HomeMy WebLinkAbout20162084.tiffEpviropept, Inc.
LARRY E. O'BRIAN
FOUNDER
STEVAN L. O'BRIAN
PRESIDENT
June 24, 2016
Weld County Clerk to the Board
Board of County Commissioners Office
1 150 O Street
Greeley, Colorado 80631
Re: Amendment of a Mined
Land Reclamation Permit
7985 VANCE DRIVE, SUITE 205A
ARVADA, COLORADO 80003
303-423-7297
FAX 303-423-7599
Dear Sir/Madam:
We are delivering to you here with an amendment to our approved permit application for the
Carbon Valley Resource (permit # M-2001-017) operated by L.G. Everist, Incorporated. Two copies of
the amendment application are on file with the Division of Reclamation, Mining & Safety.
This copy of the amendment application is delivered to you pursuant to 34-32.5-112(9)(a),
Colorado Revised Statutes 1995, as amended, which states in part:
.... the applicant shall place a copy of such application for public inspection at the office of the
Board and Office of the County Clerk and Recorder of the county in which the affected land is
located.
This book must be kept for public review until the amendment has been approved by the
Division. We will contact you once it is and make arrangements to pickup this copy.
Please acknowledge receipt of the copy of the permit amendment by signing in the appropriate
space provided below and returning one copy of this letter to the person delivering the book. This will be
submitted to the Division of Reclamation, Mining & Safety to prove the amendment book was delivered
to your office.
Yours truly,
MENT, INC.
Stevan L. O'Brian
enclosure
--g1;t.-utuJ
7-b-aaL
RECEIVED
JUN 242016
WELD COUNTY
COMMISSIONERS
RECEIVED THIS GH DAY OF Joni, , 2016, one
copy of an application amendment packet for above
referenced mine.
Weld County
lerk to the Board
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Co t asi l co
2016-2084
L.G. EVERI ST, INC.
Carbon Valley Resource - M-2001-017
WELD COUNTY, COLORADO
Regular 112 permit - Amendment
June 2016
Amendment to an Application
for a Mined Land Reclamation
Board Construction Materials
Permit
PREPARED BY
ENVIRONMENT, INC.
7985 VANCE DR., SUITE 205A
ARVADA, CO 80003
(303) 423-7297
1
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CONSTRUCTION MATERIALS
REGULAR (112) OPERATION
RECLAMATION PERMIT APPLICATION FORM
CHECK ONE: Ed There is a File Number Already Assigned to this Operation
Permit #
Permit #
COLORADO
DIVISION OF
RECLAMATION
MINING
— &—
SAFETY
M - 2,001 _ 017 - (Please reference the file number currently assigned to this operation)
New Application (Rule 1.4.5)
Conversion Application (Rule 1.11)
M _2001_017 _
Amendment Application (Rule 1.10)
(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 I, any sections of Exhibit 6.5 (Geotechnical Stability Exhibit; and (3) the application fee. When you
submit your application, be sure to include one (I) complete signed and notarized ORIGINAL and one (I) copy of the completed
application form, two (2) copies of Exhibits A -S, Addendum 1, appropriate sections of 6.5 (Geotechnical Stability Exhibit, and a check for
the application fee described under Section (4) below. Exhibits should NOT be bound or in a 3 -ring binder; maps should be folded to
8 1/2" X 11" or 8 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.
I. Applicant/operator or company name (name to be used on permit): L.G. Everist, Incorporated
1.1 Type of organization (corporation, partnership, etc.): corporation
2. Operation name (pit, mine or site name):
3. Permitted acreage (new or existing site):
3.1 Change in acreage (+)
3.2 Total acreage in Permit area
Carbon Valley Resource
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: sand
5.1 Incidental commoditie(s) to be mined: 1.
3. /
lbs/Tons/yr 4.
n/a
gravel
5.2 Anticipated end use of primary commoditie(s) to be mined: _
5.3 Anticipated end use of incidental commoditie(s) to be mined
65.0
56.4
121.4
$2,696.00
$3,342.00
$2,229.00
$2,696.00
lbs/Tons/yr 2. /
lbs/Tons/yr 5.
construction aggregates
permitted acres
acres
acres
application fee
quarry application
amendment fee
conversion fee
lbs/Tons/yr
lbs/Tons/yr
n/a
2
6. Name of owner of subsurface rights of affected land: L.G. Everist, Inc.
If 2 or more owners, "refer to Exhibit O".
