boundaries of
such area See comment below for item (g). A separate map may be utilized to show these features more
clearly if necessary. See attached Figure 2(Structures within 200').
(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;
(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");
(e) the type of present vegetation covering the affected lands; and
(f) in 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.
(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 (permit
boundary).
A brief review of existing aerial photographs of the area indicates that all permanent manmade features are
not identified on this map as required (Missing oil and gas features within 200' of permit, irrigation ditches,
above or below ground utilities, and structures located on the opposite side of Hwy 66 and WCR 1g....) A
separate map may be submitted showing the required information for all permanent structures on and within
200' of the affected land, which in this case is the permit boundary. See attached Figure 2(Structures
within 200'). The Division may provide additional detail with regard to this comment, our review of
permanent man made structures indicates the current submittal is complete.
(h) In conjunction with Exhibit I - Soils Information, Subsection 6.4.97 soils information may be presented on
a map in this section;
0) Aerial photos, if available, may be included in this section.
The operator will need to acknowledge that if any existing oil and gas features are removed from the permit
area, as stated at the start of Exhibit D, the mining and reclamation plan mapping for the site will be
appropriately updated through the Technical Revision process. Acknowledged.
EXHIBIT a - Mining Plan (Rule 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) earthrnoving;
The location(s) of Topsoil stockpiles have not been identified on the Mining Plan Maps, and only one
Overburden stockpile location has been shown. The rule requires segregation of topsoil from overburden
materials. What is the thickness/total volume of topsoil that will be salvaged from the permit area? Please
update mining plan maps as needed. This information is also critical for determining the push distances and
costs for replacing these materials during reclamation. Two additional topsoil stock piles have been
added to the Mine Plan Map(see attached). Topsoil will be segregated on one side of each of the
overburden stockpiles. Total topsoil requirements to reclaim disturbed areas above the high water
line and the siltation and freshwater ponds with 6" of overburden is 50,000 cubic yards. Assuming
6" of topsoil in place at the site, there is 168,000 cy of topsoil available in the mine area. See
attached updated Exhibit C and 1 Exhibit D.
(c) all water diversions and impoundments; and
(d) the size of area(s) to be worked at any one time.
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Mr. Eric Scott
June 4th, 2021
(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. You will 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 you from complying with the performance
standards of Section 3.1. Such timetable should include:
0) an estimate of the periods of time which will be required for the various stages or phases of the
operation;
'i/) a description of the size and location of each area to be worked during each phase; and
(iii) outlining the sequence in which each stage or phase of the operation will be carried out.
The Phase and Cell references in the Processing portion of the Mining Plan text do not seem to
correlate with the Cell designations shown on the provided figures — please revise as needed.
Stage2JCell3 mining is said to begin in southwest corner of the cell near the Nix house, but the house
appears to be located near the southeast corner of the cell — please correct as needed. See attached
Revised_Exhibit D_Mining Plan.pdf, the language has been corrected to state that mining in Stage
2(Cell 3) will begin in the SOUTH LAST corner of the cell by the Nix House.
(Timetables need not be separate and distinct from the mining plan, but may be incorporated therein.)
69 A map (in Exhibit C - Pm -Mining and Mining Plan Maps(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 ore body or deposit to be mined and the thickness and type of
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.
'g) identify the primary and secondary commodities to be mined/extracted and describe the intended use;
and
(h) name and describe the intended use of all expected incidental products to be mined/extracted by the
proposed
operation.
EXHIBIT E - Reclamation Plan (Rule 6.4.5):
(1) In preparing the Reclamation Plan, you should be specific in terms of addressing such items as final
grading (including drainage), seeding, fertilizing, revegetation (trees, shrubs, etc.), and topsoiling. You are
encouraged to allow flexibility in your plans by committing to ranges of numbers (e.g., V-12" of topsoil)
rather than specific figures.
(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 you. Reclamation shall be
required on all the affected land. The Reclamation Plans shall include:
(a) A description of the type(s) of reclamation you propose 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;
The applicant will need to commit at this time to reclaiming the unlined areas in the southwest corner
of the permit as backfilled and revegetated or lined as water storage. It seems the rest of the
application at this time considers them to be backfilled and revegetated. Whatever option is chosen will
need to be appropriately bonded for. If the operator wishes to revise the choice at a later time, they
may do so through the Technical Revision process. The unlined areas in the southwest corner of the
permit will be backfilled and revegetated. The language in Exhibit F has been revised to reflect this.
('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;
(c) A description of how the Reclamation Plan will be implemented to meet each applicable requirement
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Mr. Eric Scott
June 4th, 2021
of Section 3.1;
(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, forts, 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;
(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:
N 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.)
(f) A description of each of the following:
(i) Final grading - specify maximum anticipated slope gradient or expected ranges thereof;
The reclamation plan text states that reservoir slopes will be no steeper than 3:1, and the
provided reclamation plan maps show interior slopes of 4:1 for all lined excavations. The
Division has no objection to 4:1 interior slopes for the lined reservoirs, but would like
clarification as to how the operator intends to determine if 3:1 slopes or 4:1 slopes are
appropriate for the site. This interior sloping will also have a large impact on the amount of
material that will need to be replaced for the reclamation bonding, and the resulting costs.
DRMS will require calculations based on material required for 4:1 interior slopes, if that is
what will be utilized. RMCC at this time plans on mining the site at a 3:1 interior slope and reclaiming
with 3:1 interior slopes. RMCC may in the future determine to mine at a temporarily steeper slope
consistent with the submitted geotechnical stability report and reclaim with overburden in which
case the Mining and Reclamation plans will be updated through the Technical Revision process. The
Exhibits C, D, E and F have been updated to reflect 3:1 slopes.
(ic) Seeding - specify types, mixtures, quantities, and expected time(s) of seeding and planting;
The application refers to Exhibit F in several locations for this information, however it is not
present on either of the maps provided. Please provide the reclamation seed mix and rates as
required.
(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'.
EXHIBIT F - Reclamation Plan Map (Rule 6.4.6) : The map(,) 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
(b) Portrayal of the proposed final land use for each portion of the affected lands.
Please revise maps (if needed) to correspond with responses to comments on the Reclamation Plan above.
EXHIBIT G - Water Information (Rule 6.4.7):
(1) if the operation is not expected to directly affect surface or groundwater systems, a statement of that
expectation shall be submitted.
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Mr. Eric Scott
June 4th, 2021
(2) If the operation is expected to directly affect surface or groundwater systems, you 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; There are pond features located south of the mine, and perhaps an irrigation
ditch located immediately west of the mine, that are visible in aerial photos but not shown on the provided
maps — please correct as needed See attached Figure 2(Structures Within 200'). Note, however, that
slurry wall on the subject mining land is expected to preclude any significant effect of operations on
groundwater systems in the area.
(b) Identify all known aquifers; and
(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.
(3) You must provide an estimate of the project water requirements including flow rates and annual
volumes for the development, rnihing and reclamation phases of the project.
This section specifically mentions evaporative loss from dewatering trenches, but does not clearly mention
anywhere evaporative losses from the unlined sediment and fresh water ponds located in Phase 1. Surface
areas of these ponds has also not been stated in the application or provided maps. Please correct as
needed. Surface areas for the ponds is approximately 27 acres total. This section has been updated
to include evaporative losses from the unlined sediment and freshwater ponds in Phase 1. See
attached updated Exhibit G.
(4) You must indicate the projected amount from each of the sources of water to supply the project water
requirements for the mining operation and reclamation.
(5) You must 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. Please show the location of the CDPHE permitted discharge
point discussed on the mining plan map. See attached updated Mining Plan Map with the locations of
the 3 cDPHE discharge points located northwest of Cell 4, south west of Cell 4 and northwest of Cell
in Exhibit E, section 3.1.7 Groundwater, the applicant has committed to complying with the applicable
standards for classified and unclassified groundwater. However, only one of these conditions will apply to
the site, and no information has been provided as to how this will occur. Is the permit within a classified
groundwater area or will the WQCC Rule 41 Tables 14 Interim Narrative Standards (INS) for Groundwater
apple to this site? if INS applies (which is likely the case) no data showing ambient pm -mining groundwater
conditions (levels or quality) has been provided, and no monitoring plan has been provided to detail how
water levels and water quality will be observed and maintained through the life of the mine. The permit area
is not located in a classified groundwater area and the Interim Narrative Standards for groundwater
apply to the site.
The only, depiction of monitoring wells provided at this time appears to be on the Reclamation Maps,
however there appear to be some large gaps between some of the locations shown. Is there any water
level or chemistry data available for these wells? DRMS normally requires at least 5 quarters of water level
monitoring prior to installation of slurry walls or dewatering activity to determine ambient conditions.
Please submit a monitoring plan to detail where and how water levels and chemistry will be monitored to
document that impacts to the prevailing hydrologic balance will be minimized and mitigated if necessary.
These impacts may include off site impacts to existing water levels and water wells (mounding or shadowing
due to slurry wall installation or unlined fresh water ponds) and potential corrective measures. The plan
should also document how applicable standards for groundwater quality will be documented and
maintained. See attached monitoring plan and updated Exhibit G. Water levels for wells 1-8 have
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Mr, Eric Scott
June 4th, 2021
been collected monthly by RMCC since August 2019. Water levels will continue to be collected
monthly for the life of the mine. Water levels on wells 9 through 12 were drilled in the later part of
2019 and water levels have been collected since January 2020.
EXHIBIT H - 4 Uifdlife Information (Rule 6.4.8):
(1) In developing the wildlife information, you may wish to contact the local wildlife conservation officer. You
must 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
fists; and
(d) a description of the general effect during and after the proposed operation on the existing wildlife of
the area, including but not limited to temporary and permanent loss of food and habitat, interference with
migratory routes, and the general effect on the wildlife from increased human activity, including noise.
Adequate as submitted
EXHIBIT I - Soils Information (Rule 6.4.9): In consultation with the Soil Conservation Service or other
qualified person, you must indicate on a map (in Exhibit C) or by a statement, the general type, thickness
and
distribution of soil over the affected land. Such description will address suitability of topsoil (or other
material)
for establishment and maintenance of plant growth. The above information shall satisfy "completeness"
requirements for purposes of determination of date of filing.
Adequate as submitted
EXHIBIT ! - Vegetation Information (Rule 6.4.10):
(1) You must 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 fife -form represented (le., trees, tall shrubs, low shrubs, grasses, forbs);
(b) the relationship of present vegetation types to soil types, or alternatively, the information may be
presented on a map; and
(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 choice of reclamation is for range or
agriculture.
(2) You must show the relation of the types of vegetation to existing topography on a map in Exhibit C. In
providing such information, you may want to contact the local Soil Conservation District.
Adequate as submitted
EXHIBIT K - Climate (Rule 6.4.11): Provide a description of the significant climatological factors for the
locality.
Adequate as submitted
EXHIBIT L - Reclamation Costs (Rule 6.4.12): All information necessary to calculate the costs of
reclamation must be submitted and broken down into the various major phases of reclamation. You must
provide sufficient information to calculate the cost of reclamation that would be incurred by the state.
The reclamation estimate provided is missing several significant items:
Seed mix and seeding rate. Seed mix has been included on the Reclamation Plan Map. The seeding
rate will be 12 pounds per acre.
Acres requiring 12" topsoil and seeding surrounding the lined reservoirs for each reclamation option. There
are approximately 62 acres that will need 6" of topsoil and seeding surrounding the lined reservoirs
and the siltation and freshwater ponds or 50,000 cubic yards. Assuming 6" of topsoil for reclamation
at the site, the quantity of topsoil in the mine area is 168,000 cubic yards. Since RMCC plans on
using an upland grass seed mix, 6" of topsoil should be adequate to establish and maintain the
ground cover appropriate to the designed post -mining use of developed water storage.
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Mr. Eric Scott
June 4th, 2021
Demonstration that enough material will be available on -site to backfill the fresh water and sediment ponds
at the end of mining, and where it will be staged. (at a minimum, material volume and push distances are
required for DRMS bond calcs for all earthmoving) Demonstration that enough material will be available on-
site to reconstruct interior slopes in fined reservoir areas for each reclamation option and where it will be
staged. Cost to reconstruct interior slopes (4:1? for fined reservoirs for each reclamation option.
Basis for slurry wall unit costs utilized in the provided estimate — if RMCC already has awarded contracts for
this work that might be sufficient, otherwise additional information will be needed. Listing of equipment to be
utilized to complete needed tasks (scraper, dozer, grader, water truck, etc). DRAB will verify the required
bond when the information requested is provided and all remaining adequacy issues have been resolved.
RMCC plans on mining and reclaiming the interior slopes at a 3:1 slope eliminating the need for
material. If at a later time, RMCC decides to mine at a steeper slope and reclaim with overburden or
claystone the Mining Plan and Reclamation Plan will be updated through the Technical Revision
process. There is approximately 1,100,000 cy of material required to back fill the siltation and
freshwater ponds to existing grade, with the option to place additional material in the same
footprint There is anticipated to be 2,434,000 cy of overburden at the site. Overburden stockpiles
have been updated on the attached Mining Plan Map.Since slurry wall construction on the south
slurry wall is not planned for more than 5 years, RMCC plans to update the bond to include the
south slurry wall prior to starting construction.
EXHIBIT M - Other Permits and Licenses (Rule 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 darn, 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.
Adequate as submitted
EXHIBIT N - Source of Legal Right to Enter (Rule 6.4.14): You must provide the source of your legal right to
enter and initiate a mining operation on the affected land.
Adequate as submitted
EXHIBIT -Owner(s) of Record of Affected Land (Surface Area) and Owners of Substance to be Mined
(Rule 6.4.15): Please submit a complete list of all owners or show the owners on your map in Exhibit C.
Adequate as submitted
EXHIBIT P - Municipalities Within Two Miles (Rule 6.4.16) : Please list any municipality(s) within two miles
of the proposed mining operation and address of the general office of each municipality.
Adequate as submitted
EXHIBIT - Proof of Mailing of Notices to County Commissioners and Soil Conservation District (Rule
6.4.17) : Please submit proof of actual delivery or proof of mailing by Certified Mail, return recent 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.
Adequate as submitted
EXHIBIT R - Proof of Filing with County Clerk and Recorder (Rule 6.4.18): You must submit an affidavit
or receipt indicating the date on which the application was placed with the local County Clerk and Recorder.
Adequate as submitted
EXHIBIT S - Permanent Man -Made Structures (Rule 6.4.19): Please note that roadways and above -ground
or underground utilities (if present) within 200 feet of the proposed affected area are considered permanent
man-made structures. In accordance with Rule 6.4.19, when mining operations will adversely affect the
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Mr. Eric Scott
June 4th, 2021
stability of any significant, valuable and permanent man-made structure located within 200 feet of the
affected area, 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
(b) Where such an agreement cannot 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. Tease provide evidence (certified letter to structure owners) that a notarized agreement between
the structure owners and the applicant was pursued. If an agreement is unable to be reached a geotechnical
assessment may be provided to demonstrate that the structures shall not be damaged.
You must provide information sufficient to demonstrate that the stability of any structures located within two
hundred (200) feet of the operation or affected land will not be adversely affected.
The information provided to -date detailing all structures/utilities/easements and owners inside or within 200'
of the permit boundary is incomplete/inadequate/inconsistent. Please provide a separate map and table
clearly depicting this information. Additional clarification regarding property owners within 200' of the permit
would also be very helpful.
DRMS notes that an email was recently received by the Division (April 0, 2021) containing a number of
certified mail receipts, however, there was no way to verify if these mailings were notice to surrounding
property owners within 200' of the permit (if so - it seems that several were missing based on the Existing
Conditions Map such as Dixie Water, 4 Leaf Klover, Ralph Nix Produce, Weld County Road and Bridge,
etc), or if they were notarized structure agreements for structure owners as required by Exhibit S. The
structures/owners fisted in Exhibit S do not seem to coordinate fully with the information on the Existing
Conditions Map or the Certified Mail receipts provided (Collins Construction, Occidental Petroleum, DCP,
United Power, etc.?) These certified mail receipts were proof of notice to the surrounding property,
owners within 200' of the permit. Dixie Water and Weld County Road and Bridge have been
notified(See attached certified mail receipts). 4 Leaf Klover has split in to two properties owned by
Jose Rios and Silo Properties, both of who have been notified. Ralph Nix Produce's agent is Jerry
Nix who has been notified. See attached Figure 1(Property► Owners Within 200')
Notices to surrounding property owners within 200' of the permit, and providing all structure owners on and
within 200' of the permit with notarized damage waiver agreements are critical components of the permit
notice process. DRMS cannot guess or assume based on the limited and inconsistent information provided
to date if this has been properly completed. The applicant will need to provide clear maps/tables for each
type of notice, and a clear demonstration that the appropriate notices were sent and delivered as required.
Structure owners have been contacted in the period since the initial submittal, see attached Figure
2(Structure Owners Within 200') and certified mail receipts.
Additional Information: You will also need to provide the Division with proof of notice publication as well as
proof of notice to surrounding property owners within 200' of the permit. Any letters from other commenting
agencies/entities received by the Division to date have been included with this correspondence for you to
review.
Included in this response is:
A copy, of all the 200' spacing and structure agreement proof of mailings.
Figure 1(Properties Within 200')
Figure 2(Structures Within 200')
- Groundwater Monitoring Plan
- Groundwater Monitoring Table
- Updated Exhibit D Mining Plan
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Mr. Eric Scott
June 4th, 2021
- Updated Exhibit C Mine Plan Map
Updated Exhibit E Reclamation Plan
- Updated Exhibit F Reclamation Plan Map
- Updated Exhibit G Water Info
Updated Exhibit L Reclamation Costs
Please feel free to contact me with any questions or concerns.
CIVIL RESOURCES, LLC
Kyle Regan
J:\Brannan\Nix\DRMS-AMENDMENT\Adequacy Review\Adq-1-2001-046_AM01.dec
STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: (303) 866-3567
FAX: (303) 832-8106
APPLICABILITY:
CONSTRUCTION MATERIAL
REGULAR (112) OPERATION
RECLAMATION PERMIT APPLICATION PACKAGE
COLORADO
DIVISION OF
RECLAMATION
MINING
COLORADO
DIVISION O F
RECLAMATION
MINING
N I N G
SAFETY
This application package is for a construction materials operation which affects 10 acres or more.
If you plan to conduct a construction materials extraction operation which meets these criteria, please follow the instructions
provided in this package, in the Rules and Regulations, and in the Colorado Land Reclamation Act for the Extraction of
Construction Materials, as required.
RECOMMENDATIONS PRIOR TO FILING:
The Construction Material Rules and Regulations (the Colorado Land Reclamation Act for the Extraction of Construction
Materials, Section 34-32.5-101, et seq., C.R.S., ., and 2 CCR 407-1) and the Colorado Mined Land Reclamation Board (the
"Board") regulate the permitting, operational and reclamation requirements for all construction material extraction operations in
Colorado. It is your obligation to comply with the Act and Regulations. You are encouraged to obtain and review a copy of the
Rules, available for $8.00 from the Division of Reclamation, Mining, and Safety (the "Office"). In order to submit your
application properly, it is recommended that you review the Act and:
Rule 1.1
Rule 1.4.1
Rule 1.4.5
Rule 1.6
Rule 3.1
Rule 3.3.1
Rule 4
Rule 6
Rule 6.2
Rule 6.4
Rule 6.5
Definitions;
Application Review and Consideration Process;
Specific Requirements for Regular 112 Operations;
Public Notice Procedures;
Reclamation Performance Standards;
Operating without a Permit - Penalty;
Performance Warranties and Financial Warranties;
Permit Application Exhibit Requirements;
General Requirements of Exhibits;
Specific Permit Application Exhibit Requirements; and
Geotechnical Stability Exhibit.
It is recommended that you contact the agencies listed in the application section titled "Compliance With Other Laws" prior to
submitting the application to the Office .
Office of
Mined Land Reclamation
Office of
Denver • Grand Junction • Durango Active and Inactive Mines
FILING REQUIREMENTS:
In order to apply for a Reclamation Permit for a Regular 112 Operation, please provide:
One (1) signed and notarized completed ORIGINAL and one (1) copy of the completed original Regular 112
Operation Application Form. ORIGINAL SIGNATURES MUST BE DONE IN BLUE INK.
o Two (2) copies of Exhibits A -S (required sections described in Rule 6).
o Two (2) copies of Addendum 1- Notice requirements (described in Rule 1.6.2(1)(b)). A sample of this notice is
attached for your use.
The Geotechnical Stability Exhibit when required by the Division.
o The application fee.
The ninety (90) day period for review of the application and exhibits will NOT begin until all required information and fee are
submitted. The Office will then review the submitted information for adequacy.
NOTICE REQUIREMENTS:
1. You MUST send a notice, on a form approved by the Board, to the local board of county commissioners. A
copy of this "Notice of Filing Application" form is attached for your use.
2. If the mining operation is within the boundaries of a conservation district, send a notice to the board of
supervisors of the conservation district, PRIOR to filing the application. A copy of this "Notice of Filing
Application" form is attached for your use.
3. You MUST include proof of notice #1 and #2 above with the application at the time the application is
submitted to the Office for filing (Rule 1.6.2(1)(g)).
4. PRIOR to filing the application, place for public review a copy of the application, less confidential items, with
the clerk or recorder of the county or counties in which the affected land is located.
5. You MUST include an affidavit or receipt demonstrating that the application was filed with the county clerk
or recorder at the time the application is submitted to the Office for filing.
6. Any changes or additions made to an application submittal MUST be filed with the county clerk or recorder.
You MUST also provide the Office with an affidavit or receipt demonstrating that the change was filed with the
county clerk or recorder no later than the close of business on the day the change was filed with the Office
(Rule 1.8.1(2)).
7. Within ten (10) days after your application is considered filed, you must publish four times in a newspaper of
general circulation, in the locality of the proposed mining operation, the notice described in Rule 1.6.2(1)(d).
8. In addition, after the first publication you must mail or personally serve a copy of the notice described in
Rule 1.6.2(1)(d) to all owners of record of surface rights to the affected land and all owners of record of lands that
are within 200 feet of the boundary of the affected land (Rule 1.6.2(1)(e)). A copy of a form which includes all
required information for the notice is attached for your use.
9. Prior to the Office making a decision (consideration of the application), you MUST submit a copy of the proof
of publication from the newspaper and proof of all required notices. Proof of the notices may be by submitting
copies of return receipts of a certified mailing or by proof of personal service (Rules 1.4.1(4), 1.4.2(4)(c),
1.6.2(1)(a)(ii), and 1.6.2(1)(g)).
The copy of the application and any changes or additons placed at the office of the county clerk or recorder shall NOT be
recorded, but shall be retained there for at least sixty (60) days after a decision on the application by the Office and be
available for inspection during this period. At the end of this period, the application may be reclaimed by the applicant or
destroyed (Rule 1.6.2(2)).
APPLICATION REVIEW PROCEDURES:
The Office shall approve or deny the application within ninety (90) days of filing unless the date for consideration by the
Office is extended pursuant to Rule 1.8. The time for consideration shall not be extended beyond ninety (90) days after the last
such change submitted. For complex applications, the review period may be extended an additional sixty (60) days. Please
see Rule 1.1(10) for the definition of what constitutes a complex application.
APPLICATION APPROVAL/DENIAL:
If the requirements of the Act and Mineral Rules have been satisfied, the Office will approve the application. The Act also
provides for automatic approval if no action is taken by the Office by the end of the review period.
If the Act and Regulation requirements have not been satisfied, the Office will deny the application. If the Office denies the
application, you may appeal to the Board for a final determination by submitting a written request for administrative appeal to
the Board within 60 days of the decision date (Rule 1.4.7).
PERFORMANCE AND FINANCIAL WARRANTIES:
A performance warranty, and a financial warranty dollar amount determined during the application review process, must be
submitted and approved by the Office PRIOR to permit issuance. A financial warranty should NOT be submitted until a
decision on the application has been made. If the applicant is a unit of state or county government, then ONLY a performance
warranty is required.
Several different types of financial warranties are allowed by the law. Please review Rule 4.0 to determine which type of
financial warranty you desire to use. You may obtain the appropriate warranty forms from the Office during the application
review period.
Please note that an application approval DOES NOT convey a right to begin operations. You MUST submit, and have
approval of your performance and financial warranties, and receive your copy of the signed permit document PRIOR to
beginning on -site mining activity.
AUTOMATIC PERMIT APPROVAL:
An automatic approval will occur where the Office fails to notify the applicant/operator that the application has been denied.
This decision must be made ninety (90) calendar days from the date the application was determined to have been filed.
However, the performance and financial warranties must be submitted and approved by the Office before the permit will be
issued even if you receive an automatic approval. NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT IS
ISSUED (Section 34-32.5-109(1), C.R. S.).
-iv -
COMPLIANCE WITH OTHER LAWS:
Compliance with the Act and Rules and Regulations of the Mined Land Reclamation Board DOES NOT relieve you of your
responsibility to comply with all other applicable state and federal laws. We recommend that you contact the following
agencies to determine whether you need to comply with their legal requirements:
O The Colorado State Historical Preservation Office regarding properties of historical significance including the need for
an archeological survey, procedures for requesting a file search, and inventory forms to identify structures.
O Colorado Division of Water Resources with regard to water rights;
O Colorado Department of Health, Water Quality Control Division, with regard to the discharge of pollutants into the State
waters;
O Colorado Department of Health, Air Pollution Control Division, with regard to the need for a fugitive dust permit;
O U.S. Bureau of Land Management or the U.S. Forest Service if the proposed operation will occur on federal lands;
O U. S. Army Corps of Engineers regarding a dredge and fill (404) permit; and
O The County Planning Department for the county or counties in which your proposed operation is located.
Section 34-32.5-109(3), C.R.S, requires a mining operator to be responsible for assuring that the mining operation and
the post -mining land use comply with local land use regulations and any master plan for extraction adopted pursuant to
Section 34-1-304, C.R.S.
COMPLETION OF MINING:
Upon completion of any phase of reclamation, you should consult Rule 3.1 for reclamation standards and 4.16 for details on
how to request a reclamation responsibility release from the Board.
STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St. Room 215
Denver, Colorado 80203
Phone: (303) 866-3567
FAX: (303) 832-8106
CHECK ONE:
CONSTRUCTION MATERIALS
REGULAR (112) OPERATION
RECLAMATION PERMIT APPLICATION FORM
There is a File Number Already Assigned to this Operation
COLORADO
DIVISION OF
RECLAMATION
MINING
SAFETY
Permit # M2&°l Q46 - (Please reference the file number currently assigned to this operation)
New Application (Rule 1.4.5)
Conversion Application (Rule 1.11)
Amendment Application (Rule 1.10)
Permit # M 2001 046 - (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 ORIGINAL and one (1) copy of the completed
application form, two (2) 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 8 112" X 14" size. To expedite processing, please provide the information in the format and order described in this form.
