HomeMy WebLinkAbout20180657.tiffApplication for:
DRMS 112 Reclamation Operation
Amendment
Derr Pit
RECEIVED
FEB 2 6 2018
WELD COUNTY
COMMISSIONERS
Broken Arrow Investments, LLC
801 8th Street, Suite 130
Greeley, CO 80631
(970) 566-5090
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Prepared By:
J&T Consulting, Inc.
305 Denver Avenue - Suite D
Fort Lupton, CO 80621
P h : 303-857-6222 / Fax: 303-857-6224
www.j-tconsulting.com
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2018-0657
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OP) ()C I V E D
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS FEB 2 6 202
Weld COUNTY WELD COUNTY
COMMISSIONERS
Broken Arrow Investments, LLC (the "Applicant/Operator") has applied for a Regular (112) reclamation
permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials
operations in Weld County. The attached information is being provided to notify you of the
location and nature of the proposed operation. The entire application is on file with the Division of Reclamation, Mining, and
Safety (the "Division") and the local county clerk and recorder.
The applicant/operator proposes to reclaim the affected land to Developed Water Resource use. Pursuant to
Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Board of County Commissioners before approving of
the post -mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note
that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the
application within twenty (20) days of the date of last publication of notice pursuant to Section 34-32.5-112(10), C.R.S.
If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please contact the
Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567.
NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of a
change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate
description of the change.
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: (3031 832-8106
APPLICABILITY:
CONSTRUCTION MATERIAL
REGULAR (112) OPERATION
RECLAMATION PERMIT APPLICATION PACKAGE
COLORADO
DIVISION OF
RECLAMATION
MINING
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 Definitions;
Rule 1.4.1 Application Review and Consideration Process;
Rule 1.4.5 Specific Requirements for Regular 112 Operations;
Rule 1.6 Public Notice Procedures
Rule 3.1 Reclamation Performance Standards;
Rule 3.3.1 Operating without a Permit - Penalty;
Rule 4 Performance Warranties and Financial Warranties;
Rule 6 Permit Application Exhibit Requirements;
Rule 6.2 General Requirements of Exhibits;
Rule 6.4 Specific Permit Application Exhibit Requirements; and
Rule 6.5 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 .
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FILING REQUIREMENTS:
In order to apply for a Reclamation Permit for a Regular 112 Operation, please provide:
o 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.
o 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.).
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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:
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.
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;
° 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;
° 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
DMSION 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
CONSTRUCTION MATERIALS
REGULAR (112) OPERATION
RECLAMATION PERMIT APPLICATION FORM
COLORADO
DIVISION OF
RECLAMATION
MINING
-&-
SAFETY
CHECK ONE: n There is a File Number Already Assigned to this Operation
Permit # M - - - (Please reference the file number currently assigned to this operation)
New Application (Rule 1.4.5) �/ L_ Amendment Application (Rule 1.10)
Conversion Application (Rule 1.11)
Permit # M 2008 Q17
(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 Q be bound or in a 3 -ring binder; maps should be folded to
8 1/2" X 11" or 8 1/2" X 14" size. To expedite processing, please provide 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): Broken Arrow Investments, LLC
1.1 Type of organization (corporation, partnership, etc.):
2. Operation name (pit, mine or site name): Derr Pit
3. Permitted acreage (new or existing site):
3.1 Change in acreage (+)
3.2 Total acreage in Permit area
Limited Liability Company
4. Fees:
4.1 New Application
4.2 New Quarry Application
4.4 Amendment Fee
4.5 Conversion to 112 operation (set by statute)
5. Primary commoditie(s) to be mined: Sam Gravel
5.1 Incidental commoditie(s) to be mined: 1.
39.19
105.86
145.05
$2,696.00
$3,342.00
$2,229.00
$2,696.00
lbs/Tons/vr 2. /
3. / lbs/Tons/yr 4. / lbs/Tons/yr 5.
5.2 Anticipated end use of primary commoditie(s) to be mined: Construction Aggregates
5.3 Anticipated end use of incidental commoditie(s) to be mined: N/A
permitted acres
acres
acres
application fee
quarry application
amendment fee.
conversion fee
lbs/Tons/vr
lbs/Tons/yr
-2-
6. Name of owner of subsurface rights of affected land: Global Asset Recovery, LLC and Dust & Dirt Excavating, LLC
If 2 or more owners; "refer to Exhibit O".
7. Name of owner of surface of affected land: Global Asset Recovery, LLC and Dust & Dirt Excavating, LLC
8. Type of minin¢ operation: Surface _a Underground
9. Location Information: The center of the area where the majority of mining will occur:
COUNTY: Weld
PRINCIPAL MERIDIAN (check one): El 6th (Colorado) 10th (New Mexico) fa Ute
SECTION (write number): S 4
TOWNSHIP (write number and check direction): T 5171 North El South
RANGE (write number and check direction): R 65 t- t East El West
QUARTER SECTION (check one): El O E E O SW
QUARTER/QUARTER SECTION (check one): El NE NW SE SW
GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation):
1/2 mile East of Greeley, CO. Elevation = 4660
10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM):
Latitude/Longitude:
Example: (N) 39° 44' 12.98"
(W) 104° 59' 3.87"
Latitude (N): deg min sec (2 decimal places)
Longitude (W): deg min sec (2 decimal places)
OR
Example: (N) 39.73691°
(W) -104.98449°
Latitude (N) 40 43001
Longitude(W) -104 66840
OR
Universal Tranverse Mercator (UTM)
Example: 201336.3 E NAD27 Zone 13
4398351.2 N
(5 decimal places)
(5 decimal places)
UTM Datum (specify NAD27, NAD83 or WGS 84) Nad 83 Zone 13
Easting
Northing
Contact's Name:
Company Name:
Street/P.O. Box:
City:
State:
Telephone Number:
Fax Number:
INSPECTION CONTACT
Contact's Name:
Company Name:
Street/P.O. Box:
City:
State:
Telephone Number:
Fax Number:
CC: STATE OR FEDERAL
Agency:
Street:
City:
State:
Telephone Number:
-3-
11. Corresoondence Information:
APPLICANT/OPERATOR (name, address, and phone of name to be used on permit)
Robert A Baker
Contact's Name:
Company Name:
Street/P.O. Box:
City:
State:
Telephone Number:
Fax Number:
Broken Arrow Investments, LLC
Title: Owner
801 8th Street, Suite 130
Greeley
P.O. Box:
Colorado zip Code: 80631
(303 ) _ 566-5090
( )-
PERMITTING CONTACT (if different from applicant/operator above)
J.C. York
J&T Consulting, Inc.
Title: Principal / Owner
305 Denver Avenue, Suite D
Fort Lupton
P.O. Box:
Colorado zip Code: 80621
(303 ) _ 857-6222
(303 ) _ 857-6224
Kelly Hodge
Broken Arrow Investments, LLC
Title: Manager
801 8th Street, Suite 130
Greeley
P.O. Box:
Colorado
(303 ) _ 566-5090
( )-
LANDOWNER (if any)
N/A
Zip Code: 80631
Zip Code:
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency: N/A
Street:
City:
State:
Zip Code:
Telephone Number: ( ) -
-4-
12. Prima j future (Post -mining) land use (check one):
Li Cropland(CR) Pastureland(PL)
Rangeland(RL) ® Forestry(FR)
Residential(RS) ri Recreation(RC)
.j Developed Water Resources(WR)
13. Primary present land use (check one :
Cropland(CR) Pastureland(PL)
El Rangeland(RL) Forestry(FR)
Residential(RS) ID 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)
TI 1 Industrial/Commercial(IC)'
14. Method of Mining: Briefly explain mining method (e.g. truck/shovel):
Excavation by Excavator, Loader, or Dozer and taken to processing area via haul trucks and/or conveyor.
15. On Site Processing: [A Crushing/Screening
13.1 Briefly explain mining method (e.g. truck/shovel):
On -site crushing/screening, and wash plant fed by loader.
List any designated chemicals or acid -producing materials to be used or stored within permit area:
N/A
16. Description of Amendment or Conversion:
If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s).
N/A
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Maps and Exhibits:
Two (2) complete, unbound application packages must be submitted. One complete application package consists of signed application
form and the set of maps and exhibits referenced below as Exhibits A -S, Addendum I, 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, 6.5, and I.6.2(1)(b);
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT H
EXHIBIT I
EXHIBIT J
EXHIBIT K
EXHIBIT L
EXHIBIT M:
EXHIBIT N
EXHIBIT 0
EXHIBIT P
EXHIBI T
EXHIBIT R
EXHIBIT. S
Rule 1.6.2(1)(b)
Rule 6.5
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 I Notice Requirements (sample enclosed)
Geotechnical Stability Exhibit (any required sections)
The instructions for preparing Exhibits A -S, Addendum I, and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and.
Rule I.6.2(I)(b) ofthe Rules and Regulations. Iyou 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.
Responsibilities as a Perrnittee:
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. Ifyou
do not understand these obligations then please contact this Office for a full explanation.
I . Your obligation to reclaim the: site is not limited to the amount of the financial warranty. You assume legal
liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands
associated with your mining operation in the event your permit is revoked and financial warranty is forfeited,
-6-
2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee
violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations; or that information
contained in the application or your permit misrepresent important material facts;
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 dearly visible from the access road, with the following information (Rule 3.1.12):
a. the name of the operator;
h. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land
Reclamation Board; and,
c. the permit number.
7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly
visible and adequate to delineate such boundaries prior to site disturbance.
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 ofJul} I, 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 COMMENTORS/OBJECTORS:
It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office. Therefore, if
you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will
know what changes may have been made to the application document.
The Office is not allowed to consider comments, unless they are written, and received prior to the end of the public comment
period. You should contact the applicant for the final date of the public comment period.
If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process, you may
contact the Office at (303) 866-3567.
-8
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 of my knowledge, all significant, valuable and permanent man-made structure(s) in existence at the time
this application is filed, and located within 200 feet of the proposed affected area have been identified in this application
(Section 34-32.5-1�15(4)(e), C.R.S.).
2. No mining operation will be located an lands where such operations are prohibited by law
(Section 34-32.5-1 15(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,C:R.S., of the Colorado Land
Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of thisform 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 34-32.5-123, C.R.S.
Signed and dated this / day of glo
Applicant/Operator or Company Name
74-12
Signed: `"s
Title:
an ag ¢ r
zola"
If Corporation Attest (Seal)
Signed:
Corporate Secretary or Equivalent
Town/City/County Clerk
State of , c lrLt". 4.. )
� ) ss.
,r - County of l" ( I -t IA- )
The foregoi.n i •from nt was acknovledged before me this 14 day of FC r VA"`
-0 18: by () 1v 4. g --- as MA k is'p
°FACIAL SEAL
MICHAEL S HOWS
NOTARY ;PUBLIC :- INDIANA
ALLEN COUNTY
Comm. "'' :A Nov. 18, 2021
Notary Public
My Commission expires:
SIGNATURES MUST BE IN BLUE INK
You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a
OPERATING AGREEMENT
OF
Broken Arrow Investments, LLC
A Colorado Limited Liability Company
For valuable consideration, THIS LIM11bD LIABILITY COMPANY OPERATING
AGREEMENT (Agreement) is made and entered into this 17th day of September, 2017 by each
individual, or business entity, executing this Agreement below and all who shall hereafter be
admitted as Members (individually, a "Member" and collectively, the "Members") agree as
follows:
ARTICLE I
Company Formation and Registered Agent
1.1 FORMATION. Effective September 17, 2017, all (100%) of the Member's Interest of
Broken Arrow investments, LLC was purchased by Dust & Dirt Excavating, LLC. Broken
Arrow Invewtments, LLC is a Limited Liability Company ("Company") subject to the
provisions of the Limited Liability Company Act as currently in effect as of this date.
Articles of Organisation shall be, or has been, filed with the Colorado Secretary of State.
1.2 NAME. The name of the Company is Broken Arrow Investments, LLC.
1.3 REGISTERED OFFICE AND AGENT. The location of the registered office of the
Company shall be:
35520 WCR 21
Severance, CO 80550
1.4 TERM. The Company shall be of perpetual existence unless dissolved by the Manager of the
Company as directed by a majority (over 50%) of the voting rights of the Members of the
Company as defined herein, or any event causing a dissolution of a Limited Liability Company
under the laws of the State of Colorado.
1.5 BUSINESS PURPOSE. The purpose of the Company is to engage in any lawful act or
activity for which a Limited Liability Company may be formed under the Limited Liability
statutes of the State of Colorado.
1.6 PRINCIPAL PLACE OF BUSINESS. The location of the principal place of business of the
Company shall be:
801 8th Avenue
Greeley, CO 80631
Broken Arrow Investments, LLC
Operating Agreement
Page i of 8
Or, at such other place as the Managers from time to time select.
1.7 THE MEMBERS. The name and place of residence of each member are contained in
Exhibit 1 attached to this Agreement.
1.8 ADMISSION OF ADDITIONAL MEMBER(S). Except as expressly provided in this
Agreement, no additional members may be admitted to the Company either through issuance by
the Company of a new, or additional, interest in the Company or a percentage change in one or
more of an individual Member's percentage interest in the Company without the prior
unanimous written consent of the Members.
ARTICLE 2
CAPITAL CONTRIBUTIONS
2.1 INITIAL CONTRIBUTIONS. The Members initially have, or shall, contribute to the
Company capital, or valuable service, and receive their percentage of interest in the Company as
described in Exhibit 2 attached to this Agreement.
2.2 ADDITIONAL CONTRIBUTIONS. No Member shall be obligated to make any
additional contribution to the Company's capital, unless Members agree, by unanimous vote, to
require the payment of additional capital contributions by the Members.
ARTICLE 3
Profits, Losses and Distributions
3.1 PROFITS/LOSSES. For financial accounting and tax purposes the Company's net profits or
net losses shall be determined on an annual basis and shall be allocated to the Members in
proportion to each Member's percentage of interest in the Company as set forth in Exhibit 2 as
amended from time to time in accordance with applicable Internal Revenue Code and
Regulations.
3.2 DISTRIBUTIONS. The Members shall, by majority vote in proportion to each Member's
percentage of interest in the Company, determine and distribute available funds as they see fit.
Distributions to members shall be in proportion to each Member's percentage of interest in the
Company. Available funds, as referred to herein, shall mean the net cash of the Company
available after appropriate provision for expenses and liabilities, as determined by the Managers.
ARTICLE 4
Broken Arrow Investments, LIE
Operating Agreement
Page 2 of 8
Management
4.1 MANAGEMENT OF THE BUSINESS. The name and place of residence of each Manager
is attached as Exhibit 3 of this Agreement. By a majority vote of the Members, according to each
Members percentage of interest in the Company, shall elect so many Managers as the Members
determine, but no fewer than one.
4.2 MEMBERS. The liability of the Members shall be limited as provided under the laws of the
Colorado Limited Liability statutes.
4.3 Membership Voting. Each Member shall vote on any matter submitted to the membership
for approval, on a pro -rata basis, in proportion to the Member's percentage interest in the
Company. Decisions shall be determined by a majority (over 50%) of the percentage interest in
the Company.
4.4 POWERS OF MANAGER(S). The Manager(s), OR ANY ONE THEREOF, are
authorized on the Company's behalf to make all decisions as to (a) the sale, development lease or
other disposition of the Company's assets; (b) the purchase or other acquisition of other assets of
all kinds; (c) the management of all or any part of the Company's assets; (d) the borrowing of
money and the granting of security interests in the Company's assets; (e) the pre: payment,
refinancing or extension of any loan affecting the Company's assets; (f ) the compromise or
release of any of the Company's claims or debts; and, (g) the employment of persons, firms or
corporations for the operation and management of the company's business. In the exercise of
their management powers, the Managers are authorized to execute and deliver (a) all contracts,
conveyances, assignments leases, sub -leases, franchise agreements, licensing agreements,
management contracts and maintenance contracts covering or affecting the Company's assets; (b)
all checks, drafts and other orders for the payment of the Company's funds; (c) all promissory
notes, loans, security agreements and other similar documents; and, (d) all other instruments of
any other kind relating to the Company's affairs, whether like or unlike the foregoing.
4.5 COMPANY INFORMATION. Upon request, the Manager(s) shall supply to any member
information regarding the Company or its activities. Each Member or his authorized
representative shall have access to and may inspect and copy all books, records and materials in
the Manager's possession regarding the Company or its activities. The exercise of the rights
contained in this ARTICLE 4.4 shall be at the requesting Member's expense.
4.6 EXCULPATION. Any act or omission of the Manager(s), the effect of which may cause or
result in loss or damage to the Company or the Members if done in good faith to promote the
best interests of the Company, shall not subject the Managers to any liability to the Members.
4.7 INDEMNIFICATION. The Company shall indemnify any person who was or is a party
defendant or is threatened to be made a party defendant, pending or completed action, suit or
proceeding, whether civil, criminal, administrative, or investigative (other than an action by or in
the right of the Company) by reason of the fact that he/she is or was a Member of the Company,
Manager, employee or agent of the Company, or is or was serving at the request of the Company,
Broken Arrow Investments, LLC
Operating Agreement
Page 3 of 8
for instant expenses (including attorney's fees), judgments, fines, and amounts paid in settlement
actually and reasonably incurred in connection with such action, suit or proceeding if the
Members determine that he/she acted in good faith and in a manner he/she reasonably believed
to be in or not opposed to the best interest of the Company, and with respect to any criminal
action proceeding, has no reasonable cause to believe his/her conduct was unlawful. The
termination of any action, suit, or proceeding by judgment, order, settlement, conviction, or upon
a plea of "no lo Contendere" or its equivalent, shall not in itself create a presumption that the
person did or did not act in good faith and in a manner which he/she reasonably believed to be in
the best interest of the Company, and, with respect to any criminal action or proceeding, had
reasonable cause to believe that his/her conduct was lawful.