7. Name of owner of surface of affected land: L.G. Everist, Inc.
8. Type of mining operation: El Surface Underground
9. Location Information: The center of the area where the majority of mining will occur:
COUNTY: WELD
PRINCIPAL MERIDIAN (check one): 6th (Colorado)
SECTION (write number): S 6
TOWNSHIP (write number and check direction):
RANGE (write number and check direction):
QUARTER SECTION (check one):
QUARTER/QUARTER SECTION (check one):
GENERAL DESCRIPTION: (the number of miles
Approx. 1/2 mile north of Town of Firestone (center), approx. 4810' elevation
10th (New Mexico)
Ute
T 2 [1 North Q South
R 67 fl East P1 West
NE HNW ❑ SE SW
NE ENW �SE �SW
and direction from the nearest town and the approximate elevation):
10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM):
Latitude/Longitude:
Example: (N) 39° 4411 12.98 I
(W) 104° 591 3.871
Latitude (N): deg
Longitude (W): deg
OR
min
min
sec (2 decimal places)
sec (2 decimal places)
Example: (N) 39.73691°
(W) -104.98449°
Latitude (N) 40.175367 (5 decimal places)
Longitude(W) -104.936479 (5 decimal places)
OR
Universal Tranverse Mercator (UTM)
Example: 201336.3 E NAD27 Zone 13
4398351.2 N
UTM Datum (specify NAD27, NAD83 or WGS 84) Nad 83 Zone 13
Easting
Northing
3
11. Correspondence Information:
APPLICANT/OPERATOR (name, address, and phone of name to be used on permit)
Dennis Fields
Contact's Name:
Company Name:
Street/P.O. Box:
City:
State:
Telephone Number:
Fax Number:
L.G. Everist, Inc.
Title: Vice President
7321 E 88th Avenue, Suite 200
Henderson
P.O. Box:
CO Zip Code: 80640
(303 ) _ 287-4656 (main office number)
(303 ) _ 289-1348
PERMITTING CONTACT (if different from applicant/operator above)
Steve O'Brian
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:
Environment, Inc.
Title: owner/president
7985 Vance Drive, Suite 205A
Arvada
P.O. Box:
CO
(303 ) _ 423-7297
(303
) _ 423-7599
Lynn M. Shults
L.G. Everist, Inc.
Zip Code: 80003
Title: Regulatory Manager
7321 E 88th Avenue, Suite 200
Henderson
P.O. Box:
CO
(303 ) _ 286-2247 (direct line)
(303 )_ 289-1348
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State:
Zip Code: 80640
Zip Code:
Telephone Number: ( )-
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State:
Telephone Number:
Zip Code:
( )-
4
12. Primary uture (Post -mining) land use (check one):
Cropland(CR) E Pastureland(PL)
Rangeland(RL) J Forestry(FR)
Residential(RS) n Recreation(RC)
Developed Water Resources(WR)
13. Primary present land use (check one):
Cropland(CR) I Pastureland(PL)
Rangeland(RL) II Forestry(FR)
Residential(RS) n Recreation(RC)
Developed Water Resources(WR)
II
N
EGeneral Agriculture(GA)
n Wildlife Habitat(WL)
Industrial/Commercial(IC)
E Solid Waste Disposal(WD)
HGeneral Agriculture(GA)
II Wildlife Habitat(WL)
IIIndustrial/Commercial(1C)
14. Method of Mining: Briefly explain mining method (e.g. truck/shovel):
Dry -mining with excavators and front-end loaders, convey or haul (truck) raw material to processing plant
15. On Site Processing:
Ye
Crushing/Screening
13.1 Briefly explain mining method (e.g. truck/shovel):
Raw material will be crushed and screened to specification -sizes, using portable or stationary processing equipment.