GENERAL OPERATION INFORMATION
Type or print clearly, in the space provided, ALL information requested below.
1 Applicant/operator or company name (name to be used on permit): Ready Mixed Concrete Company, LLC
1.1 Type of organization (corporation, partnership, etc.): Limited Liability Company
2. Operation name (pit, mine or site name): Nix Gravel Mine
3. Permitted acreage (new or existing site):
31 Change in acreage (+)
3.2 Total acreage in Permit area
4. Fees:
41
4.2
4.4
4.5
New Application
New Quarry Application
Amendment Fee
Conversion to 112 operation (set by statute)
overburden
5. Primary commodities) to be mined:
Sand and gravel
5.1 Incidental commoditie(s) to be mined: 1. Gold lbs
3. 1 lbs/Tons/yr 4. 1 lb s1T ons/yr 5.
5.2 Anticipated end use of primary commodities) to be mined:
Construction aggregate
None Anticipated
307.2
0
307.2
$2,696.00
$3,342.00
$2,229.00
$2,696.00
permitted acres
acres
acres
application fee
quarry application
amendment fee
conversion fee
5.3 Anticipated end use of incidental commoditie(s) to be mined:
lbs/Tons/yr 2.
1
1
lbs/T onslyr
lbs/Tons/yr
6. Name of owner of subsurface rights of affected land: Ready Mixed Concrete Company, LLC
If 2 or more owners, "refer to Exhibit O".
7. Name of owner of surface of affected land: Ready Mixed Concrete Company, LLC
J
8. Type of mining operation: Surface Underground
9
Location Information: The center of the area where the majority of mining will occur:
COUNTY: Weld
PRINCIPAL MERIDIAN (check one) :
I"
SECTION (write number) :
TOWNSHIP (write number and check direction)
RANGE (write number and check direction) :
QUARTER SECTION (check one):
QUARTER/QUARTER SECTION (check one):
6th (Colorado)
s 28
T
R
1
10th (New Mexico)
3 141
67
NE
North I 1 South
East _I- West
NE
NW
SE
SE
SW
SW
Late
GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation):
Approximately 4 miles west of Platteville; elevation approximately 4800'
10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTIVI):
Latitude/Longitude:
Example: (N) 39° 44' 12.98'►
(W) 104° 59' 3.87"
Latitude (N): de 40 min 12 sec 2 .0 (2 decimal places)
g p )
104
Longitude (W): deg min 53
sec 9 .58 (2 decimal places)
OR
Example: (N) 39.73691°
(W) -104.98449°
Latitude (N) (5 decimal places)
Longitude(W) . (5 decimal places)
OR
Universal Tranverse Mercator (UTM)
Example: 201336.3 E NAD27 Zone 13
4398351.2N
s ecif NAD27, NAD83 or WGS 84) Nad 83 Zone 13
UTM Datum
(specify
Easting
Northing
11. Correspondence Information:
APPLICANT/OPERATOR (name, address, and phone of name to be used on permit)
Contact's Name: ael..laa Title: General Manager
Company Name: Ready Mixed Concrete Company
Street/P.O. Box: 11778 Highway 2 P.O. Box:
City: Fort Lupton
State: CO Zip Code: 80621
Telephone Number: (70 ) - X82-34
4
Fax Number: ( ) -
PERI,rIITTINO CONTACT (if different from applicant/operator above)
Contact's Name: Joshua C}liver Title:
Company Name: Ready Mixed Concrete Company
Street/P.O. Box: 2500 East Brannan Way P.O. Box:
City: Denver
State: CO Zip Code: 80530
Telephone Number: (303 ) - 853-5159
Fax Number: ( ) -
INSPECTION CONTACT
Contact's Name: Title:
Company Name:
Street/P.O. Box: P.O. Box:
City:
State: Zip Code:
Telephone Number: ( ) -
Fax Number: ( ) -
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( ) -
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State:
Telephone Number:
Zip Code:
( )
4
12. Primary future (Post -mining) land use (check one):
Cropland(CR)I Pastureland(PL)
� )
Rangeland(RL) I Forestry(FR)
Residential(RS) I Recreation(RC)
Developed Water Resources(WR)
13. Primary present land use (check one):
i
Cropland(CR)
_ Rangeland(RL)
Residential(RS)
i _
Pastureland(PL)
Fore stry(FR)
Recreation(RC)
Developed Water Resources(WR)
General Agriculture(GA)
Wildlife Habitat(WL)
Industrial/Commercial(IC)
Solid Waste Disposal(WD)
General Agriculture(GA)
Wildlife Habitat(WL)
Industrial/Commercial(IC)
14. Method of Mining: Briefly explain mining method (e.g. truck/shovel):
Dry mining and screening, earth moving scrapers, dozers and excavators, haul trucks
15. On Site Processing:
Crushing/Screening
13.1 Briefly explain mining method (e.g. truck/shovel):
Dry mining and screening, earth moving scrapers, dozers and excavators, haul trucks
List any designated chemicals or acid -producing materials to be used or stored within permit area:
16. Description of Amendment or Conversion:
If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s).
Amendment to add approximately 149.6 acres known as Cell 3, which is already included within
the DRMS permit boundary, to the mining and reclamation plan. Additionally, amending the
mining method to dry mining within installed slurry walls. Reconfiguration of access and
processing areas.
Maps and Exhibits:
Two (2) 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-, 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 two (2) signed application forms, you must submit a corresponding set of the maps and exhibits as described in the
following references to Rule 6.4, 63, and 1.6.2(1)(b):
EXHIBIT A
EXHIBIT B
EXHIBIT
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT H
EXHIBIT I
EXHIBIT J
EXHIBIT K
EXHIBIT L
EXHIBIT M
EXHIBIT N
EXHIBIT 0
EXHIBIT P
EXHIBIT Q
EXHIBIT R
EXHIBIT
Rule 1.6.2(1)(b)
Rule 63
Legal Description
Index Map
Pre -Mining and Mining Plan Map(s) of Affected Lands
Mining Plan
Reclamation Plan
Reclamation Plan Map
Water Information
Wildlife Information
Soils Information
Vegetation Information
Climate Information.
Reclamation Costs
Other Permits and Licenses
Source of Legal Right -To -Enter
Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined
Municipalities Within Two Miles
Proof of Mailing of Notices to County Commissioners and Conservation District
Proof of Filing with County Clerk or Recorder
Permanent Man -Made Structures
ADDENDUM 1 - Notice Requirements (sample enclosed)
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 63 and
Rule 1.6.2(1)(b) of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required,
or would like to schedule a pre -application meeting you may contact the Office at 303-866-3567.
Res
ionsibillities 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
r t understand these obligations then please contact this Office for a full explanation.
1. Your obligation to reclaim the site is not limited to the amount of the financial warrant, 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 revoked and financial warranty is forfeited;
24 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;
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;
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;
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,
e. 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.
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 permit is issued.
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 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.
-7 -
NOTE TO COM ENTO /OBE TORS:
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.
County of C1/4.44.03,iy,_
Certification:
As 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 ofmy 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), CRISP).
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.
This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112, .R.., of the Colorado Land
Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any
permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating
without a permit pursuant to section 34-32.5423, C.R.S.
Signed dated this aS
Appl i c.a it
Signed:
Title
day of F"
me
State of CA--CasictAC)
}
ss.
20e2pa
If Corporation Attest (Seal)
Signed:
Corporate Secretary or Equivalent
Town/City/County Clerk
The foregoing instrument was acknowledged before me this day of - W
dalitby -C \( .+'` b as CRof
APRIL DALE?
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20184033354
MY COMMISSION EXPIRES 00/21/2022
Nota y Public
icvLibiat,r3
a De
My Commission expires:
SIGNATURES MUST BE IN BLUE INK
Shadi-aa
La LC.
You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a
NIX GRAVEL MINE
DRMS 112 PERMIT AMENDMENT
M-2001-046
PREPARED FOR:
Ready Mixed Concrete Company
2500 East Brannan Way
Denver, CO 80229
PREPARED BY:
Civil Resources, LLC
323 5t" Street
P.O. Box 680
Frederick, CO 80530
303.833.1416
DATE SUBMITTED: FEBRUARY, 2021
CIVIL RES URCES,LLC
ENGINEERS & PLANNI=RS
TABLE OF CONTENTS
Page
Introduction 1
ExhibitA: Legal Description
Exhibit B: Index Map 4
Exhibit C: Pre -Mining and Mining Plan Maps of Affected Area 6
Exhibit D: Mining Plan 11
Exhibit E: Reclamation Plan 15
Exhibit F: Reclamation Plan Map20
Exhibit G: Water Information
Exhibit H: Wildlife Information 25
Exhibit I: Soils Information 36
Exhibit J : Vegetation Information 37
ExhibitK: Climate Information33
ExhibitL: Reclamation Costs39
Exhibit II: Other Permits and Licenses41
ExhibitN: Source of Legal Right to Enter42
Exhibit O: Owners of Record of Affected Land and Owners of Substance to be Mined55
Exhibit P: Municipalities Within Two Miles6
Exhibit Q: Proof of Mailing of Notices to County Commissioners and Conservation District57
Exhibit R: Proof of Filing with County Clerk or Recorder 60
Exhibit S: Permanent Man -Made Structures......62
List of Attachments
Attachment A Nix Stability Analysis 64
Nix - Gravel Mine- MLRB 112 Permit Amendment.
INTRODUCTION
The Nix Gravel Mine is an existing, approved Reclamation Permit (M-2001-046).
Based on changes since the original review of this operation, this Amendment is intended to
reestablish appropriate techniques and the extent of mining. To assist in this review, all exhibits
have been updated, though the ability to conduct mining operations and the general scale of sand
and gravel recovery are consistent with the previously approved, standing permit for the mine.
This review process is expected to define permit conditions, if any, for all phases and all mining
operations in the future. Since the time of original permitting, hydrology, oil and gas standards
under the Colorado Oil and Gas Conservation Commission and many other aspects of the site and
operation have changed or been updated.
Nix - Gravel Mine — MLRB 112 Permit Amendment Application
Exhibit A -
Page 1 of 126
EXHIBIT A LEGAL DESCRIPTION
This information provided in this Exhibit is intended to satisfy the requirements outlined in Section
6.4.1 of the Colorado Mined Land Reclamation Board Construction Material Rules and
Regulations:
LAND PARCEL DESCRIPTION
1. The NE1/4 and NW 114 of the SEIM of Section 28, Township 3 North, Range 61 West, 6th
P.M., County of Weld, State of Colorado/
EXCEPTING THEREFROM a parcel of land conveyed to The Department of Highways,
State of Colorado by Deed recorded December 5, 1951 in Book 1491 at Page 158, more
particularly described as follows:
The N112 of the NE1/4 of Section 28, Township 3 North, Range 67 West of the 6th P.M., in
County of Weld, State of Colorado, said tract or parcel being more particularly described
as follows:
Beginning at a point on the East line of Section 28, Township 3 North, Range 67 West,
from which point the Northeast corner of Section 28 bears North 0 degrees 32 minutes
West, a distance of 90 feet;
1 thence along the East line of Section 28, North 0 degrees 32 minutes West, a
distance of 90 feet to the Northeast corner of Section 28;
2. thence along the North line of Section 28, North 89 degrees 49 West, a
distance of 2,590.0 feet to the Northwest corner of the NE1/4 of Section 28
3. thence along the West line of the NE1/4 of Section 28, South 0 degrees 24
minutes East, a distance of 40.0 feet;
4. thence South 98 degrees 49 minutes East, a distance of 2512.1 feet;
5. thence South 45 degrees 10 minutes 30 seconds East, a distance of 71.2 feet
to a point on the existing West County Road right of way;
. thence South 89 degrees 49 minutes East, a distance of 28.0 feet, more or
less, to the point of beginning.
ALSO EXCEPTING a parcel of land located in part of the SE114 NE1/4 of Section 28,
Township 3 North, Range 67 West, 6th P.M., County of Weld, State of Colorado and being
more particularly described as:
Considering the North line of the NE1/4 of said Section 28 to bear South 89 degrees 34
minutes 43 seconds East, as monumented and shown on the plat, and all bearings
contained herein relative thereto:
Beginning at the East Quarter corner of said Section 28;
Thence North 00 degrees 17 minutes 32 seconds West, 271.48 feet along the East line of
said section 28 to a point;
Thence South 89 degrees 42 minutes 28 seconds West, 325.40 feet;
Thence South 00 degrees 17 minutes 32 seconds East, 287.08 feet to a point of the South
line of the NE1/4 of said Section 28;
Thence South 89 degrees 31 minutes 05 seconds East, 325.45 feet to the point of
beginning.
Also known as street and number as: vacant land.
Assessor Tax Parcel: 120928000011
Nix - Gravel Mine MLRB 112 Permit Amendment Application
ExhibitA-2
Page 2 of 126
. The WI/4 of the E1/4 and the 51/2 of the WI/4 of Section 28, Township 3 North,
Range 67 West, t, 6th P.M., County of Weld, State of Colorado
Also known as street and number as 8133 County Road 28, Platteville, Colorado 80651
Assessor Tax Parcel: 120928000006
PERMIT BOUNDARY AND AFFECTED LAND
SEE COVER SHEET AND DRMS PLANS (ATTACHED) FOR LOCATION OF AFFECTED LAND
WITHIN THE PERMIT AREA.
Nix - Gravel Mine — MLRB 112 Permit Amendment Application
Exhibit A -
Page 3 of 126
EXHIBIT B - INDEX MAP
N i - Gravel Mine — MLRB 112 Permit Amendment Application
Exhibit B I
Page 4 of 126
3:\BRANNAN\NIX\DRAWINGS \S HEFTS \,D RMS_COVER_IND EXMAPS.UWG
LLC
READY MIXED CONCRETE COMPANY
NIX GRAVEL MINE
CIVIL RES1)4JRCES,
DATE:
FEBRUARY, 2021
FIGURE:
1
Page 5 of 126
GENERAL LOCATION MAP
EXHIBIT C - PRE -MINING AND MINING PLAN MAPS OF AFFECTED AREA
Please refer to the attached Existing Conditions Map, Mining Plan Map and Alternate Mining Plan Map
which include a typical cross-section of the proposed respective mine slope.
Nix - Gravel Mine - MLRB 112 Permit Amendment
Exhibit
Page 6 of 126
NIX DRMS AMENDMENT M-2001-046
READY MIXED CONCRETE COMPANY
PART OF SECTION 28, TOWNSHIP 3 N, RANGE 67 W OF THE 6TH P.M.
WELD COUNTY, COLORADO
J Brannan'IN x.Drawings'. c tsLDRM3 COVER NDENMAPS dWP, Ink% Map, 221,2621 10:1332 ADA 1:2
STEAMBOAT SPRINGS
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PROJECT LOCATION
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NIX SITE
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NORTH
PROJECT LOCATION MAP
SCALE: la = 1000 UNITS
PREPARED FOR:
READY MIXED CONCRETE COMPANY
2500 E. BRANNAN WY
DENVER, CO 80229
303-534-1231
PREPARED BY:
CR25 Wheel
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CIVIL RESOURCES, LLC
323 5th STREET
P.C. BOX 680
FREDERICK, CO 80530
303 833 1416
MOW M US below.
Call before you die.
NO.
REVISIONS
DESCRIPTION
DATE
BY
DATE:
February 21
DWG:
DRIMS_OOVER INDEXMAPS.owa
SHEET:
1
Page 7 of 126
OWNER -DIXIE WATER LW
EX DOM
DOAIESTC,
PERMIT 152161--A
OWNER:EARL MORRIS FREDDY A&RQUEZ
ACColINT. Ad9274G 0
PARCEL: 720927 400046
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ACCOUNT. 86787055 ACCOUNT 80781077
PARCEL: P�032P400Q2T
PARCEL: 12092 14000 77
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ACCOUNT
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ACCOUNT• R4806286
P r 7.209m24-4pO1J2
AFFECTED LANDS:
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HIGHWAY ss PARCEL. 12092 1 000 039
TRACY
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PARCEL: 220922300003
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303.833.1416
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14D,C FUTURE
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AT FULL BUILD OUT
AFFECTED LANDS:
NIX SAND AND GRAVEL MINE.
DRMS PERMIT M-2001-046
TOTAL DRMS PERMIT AREA: 3D7.6 ACRES
AGRICULTURAL FARM LAND
SURVEY INFO:
KING SURVEYORS, INC
650 E GARDEN DR, WINDSOR, CO
80550 970-686-5611
www.landpoint.net/king-surveyors!
APPLICANT:
READY MIXED CONCRETE COMPANY, LLC
2500 EAST BRANNAN WAY
DENVER, CO 80229
NOTE:
CIVIL RESOURCES, LLC IS NOT RESPONSIBLE FOR SAFETY, IN, ON, OR ABOUT THE
PROJECT SITE, NOR FOR COMPLIANCE BY THE APPROPRIATE PARTY OF ANY
REGULATIONS THERETO.
THESE MAPS WERE PREPARED BY CIVIL RESOURCES, LLC. IN COOPERATION WITH
READY MIXED CONCRETE COMPANY. READY MIXED CONCRETE COMPANY WILL KEEP
THE DIVISION OF RECLAMATION MINING AND SAFETY INFORMED OF ANY CHANGES TO
THE MINING OR RECLAMATION PLANS THROUGH ANNUAL REPORTS AND FILE
TECHNICAL REVISIONS AND AMENDMENT APPLICATIONS AS NECESSARY THROUGHOUT
THE LIFE OF THE MINE
MINE CELLS WERE ASSUMED TO BE MINED AT A 1:1 DOWN TO BEDROCK AND
RECLAIMED AT 4:1 SLOPE WITH OVERBURDEN OR CLAYSTONE
MINING PLAN OPTION I ASSUMES ALL OIL AND GAS INFRASTRUCTURE WILL REMAIN
IN PLACE.
MAP LEGEND:
FOUND ALIOUOT CORNER
FOUND ALUMINUM CAPS LS 29417
BUILDING/STRUCTURE
MONITORING WELL
GAS WELL
PLUGGED AND ABANDONED GAS WELL
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OIL/GAS INFRASTRUCTURE
MINING SETBACK
MINE SLOPE
LHE 9HE-
- FIT? FA) FI6-
EXISTING SLURRY WALL
TYPICAL SECTION - MINING SLOPE
NOT TO SCALE
PERMIT BOUNDARY
SLURRY WALL
MINE HIGHWALL
SECTION LINE
RANGE LINE
BOUNDARY LINE
ADJACENT BOUNDARY LINE
EASEMENT LINE
FEMA DESIGNATION LINE
WATER LINE
GAS LINE
ELECTRIC LINE (UNDERGROUND)
ELECTRIC LINE (OVERHEAD)
FIBER OPTIC LINE
EDGE OF ASPHALT
FENCE LINE
DIRECTION OF MINING
76.0' OFFSET
FROM OHE
PERMIT
BOUNDARY
SLURRY
WALL
ALIGNMENT
CELL 7
START IN THE EAST
AND MOVE WEST
COUNTY ROAD 28
MINE ENTRANCE
NO
CIVIL RES'URCES
323 5th STREET
P.O. Box 680
FREDERICK, CO 80530
303.833.1416
WWW.CVILRESOU RCES.COM
READY MIXED CONCRETE
COMPANY
2500 EAST BRANNAN WAY
DENVER, CO 80229
303-534-1231
CONTACT: JOE LAMANNA
READY MIXED CONCRETE COMPANY
NIX GRAVEL MINE
WELD COUNTY, CO
REVISIONS
DATE
DESCRI Fri
DESIGNED BY: BLH
DRAWN BY: KR
CHECKED BY: BLH
DATE: 2/17/2021
SCALEAS NOTED
AS NOTED
JOB NO.: 302.OOI.61
DWG NAME:DRMS;LMINEPiLAN_12312020.D.
MINING PLAN
OPTION 1
OIL/GAS
CONSTRAINED
SHEET:
s
age • c
2
EX COLLINS
HOt/SE
xi/TN/A, 200'
F MINE OM"
PROPOSED
80-X50- SHOP
PROPOSED
OFFICE
24'X60'
FRESH WATER POND/ -
{POND 2)
v. SAEAST
MINE WEST
H/Cl-/WAY 66
fA.5AYAL T7
bISCHARGEPONbS
SILTATION
POND{POND 1)
START IN EAST
MINE WEST
PIT RUN
STOCK
PILE
PERMIT
BOUNDARY
SLURRY
WALL
ALIGNMENT
SLURRY -
WALL
ALIGNMENT
COUNTY ROAD 28
OFFSET CO -6. J
ROW
I N THE NORTH
MINE SOUTH
PROPOSED
ACCESS ROAD
MINE ENTRANCE
E LIMIT
70.0' CO -66
ROW
SL RRY
ALL
AUG ENT
BATCH PLANT
ON_
("ELE.
START I tF1E T
AND MOVE WE
CELL 3
START IN SOUTHEAST COR
ND IN SOUTH WEST CORNER
SLURRY
WALL
ALIGNMENT
PERMIT
SLMJNbARY
E LIMIT
S LURRY
.rWA
IGNFe
39
FROM
ROW AT
RUlllb 0
OFF
CR 19
30.0' WCR 19 ROW
REC 10/14/1889
BK 86, PG 273
WELD COUNTY
CLERK
& RECORDER BOOK
140,0' FUTURE
WCR-19 ROW
AT FULL BUILD OUT
AFFECTED LANDS:
NIX SAND AND GRAVEL MINE.
DRMS PERMIT M-2001-046
TOTAL DBMS PERMIT AREA: 307.6 ACRES
AGRICULTURAL FARM LAND
SURVEY INFO:
KING SURVEYORS, INC
650 E GARDEN DR, WINDSOR, CO
80550 970-686-5011
www.landpoint.net/king-surveyors/
APPLICANT:
READY MIXED CONCRETE COMPANY, LLC
2500 EAST BRANNAN WAY
DENVER, CO $0229
NOTE:
CIVIL RESOURCES, LLC IS NOT RESPONSIBLE FOR SAFETY, IN, ON, OR ABOUT THE
PROJECT SITE, NOR FOR COMPLIANCE BY THE APPROPRIATE PARTY OF ANY
REGULATIONS THERETO.
THESE MAPS WERE PREPARED BY CIVIL RESOURCES, LLC. IN COOPERATION WITH
READY MIXED CONCRETE COMPANY. READY MIXED CONCRETE COMPANY WILL KEEP
THE DIVISION OF RECLAMATION MINING AND SAFETY INFORMED OF ANY CHANGES TO
THE MINING OR RECLAMATION PLANS THROUGH ANNUAL REPORTS AND FILE
TECHNICAL REVISIONS AND AMENDMENT APPLICATIONS AS NECESSARY THROUGHOUT
THE LIFE OF THE MINE
MINE CELLS WERE ASSUMED TO BE MINED AT A 1:1 DOWN TO BEDROCK AND
RECLAIMED AT 4:1 SLOPE WITH OVERBURDEN OR CLAYSTONE
MINING PLAN OPTION 2 ASSUMES THAT ALL OIL AND GAS INFRASTRUCTURE WAS
REMOVED AFTER CONSTRUCTION OF THE SLURRY WALLS
MAP LEGEND:
FOUND ALIOUOT CORNER
FOUND ALUMINUM CAPS LS 29417
BUILDING/STRUCTURE
MONITORING WELL
GAS WELL
PLUGGED AND ABANDONED GAS WELL
(TO BE REMOVED)
OIL/GAS INFRASTRUCTURE
MINING SETBACK
MINE SLOPE
•
C G
- ELE ELE ELE-
- 9HE CHE OHE-
- Ff6 F/) FJ6-
EXISTING SLURRY WALL
TYPICAL SECTION - MINING SLOPE
NOT TO SCALE
PERMIT BOUNDARY
SLURRY WALL
MINE HIGHWALL
SECTION LINE
RANGE LINE
BOUNDARY LINE
ADJACENT BOUNDARY LINE
EASEMENT LINE
FEMA DESIGNATION LINE
WATER LINE
GAS LINE
ELECTRIC LINE (UNDERGROUND)
ELECTRIC LINE (OVERHEAD)
FIBER OPTIC LINE
EDGE OF ASPHALT
FENCE LINE
DIRECTION OF MINING
NO
CIVIL RES'URCES
323 5th STREET
P.O. Box 680
FREDERICK, CO 80530
303.833.1416
W'WW.CVILRESOU RCES.COM
READY MIXED CONCRETE
COMPANY
2500 EAST NN
DENVER, COBRA80229AN WAY
303-534-1231
CONTACT: JOE LAMANNA
REVISIONS
DESCRI PTION
DESIGNED BY: BLH
DRAWN BY: KR
CHECKED BY: BLH
JOB NO.: 302.001.01
DATE
DATE: 2/17/2021
SCALEAS NOTED
AS NOTED
DWG NAME:DRMS_MINEPiLAN_12312020.DVG
MINING PLAN
OPTION 2
OIL/GAS
INFRASTRUCTURE
REMOVED
age 10 of 126
EXHIBIT D - MINING PLAN
The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.4 of
theColorado Mined Land Reclamation Board Construction Material Rules and Regulations:
This Mining Plan is consistent with both an oil and gas -constrained and a full recovery plan, as both are
illustrated in Exhibit C.
• Exhibit C, Sheet 2: The oil and gas -constrained plan avoids impacts with existing oil and gas
facilities. A number of existing facilities are non -producing and/or subject to rights assigned to the
Operator/Applicant. Any facility that is controlled by the Operator may be removed or relocated
according to applicable agreements and regulations.
• Exhibit C, Sheet 3: The full recovery plan shows mining and reclamation scenarios where all
current oil and gas facilities are removed or relocated, minimizing the linear run of slideslopes and
consequently the surface area of future reservoir banks.
It is anticipated that each incremental removal or relocation of oil and gas equipment will reduce reclamation
liability, and the Operator may therefore request an associated reduction in financial warranty. Bonding
under Exhibit L is based on the higher financial liability amount associated with oil and gas -constrained
recovery.
(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;
The permit area includes a significant deposit of sand and gravel located in the alluvium of the
Saint Vrain River in Weld County. The site is located south of Highway 66, west of Weld
County Road 19, north of Weld County Road 28 and east of Weld County Road 171 It
encompasses 307.2 acres and consists of two cells (cell 2 and 3), a silt pond and a freshwater
pond.
Site Preparation:
Initial disturbance of the property will include: stripping the topsoil and overburden material,
constructing the slurry walls.
Mining,
Scrapers will strip the topsoil and overburden material from a given phase and place stockpiles
in the processing area. Any excess material not needed for reclamation may be sold or
hauled off -site during the life of the mine. There will be no mining below the groundwater table
until the slurry wall is complete, tested and approved.