4.8 RECORDS. The Manager(s) shall cause the Company to keep at its principal place of
business the following:
(a) a current list in alphabetical order of the full name and the last known street address of each
Member,
(b) a copy of the Articles of Organization and the Company Operating Agreement and all
amendments;
(c) copies of the Company's federal, state and local income tax
returns and reports, if any, for the three most recent years;
(d) copies of any financial statements of the limited liability company for the three most recent
years.
ARTICLE 5
Compensation
5.1 MANAGEMENT FEE. Any Manager rendering services to the Company may be
compensated, upon unanimous approval of the Members, commensurate with the value of such
services.
5.2 REIMBURSEMENT. The Company shall reimburse the Manager(s) or Members for all
direct out-of-pocket expenses incurred by them in managing the Company.
ARTICLE 6
Bookkeeping
6.1 BOOKS. The Manager(s) shall maintain complete and accurate books of account of the
Company's affairs at the Company's principal place of business. Such books shall be kept on
such method of accounting as the Managers shall select. The company's accounting period shall
be the calendar year.
6.2 MEMBER'S ACCOUNTS. The Manager(s) shall maintain separate capital and distribution
accounts for each member. Each member's capital account shall be determined and maintained in
accordance with applicable Internal Revenue Code and Regulations and shall consist of his
initial capital contribution increased by:
Broken Arrow Investments, LLC
Operating Agreement
Page 4 of 8
(a) any additional capital contribution made by him/her;
(b) credit balances transferred from his distribution account to his capital account;
and decreased by:
(a) distributions to him/her in reduction of Company capital;
(b) the Member's share of Company losses if charged to his/her capital account
6.3 REPORTS. The Manager(s) shall close the books of account after the close of each calendar
year and shall prepare and send to each member a statement of such Member's distributive share
of income and expense for income tax reporting purposes.
ARTICLE 7
Transfers
7.1 ASSIGNMENT. Any Member shall be allowed to assign an economic interest in his or her
membership to another person without the approval of the other Members, however, such an
assignment shall not include a transfer of the member's voting or management rights in the
Company and the assignee shall not become a member of the LLC unless approved by a
unanimous vote of the Members. The purchaser or assignee shall only be entitled to receive
distribution to which that Member would otherwise be entitled. Said economic interest shall
become effective upon receipt of written notice by the LLC.
7.2 WITHDRAWAL of MEMBERS. A Member may withdraw from this LLC by giving written
notice to all other members at least 60 days before the date the withdrawal is to be effective.
Signed and Agreed this 17th day of September, 2017.
Member:
Dust & Dirt Excavating, LLC
p
Robert A. Baker, Manager
Broken Arrow Investments, LLC
Operating Agreement
Page 5 of 8
EXIT 1
LIMITED LIABILITY COMPANY OPERATING AGREEMENT
Of
Broken Arrow Investments, LLC
MEMBER LISTING
Dust & Dirt Excavating, LLC
Robert A. Baker, Manager
Broken Arrow Investments, LLC
Operating Agreement
Page 6 of 8
EXHIBIT 2
LIMITED LIABILITY COMPANY OPERATING AGREEMENT
Of
Broken Arrow Investments, LLC
CAPITAL CONTRIBUTION AND
PERCENTAGE OF INTEREST
Name of Member
Cash
Contribution
Other Services and
Contributions
% of Interest
in LLC
Dust & Dirt Excavating, LLC
-0-
Services and other
Contirbutions
100%
Robert A. Baker, Manager
Broken Arrow Investments, LLC
Operating Agreement
Page 7 of 8
Exhibit 3
LIMITED LIABILITY COMPANY OPERATING AGREEMENT
Of
Broken Arrow Investments, LLC
Listing of Manager(s)
By a majority vote, the Member(s) elect the following to operate the Company pursuant to
Article 4 of this Agreement:
Name: Robert A. Baker
12032 Wellingham Ct.
Fort Wayne, IN 46845
Name: Randall R. Geist
2715 Cliffwood Lane
Fort Wayne, IN 46825
The above listed Manager(s) will serve in the capacities until they are removed by a majority
vote of the Members or upon their voluntary resignation.
Signed and Agreed this 17th day of September, 2017.
Member:
Dust & Dirt Excavating, LLC
iee474 -74/4-
Robert A. Baker
Manager
Broken Arrow Investments, LLC
Operating Agreement
Page 8 of 8
EXHIBIT A
Legal Description
The proposed mining operation is located in the Northeast '/ of Section 4, Township 5
North, Range 65 West, Sixth P.M. in Weld County as described in the attached
document. The proposed permit boundary includes 145.05 acres +/-.
The proposed mine entrance coordinates are as follows:
Latitude (N) 40.43001
Longitude (W) -104.66840
J&T Consulting, Inc.
Derr Pit Project
DRMS 112 Permit
LEGAL DESCRIPTION: MINING PERMIT BOUNDARY
A tract of land located in the northeast quarter of Section 4, Township 5 North, Range 65 West
of the 6th P.M., Weld County, Colorado, and being more particularly described as follows:
The TRUE POINT OF BEGINNING being at the north quarter corner of said Section 4, and
considering the north line of said northeast quarter to bear S 89° 31' 47.00" E with all other
bearings contained herein being relative thereto;
Thence, S 89° 31' 47.00" E for a distance of 2656.81 feet along the north line of said northeast
quarter to the northeast corner of said Section 4;
Thence, S 00° 25' 29.52" W for a distance of 2573.17 feet along the east line of said northeast
quarter to the east quarter corner of said Section 4;
Thence, N 89° 14' 46.90" W for a distance of 419.17 along the south line of said northeast
quarter;
Thence, N 00° 58' 35.10" W for a distance of 504.66 feet to a point on a line;
Thence, S 89° 01' 24.90" W for a distance of 443.43 feet to a point on a line;
Thence, S 45° 55' 44.10" E for a distance of 184.52 feet to a point on a line;
Thence, S 27° 57' 44.10" E for a distance of 415.57 feet to a point on a the south line of said
northeast quarter;
Thence, N 89° 14' 49.22" W for a distance of 2112.40 feet along the south line of said northeast
quarter to the center of said Section 4;
Thence, N 00° 24' 12.52" E for a distance of 1051.95 along the west line of said northeast
quarter;
Thence, S 89° 59' 50.82" E for a distance of 290.53 feet to a point on a line.
Thence, N 86° 49' 08.05" E for a distance of 483.95 feet to a point on a line.
Thence, N 88° 20' 58.02" E for a distance of 281.65 feet to a point on a line.
Thence, S 59° 51' 13.63" E for a distance of 53.87 feet to a point on a line.
Thence, N 00° 00' 09.18" E for a distance of 88.87 feet to a point on a line.
Thence, N 00° 14'44.10" W for a distance of 226.70 feet to a point on a line.
Thence, N 29° 44' 44.10" W for a distance of 39.30 feet to a point on a line.
Thence, N 00° 06' 15.90" E for a distance of 82.20 feet to a point on a line.
Thence, S 76° 16' 15.90" W for a distance of 589.30 feet to a point on a line.
Thence, N 83° 26' 43.60" W for a distance of 509.80 feet to a point on a the west line of said
northeast quarter;
Thence N 00° 24' 35.09" E a distance of 1149.97 feet along the west line of said northeast
quarter to the TRUE POINT OF BEGINNING;
Said tract contains 145.05 acres more or less.
J&T Consulting, Inc.
Derr Pit Project
DRMS 112 Permit
EXHIBIT B
Vicinity Map
See attached map.
J&T Consulting, Inc.
Derr Pit Project
DRMS 112 Permit
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EXHIBIT C
Pre-Mining/Mining Plan Map
See attached map.
J&T Consulting, Inc.
Derr Pit Project
DRMS 112 Permit
FILE CONTAINS
OVERSIZED MAP
PLEASE SEE ORIGINAL FILE
EXHIBIT D
Mining Plan
Mining Limits
Broken Arrow Investments, LLC proposes to mine the Northeast '/ of Section 4,
Township 5 North, Range 65 West, Sixth P.M. in Weld County, Colorado. The site lies
1/4 of a mile north of State Highway 263 (8th Street) and east adjacent to Balsam
Avenue. Additional permitted miring operations are immediately west of the proposed
site, and directly south of State Highway 263 (8th Street). The dominant non -mining land
use surrounding the property is agricultural.
A portable aggregate processing plant will be located within the mining area as shown
on the Mining Plan Map. The area will contain stockpiles and portable equipment as
necessary to support the plant operations.
All local, State, and Federal rules and regulations will be followed for the storage and
handling of any fuel for the facilities.
The permit boundary will encompass approximately 145.05 acres with approximately
74.95 acres being mined. The remaining area will consist of setbacks, road and utility
right-of-ways, equipment storage, and plant site access. Various setbacks from adjacent
roads, adjacent structures, and oil and gas infrastructure will be observed as mining
occurs. See Exhibit C, Mining Plan Map, and the Slope Stability Report for information
on the setbacks and their locations. All setbacks specified in the surface use
agreements with the oil/gas companies will be followed. Attached are draft surface use
agreements with the pertinent oil/gas companies. The final executed agreements are
expected to be obtained in the near future and will be forwarded to the Division when
they are available. A 150 foot setback from any existing oil/gas facility will be maintained
if an agreement cannot be reached with the oil/gas companies as per the Slope Stability
Report. Until an agreement can be reached or has been attempted to be reached a
minimum 200 foot setback will be maintained from the oil/gas facilities. Agreements will
sent to oil/gas companies and other owners' of structures and utilities that are within
200 feet of the mine permit boundary / affected area. If agreements cannot be reached
on setbacks that are less than the 200 foot minimum; the acceptable setbacks less than
the 200 foot setback required by the DRMS for permanent man-made structures that
are depicted on the Mining Plan Map will be analyzed by completing a slope stability
analysis. See the Mining Plan IVIap for the mining limit configuration and information on
setbacks and their locations.
Products
Sand and gravel will be the primary product produced from the Derr Pit Project site. The
principal , intended use for the sand and gravel is for road base and construction
aggregates. There will also be recycled products such as concrete and asphalt that will
be brought into the pit and screened and crushed for recycled road base.
J&T Consulting, Inc.
Derr Pit Project
DRMS 112 Permit
Subsurface drilling and testing has verified that the Derr Pit Project property contains a
significant commercial deposit of sand and gravel. The depth of the soil and overburden
ranges from less than 2.5 ft to 7.5 ft. A lense of sandy clay exists at an approximate.
depth of 47 feet to 56 feet and is 3 ft to 7 ft thick in a few of the borings performed by
Terracon in 2001. The volume of overburden removed is expected to total 300,000
cubic yards mining at a 3H:1V slope. The depth of the aggregate material ranges from
0.0 ft to 90 ft, estimated to contain approximately 4.9 million cubic yards of sand and
gravel mining at a 3H:1V slope.
Mining Methods
The deposit will be dry mined, and a slurry wall will be constructed around the perimeter
of the mining area between year two and year three of the mining. Design specifications
for the slurry wall and quality control procedures used during construction will ensure
that the reclaimed reservoir(s) meets State Engineer's Office (SEO) performance
standards. Dewatering trenches will be excavated around the perimeter of each mining
area in Phases 1-7 prior to mining operations commencing.
The equipment and facilities may include, but are not limited to the following:
Processing Equipment
Screens, crusher, conveyors, stackers, wash plant and other miscellaneous
processing equipment. (The plant will be a portable setup.)
Earth Moving Equipment
Dozers, loaders, scrapers, excavators, and compactors will be used for mining and
earth moving operations.
Miscellaneous Equipment
Dewatering pumps, electrical trailer, generator trailer, small portable generators and
watering trucks will be used as needed.
As mining progresses, topsoil and overburden will be stripped with scrapers to expose
the aggregate product below. All soil and overburden material will be used on -site for
reclamation; so long-term stockpiling of these materials is not anticipated. Overburden
and topsoil stockpiles will be located within the proposed mining area and placed so that
they do not impede potential floodwaters. The stockpiles will be placed outside the
floodplain where possible. The overburden and topsoil stockpiles will be separated and
stored in individual piles.
Mining of the aggregate will progress down to the underlying bedrock. Since
reclamation will occur concurrently with mining, it is not anticipated that bedrock
material will be stockpiled long-term prior to use if it is used in the reclamation slopes.
During mining and at the completion of reclamation, the mining face will have a 3H:1V
slope. The aggregate material will be temporarily stockpiled near the portable plant site
outside the floodplain where possible until mining has progressed where stockpiles as
J&T Consulting, Inc.
Derr Pit Project
DRMS 112 Permit
well as the portable plant site can be placed below the existing grade within the mining
boundary.
Topsoil Handling Plan
As stated previously the topsoil will be stripped to expose the aggregate product
underlying the topsoil. The topsoil will be stripped using scrapers and stockpiled in the
topsoil stockpile as depicted in Exhibit C. The volume of topsoil is approximately 59,900
cubic yards. The depth of the topsoil is approximately six inches over the majority of the
mining area. The topsoil will be stripped and stockpiled during each phase. The height
of the topsoil stockpile will be approximately 15 feet.
Mine Phasing
Broken Arrow Investments, LLC anticipates mining and reclaiming the Derr Pit Project
site in approximately 15 - 18 years. Phases 1 — 7 would be mined to a depth of 70 - 90
feet with each phase being 6.81 - 16.71 acres. However, it is possible that due to
demand fluctuations, mining could progress slower than anticipated and additional time
may be required for mining and reclamation of the site. After Phase 1 is mined to depth
the mining operations will continue to expand as needed from the northeast corner in
order of the phases shown on the Mining Plan until mining is completed.
The mining will progress in each phase beginning at the outer edge of the phase where
material will be moved toward the interior of the phase such that a 3H:1V mining slope
can be established on the exterior of the phase. The mining slope will be established for
the entire perimeter of the phase in 3 to 6 feet intervals. In Phases 1-7 a dewatering
trench around the perimeter will be placed at the toe of the 3H:1V mining slope. As the
phase is mined deeper the dewatering trench will be lowered and moved laterally along
the 3H:1V mining slope toward the center of that phase. Once the interior footprint
becomes small enough where the 3H:1V mining slopes from three to four sides are
encroaching upon the portable plant and haul roads another phase will be opened to
continue mining.
Dewatering
Dewatering trenches will be placed along the perimeter of each mining area in Phases
1-7. The dewatering trench around the perimeter of the phase being mined will be
placed at the toe of the 3H:1V mining slope. As the phase is mined deeper the
dewatering trench will be lowered and moved laterally along the 3H:1V mining slope
toward the center of that phase. Once the interior area becomes small enough where
the 3H:1V mining slopes from three to four sides are encroaching upon the portable
plant and haul roads another phase will be opened to continue mining. The slurry wall is
anticipated to be installed prior to Phase 2 being mined, and it is expected minimal
dewatering will be required in the subsequent phases due to the slurry wall cutting off
groundwater infiltration into the pit.
Explosives
Explosives will not be used during mining.
J&T Consulting, Inc.
Derr Pit Project
DRMS 112 Permit
JT
J&T Consulting, Inc.
February 12, 2018
Department of Natural Resources
Division of Reclamation, Mining, and Safety
Mr. Eric Scott
Environmental Protection Specialist, P.G., R.G.
1313 Sherman Street
Room 215
Denver, CO 80203
RE: 112c Permit M-2008-017 — Derr Pit Amendment — Oil and Gas Operations and
Mineral Lessees
Dear Mr. Scott:
I am providing this letter to inform you of our progress in obtaining surface use
agreements with the operators on the properties that are part of this application for
amendment to the Derr Pit 112c permit M-2008-017.
We have contacted Brian Amsberry with Noble Energy, Inc. and discussed their
holdings and operations on the original property area and the proposed amendment
area. They own some existing horizontal wells on the original property and a vertical
well (Noffsinger 8-4) on the amendment property. They have requested an area to be
designated to drill future horizontal wells which we have shown on the mining and
reclamation maps. We have also provided these maps to them to review.
We contacted Extraction Oil & Gas, LLC and discussed their holdings and operations on
the proposed amendment area. We first contacted Justin Dean Smith with Extraction Oil
& Gas, LLC and he had another person from their operations group contact us with
more information on their plans for their existing vertical well in the amendment area.
The existing vertical well (Noffsinger 2-4) is scheduled to be abandoned in the next
couple of months. We provided an access to the well location assuming it will be
abandoned and provided the COGCC offset required around the abandoned well of 25'
plus feet. We are trying to get in touch with the correct landman for this area but have
not heard back yet. We contacted Sean Flannigan who is one of their sandmen but not
for this area regarding a surface use agreement.
We will continue to pursue agreements with these entities. The proposed mining will not
mine within 200 feet of the oil/gas wells in the area until agreement are in place or a
305 Denver Avenue — Suite D • Fort Lupton CO 80621 • Ph: 303-857-6222 • Fax: 303-857-6224
Mr. Scott
RE 112c Permit M-2008-017 — Derr Pit Amendment — Oil and Gas Operations and Mineral Lessees
Page 2
slope stability analysis is conducted in order to mine closer than 200 feet. If you need
additional information please do not hesitate to contact me at (303) 857-6222.
Cordially,
J.C. York, P.E.
LI 305 Denver Avenue — Suite D • Fort Lupton CO 80621 • Ph: 303-857-6222 • Fax: 303-857-6224
EXHIBIT E
Reclamation Plan
Water storage will be the primary final reclaimed use for the Derr Pit Project site.