List any designated chemicals or acid -producing materials to be used or stored within permit area:
No chemicals are used in material processing. Water is used in processing and for dust suppression.
16. Description of Amendment or Conversion:
If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s).
L.G. Everist is amending M-2001-017 to add a property to the west of the permit area. The new
property will add 56.4 acres to the permitted acreage. The new property will be mined and
reclaimed using the same methods already employed for the permitted acreage dry mining
methods, and reclaimed as clay -lined or slurry -wall lined water storage reservoirs.
5
-5 -
Maps and Exhibits:
Two (2) complete, unbound application packages must be submitted. One complete application package consists of a signed application
form and the set of maps and exhibits referenced below as Exhibits A -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 1.6.2(l)(b):
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT H
EXHIBIT I
EXHIBIT I
EXHIBIT K
EXHIBIT L
EXHIBIT M
EXHIBIT N
EXHIBIT O
EXHIBIT P
EXHIBIT Q
-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 1 - Notice Requirements (sample enclosed)
Geotechnical Stability Exhibit (any required sections)
The instructions for preparing Exhibits A -S, Addendum 1, and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and
Rule 1.6.2(1)(b) of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required,
or would like to schedule a pre -application meeting you may contact the Office at 303-866-3567.
Responsibilities as a Permittee:
Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a
number of important requirements which you, as a permittee, should fully understand. These requirements are listed below.
Please read and initial each requirement, in the space provided, to acknowledge that you understand your obligations. If you
do notnderstand these obligations then please contact this Office for a full explanation.
1. Your obligation to reclaim the site is not limited to the amount of the financial 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
/9
-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 clearly visible from the access road, with the following information (Rule 3.1.12):
a the name of the operator;
b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land
Reclamation Board; and,
c. the permit number.
7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly
visible and adequate to delineate such boundaries prior to site disturbance.
8. It is a provision of this permit that the operations will be conducted in accordance with the terms and
conditions listed in your application, as well as with the provisions of the Act and the Construction Material Rules
and Regulations in effect at the time the permit is issued.
9. Annually, on the anniversary date of permit issuance, you must submit an annual fee as specified by Statute,
and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if
there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted
annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For
example, a permit with the anniversary date of July 1, 1995, the annual fee is for the period of July 1, 1994 through
June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil
penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the
permittee, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation
responsibility.
10. For joint venture/partnership operators: the signing representative is authorized to sign this document and a
power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this
application.
7
NOTE TO 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
-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 34-32.5-115(4)(e), C.R.S.).
2. No mining operation will be located on lands where such operations are prohibited by law
(Section 34-32.5-115(4)(f), C.R.S.;
3. As the applicant/operator, I do not have any extraction/exploration operations in the State of Colorado currently in
violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials
(Section 34.32.5-120, C.R.S.) as determined through a Board fording.
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 this form shall result in voiding any
permit issued on the altered or modified form and subject the operator to 'cease and desist orders and civil penalties for operating
without a permit pursuant to section 34-32.5-123, C.R.S.
Signed and dated this , 474' day of�
Dennis Fields for L.G. Everist, Incorporated
Applicant/Operator or Company Name
Signe
Title: Vice President
I
/.•�. A /J
State of jr'".'f..:-�Z..�-x-`1 )
) ss.