Each phase will be dry -mined using scrapers, bulldozers, front-end loaders, excavators, or
similar equipment. The mining in the site will progress in 4 stages. Stage 1 will establish the
siltation and freshwater ponds in the southwest corner of the site. Stage 1 will open up
approximately 21 acres and will be reclaimed last. Stage 2 though stage 4, ranging in size
from 41 to 75 acres, will start in the northeast corner and will proceed southwest ending in Cell
7.
The operator will develop and comply with a Stormwater Management Plan and Spill,
Prevention, Control and Countermeasures Plan. The operator will notify the Division of
Reclamation and Mine Safety and in the event of a reportable spill.
Nix — Gravel Mine — MLRB 112 Permit Amendment
Exhibit D - 1 Page 11 of 126
Processing:
The material will be dry screened or not screened at all and transported offsite by truck. The
processing area will be located on the south side of the site in cell 2.
import Material.
The Operator may import material from and export material to other sites. The applicant is
aware that in accordance with Rule 3.1.5(9) of the Construction Material Rules and
Regulations, if any offsite material is used as backfill, a notarized letter will be submitted to the
Division indicating the materials are inert. The applicant will supply such a letter to the
Division if, at the time of Reclamation, the applicant intends to use off -site material as backfill.
(b) Earthmoving;
Topsoil and overburden will be stripped with scrapers or bulldozers and stockpiled in
segregated piles at the edge of the active mine phase. Excavators, front-end loaders, and
bulldozers will be used to excavate the material. Haul trucks will be utilized to transport the
raw material from the active mine phase to the processing area. See Exhibit C for a cross-
section of side -slope mining; after recovering to near -vertical at an offset or 1:1 setback to the
planned top -of -slope, overburden, recovered silt or other suitable fill will be replaced to
establish the final slope profile.
(c) All water diversions and impoundments;
Storm water will be discharged per a CDPHE discharge permit. There are no planned
diversions or impoundments of existing water bodies. A wash cycle for the aggregate
processing area will be established using the freshwater pond as a source and the silt pond for
return flow, with natural groundwater filtration between the source pond and the return pond.
Any water consumed will be provided by the existing water rights associated with the property
andlor a groundwater well with associated substitute water supply plan (see Exhibit G).
(d) The size of area(s) to be worked at any one time.
Excluding the processing area, the maximum area to be worked on at any one time is
approximately 30 acres.
(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.
The Operator anticipates that mining will commence as soon as all permits are in place. The
Operator anticipates extracting approximately 1,000,000 tons of aggregate in a typical year, up
to 1.7 million tons at peak capacity. Production rate will vary based on market demands.
Timetable for Mining and Reclamation
Stage 1(Freshwater and silt ponds): The Operator will wet mine the freshwater and silt ponds.
Mining will begin in the siltation pond and progress west to the freshwater pond. The average
rate of mining is expected to be between 1,000,000 tons per year and 1,500,000 tons per year.
Given these rates it is expected that mining in Stage 1 will take approximately 1 to 1 1f years.
Nix — Gravel Mine — MLRB 112 Permit Amendment
Exhibit D - 2 Page 12 of 126
The freshwater and siltation ponds will remain open during the life of the mine and will be
reclaimed following the cessation of mining at the site.
Stage 2(ell 3). Mining will begin in the southwest corner of the cell by the Nix house and
proceed counter clockwise around the oil and gas facilities. Assuming the same mining rates
as Stage 1, Stage 2 is expected to take 4 to 5 'A. years.
Stage 3(Ce1! 4): Mining will begin in the north and progress south. It should take
approximately 3 to 4 years.
Stage 4(Cells 5, 6, & 7): Mining will start in the north of Cell 5 and will continue clockwise to
end at the west end on Cell 7. Mining in this stage should take approximately 3 1/2 to 5
Reclamation will begin after mining is complete.
Following the completion of each stage, excepting stage 1, reclamation of that stage will begin
concurrent with mining of the subsequent stage. Upon completion of Stage 4, Stage 1 will
begin reclamation. Please refer to the Mining Plan Map in Exhibit C for phase areas to be
mined, locations and areas.
(t) Use Mining Plan Map in conjunction with narrative to present:
(I.) Nature, depth and thickness of the deposit and Thickness and type of overburden to be
removed
The overburden at the site typically consists of two sub -units; a surficial brown clayey to silty
sand that overlies a buff silty sand. These sub -units are described below.
Surficial brown clayey to silty sand with local sandy clay: The surficial brown clayey to silty
sand sub -unit is typically approximately 1 to 2 feet in thickness but locally is as thick as 8
feet. This sub -unit is usually slightly moist to moist, medium dense to dense with the top 6
to 8 inches containing significant organics. Of the samples tested, the percent passing the
No. 200 sieve ranged from 16.6% to 74.7%. Atterberg Limits testing
resulted in Liquid Limits of 19 to 31 and Plasticity Indices of 3 to 11.
Buff silty sand: The brown surficial sub -unit is underlain by the buff silty sand sub -unit. The
buff silty sand sub -unit ranges from approximately 4 to 14 feet thick and is slightly moist to
moist becoming wet at the water table. The silty sand is very loose to medium dense and
locally becomes clayey with depth. Of the samples tested, the percent passing the No. 200
sieve ranged from 10.9% to 39.1%. Atterberg Limits testing indicated the material was
granular non -plastic.
The sand and gravel is present throughout the site underlying the overburden and overlying
the bedrock. This unit typically consists of gravelly, fine to coarse grained sand locally
grading to sandy gravel. Where gravels were encountered, the size was typically 1 to 2
inches. This unit is typically medium dense to dense, but is also locally very loose to loose.
This deposit ranges in thickness from approximately 26 feet to 60 feet. The sands are clean
with fines content (silt and clay) generally ranging from approximately 2.0 to 4.1 percent
averaging 3.0 percent (Big Rock Exploration, 2019). Local clay lenses were reported within
the deposit by Big Rock Exploration (2019).
(ii.) Nature of the stratum immediately beneath the matersl to be mined in sedimentary
deposits
Nix — Gravel Mine — MLRB 112 Permit Amendment
ExhibitD-
Page 13 of 126
The bedrock encountered in the exploratory borings was generally weathered in the
upper one to two feet typically became harder in unweathered zones. The bedrock
consisted of silty, fine to medium grained, sandstone with local claystone seams. For the
sandstone samples, the percent passing the minus No. 200 sieve ranges from
approximately 13.4% to 26.7% averaging 21.6%. For the claystone seams, the percent
passing the No. 200 sieve ranges from approximately 53.3% to 74.1% averaging 64.5%.
(g)
Identify the primary and secondary commodities to be mined/extracted and describe the
intended use.
The primary commodities are sand, gravel and fill; intended for construction materials.
(ha) Name and describe the intended use of all expected incidental products to be
mined/extracted by the proposed operation.
Gold may be extracted as an adjunct component of any wash equipment installed at the site.
Specify if explosives will be used in conjunction with the mining (or reclamation)
No explosive material will be used on -site.
fl
G)
Specify the dimensions of any existing or proposed roads that will be used for the
mining operation.Describe any improvements necessary on existing roads and the
specifications to be used in the construction of new roads. New or improved roads
must be included as part of the affected lands and permitted acreage. Affected land
shall not include off -site roads which existed prior tothe date on which notice was
given or permit application was made to the office and which were constructed for
purposes unrelated to the proposed mining operation and which will not be
substantially upgrades to support the mining operation. Describe any assocated
drainage and runoff conveyance structures to include sufficient information to evaluate
structure sizing.
The affected land and permitted acreage is inclusive of over one and one-half miles of land
directly abutting public roadways; there is no need for any additional driveways, and on -site
haul roads will be incidential to mining areas depicted on the Mining Plan Map. No roadways
are affected by the mining operation other than access roads within the permit boundary and
existing public roads to the site. The Operator updated in the Weld County Access Permit for
the site (AP21-00023) in January 2021
Nix - Gravel Mine - MLRB 112 Permit Amendment
Exhibit a - 4
Page 14 of 126
EXHIBIT E - RECLAMATION PLAN
This information provided in this Exhibit is intended to satisfy the requirements outlined in Section
6.4.5 of the Colorado Mined Land Reclamation Board Construction Material Rules and
Regulations: The proposed mining and reclamation plan focuses on minimizing the ecological
impacts of mining, minimizing the length of time of impact, and maximizing long-term benefits.
(a) A description of the type(s) of reclamation the Operator 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;
The mined area in Cell 2 and 3 will be reclaimed to a lined water storage reservoir due to a
need within the state for water storage facilities. The mined area in the silt and freshwater
ponds may be backfilled and used in support of the reservoir facility or may be converted
to a water storage facility if sufficient void space exists at the completion of mining. Refer
to Exhibit F for the acreages and additional details.
Earthmoving
The topsoil may be replaced by a scraper or haul truck, excavator and dozer and generally
graded with a blade. All grading will be done in a manner that controls erosion and
siltation of the affected lands, to protect areas outside the affected land from slides and
other damage. In addition, all backfilling and grading will be completed as soon as feasible
after the mining process. All disturbed areas will be regraded and smoothed to a finished
grade that is suitable for revegetation or the final land use.
As noted previously, the area will be reclaimed as mining proceeds. Finish grading, topsoil
placement and seeding will occur throughout the life of the mine. Once the resource is
completely removed, final grading and vegetation of the slopes will be completed. The
empty vessel will be available for water storage. A typical cross-section of the shoreline is
included on the Reclamation Plan Map.
(14 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.
The water storage reservoirs will be compatible with the other land uses in the vicinity,
which includes farmland, industrial land, and rural residential. Municipal boundaries have
approached the vicinity of the site and represent a growing need for both construction
materials and water storage facilities.
(c) A description of how the Reclamation Plan will be implemented to meet each
applicable requirement of Section 3.1.
The Operator will carry reclamation to completion with reasonable diligence. Each phase
of reclamation will be generally completed within one to two years from completion of
Mx - Gravel Mine - MLRB 112 Permit Application
Exhibit E -1
Page 15 of 126
mining, but not more than five years from the date the Operator informs the Board or office
that final reclamation has commenced.
Section 3.1.,E Reclamation Measures Material Handling:
Grading will be performed to help control erosion and siltation of the affected lands through
phased mining, implementing good operation techniques to handle material as little as
possible, and vegetation of stockpiles remaining in place for more than one growing
season. Although the use of erosion protection devices is not anticipated, if deemed
necessary by the operator at the time of excavation, silt fence, haybale dams or other
erosion control devices will be installed. Backfilling and grading will be completed as soon
as feasible after the mining process is complete for each phase.
Maximum slopes and slope combinations will be compatible with the configuration of
surrounding conditions and selected land use. Mining will occur at a slope that is stable.
Reclaimed slopes in the water storage reservoir will not be steeper than a 3:1 ratio. The
upland area will be reclaimed to grades consistent with pre -mining drainage patterns.
The operator will backfill using fill material generated on -site, or imported inert fill
generated outside the permit area. If any inert off -site material is used as backfill, a
notarized letter will be submitted to the Division as required by Section 3.1.5 (9) of the
MLRB Construction Material Rules and Regulations.
It is not anticipated that mining will uncover any refuse or acid-forming or toxic producing
materials, however if any such materials are encountered the operator will take precaution
to handle the materials in a manner that will control unsightliness and protect the drainage
system.
Drill or auger holes that are pad of the mining operation shall be plugged with non-
combustible material, which shall prevent harmful or polluting drainage. Any test pits, soils
boring holes, or monitoring wells not located within the mine excavation limits will be
plugged as soon as it can be confirmed that they are no longer needed for the operation.
Mined material to be disposed of within the affected area will be handled in such a manner
so as to prevent any unauthorized release of pollutants to the surface drainage system.
No unauthorized release of pollutants to groundwater shall occur from any materials
mined, handled or disposed of within the permit area.
Section 3.1.6 Water -General Requirements:
The Operator will comply with applicable Colorado water laws governing injury to existing
water rights and with applicable state and federal water quality and dredge and fill laws
and regulations.
The operator will develop and comply with a stormwater management plan and will use
best management practices (BMPs) to ensure groundwater and surface water are
protected to the greatest possible extent. BMPs include schedules of activities,
Nix - Gravel Mine — MLRB 112 Permit Application
Exhibit E - 2
Page 16 of 126
prohibitions of practices, maintenance procedures and other management practices to
prevent or reduce the pollution in runoff from the site.
Section 3.I.7 Groundwater - Specific Requirements:
The Operator will comply with the applicable standards and conditions for classified and
unclassified groundwater.
Section 11.8 Wildlife:
The mining and reclamation plans have been designed to account for the safety and
protection of wildlife on the mine site. The Operator will mine the site in phases and use
concurrent reclamation methods to minimize the impact on wildlife. The proposed
reclamation plan may improve wildlife habitat. The proposed seed mix and plantings will
create improved cover, foraging, roosting, and nesting areas for wildlife. The water area
within the reservoir will serve as habitat for waterfowl and other bird species and the
fringes of the reservoir will be used by mammal, bird, reptile and amphibian species.
Control and/or removal of noxious and weedy species during the project and the
introduction of desirable graminoid, forb and potential woody species during reclamation
will result in enhancement of wildlife habitat on the project site.
Section 3.1.9Topsoiling:
Topsoil shall be removed and segregated from other spoil. Topsoil stockpiles shall be
stored in places and configurations to minimize erosion and located in areas where
disturbance by ongoing mining operations will be minimized. Once stockpiled, topsoil shall
be re -handled as little as possible. Stockpiles that will remain in place for more than one
growing season will receive vegetative cover.
Section 3. .1.1 'evegettatfon:
In those areas where revegetation is part of the reclamation plan, the land shall be
revegetated in a manner that establishes a diverse, effective, and long-lasting vegetative
cover that is capable of self -regeneration without continued dependence on irrigation or
fertilizer and is at least equal in extent of cover to the natural vegetation of the surrounding
area. These areas are relatively minimal given the water development reclamation plan for
the site. The proposed seed -mix and plantings for reclamation are outlined on the
Reclamation Plan included in Exhibit F of this application.
Section 3.1.11 Buildings and Structures:
Please refer to the enclosed Reclamation Plan included in Exhibit F.
Section 11.12 Signs and Markers:
The Operator will post appropriate signage at the entrance to the mine site. The permit
area will be marked by existing fencing, or proximity to existing County roads.
Nix - Gravel Mine — MLRB 112 Permit Application
Exhibit E -
Page 17 of 126
(d) Plans for topsoil segregation, preservation and replacement; for stabilization,
compaction and grading of spoil; and for revegetation,
Topsoil will be removed and segregated from other spoil. Topsoil not needed for
reclamation may be sold or removed from the site. For reclamation, topsoil will be
replaced by a scraper and generally graded with a blade. Grading shall be done in a
manner that controls erosion and siltation of the affected land and protects areas outside
the affected land from slides and other damage. In addition, backfilling and grading shall
be completed as soon as feasible after the mining process.
Final grading will create a final topography that is appropriate for the final land use. For
example, final grading of the reservoir above the high water line will replace material no
steeper than 3:1 slope to meet the grade at the top of the banks. Topsoil will be uniformly
placed and spread on areas disturbed by the mining, above the anticipated high water line.
The minimum thickness shall be 6 inches above the surrounding finished grade. The
topsoil shall be keyed to the underlying and surrounding material by the use of harrows,
rollers or other equipment suitable for the purpose.
In those areas where revegetation is part of the reclamation plan, theOperator will
revegetate the land in such a manner so as to establish a diverse, effective, and long-
lasting vegetative cover that is capable of self -regeneration without continued dependence
on irrigation or fertilizer and is at least equal in extent of cover to the natural vegetation of
the surrounding area. Seed will be drilled and mulched.
The revegetation seeding and plant list on the Reclamation Plan Map contains the
preferred species of grasses, shrubs and trees to be planted.
Seeding will take place once final grading and replacement of topsoil have been completed
for each phase. Timing of seeding will be consistent with standard horticultural practice for
dryland applications - generally between late September and the middle of April to ensure
there is adequate moisture for germination.
(e) A plan or schedule indicating how and when reclamation will be implemented.
Include:
1. An estimate of the periods of time which will be required for the various stages or
phases of reclamation.
Reclamation for any given stage of mining may take up to five years to allow for successful
revegetation. Please refer to the Timetable for Mining and Reclamation in Section (e) of
Exhibit D.
ii. A description of the size and location of each area to be reclaimed during each
phase.
Please refer to the Reclamation Plan Map (Exhibit F).
Nix - Gravel Mine — MLRB 112 Permit Application
Exhibit E - 4
Page 18 of 126
iii. Outlining the sequence in which each stage or phase of reclamation will be carried
out
Please refer to the Timetable for Mining and Reclamation in Section (e) of Exhibit D.
(I) A description of:
�. Final grading - maximum anticipated slope gradient or expected ranges thereof;
The finished slopes of the reservoir will be no steeper than 3 horizontal to 1 vertical.
li. Seeding - types, mixtures, quantities and time of application;
Please refer to the Reclamation Plan Map for the list of plant materials and seeds to be
utilized. The operator will seed during the appropriate season to ensure adequate
moisture for germination and implement weed controls to allow the grasses to successfully
establish. Additional plantings may be installed once the reservoirs are full of water and
the grasses are established.
iii. Fertilization - types, mixtures, quantities, and time of application;
The type and application rate of fertilizer shall be determined based on a soil test at the
time of final reclamation.
Revegetation - types of trees, shrubs, etc.;
Please refer to the Reclamation Plan Maps for the types, quantities and location of
plantings. Trees and shrubs are generally avoided in the design of reservoir facilities to
avoid root system breach of slurry walls. Woody plantings during the life of mine will be
determined in review of the local zoning permit.
v. Topsoilin - specify anticipated minimum depth or range of depths for those areas
where topsoil will be replaced
Topsoil will be uniformly placed and spread on all areas disturbed by the mining above the
anticipated high water line. The minimum thickness shall be 6 inches above the
surrounding finished grade.
WEED MANAGEMENT PLAN
The Operator will monitor and control noxious weeds as they appear. The Operator typically
prefers to control weeds mechanically, by mowing and/or discing. If necessary, weeds will be killed
with a contact herbicide.
Mx — Gravel Mine — MLRB 112 Permit Application
Exhibit E - 5
Page 19 of 126
EXHIBIT F - RECLAMATION PLAN MAP
Nix - Gravel Mine — MLRB 112 Permit Amendment
Exhibit F
Page 20 of 126
6rannan1N N Drav,ings'i3•c ts.0RMS RECPLAI+J 12312:2:.dr g. RECLAMATION PLAM. 2211202' 1C:2= 19 AM 1:2
N
PROPOSED SHOP
AND MINE OFFICE
TANA' BATTERY/
COMPRESSOR
50 OFFSET H/N (rip)
w w R2499' OfIE
WELL P&4
w w 5ET34CfC w
EX h'G'LJSC
EX BARN
AREA RECLAI MED TO
NATIVE GRADE
REQUIRES 1,100,000 CY
OF FILL
PROPOSED
ACCESS
ROAD
H/GHWAY 66
(RSPHRL7)
NORTH
S LURRY
WALL
ALIGNMENT
MINE LIMIT
TANK BA77ERY/
COMPRESSOR
50 OFFSET Ad1A/ (TYP,)
SOUTH
SLURRY
WALL
ALIGNMENT
EDGE OF ASP/-tQ T
6'
7
COCJNFY M24D 28
ZM W-3
r
NORTH
SLURRY
WALL
ALIGNMENT
00
JD
SOUTH
SLURRY
WALL
ALIGNMENT
R119.475• OIL
WELL
SETL1G/C
NORTH
SLURRY
WALL
ALIGNMENT
7
30'
EX HOUSE
EX METAL S4RN
AFFECTED LANDS:
NIX SAND AND GRAVEL MINE,
DRMS PERMIT M-2001-046
TOTAL DRMS PERMIT AREA: 307-D ACRES
EXISTING VEGETATION:
AGRICULTURAL FARM LAND
SURVEY INFO:
KING SURVEYORS, INC
650 E GARDEN DR, WINDSOR, CO
60556 97D-686-5011
www.l andpoint.net/king-surveyors)
APPLICANT:
READY MIXED CONCRETE COMPANY, LLC
2504 EAST BRANNAN WAY
DENVER, CD 60229
NOTE:
CIVIL RESOURCES, LLC. IS NOT RESPONSIBLE FOR SAFETY, IN, ON. OR ABOUT THE
PROJECT SITE, NOR FOR COMPLIANCE BY THE APPROPRIATE PARTY OF ANY
REGULATIONS THERETO.
THESE MAPS WERE PREPARED BY CIVIL RESOURCES, LLC. IN COOPERATION WITH
READY MIXED CONCRETE COMPANY. READY MIXED CONCRETE COMPANY WILL KEEP
THE DIVISION OF RECLAMATION MINING AND SAFETY INFORMED OF ANY CHANGES TO
THE MINING OR RECLAMATION PLANS THROUGH ANNUAL REPORTS AND FILE
TECHNICAL REVISIONS AND AMENDMENT APPLICATIONS AS NECESSARY THROUGHOUT
THE LIFE OF THE MINE.
MINE CELLS WERE ASSUMED TO BE MINED AT A 1:1 DOWN TO BEDROCK AND
RECLAIMED AT 4:1 SLOPE WITH OVERBURDEN OR CLAYSTONE.
MAP LEGEND:
0
FOUND ALIQUOT CORNER
FOUND ALUMINUM CAPS LS 29417
BUILDING/STRUCTURE
MONITORING WELL
GAS WELL
UTILITY POTHOLE LOCATON
EXISTING SLURRY WALL
X1%
12'
NINE SLOPE
I I
- Si
- ONE OHE
- F/P- F/0
ELE
!LE -
ONE-
F/0-
-- COMPACTED CLAY
RECLAMATION SLOPE
4
TYPICAL SECTION - RECLAMATION SLOPE
MOTTO SCALE
BEDROCK -/
SURFACE
NORTH
150 300
PERMIT BOUNDARY
SLURRY WALL
MINE HIGHWALL
SECTION LINE
RANGE LINE
BOUNDARY LINE
ADJACENT BOUNDARY LINE
EASEMENT LINE
FEMA DESIGNATION LINE
YNATER LINE
GAS LINE
ELECTRIC LINE (UNDERGROUND)
ELECTRIC LINE (OVERHEAD)
FIBER OPTIC LINE
EDGE OF ASPHALT
FENCE LINE
ow what's below.
Call before you dig
CIVIL RES'URCES
323 5th STREET
P.O. Box 680
FREDERICK, CO80530
303.833.1416
WWW.CVILRESOU RCES.COM
READY MIXED CONCRETE
COMPANY
2500E: T BRANNAN WAY
DNVER, CO 80229
303-534-1231
CONTACT: JOE LA MANNA
READY MIXED CONCRETE COMPANY
NIX GRAVEL MINE
WELD COUNTY, CO
REVISIONS
NO.
DESCRIPTION
DATE
DESIGNED BY: BLH
DRAWN BY: KR
CHECKED BY: BLH
DATE: 2/21/2021
SCALE?S NOTED
AS NOTED
JOB NO.: 302.001.61
DWG NAME:ORMS_RECPLAN_12312020.0W
RECLAMATION
PLAN OPTION 1
OIL/GAS
CONSTRAINED
SHEET:
1
age 21 of 126
6rannan'N N Drav,ings'i3•c ts.ORMS RECPLAI+1 12312:2:dr g. RECLAMATION PLM op2 2:2II2321 13:25:20 Ah+, 1:2
N
ti
PROPOSED SHOP
AND MINE OFFICE
PROPOSED
ACCESS
ROAD
H/GHWAY 66
(SP{i4L7)
NORTH
S LURRY
WALL
ALIGNMENT
MINE LIMIT
SOUTH
SLURRY
WALL
ALIGNMENT
6'
7
S'
EDGE OF AS -PIN f
,
I Ili
�t. j f 1 are
4
WELT Pc1•A ��.
_ � sfreaefc -
CZJNTY 140.40 28
ZM W-3
R119-95' OIL
WELL
SETBACK
IN
NORTH
S LURRY
WALL
ALIGNMENT
7
30'
AFFECTED LANDS:
NIX SAND AND GRAVEL MINE,
DRMS PERMIT M-2001-046
TOTAL DRMS PERMIT AREA: 307-D ACRES
EXISTING VEGETATION:
AGRICULTURAL FARM LAND
SURVEY INFO:
KING SURVEYORS, INC
650 E GARDEN DR, WINDSOR, CO
bUSSU 97D-686-50 I1
www.l an d R.oi nt .n et1 kin g -su r veyors.I
APPLICANT:
READY MIXED CONCRETE COMPANY, LLC
2504 EAST BRANNAN WAY
DENVER, CD 60229
NOTE:
CIVIL RESOURCES, LLC. IS NOT RESPONSIBLE FOR SAFETY, IN, ON. OR ABOUT THE
PROJECT SITE, NOR FOR COMPLIANCE BY THE APPROPRIATE PARTY OF ANY
REGULATIONS THERETO.
THESE MAPS WERE PREPARED BY CIVIL RESOURCES, LLC. IN COOPERATION WITH
READY MIXED CONCRETE COMPANY. READY MIXED CONCRETE COMPANY 14ILL KEEP
THE DIVISION OF RECLAMATION MINING AND SAFETY INFORMED OF ANY CHANGES TO
THE MINING OR RECLAMATION PLANS THROUGH ANNUAL REPORTS AND FILE
TECHNICAL REVISIONS AND AMENDMENT APPLICATIONS AS NECESSARY THROUGHOUT
THE LIFE OF THE MINE.
MINE CELLS WERE ASSUMED TO BE MINED AT A 1:1 DOWN TO BEDROCK AND
RECLAIMED AT 4:1 SLOPE WITH OVERBURDEN OR CLAYSTONE.
MAP LEGEND:
0
FOUND ALIQUOT CORNER
FOUND ALUMINUM CAPS LS 29417
BUILDING/STRUCTURE
MONITORING WELL
GAS WELL
UTILITY POTHOLE LOCATON
EXISTING SLURRY WALL
X1%
r
NORTH
SLURRY
WALL
ALIGNMENT
00
JD
12' -01
NINE SLOPE
I I
- Si
- ONE OHE
- FfP- Ff0
ELE
!LE -
OHE-
Ff0-
r COMPACTED CLAY
RECLAMATION SLOPE
4
TYPICAL SECTION - RECLAMATION SLOPE
MOTTO SCALE
BEDROCK -/
SURFACE
NORTH
150 390
PERMIT BOUNDARY
SLURRY WALL
TOP OF RECLAMATON SLOPE
SECTION LINE
RANGE LINE
BOUNDARY LINE
ADJACENT BOUNDARY LINE
EASEMENT LINE
FEMA DESIGNATION LINE
'HATER LINE
GAS LINE
ELECTRIC LINE (UNDERGROUND)
ELECTRIC LINE (OVERHEAD)
FIBER OPTIC LINE
EDGE OF ASPHALT
FENCE LINE
ow what's below.