Portions of mining areas will be backfilled and reclaimed as "native" areas, which will be
re -seeded with native vegetation and will also include areas where native trees could be
re -planted. The majority of the mining areas will be reclaimed as a water storage
reservoir. The remaining area within the proposed permit boundary will consist of
reservoir shoreline, unimproved access roads around the reservoir, and reclaimed or
otherwise undisturbed land. The approximate acreage of each of these areas is:
Final Land Use
Reclamation
Plan Area
(acres) _
Alternate
Reclamation Plan
Area nacres)
Reservoir(s) Water Surface
62.59
66.20
Street/County Roads/Access Roads
4.65
4.65
Reclaimed Vegetated Land and Undisturbed
Land
77.81
74.20
TOTAL
145.05
145.05
Water Storage Reservoir(s)
In general, the mining limits will be mined to the siltstone/claystone bedrock. The
relatively impermeable bedrock will make the bottom of the reservoir. The reservoir will
also be separated from the surrounding alluvial aquifer by a slurry wall liner. The slurry
wall liner will be keyed into the bedrock material and extend upward through the entire
height of the alluvium. Design specifications and quality control procedures used during
construction of the slurry wall liner will ensure that the reservoir meets State Engineer's
Office (SEO) performance standards for permeability. The slurry wall liner will be
constructed between year two and year three of the mining.
All reservoir slopes left by the mining operation will be reclaimed to at least 3H:1V final
grade. Reclamation of the exterior cell walls will be concurrent with mining. Since
reclamation will be concurrent with mining, most soil, overburden, and bedrock material
excavated during mining will be used almost immediately. Scrapers and dozers will be
used to place overburden material along the reservoir perimeters to achieve the final
grade. Upon placing the backfill material, 95 percent compaction will be achieved to
insure adequate integrity of the slope. Final reclamation by capping with topsoil and re -
vegetating above the expected reservoir water level will follow backfilling operations
closely to minimize the amount of disturbance at any one time.
During reclamation activities, inlet and outlet facilities for the reservoir will be designed
and installed once the end use of the proposed reservoir(s) has been identified. The
general location for the inlet/outlet facility has been shown on the reclamation plan map.
It is anticipated that the structure will function as an inlet and outlet as it will be a wet
J&T Consulting, Inc.
Derr Pit Project
DRMS 112 Permit
well with a pump station. The wet well will accept incoming flows that will fill the
reservoir. The incoming flow will enter the top of the wet well and exit through an
inlet/outlet pipe that is placed at the bottom of the wet well and extends out into the
reservoir on the bottom of the reservoir floor. The inlet/outlet pipe on the bottom of the
wet well will also function as an equalizer pipe to allow water into the wet well so when
the discharge pump station is operated water can be pumped/removed and discharged
to the end users system for use as augmentation water or perhaps raw water that could
be treated and used for potable water.
Reclamation Measures/Materials Handling
Backfilling will be done to provide stabilized shorelines around the reservoir and to
minimize erosion. The backfill material will consist of native bedrock claystone, gravel,
overburden, and topsoil. There will not be known toxic or hazardous materials in the
backfill material. Additionally, it is not likely that acid forming or toxic materials will be
encountered during mining. The mining will not leave high walls on the property. In
addition, there will be no auger holes, excavations, or shafts left on the property.
Overburden and topsoil that is removed during the mining will be used to reclaim the
mining slopes and areas that are disturbed during the mining such as haul/access roads
and the recharge pond. Overburden will be placed in the areas such as haul/roads and
the recharge pond to bring the grade to the final reclaimed elevation. The overburden
may also be spread on the 3H:1 V mining slope to use the excess overburden to
exhaustion. This will be accomplished by using a dozer to spread the overburden
material to a depth of one foot or less across the entire mining slope thus maintaining a
3H:1 V slope. The slope will be compacted as described in the previous paragraphs for
the Water Storage Reservoir. Topsoil will then be placed to finalize the grading such
that seeding can occur. The topsoil will be placed at all disturbed areas and on the
mining slope to an elevation matching the expected reservoir water level.
Top soiling
The top six inches of soil on the property is classified as topsoil. This layer includes the
root zone of grasses and crops, which will be stripped and stockpiled separately. By
using concurrent reclamation techniques, the topsoil is not expected to remain in
stockpiles for more than one to five years. If the stockpile remains more than one
growing season, it will be seeded with a fast growing vegetative cover to prevent
erosion. All topsoil will be retained on -site to reclaim the reservoir shoreline, and other
areas disturbed by mining activities. Where required, topsoil will be replaced to a depth
of approximately twelve inches.
Revegetation
As mining operations are completed, areas for reclamation will be graded and shaped
for revegetation. Runoff or excess water from adjacent areas will not be allowed to flow
over slopes being graded and seeded. If needed, berms or channels will be constructed
to divert excess water and dispose of it in a safe and non -erosive manner.
J&T Consulting, Inc.
Derr Pit Project
DRMS 112 Permit
Upland Areas. For disturbed upland areas, the reclamation plan includes re -vegetating
with appropriate seed mixes to minimize erosion and reestablish natural terrain. The
grass mixture below was selected to be long lasting and regenerating, as recommended
by the Greeley NRCS field office. The ground will be fine graded prior to seeding
according to recommendations from the Natural Resource Conservation Service.
Reservoir side slopes below the anticipated reservoir water level will not be seeded.
The proposed seed mix is shown in the following table.
Upland Grass Seed
Application Rate*
(#PLS/acre)
o in mix
/a
Switchgrass (Greenville, Nebraska 28
Blackwell, Pathfinder)
0.8 #PLS/ac
20
Yellow Indiangrass (Lano, Holt, Cheyenne,
Oto)
1.0 #PLS/ac
10
Sideoats Grama
1.8 #PLS/ac
20
Blue Grama (Hachital, Lovington)
0.3 #PLS/ac
10
Western Wheatgrass (Arriba, Bartonk, Rosana)
4.0 #PLS/ac
25
Sand Dropseed
0.03 #PLS/ac
5
Little Bluestem
0.7 #PLS/ac
10
Totals
8.63 #PLS/ac
100
*Application rate is for drilling the seed. If seed is to be broadcast, the application
rate will be doubled.
The seed mix for final reclamation as described above does not require fertilizer as
recommended by the local NRCS office in Greeley, Colorado. The seed mix was
revised slightly per the NRCS's latest recommendations that require less seed to be
drilled or broadcast per acre of disturbed area.
Upland grass seed will be planted with a drill equipped with depth bands and press
wheels. The seed should be drilled in the spring in the month of April for best results.
The seeded areas will then be covered with straw mulch at a rate of 4,000 pounds per
acre. The straw will be crimped into the soil to control erosion until the grass becomes
established. See the attached NRCS seeding recommendations.
If a significant invasion of noxious weeds occurs after seeding, the weeds will be
mowed before they can go to seed. The areas will be mowed periodically for additional
control as needed. Mechanical control will be used as a first priority. Chemical methods
will only be used if no other alternative produces acceptable results.
Temporary Stockpile Areas. For temporary stockpiles, the reclamation plan includes
re -vegetating with appropriate seed mixes to minimize erosion and establish more
rapidly to stabilize the stockpiles. The grass mixture below was selected as
recommended by the Greeley NRCS field office. The proposed seed mix is shown in the
following table.
J&T Consulting, Inc.
• Derr Pit Project
DRMS 112 Permit
Temporary Stockpile Seed
Application Rate
(#PLS/acre)
% in mix
Slender wheatgrass
2.8 #PLS/ac
25
Smooth bromegrass
3.9 #PLS/ac
30
Pubescent wheatgrass
4.2 #PLS/ac
30
Sand dropseed
0.03 #PLS/ac
5
Crested wheatgrass
0.6 #PLS/ac
10
Totals
11.53 #PLS/ac
100
* Application rate is for drilling the seed. If seed is to be broadcast, the application
rate will be doubled.
The seed mix for final reclamation as described above does not require fertilizer as
recommended by the local NRCS office in Greeley, Colorado
Water — General Requirement
To minimize the effect on the prevailing hydrologic balance, the operator shall:
a. Comply with all applicable Colorado water laws.
b. Comply with all applicable Federal and State water quality laws and regulations.
c. Comply with all Federal and State requirements for dredge and fill.
d. Re -grade and backfill all sediment and siltation structures after mining is
completed.
Groundwater — Specific Requirements
The operation will not affect groundwater quality on or off the site. The operation will
comply with State groundwater quality standards. Due to the absence of sources of
potential pollutants, groundwater quality monitoring is not required in this operation.
The mining and reclamation will affect the groundwater table surrounding the mine site.
Proposed mitigation efforts to minimize these impacts are a recharge pond along the
southeast corner of the property to maintain groundwater levels during the mining, and
a perimeter drain if needed to convey groundwater around the lined reservoir after the
slurry wall is installed.
The depth to groundwater has been measured on a monthly basis in piezometers
located on the interior and exterior of the proposed slurry wall alignment since October
2006. Groundwater depths will continue to be measured and recorded at monthly
intervals in each piezometer to establish what the seasonal groundwater levels are.
These measurements will be used as a benchmark for maintaining the groundwater
levels in subsequent years. The triggers that would require the perimeter drain to be
installed are as follows:
J&T Consulting, Inc.
Derr Pit Project
DRMS 112 Permit
A three foot difference in the depth to groundwater from the seasonal
groundwater levels in two or more piezometers as observed in the previous years
monthly measurements for two consecutive months.
Broken Arrow Investments, LLC proposes that the groundwater elevations be monitored
through onsite wells before, during, and after the mining and reclamation is complete so
that impacts to the groundwater table, from this mining operation, can be identified and
addressed. 1t is the intent of Broken Arrow Investments, LLC to operate responsibly and
to mitigate damages to wells that are directly attributable to the mining and reclamation
of this site. For more specific information please refer to the well owner agreements and
narrative included in Exhibit G.
Reclamation — Approximate Time Table
The proposed rate of production for the mine is 300,000 to 600,000 tons per year. The
total time frame to mine every phase is approximately 12 to 24 years which allows for
years where the 300,000 to 600,000 tons per year production rate is less. The following
table shows the approximate time frame to finish each phase of mining:
Mine Phase and Acreage
Time Frame to Complete and
Reclaim Phase
Phase 1 — 6.92 acres
2 years and 7 months
Phase 2 - 6.81 acres
2 years and 7 months
Phase 3 — 8.21 acres
3years and 3 months
Phase 4 - 9.90 acres
3 years and 10 months
Phase 5 — 16.71 acres
4 years and 8 months
Phase 6 — 11.69 acres
3 years and 3 months
Phase 7 — 14.71 acres
4 years and 1 months
The assumed maximum production rate is 300,000 to 600,000 tons for processed
material leaving the mine each year. An average production rate of 300,000 tons per
year was used to calculate the reclamation time table. The size and area of reclamation
varies for each phase but generally consists of the outside mining slope being reclaimed
at a 3H:1 V slope with the addition of overburden, topsoil, and revegetation. For more
information on sequencing and size of the reclamation activities refer to Exhibit L
financial warranty calculations.
Reclamation Plan and Alternate Reclamation Plan
The reclamation plan attached in Exhibit F depicts the reclaimed reservoir(s) with an
existing oil/gas well in the center of the reservoir with setbacks recommended per the
existing slope stability study, for the area that was originally permitted, that will be
implemented if an agreement with the oil/gas companies cannot be reached to re -locate
the existing well. All the additional areas in the amendment will not be mined within 200
feet until an agreement with the oil/gas companies, property owner(s), or utility owner(s)
can be executed or a slope stability analysis can be performed if an agreement cannot
J&T Consulting, Inc.
Derr Pit Project
DRMS 112 Permit
be reached. An alternate reclamation plan has also been included depicting the
reservoir for the original permit without the existing oil/gas well remaining in place. The
alternate plan has been submitted in the event that the surface use agreement with the
oil/gas company will be finalized and the existing well could be re-located/abandoned as
a part of the proposed surface use agreement.
J&T Consulting, Inc.
Derr Pit Project
DRMS 112 Permit
EXHIBIT F
Reclamation Plan Map
See attached map.
J&T Consulting, Inc.
Derr Pit Project
DRMS 112 Permit
FILE CONTAINS
OVERSIZED MAP
PLEASE SEE ORIGINAL FILE
EXHIBIT G
Water Information
Introduction
The proposed mining operation is located in the Northeast 1/4 of Section 4, Township 5
North, Range 65 West, Sixth P.M., in Weld County. In terms of notable area water
features, the proposed Derr Pit mining site is located 1/8 mile northeast of the Ogilvy
Ditch and 3/8 miles north of the mainstem channel of the Poudre River.
Approximately the southerly 30% of the proposed 145.05 -acre permit area is within the
current regulatory Poudre River 100 -year floodplain. Specifically, the site is located
within the Poudre River floodplain Zones AO and B, with 100 -year flood depths of one
to three feet. All work performed in the floodplain will conform to the Weld County Flood
Hazard Regulations, and will be subject to a Weld County Flood Hazard Development
Permit.
The major 100 -year floodplain accommodations at the Derr Pit operation will include:
• Stockpiling of stripped and mined materials outside the 100 -year floodplain to
the greatest extent practical, from commencement of the operation;
• Alignment of stockpiles parallel to the estimated 100 -year flood flow direction;
• Breaks or gaps between stockpiles to allow floodplain flows through;
▪ No net import of materials into the 100 -year floodplain on the site; and
• Ultimately, placement of mined material stockpiles in the pit bottom as soon as
the mine excavation area is large enough to accept them.
The Derr Pit mining operation itself will consist of sand and gravel production and will
impact the Poudre River in the form of depletions due to evaporation of exposed
groundwater, and losses associated with mining, primarily dewatering and exported
material moisture content in phases 1 — 7.
The most significant groundwater feature of the operation will be construction of a slurry
wall liner(s) around the perimeter of the planned mined pit(s). The slurry wall(s) are
planned for construction between year two and three of mining.
Mining of the Derr Pit site is anticipated to last for approximately fifteen to eighteen
years. Once reclamation is complete, lined water storage reservoir(s) will be created,
and will have a total surface area of approximately 66.20 acres at projected maximum
water storage levels.
The mining operation will extract sand and gravel deposits from the Poudre River
aquifer alluvium, and will impact groundwater systems hydraulically connected to the
Poudre River in Phases 1 — 7. The depth to the alluvial aquifer groundwater ranged
from 8 to 17 feet in thirteen of fifteen site geotechnical borings performed across the
J&T Consulting, Inc.
Derr Pit Project
DRMS 112 Permit Amendment
proposed mine site by Two Rivers Testing in October 2006. Groundwater monitoring
wells have been installed at the proposed mining site in all fifteen borings by Two Rivers
Testing. Monitoring data is attached for the monthly readings since the installation
occurred in October 2006.
During mining, the exposed surface area will include a recharge pond, planned to be at
the southeast corner of the property for maximum benefit to the alluvial groundwater
aquifer, and a recharge ditch on the south side of the pit that will be approximately
1,500 feet in length with a 5' width. The recharge pond location and configuration may
vary during the mining and dewatering operations for observed impacts to the area
alluvial aquifer, monitored through the groundwater monitoring wells. The recharge
pond is planned to have a total surface area of approximately 0.55 acres and the
recharge ditch will have a total surface area of 0.2 acres.
To enable dry mining at the site, dewatering trenches will be constructed around the
perimeter of the pit in Phases 1 - 7. Typically, groundwater and storm water in the mine
pit operation will flow along the dewatering trenches, and surface flow by gravity to
collection basins. These flows will then be pumped into the southeast recharge pit some
70 to 90 ft vertically `above' the collection basin in the mine bottom. During mining
operations, less than 0.4 acres of water is expected to be exposed in less than 3,000
feet of 5' to 6' width dewatering trenches, at any one time in the mining operation.
Water Requirements
The annual consumptive use at this site during Phases 1 — 7 of the mining operation is
estimated to be approximately of 16.0 ac -ft and will result from evaporative losses and
moisture content of the material hauled off the site. Evaporative losses are dependent
on the exposed water surface area, which may vary throughout themining operation as
discussed above. Exposed surface area at the Derr Pit will include groundwater
exposed in dewatering trenches, a recharge pond, and recharge ditches.
The maximum exposed surface area at the site during mining is estimated at 1.15
acres. Total annual evaporative loss is the product of net annual evaporation and total
exposed groundwater surface area. Net annual evaporation is the difference between
gross annual evaporation and effective annual precipitation.
The NOAA Technical Report NWS 33, Evaporation Atlas for the Contiguous 48 United
States (U.S. Department of Commerce), was used to determine gross annual
evaporation. For this location, gross annual evaporation was estimated at 45 inches, or
3.75 feet.
The Western Regional Climate Center climatic data for the City of Greeley weather
station was used to estimate annual precipitation. For this station, the average annual
precipitation was reported as 14.06 inches. Effective annual precipitation was assumed
to be 70 percent of average annual precipitation and was calculated to be 0.82 ft. The
JT
J&T Consulting, Inc.
Derr Pit Project
DRMS 112 Permit Amendment
net annual evaporation was calculated as 2.93 ft, and thus, the resulting net annual
evaporative consumptive use during the mining operation is 3.4 ac -ft.
The annual production from the Derr Pit site is estimated at 300,000 to 600,000 tons.
The moisture content of the material hauled off the site for Phases 1 — 7 was assumed
to be four percent by weight; this results in an annual amount of 8.8 ac -ft of water
retained in the product at production of 300,000 tons. Dust control is also required for
internal haul roads and stockpiles and estimated to be 3.8 ac -ft.
The maximum total annual consumptive uses associated with Phases 1 — 7 of the
mining operation are estimated as follows:
Evaporation (acre-feet)
3.4
Dust Control (acre-feet)
3.8
Moisture Retained in Product (acre-feet)
8.8 i
TOTAL (acre-feet
16.0
Between the second and third year of mining, a slurry wall liner will be constructed
around the pit. Following mining, reservoir(s) will be created at the mining site with a
surface area of approximately 66.20 acres.