County of �4/..4,7y),_9.-
)
The
foregoing i trument was ackngwled ed before me this
Cynthia Antrim
Notary Republic, State of Colorado
M'r Commission Expires February 19, 2020 S
Notary ID: 20084005737
If Corporation Attest (Seal)
Signed:
Corporate Secretary or Equivalent
Town/City/County Clerk
day of YII.-
Public
My Commission expires: //1/P' 4
NATURES MUST BE IN BLUE INK
9
TABLE CF CONTENTS
Exhibit A - LEGAL DESCRIPTION 1
Exhibit B - VICINITY MAP 2
Exhibit C - PRE MINING MAP (Map Pocket) 3
Exhibit C-1 - MINING PLAN MAP (Map Pocket) 86
Exhibit D - MINING PLAN AND TIMETABLE 4
Exhibit E - RECLAMATION PLAN AND TIMETABLE 8
Figure E -1 -COLOR RECLAMATION MAP 15
Exhibit F - RECLAMATION PLAN MAP (Map Pocket) 86
Exhibit G - WATER INFORMATION (no change) 16
Exhibit H - WILDLIFE INFORMATION (no change) 58
Exhibit I/J - SOILS & VEGETATION 58
Exhibit K - CLIMATE (no change) 66
Exhibit L - RECLAMATION COSTS 67
Exhibit M - OTHER PERMIT AND LICENSES 70
Exhibit N - SOURCE OF LEGAL RIGHT TO ENTER 71
Exhibit O - OWNERS OF RECORD 77
Exhibit P - MUNICIPALITIES WITHIN TWO MILES 79
Exhibit Q - NOTICES AND PROOF OF DELIVERY BOARD OF COUNTY
COMMISSIONERS AND LOCAL SOIL CONSERVATION BOARD 80
Exhibit R - CLERK AND RECORDERS NOTICE AND PROOF OF DELIVERY 82
Exhibit S - PERMANENT MAN-MADE STRUCTURES 82
PUBLIC NOTICE 84
POSTED NOTICE CERTIFICATION 85
10
Exhibit A - LEGAL DESCRIPTION
EXISTING PERMIT
Parts of the NE' -NW'- and SE' -NW'- of Section 6, Township 2
North, Range 67 West, 6th P.M., Weld County, Colorado, containing
65.0 ac. permit area
NEW AREA
Part of the SW' -NW'-, and NW'4NW, of Section 6, Township 2
North, Range 67 West, 6th P.M., Weld County, Colorado, containing
56.4 acres ±.
Total perrrit area 121.4 acres ±.
Mine Entrance: 40.175377LN, 104.936479_W WGS84
1
8/0
4810
Declination
M
MN 8° 26'E
Name: GOWANDA (CO)
Date: 06/07/16
Scale: 1 inch = 1,000 ft.
•
I
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U
C
a
4$27
Carbon Valley Entrance 040° 10' 31.3572" N 104° 56' 11.3244" W
;//
MINE LOCATION: PARTS OF THE
NE/4NW/4, SE/4NW/4, SW/4NW/4 AND
NW/4NW/4, SECTION 6, T -2-N,
R -67-W, 6TH P.M., WELD COUNTY,
COLORADO
a
a
• tJ
Oa a a Ia. -
Copyright (C) 2008, MyTopo, 2006-2
L.G. Everist, Inc.
Carbon Valley Resource
Map Exhibit B - Vicinity Map
2
Copyright (c) 2008. MyTopo
Exhibit C - PRE MINING MAP
Revised and added new area. Map attached
Exhibit C-1 - MINING PLAN MAP
Revised and added new area. Map attached
Exhibit D - MINING PLAN
Unless specifically discussed below, the methods described
and approved in the original permit application, mining and
reclamation plans will remain unchanged. This will remain a dry
mining operation. MAP EXHIBIT C shows the current permit area and
the area being added to the permit.