Call before you dig
CIVIL RES'URCES
323 5th STREET
P.O. Box 680
FREDERICK, CO 80530
303.833.1416
WWW.CVILRESOU RCES.COM
READY MIXED CONCRETE
COMPANY
2500 EAST BRANNAN WAY
DENVER, CO 80229
303-534-1231
CONTACT: JOE LA MANNA
READY MIXED CONCRETE COMPANY
NIX GRAVEL MINE
WELD COUNTY, CO
REVISIONS
NO.
DESCRI PfION
DAT E
DESIGNED BY: BLH
DRAWN BY: KR
CHECKED BY: BLH
DATE: 2/21/21
SCALES NOTED
AS NOTED
JOB NO.: 302.001.01
DWG NAME:DRMS_REOPLAN_12312020.DW
RECLAMATION
PLAN OPTION 2
OIL/GAS
INFRASTRUCTURE
REMOVED
SHEET:
3
age 22 at 126
EXHIBIT G - WATER INFORMATION
This information provided in this Exhibit is intended to satisfy the requirements outlined in Section
6.4.7 of the Colorado Mined Land Reclamation Board Construction Material Rules and
Regulations:
(a) Locate on the map (Exhibit C) tributary water courses, wells, springs, stock water
ponds, reservoirs and ditches
The site is 0.6 miles east of the Saint Vrain River. Please refer to Exhibit C for locations of
water courses in close proximity to the site, including wells, springs, stock water ponds,
reservoirs and ditches.
(14 Identify all known aquifers
The site is underlain by a shallow alluvial aquifer, typical of its position upgradient of the St.
Vrain River.
(c)
Show how water from dewatering operations or runoff from disturbed areas, piled
material and operating surfaces will be managed to protect against pollution of either
surface or groundwater both during and after the operation.
Please refer to the Mining Plan Map in Exhibit C of this application. Dewatering operations
will run continuously during the mining of the freshwater and silt ponds, then intermittently
during mining within the slurry walled cells. Dewatering water will be pumped to the
discharge pits shown on Exhibit C. Mine areas will drain internally. Uncontrolled releases of
surface water in disturbed areas will not occur. Stormwater collected in the active mine area
will be managed through the dewatering system. The operator will apply for a Colorado
Department of Public Health and Environment Discharge permit and will maintain a
Stormwater Management Plan and Spill Prevention Control and Countermeasure Plan.
(d) Estimate project water requirements including flow rates and annual volumes for the
development, mining and reclamation phases of the project
Water needs estimated below provide for sustained production as detailed in the Mining
Plan. The Operator will adjust water supplies to account for actual demand, avoid waste,
and continuously comply with laws and regulations of the Division of Water Resources and
any other water agency having jurisdiction over the operation.
Projected Use And Consumption: Annual evaporative depletions will be the evaporation
from up to 5000 feet of 4 -foot wide de -watering trench, located inside of the slurry wall. The
total area of exposed water is 0.5 acres. The gross annual evaporation at the Nix Gravel
Mine aggregate mine is 42 inches according to NOAA Technical Report NWS 33,
Evaporation Atlas for the Contiguous 48 United States. Monthly evaporative losses are
determined using percentages specified by the State Engineer's Office for locations below
6,300 feet. The nearest weather station is in Longmont where the average annual
precipitation is 15.08. Effective precipitation, that part of historical precipitation which was
consumed by native vegetation on land to be covered by water surface, is conservatively
estimated to be 70 percent of the total precipitation. The annual average effective
Ready Mixed Concrete Company - Nix Gravel Mine - MLRB 112 Permit pplication
Exhibit G - 1
Page 23 of 126
precipitation at the property is estimated to be g.gg inches. When subtracting the effective
precipitation from the gross evaporation yields, the net annual evaporation is 32,13 inches,
or 2.68 acre-feet per acre. The annual amount of evaporation from open water surfaces is
1.34 acre-feet,
Mining Production & Operations: The Operator expects to extract up to 1.7 million tons
annually of aggregate material from the site. All water retained in the recovered material will
be replaced pursuant to the Substitute Water Supply Plan (SWSP). The total annual amount
of water retained in the gravel product from mining activities totals in a maximum of 23.1
acre-feet. The SWSP is renewed annually and will reflect analysis of production and
depletion anticipated in each year of operation.
In addition, an estimated 4.0 acre-feet of water per year will be used for dust control based
(approximately) on 5,900 gallons per day, 5 days a week for 10 months.
Annually the total evaporative and operational losses from mining activities (open water
surface evaporation, water retained in the aggregate product, dust suppression) totals 28.4
cre-feet of depletion which must be augmented. All depletions were lagged to the Saint
brain River using the lagging factors approved by the State Engineer pursuant to on -going
Substitute Water Supply (SWSP) approvals.
(e)
Indicate the projected amounts of the water sources to supply project water
requirements
Replacement Water. The source of replacement water for depletions will be that portion of
the Operator's Last Chance Ditch Company shares, to compensate for depletions, or the
operator may lease available water in the St.Vrain River system. The State Engineer must
approve a SWSP every year, providing annually or more frequently the opportunity to review
the sufficiency of water supplies. These approvals require that the applicant provide a
detailed explanation of the mining operations, a quantification of all mining activities and
subsequent depletions and all legally available replacement sources.
(0 Affirmatively state that the Applicant has acquired or applied for a National Pollutant
Discharge Elimination System permit from the Water Quality Control Division
The Operator will apply for a National Pollutant Discharge Elimination System (NPDES)
permit from the Water Quality Control Division of the Colorado Department of Public Health
and Environment prior to discharging water from the site.
Ready Mixed Concrete Company Nix Gravel Mine — MLRB 112 Permit Application
Exhibit G -
Page 24 of 126
EXHIBIT H - WILDLIFE INFORMATION
The information provided in this Exhibit is intended to satisfy the requirements outlined in Section
6.4.8 of the Colorado Mined Land Reclamation Board Construction Material Rules and
Regulations:
r+�
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;
This information is provided in the attached Exhibit H - Wildlife Information, prepared
by Savage and Savage, based on a site investigation conducted on March 1st, 2020.
b) Seasonal use of the area;
This information is provided in the attached Exhibit H - Wildlife Information, prepared
by Savage and Savage, based on a site investigation conducted on March 1st, 2020.
c) Threatened or endangered species;
The attached Exhibit H - Wildlife Information, prepared by Savage and Savage,
included an evaluation for threatened and endangered species. Their conclusions are
documented in the attached report.
d) General effect during and after the proposed operation on the existing wildlife of
the area;
This information is provided in the attached Exhibit H - Wildlife Information, prepared
by Savage and Savage, based on a site investigation conducted on March 1st, 2020.
Nix- Gravel Mine — MLRB 112 Permit Amendment Application
Exhibit H- I
Page 25 of 126
6.4.8 Exhibit H - Wildlife Information
Wildlife Assessment
Site
esEton
Savage and Savage conducted an on -site wildlife assessment for the Ready Mixed Concrete
Nix amendment project site on March 1, 2020. The Nix amendment site is comprised of
approximately 307 acres within portions of Section 28 within Township 3 North, Range 67
West of the 6th Prime Meridian, Weld County, Colorado. The center of the project site is
located at 40.196699° latitude and -104.893068' longitude. The property is located west
of Platteville between Weld County Roads 19 and 17, immediately south of Colorado State
Highway 66. The property is accessed from Weld County Road 19.
Weather during our site investigation was cool, and overcast with a temperature in the mid -
40's °F). The topography of the site is dominated by the primary alluvial terrace of the St.
Vrain River. The elevation of the project area averages 4805 feet and slopes gently to the
northwest toward the St. Vrain River.
Topography and Geomorithic Features
The Nix amendment site is located on the primary alluvial terrace of the St. Vrain River,
approximately 2300 feet east-southeast of the current river channel. The topography of the
property is largely flat and dominated by flood irrigated agricultural fields and associated
irrigation canals and ditches.
Hydrology
The most significant regional hydrologic feature is the St. Vramn River to the northwest of
the site. The Seep ainage b itch flows from south to north along west boundary of the
site. A number of irrigation lateral ditches and several tailwater drainage ditches distribute
irrigation water and drain the agricultural fields within the Ni.. amendment site as well as
agricultural fields to the south and east. Tailwater eventually exits the site under Colorado
Highway 66 and drains to the St. Vramn River.
Soils
The soils that dominate the site are formed from alluvium and consist of l oams, clays, and
sands (USDA, 1981).
Vegetation
Vegetation of the project site can be divided into native and agricultural communities.
Native vegetation is restricted to the tailwater ditches that adjoin the agricultural fields.
This vegetation community contains stands of cattail Ty ha iatr oiia), reed canarygrass
(Phalaris arundinacea), inland saltgrass Distichiis spicata), t), rushes (Juncos sp.), and
Exhibit H Page 1
Page 26 of 126
scattered coyote willows (Salty exigua). ua). The remainder of the site contains seasonal flood
irrigated agricultural cropland.
Land Uses
Adjacent land uses include aggregate mining, livestock grazing, and agriculture.
Significant Wildlife Resources
Tables 1, 2, and 3 list wildlife species that potentially occur on -site according to the
Colorado Distribution Latilong Studies (CDOW, 1981, 1990, 1998). The latilong studies
address vertebrates in the categories of mammals, birds, and reptiles and amphibians.
During the site investigation few wildlife species were observed. No mammal species were
directly observed during the site investigation, though deer and raccoon tracks were
observed alongside irrigation ditches during our inspection.
Canada geese (Branca canadensis) were observed flying over adjacent fields.
No reptiles or amphibians were observed during the on -site investigation.
A further review of wildlife species for which the Colorado Division of Parks and wildlife
has distribution maps on the Colorado Oil and Gas Conservation Commission web site
(hap /cogcc. state. co .uslinfosysll aps/wildlifemap.cf n) identified sensitive wildlife
habitat and surface restricted occupancy areas related to bald eagle nests northwest of the
project site along the St. Vrain River (see appended map).
Seasonal Use
The open nature of the site (agricultural crops) with the attendant lack of cover limits the
uses of the site by the majority of wildlife species. Opportunistic use by rodents, raccoons,
coyotes, foxes, and deer likely occurs when agricultural crops are tall during the summer
growing season, and wildlife species opportunistically utilize the irrigation and tailwater
ditches within the site.
With the exception of bats (identified from the list of potentially occurring species), the
mammals species encountered during the site inspection or that potentially occur on -site
are expected to be year-round residents or users of the site. The carnivore and ungulate
species are not restricted to this site and tend to have relatively large home ranges (up to
several square miles). The majority of rodent and insectivore species can be expected to
reside on -site throughout the year, though many may hibernate during the cold months.
Avian species may be year-round, temporary migrants, or summer residents of the site.
Year-round residents would include raptors, gallinaceous birds, pigeons, owls, and
woodpeckers. The majority of the passerines would use the site during the spring, summer,
and fall for feeding or resting during migration. Amphibian and reptile species of the site
are summer residents within the tailwater ditches when water is present.
Exhibit H Page 2
Page 27 of 126
Threatened and Endangered Species and Critical Habitat
Of the federally listed threatened or endangered species for the State of Colorado, the U.S.
Fish and Wildlife Service (USFWS) has expressed an interest in two that may potentially
be present in the project site or adjacent area; the ! eble's meadow jumping mouse (Zapus
hudsoniuus pr ble ), and the Lite Ladies -tresses orchid (Spiranthes iluvialis).
Additionally, while not listed under the Endangered Species Act, bald eagle (Haliacetus
leuucocephalus) nesting and winter roosting sites are of concern, and regulated by, the
USFWS.
Preble's meadow jumping mouse
Characteristic habitat for the Preble's meadow jumping mouse occurs below 7400 feet
elevation within the South Platte River 100 -year floodplain, tributaries, and associated wet
meadow complexes (from the Front Range to Ft. Morgan, Colorado) in Adams, Arapahoe,
Denver, Elbert, Lorimer, Morgan, and Weld counties. The USFWS has described the
characteristic habitat of the mouse as areas with the following features; low undergrowth
with grasses and forbs, in open wet meadows and riparian corridors or where tall shrubs
and low trees provide cover. The mouse prefers mesic to hydric lowlands, and has been
found in agricultural and native landscapes, along irrigation canals, and natural drainages,
as well as areas dominated by both introduced and native plant species.
Preble's meadow jumping mouse characteristic habitat is not present at the Nix amendment
site, as the site lacks the stratified vegetation of mouse habitat and contains monocultures
of reed canarygrass and cattails. Savage and Savage conducted a Preble's meadow
jumping mouse survey immediately north of the Nix amendment site adjacent to the St.
gain River in 1999 and found no Preble's individuals. Additionally, in 2001, USFWS
concurred with a Savage and Savage request for disqualification of the Nix site (USD1,
2001), agreeing that "Preble's habitat is not present in the subject area."
Ute Ladies -tresses orchid
The Lite ladies -tresses orchid (Spiranthes dituviatis:) is a federally listed threatened plant
species characteristically found in wet meadows and alluvial flood plains below 6500 feet
in northern Colorado, southwestern Wyoming, and the Uintah Basin of Utah.
Characteristic orchid habitat is described as relatively low elevation riparian, spring, and
lakeside wetland meadows.
The Nix amendment site does not contain characteristic Ute ladies' -tresses orchid habitat.
In 2002, USFWS concurred with a Savage and Savage request for disqualification of the
Nix site (USDI, 2002), agreeing that "suitable habitat for S. diluvialis is not present in the
areas assessed."
Exhibit H Page 3
Page 28 of 126
Bald Eagles
The Colorado Oil and Gas Conservation Commission through the Colorado Division of
Parks and Wildlife has compiled bald eagle nests and winter night roost locations on their
state mapping application (COGCC, 2020). Based on a review of this resource (map
attached), there are two bald eagle nests (comprising restricted surface occupancy and
sensitive wildlife habitat) northwest of the Nix amendment site. Operations at the site are
outside setbacks established by the Colorado Division of Parks and wildlife, therefore,
there should be no impacts to nesting eagles from the project.
Project Effects to Wildli re
The Nix amendment site is proposed for mineral (sand and gravel) extraction activities.
Noise and air emissions during mining will cause a temporary disturbance to wildlife.
Species such as raccoons, coyotes, beaver, deer, and raptors will continue to use the
riparian corridor during mining operations and the site itself when operations are not active.
Bird species will use the periphery of the site and the site itself opportunistically, if prey or
food species are present.
The proposed project will extract material and leave two slurry wall lined water storage
cells within the site. The mining and reclamation plan will create open water wildlife
habitat that is currently not present. Areas of open water will sustain additional species of
reptiles and amphibians as well as shorebirds and waterfowl. The addition of the water
will create fringe environments favorable to predatory mammals and raptors, as well as
food and water sources for herbivores. With revegetation of the borders around the water
storage cells, additional strata and vegetation layers will be added to the site, creating
improved cover, foraging, roosting, and nesting areas for wildlife.
Exhibit H Page 4
Page 29 of 126
Literature Cited
Colorado Division of Wildlife. 1981 Ed. Colorado Reptile and Amphibian Distribution
Latilong Study.
Colorado Division of Wildlife and The Denver Museum of Natural History. 1990 Ed.
Colorado Mammal Distribution Latilong Study.
Colorado Division of Wildlife in cooperation with the Colorado Field Ornithologists.
1998 Ed. Colorado Bird Distribution Latilong Study.
Colorado Oil and Gas Conservation Commission. 2020. Web Map.
(http s :1/c ogc cmap state. online)
U.S. Department of Agriculture, Soil Conservation Service. 1981. Soil Survey if Weld
County, Colorado: Southern Part.
U.S. Department of Interior. Dish and Wildlife Service. 2001. Disqualification
Concurrence Letter to Savage and Savage for Ute Ladies -tresses orchid from LeRoy
W. Carlson, Colorado Field Supervisor
U.S. Department of Interior. Dish and Wildlife Service. 2002. Disqualification
Concurrence Letter to Savage and Savage for Preble's meadow j umping mouse from
LeRoy W. Carlson, Colorado Field Supervisor
Exhibit H Page 5
Page 30 of 126
Table I. Mammal Species Potentially Inhabiting the Nix Amendment Site
Classification/Common Name
Scientific Name
Preferred Habitat
Marsupials
Virginia Opossum
Carnivores
Coyote
Swift Fox
Red Fox
Raccoon
Long-tailed W easel
Mink
Striped Skunk
Ungulates
Mule Deer
White-tailed Deer
Rodents
Wyoming Ground Squirrel
Black -tailed Prairie Dog
Northern Pocket Gopher
Plains Pocket Gopher
Hispid Pocket Mouse
Western Harvest Mouse
Plains Harvest Mouse
Deer Mouse
Northern Grasshopper Mouse
Prairie Vole
Meadow Vole
Muskrat
Norway Rat
House Mouse
Meadow Jumping Mouse
Porcupine
insectivores
Least Shrew
Didelphis vir, i iana
Canis latrans
Vulpc.s velox
Vulees vulpes
Procyon lotor
Mthustela niries
Athistela vi5Of7
Mephitis mephitis
Odocoileus hemionu.
Odocoilc us virginicrnus
Sper rroph ilus elegans
Cynomys ludovic icrnus
Thomoniys tal oides
Geomys /111rsarIIds
Chaetodipus hispid s
Reithrodontomys me a oti
Reithrodontor t s montan us
Peror n scus maniculatus
Onychomys kitt'og ster
A icrotus ochrogaster
Microtus JJennsy7lvcrfiCUS
Ondatra z ibethicus
Rattus norvegieus
Mus flZ115'CUl115'
Zapus hi.,dsoiiius
Erethizon dor satuin
Habitat Types
Ag Agriculture
Cr Croplands
Ms Marshes, bogs, wet hummocks
Crypto tis parva
Ag, Cr
Ag, Cr, Ms
Ag
Ag
Ag, Ms
Ag, Cr, Ms
Ms
Ag, Cr, Ms
Ag
Ag, Cr
Ag
Ag
Ag
Ag
Ag
Ag
Ag
Ag, Ms
Cr
Ag, Ms
Ms
Ms
Cr
Cr, Ms
Ms
Ag
Exhibit H
Page 7
Page 32 of 126
Table 2.
ird Species Potentially Inhabiting the Nix Amendment Site
Classification/Common Name
Scientific Name
Preferred Habitat
Pelicans and Allies
Pied -billed Grebe
Eared Grebe
Western Grebe
Clark's Grebe
Herons
American Bittern
Snowy Egret
Cattle Egret
White-faced Ibis
Waterfowl
Mallard
Canvasback
Redhead
Vultures and Raptors
Northern Harrier
Swainson's Hawk
Red-tailed Hawk
Ferruginous Hawk
Golden Eagle
American Kestrel
Gallinaceous Birds
Ring-necked Pheasant
Wild. Turkey
Northern Bobwhite
Shorebirds
Virginia Rail
Sora
American Coot
Killdeer
Black -necked Stilt
Common Snipe
Wilson's Phalarope
Gulls and Terns
Forster's Tern
Black Tern
Pigeons and Doves
Rock Dove
Mourning Dove
Owls
Common Barn -Owl
Eastern Screech -Owl
Great Horned Owl
Short -eared Owl
Woodpeckers
Lewis' Woodpecker
Red-headed Woodpecker
Pu di lyn bus pea d i ceps
Pu chi ceps gri s,n a
Aechi orphus occidentoIis
Aechni.orphu,s clari i
Bataurus lentiginosus
Egretta tht.ala
Ruubulcus iliis
Plegadis chihi
Anas platy3rhynchos,
Aythya valisineria
Aythya americana
Circus cyaneus
Buteo swW 4nson l+
Buteo jamaicensis
Buteo regalia'
Aquila chryasactos
Falco sparverits
Phasianus colchinus
Meleagri,s ga ll opavo
Colinus virgin ianus
Raffia linz.icola
Porzana c'aro l ina
Fulica americana
Cl aradrius vociferous
unantopus Incxtcanus
Callinago gallinaga
Phalaropus tricolor
Sterna _ forsteri
Chlidonias niger
Cobra ba livita
Zena ida rnacroura
Tyto chic
Otus asio
Bubo virginiant.IS
As'io /161117 Moos
Meianerpes l wis
Melanerpes erythracephalus
Ms
Ms
Ms
Ms
Ms
Ms
Ms
Ms
Cr
Ms
Ms
Cr, Ms
Ag
Ag
Ag
Ag
Ag, RpL
Ag, Cr
Ag
Ag
Ms
Ms
Ms
A.g, Cr
Ms
s
r, Ms
Ms
Ms
Ag
Ag, Cr
Ag
Ag
Ag
Ag, Ms
Ag
Ag
Exhibit H
Page
Page 33 of 126
Table 2. Bird Species Potentially Inhabiting the Nix Amendment Site
(continued)
Classification/Common Name
Scientific Name
Preferred Habitat
Passerines
Say's Phoebe
Cassin's Kingbird
Western Kingbird
Eastern Kingbird
Northern Rough -winged Swallow
Bank Swallow
Cliff Swallow
Barn Swallow
Blue Jay
Black -billed lagp i e
American Crow
Black -capped Chickadee
Marsh Wren
American Robin
Northern Mockingbird
Brown Thrasher
Cedar Waxwing
European Starling
Yellow Warbler
Common Yellowthroat
Song Sparrow
Bobolink
Red -Winged Blackbird
Western Meadowlark
Yellow -headed Blackbird
Brewer's Blackbird
Common Grackle
Brown -headed Cowbird
Orchard Oriole
Northern Oriole
House Sparrow
Sayoi-nis sssaj1 a
Trannus vuci Brans
Tyrannus verticalis
Tyrannus r-annus
Stelei7 optefy^Lr sef rile /.is
RiparIa riparia
Hit -undo pyrrhonota
Hirundo rustic a
Cyanocitta cristate
Pica pica
Corvus br chpynchos
Pants altrTcaptllus
Cistothorus pah istris
Turdus rn ig ratorius
iinus polygTh ttos
Toxostonia r /itnni
Bonbyt lia (Jed()flhl'
Sturmts vulgarth
Dendroica petechia
Ge0thlypis trichas
Melasspiza inel'odia
Do lichonyx oryzivoriis
Agelaws phoeniceus
St rnella neglec ta
Xant acepahlus xanthoce halos
Eupha us cyanace halus
Qu isca bus quiscula
Molothrus titer
it terus spuriu:
I c ter us ga llru la
Passer domestic US
Habitat Types
Ag Agriculture
Cr Croplands
Ms Marshes, bogs, wet hummocks
Ag
Ag
Ag
Ag
Ag
Ag
Ag
Ag-
Ag-
AR
Ag
Ag
Ms
Ag
Ag
Ag
Ag-
Ag-
Ag
Ms
Ms
Cr
Ag, Ms
Ag, Cr
Ms
Ag
Ag
Ag, Ms
Ag
Ag
Ag
Exhibit H
Page 9
Page 34 of 126
Table 3. Reptile and Amphibian Species Potentially Inhabiting the Nix
Amendment Site
Classification/Common Name
Scientific Name
Preferred Habitat
Amphibians
Salamanders
Tiger Salamander
Toads and Frogs
Great Plains Toad
Woodhouse's Toad
Blanchard's Cricket Frog
Boreal Chorus Frog
Bull Frog
Northern Leopard Frog
Plains Spad.efoot
Turtles
Western Spiny Softhhell
Reptiles
Lizards
Northern Earless Lizard
Skinks
Northern Many -lined Skint
Snakes
Eastern Yellowbelly Racer
Plains Hognose Snake
Milk Snake
Bullsnake
Wandering Garter Snake
Western Plains Garter Snake
Red -sided Garter Snake
Habitat Types
Ag Agriculture
In
A 22bit's'torna tIg, rInitn#Z
Bulb cognatus
Bu o woodhousei woodhousei
/kris crepitans blanchardi
i
Pseudacris triseriata ,naculata
Rana catesb ana
Rana pipiens
Scaphiopus bombifrons
TrIonjis spin Iterus /2artwegi
Holbrookia rn acula to
E #nieces InUltivirgatim'
'olit1 er constrrictorflaviventris
Heterodon nasicus nasicus
Lampropeitis triang tlun2
Pituophis melanoleucus sayi
Thannnop/iis clega1.AS vagrans
Tharnnophis radix haydeni
Tharnnophis sirtalis pariet rlis
Intermittent ponds, reservoirs or streams
Ag, In
Ag, In
Ag, In
In
Ag, In
In
In
in
Ag
Ag
Ag
Ag
Ag
Ag
In
In
In
Exhibit H
Page 10
Page 35 of 126
EXHIBIT I - SOILS INFORMATION
The information provided in this Exhibit is intended to satisfy the requirements outlined in Section
6.4.9 of the Colorado Mined Land Reclamation Board Construction Material Rules and
Regulations:
(t) In n► ultatio with the Soil Conservation Service or other qualified person, the soils
are shown the Mining Plan Exhibit and attached to herein.
The soil types on the site are shown on the Existing Conditions Map provided in Exhibit C.
Nix- Gravel Mine — NLRB 112 Permit Amendment Application
Exhibit I - I
Page 36 of 126
EXHIBIT J - VEGETATION INFORMATION
The information provided in this Exhibit is intended to satisfy the requirements outlined in Section
6.4.10 of the Colorado Mined Land Reclamation Board Construction Material Rules and
Regulations:
(a) Description of present vegetation types including estimates of cover and height of
principal species in each life -form represented;
The subject property is actively farmed, with annual rotation of crops, commonly including
corn and hay. Information is provided in the attached Exhibit H - Wildlife Information,
prepared by Savage and Savage, based on a site investigation conducted on March 1st,
2020
(b) Relationship of present vegetation to soil types;
Areas immediately adjacent to and within approximately 200 feet of the proposed site
consist of agricultural, oil, and gas production, grazing, transportation (State Highway 66
and Weld County Roads 17 28, and 19), gravel mining and residential uses, with their
typical associations of vegetation. The site is generally associated with arable soils
supportive of a variety of crops.
(c) Estimates of annual production and carrying capacity if the choice for reclamation is
for range or agriculture.
Not applicable. The proposed reclamation is for a water storage reservoir.
Nix- Gravel Mine NLRB 112 Permit Amendment Application
Exhibit J -1
Page 37 of 126
EXHIBIT K CLIMATE INFORMATION
The information provided in this Exhibit is intended to satisfy the requirements outlined in Section
6.4.11 of the Colorado Mined Land Reclamation Board Construction Material Rules and
Regulations:
Provide a description of the significant climatological factors for the locality.
This properly is in a semi -arid continental climate strongly influenced by the Rocky Mountains. The
area is usually warm in the summer with frequent hot days. In winter, periods of very cold weather
are caused by arctic air moving in from the north or northwest. Milder periods occur when westerly
winds are warmed as they move down slope off of the mountains to the east.