Replacement Water
The replacement of consumptive uses will be accounted for in a Substitute Water
Supply Plan (SWSP) that is administered by the SEO. This plan will be in place prior
to mining in Phase 1.
Surrounding Water Rights
The following index map and table shows the permitted wells within possible influence
of the mining and dewatering operations for this site. The well permit map itself was
obtained from the Colorado Division of Water Resources' (SEO's) latest online
Geographic Information System (GIS). Although there may be other wells in the a area,
they are not registered and permitted with the SEO.
As required by the SEO, a gravel pit well permit will be obtained for the proposed uses
of groundwater at the site prior to mining commencing in Phase 1. If the proposed use
of groundwater at the Derr Pit site results in material injury to surrounding wells, Broken
Arrow Investments, LLC will ensure that all necessary actions or measures are taken to
address or remedy the injuries.
Water Quality
An application for a CDPS Permit will be submitted to the Colorado Department of
Public Health & Environment (CDPH&E), Water Quality Control Division, for the Derr Pit
J&T Consulting, Inc.
Derr Pit Project
DRMS 112 Permit Amendment
site. This permit will be obtained before the mining operations discharge groundwater
into the recharge ditch and recharge pond.
Wells Within Possible Influence Area of Proposed Mining Operations
Map ID
Permit
No.
Name
Address
City
State
Zip
1
12332
CARLSON JOHN C.
&RULAND PL
RT 1 BX 11
GREELEY
CO
80631
2
6274
DAVIS CATTLE CO P 12332R
3
14960
DAVIS FARMS INC
712 10TH ST
GREELEY
CO
80631
4
5621
DAVIS FARMS P S 1-149608
5
11161
LOLOFF ED CNSTR INC
KERSEY
CO
80644
6
26555
FRANCIS ROBERT
PO BOX 1608
GREELEY
CO
80632
7
53788
AGGREGATE INDUSTRIES WCR
INC
3605 SOUTH TELLER
STREET
LAKEWOOD
CO
80235
8
8469
STEWART 1-27480-F ENL DUPE
ID
9
19089
NORTH ' FRONT RNG WTR QUAL
PLNG ASSOC
CIVIC CENTER
500E THIRD
LOVELAND
CO
80537
10
246784
NOFFSINGER
MANUFACTURING CO
500 6TH AVE
GREELEY
CO
80631
11
175997
CENTRAL COLORADO WTR
CONS DIST
3209 W 28TH ST
GREELEY
CO
80631
12
135883
FRANCIS ROBERT D.
PO BOX 1068
GREELEY
CO
80632
13
8477
STEWART WELL 2-135883
14
30562
FRANCIS ROBERT D.
PO BOX 1608
GREELEY
CO
80632
15
2368
GREELEY LOCKER
& MEAT CO
1115 7TH AVE
GREELEY
CO
80631
16
223887
KOHLHOFF KARL & RENATE
701 BALSAM AVE
GREELEY
CO
80631
17
223885
TAYLOR JAMES A & DIANA
665 BALSAM AVE
GREELEY
CO
80631.
18
421
RULAND BUD
19
11092
R & S EQUIPMENT INC
MCGRAW JARRETT P
O BOX 940
GREELEY
CO
80632
20
8270
SCHELLER WELL 2
21
2020
SUMMIT GROUP OF SOUTHERN
WISCONSIN
701 CHERRY AVE
GREELEY
CO
80631
22
252198
AGGREGATEINDUSTRIES WCR
PO BOX 337231
GREELEY
CO
80633
23
165082
ZIMMERMAN ALFRED E &
ROZETTAJ
577 E 8TH ST
GREELEY
CO
80631
24
6740
GREELEY MEAT WELL 2368-F
25
252199
AGGREGATE INDUSTRIES WCR
INC
PO BOX 337231
GREELEY
CO
80633
26
2368
GREELEY MEAT CO. INC.
625 EAST 8TH ST
GREELEY
CO
80631
27
13065
FARR FARMS CO
PO BOX 878
GREELEY
CO
80632
J&T Consulting, Inc.
Derr Pit Project
DRMS 112 Permit Amendment
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sal J&T Consulting, Inc.
1400 W 122nd Avenue - Suite 120
Westminster, CO 80234
303-457-0735
BROKEN ARROW INVESTMENTS, LLC
DERR PIT
WELL LOCATION MAP
Date: 03/07/08
Job No:
07123
Drawn:
wSS
Scale: 1" = 1000'
Sheet: 1 Of: 1
29
EXHIBIT H
Wildlife Information
To evaluate potential wildlife habitat impacts from the proposed operation, information
was gathered during site investigations and from the Natural Diversity Information
Source (NDIS). The NDIS combines plant and animal abundance data from the
Colorado Division of Wildlife (DOW) and other Colorado natural resource agencies to be
used for land -use analyses and decision making. In addition, the U.S. Fish and Wildlife
Service (USFWS) maintains a list of federally threatened and endangered species as
well as candidate species for the State of Colorado. This list was reviewed and animal
species that appear on this list that are potentially applicable to the project include the
following:
Bald eagle (Haliaeetus leucocephalus)
Burrowing Owl (Athene cunicularia)
Black -footed ferret (Mustela nigripes)
Black -tailed prairie dog (Cynomys ludovicianus)
Preble's meadow jumping mouse (Zapus hudsonius preblei)
Colorado butterfly plant (Gaura neomexicana ssp coloradensis)
Ute ladies' -tresses orchid (Spiranthes diluvialis)
There are small areas of the site that contain seedling plains cottonwood (Populus
deltoides) and mature Chinese elm (Ulmus parvifolia) trees however the mature trees
are all fairly degraded. A review of DOW NDIS map data for the bald eagle indicates
that the project site is not near any known bald eagle nests. Thus, it is unlikely that the
project will have effects on the bald eagle. More detailed information is available in the
attached Birds of Prey Survey.
Burrowing owls favor prairie dog holes for nesting in the spring and early summer
months. This habitat type was present for a number of years however the last 12 years
or so have seen frequent earth moving activity and widespread soil disturbance. There
is also a lack of natural habitat within the project area as it is covered by
weedy/disturbed habitat at present. Refer to the Burrowing Owl Survey for more specific
information.
The black -footed ferret and the black -tailed prairie dog are usually found together.
Based on the previous observations it is unlikely prairie dogs are inhabiting the project
site and thus anticipate that without the prairie dogs, ferrets are unlikely to be present.
We do not anticipate impacts to either of these species.
An investigation completed by Tiglas Ecological Services to determine if the Preble's
meadow jumping mouse habitat was present on this property, and no potential habitat
was found. This led Ms. Darcy Tiglas, to conclude that there is no presence of the
Preble's meadow jumping mouse. In addition, we have submitted a request for
exclusion of this property to the USFWS and have attached the response letter from the
%Ir
J&T Consulting, Inc.
Derr Pit Project
DRMS 112 Permit Amendment
USFWS. For a more detailed explanation of the information obtained for the
investigation, refer to the attached report.
The DOW NDIS data provides lists of wildlife known to be common or abundant in Weld
County, and which might occur within or near the proposed project site. These lists
include a variety of amphibians, reptiles, birds, and mammals. The following list is an
example of some representative species that occur on the list for Weld County and
could be expected to be present on or in proximity to the project site:
bullfrog (Rana catesbeiana)
plains spadefoot (Spea bombifrons)
tiger salamander (Ambystoma tigrinum)
plains garter snake (Thamnophis radix)
American robin (Turdus migratorius)
bank swallow (Riparia riparia)
black -billed magpie (Pica pica)
common grackle (Quiscalus quiscula)
mallard (Anas platyrhnchos)
mourning dove (Zenaida macroura)
big brown bat (Eptescius fuscus)
coyote (Canis latrans)
desert cottontail (Sylvilagus audubonh)
meadow vole (Microtus pennsylvanicus)
racoon (Procyon lotor)
white-tailed deer (Odocoileus virginianus)
Wildlife may utilize the site for breeding, feeding, and reproduction. The majority of the.
site is active, 90% of the site is disturbed and weedy, which provides limited habitat
value as compared to native riparian areas and grasslands. The mining operation may
disturb some of the wildlife within the proposed site boundary, but seems unlikely due to
the amount of activities that are ongoing at the site. Mining activities will be confined to
specific areas and reclamation will be performed concurrent with mining to limit the total
disturbed acreage at any one time. This will help limit the disturbance to wildlife in the
area.
J&T Consulting, Inc.
Derr Pit Project
DRMS 112 Permit Amendment
PREBLE'S MEADOW JUMPING MOUSE HABITAT EVALUATION FOR
THE PROPOSED GRAVEL PIT PROJECT AT
THE DERR PROPERTY IN WELD COUNTY, COLORADO
Prepared by:
Darcy Tiglas
5015 Swainsona Drive
Loveland, Colorado 80537
May 2006
PREBLE'S MEADOW JUMPING MOUSE HABITAT EVALUATION FOR
THE PROPOSED GRAVEL PIT PROJECT AT
THE DERR PROPERTY IN WELD COUNTY, COLORADO
INTRODUCTION
Weld County proposes to mine aggregate materials from the Derr Property. Diversified
Consulting Solutions, Inc. (dcs) and its team is preparing the baseline documents for this project,
including the environmental and biological reports and permits. A habitat evaluation for the
Preble's meadow jumping mouse (Zapus hudsonius preblei) is needed as the site is located in
Weld County. This report describes the habitat evaluation results and outlines the rationale
behind a determination not to survey a proposed gravel mine site at the Derr Property located
along Balsam Avenue on the eastside of Greeley, Colorado.
PROJECT LOCATION
This site is located on the east side of Greeley, Colorado and lies on the east side of Balsam
Avenue north of Eighth Street or Highway 263. The project area lies in the middle of Section 4
at the southwest '/of the northeast '4 Township 5 North, Range 65 West. The longitude is 104
degrees, 40 minutes, 6 seconds and the latitude is 40 degrees, 25 minutes, 44 seconds. The
NAD 27 UTM coordinates are Zone 13, Easting 528178 and Northing 4475206. The WGS 84
(NAD 83) UTM coordinates for the site are Zone 13, Easting 528133 and Northing 4475414.
The elevation of the project area is approximately 4,630 feet above sea level. Figure 1 presents
a vicinity map of the project area. Figure 2 presents the project area within the Greeley,
Colorado USGS quadrangle map.
QUALIFICATIONS OF THE SURVEYOR
The Preble's meadow jumping mouse habitat evaluation was conducted by Darcy A. Tiglas,
5015 Swainsona Drive, Loveland, CO 80537. Federal permit number TE053477 and State
license number 06-TR814 are held for actual trapping surveys. The surveyor's general
qualifications were submitted to the U.S. Fish and Wildlife Service for review and found
acceptable by the Service.
The project area is surrounded by rural residential and agricultural properties. The National
Resource Conservation Service (NRCS) did not map the pond or irrigation ditch as these were
added to the property in the last 12 years. The ponds just south of the property are shown on the
topographic map prepared by the NRCS. Through the years, pockets of palustrine wetlands
have developed along the ditch and had formed in association with the pond. The landowner
recently filled the pond so the adjacent ponds were used as data reference points due to their
similarity to the filled pond. Periodic site maintenance and operations have impacted the
communities within the ditch from time to time.
t
:
Figure 1
Vicinity Map
Derr Gravel Pit
1
HABITAT EVALUATION DATE
The habitat evaluation site visit was made on April 16, 2006.
RESULTS
The results of the habitat evaluation are presented below. Appendix A presents photographs of
the project area and shows the vegetation complex within the project area. Appendix B presents
the U.S. Fish and Wildlife Service data sheet for habitat evaluations for the Preble's meadow
jumping mouse.
Vegetation Communities. Two vegetation communities were identified in association with wet
areas on the site. Both communities are designated as palustrine. One community is associated
with a feeder or irrigation ditch that flows across the middle of the property. This community
has a seedling woody component of cottonwood. The other community was associated with a
stock pond at the southwest corner of the property. The vegetation communities associated with
the pond were restricted to the pond shoreline and bottom. Monocultures dominated these
dominant plant complexes. The vegetation communities within the ditch and pond are supported
by a "bath -tub" scenario created by the topography around the depessions. The upland areas are
clearly demarcated due to the upland vegetation and topographic elevation change occurring at
the Derr Property.
Community A. This community is associated with a small feeder ditch that carries water from
the northeast quarter of the property toward the southwest corner of the property. The ditch is
small and shallow, but does hold pockets of surface water throughout the year. This area is
characterized as a palustrine/emergent/persistent community; Several seedling plains cottonwood
(Populus deltoides) are present along the ditch bank and constitute the dominant tree in the
community.. Reed canarygrass (Phalaris arundinacea) is the dominant grass present. The
canarygrass forms a thick monoculture along the ditch. The dominant forb in this community is
Canada thistle (Cirsium arvense).
Community B. This community is associated, with the pond at the southwest corner of the
property. The pond was filled by the property owner prior to my field work efforts, but an
adjacent pond and previous vegetation species list work supported the following description of
the pond. Soil pits were dug at the filled pond site to assist in the determination of the soil field
characteristics at the site. This area is characterized as a palustrine/emergent/persistent
community. Reed canarygrass was the dominant grass and broad-leaved cattail (Typha latifolia)
was the dominant forb in this community.
it
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47
Figure 2
Project Area Map
Derr Gravel Pit
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•
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rierair
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Rationale for Determination of No Survey
The following rationale was identified during the field reconnaissance as reasoning to not
conduct a survey for the Preble's meadow jumping mouse at the Derr Property project area. The
rationale includes:
• habitat for the Preble's meadow jumping mouse is not present at the project site and non-
existent for approximately 1/2 mile before suitable habitat exists to the south of the project
area;
• the vegetation communities at the project area do not favor occupation by the mouse as they
tend to reject monocultures like that in the ditch and pond;
• good quality habitat for the mouse lies approximately 3/4 mile to the south in association
with the Cache La Poudre River, but a significant upland break in any suitable habitat is
present within this distance to the project area; and
• no direct, secondary (i.e., sedimentation), or cumulative impacts are expected to the mouse
due to the minimal impacts expected from the project.
SUMMARY
Due to the many primary field indicators on unsuitable habitat for the mouse within the project
area described above, it is determined that it is unlikely that an individual or any populations of
the Preble's meadow jumping mouse would occur at the Derr Property.
REFERENCES
Soil Conservation Service (SCS). 1980. Soil Survey of Weld County, Colorado Southern Part.
United States Department of Agriculture Soil Conservation Service in cooperation with
Colorado Agricultural Experiment Station. September 1980.
United States Fish and Wildlife Service (USFWS). 1999. Interim Survey Guidelines for
Preble's Meadow Jumping Mouse, revised May 1999.
APPENDIX A
PHOTOGRAPHS OF PROJECT AREA
lie IA' #, fe .cfe (f:;1Jh Ictio.kjral north from L trt,rit:C•
\v1'south \v st corner iVI tiitti \\,h?CZ'c pond used to ,Elt.: IT('UU entrance rOa(i,
-,w -Of filled pond site With reference pond to the south.
View of rctererrce and looking nnrthuust 1. n 13 1s;im AN cline.
APPENDIX B
USEWS DATA SHEET
M ��iLY 1.111 L
JJJ GI�� 2371 L£''J UUJ
O TRAPPING SURVEY
Zapus hudsonius preblei, Preble's Meadow Jumping Mouse
Survey Field Data Compilation Form
ig( EVALUATED, NOT TRAPPED
Fill out both sections 1 and 2 if trapping survey, fill out only section 1- if habitat evaluation (not
trapped).
SECTION 1
Surveyor:
Organization/Company
Full Name(s)
,LoIoQiccc� 5 yr S
Location:
Descriptiy Site Name (creek,Q} b tegi,on, etc.)
U.S_G.S. Qua Name•M County • r: Elevation
Township(s) .5 Ranges) lQ [k) Section(s) 4-1/4
�Section(s) SW `I '-4 ! (�) 1/14
� 1)cl:1 UTM Coordinates, Zone 13 Northing 11114 '3 Fa° Easting 5a 8 8
Directions to Location
Land Ownership
f,/FilzuS5IV/ 8`Sf Noh
Habitat:
General Habitat Des tion
Drainage Type: ?ere alai Stream Ephemeral Stream Pond/Lake �C
Ditch X Other
SECTION 2.-
h. prebtei found '? Yes U No 0 'Dates of Survey
Trapping• Information:
Type of Traps Type of Bait
% Available (unsprung) Number of Nights Trapped
Total Trapnights
Weather conditions prior to and during survey
Associated Animal Species (especially urban predators, rats, house mice) .
AV! _L. tor
1 J. J V 1: 3:1 J V J b I V VI
L'J 11J14 1• f!1LJL141.
tEl Vt.) 4
Sketch of surveyed. area showing splines, specific area disqualified (can be done on required
U.S.G.S. map of sire if appropriate)
Preble's Data:
Number of Preble's trapped or seen
Distance from water (rn) Sex (rn/f) Evidence of repro.* "Weight (grams). Marked or tagged?
1.
9,
3.
4.
(Continue on separate sheet if needed)
a` Reproducdon evidence for males is descended testes, for females is enlarged nipples.
Evidence of disease, predation or injury
(Submit injury/mortality form if appropriate)
Genetic tiMaterial'Obtained? Yes No . Forwarded to
Specimec(s)? Yes No ; Forwarded to
Additional Corn menu:
BIRDS -OF -PREY SURVEY FOR
THE PROPOSED DERR GRAVEL MINE PROJECT
WELD COUNTY, COLORADO
Prepared by:
Darcy A. Tiglas
5015 Swainsona Drive
Loveland, Colorado 80537
May 2006
BIRDS -OF -PREY SURVEY FOR
THE PROPOSED DERR GRAVEL MINE PROJECT
WELD COUNTY, COLORADO
INTRODUCTION
This report outlines the methods and results of a survey conducted to determine the presence of
any birds -of -prey at a gravel mine project area east of Greeley, Colorado at the Derr Property
along Balsam Avenue in Weld County. Weld County proposes to mine ag
gregate materials from
the Derr Property. Diversified Consulting Solutions, Inc. (des) and its team are preparing the
baseline documents for this project, including the environmental and biological reports and
permits. Weld County has signed an agreement with the Derrs to lease the mineral rights to a
portion of the aggregate available on this property. This survey was conducted to comply with
the Migratory Bird Act and the Endangered Species Act of 1973, as amended, which provides
for protection of many species including birds -of -prey.