There are no changes to the mining method as approved in the
2001 permit. The primary reason for this amendment is to add
approximately 56.4 acres to the permit area. We are also rede-
signing the final lake configuration to maximize gravel removal
from the original permit area. While this mine is not a phased
operation, the site is laid out into 3 areas to better explain
final uses and areas being discussed. Area A is on the southern
end of the existing mining area and has been backfilled and
partially reclaimed as of June 2016. Area B is the area on the
north end of the existing permit area that will be reclaimed as a
Water Storage Reservoir. Mining and most of the reclamation will
be complete on this area within the next 18 to 24 months. Area C
is the area being added to the permit in this amendment and we
expect to take 10-12 years to complete mining. Reclamation runs
concurrent with mining to control the amount of disturbed area in
the mine at any one time.
In addition to developing the site as a water storage facil-
ity L.G. Everist is considering possibly developing the site as
an Inert Material Landfill. It has yet to be determined if the
filling will closely follow mining or if it will start sometime
after the slopes in Area B have been installed. The current
bond is $665,800 and a new reclamation cost estimate is presented
on page 13 in EXHIBITLfor the plan changes proposed in the follow-
ing text.
The area labeling in the revised MININGANDRECLAMATIONTIMETABLESare
there to explain the areas within the mine and not necessarily
the direction or timing of mining. In general, we propose that
mining will continue in Area B and once that is done will move
onto the northern end of Area C. As the overburden is removed on
that area it will be placed in the compacted fill slopes in Area
B. The description of how the slope will be built was presented
in the original Reclamation Plan.
Mining will begin on Area C by stripping and storing the
topsoil along the exterior of the permit area. If the topsoil
piles remain undisturbed for more than 180 days, 2.0 #PLS of
Crested Wheatgrass, per 100 sq-ft will be planted on the piles or
other means will be employed to preserve the topsoil from wind
and water erosion. This will keep it free of contaminants so
that it remains useful for sustaining vegetation when reclamation
4
EXHIBIT D MINING PLAN (CONT)
begins. The stockpiles will be located in areas where distur-
bances by ongoing mining operations will be at a minimum, i.e.
along setbacks on the pit perimeter. The topsoil will be handled
as little as possible until it is replaced onto disturbed areas.
The overburden will then be removed and used to supplement
material already stored in Area B for reclamation to create the
slopes around the reservoir area. Once the gravel is exposed in
Area C, mining and processing will begin on the north end and
move from north to south. The plan is to have an east to west
trending open mining face that stretches across the property.
Material processing will continue in Area B until enough
floor area has been mined to shale, to move the plant into Area
C. The scales, office and shop facility in the northwest corner
of Area B will be used throughout the life of the mine. The site
entrance will remain in Area B as well.
Proposed mining sequences may change due to unforeseen
circumstances such as market conditions, variations in the
natural deposit, agreement restrictions with structure owners,
etc.
Of the 121.4 acres in this amendment, the old permit area
covers 65.0 acres ± and the new area is 56.4 acres ±. Area B
will be sloped and graded for future use as a Water Storage
Reservoir, as listed in the RECLAMATIONPLAN. There is adequate
topsoil, overburden and shale material on site to complete the
sloping without importing material should mining and reclamation
end prematurely.
MAP EXHIBIT C-1 - MINING PLAN shows the approximate direction of
mining as it progresses across the site. The methods described
in the original permit will be used in the amendment area. The
approved plan calls for having no more than 30.00 acres ± dis-
turbed at any one time. This will be increased to 90 acres ± to
allow for more flexibility during mining as the transition from
Area B to Area C progresses. This 90 -acre area will include,
stripped, partially mined, partially reclaimed and future reser-
voir areas. As mining progresses across the property, some parts
of the property will remain undisturbed while other areas will
either be stripped, mined, partially reclaimed or totally re-
claimed. Much of the area disturbed will be below water level or
within a reservoir area so no resoiling or revegetation will be
needed in those areas. The MINING PLAN MAP - EXHIBIT C-1 shows how the
area will look when approximately 33% of Area C is mined. Note
how some of the final slopes around the perimeter of Area B are
partially reclaimed while others are still ', to 1 as mined. In
5
EXHIBIT D MINING PLAN (CONT)
Area C, all of the slopes are 'h to lv as mined since reclamation
has not commenced in this area.