Weather monitoring data is not available from the site. The nearest weather monitoring station is
at Brighton, Colorado. Data is collected from the Western Regional Climate Center. The table
below lists the mean monthly temperature, and average total precipitation on a monthly and annual
basis for the period of record from January 1, 1973 to December 31, 2012. Most of the
precipitation occurs as rainfall during the warmer part of the year with the heaviest rainfalls in the
late spring and early summer. Winter snowfall is frequent but the snow cover usually melts quickly
during the milder periods.
Mean Monthly
Temperature (F)
Average Total
Precipitation (in.)
Jan
29.1
.42
Feb
32.7
.39
Mar
40.9
Apr
48.7
1.76
May
57.7
2.33
Jun
67.7
1.60
Jul
73.4
1.64
Aug
71.1
1.63
Sep
62.5
0.95
Oct
50.9
0.92
Nov
38.1
0.76
Dec
29.7
0.51
Annual
50.2
14.03
Mx - Gravel Mine - MLRB 112 Permit Application
Exhibit K -1
Page 38 of 126
EXHIBIT L RECLAMATION COSTS
The information provided in this Exhibit is intended to satisfy the requirements outlined in Section
6.4.12 of the Colorado Mined Land Reclamation Board Construction Material Rules and
Regulations:
Slurry walls will be installed before mining at the site begins. After the slurry walls have been
installed the initial stages will be mining out the Siltation Pond and Freshwater Pond to establish
the plant. Since the commencement of mining operations and establishing the plant is expected to
take multiple years reclamation costs have only been provided for the slurry walls and the initial
stages at the site.
Please refer to the attached table for estimates of quantities and associated costs.
Hunt Water, LLC —Gravel Min — MLRB 112 Permit Application
Exhibit L -1
Page 39 of 126
EXHIBIT L - RECLAMATION COST
Activity
Quantity
U n its
Unit Costs
Cost
A. Processing area/Office/Shop
1 Remove concrete
pad for wash
plant
15
CY
$ 65.00
$ 975.00
2 Demolish and remove shop
1
LS
$ 2,000.00
$ 2,000.00
3 Remove concrete footings for office
8
CY
$ 65.00
$ 520.00
4 Remove concrete
base for scale
10
CY
$ 65.00
$ 650.00
5 Scarify ground
7
Acres
$ 150.00
$ 1,050.00
6 Spread
12"
topsoil
11,300
CY
$ 0.75
$ 8,475.00
7 Seed and Mulch
7
Acres
$ 900.00
$ 6,300.00
Subtotal $ 19,970.00
B. Batch Plant.
1 Remove concrete
pad for wash
plant
15
CY
$ 65.00
$ 975.00
2 Scarify ground
7
Acres
$ 150.00
$ 1,042.50
3 Spread
12"
topsoil
11,300
CY
$ 0.75
$ 8,475.00
4 Seed and Mulch
7
Acres
$ 900.00
$ 6,255.00
Subtotal $ 16,747.50
D. Freshwater and Silt Pond
1
Backfill Silt
Pond 7 acres, 47 feet
deep,
60% recovery
255,000
CY
$ 2.05
$ 522,750.00
2 Backfill Freshwater Pond 20 acres, 47 feet deep,
60% recovery
844,000
CY
$ 2.05
$ 1,730,200.00
3 Scariffy Ground
27
Acres
$ 150.00
$ 4,050.00
4 Spread
12"
topsoil
43,000
CY
$ 1.50
$ 64,500.00
5 Seed and Mulch
27
Acres
$ 900.00
$ 24,300.00
Subtotal $ 2,345,800.00
F. Slurry Wall @ 100%
Installation Cost ($4.75
per SF)
per DRMS Bonding Requirement.
Assumes 61'(N
arth) and 52I(South) average depth (including 4' key into bedrock.)
North Slurry Wall @100%,
9,421
linear feet of slurry wall
580,264
SF
$ 4.75
$ 2,756,255.90
South
Slurry Wall @100%,
9,159
linear feet of slurry wall
479,693
SF
$ 4.75
$ 2,278,541.75
Subtotal
$ 5,034,797.65
Total Disturbance Costs $ 7,400,567.65
Indirect Costs
Overhead & Profit
Performance Bond (2.02%) - Based on DRMS estimate
$ 149,491.47
Performance Bond (3.07%) - Based on DRMS estimate
$ 77,705.96
Job Superintendent
(240 hours @ $75/hr) - Based on DRMS estimate $ 18,000.00
Contractor Mob and DeMob (3%) - Based on DRMS estimate $ 222,017.03
Contractor Overhead and Profit (10%)
- Based on DRMS estimate $ 740,056.77
Subtotal $ 1,207,271.22
Contract Amount (direct + O & P) $ 8,607,838.87
Legal, Engineering & Project Management
Financial warranty
processing (legal/related costs) ($500) $ 500.00
Engineering Work and/or contract/bid
preparation
(4.25%) $ 365,833.15
Reclamation
management and/or administration
(5%) - Based on DRMS estimate $ 430,391.94
Contingency (3%) $ 222,017.03
Subtotal $ 1,018,742.13
Total Indirect Costs $ 2,226,013.35
I Total Bond Amount $ 9,626,581.00 I
Page 40 of 126
EXHIBIT M - OTHER PERMITS AND LICENSES
The information provided in this Exhibit is intended to satisfy the requirements outlined in Section
6.4.13 of the Colorado Mined Land Reclamation Board Construction Material Rules and
Regulations.
The Operator has obtained or will apply for the following permits prior to mining:
Colorado Department of Public Health and Environment
Air Pollution Emission Notice (ADEN) Permit
Colorado Discharge Permit System (DP) and Storm Water Management Plan — Storm
Water Only
Weld County
Use by Special Review — a USR amendment is being submitted concurrently to Weld
County with this DRMS 112 Amendment. The operation is currently approved as U R-
1343. including a recent minor amendment (IMUSR 20-02-1343) permitting slurry wall
installation in the northeast quarter -section of the subject property.
Colorado Department of Natural Resources
Substitute Water Supply Plan
Gravel Well Permit
Nix— Gravel Mine — MLRB 112 Permit Application
Exhibit M - 1
Page 41 of 126
EXHIBIT N - SOURCE OF LEGAL RIGHT TO ENTER
This information provided in this Exhibit is intended to satisfy the requirements outlined in Section
6.4.7 of the Colorado Mined Land Reclamation Board Construction Material Rules and
Regulations. Please refer to the attached legal right -to -enter documents.
Permitee owns the land. See attached Special Warranty Deed dated September 28, 2004.
Nix — Gravel Mine — MLRB 112 Permit Application
Exhibit N -1
Page 42 of 126
SPECIAL WARRANTY DEED
THIS DEED, is made, entered into and effective the 28th day of September, 2004, between
OWENS BROS. CONCRETE Co., a Colorado corporation whose legal address is 5550
Sheridan Boulevard, Arvada, Colorado 80002, of the County of Adams and State of Colorado
("Grantor"), and
READY MIXED CONCRETE COMPANY, a Colorado corporation whose legal address is
4395 Washington Street, Denver, Colorado 80216 ("Grantee").
WITNESS, that the Grantor, for and in consideration of the sum of TEN DOLLARS and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has
granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and
confirm unto the Grantee and Grantee's successors and assigns forever, all the real property, together
with improvements, if any, situate, lying and being in the County of Weld, and State of Colorado,
described as follows:
SEE EXHIBIT A ATTACHED HERETO AND BY THIS REFERENCE
INCORPORATED HEREIN.
Also known by street and number as: vacant land and 8133 County Road 28, Platteville, Weld
County, Colorado.
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging or in
anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and
profits thereof, and all the estate, right, tide, interest, claim and demand whatsoever of the Grantor,
either in law or equity, of, in and to the above bargained premises, with the hereditaments and
appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the Grantee and Grantee's successors and assigns forever. And the Grantor, for
Grantor and its successors and assigns, does covenant, grant, bargain and agree to and with the
Grantee and Grantee's successors and assigns, that at the time of the ensealing and delivery of these
presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful
authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same
are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments,
encumbrances and restrictions of whatever kind or nature soever, except for taxes for the current
year, a lien but not yet due or payable, easements, restrictions, reservations, covenants and
rights -of -way of record, if any.
The Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises
in the quiet and peaceable possession of the Grantee and Grantee's successors and assigns, against all
and every person or persons lawfully claiming the whole or any part thereof by, through or under
Grantor.
Page 43 of 126
The singular number shall include the plural, the plural the singular, and the use of any gender
shall be applicable to all genders.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above.
OWENS BROS. CONCRETE CO.
By
Title:
STATE OF COLORADO
COUNTY OF
ss.
714
The foregoing instrument was acknowledged before me this a day of , 2004, by
AelittlEOwens , as 3 of
Witness my hand and official seal.
:.itplEARE
•a 1, sear .
.
a
• 117J
%6#•• puisoc :et
4•••• ai.
14isew •••40,-
tary Public
My commission expires:
Page 44 of 126
Exhibit
To
Special Warranty Deed
LEGAL DESCRIPTION
Parcels!:
The NE 1/4 and the NW 114 of the SE 1/4 of Section 28, Township 3 North, Range 67 West, 6th
P.I., County of Weld, State of Colorado.
EXCEPTING THEREFROM a parcel of land conveyed to The Department of Highways, State of
Colorado by Deed recorded December 5, 1957 in Book 1491 at Page 158, more particularly
described as follows:
The N1/2 of the NE 1/4 of Section 28, Township 3 North, Range 67 West of the 6th P.M., in
County of Weld, State of Colorado, said tract or parcel being more particularly described as
follows:
Beginning at a point on the East line of Section 28, Township 3 North, Range 67 West, from
which point the Northeast corner of Section 28 bears North 0 degrees 32 minutes West, a distance
of 90.0 feet;
1) thence along the East line of Section 28, North 0 degrees 32 minutes West, a distance of
90.0 feet to the Northeast corner of Section 28;
2) thence along the North line of Section 28, North 89 degrees 49 West, a distance of 2,590.0
feet to the Northwest corner of the NE 1/4 of Section 28;
3) thence along the West line of the NE114 of Section 28, South 0 degrees 24 minutes East, a
distance of 40.0 feet;
4) thence South 89 degrees 49 minutes East, a distance of 2,512.1 feet;
5) thence South 45 degrees 10 minutes 30 seconds East, a distance of 71.2 feet to a point on
the existing West County Road right of way;
6) thence South 89 degrees 49 minutes East, a distance of 28.0 feet, more or less, to the
point of beginning.
ALSO EXCEPTING a parcel of land located in part of the SE I/4NEI/4 of Section 28, Township 3
North, Range 67 West, 6th P.M., County of Weld, State of Colorado and being more particularly
described as:
Considering the North line of the NE1/4 of said Section 28 to bear South 89 degrees 34 minutes
43 seconds East, as monumented and shown on the plat, and all bearings contained herein relative
thereto:
Beginning at the East Quarter corner of said Section 28;
thence North 00 degrees 17 minutes 32 seconds West, 271.48 feet along the East line of said
Section 28 to a point;
thence South 89 degrees 42 minutes 28 seconds West, 325.40 feet;
thence South 00 degrees 17 minutes 32 seconds East, 267.08 feet to a point on the South line of
the NE 1/4 of said Section 28;
thence South 89 degrees 31 minutes 05 seconds East, 325.45 feet to the Point of Beginning.
Also known as street and number as: vacant land.
Assessor Tax Parcel: 120928000005
Page 45 of 126
Parcel 2:
The SW1/4 of the SEIM and the 51/2 of the W1/4 of Section 28, Township 3 North, Range 67
West, 6th P.M., County of Weld, State of Colorado.
Also known as street and number as 8133 County Road 28, Platteville, Colorado 80651
Assessor Tax Parcel: 12092800006
Page 46 of 126
4
DR 1083 (09/96)
Colorado Department of Revenue
1375 Sherman Street
Denver, Colorado 80261
INFORMATION WITH RESPECT TO A CONVEYANCE
OF A COLORADO REAL PROPERTY INTEREST
1. Name(s) and address of transferor(s) OWENS BROS. CONCRETE CO., A
'COLORADO CORPORATION.
2. Transferor is (check one) .� individual estate - other (specify)
_xxx corporation trust a Colorado limited liability limited partnership
3. Social Security Number(s) / or Colorado account number of transferor
4. Federal employer identification number of transferor:
$;iqaao5-7o3zJ)_
5. Type of property sold COMMERCIAL
6. Address or legal description of property 8133 COUNTY ROAD 28, PLA't'�'
CO 80651,
7. Date of Closin
8. Selling price of property ,' ' 3/ 'SC a u
9. Selling Price of this transferor's interest "40 %. 4 S
10. If Colorado tax was withheld, check here:
11. Amount of tax withheld $
12. If withholding is not made, give reason (check one)
a. Affirmation of Colorado residency signed
b. Affirmation of permanent place of business
c. Affirmation of principal residence signed
d. Affirmation of partnership signed
e. Affirmation no tax reasonable estimated to be due
Or no gain on sale signed
f. No net proceeds
it
13. Name, address and telephone number of title insurance company or other person
providing closing and settlement services with respect to this transfer:
Lawyers Title Insurance Company
1099 18th Street, Suite 2850
Denver, Colorado 80202
Case No. DLC 10467014
File this form together with form 1079, if applicable, within 30 days of the dosing date with the
Page 47 of 126
AFFIRMATION OF COLORADO RESIDENCY
I(we)hereby affirm that I am (we are) the transferor(s) of the transferor of the property described on
this Form 1083 and that as of the date of closing I am (we are) or the estate or the trust is a resident of
the State of Colorado.
Signed under thj penaif
Pe
signature of fiduciary date
signature of fiduciary
date
AFFIRMATION OF PERMANENT PLACE OF BUSINESS
I hereby affirm that the transferor of the property descried on this Form 1083 is a corporation which
maintains a permanent place of business in Colorado.
BY:
signature of corporate officer date
AFFIRMATION OF SALE BY PARTNERSHIP
Y hereby affirm that the transfer of property described on this Form 1083 was sold by an organization
defined as a partnership under section 761(a) of the Internal Revenue Code and required to file an annual
federal partnership return of income under section 6031(a) of the Internal Revenue Code.
Signed under the penalty of perjury:
signature of general partner date
AFFIRMATION OF PRINCIPAL RESIDENCE
I(we) hereby affirm that I am (we are) the transferor(s) of the property described on this Form 1083 and
immediately prior to the transfer it was my (our) principal residence which could qualify for the roll over
of gain provision of section 1034 of the internal revenue code.
Signed under the penalty of perjury:
signature of transfer date
spouse's signature if applicable date
AFFIRMATION OF NO REASONABLY ESTIMATED TAX TO BE DUE
I(we) hereby affirm that I am (we are) the transferor(s) or an officer of the corporate -transferor or a
fiduciary of the estate or trust -transferor of the property described on the front side of this form, and I
(we) further affirm that there will be no Colorado income tax reasonably estimated to be due on the part
of the transferor(s) as the result of any gain realized on the transfer.
PLEASE UNDERSTAND BEFORE YOU SIGN THIS AFFIRMATION THAT NONRESIDENTS
OF COLORADO ARE SUBJECT TO COLORADO TAX ON GAINS FROM THE SALE OF
COLORADO
REAL ESTATE TO THE EXTENT SUCH GAINS ARE INCLUDED IN FEDERAL TAXABLE
INCOME.
signature of transferor, officer or fiduciary date
spouse's signature if applicable date
Page 48 of 126
SELLER rS AFFIDAVIT
STATE OF
es,
COUNTY OF
I, OttCOLA C 4- tr. COWL- A , being duly sworn under oath hereby depose and
say as follows:
1. I am the PR .5 .06-10- of the corporation acting as the seller (Seller) of an
interest in real property (Property) described as the insured land under title
insurance commitment no. 10467014 (Commitment) issued by or on behalf of
Lawyers Title Insurance Company (Title Company), and have full and proper
authority to make this affidavit. Furthermore, I have personal knowledge of the
facts asserted herein, or I have acquired such knowledge by due and diligent
investigation of all relevant records and inquiry of persons who I deem reliable who
have such personal knowledge.
2. There are no leases, tenancies, options or rights of first refusal to purchase the
Property, or any part thereof or interest therein that are not now shown on the
Commitment, except: (See Attachment)
If none, please initial here:
iro
3. There are no recently executed deeds, contracts, leases, easements, mortgages
or other security interests affecting the Property, or any part thereof or interest
therein, whether or not recorded, that are not now shown on the Commitment,
except:
If none, please initial here: lerlD
4. No labor or materials have been furnished to the Property for improvements within
the last 120 days, nor have any contracts been entered into for such
improvements, except:
If none, please initial here: ileire
5. Other than items to be paid at the closing, there are no taxes or assessments
which are due or about to become due, or which have attached, or about to
become attached, as a lien affecting the Property, that are not now shown on the
Commitment, except:
If none, please initial here:
se)
Page 49 of 126
6. There are no Judgments against the Seller that could claim any lien upon the
Property, or legal actions now proceeding in which the Seller is a party in any State
or Federal Court that could affect any interest in the Property, or claim any
objection to the proposed sale of the Property, that are not now shown on the
Commitment, except:
If none, please initial here: ain,
�. The partnership or corporation that is the Seller is in good standing under
applicable laws, there are no actions for bankruptcy, receivership or insolvency
pending in any State or Federal Court affecting the Seller, and the contemplated
sale of the Property by said entity is pursuant to proper authority_
8. AU service, installation, connection, maintenance or construction charges for
sewer, water, electricity or garbage collection or disposal, or other utilities which
are due or which accrue before the day of closing of the sale will be paid by Seller
directly either at the closing or upon subsequent notification by the purchaser.
I make this affidavit under penalties of perjury and for the purpose of inducing the Title
Company to issue a title insurance policy on the day of closing in conformance with the
Commitment, free and clear of any general exceptions for parties in possession or
unrecorded mechanic's lien claims. The Seller agrees to hold the Title Company
harmless from loss or claims based on title insurance policies issued in reliance upon this
affidavit and arising from inaccuracy in these assurances.
Dated:
OWENS BROS. CONCRETE CO., A
COLORADO CORPORATION
THE FOREGftutirte.itower
GINSTRUMENT WAS ACKNOWLEDGED before me this da of
Y
2004, by: asY,
Owens Family Limited Partnership, L.L.L.P., A Colorado limited liability limited partnership
[Print or type name]
Notary Public in and for the State of
residing at
My appointment expires
SELLER'S AFFIDAVIT Page 2
Page 50 of 126
t
REAL PROPERTY TRANSFER DECLARATION
MN1000)
)
GENERAL INFORMATION
PURPOSE: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments
for all property for property tax purposes. Refer to 39-14-102(4), Colorado Revised Statues (C.R.S.).
REOUI MENI`S: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation
must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor (seller) or grantee
(buyer), Refer to 39-14-102(1)(a), C.R.S.
PENALTY FOR NONCOMPLIANCE: Whenever a Real Property Transfer Declaration does not accompany the deed, the clerk and recorder
notifies the county assessor who will send a notice to they buyer requesting that the declaration be returned within thirty days after the notice is mailed.
If the Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessor may impose a penalty of
$25.00 or .025p (.0025) of the sales price, whichever is greater. This penalty may be imposed for any subsequent year that the buyer fails to submit the
declaration until the property is sold. Refer to 39-14-102(1)(b), C.R.S.
CONFIDENTIALITY: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is
only available to the seller if the seller fled the Declaration, information derived front the Real Property Transfer Declaration is available to any
taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. 39-5-121.5, C.R.S. and 39-13-102(5)(c), C.R.S.
1. Address and/or legal description of the real property sold. (Please do not use P.O. box number
8 133 COUNTY ROAD 28, PLATTEVILLE, COLORADO 80651
2. Type of property purchased. 0 Single Family Residential 0 Townhotne O Condominium 0 Multi -Unit Res
O Commercial 0 Industrial RE Agricultural 0 Mixed Use 0 Vacant Land O Other
3. Date of closing: September24004
4. Total Sales Face: including all real and personal property, $ % 43,1a2 C • ei•
5. Was any personal property included in the transaction? Personal property would include, but not limited to, carpeting, drapes, free
standing appliances, equipment, inventory, furniture. If the personal property is not listed, the entire purchase pnce will be assumed to be
for the real property as per 39-13-102, C.R.S.
0 Yes Et No If yes, approximate value $ Describe
6 Did the total sale price include a trade or exchange of additional real or personal property? if yes, give the approximate value of the goods or
services as of the date of closing.
Q Yes 171+ No If yes, value $
If yes, does this transaction involve a trade under IRS Code Section IQ31 ? 0 Yes O No
7. Was 100% interest in the real property purchased? Mark "no" if only a partial interest is being purchased.
S Yes 0 No If no, Interest purchased
8. Is this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties include persons within the same
family, business affiliates, or affiliated corporations.
0 Yes vt No
9. Check any of the following that ap ly to the condition of the improvements at the time of purchase.
O New 0 Excellent Good 0' Average 0 Fair O Poor 0 Salvage.
If the property is financed, please complete the following:
10. Total amount financed. $0.00
11. Type of financing- (Check all that apply)
Q New O Assumed O Seller O Third Pasty
Q Combination; Explain
12. Terms: 0 Variable; Starting interest rate _
Terms: 0 Fixed; Interest rate
Length of tune years
Balloon payment 0 Yes 0 No; Amount
Due Date
13. Please explain any special terms, seller concessions, or financing and any other information that would help the
Assessor understand the terms of the sale.
Page 51 of 126
J
REAL PROPERTY TRANSFER DECLARATION
(TD -1000)
For properties other than residential (Residential is defined as: single family detached, townhomes, apartments, and condominiums) please complete
the questions 14-16 if applicable. Otherwise, skip to #17 to complete.
14. Did the purchase price include a franchise or license fee? O Yes [4 No
If yes, franchise or license, fee value? $
15. Did the purchase price involve an installment land contract? O Yes WI No
If yes, date of contract
16. If this was a vacant land sale, was an on -site inspection of the property conducted by the buyer prior to the
closing? ciac Yes II No
Remarks: Please include any additional information concerning the sale you may feel is important
17. Signed on this y of
,are
Signature of Grantee (Buyer) O or Grantor (Seller)
20 r Please designate buyer or seller.
Mailing Address
.-3—#04-2,, aril' • r rdOik 44./te,-/
,C1 -442r a>74 W7O1=2--%
DaYnnle Phone -7,eza qz isergrOt
Page 52 of 126
SUBSTITUTE FORM 1099 S
This is important tax information and is being furnished to the Internal Revenue Service. If you are
required to file a return, a negligence penalty or other sanction will be imposed on you if this item is
required to be reported and the Internal Revenue Service determines that is has not been reported.
Note: This form is for use only by Transnation Title Insurance Company.
Do not mail to Internal Revenue Service.
1. Name of Branch, Agent, Approved Attorney
Lawyers Tide Insurance Company
1099 18th St. #2850
Denver, CO 80202
303-291-3300
2. Case/File No. 3. Agent/Dept. No.
DLC 10467014
4. Tax ID No.
15803 540278740
Seiler name (Recipient) (Last Name First)
OWENS BROS. CONCRETE CO., A COLORADO CORPORATION
6. Seller forwarding address
7. City 8. State
aretreeptee.. co
10 Tax ID Na
x La 4 340
11. Property Description (Address)
COLORADO 80651
Ssard eaclitzautes*• Mtn/
9. Zip
ac)Z
8133 COUNTY ROAD 28, PLATTEVILLE,
12. Gross proceeds t s t I L t • op
13. Check line if consideration other than cash was or will be received.
14. Closing date 15. Buyers part of real estate tax
September 2004
N/A
Seller is required by law to provide the correct taxpayer identification number. If correct taxpayer
identification number is not provided, then he/she may be subject to civil or criminal penalties imposed
by law.
Under penalties of perjury, I certify that the taxpayer identification number shown in this statement is
my correct taxpayer identification number.
OWENS BROS CONCRETE CO, A COLORADO CORPORATION
BY ��I
Page 53 of 126
Seller's Certification of Nonforeign Status
Section 1445 of the Internal Revenue Code provides that a transferee (buyer) of a U.S. real
property interest must withhold tax if the transferor (seller) is a foreign person. For U.S. tax
purposes (including 1445), the owner of a disregarded entity (which has legal title to a U.S. real
property interest under local law) will be the transferor of the property and not the disregarded
entity. To inform the transferee that withholding of tax is not required upon the transfer of the
U.S. real property interest by
("transferor") , the undersigned hereby certified the following (if transferor is an entity,
on behalf of the transferor):
•
A. INDIVIDUAL TRANSFEROR(S)
1. 1 am not a nonresident alien for purposes of United States income taxation,
2. My U.S. taxpayer identification number (social security number) is
and
3. My home address is: - - - - -- —
4
B. CORPORATION, PARTNERSHIP, TRUST, OR ESTATE TRANSFEROR(S)
1. Transferor is not a foreign corporation , foreign partnership, foreign trust, or foreign
estate (as those terms are defined in the U.S. Internal Revenue Code and Treasury
Department Regulations);
2. Transferor is not a disregarded entity as defined in 1.I445 b 2 ii);
3. Transferor's U.S. taxpayer identification number is
and
4. Transt is office address is ,sar�,,stry __ issich:449.,_
•
C. The transferor understands that this certificate may be disclosed to the Internal Revenue
Service, that any false statement contained in this certificate may be punished by fine or
imprisonment or both, that transferee is relying on this certificate in determining whether
withholding is required, and that transferee may face liabilities if any statement in this
certificate is false.
D. Transferor hereby indemnifies transferee from any liability or cost which transferee may
incur as a result of (1) the Seller's failure to pay any U.S. Federal income tax which such
transferor is required to pay under applicable U.S. law, or (2) any false or misleading
statement contained in this certification.
Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge
and belief it is true, correct and complete (and, for an entity transferor, I further declare that I have the
authority to sign this document on behalf of transferor.