PROJECT LOCATION
This site is located on the east side of Greeley, Colorado and lies on the east side of Balsam
Avenue north of Eighth Street or Highway 263. The project area lies in the middle of Section 4
at the southwest 'Aof the northeast 14 Township 5 North, Range 65 West. The longitude is 104
degrees, 40 minutes, 6 seconds and the latitude is 40 degrees, 25 minutes, 44 seconds. The
NAD 27 UTM coordinates are Zone 13, Easting 528178 and Northing 4475206. The WGS 84
(NAD 83) UTM coordinates for the site are Zone 13, Fasting 528133 and Northing 4475414.
The elevation of the project area is approximately 4,630 feet above sea level. Figure 1 presents
a vicinity map of the project area. Figure 2 presents the project area within the Greeley,
Colorado USGS quadrangle map.
PROJECT DESCRIPTION
Weld County proposes to mine gravel and other aggregate materials from this site in order to
supply the Public Works Department with materials for road base maintenance and road
construction 'across the County. The project area is surrounded by agricultural, mining, rural
residential, and ranchlands. The Cache La Poudre River lies approximately one-half mile to the
south of the property. The Poudre River is a perennial tributary flowing to the South Platte
River. A pond and an irrigation ditch lie on the site with several large ponds to the south of the
southwest corner of the project area. The upland areas on -site consist of weedy and disturbed
communities because the landowner perpetually excavates and grades the surficial soils, but a
short -grass prairie remnant is present along the eastern edge of the property. An outlot home
site at the northeast corner of the property is surrounded with plains cottonwood and Chinese
elm. Mature trees also occur at the southwest border of the property and along a bluff base at
a IN
•
' X11 Y.14•/
Figure 1
Vicinity Map
Derr Gravel Pit
It. •
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9
Figure 2
Project Area Map
Derr Gravel Pit
i • 1A•
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4644
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the north end of the property. A prairie dog colony occupies approximately 60 acres
surrounding and sometimes encroaching on the site.
SURVEY DATES
The survey was conducted on the mornings of May 1, 5, 9, and 10, 2006.
METHODS
The survey included a field reconnaissance of the entire project area with concentrated surveys
around any mature tree pockets. The surrounding roads were used to visually observe
surrounding properties for sign of birds -of -prey activity. On -site trees were inspected for stick
nests, signs of castings (coughed -up calcium pellets) or white -wash (guano) around the perimeter
of the tree line, or actual sightings of individuals.
RESULTS
The following discussion presents the results of the survey for birds -of -prey within the project
area and those adjacent areas that may be used by raptors.
Nests. Several stick nests were observed within the clump of trees at the northeast corner of the
property adjacent to the outlot home. These nests appear to be magpie nests due to the feathers
found within them and at the base of the trees they occupy. The nests were also low in the trees,
too low to be raptor nests. Magpies were abundantly observed on -site during the field
reconnaissance. No raptor nests were found on -site.
Sign. Castings and white -wash were found underneath some perch branches of the mature plains
cottonwood trees found within the project area. The castings contained small mammal bones,
rabbit or prairie dog hair, and calcium deposits. White -wash was found in association with the
castings as the birds tend to perch on these branches and rest or consume prey. It is suspected
that this sign is attributed to red-tailed hawks and great horned owls that use the site year-round.
Red-tailed hawks were observed flying over the site several times where they come in search of
preybase. Their nest lies in a cottonwood tree approximately one -quarter mile east of the project
area.
Sightings. During the field reconnaissance, several birds -of -prey were observed within and
adjacent to the project area. These birds included red-tailed hawks and kestrels. These birds -of -
prey are very common along the front range of Colorado and live here year-round; Due to the
high level of activity on the site from heavy equipment operation and the persistent activities of
earth -moving and disturbance, and other gravel mining operations adjacent to the project area,
birds -of -prey use the site but do not occupy. it on a regular basis. Raptors use it as hunting
range, for perch sites, for watering sites, and for resting areas. The following offers a
discussion of each species observed during the field reconnaissance.
Red-tailed hawks (Buteo jainaicensLs). This species is a common spring and fall migrant and
winter resident on the eastern plains occupying riparian forests, agricultural areas, and grasslands
with scattered trees (Andrews and Righter 1992). The western subspecies is the bird most likely
occurring within the project area. It is a resident throughout most of Colorado. This bird
formerly wintered in greater numbers than at present due to the decline of prairie dogs.
American Kestrels (Falco sparverius). The kestrel is a resident throughout most of Colorado and
is most numerous in migration. It is a common spring and fall migrant in western valleys, the
San Luis Valley, and on the eastern plains. It is uncommon to fairly commonin mountain parks
and uncommon in the foothills and lower mountains. This species is most often observed in
agricultural areas, grasslands, riparian forest edges, and urban areas. It is also observed in
virtually all other habitats, especially in migration.
SUMMARY
The majority of mature trees located adjacent to the actual project area will be left in place and
protected from impacts by mining and heavy equipment. The trees along the northern bluff base
may be removed as mining activities occur, but do not offer adequate habitat for the birds -of -
prey using the site now. Adjacent properties offer a consistent preybase, natural vegetation
communities, and less noise and activity disturbance to wildlife and birds -of -prey will prefer
these adjacent properties for use than the Derr Property.
REFERENCES
Andrews, R. and R. Righter. 1993. Colorado Birds. Denver Museum of Natural History,
Denver, Colorado. 442 pp.
BURROWING OWL SURVEY FOR
A PROPOSED GRAVEL PIT PROJECT AT THE DERR PROPERTY
IN WELD COUNTY, COLORADO
Prepared by:
Darcy A. Tiglas
5015 Swainsona Drive
Loveland, Colorado 80537
May 2006
BURROWING OWL SURVEY FOR
A PROPOSED GRAVEL PIT PROJECT AT THE DERR PROPERTY
IN WELD COUNTY, COLORADO
INTRODUCTION
This report outlines the methods and results of a survey conducted to determine the presence or
absence of burrowing owls at a proposed gravel pit project area at the Derr Property
p rty near
Greeley, Colorado along Balsam Avenue. Weld County proposes to mine aggregate materials
from the Derr Property. Diversified Consulting Solutions, Inc. (dcs) and its team is preparing
the baseline documents for this project, including the environmental and biological reports and
permits.
PROJECT LOCATION
This site is located on the east side of Greeley, Colorado and lies on the east side of Balsam
Avenue north of Eighth Street or Highway 263. The project area lies in the middle of Section 4
at the southwest 1.4of the northeast V/ Township 5 North, Range 65 West. The longitude is 104
degrees, 40 minutes, 6 seconds and the latitude is 40 degrees, 25 minutes, 44 seconds. The
NAD 27 UTM coordinates are Zone 13, Easting 528178 and Northing 4475206. The WGS 84
(NAD 83) UTM coordinates for the site are Zone 13, Easting 528133 and Northing 4475414.
The elevation of the project area is approximately 4,630 feet above sea level. Figure 1 presents
a vicinity map of the project area. Figure 2 presents the project area within the Greeley,
Colorado USGS quadrangle map.
PROJECT AREA DESCRIPTION
The project area is surrounded by ranch lands, pastureland, agricultural lands, and rural
residential properties. The site has been occupied by black -tailed prairie dogs for a number of
years. The last 12 years or so have seen major 'prairie dog extermination efforts on the subject
property, but surrounding lands have unchecked prairie dog populations and these small
mammals immigrated to the Derr Property frequently. Surrounding lands provide approximately
60 acres of .uninterrupted black -tailed prairie dog colony within this short -grass prairie and
altered ranchland complex. Thus, compliance with the Endangered Species Act of 1973, as
amended, is required to determine the presence or absence of the burrowing owl which is a
Candidate species. The burrowing owl favors prairie dog holes for nesting in the spring and
early summer months.
SURVEY DATE
The survey was conducted on May 2, 4, 10, and 12, 2006.
.s
5NN
re;
lga•1....Fa1P 11
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Figure 1
Vicinity Map
Derr Gravel Pit
Ju
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a
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46.551 -.
•
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st
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Figure 2
Project Area Map
Derr Gravel Pit
.•
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METHODS
The survey included a field reconnaissance of the entire project area with concentrated surveys
around prairie dog colonies associated with the adjacent property boundaries and a one-half mile
buffer. The Balsam Avenue corridor was also checked for any sign of burrowing owls as they
frequently sit on telephone wires or fence posts early in the morning. Any surrounding trees,
poles, or burrows were inspected for signs of castings (coughed -up calcium pellets) or white-
wash (guano) around the perimeter of the trees, poles, or burrows, or actual sightings of
individuals.
RESULTS
The following discussion presents the results of the survey for burrowing owls within the project
area andthose adjacent areas that may be used by the birds.
Sign. Castings and white -wash were not found underneath any branches of the mature trees
found adjacent to the project area, around telephone or fence poles, or on burrow edges within or
adjacent to the project area. White -wash was found in association with several telephone poles
along Balsam Avenue and Eighth Street but was probably produced by red-tailed hawks working
the prairie dog colony for a preybase. The castings are left as the birds tend to perch on these
poles and rest or eat their prey.
Sightings. During the field reconnaissance, several birds of prey were observed within and
adjacent to the project area. These birds included red-tailed hawks and kestrels. These birds of
prey are very common along the front range of Colorado and live here year-round. No
burrowing owls were observed during the four days of surveys. The following offers a
discussion of each species observed during the field reconnaissance.
Red-tailed hawks (Buteo jamaicensis). This species is a common spring and fall migrant and
winter resident on the eastern plains occupying riparian forests, agricultural areas, and grasslands
with scattered trees (Andrews and Righter 1992). The western subspecies is the bird most likely
occurring within the project area. It is a resident throughout most of Colorado. This bird
formerly wintered in greater numbers than at present due to the decline of prairie dogs.
American Kestrels (Falco sparverius). The kestrel is a resident throughout most of Colorado and
is most numerous in migration. It is a common spring and fall migrant in western valleys, the
San Luis Valley, and on the eastern plains. It is uncommon to fairly common in mountain parks
and uncommon in the foothills and lower mountains. This species is most often observed in
agricultural areas, grasslands, riparian forest edges, and urban areas. It is also observed in
virtually all other habitats, especially in migration.
SUMMARY
No burrowing owls were observed during the field reconnaissance surveys. Burrowing owls are
migratory and could potentially inhabit this site at some point in the future. However, burrowing
owl occupation of the site seems unlikely due to frequent activity and widespread soil disturbance
on the project site, persistent suppression of prairie dog movement and establishment onto the
project area by the landowner, and lack of natural habitat within the project area as it is covered
by weedy/disturbed habitat at present.
REFERENCES
Andrews, R. and R. Righter. 1993. Colorado Birds, Denver Museum of Natural History,
Denver, Colorado. 442 pp.
Ecological Resource Consultants, Inc.
5672 Juhls Drive'" Boulder, CO "' 80301 "' (303) 679-4820
Technical Memorandum
Date: December 20, 2017
To: J&T Consulting, Inc.
From: Diane Wright, Project Ecologist (Ecological Resource Consultants, Inc.)
David Blauch, V.P., Senior Ecologist
Re: Preliminary Environmental Screening, Derr Pit Amendment Area - Weld County, Colorado
The following Technical Memorandum summarizes the preliminary environmental screening completed
by Ecological Resource Consultants, Inc. (ERC). The site comprises approximately 96 acres and is located
to the north of Greeley in Section 4, Township 5 north Range 65 west in Weld County, Colorado
(Latitude 40.433622° north, -104.662893° west). The site is located southwest of the intersection with
Weld County Road 43 and Weld County Road 62 (East C Street) and currently comprises vacant
undeveloped agricultural land, a residential home, and two oil and gas well sites. Refer to Figure 1 for a
general Vicinity Map of the site.
This environmental screening is intended as a cursory review of existing conditions at the site and
specifically reviews the following potential environmental constraints:
• wetlands and waters of the US regulated under Section 404 of the Clean Water Act (CWA);
• threatened and endangered species and habitats regulated under the Endangered Species Act;
• wildlife regulated by Colorado Parks and Wildlife (CPW) and/or local municipalities; and
• significant mature stands of vegetation.
The findings presented herein are based upon observations of site conditions as of the date the site
reconnaissance was performed and a review of reasonably ascertainable mapping and environmental
databases.
ERC
Preliminary Environmental Screening
Derr Pit Amendment Area
RESULTS — SITE RECONNAISSANCE
ERC conducted the site reconnaissance on December 18, 2017 to identify potential wetlands/waters of
the US, potential threatened and endangered species habitat, significant mature stands of vegetation
and,/or any other potential environmental concerns within the site. The weather was clear, sunny, and
cool at approximately 40°F during the site visit. The site is predominantly comprised of hayfields,
currently planted with western wheatgrass (Pascopyrum smithii) that have been recently mowed. The
perimeter of the site and along the edges of the planted fields is comprised of herbaceous fallow lands
dominated by non-native grasses and herbaceous weeds. A residential home, detached garage, and
several relict farm structures are located within the south-central portion of the site. Around the
residential home, there are several mature eastern cottonwood (Populus deltoides) and Siberian elm
(Ulmus pumila) overstory canopy trees with an herbaceous understory of non-native grasses and weeds.
These large mature trees are the only mature stands of vegetation observed within the site.
During the site reconnaissance, one large stick nest (likely a raptor nest) was identified within a
cottonwood tree (refer to Figure 2); which did not appear to be occupied (active status is highly variable
depending on species and season). No prairie dog colonies and/or small mammal burrows were
observed on the site. A network of irrigation ditches and diversion structures exist within the site,
manly in the northeast portion along the perimeter. One irrigation ditch exists bisecting the northeast
portion of the site from north to south. All irrigation ditches/diversion structures observed within the
site were dry at the time of the site visit, and some were partially vegetated and/or filled with debris
indicating that they have not been recently used. The irrigation ditches feed into and terminate within
the center of the site.
One area in the eastern portion of the site appears to have been historically excavated and overlot
graded that is now used for storage of heavy equipment. This area is lower in elevation and essentially
devoid of vegetation, exhibiting exposed soil and gravel surface. Two oil and gas extraction wells exist
within the site; one is located within the southeast corner, and one in the northwest portion of the site.
The site is bordered to the north by Weld County Road 62 (East C Street), to the east by Weld County
Road 43, to the west partially by Balsam Street, and to the south and west by the existing Derr Pit gravel
mining operation.
Refer to Photos 1-4 below for general characteristics within the site. Figure 2 presents an overview map
of features identified within the site.
2
i4W'�'.al�nt:.�.�'1�r.�I�iR�a.%����'ar�h\�irv��.'�f.�.�':3:+1'a+�"''r^`uJ'?31'°�Ay�?a`Bl:`W�C�:��n�s''.�r`��L`��'�5��•'oRG'�_.`"`�'.^.`.+-`.....�...�. �_
Preliminary Environmental Screening
Derr Pit Amendment Area
Photo 1. Overview of the residential home and large mature
overstory trees. A raptor nest was observed in one
cottonwood tree (shown above).
T31 • •
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Photo 3. View southeast at the northeastern perimeter of the
site containing a series of upland irrigation ditches. Irrigation
ditches were partially vegetated by upland species and filled
with debris indicating no regular use.
3
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•
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s.
a,,of q ▪ » y • +tt'•tF a^�:yYD. _••„• • —N• '11 '
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Photo 2. Overview east at planted western wheatgrass used
for the agricultural production of hay which is predominant
within the site.
'•y 4','7� ••••?.? Nt`i.�j'(sr• i�:•M14Mo '�v�.
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tt.
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is rtA• 4 siff>rt`• - i'f � k>
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'CIS a
Photo 4. View south across the eastern portion of the site that
has been historically excavated, overlot graded, and is now
devoid of vegetation. This area appears to be currently used to
store heavy equipment.
ERC
Preliminary Environmental Screening
Derr Pit Amendment Area
•'...T:x ". . S-.ASrMPAitZM3.7"CVa ✓ate: S)..fit *±r'n.W ' sr?..r.f.. .v++`^,Acla: `a'SMaA `g` r„V '.- Cr Slanneewn °'�i%, �:.6 TA ..7ih'�4. 1
RESULTS - DESKTOP EVALUATION
The results of the desktop evaluation are summarized below in Table 1.
Table 1. Summary of Desktop Evaluation Results.
. rift"
Database/Mapping
Reviewed
Screening
Results
Potential
Environmental
Concern
(Y/N)
Inventory
US
Service
National
Shapefiles
Fish
and
(USFWS)
Wetland
(NWI)
Wildlife
No
wetlands
or waters are mapped
on
the
site.
N
US
Engineers
404
Army Corps
(USACE)
CWA
ps of
Several
features
within
not
by
dry
uplands
regulated
p
are
irrigation
man-made,
on
by
the
the
ditches
site
USACE
constructed
therefore
are
under
located
the
from
CWA
within
uplands
irrigation
g
Section
the
ditches
site.
and
404.
These
terminate
would
N
Colorado
Natural
Site
is not
identified
as a
Potential
Conservation
Area (PCA).
Heritage
(CNHP)
Shapefiles
Program
N
US
Fish
and
Wildlife
Site
is not mapped
as critical
habitat
for
any federal
listed
species.