As mentioned above, adequate topsoil will be salvaged and
stockpiled around the excavation area for use in reclamation.
The topsoil in these stockpiles will be placed on areas where
grading and shaping is complete so it only has to be handled
once. The 3 to 5 feet of overburden found on the site will be
stockpiled around the mining areas similar to topsoil stockpil-
ing. It will be blended with the underlying shale and used to
create the perimeter slopes around the excavated areas. The
stockpiles of reclamation materials (topsoil and overburden) will
be placed around the mining area as mining progresses to keep
them as close to the final use area as possible. This will
reduce the haul distances needed to place reclamation materials
around the excavated area during reclamation.
The working face will be mined near vertical ('zh:1v) to
maximize removal of material from the mine. At its widest point,
the working face will be approximately 1100 feet long. If mining
ended prematurely, this slope will be reclaimed using a cut/fill
sloping method instead of backfilling. As mining reaches a
setback area, backfilling will commence as material becomes
available to leave a 3:1 slope along the mine exterior, oil and
gas facilities and the ditches. We expect to have no more than
8600 linear feet of area needing backfilling at any -one time as
shown on Map Exhibit C-1.
The mining setbacks will vary from 15 to 80 feet from the
permit boundaries and structures as allowed by each Use Agreement
for said structures. For example, around oil/gas wells we will
maintain a 80 foot radius around each well -head when mining, but
leave a 150 foot radius when reclamation is complete. There is a
possibility that the 5 wells on the mine area may be plugged so
no setbacks will be necessary. If this happens, we plan to mine
the gravel contained around the oil/gas wells and flow lines. A
Technical Revision will be filed to update the Reclamation Map if
this happens. Included on the Reclamation Plan Map, is a sketch
showing how the area would look if the oil and gas wells are
removed. Along Right of Ways we will maintain a 25 foot setback
from the ROW line except on oil/gas well feed line where the
setback will be on feet either side of the gas line.
The MINING PLAN MAP shows how this will look. Around the rest
of the mine the setback line will be the top of the excavation
limits. The temporary topsoil stockpiles within the setbacks
will limit noise and visual impacts to off -site areas. The
setbacks will be used as a place for roads to access the mine
6
EXHIBIT D MINING PLAN (CONT)
exterior, ditches and access for the oil and gas facilities. The
setback areas will be reclaimed if disturbed and the roads will
remain for access around the final Water Storage Reservoirs.
The mine will be dewatered as explained in the existing
permit text and the material will be mined using loaders and
excavators to remove material from the face. The material will
then be delivered to the Plant for processing, using the loaders,
haul trucks or a conveyor system.
The arrows on EXHIBIT C-1 - MINING PLAN MAP show how we will prog-
ress through the mine area. We estimate that by adding the new
area, the life of the mine will be extended from 10 to 12 years.
Mining Timetable
The continuing uncertainty of economic conditions in the
construction materials industry precludes an accurate forecast of
demand for materials during the life of the mine. We therefore,
can only estimate the mining timetable based on an average year
and may expect a specific year to vary widely from the average.
AREA*
Area A
YEARS
1-2
ACRES ±
TOTAL
10.60
MINED
AREA
9.60
MISC (I.E.
SETBACKS, o&G
AREAS AND UN-
DISTURBED,
ETC.)
1.00
Area B
l -2
54.40
36.50
17.90
Area C
10-12
56.40
45.70
10.70
TOTALS
15-20
121.40
91.80
29.60
* areas are only used to explain the mining areas, not the direction or timing of
the mining operations.
7
Exhibit E - RECLAMATION PLAN
Unless specifically discussed below, the reclamation methods
described and approved in the approved permit application will
remain unchanged. The following text explains the changes to the
reclamation plan as proposed in this amendment. Reclamation will
run concurrent with mining as the site is developed to reduce the
amount of reclamation required at any one time.