OWENS BROS. CONCRETE CO., A COLORADO
CORPORATION
Signa
printed nam
Title (if signed on behalf of an entity transferor)
Revised 1/1/04
Page 54 of 126
EXHIBIT O - OWNERS OF RECORD OF AFFECTED LAND (SURFACE AREA)
AND OWNERS OF SUBSTANCE TO BE MINED
The information provided in this Exhibit is intended to satisfy the requirements outlined in Section
6.4.15 of the Colorado Mined Land Reclamation Board Construction Material Rules and
regulations:
Owners of Surface Area and Owners of Substance to be mined
The property and the substance to be mined are owned by:
READY MIXED CONCRETE COMPANY
2500 E. Brannan Way
Denver, CO80229
Nix - Gravel Mine — MLRB 112 Permit Amendment Application
Exhibit 0 -1
Page 55 of 126
EXHIBIT P - MUNICIPALITIES WITHIN TWO MILES
The information provided in this Exhibit is intended to satisfy the requirements outlined in Section
6.4.16 of the Colorado Mined Land Reclamation Board Construction Material Rules and
regulations:
List any municipalities within two miles of the proposed mining operation and address of
the general office:
The following municipal boundaries are located within two miles of the permit area:
Town of Firestone
P.O. Box 100
Firestone, CO 80520
Town of Platteville
400 Grand Avenue
Pla' eville, CO 80651
Town of Mead
441 Third Avenue
Mead, CO 80524
Nix Gravel Mine — MLRB 112 Permit Amendment Application
Exhibit P -1
Page 56 of 126
EXHIBIT - PROOF OF MAILING OF NOTICES TO COUNTY COMMISSIONERS
AND CONSERVATION DISTRICT
Nix - Gravel Mine — NLRB 112 Permit Amendment Application
Exhibit B I
Page 57 of 126
March 2nd, 2021
VIA: Certified Mail/Hand Delivered
Longmont Soil Conservation District
9595 Nelson Rd D,
Longmont, CO 80501
RE: MLRB (112) Operation Reclamation Permit Application, Weld County, Colorado; Nix
Gravel Mine
To Whom it May Concern:
Ready Mixed Concrete Company, LLC is applying for a MLRB permit amendment to mine sand at the
project site. The site is located on the south side of Highway 66, east of the Saint Arai n River. More
specifically, the site is within parts of Section 28, Township 3 North, Range 67 West of the 5th Principal
Meridian. The mine is in an area of irrigated agricultural land with common oil and gas wells and related
infrastructure and is bound by Highway 66 on the north; Weld County Road 19 east; Weld County Road 25
on the south, and Weld County Road 17 and the Varra Gravel Mine on the west.
As required by the DRMS regulations, we have enclosed the following information for your review:
• Construction Material Regular (112) Operation Reclamation Permit application form
• Exhibit B Index Map
• Exhibit C Pre -Mining Plan Map
Exhibit D Mining Plan
Exhibit E Reclamation Plan
Exhibit F Reclamation Plan Map
Exhibit I Soils Information
• Exhibit J Vegetation Information
If you have any questions, please feel free to contact me at 303-833-1416, ext. 210.
Sincerely,
CIVIL RESOURCES, LLC
Kyle Regan
Project Geologist
J:1Brannan\Nix\DRMS-AMENDMEN11 ubmittal_Feb2021\NOTICE Cltr Longmont SOS - Nix,doc
iSeciA4e-ezig /2-7
"g•Thal 1).4iilage 58 of 126
March 21d, 2021
Board of County Commissioners
915 Tenth Street
P. O. Box 758
Greeley CO 80632
VIA: Certified Mail/Hand Delivered
RE: Division of Reclamation Mining and Safety, Mine Land Reclamation Board (112) Operation
Reclamation Permit Application, Weld County, Colorado; Nix Gravel Mine
Dear Board:
Ready Mixed Concrete Company, LLC is applying for a MLRB permit amendment to mine sand at the
project site. The site is located on the south side of Highway 66, east of the Saint Vrain River. More
specifically, the site is within parts of Section 28, Township 3 North, Range 67 West of the 801 Principal
Meridian. The mine is in an area of irrigated agricultural land with common air and gas wells and related
infrastructure and is bound by Highway 66 on the north; Weld County Road 19 east; Weld County Road 28
on the south, and Weld County Road 17 and the Varra Gravel Mine on the west.
As required by the DRMS regulations, we have enclosed the following information for your review:
Construction Material Regular (112) Operation Reclamation Permit application form
Exhibit B Index Map
Exhibit C Mining Plan Map
Exhibit F Reclamation Plan Map
If you have any questions, please feel free to contact me at 303-833-1416, ext. 210:
Sincerely,
CIVIL RE5gURGES, LLC
le gan
Project Geologist
J:\Bestway-213\InouyeCRMS'NOTICE Oftr Onty Cmrnsrs.doc
RECEIVED
MAR 0 2 2021
WELD COMMISSIONERS
Page 59 of 126
EXHIBIT R - PROOF OF FILING WITH COUNTY CLERK OR RECORDER
N i - Gravel Mine — MLRB 112 Permit Amendment Application
Exhibit B I
Page 60 of 126
March 2nd, 2021
Clerk to the Board of Weld County Commissioners
915 Tenth Street, Rm 317
Greeley, CO 80632
RE: Nix, Gravel Mine Permit
Dear Clerk to the Board:
As a requirement of the Division of Reclamation Mining and Safety (ORMS), the complete Nix,
Gravel Mine application must be on file at the County Clerk's Office and be available for public
viewing. A copy of the complete application on behalf of Ready Mixed Concrete Company, LLC is
attached. Please sign below to indicate that you have received the above -mentioned information
and return this page to us by email at kyle@civilresources.com.
As always, thank you for your assistance.
Sincerely,
Civil Resources, LLC
yle Regan
Project Geologist
Confirmation of Receipt:
I have receiv:.86'El r? documents, and will put it on file for public viewing,
MAR 0 2 2021
County Clerk Wet= UNTY
COMMISSIONERS
J:\Bestway-213\Inouye\DRMSkletter to clerf _signature regted,doc
Date
Page 61 of 126
EXHIBIT S - PERMANENT MAN-MADE STRUCTURES
The information provided in this Exhibit is intended to satisfy the requirements outlined in Section
6.4.19 of the Colorado Mined Land Reclamation Board Construction Material Rules and
Regulations.
Where the affected lands are within two hundred (200) feet of any significant, valuable and
permanent man-made structure, the applicant shall:
a Provide a notarized agreement between the applicant and the persons) having
an interest in the structure, that the applicant is to provide compensation for any
damage to the structure; or
b) The applicant shall provide an appropriate engineering evaluation that
demons tra tes that such structure shall not be damaged by activities occurring
at the mining operation: or
c) Where the structure is a utility, the Applicant may supply a notarized letter stating
that the mining and reclamation as proposed will have no negative effect on their
utility.
The known, permanent, man-made structures within 200 feet of the proposed mine areas
are listed as follows:
S
i
S
i
•
.
.
•
.
•
KERR MC EE/ ANADARKO GAS LINE SOUTH - 56.9'
KERR MCGEE/ANADARKO GAS LINE SOUTH - 64.46'
KERR MCGEE/ANADARKO WATER LINE SOUTH - 72.39'
KERR MCGEE/ANADARKO GAS LINE SOUTH - 77.91
KERR MCGEE/ANADARKO GAS LINE SOUTH - 15230'
COUNTY ROAD 26 - 150.88'
KERR MCGEE/ANADARKO DARKO GAS LINE WEST OF FRESH WATER POND - 30'
COUNTY ROAD 17 - 71.6'
COLLINS CONSTRUCTION, 13187 CO RD 17 - 161'
KERR-M ' EE/ANADARKO NG SEPARA TOR - 71.83'
KERR-MCGEE TANKS - 112.58'
VARRA FENCE NORTH OF FRESH WATER POND — 84.39'
COUNTY ROAD 19- 106'
Nix HOUSE -183'
XCEL OVERHEAD ELECTRIC— Distance Varies
COLORADO 66— 101'
KERR-MCGEE WELL SOUTH EAST— 30'
KERR-MCGEE GAS LINE SOUTH EAST— 30'
RALPH NIX PRODUCE #28-t WELL(KERR-MCGEE)
STRONG P 28-2 WELL KERR- C EE)
NIX R #28-69HN WELL(KERR-MCGEE)
STRONG FARMS INC8-10L WELL(KERR-MCGEE)
R- OGEE)
Ready Mixed Concrete Company Nix Gravel Mine — MLRB 112 Permit Application
Exhibit S -1
Page 62 of 126
READY #19-28 waL(KERR-MCGEE
1
The Applicant will attempt to contact the owner of listed structures that are determined to
be significant, valuable and permanent, first offering the ORl-approved structure
agreement to be notarized and returned at the discretion of the structure owner. In the
event that some structure owners do not accept the agreement, please refer to the
attached engineering stability analysis that shows that structures shall not be damaged by
activities occurring at the mining operation.
Ready Mixed Concrete Company Nix Gravel Mine — MLRB 112 Permit Application
Exhibit S - 2
Page 63 of 126
ATTACHMENT A - NIX STABILITY ANALYSIS
Nix- Gravel Mine — MLRB 112 Permit Amendment
Exhibit C
Page 64 of 126
January 14, 2020
Mr. Joe Lamanna
Ready Mixed Concrete Company
11778 Highway 52
Fort Lupton, CO 80621
Re: Stability Analysis for the Nix Gravel Mine
Dear Mr. Lamanna:
This letter has been prepared to address the Mined Land Reclamation Board (MLRB) Construction Materials Rule 6,
Section 4, Subsection 19, Exhibit S - Permanent Man -Made Structures (6.4.19, Exhibit 5) for the proposed Nix Gravel
Mine located in Weld County, Colorado. This letter describes the project and slope stability analyses utilized to evaluate
the minimum distance between the edge of mining and adjacent structures to avoid damage to the structure.
The site is located at the southwest corner of the intersection of State Highway 66 and Weld County Road 19,
approximately 3.3 miles west of the town of Platteville, Colorado. More specifically, the mine is within part of Section 28,
Township 3 North, Range 67 West of the 6th Principal Meridian. The site is 0.6 miles east of the Saint Vrain River in an
area of agricultural land with common oil and gas wells and related infrastructure. The mine plan is shown on Figure 1.
The site will be mined in three cells located on the southwest (Cell 1), south central (Cell 2) and the northeast (Cell 3)
parts of the site. The Cells 2 and 3 will be lined with soil-bentonite slurry walls and will be reclaimed as below grade
reservoirs. Cell 1 will receive wash fines from the processing of mined sand and gravel.
Based on the stability analyses, this report indicates that the setbacks and perimeter slopes in the mining plan are
sufficient to protect structures within 200 feet of the permitted mining boundary. Actual setbacks may be greater due to
permit limitations, zoning requirements, construction issues, agreements with owners, and extent of economically
mineable aggregate or other issues.
GEOLOGY
The Site is located approximately 20 miles east of the eastern flank of the Rocky Mountain Front Range. Younger
sedimentary strata dip eastward off the Pre -Cambrian igneous and metamorphic rocks that form the core of the Front
Range into the Denver Structural Basin. The Denver Basin is an asymmetrical downwarp of sedimentary strata with a
steeply dipping west limb and a gently dipping east limb.
Bedrock does not crop out at the site, however regional geologic mapping of the area (Colton, 1978) indicates the near
surface bedrock at the site is most likely either the Fox Hills Sandstone and/or the Laramie Formation. Colton (1978)
describes the Fox Hills Sandstone as cross bedded sandstone that grades downward to a fine grained silty sandstone
interbedded with gray fissle shale. Colton (1978) describes the Laramie as mostly claystone, shale, sandy shale, and
lenticular sandstone with common coal beds in its lower section. The regional mapping indicates the bedrock is overlain
by the Piney Creek and Broadway Alluviums. The Piney Creek is mapped over most of the site. The Broadway is
mapped on the southeast part of the site. Colton (1978) describes these alluvial deposits as sandy to gravelly alluvium.
The Piney Creek Alluvium is usuallycovered in flood waters. The Broadway Alluvium forms the adjacent higher terrace
that is typically 20 to 40 feet above major streams.
GEO TECHNICAL CONDITIONS
Based on the site investigations, the natural site stratigraphy generally consists of three main units: 1) Overburden
generally consisting of clayey and silty sands; 2) sand and gravel alluvial deposits that underlie the overburden and
Page 65 of 126
Mr. Joe Lamanna
January 14, 2020
Page 2
overlie the bedrock; and 3) bedrock usually consisting of sandstone with local areas of claystone. These units are
described in more detail below.
3.5.1 Overburden Unit
The overburden at the site typically consists of two sub -units; a surficial brown clayey to silty sand that overlies a buff
silty sand. These sub -units are described below.
urficlal brown clayey to silty sand with local sandy clay: The surficial brown clayey to silty sand sub -unit is
typically approximately 1 to 2 feet in thickness but locally is as thick as 8 feet. This sub -unit is usually slightly
moist to moist, medium dense to dense with the top 6 to 8 inches containing significant organics. Of the
samples tested, the percent passing the No. 200 sieve ranged from 16.6% to 74.7%. Atterberg Limits testing
resulted in Liquid Limits of 19 to 31 and Plasticity indices of 3 to 11.
Buff silty sand: The brown surficial sub -unit is underlain by the buff silty sand sub -unit. The buff silty sand sub-
unit ranges from approximately 4 to 14 feet thick and is slightly moist to moist becoming wet at the water table.
The silty sand is very loose to medium dense and locally becomes clayey with depth. Of the samples tested,
the percent passing the No. 200 sieve ranged from 10.9% to 39.1%. Atterberg Limits testing indicated the
material was granular non -plastic.
3.5.2 Sand & Gravel Unit
The sand and gravel is present throughout the site underlying the overburden and overlying the bedrock. This unit
typically consists of gravelly, fine to coarse grained sand locally grading to sandy gravel. Where gravels were
encountered, the the was typically 1/4 to 2 inches. This unit is typically medium dense to dense, but is also locally very
loose to loose. This deposit ranges in thickness from approximately 26 feet to 60 feet. The sands are clean with fines
content (sift and clay) generally ranging from approximately 2.0 to 4.1 percent averaging 3.0 percent (Big Rock
Exploration, 2019). Local clay lenses were reported within the deposit by Big Rock Exploration (2019).
3.5.3 Bedrock
The bedrock encountered in the exploratory borings was generally weathered in the upper one to two feet typically
became harder in unweathered zones. The bedrock consisted of silty, fine to medium grained, sandstone with local
claystone seams. For the sandstone samples, the percent passing the minus No. 200 sieve ranges from approximately
13.4% to 26.7% averaging 21.6%. For the claystone seams, the percent passing the No. 200 sieve ranges from
approximately 53.3% to 74.1% averaging 64.5%. The approximate top of bedrock contours are presented on Sheet 4 of
the plans.
3.5.4 Groundwater
Groundwater was encountered in all of the borings at approximately 7 to 12 feet below ground surface. The groundwater
levels will vary seasonally and will typically rise during the irrigation season. Groundwater will be controlled with the
proposed below grade slurry wall. After slurry wall construction, groundwater mounding is anticipated on the upgradient
(west and south) side of the site and a groundwater shadow (deeper water table) is anticipated on the downgradient
(north and east) side the site.
From a geotechnical standpoint, the sand and gravel will form the majority of the mine slopes. These soils are generally
strong and stable, particularly when dewatered. Dry mining is planned as the slurry wall will control water level in the
main cell and mining will be above the water table in the other cell.
S TRUC TURFS WITH 200 FEET OF DIS TU BED AREAS
The known, permanent, man-made structures within 200 feet of the proposed mine areas that are not owned by Ready
Mixed Concrete Company are listed below:
Page 66 of 126
Mr. Joe Lamanna
January 14, 2020
Page
KERR MCGEE/ANADARKO GAS LINE SOUTH OF CELL 58.9'
• KERR GEE/ANADARKO GAS LINE SOUTH OF CELL 64.46'
• CENTRAL WELD COUNTY WATER DISTRICT WATER LIME SOUTH OF CELL 8- 72.39'
• KERR MCGEE/ANADARKO A ADARKO GAS LINE SOUTH OF CELL 8 - 77.91'
• KERR MCGEE/ANADARKO GAS LINE SOUTH OF CELL 8 -152.30'
• COUNTY ROAD 28 - 150.88'
• KERR MCGEE/ANADARKO EE/ A NA DARKO GAS LINE WEST OF FRESH WATER POND 30'
• VARRA CONVEYOR WEST OF FRESH WATER POND 37.44'
• CENTRAL WELD COUNTY WATER DISTRICT WATER LINE WEST OF FRESH WATER POND - 47.8
• COUNTY ROAD 17 71.8'
• COLLINS CONSTRUCTION, 13187 CO RD 1 151.66'
• KERR 'OGEE/ANA DARKO O&G SEPARATOR 71.83'
• KERR-MCGEE TANKS _ 11258'
• VARRA FENCE NORTH OF FRESH WATER POND - 84.39'
• COUNTY ROAD 10 106'
• MILLER FARM BUILDING G 191'
• BARN -188'
• RESIDENTIAL PROPERTY 183'
• HOUSE AT 8567 CO RD 30 - 167'
• HOUSE AT 8680 COLORADO 66 - 178'
• XCEL OVERHEAD ELECTRIC NORTH OF COLORADO 66 -1 154'
• COLORADO 66- 1 01'
• KERR-MCGEE WELL SOUTH EAST CELL 2 - 30'
• KERR-MCGEE GAS LINE SOUTH EAST CELL 2 80'
• XCEL OVERHEAD ELECTRIC EAST OF CELL 2 76'
• XCEL OVERHEAD ELECTRIC EAST OF CELL 2 —137'
• , EL OVERHEAD ELECTRIC WEST OF CELL 2 - 67'
*Oil and gas structures planned for removal have not been included in this list.
STABILITY ANALYSES
Recently, Division of Reclamation and Mining Safety (DRMS) staff drafted a policy regarding stability analyses of
neighboring structures. The draft summarizes adequate factors of safety (FOS) for non -critical and critical structures.
The structures around the Nix mine are, for the most part, considered critical structures. Discussions with the author of
the memo, Mr. Tim +Lazier, indicate the FOS will be adopted by the MLRB. The FOS are for both static and seismic
(from an earthquake) stability analyses. For generalized strength assumptions and critical structures, a FOS of 1.5 is
considered sufficient for static conditions and a FOS of 1.3 is considered suitable for seismic conditions.
The stability of structures within 200 feet of the proposed mining limits was evaluated at three sections. The sections
evaluated were at the tallest high wall in each mine cell under anticipated loading conditions around the perimeter of the
site as discussed below. The computer program XSTABL was used for the analysis. The method for selecting the
critical failure surface for each analyzed loading condition is the following. The Modified Bishop's Method of Analysis is
used to find the critical failure surface by randomly searching with 20 termination points and 20 initiation points (400
failure circles) with 7 foot line segments over the slope surface and at the: structure in question to determine the lowest
factor of safety. Both static stability under anticipated mining conditions and seismic stability under peak ground
acceleration loads were performed. Seismic loading was obtained from the U..... Unified Hazard Tool. Review of
the Hazard Tool indicated a maximum horizontal acceleration of 0.091g with a return period of 2,475 years for the site.
Page 67 of 126
Mr. Joe Lamanna
January 14, 2020
Page 4
The three cross section locations were selected and analyzed as described below. The locations are shown on Figure 1.
Cell 1: This section is on the northwest side of Cell I and considers the tallest mine highwall of this cell. The
stability analysis for this section assumes a mine highwall sloped at 2 horizontal to 1 vertical (2H:IV). The
nearest structure is a gas line located approximately 30 feet to the west. The stability analysis on this section
was run with potential failure circles initiating at the gas line and terminating in the area near the base of the
mine highwall.
Cell This secfion is on the south side of cell 2 and considers the tallest highwall in this cell. The stability
analysis for this section assumed a 30 foot offset from the slurry wall and a mine slope of 2 horizontal to 1
vertical (2H:1V). The stability analysis on this section was run with potential failure circles initiating at the slurry
wall and terminating in the area near the base of the mine highwall.
► Cell 3: This section is on the north side of cell 3 and is the tallest highwall in the cell. This section will be
capped with approximately 2 -feet of compacted overburden fill. The stability analysis for this section assumed a
30foot offset from the slurry wall and a mine slope of 2 horizontal to 1 vertical (2H:1V). State Highway 66 is
approximately 100 feet to the north. The stability analysis on this section was run with potential failure circles
initiating at the slurry wall and terminating in the area near the base of the mine highwall.
MA TER1 L PROPERTIES
The material index and engineering strengths assumed in this slope stability report are discussed below.
Overburden
The strength properties for the insitu silty to clayey sand overburden were based on field testing data and on our
engineering judgment; the following parameters have been used to model the overburden.
Dry Unit
Weight (pct)
Moist Unit
Weight Oct)
Saturated Unit
Weight (pcf)
Cohesion C' psf
Friction Angle 0'
Native 103
114
126
50
29
Comp. Fill 108
118
128
70
30
Alluvial Sand and Gravel
The sand and gravel is generally a medium to coarse -grained sand that is medium dense to dense and locally gravelly.
The alluvial sand and gravel was modeled as follows:
Dry Unit
Weight (pct)
Moist Unit
Weight (pc0
Saturated Unit
Weight (pct)
Cohesion c' psf
Friction Angle Of
119
129
130
g
35
Bedrock
Bedrock below the alluvium is predominately sandstone with local claystone and interlaminated to interbedded claystone
and sandstone bedrock. Sandstone is typically stronger than claystone, Claystone is generally a weak bedrock. To be
conservative, we modeled the bedrock as claystone. For the claystone bedrock, two potential strength conditions were
considered. These strength conditions are referred to as: 1) peak strength, and 2) residual strength.
Peak strength is the maximum shear strength the claystone bedrock exhibits. The shear strength is made up of both
cohesion (diagenetic bonding) and internal friction. Under short-term conditions for unsheared claystone, peak strength
governs behavior. If a sheared surface or sheared zone is present within claystone as a result of faulting, slippage
between beds due to folding, past shrink -swell behavior, stress relief, weathering, or from a landslide, the cohesion along
Page 68 of 126
Mr. Joe Lamanna
January 14, 2020
Page 5
the sheared surface is reduced to zero, and the angle of internal friction is decreased, due to alignment of clay minerals
parallel to the shear plane. Under these conditions a claystone exhibits its lowest strength known as residual strength.
Residual strength bedrock occurs in discrete zones, parallel with the sheared surface or zone, whereas fully softened
strength occurs over a broader area (not used in this modeling). Based on data from other recent projects and
engineering judgment, the residual strength claystone was modeled in a one -foot thick layer overlying the peak strength
bedrock as follows:
Dry Unit
Weight (pct
Moist Unit
Weight (pcf)
Saturated Unit
Weight (pcf)
Cohesion Cl psf
Friction Angle
116
Peak = 126
Residual = 110
Peak =135
Residual = 133
Peak =100
Residual =
Peak = 27
Residual = 15
Soil-Bentonite Slurry Wail
The proposed slurry wall will consist of a mix of the overburden clayey to silty sand, alluvial sand, and imported
bentonite. The resulting mix will produce a non -Newtonian fluid with some shear strength characteristics based on a
reduced friction angle of the overlying overburden. Based on engineering judgment, we modeled the slurry wall as
follows:
Dry Unit
Weight (pcf)
Moist Unit
Weight Oct)
Saturated Unit
Weight (pcf)
Cohesion f psf
Friction Angle
NA
112
115
0
0
STABILITY ANALYSES RESULTS
The stability analyses assumed the mining will be per the mine plan. The plan includes dewatering with a series of
perimeter drains to in Cell 1. Dry mining will occur in cells 2 and 3 as the water level in these cells will be controlled by
slurry walls. The perimeter mine slopes of both cells will be no steeper than 2H:1'.
Setbacks listed in Table 1 (below) indicate the setback from the structure to the mining limits. The setback distance can
be increased as needed to address other restrictions such as weaker than anticipated soils, deeper mining, or
unanticipated groundwater.
The factor of safety shown below is the minimum factor of safety of the three conditions listed above.
TABLE d - SLOPE STABILITY RESULTS AND SETBACKS
Location
Structure
Critical
Structure
Setback
Mine Limit
From
(ft)
Static
Factor
Safety
Structure
of
at
Seismic
Safety
at
(0.091
Factor
Structure
g
hor)
of
DRMS
Requirement
Static/Quake
Draft
FOS
Cell 1
(northwest,
critical section)
most
Gas Line
30
1.6
1.3
1.5/1.3
Cell 2
most
section)
(south,
critical
Slurry Wall
30
1.6
1.3
1.5/1.3
Cell
most
section)
3
(north,
critical
Slurry
Wall
30
1.6
1.3
1.5/1.3
CONCLUSIONS
Page 69 of 126
Mr. Joe Lamanna
January 14, 2020
Page 6
The mining setback will be 30 -feet from the high wall to the slurry wall or nearest structure. Based on the Factors of
Safety listed in the table above, the mine will not be a hazard to neighboring structures provided the structure and sluny
wall offsets, as well as the perimeter mine slopes, follow the mine plan.
LIMITATIONS
Our review is based on regional geologic mapping, present mining plans, and in part borehole data by Civil Resources
and others. Stability analyses were performed using typical strength parameters for the various strata in the critical
sections. Should the mining plans change or subsurface conditions vary from those portrayed in this letter, we should be
contacted in order to re-evaluate the potential affects on permanent man-made structures. Stability analyses were run at
the structure in question and were not run on failure surfaces closer to the bighwall. Note also that surcharge loads due
to temporary material stockpiles and overburden berms were not considered in the analysis.
Please call with any questions or commen'Hs.
Sincerely,
Civil Resources, LLC
Gary Linden, P.O.
Senior Engineering Geologist
Attachments: Figure Mine Plan showing boring locations and sections used.
XSTABL Model Outputs: Sections 1, 2, and 3
J:\Brannan\Nix\Stability Analysis\Stability analysis report - Nix.doc
Page 70 of 126
:`:BRANNAN;.NIX\DRRW1Nc S\SHEETS\,SLOPE STABILITY ANALYSIS.DWG
-4
R24.99.
WELL P .
r._�Y F_E211'-ETER
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R22I-99' OIL J AS
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r •
SLURRY
}WALL
ii' 'r.F I :ION-
$f'97
f
- � r
N'4 1
• ti
47799 174
j
CONCRETE
LINED
DITCH p 149,96'
11RRY MCP 0111 . WELL
A S TEAL'
.4'
2H IV MINE
2H: IV mmr;
SLOPE TY,6
1
R24759' OIL
4 wEL4 P&A 5
I � �
A='YS-Frrrlr• •.I rI I i.". F-fFF
%re. MFT1tFTFl
'r,aroc. n . acr •.l'L A -ren'=rfr
..".' CE.ATERE'. a EL_ ITC1 EEC ROT::;
h"Nk 'Firth• •,1''I I r9' r
AFFECTED LANDS:
NIX SAND AND GRAVEL MINE,
DRMS PERMITM-2001-046
TOTAL DRMS PERMIT AREA: 128.5 ACRES
EXISTING VEGETATION:
AGRICULTURAL FARM LAND
SURVEY INFO:
KING SURVEYORS, INC
650 E GARDEN DR. WINDSOR. CO
60550 570-686-5011
14/WV':IondpofnL et1dng-surveyors/
APPLICANT:
READY MIXED CONCRETE COMPANY, LLC
2500 EAST BRANNAN WAY
DENVER. CO 80229
NOTE:
CIVIL RESOURCES, LLC. IS NOT RESPONSIBLE FOR SAFETY, IN, ON, OR ABOUT THE
PROJECT SITE, NOR FOR COMPLIANCE BY THE APPROPRIATE PARTY OF ANY
REGULATIONS THERETO.