Service
Critical
Shapefiles
(USFWS)
Habitat
N
Colorado
Society
Archaeology
Historic
-
Historical
Office
of
and
The
eligible
http://gis.co.gov/compass/
database
searched
historic or cultural
did
resources
not identify
within
any
listed
the
site.
or
potentially
Preservation
(OAHP)
Compass:
N
Colorado's
Cultural
Data
base
On-line
Resource
3 soil
types
occur within
the
site:
1)
Altvan
loam, 0 to 1
percent
slopes
(Hydric)
2) Aquolls
and
Aquents,
gravelly
substratum
(Hydric)
Natural
Resources
3) Ascalon
loam, 0 to
1
percent slopes
(Non-Hydric)
Conservation
Service (NRCS)
Soil
4)
5)
Colby
Dacono
loam,
clay
0
loam,
to 1
percent
0 to 1
slopes
percent
(Non-Hydric)
slopes
(Non-Hydric)
N
Survey Shapefiles
6)
Dacono clay
loam, 1
to 3
percent
slopes
(Non-Hydric)
and
Database
7)
Kim loam,
1 to
3
percent slopes
(Non-Hydric)
8) Ustic
Torriorthents,
moderately
steep
(Non-Hydric)
9) Weld
loam,
0
to 1
percent
slopes
(Non-Hydric)
https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx
4
ERC
Preliminary Environmental Screening
Derr Pit Amendment Area
vA;- .t t. i •TA'MWA4t'cS'.ShEi�'+iAs:*7 -' '.... _. . . � .�,. �8.wZa.? .a�'S L .r 7-waYnY*`Gs1'm'+.w'u`esz.:. .' "'s,zw-- a"•msf, AS^w3$42-oes 1=SZIliZa °" f ..�LtC`."11=H"'"
teatemispontr;to
Database/Mapping
Reviewed
Screening
Results
!
Potential
Environmental
Concern
(Y/N)
Colorado
Parks
and
The
following
species
are located
within
range of
the
site:
N
Wildlife
(CPW)
•
Bald
Eagle
Winter
Range
Species
Activity
•
Black
-tailed
Prairie
Dog Overall
Range
Mapping
(SAM)
• Canada
Geese Overall
Range
Shapefiles
• Greater
Prairie Chicken
•
Mule
Deer Overall
Range
•
Preble's
meadow
jumping
mouse
•
Ring-necked
Pheasant
• White-tailed
Deer Overall
Range
No
No
migration
bald
eagle
corridors
or other
are
CPW
mapped
raptor
within
nest
buffer
the
site.
zones are mapped
within
site.
The
species
(above)
identified
'within
range' are not
listed
as
threatened/endangered
or otherwise
regulated
by
the CPW.
Preble's
Meadow
The
site
is mapped
by the
USFWS
as Overall
Range
however no
Jumping
Mouse
habitat
is
present
on
the site.
N
(PMJM)
USFWS
Shapefiles
Google
Earth
The
site appears
to
be in agricultural
production
with
one
Imagery
Review
residential
farm
home depicted
in the
southern
portion
of
the
site
N
(1993-2015)
and
two oil
and
gas
production
wells
on the
northern
portion of
the
site.
US
Geological
Four
features are depicted
on the
site
in the
vicinity of
the
Survey (USGS)
agricultural
farm
house.
Topographic
Map
N
(Eastlake
7.5
Minute
Quad)
• Results of the desktop screening did not identify any potential environmental concerns within
the site.
5
Preliminary Environmental Screening
Derr Pit Amendment Area
ain'.i1 aSSu ils,:.o:.'.: Y:RWSfs a ree a raVA ,,lyWS,,,2"tPNS!2�Y"`.,. aW`X?"."l.tr.to:4..Y C.K�l.'C a'�`A"?. ' "a , X.'r a aa
SUMMARY
Based upon literature review and field evaluation within the site, ERC has identified the following key
items:
1) Migratory birds likely utilize the site. These birds are protected under the MBTA, and killing or
possession of these birds is prohibited. Future land use changes that may occur within the site which
remove the more permanent (non -crop) vegetation should first ensure that active nests are not
disturbed. Generally, the active nesting season for most migratory birds in this region of Colorado
occurs between April 1 and August 31.
2) In addition, one inactive stick nest (raptor nest) was observed within the site. Active raptor nest sites
are further protected by the CPW and USFWS. The CPW has established recommended buffer zones
for the active raptor nests which can include seasonal restriction to human encroachment within
1/3 mile radius of active nests from February 15 through July 15. Consultation with the CPW and
USFWS Ecological Services Office would be necessary if activities were to occur between February
15 and July 15 and were within 1/3 mile of the nest if it becomes active. No consultation would be
required for activities outside of the 1/3 mile buffer or if the nest is inactive. A clearance survey can
be conducted prior to any land disturbance activity within 1/3 mile of the nest to verify the nest site
is potentially active between February 15 and July 15.
3) Several dry irrigation ditches are located within the site. These features are man-made, constructed
from uplands and terminate within uplands on the site therefore the irrigation ditches would not by
regulated by the USACE under CWA Section 404.
4) This screening did not identify any obvious potential environmental constraints that would preclude
or limit future site development.
5) Formal clearances of environmental conditions could be obtained from local agencies with further
more detailed evaluations.
6
ERC
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Prepared By:
ERC
5672 Juhls Drive
Boulder, CO 80301
(303) 679-4820
ERG It: 420-1708
FIGURE 2.
SITE MAP
Preliminary Environmental Screening
Derr Pit Amendment Area
DERR PIT AMENDMENT AREA
WELD COUNTY, COLORADO
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O
I _
400
I _
ROD
Feet
I
7
EXHIBIT I
Soils Information
According to the Soil Survey of Weld County, Colorado, Southern Part (United States
Department of Agriculture, Natural Resource Conservation Service, Web Soil Survey
1.1 National Cooperative Soil Survey), there are three major soil types within the
proposed project site:
1. Aquolls and Aquents, gravelly substratum
2. Ustic Torriorthents, moderately steep
3. Bankard Sandy Loam, 0 to 3 percent slopes
The location of these soil types is illustrated on the following attached map.
Aquolls and Aquents, gravelly substratum
This map unit is typically on bottom lands and flood plains of major streams. Aquolls
make up about 60% of the unit and are dark colored at the surface. Aquents have a
lighter color surface layer and make up 35% of the unit. The other 5% is Aquepts and
Bankard sandy loam.
The soils of this land type are deep, poorly drained soils that formed in recent alluvium.
The water table is at or near the surface early in spring and recedes to as deep as 48
inches in the fall in certain years. These soils are used for rangeland and wildlife habitat.
Some areas have been reclaimed by major drainage and leveling and are used for
irrigated crops. These soils have good potential as a source of sand and gravel.
The potential native vegetation is alkali sacaton, switchgrass, and western wheatgrass.
Saltgrass, sedge, rush, and alkali bluegrass are also prominent. As range condition
deteriorates the saltgrass, sedge, and rush increase.
Ustic Torriorthents, moderately steep
These are deep and excessively drained soils on terrace breaks and escarpments at
elevations of 4,450 to 5,100 feet. The soil formed in gravelly alluvium with slopes of 9 to
25 percent. The surface of the soil is pale brown gravelly sand about ten inches thick.
The underlying material is pale brown gravelly sand to a depth of 60 inches.
The permeability of the soil is rapid and the available water capacity is low. Surface
runoff is medium and the erosion hazard is moderate.
The potential native vegetation is little bluestem, sideoats grama, sand reedgrass, blue
grama, hairy grama, switchgrass, and needleandthread. Deteriorated range conditions
allow the tall and mid grasses decrease. Blue grama and hairy grama will increase in
deteriorating conditions.
J&T Consulting, Inc.
Derr Pit Project
DRMS 112 Permit Amendment
Bankard Sandy Loam, 0 to 3 percent
This is a deep and excessively drained soil on floodplains at elevations of 4,450 to
5,000 feet. The soil formed in stratified recent alluvium along streams and rivers. The
surface layer of this soil is brown sandy loam about four inches thick. The underlying
material is pale brown calcareous sand stratified with thin lenses of sandy loam, loam
and fine gravel to a depth of 60 inches.
The permeability of this soil type is moderately rapid and available water capacity is low.
Surface runoff is low and the erosion hazard is low.
The potential native vegetation is switchgrass, indiangrass, sand bluestem, sand
reedgrass, sideoats gramma, needleandthread, and blue grama. As range conditions
deteriorate the tall and mid grasses decrease and blue grama, sand dropseed, and
forbs increase. Undesirable weeds and annuals invade when conditions become
poorer. This soil is generally not suited for the growing and growth of trees and shrubs.
J&T Consulting, Inc.
Den- Pit Project
DRMS 112 Permit Amendment
Conservation Service
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8
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104° 40' 17" W
104° 39' 19" W
Soil Map —Weld County, Colorado, Southern Part
MAP LEGEND MAP INFORMATION
Area of Interest (AOI)
Area of Interest (AO')
Soils
+rw
•
Soil Map Unit Polygons
Soil Map Unit Lines
Soil Map Unit Points
Special Point Features
to Blowout
Borrow Pit
Clay Spot
Closed Depression
Gravel Pit
Gravelly Spot
Landfill
Lava Flow
Marsh or swamp
Mine or Quarry
Miscellaneous Water
Perennial Water
Rock Outcrop
Saline Spot
Sandy Spot
Severely Eroded Spot
Sinkhole
Slide or Slip
Sodic Spot
• Spoil Area
a Stony Spot
Very Stony Spot
I Wet Spot
Other
�. Special Line Features
Water Features
Streams and Canals
Transportation
}}{ Rails
,.y Interstate Highways
yowl
US Routes
Major Roads
Local Roads
Background
Aerial Photography
The soil surveys that comprise your AOI were mapped at
1:24,000.
Warning: Soil Map may not be valid at this scale.
Enlargement of maps beyond the scale of mapping can cause
misunderstanding of the detail of mapping and accuracy of soil
line placement. The maps do not show the small areas of
contrasting soils that could have been shown at a more detailed
scale.
Please rely on the bar scale on each map sheet for map
measurements.
Source of Map: Natural Resources Conservation Service
Web Soil Survey URL:
Coordinate System: Web Mercator (EPSG:3857)
Maps from the Web Soil Survey are based on the Web Mercator
projection, which preserves direction and shape but distorts
distance and area. A projection that preserves area, such as the
Albers equal-area conic projection, should be used if more
accurate calculations of distance or area are required.
This product is generated from the USDA-NRCS certified data as
of the version date(s) listed below.
Soil Survey Area: Weld County, Colorado, Southern Part
Survey Area Data: Version 16, Oct 10, 2017
Soil map units are labeled (as space allows) for map scales
1:50,000 or larger.
Date(s) aerial images were photographed: Jul 17, 2015 —Sep
22, 2016
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor
shifting of map unit boundaries may be evident.
gialNatural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
2/7/2018
Page 2 of 3
Soil Map —Weld County, Colorado, Southern Part
Map Unit Legend
Map Unit Symbol
Map Unit Name
Acres in AOl
Percent of.AOl
1
Altvan loam, 0 to 1 percent
slopes
8.9
5.9%
3
Aquolls and Aquents, gravelly
substratum
25.2
16.8%
8
Ascalon loam, 0 to 1 percent
slopes
25.5
17.0%
10
Bankard sandy loam, 0 to 3
percent slopes, frequently
flooded
7.4
4.9%
14
Colby loam, 0 to 1 percent
slopes
8.0
5.3%
21
Dacono clay loam, 0 to 1
percent slopes
1.2
0.8%
22
Dacono clay loom, 1 to 3
percent slopes
6.0
40%
32
Kim loam, 1 to 3 percent
slopes
36.3
24.1%
68
Ustic Tornorthents, moderately
steep
24.4
16.2%
78
Weld loam, 0 to 1 percent
slopes
7.3
4.9%
Totals for Area of Interest
150.3
100.0%
t15pq Natural Resources Web Soil Survey
Conservation Service National Cooperative Soil Survey
2/7/2018
Page 3 of 3
Component Text Descriptions --Weld County, Colorado, Southern Part
Component Text Descriptions
The map units delineated on the detailed soil maps in a soil survey represent the
soils or miscellaneous areas in the selected area. The component descriptions in
this report, along with the maps, can be used to determine the composition and
properties of a unit. A map unit delineation on a soil map represents an area
dominated by one or more major kinds of soil or miscellaneous areas. A map unit
is identified and named according to the taxonomic classification of the
associated soils. Within a taxonomic class there are precisely defined limits for
the properties of the soils. On the landscape, however, the soils are natural
phenomena, and they have the characteristic variability of all natural phenomena.
Thus, the range of some observed properties may extend beyond the limits
defined for a taxonomic class. Areas of soils of a single taxonomic class rarely, if
ever, can be mapped without including areas of other taxonomic classes.
Consequently, every map unit is made up of the soils or miscellaneous areas
(components) for which it is named and some minor components that belong to
taxonomic classes other than those of the major soils.
The "Map Unit Component Nontechnical Descriptions" report gives a brief,
general description of the soil components that occur in a map unit. Descriptions
of nonsoil (miscellaneous areas) and minor map unit components may or may
not be included. This description is written by the local soil scientists responsible
for the respective soil survey area data. A more detailed description can be
generated by the "Map Unit Description" report.
Additional information about the map units described in this report is available in
other Soil Data Mart reports, which give properties of the soils and the limitations,
capabilities, and potentials for many uses. Also, the narratives that accompany
the Soil Data Mart reports define some of the properties included in the map unit
descriptions.
Report —Component Text Descriptions
Weld County, Colorado, Southern Part
Map Unit: 1—Altvan loam, 0 to 1 percent slopes
Description Category: GENSOIL
Altvan: 90 percent
MA Natural Resources Web Soil Survey
Conservation Service National Cooperative Soil Survey.
2/7/2018
Page 1 of 12
Component Text Descriptions --Weld County, Colorado, Southern Part
The Altvan component makes up 90 percent of the map unit. Slopes are 0 to 1
percent. This component is on terraces. The parent material consists of old
alluvium. Depth to a root restrictive layer is greater than 60 inches. The natural
drainage class is well drained. Water movement in the most restrictive layer is
moderately high. Available water to a depth of 60 inches (or restricted depth) is
low. Shrink -swell potential is low. This soil is not flooded. It is not ponded. There
is no zone of water saturation within a depth of 72 inches. Organic matter content
in the surface horizon is about 2 percent. This component is in the
R067BY002CO Loamy Plains ecological site. Nonirrigated land capability
classification is 4e. Irrigated land capability classification is 3s. This soil does not
meet hydric criteria. The calcium carbonate equivalent within 40 inches, typically,
does not exceed 3 percent
Description Category: GENSOIL
Cascajo: 9 percent
Generated brief soil descriptions are created for major soil components. The
Cascajo soil is a minor component.
Description Category: GENSOIL
Aquic haplustolls: 1 percent
Generated brief soil descriptions are created for major soil components. The
Aquic Haplustolls soil is a minor component.
Map Unit: 3—Aquolls and Aquents, gravelly substratum
Description Category: GENSOIL
Aquolls: 55 percent
The Aquolls component makes up 55 percent of the map unit. Slopes are 0 to 3
percent. This component is on flood plains, swales, major streams. The parent
material consists of recent alluvium. Depth to a root restrictive layer is greater
than 60 inches. The natural drainage class is poorly drained. Water movement in
the most restrictive layer is moderately high. Available water to a depth of 60
inches (or restricted depth) is moderate. Shrink -swell potential is low. This soil is
frequently flooded. It is not ponded. A seasonal zone of water saturation is at 27
inches during March, April, May, June, July. Organic matter content in the surface
horizon is about 2 percent. This component is in the R067BY035CO Salt
Meadow ecological site. Nonirrigated land capability classification is 6w. This soil
meets hydric criteria. There are no saline horizons within 30 inches of the soil
surface.
Description Category: GENSOIL
Aquents, gravelly substratum: 30 percent
gitNatural Resources Web Soil Survey
Conservation Service National Cooperative Soil Survey
2/7/2018
Page 2 of 12
Component Text Descriptions ---Weld County, Colorado, Southern Part
The Aquents, gravelly substratum component makes up 30 percent of the map
unit. Slopes are 0 to 3 percent. This component is on stream terraces. The
parent material consists of recent alluvium. Depth to a root restrictive layer is
greater than 60 inches. The natural drainage class is poorly drained. Water
movement in the most restrictive layer is moderately high. Available water to a
depth of 60 inches (or restricted depth) is moderate. Shrink -swell potential is low.
This soil is frequently flooded. It is not ponded. A seasonal zone of water
saturation is at 15 inches during March, April, May, June, July, August,
September. Organic matter content in the surface horizon is about 1 percent.
This component is in the R067BY035CO Salt Meadow ecological site.
Nonirrigated land capability classification is 6w. Irrigated land capability
classification is 6w. This soil meets hydric criteria. The calcium carbonate
equivalent within 40 inches, typically, does not exceed 5 percent. The soil has a
very slightly saline horizon within 30 inches of the soil surface.
Description Category: GENSOIL
Bankard: 10 percent
Generated brief soil descriptions are created for major soil components. The
Bankard soil is a minor component.
Description Category: GENSOIL
Ustic torrifluvents: 5 percent
Generated brief soil descriptions are created for major soil components. The
Ustic Torrifluvents soil is a minor component.
Map Unit: 8 —Ascalon loan, 0 to 1 percent slopes
Description Category: GENSOIL
Ascalon: 85 percent
The Ascalon component makes up 85 percent of the map unit. Slopes are 0 to 1
percent. This component is on terraces, river valleys. The parent material
consists of wind -reworked alluvium and/or calcareous sandy eolian deposits.
Depth to a root restrictive layer is greater than 60 inches. The natural drainage
class is well drained. Water movement in the most restrictive layer is moderately
high. Available water to a depth of 60 inches (or restricted depth) is moderate.