The current post mining land uses are listed as developed
water storage reservoir, rangeland (Area B) and as potential
developed/agriculture area (Area A). The water storage reservoirs
will be lined with compacted clay liners or slurry walls, as per
the approved reclamation plan. Please see
adequacies, and submittals for details.
For Areas B and C, L.G. Everist would
option for reclamation - to reclaim them as an Inert Material
Landfill. Areas B and C would be lined as described in the
original plan no matter the final use. Market conditions can
vary greatly over 10-20 years, and so when the mining is com-
plete, it may be determined that the sale of the water storage
facility will not happen and it is a better end use of the land
to backfill the lined areas. When the reservoir liners are
approved and certified by the SEO, the sides have been graded and
sloped, and the above water areas around the excavation haves
been soiled and seeded, L.G. Everist will ask for release from
the DRMS Permit. If the site becomes an inert fill facility,
L.G. Everist will operate the site under the necessary local
permit requirements. So whether it is developed as water storage
or as an Inert Material Fill site, the initial plan to construct
a liner around the excavated area will benefit both end uses.
The filling plan is outlined in the OPTION 2 Section of this text
Currently, the mine site is split into 3 areas, Area A where
mining has ended and backfilling is taking place; Area B where
mining is taking place and Area C that is primarily irrigated
agricultural land. The current uses are mining area; backfill
area; irrigated land; oil & gas operations areas and farm yard.
There is little or no native vegetation present on the amendment
area. Most of Areas B and C were farmed for many years and
vegetation cover on them was consistent with farmed areas. The
typical Vegetation descriptions in EXHIBITI/J will not match these
agricultural use areas. The RECLAMATIONPLANMAP shows the sloping
plan and areas that will be revegetated around each reservoir
area in this plan.
The current RECLAMATION PLAN for Area A is for it to be back -
filled and vegetated, with end uses as agricultural or pasture
the original plan,
like to add another
8
EXHIBIT E RECLAMATION PLAN (coNT)
land. With this permit amendment, we are proposing an additional
possible end use, of Area A as an oil/gas multi -well platform.
If agreements can be made with oil and gas producers, the low -
performing wells located within Areas B and C could be shut down
and capped, and replaced with new wells placed in Area A. Area A
would then be reclaimed as a graveled oil/gas operations area.
If no wells are placed in Area A, then it will be vegetated as
per the current reclamation plan. If current oil/gas wells are
removed from Areas B and C, the oil/gas setback areas would be
mined and the final Water Storage Reservoir perimeters would
change accordingly. This oil/gas option with all the above
changes is shown as an inset map on the RECLAMATION PLAN MAP and if
any or all of the optional changes occur, we would submit a
Technical Revision to update the RECLAMATION PLAN MAP and permit as
needed.
For an additional reclamation visual, we have included
Figure E-1, which is a color rendition of the reclamation plan
showing the various final land forms on the Reclamation Plan Map.
Some areas of the setbacks and perimeters of water storage
reservoirs will be graveled access roads, oil/gas areas, parking
areas around buildings. The revegetated areas of the setbacks and
side slopes from the existing surface to the water's edge will be
resoiled and revegetated using the methods described in the
existing plan.
The following seed mix will replace the three currently
approved and matches Seed mix E-1 in the existing plan. It is
more cost effective to use one seed mix for the entire area.
This mix will place approximately 41.2 seeds per pound per sq-ft
as prescribed by the NRCS planting guidelines.
Unless specifically discussed below, the reclamation methods
described and approved in the approved permit application, will
remain unchanged. The following text explains the changes to the
reclamation plan as proposed in this amendment. Reclamation will
run concurrent with mining as the site is developed to reduce the
amount of reclamation required at any -one time.