THESE MAPS WERE PREPARED BY CIVIL RESOURCES, LLC. IN COOPERATION WITH
HUNT WATER, LLC. HUNT WATER, LLC WILL KEEP THE DIVISION OF RECLAMATION
MINING AND SAFETY INFORMED OF ANY CHANGES TO THE MINING OR RECLAMATION
PLANS THROUGH ANNUAL REPORTS AND FILE TECHNICAL REVISIONS AND
AMENDMENT APPLICATIONS AS NECESSARY THROUGHOUT THE LIFE OF THE MINE.
MAP LEGEND:
DENOTES MEASURED BEARING AND/OR DISTANCE
DENOTES RECORD BEARING AND/OR DISTANCE
SET 24' #5 REBAR & RED PLASTIC CAP 'POINT LS38311"
SET NAIL & BRASS DISK I'LS38311"
FOUND GOVERNMENT CORNER
FOUND CHISELED CROSS / CUT X
FOUND NAIL & DISK
FOUND IRON PIPE
FOUND REBAR
BUILDING/STRUCTURE
SOIL TYPE
MONITORING WELL
GAS WELL
EXPLORATORY BOREHOLE
OLD EXPLORATORY BOREHOLE
OLD EXPLORATORY BOREHOLE
55
— IRR
— ELE
— CHE
— TEL
014E
�r-
n
IRR -
ELE -
CHE-
TEL -
- F/0 F/0 Ff0-
- MSC
MSC
MEC-
PERMIT BOUNDARY
SLURRY WALL
MINE HIGH WALL
SECTION LINE
RANGE LINE
BOUNDARY LINE
ADJACENT BOUNDARY LINE
EASEMENT LINE
FEMA DESIGNATION LINE
WATER LINE
STORM LINE
SANITARY LINE
IRRIGATION LINE
GAS LINE
ELECTRIC LINE (UNDERGROUND)
ELECTRIC LINE (OVERHEAD)
COMMUNICATION LINE
FIBER OPTIC LINE
MISCELLANEOUS/UNKNOWN LINE
NORTH
1W 366
( IN I II?)
CIVIL RES`aURCES
323 5th STREET
P.O. Box 680
FREDERICK, CO 80530
303.833.1416
WWW, CIVILRESO U ROES. CON
READY MIXED CONCRETE
COMPANY, LLC
2500 EAST BRANNAN WAY
DENVER, CO 8022q
'30'3-S34-12'31
CONTACT: 307E LAWIANNA
READY MIXED CONCRETE COMPANY, LLC
NIX GRAVEL MINE
WELD COUNTY, CO
REVISIONS
NO.
DESCRIPTION
DATE
DESIGNED DV: BLH
DRAWN BY' KR
CHECKED I3Y: 6LH
DATE: 1114,120
SCALERS NOTED
AS NOTED
I013 NO.: 302.001.01
DWG NAME:SLOPE STABILITY ANALYSI1S.D'
MINE PLAN
SHEET:
r
ageno
XSTABL MODEL OUTPUTS:
. STABL File: MAXCEL1Q 1-13-20 39:50
******************************************
*
XSTABL
* *
* Slope Stability Analysis
* using the
* Method of Slices
*
* *
* Copyright (C) 1992 - 2002
* Interactive Software Designs, Inc. *
Moscow, ID 83843, U.S.A.
*
*
All Rights Reserved
* *
*
* Ver. 5.206 9 -1952 *
******************************************
Problem Description : Nix CELL 1 MAX 2:1 SEISMIC
SEGMENT BOUNDARY COORDINATES
Page 72 of 126
4 SURFACE boundary segments
Segment x -I eft y -left x -right y -right Soil Unit
No. (ft) (ft) (ft) (ft) Below Segment
1 ,0 4800.0 80.0 4798.0 1
2 80.0 4798.0 94.0 4791.0 1
3 94.0 4791.0 180.0 4748.0 4
4 180.0 4748.0 480.0 4748.0 5
3 SUBSURFACE boundary segments
Segment -let y -left -right y -right Soil Unit
No. (ft) (ft) (ft) (ft) Below Segment
1 .0 4791.0 94.0 4791.0 4
2 .0 4748.0 480,0 4748.0 5
3 .0 4747.0 480.0 4747.0
ISOTROPIC Soil Parameters
Page 73 of 126
6 Soil unit(s) specified
Soil Unit Weight Cohesion Friction Pore Pressure Water
Unit Moist Sat. Intercept Angle Parameter Constant Surface
No. (pcf) (pcf) (psi) (deg) Ru (psi) No.
1 114.0 126.0 5 0, 0 29.00 .000 .0 1
2 118.0 128.0 70.0 30.00 .000 .0 1
3 112.0 115.0 .0 .00 .000 .0 1
4 119.0 129.0 .0 35.00 .000 .0 1
5 110.0 133.0 .0 15.00 1000 .0 1
6 126.0 135.0 100.0 27.00 .000 .0 1
1 Water surface(s) have been specified
Unit weight of water = 62.40 (pcf)
Water Surface No. 1 specified by 5 coordinate points
**********************************
PH RE TIC SURFACE/
**********************************
Point x -water y -water
Page 74 of 126
No. (It) (ft)
1 .00 4765.00
2 100.00 4755.00
3 178.00 4750.00
4 182.00 4749.00
5 480.00 4749.00
A horizontal earthquake loading coefficient
of .091 has been assigned
A vertical earthquake loading coefficient
of 1000 has been assigned
A critical failure surface searching method, using a random
technique for generating CIRCULAR surfaces has been specified.
400 trial surfaces will be generated and analyzed.
20 Surfaces initiate from each of 20 points equally spaced
along the ground surface between x = 170.0 ft
Page 75 of 126
and x = 210.0 ft
Each surface terminates between x = 45.0 ft
and x= 50.0 ft
Unless further limitations were imposed, the minimum elevation
at which a surface extends is y = 4710.0 ft
7.0 ft line segments define each trial failure surface.
ANGULAR EST ..ICTI NS
The first segment of each failure surface will be inclined
within the angular range defined by :
Lower angular limit := -45.0 degrees
Upper angular limit :_ -5.0 degrees
Page 76 of 126
Factors of safety have been calculated by the
* * * * * SIMPLIFIED BISHOP METHOD *****
The most critical circular failure surface
is specified by 28 coordinate points
Point x -surf
No. (ft)
1 210.00
2 203.58
3 197.02
4 190.33
5 153.54
6 176.66
7 169.72
8 162.74
9 155.75
10 148.75
11 141.78
12 134.85
13 128.00
y -surf
(ft)
4748.00
4745.20
4742.77
4740.70
4739.01
4737.70
4736.78
4736.24
4736.09
4736.34
4736.97
4737.99
4739.39
Page 77 of 126
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
121.23
114.57
108.04
101.66
95.45
89.43
83.62
78.04
72.70
67.62
62.82
4741.17
4743.33
4745.85
4748.73
4751.97
4755.54
4759.45
4763.67
4768.20
4773.01
4778.10
58.30 4783.45
54.09 4789.05
50.20 4794.87
47.88 4798.80
**** Simplified BISHOP FOS = 1.274 ****
The following is a summary of t
he TEN most critical surfaces
Problem Description : Nix CELL 1 MAX 2:1 SEISMIC
Page 78 of 126
FOS Circle Center Radius Initial Terminal Resisting
(BISHOP) x-coord y-coord x-coord x-coord Moment
(ft) (if) (ft) (ft) (ft) (ft -lb)
1. 1.274
2. 1.275
3. 1.277
4. 1.278
5. 1.279
6. 1.280
7. 1.282
8. 1.282
9. 1.289
10. 1.290
156.57 4861.84
157.36 4865.22
154.73 4858.82
158.59 4868.72
159.17 4870.53
150.90 4848.78
154.21 4859.56
153.66 4858.11
155.18 4865.54
154.85 480530
125.76
127.65
122.92
130.40
131.10
112.80
210.00
207.89
207.89
207.89
205,79
201.58
123.80 207.89
122/4 207.89
128.82 207.89
125.50 199.47
* * * EDOFFILE
47.88 2.883E+07
48.30 2.802E+O7
47,56 2.852E+07
48.55 2.795E+07
49.53 2.596E+07
49.90 2.500E+07
46.36 2,923E+07
46.18 2.933E+07
45.04 3.011E+07
48.48 2.619E+07
Page 79 of 126
MAXCEIL1 Q 1-13 20 39:50
4860
4800
q) 4740
api
4680
I
4620
4560
Nix CELL 1 MAX 2:1 SEISMIC
10 most critical surfaces,
INIMUM BISHOP FOS
1.274
II
I
60 120 180 40 300
X -.AXIS (feet)
)(STABIL File: MA CEL1S 1-13-20 39:54
360
*****************************************
*
*
XSTABL
Slope Stability Analysis
using the
Method of Slices
* *
*
*
*
* Copyright (C) 1992 - 2002 *
* Interactive Software Designs, Inc. *
* Moscow, ID 83843, U. .A. *
420
480
Page 80 of 126
* All Rights Reserved
* *
* Ver. 51206 96 - 1952 *
******************************************
Problem Description : Nix CELL 1 MAX 2:1 STATIC
SEGMENT BOUNDARY COORDINATES
4 SURFACE boundary segments
Segment -left -left -right -right Soil Unit
No. (ft) (ft) (ft) (ft) Below Segment
1 .0 4800.0 80.0 4798.0 1
2 80.0 4798.0 94.0 4791.0 1
3 94.0 4791.0 180.0 4748.0 4
4 180.0 4748.0 480.0 4748.0 5
Page 81 of 126
3 SUBSURFACE boundary segments
Segment x -left y -left x -right y -right Soil Unit
No. (ft) (ft) (ft) (ft) Below Segment
1 .0 4791.0 94.0 4791.0 4
2 .0 4748.0 480.0 4748.0 5
3 .0 4747.0 480.0 4747.0 6
ISOTROPIC Soil Parameters
6 Soil unit(s) specified
Soil Unit Weight Cohesion Friction Pore Pressure Water
Unit Moist Sat. Intercept Angle Parameter Constant Surface
No. (pcf) (pcf) (psi) (deg) Ru (psi) No.
1 114.0 126.0 50.0 29.00 .000 .0 1
2 118.0 128.0 70.0 3 0.0 0 .000 .0 1
3 112.0 115.0 .0 .00 .000 .0 1
4 119.0 129.0 .0 35.00 .000 .0 1
5 110.0 133.0 .0 15.00 .000 .0 1
6 126.0 135.0 100.0 27.00 .000 .0 1
Page 82 of 126
1 Water surface(s) have been specified
Unit weight of water = 62.40 (pcf)
Water Surface No. 1 specified by 5 coordinate points
********************************
PHREATIC SURFACE,
**********************************
Point x -water `water
No. (ft) (ft)
.00 4765.00
2 100.00 4755.00
3 178.00 4750.00
4 182.00 4749.00
5 480.00 4749.00
A critical failure surface searching method, using a random
technique for generating CIRCULAR surfaces has been specified.
Page 83 of 126
400 trial surfaces will be generated and analyzed.
20 Surfaces initiate from each of 20 points equally spaced
along the ground surface between x = 170,0 ft
and x= 210.0 ft
Each surface terminates between x = 45.0 ft
and x= 50.0 ft
Unless further limitations were imposed, the minimum elevation
at which a surface extends is y = 4710.0 ft
7.0 ft line segments define each trial failure surface.
ANGULAR RESTRICTIONS
The first segment of each failure surface will be inclined
within the angular range defined by
Page 84 of 126
Lower angular limit := -45.0 degrees
Upper angular limit := -5.0 degrees
Factors of safety have been calculated by the :
* * * * * SIMPLIFIED BISHOP METHOD * * * * *
The most critical circular failure surface
is specified by 27 coordinate points
Point x -surf -surf
No. (ft) (ft)
1 201.58
2 195.23
3 188.71
4 182.05
5 175.26
6 168.38
7 161.44
4748.00
4745.05
4742.50
4740.36
4738.64
4737.34
4736.47
Page 85 of 126
8 154.45
9 147.45
10 140.46
11 133.52
12 126.64
13 119.85
14 113.19
15 106.67
16 100.32
17 94.16
18 88.23
19 82.53
2O 77.10
21 71.05
22 67.11
23 62.59
24 58.41
25 54.59
26 51.14
27 49.90
4736.03
4736.03
4736.46
4737.33
4738.62
4740.34
4742.48
4745.02
4747.97
4751.30
4755.01
4759.08
4763.50
4768.25
4773.30
4778.65
4784.26
4790.13
4796.22
4798.75
**** Simplified BISHOP FOS
1.627 ****
Page 86 of 126
The following is a summary of the TEN most critical surfaces
Problem Description : Nix CELL 1 MAX 2:1 STATIC
FOS Circle Center Radius Initial Terminal Resisting
(BISHOP) x-coord y-coord x-coord x-coord Moment
(ft) (ft) (ft) (ft) (ft) (ft-Ib)
1. 1.627
2. 1.628
3. 1.629
4. 1.630
5. 1.631
6. 1.633
7. 1.640
8. 1.640
9. 1.641
10. 1.646
150.90 4848.78
159.17 4870.53
157.36 4865.22
156.57 4861.84
158.59 4868.72
154.73 4858.82
154.85 4865.30
154.21 4859.56
153.66 4858.11
149.92 4851.14
112.80
131.10
127.65
125.76
130.40
122.92
125.50
123.80
122.74
115.35
201.58
205.79
207.89
210.00
207.89
207.89
199.47
207.89
207.89
201.58
49.90 2.664E+07
49,53 2.802E+07
48.30 2.911E+07
47.88 2.995E+07
48.55 2.905E+07
4736 2.961E+07
48.48 2.721E+07
46.36 3.035E+07
46.18 3.045E+07
47.19 2.827E+07
Page 87 of 126
END OF FILE
MIAXCEIL1 S 1-13-20 39:54
4860 _
4800
yem
4740
V)
X
4680
I
4620
4560
Nix CELL 1 MAX 2:1 STATIC
10 most critical surfaces, MINIMUM BISHOP FOS = 1.627
wi
0 60 1.20 180 240 300 360 420 480
—AXIS (feet)
STA.3L. File: MAXCEL2Q 1-13-20 36:11
******************************************
*
*
XSTABL
*
* Slope Stability Analysis
using the
Method of Slices
*
*
*
*
*
Copyright (C) 1992 - 2002 *
* Interactive Software Designs, Inc. *
Page 88 of 126
* Moscow, ID 83843, U.S.A.
*
* All Rights Reserved
*
* Ver. 5.206 96 - 1952 *
******************************************
Problem Description : Nix CELL 2 MAX 2:1 SEISMIC
SEGMENT BOUNDARY COORDINATES
8 SURFACE boundary segments
Segment -left y -left t x -right -right Soil Unit
No. (ft) (it) (it) (ft) Below Segment
1 .0 4810.0 25.0 4810.0 1
2 25.0 4810.0 34.0 4808.0 1
3 34.0 4808.0 126.0 4807.0 1
4 126.0 4807.0 129.0 4807.0 3
5 129.0 4807.0 159.0 4807.0 1
Page 89 of 126
6 159.0 4807.0 183.0 4795.0 1
7 183.0 4795.0 271.0 4751.0 4
8 271.0 4751,0 480,0 4750.0 5
15 SUBSURFACE boundary segments
Segment x-Ieft y-Ieft x -right y -right Soil Unit
No. (ft)
(ft) (ft) (ft) Below Segment
1 126.0 4807.0
2 129.0 4807.0
3 .0 4796.0
4 129.1 4795.0
5 126.1 4795.0
6 129.1 4795.0
7 .0 4751.0
8 129.2 4751.0
9 126.2 4751.0
10 129.2 4750.0
11 .0 4750.0
12 129.3 4750.0
13 126.3 4750.0
14 129.3 4750.0
15 126.4 4747.0
126.1 4795.0 1
129.1 4795.0 3
126.1 4795.0 4
183.0 4795.0 4
126.2 4751.0 4
129.2 4751.0 3
126.2 4751.0 5
271.0 4751.0 5
126.3 4750.0 5
129.3 4750.0 3
126.3 4750,0 6
480.0 4750.0 6
126.4 4747.0 6
129.4 4747.0 3
129.4 4747.0 6
Page 90 of 126
ISOTROPIC Soil Parameters
6 Soil unit(s) specified
Soil Unit Weight Cohesion Friction Pore Pressure Water
Unit Moist Sat. Intercept Angle Parameter Constant Surface
No. (pcf) (pcf) (psi) (deg) Ru (psf) No.
1 114.0 12610 50.0 29.00 .000 .0 1
2 118.0 128.0 70.0 30.00 .000 .0 1
3 112.0 115.0 .0 .00 1000 .0 1
4 119.0 129.0 .0 35.00 .000 .0 1
5 110.0 133.0 .0 15.00 .000 .0 1
6 126.0 135.0 100.0 27.00 .000 .0 1
I. Water surface(s) have been specified
Unit weight of water _ 62.40 (pcf)
Water Surface No. 1 specified by 5 coordinate points
Page 91 of 126
PHREATIC IIC SURFACE,
*******************************
Point x -water y -water
No. (ft) (ft)
.00 4802.00
2 126.00 4801.00
3 127.50 4755.00
4 271.00 4753.00
5 480.00 4751.00
A horizontal earthquake loading coefficient
of .091 has been assigned
A vertical earthquake loading coefficient
of .000 has been assigned
A critical failure surface searching method, using a random
technique for generating CIRCULAR surfaces has been specified.
400 trial surfaces will be generated and analyzed.
Page 92 of 126
20 Surfaces initiate from each of 20 points equally spaced
along the ground surface between x = 260.0 ft
and x= 320.0 ft
Each surface terminates between x = 124.0 ft
and x= 130.0 ft
Unless further limitations were imposed, the minimum elevation
at which a surface extends is y = 4710.0 ft
7.0 ft line segments define each trial failure surface.
ANGULAR RESTRICTIONS
The first segment of each failure surface will be inclined
within the angular range defined by
Lower angular limit -45.0 degrees
Page 93 of 126
Upper anular limit:= -5.0 degrees
Factors of safety have been calculated by the
* * * * * SIMPLIFIED BISHOP METHOD * * * * *
The most critical circular failure surface
is specified by 31 coordinate points
Point x -surf
No. (1t)
1 307.37
2 301.02
3 294.53
4 287.91
5 281.17
6 274.35
7 267.46
8 260.51
9 253.53
y -surf
(ft)
4750.83
4747.88
4745.26
4742.99
4741.07
4739.50
4738.29
4737.44
4736.95
Page 94 of 126
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
246.53
239.53
232.56
225.63
218.75
211.96
205.27
198.69
192.24
185.94
179.82
173.88
168.14
162.61
157.32
152.27
147.49
142.98
138.75
134.82
131.20
129.89
4736.83
4737.08
4737.69
4738.66
4739.99
4741.68
4743.72
4746.11
4748.84
4751.90
4755.29
4758.99
4762.99
4767.29
4771.88
4776.73
4781.84
4787.19
4792.77
4798.56
4804.55
4807.00
* * Simplified BISHOP FOS = 1.288 *m
Page 95 of 126
The following
is a summary of the TEN most critical surfaces
Problem Description : Nix CELL 2 MAX 2:1 SD
FOS Circle Center Radius Initial Terminal Resisting
(BISHOP) x-coord y-coord x-coord x-coord Moment
(ft) (ft) (ft) (ft) (ft) (ft-Ib)
1, 1.288
2. 1.291
3, 1,291
4. 1.292
5. 1,293
6. 1,294
7, 1,295
8, 1,295
9, 1,297
10. 1298
247.74 4870.88
253.31 4884.90
255,88 4889.15
256.39 4892.87
252.66 4885.82
251.99 4884.09
257.88 4897.11
258.16 4898.72
246.50 4873.85
244.16 4867.68
134.04
148.41
152,52
154.41
307.37
316.84
320.00
316.84
149.52 316.84
148.25 316.84
157.76 316.84
158.00 313.68
137.26 307.37
13137 304.21
129.89 3.715E+07
127.04 4.218E+07
127.46 4.285E+07
128.01 4.123E+07
125.52 4.328E+07
125.43 4.353E+07
128.31 4.097E+07
129.44 3.907E+07
126.63 3.955E+07
127.75 1790E+07
Page 96 of 126
END OF FILE
MIAXCEIL2Q 1-13-20 36:11
4920
4860
C) 4800
Li
X
<4740
I
4680
4620
Nix CELL 2 MAX 2:1 SEISMIC
10 most critical surfaces, MINIMUM BISHOP FOS = 1.288
I I I I I
0 60 120 180 240 300 360 420 480
—AXIS (feet)
STABL File: MAXCELL2 1-13-20 36:04
******************************************
*
*
XSTABL
*
* Slope Stability Analysis
using the
Method of Slices
*
*
*
*
*
Copyright (C) 1992 - 2002 *
* Interactive Software Designs, Inc. *
Page 97 of 126
* Moscow, ID 83843, U.S.A.
*
* All Rights Reserved
*
* Ver. 5.206 96 - 1952 *
******************************************
Problem Description : Nix CELL 2 MAX2:1 STATIC
SEGMENT BOUNDARY COORDINATES
8 SURFACE boundary segments
Segment -left -left x -right -right Soil Unit
No. (ft) (it) (it) (ft) Below Segment
1 .0 4810.0 25.0 4810.0 1
2 25.0 4810.0 34.0 4808.0 1
3 34.0 4808.0 126.0 4807.0 1
4 126.0 4807.0 129.0 4807.0 3
5 129.0 4807.0 159.0 4807.0 1
Page 98 of 126
6 159.0 4807.0 183.0 4795.0 1
7 183.0 4795.0 271.0 4751.0 4
8 271.0 4751,0 480,0 4750.0 5
15 SUBSURFACE boundary segments
Segment x-Ieft y-Ieft x -right y -right Soil Unit
No. (ft)
(ft) (ft) (ft) Below Segment
1 126.0 4807.0
2 129.0 4807.0
3 .0 4796.0
4 129.1 4795.0
5 126.1 4795.0
6 129.1 4795.0
7 .0 4751.0
8 129.2 4751.0
9 126.2 4751.0
10 129.2 4750.0
11 .0 4750.0
12 129.3 4750.0
13 126.3 4750.0
14 129.3 4750.0
15 126.4 4747.0
126.1 4795.0 1
129.1 4795.0 3
126.1 4795.0 4
183.0 4795.0 4
126.2 4751.0 4
129.2 4751.0 3
126.2 4751.0 5
271.0 4751.0 5
126.3 4750.0 5
129.3 4750.0 3
126.3 4750,0 6
480.0 4750.0 6
126.4 4747.0 6
129.4 4747.0 3
129.4 4747.0 6
Page 99 of 126
ISOTROPIC Soil Parameters
6 Soil unit(s) specified
Soil Unit Weight Cohesion Friction Pore Pressure Water
Unit Moist Sat. Intercept Angle Parameter Constant Surface
No. (pcf) (pcf) (psi) (deg) Ru (psf) No.
1 114.0 12610 50.0 29.00 .000 .0 1
2 118.0 128.0 70.0 30.00 .000 .0 1
3 112.0 115.0 .0 .00 1000 .0 1
4 119.0 129.0 .0 35.00 .000 .0 1
5 110.0 133.0 .0 15.00 .000 .0 1
6 126.0 135.0 100.0 27.00 .000 .0 1
I. Water surface(s) have been specified
Unit weight of water _ 62.40 (pcf)
Water Surface No. 1 specified by 5 coordinate points
Page 100 of 126
PHREATIC IIC SURFACE,
*******************************
Point x -water y -water
No. (ft) (ft)
.00 4802.00
2 126.00 4801.00
3 127.50 4755.00
4 271.00 4753.00
5 480.00 4751.00
A. critical failure surface searching method, using a random
technique for generating CIRCULAR surfaces has been specified.
400 trial surfaces will be generated and analyzed.
20 Surfaces initiate from each of 20 points equally spaced
along the ground surface between x = 260.0 ft
and x= 320,0 ft
Each surface terminates between x = 124.0 ft
Page 101 of 126
and x = 130.0 ft
Unless further limitations were imposed, the minimum elevation
at which a surface extends is y = 4710.0 ft
7.0 ft line segments define each trial failure surface.
ANGULAR RESTRICTIONS
The first segment of each failure surface will be inclined
within the angular range defined by :
Lower angular limit := -45.0 degrees
Upper angular limit := -5.0 degrees
Factors of safety have been calculated by the :
Page 102 of 126
* * * * SIMPLIFIED BISHOP METHOD * * * * *
The most critical circular failure surface
is specified by 31 coordinate points
Point x -surf y -surf
No. (ft) (ft)
1 307.37 4750.83
2 301.02 4747.88
3 294.53 4745.26
4 287.91 4742.99
5 281.17 4741.07
6 274.35 4739.50
7 267.46 4738.29
8 260.51 4737.44
9 253.53 4736.95
10 246.53 4736.83
11 239.53 4737.08
12 232.56 4737.69
13 225.63 4738.66
14 218.75 4739.99
15 211.96 4741.68
16 205.27 4743.72
17 198.69 4746.11
Page 103 of 126
18 192.24 4748.84
19 185.94 4751.90
20 179.82 4755.29
21 173.88 4758.99
22 168.14 4762.99
23 162.61 4767.29
24 157.32 4771.88
25 152.27 4776.73
26 147.49 4781.84
27 142.98 4787.19
28 138.75 4792.77
29 134.82 4798.56
30 131.20 4804.55
31 129.89 4807.00
* ** * Simplified BISHOP FOS = 1.645 * ***
The following is a summary of the TEN most critical surfaces
Problem Description : Nix CELL 2 MAX 2:1 STATIC
FOS Circle Center Radius Initial Terminal Resisting
Page 104 of 126
(BISHOP) x-coord y-coord
1. 1.645
2. 1.655
3. 1.657
4. 1.658 244.16 4867.68
5. 1.658
6. 1.659
7. 1.659
8. 1.660
9. 1.660
10. 1.661
x-coord x-coord Moment
(ft) (ft) (ft) (ft) (ft) (ft-Ib)
247.74 4870.88
251.77 4890.54
258.16 4898.72
242.44 4871.78
242.99 4860.32
243.35 4863.72
24 6.5 0 4873.85
247.58 4883.45
256.39 4892.87
134.04
149.22
158.!00
131.37
130.48
125.43
128.24
137.26
142.97
154.41
307.37
304.21
313.68
304.21
291.58
304.21
304.21
307.37
301.05
316.84
129.89 3.859E+07
128.18 3.594E+07
129.44 4.062E+07
127.75 3.934E+07
129.15 3.464E+07
129.48 3.527E+07
128.42 3.596E+07
126.63 4.107E+07
126.84 3.900E+07
128.01 4.286E+07
Page 105 of 126
END OF FILE
MAXCELL2 1-13-20 36:04
Nix CELL 2 MAX 2:1 STATIC
_ 10 most critical surfaces,
4920
4850
t4800
1
X
< 4740
I
4680
4 620
INI1vIUM BISHOP FO
Y
.645
0
I
60 120 180 240 300 360 420 480
X—AXIS (feet)
XSTABL File: SEC1 TO1 1-13-20 11:31
******************************************
*
*
XSTABL
*
* Slope Stability Analysis
using the
Method of Slices
*
*
*
*
*
Copyright (C) 1992 - 2002 *
* Interactive Software Designs, Inc. *
Page 106 of 126
* Moscow, ID 83843, U.S.A.