Shrink -swell potential is low. This soil is not flooded. It is not ponded. There is no
zone of water saturation within a depth of 72 inches. Organic matter content in
the surface horizon is about 2 percent. This component is in the R067BY002CO
Loamy Plains ecological see. Nonirrigated land capability classification is 4c.
Irrigated land capability classification is 3e. This soil does not meet hydric criteria.
The calcium carbonate equivalent within 40 inches, typically, does not exceed 8
percent. There are no saline horizons within 30 inches of the soil surface.
Description Category: GENSOIL
Olnest: 10 percent
vaNatural Resources Web Soil Survey
Conservation Service National Cooperative Soil Survey
2/7/2018
Page 3 of 12
Component Text Descriptions --Weld County, Colorado, Southern Part
Generated brief soil descriptions are created for major soil components. The
Olnest soil is a minor component.
Description Category: GENSOIL
Nunn: 5 percent
Generated brief soil descriptions are created for major soil components. The
Nunn soil is a minor component.
Map Unit: 10-Bankard sandy loam, 0 to 3 percent slopes, frequently flooded
Description Category:
Bankard, frequently flooded: 80 percent
Edits made in this map unik in the component tables in May 2017 requested by
RO5 (John Warner, Tom Cochran, Chris Tecklenburg, and David Kraft). Changed
the ESD in the Component Ecological Site table to fit the ESD and MLRA
assigned by RO5. Required changes sent to me in a spread sheet from John
Warner and Tom Cochran, 5/11/2017. Changed the entries in the Component
Existing Plants table. RO5 procedure change of removing plants from the
Component Existing Plants table. Populate grass, forbs, shrubs, trees and
percentages from the most recent version of the assigned ESD. Species are not
populated anymore in the nasis soil survey tables as of 5/11/2017 (Chris
Tecklenburg). Changed the Range Production values for the component. These
values come from the most recent version of the assigned ESD. Re -calculated
the Generated Brief Description.
Description Category: GENSOIL
Bankard, frequently flooded: 80 percent
The Bankard, frequently flooded component makes up 80 percent of the map
unit. Slopes are 0 to 3 percent. This component is on flood plains on river valleys.
The parent material consists of sandy alluvium. Depth to a root restrictive layer is
greater than 60 inches. The natural drainage class is somewhat excessively
drained. Water movement in the most restrictive layer is high. Available water to
a depth of 60 inches (or restricted depth) is low. Shrink -swell potential is low. This
soil is frequently flooded. It is not ponded. There is no zone of water saturation
within a depth of 72 inches. Organic matter content in the surface horizon is
about 1 percent. This component is in the R067BY031 CO Sandy Bottomland
ecological site. Nonirrigated land capability classification is 6s. Irrigated land
capability classification is 6s. This soil does not meet hydric criteria. The calcium
carbonate equivalent within 40 inches, typically, does not exceed 5 percent.
There are no saline horizons within 30 inches of the soil surface.
Description Category:
Glenberg, rarely flooded: 8 percent
usDA Natural Resources Web Soil Survey
Conservation Service National Cooperative Soil Survey
2/7/2018
Page 4 of 12
Component Text Descriptions ---Weld County, Colorado, Southern Part
Edits made in this map unit in the component tables in May 2017 requested by
RO5 (John Warner, Tom Cochran, Chris Tecklenburg, and David Kraft). Changed
the ESD in the Component Ecological Site table to fit the ESD and MLRA
assigned by RO5. Required changes sent to me in a spread sheet from John
Warner and Tom Cochran, 5/11/2017. Changed the entries in the Component
Existing Plants table. RO5 procedure change of removing plants from the
Component Existing Plants table. Populate grass, forbs, shrubs, trees and
percentages from the most recent version of the assigned ESD. Species are not
populated anymore in the nasis soil survey tables as of 5/11/2017 (Chris
Tecklenburg). Changed the Range Production values for the component. These
values come from the most recent version of the assigned ESD. Re -calculated
the Generated Brief Description.
Description Category: GENSOIL
Glenberg, rarely flooded: 8 percent
Generated brief soil descriptions are created for major soil components. The
Glenberg, rarely flooded soil is a minor component.
Description Category:
Aida, frequently flooded: 5 percent
Edits made in this map unit in the component tables in May 2017 requested by
RO5 (John Warner, Tom Cochran, Chris Tecklenburg, and David Kraft). Changed
the ESD in the Component Ecological Site table to fit the ESD and MLRA
assigned by RO5. Required changes sent to me in a spread sheet from John
Warner and Tom Cochran, 5/11/2017. Changed the entries in the Component
Existing Plants table. RO5 procedure change of removing plants from the
Component Existing Plants table. Populate grass, forbs, shrubs, trees and
percentages from the most recent version of the assigned ESD. Species are not
populated anymore in the nasis soil survey tables as of 5/11/2017 (Chris
Tecklenburg). Changed the Range Production values for the component. These
values come from the most recent version of the assigned ESD. Re -calculated
the Generated Brief Description.
Description Category:
Kitcarson, frequently flooded: 5 percent
Edits made in this map unit in the component tables in May 2017 requested by
RO5 (John Warner, Tom Cochran, Chris Tecklenburg, and David Kraft). Changed
the ESD in the Component Ecological Site table to fit the ESD and MLRA
assigned by RO5. Required changes sent to me in a spread sheet from John
Warner and Tom Cochran, 5/11/2017. Changed the entries in the Component
Existing Plants table. RO5 procedure change of removing plants from the
Component Existing Plants table. Populate grass, forbs, shrubs, trees and
percentages from the most recent version of the assigned ESD. Species are not
populated anymore in the nasis soil survey tables as of 5/11/2017 (Chris
Tecklenburg). Changed the Range Production values for the component. These
values come from the most recent version of the assigned ESD. Re -calculated
the Generated Brief Description.
USDA Natural Resources Web Soil Survey
Conservation Service National Cooperative Soil Survey
2/7/2018
Page 5 of 12
Component Text Descriptions ---Weld County, Colorado, Southern Part
Description Category: GENSOIL
Kitcarson, frequently flooded: 5 percent
Generated brief soil descriptions are created for major soil components. The
Kitcarson, frequently flooded soil is a minor component.
Description Category: GENSOIL
Alda, frequently flooded: 5 percent
Generated brief soil descriptions are created for major soil components. The
Alda, frequently flooded sail is a minor component.
Description Category:
Las animas, frequently flooded: 2 percent
Edits made in this map unit in the component tables in May 2017 requested by
RO5 (John Warner, Tom Cochran, Chris Tecklenburg, and David Kraft). Changed
the ESD in the Component Ecological Site table to fit the ESD and MLRA
assigned by RO5. Required changes sent to me in a spread sheet from John
Warner and Tom Cochran, 5/11/2017. Changed the entries in the Component
Existing Plants table. RO5 procedure change of removing plants from the
Component Existing Plants table. Populate grass, forbs, shrubs, trees and
percentages from the most recent version of the assigned ESD. Species are not
populated anymore in the oasis soil survey tables as of 5/11/2017 (Chris
Tecklenburg). Changed the Range Production values for the component. These
values come from the most recent version of the assigned ESD. Re -calculated
the Generated Brief Descrjtion.
Description Category:
Las animas, frequently flooded: 2 percent
This component's Ecological Site Description (ESD) was reassigned from Salt
Meadow (R072xy035co) to Saline Subirrigated (R072xy102ks) during FY 2017
because the Ecological Site Descriptions for MLRA 72 were revised to the,
approved level. All previous ESDs were replaced by one of the new approved
ESDs. Changes were made to the Component Ecological Site table, the
Component Existing Plants table, the Range Production values, and the
Generated Brief Description.
Description Category: GENSOIL
Las animas, frequently flooded: 2 percent
Generated brief soil descriptions are created for major soil components. The Las
Animas, frequently flooded soil is a minor component.
Map Unit: 14 —Colby loam, 0 to 1 percent slopes
Description Category: GENSOIL
us Natural Resources Web Soil Survey
Conservation Service National Cooperative Soil Survey
2/7/2018
Page 6 of 12
Component Text Descriptions ---Weld County, Colorado, Southern Part
Colby: 85 percent
The Colby component makes up 85 percent of the map unit. Slopes are 0 to 1
percent. This component is on uplands. The parent material consists of
calcareous eolian deposits. Depth to a root restrictive layer is greater than 60
inches. The natural drainage class is well drained. Water movement in the most
restrictive layer is moderately high. Available water to a depth of 60 inches (or
restricted depth) is high. Shrink -swell potential is low. This soil is not flooded. It is
not ponded. There is no zone of water saturation within a depth of 72 inches.
Organic matter content in the surface horizon is about 1 percent. This component
is in the R067BY002CO Loamy Plains ecological site. Nonirrigated land
capability classification is 4c. Irrigated land capability classification is 3e. This soil
does not meet hydric criteria. The calcium carbonate equivalent within 40 inches,
typically, does not exceed 10 percent.
Description. Category: GENSOIL
Wiley: 6 percent
Generated brief soil descriptions are created for major soil components. The
Wiley soil is a minor component.
Description Category: GENSOIL
Keith: 5 percent
Generated brief soil descriptions are created for major soil components. The
Keith soil is a minor component.
Description Category: GENSOIL
Weld: 4 percent
Generated brief soil descriptions are created for major soil components. The
Weld soil is a minor component.
Map Unit: 21--Dacono clay loam, 0 to 1 percent slopes
Description Category: GENSOIL
Dacono: 85 percent
USDA Natural Resources Web Soil Survey
MN Conservation Service National Cooperative Soil Survey
2/7/2018
Page 7 of 12
Component Text Descriptions --Weld County, Colorado, Southern Part
The Dacono component makes up 85 percent of the map unit. Slopes are 0 to 1
percent. This component is on terraces. The parent material consists of mixed
alluvium. Depth to a root restrictive layer is greater than 60 inches. The natural
drainage class is well drained. Water movement in the most restrictive layer is
moderately high. Available water to a depth of 60 inches (or restricted depth) is
moderate. Shrink -swell potential is moderate. This soil is not flooded. It is not
ponded. There is no zone of water saturation within a depth of 72 inches.
Organic matter content in the surface horizon is about 3 percent. This component
is in the R067BY042CO Clayey Plains ecological site. Nonirrigated land
capability classification is 3s. Irrigated land capability classification is 2s. This soil
does not meet hydric criteria. The calcium carbonate equivalent within 40 inches,
typically, does not exceed 10 percent. There are no saline horizons within 30
inches of the soil surface.
Description Category: GENSOIL
Nunn: 5 percent
Generated brief soil descriptions are created for major soil components. The
Nunn soil is a minor component.
Description Category: GENSOIL
Heldt: 5 percent
Generated brief soil descriptions are created for major r soil components. The
Heldt soil is a minor component.
Description Category: GENSOIL
Altvan: 5 percent
Generated brief soil descriptions are created for major soil components. The
Altvan soil is a minor component.
Map Unit: 22—Dacono clay loam, 1 to 3 percent slopes
Description Category: GENSOIL
Dacono: 85 percent
USDA
INN
Natural Resources
Conservation Service
Web Soil Survey.
National Cooperative Soil Survey
2/7/2018
Page 8 of 12
Component Text Descriptions ---Weld County, Colorado, Southern Part
The Dacono component snakes up 85 percent of the map unit. Slopes are 1 to 3
percent. This component is on terraces. The parent material consists of mixed
alluvium. Depth to a root restrictive layer is greater than 60 inches. The natural
drainage class is well drained. Water movement in the most restrictive layer is
moderately high. Available water to a depth of 60 inches (or restricted depth) is
moderate. Shrink -swell potential is moderate. This soil is not flooded. It is not
ponded. There is no zone of water saturation within a depth of 72 inches.
Organic matter content in the surface horizon is about 3 percent. This component
is in the R067BY042CO Clayey Plains ecological site. Nonirrigated land
capability classification is 3s. Irrigated land capability classification is 2e. This soil
does not meet hydric criteria. The calcium carbonate equivalent within 40 inches,
typically, does not exceed 10 percent. There are no saline horizons within 30
inches of the soil surface.
Description Category: GENSOIL
Altvan: 9 percent
Generated brief soil descriptions are created for r major soil components. The
Altvan soil is a minor component.
Description Category: GENSOIL
Nunn: 6 percent
Generated brief soil descriptions are created for major soil components. The
Nunn soil is a minor component.
Map Unit: 32 —Kim loam, 1 to 3 percent slopes
Description Category: GENSOIL
Kim: 90 percent
The Kim component makes up 90 percent of the map unit. Slopes are 1 to 3
percent. This component is on alluvial fans, smooth plains. The parent material
consists of mixed eolian deposits derived from sedimentary rock. Depth to a root
restrictive layer is greater than 60 inches. The natural drainage class is well
drained. Water movement in the most restrictive layer is moderately high.
Available water to a depth of 60 inches (or restricted depth) is moderate. Shrink-
swell potential is low, This soil is not flooded. It is not ponded. There is no zone of
water saturation within a depth of 72 inches. Organic matter content in the
surface horizon is about 1 percent. This component is in the R067BY002CO
Loamy Plains ecological site. Nonirrigated land capability classification is 4e.
Irrigated land capability classification is 3e. This soil does not meet hydric criteria.
The calcium carbonate equivalent within 40 inches, typically, does not exceed 10
percent.
Description Category: GENSOIL
Otero: 10 percent
USDA Natural Resources Web Soil Survey
Conservation Service National Cooperative Soil Survey
2/7/2018
Page 9 of 12
Component Text Descriptions --Weld County, Colorado, Southern Part
Generated brief soil descriptions are created for major soil components. The
Otero soil is a minor component.
Map Unit: 68—Ustic Torriorthents, moderately steep
Description Category: GENSOIL
Ustic torriorthents: 85 percent
The Ustic Torriorthents component makes up 85 percent of the map unit. Slopes
are 9 to 15 percent. This component is on terrace breaks, escarpments. The
parent material consists of gravelly alluvium. Depth to a root restrictive layer is
greater than 60 inches. The natural drainage class is excessively drained. Water
movement in the most restrictive layer is high. Available water to a depth of 60
inches (or restricted depth) is very low. Shrink -swell potential is low. This soil is
not flooded. It is not ponded. There is no zone of water saturation within a depth
of 72 inches. Organic matter content in the surface horizon is about 1 percent.
Nonirrigated land capability classification is 7s. This soil does not meet hydric
criteria. The calcium carbonate equivalent within 40 inches, typically, does not
exceed 3 percent. There are no saline horizons within 30 inches of the soil
surface.
Description Category: GENSOIL
Columbo; 10 percent
Generated brief soil descriptions are created for major soil components. The
Columbo soil is a minor component.
Description Category: GENSOIL
Eckley: 3 percent
Generated brief soil descriptions are created for major soil components. The
Eckley soil is a minor component.
Description Category: GENSOIL
Otero: 2 percent
Generated brief soil descriptions are created for major soil components. The
Otero soil is a minor component.
Map Unit: 78 —Weld loam, 0 to 1 percent slopes
Description Category: GENSOIL
Weld: 80 percent
gaNatural Resources Web Soil Survey
Conservation Service National Cooperative Soil Survey
2/7/2018
Page 10 of 12
Component Text Descriptions ---Weld County, Colorado, Southern Part
The Weld component makes up 80 percent of the map unit. Slopes are 0 to 1
percent. This component is on broad to narrow, flat interfluves on dissected
plains. The parent material consists of calcareous loess. Depth to a root
restrictive layer is greater than 60 inches. The natural drainage class is well
drained. Water movement in the most restrictive layer is moderately low.
Available water to a depth of 60 inches (or restricted depth) is high. Shrink -swell
potential is low. This soil is not flooded. It is not ponded. There is no zone of
water saturation within a depth of 72 inches. Organic matter content in the
surface horizon is about 2 percent. This component is in the R067BY002CO
Loamy Plains ecological site. Nonirrigated land capability classification is 3c.
Irrigated land capability classification is 2c. This soil does not meet hydric criteria.
The calcium carbonate equivalent within 40 inches, typically, does not exceed 10
percent. There are no saline horizons within 30 inches of the soil surface.
Description Category: GENSOIL
Colby: 8 percent
The Colby component makes up 8 percent of the map unit. Slopes are 0 to 1
percent. This component is on gentle hillslopes on dissected plains. The parent
material consists of calcareous loess. Depth to a root restrictive layer is greater
than 60 inches. The natural drainage class is well drained. Water movement in
the most restrictive layer is moderately high. Available water to a depth of 60
inches (or restricted depth) is high. Shrink -swell potential is low. This soil is not
flooded. It is not ponded. There is no zone of water saturation within a depth of
72 inches. Organic matter content in the surface horizon is about 1 percent. This
component is in the R067BY002CO Loamy Plains ecological site. Nonirrigated
land capability classification is 3e. Irrigated land capability classification is 3c.
This soil does not meet hydric criteria. The calcium carbonate equivalent within
40 inches, typically, does not exceed 9 percent. There are no saline horizons
within 30 inches of the soil surface.
Description Category: GENSOIL
Wiley: 7 percent
The Wiley component makes up 7 percent of the map unit. Slopes are 0 to 1
percent. This component is on interfluves on dissected plains. The parent
material consists of calcareous loess. Depth to a root restrictive layer is greater
than 60 inches. The natural drainage class is well drained. Water movement in
the most restrictive layer is moderately high. Available water to a depth of 60
inches (or restricted depth) is very high. Shrink -swell potential is low. This soil is
not flooded. It is not ponded. There is no zone of water saturation within a depth
of 72 inches. Organic matter content in the surface horizon is about 2 percent.
This component is in the.R067BY002CO Loamy Plains ecological site.