*
* All Rights Reserved
*
* Ver. 5.206 96 - 1952 *
******************************************
Problem Description : Nix max Section 2:1 highwall
SEGMENT BOUNDARY COORDINATES
12 SURFACE boundary segments
Segment -left -left x -right y -right Soil Unit
No. (ft) (ft) (ft) (ft) Below Segment
1 .0 4799.0 40.0 4799.0 1
2 40.0 4799.0 60.0 4794.0 1
3 60.0 4794.0 75.0 4796.0 1
4 75.0 4796.0 95.0 4796.0 1
5 95.0 4796.0 99.0 4798.0
Page 107 of 126
6 99.0 4798.0 118.5 4798.0 2
7 118.5 4798.0 121.5 4798.0 3
8 121.5 4798.0 151.5 4798.0 2
9 151.5 4798.0 155.5 4796.0 2
10 155.5 4796.0 167.5 4790.0 1
11 167.5 4790.0 287.5 4730.0 4
12 287.5 4730.0 480.0 4730.0 5
19 SUBSURFACE boundary segments
Segment x -cleft y -left x -right y -right Soil Unit
No. (ft) (ft) (ft) (ft) Below Segment
1 118.5 4798.0 118.6 4796.0 2
2 121.5 4798.0 121.6 4796.0 3
3 95.0 4796.0 118.6 4796.0 1
4 121.6 4796.0 155.5 4796.0 1
5 118.6 4796.0 118.7 4790.0 1
6 121.6 4796.0 121.7 4790.0 3
7 .0 4789.0 118.7 4790.0 4
8 121.7 4790.0 167.5 4790.0 4
9 118.7 4790.0 118.8 4730.0 4
10 121.7 4790.0 121.8 4730.0 3
11 .0 4730.0 118.8 4730.0 5
12 121.8 4730.0 480.0 4730.0 5
13 118.8 4730.0 118.9 4729.0 5
Page 108 of 126
14 121.8 4730.0 121.9 4729.0 3
15 .0 4729.0 118.9 4729.0 6
16 121.9 4729.0 480.0 4729.0 6
17 118.9 4729.0 119.0 4726.0 6
18 121.9 4729.0 122.0 4726.0 3
19 119.0 4726.0 122.0 4726.0 6
ISOTROPIC Soil Parameters
6 Soil unit(s) specified
Soil Unit Weight Cohesion Friction Pore Pressure Water
Unit Moist Sat. Intercept Angie Parameter Constant Surface
No. (pcf) (pcf) (psi) (deg) Ru (psf) No
1 114.0 126.0 50.0 29.00 .000 .0 1
2 118.0 128.0 70.0 30.00 .000 .0 1
3 112.0 116.0 .0 ,00 .000 .0 1
4 119.0 129.0 .0 35.00 .000 .0 1
5 110,0 133.0 .0 15.00 .000 .0 1
6 126,0 135.0 100,0 27.00 .000 .0 1
Page 109 of 126
1 Water surface(s) have been specified
Unit weight of water = 62.40 (pcf)
Water Surface No. 1 specified by 5 coordinate points
**********************************
PHREATIC SURFACE,
********************************
Point x -water -water
No. (ft) (It)
1 .00 4788.00
2 118.60 4788.00
3 119.50 4734.00
4 287.50 4731.00
5 480.00 4731.00
A critical failure surface searching method, using a random
technique for generating CIRCULAR surfaces has been specified.
400 trial surfaces will be generated and analyzed.
Page 110 of 126
20 Surfaces initiate from each of 20 points equally spaced
along the ground surface between x = 265.0 ft
and x= 310,0 ft
Each surface terminates between x = 118.5 ft
and x= 122.0 ft
Unless further limitations were imposed, the minimum elevation
at which a surface extends is y = 4710.0 ft
7.0 ft line segments define each trial failure surface.
ANGULAR RESTRICTIONS
The first segment of each failure surface will be inclined
within the angular range defined b
Lower angular limit -45.0 degrees
Page 111 of 126
Upper angular limit := -5.0 degrees
************************************************************************
-- WARNING -- WARNING -- WARNING -- WARNING -- (#48)
************************************************************************
Negative effective stresses were calculated at the base of a slice.
This warning is usually reported for cases where slices have low self
weight and a relatively high "c" shear strength parameter. In such
cases, this effect can only be eliminated by reducing the "c" value.
************************************************************************
USER SELECTED option to maintain strength greater than zero
Factors of safety have been calculated by the
* * * * * SIMPLIFIED BISHOP METHOD * * * * *
The most critical circular failure surface
Page 112 of 126
is specified by 33 coordinate points
Point x -surf y -surf
No. (it) (ft)
1 310.00
2 303.50
3 296.88
4 290.16
5 283.36
6 276.49
7 269.56
8 262.59
9 255.60
10 248.60
11 241.60
12 234.63
13 227.71
14 220.83
15 214.02
16 207.30
17 200.68
18 194.18
19 187.80
20 181.57
21 175.50
22 169.60
4730.00
4727.41
4725.12
4723.16
4721.51
4720.19
4719.19
4718.53
4718.19
4718.19
4718.51
4719.17
4720.16
4721.48
4723.11
4725.07
4727.35
4729.94
4732.83
4736.02
4739.50
4743.26
Page 113 of 126
23
24
25
26
27
28
29
30
31
32
33
163.88
158.37
153.06
147.97
143.12
138.51
134.16
130.07
126.25
122.72
120.82
4747.30
4751.61
4756.17
4760.98
4766.03
4771.30
4776.78
4782.46
4788.33
4794.37
4798.00
*''* Simplified BISHOP FOS = 1.631 ****
The following is a summary of the TEN most critical surfaces
Problem Description : Nix max Section 2:1 highwall
FOS Circle Center Radius Initial Terminal Resisting
(BISHOP) x-coord y-coord x-coord x-coord Moment
(ft) (ft) (ft) (ft) (ft) (ft -lb)
Page 114 of 126
1. 1.631
2. 1.631
3. 1,635
4, 1,635
5, 1,637
6. 1.637
7. 1.638
8. 1.639
9. 1.639
10. 1.639
252.05 4865.83
254.18 4872.03
259.35 4886.16
252.04 4867.39
254.14 4874.55
249,60 4859,85
255.46 4878.69
254.16 4875.49
257.80 4884.47
248.95 4858.55
147.68 310.00
151.76 307.63
164.17
148.21
154.96
14321
15838
155.84
163.05
142.31
310.00
307.63
310.00
310.00
310.00
310.00
310.00
310.00
120,82 5.549E+07
121.65 5.405E+07
120.85 5.599E+07
120.97 5.459E+07
119.38 5.705E+07
120.47 5.589E+07
119.06 5.744E+07
118.89 5.757E+07
119.54 5.722E+07
120.23 5.613E+07
Page 115 of 126
END OF FILE
SEC12T01 11-13-20 1 1 :31
4860
4800
4740
0
'1-
V)
< 4680
4620
4550
Nix mcx Section 2:1 highwall
h a l l
10 most critical surfaces, MINIMUM BISHOP FOS = 1.631
I
I
wi
0 60 120 180 240 300 3€o 420 480
X—AXIS (feet)
XSTABL File: SEC12T1Q 1-13-20 11:18
******************************************
* XSTABL
*
*
*
* *
*
Slope Stability Analysis
using the
Method of Slices
* Copyright (C) 1992 - 2002
*
*
* Interactive Software Designs, Inc. *
Page 116 of 126
* Moscow, ID 83843, U.S.A.
*
* All Rights Reserved
*
* Ver. 5.206 96 - 1952 *
******************************************
Problem Description : Nix max Section 2:1 seismic
SEGMENT BOUNDARY COORDINATES
12 SURFACE boundary segments
Segment -left -left x -right y -right Soil Unit
No. (ft) (ft) (ft) (ft) Below Segment
1 .0 4799.0 40.0 4799.0 1
2 40.0 4799.0 60.0 4794.0 1
3 60.0 4794.0 75.0 4796.0 1
4 75.0 4796.0 95.0 4796.0 1
5 95.0 4796.0 99.0 4798.0
Page 117 of 126
6 99.0 4798.0 118.5 4798.0 2
7 118.5 4798.0 121.5 4798.0 3
8 121.5 4798.0 151.5 4798.0 2
9 151.5 4798.0 155.5 4796.0 2
10 155.5 4796.0 167.5 4790.0 1
11 167.5 4790.0 287.5 4730.0 4
12 287.5 4730.0 480.0 4730.0 5
19 SUBSURFACE boundary segments
Segment x -cleft y -left x -right y -right Soil Unit
No. (ft) (ft) (ft) (ft) Below Segment
1 118.5 4798.0 118.6 4796.0 2
2 121.5 4798.0 121.6 4796.0 3
3 95.0 4796.0 118.6 4796.0 1
4 121.6 4796.0 155.5 4796.0 1
5 118.6 4796.0 118.7 4790.0 1
6 121.6 4796.0 121.7 4790.0 3
7 .0 4789.0 118.7 4790.0 4
8 121.7 4790.0 167.5 4790.0 4
9 118.7 4790.0 118.8 4730.0 4
10 121.7 4790.0 121.8 4730.0 3
11 .0 4730.0 118.8 4730.0 5
12 121.8 4730.0 480.0 4730.0 5
13 118.8 4730.0 118.9 4729.0 5
Page 118 of 126
14 121.8 4730.0 121.9 4729.0 3
15 .0 4729.0 118.9 4729.0 6
16 121.9 4729.0 480.0 4729.0 6
17 118.9 4729.0 119.0 4726.0 6
18 121.9 4729.0 122.0 4726.0 3
19 119.0 4726.0 122.0 4726.0 6
ISOTROPIC Soil Parameters
6 Soil unit(s) specified
Soil Unit Weight Cohesion Friction Pore Pressure Water
Unit Moist Sat. Intercept Angie Parameter Constant Surface
No. (pcf) (pcf) (psi) (deg) Ru (psf) No
1 114.0 126.0 50.0 29.00 .000 .0 1
2 118.0 128.0 70.0 30.00 .000 .0 1
3 112.0 116.0 .0 ,00 .000 .0 1
4 119.0 129.0 .0 35.00 .000 .0 1
5 110,0 133.0 .0 15.00 .000 .0 1
6 126,0 135.0 100,0 27.00 .000 .0 1
Page 119 of 126
1 Water surface(s) have been specified
Unit weight of water = 62.40 (pcf)
Water Surface No. 1 specified by 5 coordinate points
**********************************
PHREATIC SURFACE,
********************************
Point x -water -water
No. (ft) (It)
1 .00 4788.00
2 118.60 4788.00
3 119.50 4734.00
4 287.50 4731.00
5 480.00 4731.00
A horizontal earthquake loading coefficient
of .091 has been assigned
A. vertical earthquake loading coefficient
of .000 has been assigned
Page 120 of 126
A critical failure surface searching method, using a random
technique for generating CIRCULAR surfaces has been specified.
400 trial surfaces will be generated and analyzed.
20 Surfaces initiate from each of 20 points equally spaced
along the ground surface between x = 265.0 ft
and x = 31010 ft
Each surface terminates between x = 1183 ft
and = 122.0 ft
Unless further limitations were imposed, the minimum elevation
at which a surface extends is y = 4710.0 ft
7.0 ft line segments define each trial failure surface.
Page 121 of 126
ANGULAR RESTRICTIONS
The first segment of each failure surface will be inclined
within the angular range defined by :
Lower angular limit := -45.0 degrees
Upper angular limit := -5.0 degrees
************************************************************************
-- WARNING -- WARNING -- WARNING -- WARNING -- (#48)
************************************************************************
Negative effective stresses were calculated at the base of a slice.
This warning is usually reported for cases where slices have low self
weight and a relatively high 11c" shear strength parameter. In such
cases, this effect can only be eliminated by reducing the "c" value.
*********************************************************************
USER SELECTED option to maintain strength greater than zero
Page 122 of 126
Factors of safety have been calculated by the •
** * * * SIMPLIFIED BISHOP METHOD * * * *
The most critical circular failure surface
is specified by 33 coordinate points
Point x -surf y -surf
No. (ft) (ft)
1 310.00
2 303.50
3 296.88
4 290.16
5 283.35
6 276.49
7 269.56
8 262.59
9 255.60
10 248.60
11 241.60
12 234.63
13 227.71
14 220.83
4730.00
4727.41
4725.12
4723.16
4721.51
4720.19
4719.19
4718.53
4718.19
4718.19
4718.51
4719.17
4720.16
4721.48
Page 123 of 126
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
214.02
207.30
200.68
194.18
187.80
181.57
175.50
169.60
163.0
155.37
153.06
147.97
143.12
138.51
134.16
130.07
126.25
122.72
120.82
4723.11
4725.07
4727.35
4729.94
4732.83
4736.02
4739.50
4743.26
4747.30
4751.61
4756.17
4760.98
4766.03
4771.30
4776.78
4782.46
4788.33
4794.37
4798.00
**** Simplified BISHOP FOS
1.297 ****
Page 124 of 126
The foll►in is a summary of the TEN most critical surfaces
Problem Description : Nix max Section 2:1 seismic
FOS Circle Center Radius Initial Terminal Resisting
(BISHOPS x-coord y-coord x-coord x-coord Moment
(ft) (ft) (ft) (it) (ft) (ft -lb)
1. 1.297
2. 1.300
3. 1.301
4. 1,301
5. 1.301
6. 1.301
7. 1.302
8. 1.302
9. 1.302
10. 1.303
252.05 4865.83
254.18 4872.03
254.14 4874.55
249.60 4859.85
255.46 4878.69
259.35 4886.16
252.04 4867.39
254.16 4875.49
248.95 4858.55
257,80 4884.47
147.68 310.00
151.75 307.63
154.96
143.21
158.38
164.17
148.21
310.00
310.00
310.00
310.00
307.63
155.84 310.00
142,31 310.00
163,05 310.00
120.82 5.343E+07
121.65 5.203E+07
119.38 5.497E+07
120.47 5.384E+07
119.06 5.531E+07
120.85 5.390E+07
120.97 5.257E+07
118.89 5.544E+07
120.23 5.407E+07
119.54 5,509E+07
Page 125 of 126
END OF FILE
5EC 12.T1 Q 1 —1 3-20 1 1 :1 a
4860
4800
17 4740
X
c 4 680
I
--
4620
4560
Nix max Sectior 2:1 seismic
10 most critical surfaces, MINIMUM BISHOP FOS
0
360
420
480
60 120 180 240 300
X-AXIS (feeT)
1.297
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e_L--5) CIVIL RES LJ RCES
STRONG DESIGN. ENDURING VALUE,
MEMORANDUM
TO: Ready Mixed Concrete Company
Nix Gravel Mine USR Application Project File
FROM: Civil Resources, LLC
DATE: September 15, 2021
RE: Nix Gravel Mine USR Application —Drainage Exemption
This memo is being generated to satisfy the Drainage Narrative requirement of the Weld County Use By Special Review
application. The Nix Gravel Mine will be a below grade gravel pit which will be graded in such a way that stormwater drains in
to the gravel pit. Storm water drainage will be reduced as the pit is being mined and flows will collect in the pit. The natural
drainage will flow to the northwest, and a COG500000 series discharge permit(comingled process, storm and discharge water
permit) and Storm Water Management Plan has been submitted to the Colorado Department of Public Health and
Environment(CDPHE).
The site will be developed into a below grade mining area and reclaimed to below grade reservoirs. During mining and
reclamation a large percentage of flows will enter the below grade portion of the gravel mine. This water will then be
discharged via pumping to the CONE permitted discharge points. Therefor, the site falls under exemption 6 of the Weld
County Drainage Policy Sec. 8-11-40.1.
J:'brannarANix1USR-Arnendrent 2020\Comment \ uppoiling Docs\CR Memo Drainage Exemption.doc
323 FIFTH STREET • FREDERICK, COLORADO 80530 • PHONE: 303.333.1415 ' FAX: 303.833.2850
SUBSTITUTE WATER SUPPLY PLAN
Notice of Inquiry
Development within a Coordinated Planning Agreement
or Intergovernmental Agreement (CPA or IGA) Boundary
Date of
Inquiry
2/11/2021
M
unicipality
with
CPA or IGA
Fort
Lupton
CPA
Name
of
Person Inquiring
Alex
Schatz,
Brannan Companies,
and
Kyle
Regan, Civil
Resources
Property
Owner
Ready
Mixed
Concrete Company
Planner
Kim Ogle kogle@weldgov.com
Legal
Description
Part of the INE4/NW4SE4
and SW4SE4/S2SW4 Section 28,T3N, R67W
Parcel
Number
1209-28-1-00-011
and 1209-28-0-00-006
Nearest
Intersection
Highway
66, County Road 19 and
County Road 19 and County
Road
28
Type
of
Inquiry
USR for Open
Mining, Materials Processing and
Batch
Plant Operations
The above person inquired about developing a property inside your designated CPA or IGA boundary. This person
has been referred to community by Weld County Planning to discuss development options on this site. Visit
Chapter 19 of the Weld County Code for specifics on your agreement.
Weld County Comments
This property is located within the CPA/IGA with Weld County and your municipality. Does the Town wish to seek
an annexation or pre -annexation agreement with this property owner?
Name/'Ti itle of Municipality Representative Todd A. Hodges, Planning Director
Municipality Comments
Thank you for the opportunity to review the project per our CPA. This site is located outside our Comprehensive
Plan boundary and north of our CR 26 growth area per our IGA with the Town of Platteville. Fort Lupton is not
interested in annexation of this site.
Signature of Weld County Planner
Signature of Municipality Representative
Plase return the signed form to:
Weld County Planning Department
1555 N 17th Avenue, Greeley, CO 80631
(970) 353-6100 x3540 (970)304-6498 fax
Notice of Inquiry
Development within a Coordinated Planning Agreement
or Intergovernmental Agreement (CPA or IGA) Boundary
Date of
Inquiry
2/11/2021
M
unicipality
with
CPA or IGA
Fort Lupton
CPA
Name
of
Person Inquiring
Alex
Schatz,
Brannan Companies,
and
Kyle
Regan, Civil
Resources
Property
Owner
Ready
Mixed
Concrete Company
Planner
Kim Ogle
kogle@weldgov.com
Legal
Description
Part of the
NE41NW4SE4
and SW4SE4/525W4
Section 28, T3N, R67W
Parcel
Number
1209-28-1-00-011
and 1209-28-0-00-006
Nearest
Intersection
Highway
66, County
Road 19 and County Road 19 and County Road
28
Type
of
Inquiry
USR for Open
Mining,
Materials
Processing and Batch
Plant Operations
The above person inquired about developing a property inside your designated CPA or IGA boundary, This person
has been referred to community by Weld County Planning to discuss development options on this site. Visit
Chapter 19 of the Weld County Code for specifics on your agreement.
Weld County Comments
This property is located within the CPA/IGA with Weld County and your municipality. Does the Town wish to seek
an annexation or pre -annexation agreement with this property owner?
Name/Title of Municipality Representative
Todd A. Hodges, Planning Director
Municipality Comments
Thank you for the opportunity to review the project per our CPA. This site is located outside our Comprehensive
Plan boundary and north of our CR 26 growth area per our IGA with the Town of Platteville. Fort Lupton is not
interested in annexation of this site.
Signature of Weld County Planner
Signature of Municipality Representative
Plase return the signed form to:
Weld County Planning Department
1555 N 17th Avenue, Greeley, CO 80631
(970) 353-6100 x3540 (970)304-6498 fax
Notice of Inquiry
Development within a Coordinated Planning Agreement
or Intergovernmental Agreement (CPA or IGA) Boundary
Date of Inquiry
2/11/2021
Municipality
with
CPA
or IGA
Platteville
CPA
Name
of
Person Inquiring
Alex
Schatz,
Brannan Companies, and Kyle
Regan, Civil Resources
Property
Owner
Ready
Mixed
Concrete Company
Planner
Kim Ogle
kogle@weldgov.com
Legal Description
Part of the
NE4/NW4SE4
and SW4SE4/S2SW4
Section 28, T3N,
R67W
Parcel
Number
1209-28-1-00-011
and 1209-28-0-00-006
Nearest Intersection
Highway
66, County
Road 19
and County Road
19
and County Road 28
Type
of Inquiry
USR
forOpen
Mining,
�
Materials
Processing and Batch Plant
Operations
The above person inquired about developing a property inside your designated CPA or IGA boundary. This person
has been referred to community by Weld County Planning to discuss development options on this site. Visit
Chapter 19 of the Weld County Code for specifics on your agreement.
Weld County Comments
This property is located within the CPA/IGA with Weld County and your municipality. Does the Town wish to seek
an annexation or pre -annexation agreement with this property owner?
Name/Title of Municipality Representative Ycr, erns/der/L{ .J . dei. '—,
Municipality Comments
7,r1IS 7-5446,4%) +f„nett , 'z i r Ad crui/ fd j1hr - / desire
--7,e w r Athoc-Se . r ' re
An)`z..#-A-, " Airestc-ere "en ter AlandSS,
,
Kim Ogle
Digitally signed by Kim Ogle
Date: 2021.03.22 O7:32:12 -06'0O'
wasiiratee&
Signature of Weld County Planner Signature of Municipality Representative
Plase return the signed form to:
Weld County Planning Department
1555 N 17th Avenue, Greeley, Co 80631
(970) 353-6100 x3540 ' ' (970)304-6498 fax
Weld County Treasurer
Statement of Taxes Due
Account Number R4462906
Parcel 120928100011
Legal Description
N E4/NW4SE4 28-3-67 EXC BEG E4 COR. NOD 17'W 271 48' S39D42`W 325 40' SOD 17'E 267 0S' S89 D3 FE 325 45' TO PCB ALSO EXC
HWY EXC H BO SOUTH LINE OF SE4NE4 - E4 COR OF SEC 2S S89U31 E 325 45' TO PCB N89D31 W 110,47' NOOD17W 265 59'
NS9D42E 110 45' S00 -1317E 267.08' TO P00
Sites Address
Account: R4462906
READY MIXED CONCRETE COMPANY
5775 FRANKLIN ST
DENVER, CO 80216-1521
Year
Tax Charge
Tax
Adjustments
Interest Fees
I
Payments Balance
2020 $1„896.40 $0.00 $0.00
Total Tax Charge
$0.00 ($ l ,896.40)
$0.00
$0.00
Grand Total Due as of 07/27/2021
$0.00
Tax Billed at 2020 Rates for Tax Area 2262 - 2262
Authority
WELD COUNTY
SCHOOL DIST RE 1
NORTHERN COLORADO WATER
(NC
ST YRAIN LEFT HAND WATER (S
PLATTE ILLS -CI LCREST FIRE
AIMS JUNIOR COLLEGE
HIGH PLAINS LIBRARY
Taxes Billed 2020
' Credit Levy
Mill Levy
15.03 80000
14.6920000*
1.0000000
1.4060000
7.4820000
6.3050000
3.1810000
Amount
$580 76
$567.41
$38,62
$54.30
$288.96
$243.50
$122,85
49.1040000
$1,896.40
Values
AG -FLOOD
IRRR[ATED LAND
AG -WASTE LAND
Total
Actual
$133,128
$13
Assessed
$38,610
$10
$133,141
$38,620
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE
LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES.
CHANGES MAY clffl IR Mdfl Mr TIDCA DI Ir?rr+le% y�rr�,r,� • ■ ��
a.,
Weld County Treasurer's Office
1400 N 1 h Avenue
PO Box 458
Greeley, CO80632
Phone: 970-400-3290
Subdivision Ordinance, the attached Statement of Taxes Due
Pursuant to the Weld County uk�all current and prior year
Weld County Treasurer are evidence that as of this date,
issued by the taxes related to this parcel have been paid in full.
Sign
,t.-
ir-teghskLie Date: 1 .27.2D2 1
Weld County Treasurer
Statement of Taxes Due
Account Number R1022002
Parcel 120928000006
Legal Description
SW4SE4/S2SW4 4 28-3-67 (3,57R30)
Sites Address
8133 COUNTY ROAD 28 WELD
Account: 81022002
READY MIXED ED CONCRETE COMPANY
5775 FRANKLIN ST
DENVER, CO 80216-1521
Year
Tax Charge
Tax Adjustments
2020 $1,671.02
_Total Tax Charge
Grand Total Due as of 07/27/2021
$0.00
I
Interest Fees Payments Balance
$0.00
$0.00 ($1,671.02)
$0.00
$0.00
$0.00
Tax Billed at 2020 Rates for Tax Area 2262 - 2262
Authority
WELD COUNTY
SCHOOL EAST RE1
NORTHEM COLORADO WATER
(NC
ST VRA1N LEFT HAND WATER (S
PLATTEVILLE-GILCREST FIRE
AIMS JUNIOR COLLEGE
HIGH PLAINS LIBRARY
Taxes Billed 2020
* Credit Levy
Mill Levy
15.0380000*
14,6920000*
1.00000 00
1,4060000
7,4820000
63050000
11810000
Amount
$511 75
$409.97
$34,03
$47,85
$254:61
$214.56
$108.25
49.104000}
$1,671.02
Values
AG-SPRIN KLER
IRRIGATED LAND
AG -FLOOD
IRRRTGATED LAND
AG -DRY FARM LAND
FAR1I/RANCH
RESIDENCE -IMPS
OTHER BLDGS :-
AGRICULTURAL
Total
Actual
$4,065
$78,862
$635
$130,374
$1,671
Assessed
$1,180
$22,870
$180
$9,320
$480
$215,607 $34,030
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE
LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES.
Weld County Treasurer's Office
1400 N 17" Avenue
PO Box 455
Greeley, CO 80632
Phone: 970-400-3290
Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due
issued by the Weld County Treasurer are evidence that as of this date, all current and prior year
taxes related to this parcel have been paid in full.
Sign
Date: x,2-1, 2O21
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