Nonirrigated land capability classification is 3c. Irrigated land capability
classification is 2c. This soil does not meet hydric criteria. The calcium carbonate
equivalent within 40 inches, typically, does not exceed 8 percent. There are no
saline horizons within 30 inches of the soil surface.
Description Category: GENSOIL
Keith: 3 percent
ggiA Natural Resources Web Soil Survey
Conservation Service National Cooperative Soil Survey
2/7/2018
Page 11 of 12
Component Text Descriptions --Weld County, Colorado, Southem Part
The Keith component makes up 3 percent of the map unit. Slopes are 0 to 1
percent. This component is on broad to narrow, flat interfluves on dissected
plains. The parent material consists of calcareous loess. Depth to a root
restrictive layer is greater than 60 inches. The natural drainage class is well
drained. Water movement in the most restrictive layer is moderately high.
Available water to a depth of 60 inches (or restricted depth) is high. Shrink -swell
potential is low. This soil is not flooded. It is not ponded. There is no zone of
water saturation within a depth of 72 inches. Organic matter content in the
surface horizon is about 2 percent. This component is in the R067BY002CO
Loamy Plains ecological site. Nonirrigated land capability classification is 3c.
Irrigated land capability classification is 2c. This soil does not meet hydric criteria.
The calcium carbonate equivalent within 40 inches, typically, does not exceed 8
percent. There are no saline horizons within 30 inches of the soil surface.
Description Category: GENSOIL
Baca: 2 percent
The Baca component makes up 2 percent of the map unit. Slopes are 0 to 1
percent. This component is on interfluves on dissected plains. The parent
material consists of calcareous loess. Depth to a root restrictive layer is greater
than 60 inches. The natural drainage class is well drained. Water movement in
the most restrictive layer is moderately low. Available water to a depth of 60
inches (or restricted depth) is high. Shrink -swell potential is low. This soil is not
flooded. It is not ponded. There is no zone of water saturation within a depth of
72 inches. Organic matter content in the surface horizon is about 2 percent. This
component is in the R067BY002CO Loamy Plains ecological site. Nonirrigated
land capability classification is 3c. Irrigated land capability classification is 2c.
This soil does not meet hydric criteria. The calcium carbonate equivalent within
40 inches, typically, does not exceed 14 percent. There are no saline horizons
within 30 inches of the soil surface. The soil has a maximum sodium adsorption
ratio of 5 within 30 inches of the soil surface.
Data Source Information
Soil Survey Area: Weld County, Colorado, Southern Part
Survey Area Data: Version 16, Oct 10, 2017
usl Natural Resources Web Soil Survey
Conservation Service National Cooperative Soil Survey
2/7/2018
Page 12of12
EXHIBIT J
Vegetation Information
To evaluate potential vegetation impacts from the proposed operation, information was
gathered during site investigations and from the Natural Diversity Information Source
(NDIS). The NDIS combines plant and animal abundance data from the Colorado
Division of Wildlife (DOW) and other Colorado natural resource agencies to be used for
land -use analyses and decision making. In addition, the U.S. Fish and Wildlife Service
(USFWS) maintains a list of federally threatened and endangered species as well as
candidate species for the State of Colorado. This list was reviewed and plant species
that appear on this list that are potentially applicable to the project include the following:
Colorado butterfly plant (Gaura neomexicana ssp coloradensis)
Ute ladies' -tresses orchid (Spiranthes diluvialis)
Vegetation information was gathered during site investigations performed by an
ecologist from Tiglas Ecological Services. Site investigations were performed on April
28, May 3, May 8, and May 16, 2006 for the original permit area and again by
Ecological Resource Consultants, Inc. (ERC) for the amendment area on December 18,
2017.
Wetland delineations were conducted during the site investigations. Two communities of
wetlands were delineated but were determined to be non jurisdictional by the Corps of
Engineers. See the attached delineation report by Tiglass Ecological Services and
jurisdictional determination letter from the Corps of Engineers. Typical wetland
vegetation observed in these areas consists of reed canarygrass (Phalaris
arundinacea), seedling plains cottonwood (Populus deltoides), Canada thistle (Cirsium
arvense), and broad-leaved cattail (Typha latifolia).
Tiglass Ecological Services performed a plant habitat survey for the Ute ladies' -tresses
orchid in appropriate potential habitat on -site. The plant was not observed during the
survey. During this investigation there was also no suitable habitat found for the
Colorado butterfly plant per Tiglass Ecological Services. This was also the same for the
environmental screening conducted by ERC.
The project site consists mostly of disturbed weedy pasture, with smaller areas
consisting of outbuildings (northeast corner of property), and two small non -jurisdictional
wetland areas as described in the attached delineation report. Extensive areas of trees
were not noted; however, there are a few mature Chinese elm (Ulmus parvifoli) trees
located in the north east corner of the site as well as seedling plains cottonwood
(Populus deltoides) in one of the isolated non jurisdictional wetland areas. Grasses
observed on the site included short prairie grass along the eastern edge of the site
J&T Consulting, Inc.
Derr Pit Project
DRMS112 Permit Amendment
consisting of blue grama and sideoats grama. Other vegetation included yucca plants,
prickly pear cactus.
The present vegetation types within the area are primarily kochia and clover with sparse
western wheatgrass intermixed. These areas are generally characterized by having dry
soils with deteriorated conditions as the ground is not irrigated. The majority of the site
cover is kochia that inhabits approximately 20 to 25 acres for the original permitted
area. Clover is found along with the kochia in most areas but appears to cover
approximately 15 to 20 acres of original permitted area. There are many areas where
existing roads and bare spots exist in the interior of the project site. The height of the
cover for the majority of the area ranges from six to twelve inches in height, however the
project site has been mowed or disced from time to time to perfomi weed control. The
amendment area is currently planted with western wheatgrass (Pascopyrum smithit)
that have been recently mowed. The perimeter of the site and along the edges of the
planted fields is comprised of herbaceous fallow lands dominated by non-native grasses
and herbaceous weeds.
J&T Consulting, Inc.
Derr Pit Project
DRMS 112 Permit Amendment
WETLAND DELINEATION AT A PROPOSED GRAVEL MINE SITE AT
THE DERR PROPERTY NEAR GREELEY, COLORADO
Prepared by:
Darcy A. Tiglas
5015 Swainsona Drive
Loveland, Colorado 80537
970-635-9183
May 2006
WETLAND DELINEATION AT A PROPOSED GRAVEL MINE SITE AT
THE DERR PROPERTY IN GREELEY, COLORADO
INTRODUCTION
Ms. Darcy A. Tiglas was contracted by Diversified Consulting Solutions, inc. (dcs) to
conduct a wetland delineation for a proposed gravel mine site at the Derr Property in
Greeley, Colorado. An irrigation ditch is located on the property and brings excess
surface water across the middle of the site. A stock pond was located in the
southwest corner of the site until recently when the landowner filled in the pond.
Several ponds occur to the south of the site and are similar to the pond that was
filled and will be used for reference for this delineation. Weld County proposes to
mine gravel and other aggregate material from the site.
Site Location
This site is located on the east side of Greeley, Colorado and lies on the east side of
Balsam Avenue north of Eighth Street or Highway 263. The project area lies in the
middle of Section 4 at the southwest %of the northeast '1 Township 5 North, Range
65 West. The longitude is 104 degrees, 40 minutes, 6 seconds and the latitude is 40
degrees, 25 minutes, 44 seconds. The NAD 27 UTM coordinates are Zone 13,
Easting 528178 and Northing 4475206. The WGS 84 (NAD 83) UTM coordinates
for the site are Zone 13, Easting 528133 and Northing 4475414. The elevation of
the project• area is approximately 4,630 feet above sea level. Figure 1 presents a
vicinity map of the project area. Figure 2 presents the project area within the
Greeley, Colorado USGS quadrangle map.
WETLAND DELINEATION
Methods
The wetland delineation was conducted by characterizing the vegetation, soils, and
hydrology of the sites according to the 1987 U.S. Army Corps of Engineers Wetland
Delineation Manual (COE 1987). Plant communities were identified and ranked
according to percent cover (i.e. the most dominant in each life form). The dominant
species of each life form were cross referenced with the national wetland plant list
(Reed 1988) to determine if the area supports a prevalence of hydrophytic
vegetation. Hydric soil determinations were made following a review of the Weld
County, Colorado Southern Part Soil Survey (SCS 1980), and the Colorado hydric
soils list (SCS 1990), and from field observations (color, texture, depth to wetting) of
on -site soils. Hydrologic conditions were determined through observations of wetting
depth in soil pits, soil characteristics, evidence of flooding, and review of the local
soil survey data. This information was recorded on C0E data forms (Appendix A).
gAr
It
Figure 1
Vicinity Map
Derr Gravel Pit
to BS,tx...
j'
a ; rro -k +
, argwpn �M'a
'l1wr
Lower •
•
6
r' . ..,np.nnsn
T
1
R •
Date of Site Visit
The field reconnaissance was conducted on April 28, May 3, and May 8, 2006.
Results
The following sections describe the vegetation communities observed within potential
wetlands within the project area. Figure 3, a dcs, Inc. aerial photograph, presents a
map of the community locations. This figure shows the pre -filling conditions of the
ponded area. Appendix B presents photographs of the vegetation communities
present on the site.
Community A
This community is associated with a small feeder ditch that carries water from the
northeast quarter of the property toward the southwest corner of the property. The
ditch is small and shallow, but does hold pockets of surface water throughout the
year.
Vegetation. This area is characterized as a palustrine/emergent/persistent
community. Several seedling plains cottonwood (Populus deltoides) are present along
the ditch bank and constitute the dominant. tree in the community. Reed canarygrass
(Phalaris arundinacea) is the dominant grass present. The canarygrass forms a thick
monoculture along the ditch. The dominant forb in this community is Canada thistle
(Cirsium arvense). The hydrophytic vegetative requirement for wetlands was met
with 67 percent of the dominant species being obligate, facultative wet, or
facultative in nature.
Hydrology. The wetland hydrology requirement is met at this community with a
definite drainage pattern visible in the form of a ditch which carries surface water
from the northeast part of the site to the southwest part of the site, sediment
deposits, and saturation in the upper 12 inches of soil. Hydrology from upland
runoff, precipitation, and direct surface water from the ditch supports the
hydrophytic vegetation present within this community.
Soils. Soils were identified by the SCS (1980) as belonging to the Aquolls-Aquents-
Bankard map unit and the Bankard sandy loam, 0-3% slope subgroup. A soil pit was
dug to a depth of 12 inches within this community and a soil matrix color of 10 YR
2/1 with no mottling observed. The soil texture was loam. Hydric soils were
determined to be present due to the low-chroma color of the substrate and the soil
being listed, on the local hydric soils list.
Community A was determined to be a wetland since all three indicators required were
present and observed during the field reconnaissance.
Community B
This community is associated with the pond at the southwest corner of the property.
The pond was filled by the property owner prior to my field work efforts, but an
adjacent pond and previous vegetation species list work supported the following
description of the pond. Soil pits were dug at the a filled pond site to assist in the
determination of the soil field characteristics at the site.
Vegetation. This area is characterized as a palustrine/emergent/persistent
community. Reed canarygrass was the dominant grass and broad-leaved cattail
(Typha latifolia) was the dominant forb in this community. The hydrophytic
vegetative requirement for wetlands was met with 100 percent of the dominant
species being obligate, facultative wet, or facultative in nature.
Hydrology. The wetland hydrology requirement was met at this community with a
definite drainage pattern visible in the form of a pond fed by a ditch and slough,
water marks, and saturation in the upper 12 inches of soil. Hydrology from upland
runoff, precipitation, and direct surface water from the pond supported the
hydrophytic vegetation present within this community.
Soils. Soils were identified by the SCS (1980) as belonging to the Aquolls-Aquents-
Bankard map unit and the Aquolls and Aquents, gravelly substratum subgroup. A soil
pit was dug to a depth of 12 inches within the adjacent pond community and a soil
matrix color of 10 YR 2/1 with no mottling was observed. The soil texture was loam
with cobbles. Hydric soils were determined to be present due to the low-chroma
color of the substrate and the soils being on the local hydric soils list.
Community B was determined to be a wetland since all three indicators required were
present and observed during the field reconnaissance
SUMMARY
Two wetland communities were identified within the project area during the field
reconnaissance. These wetlands are/were self-sustaining healthy wetland
communities.
REFERENCES
Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. classification of
wetlands and deepwater habitats of the United States. U.S. Fish and Wildlife
Service. FWS/0BS-79/31.
Reed, Jr., P.B. 1988. National List of Plant Species that occur in Wetlands:
Colorado. U.S. Department of the Interior, Fish and Wildlife Service. NERC-
88/18.06.
Soil Conservation Service (SCS). 1980. Soil Survey of Weld County, Colorado
Southern Part. U.S. Department of Agriculture, Soil Conservation Service in
cooperation with Colorado Agricultural Experiment Station. September, 1980.
135 pp.
1990. Hydric Soils of Colorado. U.S. Department of Agriculture.
1991. Hydric Soils of the United States. U.S. Department of Agriculture,
Miscellaneous Publication Number 1491.
U.S. Army Corps of Engineers (COE). 1987. Wetlands Delineation Manual.
Waterways Experiment Station, Vicksburg, MS.
Wetland Training Institute, Inc. (WTI). 1991. Field Guide for Wetland Delineation -
1987 Corps of Engineers Manual.
APPENDIX A
FIELD DATA FORMS
( I COE Wetlands Delineation Manual)
Project/Site:
Applicant/Owner:
Investigator:
Pik -
Do Normal Circumstances exist on the site?
Is the site significantly disturbed (Atypical Situation)? Yes No
Is the area a potential Problem Area?
(If needed, explain on reverse.) Yes
VEGETATION
Stratum Indicator
1.
2.
3. a( V5 L( 1/17, Sg rani
4.
5.
6.
7.
i S £C4
t
Percent of Dominant Species that are OB1, FACW or FAC
(excluding FAC-).
Remarks:
Date:
County;
State:
Community ID:
Transect ID:
Plot ID:
Feeder D Ih
HYDROLOGY
a/3 - Ce'7
Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gauge
_ Aerial Photographs
Other
No Recorded Data Available
Field Observations:
Depth of Surface Water:
Depth to Free Water in Pit:
Depth to Saturated Soil:
Wetland Hydrology Indicators:
Primary Indicators:
)'undated
✓Saturated in Upper 12 Inches
_ Water Marks
Drift Lines
"9ediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
_ Oxidized Root Channels in Upper 12 Inches
Water -Stained Leaves
Local Soil Survey Data
FAC-Neutral Test
Other (Explain in Remarks)
Remarks:
Fi d A I vt'i'q i Dot
(1987 Cdt Wetlands Delineation Manual)
Date:
County:
State:
Community ID:
Transect ID:
Plot ID:
Project/Site: 1Q,tr
Applicant/Ovvner:
Investigator:
a
1 ..A
Do Normal Circumstances exist on the site?
Is the site significantly disturbed (Atypical Situation)?
Is the area a potential Problem Area?
(If needed, explain on reverse.)
VEGETATION
Dominant Plant S ecies
Strom, Indicator
1 • (S Q irf (lil r rnrr>+e.r u r'.n..
HYDROLOGY
Percent of Dominant Species that are OBI.. FACW or FAC
(excluding FAC-1.
Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gauge
Aerial Photographs
Other
No Recorded Data Available
Feld Observations:
Depth of Surface Water:
Depth to Free Water in Pit:
Depth to Saturated Soil:
fin.)
r
l (in.)
Wetland Hydrology Indicators:
Primary Indicators:
undated
V Saturated in Upper 12 Inches
Water Marks
Drift Lines
.,/Sediment Deposits
V Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Oxidized Root Channels in Upper 12 inches
Water -Stained Leaves
Local Soil Survey Data
FAC-Neutral Test
_,. Other (Explain in Remarks)
Remarks:
Pond hce b eery - Ii /ad aaitt- , - pond used
Proxima n l6 servJ
APPENDIX B
PHOTOGRAPHS
Vie
w pewof siT7.1anvt'st.,comet 01,ti`ilc {?o11d.wct to i")t. iron-) i"rltl'x:11iei..I'C(tld:
-dLir.:troi!atic)t1 ditch lookuiti. fl(.3t't:h j1"(tti; CiltiJfli roiii
Victi.v of. rcf rcncc pond _1o,:)kint :«orth.::)st 1rr)nn
View of fated pond *'it " with rt tC:rencl:'pond to 1.31 'itioth.
(1987 COE Wetlands Delineation Manual)
Project/Site: 1(Zrr
Applicant/Owner:
Investigator:
Do Normal Circumstances exist on the site?
Is the site significantly disturbed (Atypical Situation)?
Is the area a potential Problem Area?
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species
1 l aY(
2.TIi piece:,
4.
5.
6.
7.
Stratum Indicator
Etiat
Dominant Plant S ecies
9.
Date: :
COUnty----��,
State:
Community ID: 13
Transect ID:
Plot ID:
Percent of Dominant Species that are OBL. FACW or FAC
(excluding FAO.).
Remarks:
sa��x Pond
Stratum Indicator
HYDROLOGY
Recorded Data (Describe in Remarks):
Stream. Lake, or Tide Gauge
Aerial Photographs
/ _ Other
No Recorded Data Available
Field Observations:
Depth of Surface Water:
Depth to Free Water in Pit:
Depth to Saturated Soil:
(in.)
Wetland Hydrology Indicators:
Primary Indicators:
undated
Saturated in Upper 12 Inches
Water Marks
Drift Lines
_._,/Sediment Deposits
%/ Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Oxidized Root Channels in Upper 12 Inches
Water•Stained Leaves
Local Soil Survey Data
FAC-Neutral Test
Other (Explain in Remarks)
Remarks:
� Po n d ha,s b eeh �r !(ed /q.�l �aCen-E.- povd used
rovioaS t)bsP.v-Vco�n
Hello