Currently, the mine site is split into 3 areas; Area A -
where mining has ended and backfilling is taking place; Area B -
where mining is taking place and Area C - that is primarily
irrigated agricultural land. The current in site uses are mining
area, backfill area, irrigated corn, and oil & gas operations
areas and farm yard. There is little or no native vegetation
present on the amendment area. Most of Areas B and C were farmed
for many years and vegetation cover on them was consistent with
farmed areas. The typical Vegetation descriptions in ExHIBITI/J
9
EXHIBIT E RECLAMATION PLAN (cONT)
will not match these agricultural use areas. The RECLAMATIONPLAN
MAP shows the sloping plan and areas that will be revegetated
around each reservoir area in this plan. Area A will be graded
and prepared for use as an oil and gas drilling platform for the
area around the mine. It will be temporarily seeded if it is not
put into use within a year of backfilling ending. Figure E-1
following the Reclamation Timetable is a color rendition of the
reclamation plan showing the various final land forms on the
Reclamation Plan Map.
The current post mining land uses are listed as developed
water storage reservoir, rangeland (Area B) and as potential
developed/agriculture area (Area A). The areas around the
developed water reservoirs will remain unchanged but Area A will
be changed to oil and gas drilling platform/rangeland. The
setbacks and side slopes from the existing surface to the waters
edge will be resoiled and revegetated using the methods described
in the existing plan.
The following seed mix will replace the three currently
approved and matches Seed mix E-1 in the existing plan. It is
more cost effective to use one seed mix for the entire area.
This mix will place approximately 41.2 seeds per pound per sq-ft
as prescribed by the NRCS planting guidelines.
PROPOSED SEED MIX
Species
Big Bluestem (Champ)
Blue Gana (Hachi t a)
Switchgrass (Blackwell)
Vest er n Meat gr ass ( Ar i bba)
Lbs. PLS/Acre
2.50
0. 60
1.75
5. 00
TOTALS 9.85
The reclamation timetable shows the types and amount of land
in each area when reclamation is complete. Approximately 8% of
the area in the permit will not be disturbed by mining, because
it is in setbacks around well facilities, gaslines, along
ditches, and various utility and road ROW's.
As mining progresses, the perimeter slopes will be back -
filled and graded at, or flatter than, the 3h to lv sloping as
discussed in the MINING PLAN. This will ensure that when mining
ceases, only a minor amount of work will have to be done to
finish reclamation in the disturbed area. The placement of the
soil stockpiles around the setback/perimeter of the mined area or
replacing it on a finished slope as it is removed is designed to
minimize the effect of mid -plan stoppage. This will place the
topsoil where it will be needed for reclamation and will reduce
10
EXHIBIT E RECLAMATION PLAN (cowl
the distance it has to be hauled for reclamation. Usually, this
will mean it simply has to be shaped and graded.
We expect to salvage sufficient topsoil to meet reclamation
requirements. Of the 121.4 acres ± in the mined area, 36.1 acres
± or approximately 29.74% will need resoiling and revegetation.
Observations at the site show that topsoil on the property has a
salvageable depth of 6 to 9 inches, averaging 8 inches except in
isolated locations. There appears to be more than adequate soils
to meet the resoiling demand for this site. Setback areas will
not be stripped, so only the disturbed portion of the setbacks
and the upper slopes of the reservoir perimeter will have to be
resoiled. A graveled area will be left around each gas/oil well
if it remains and the oil and gas drill platform in Area A where
no seeding or resoiling will take place. This will provide room
around each well to service it as needed by the well owners.
It is possible that the 5 existing oil and gas wells will be
plugged and the associated flow lines will be abandoned before
mining ends. If this happens we plan to mine the gravel from
those areas. This will create more reservoir storage and reduce
the amount of revegetation needed. As noted in the Mining Plan,
a Technical Revision will be filed to update the Reclamation Map
and explain removal of the wells.
Some inert fill (as defined in Colorado Department Public
Health and Environment regulations) has been imported for recla-
mation purposes. On -site generated inert material will be used
for bank sloping, buried in Area A or will be recycled. An
intent to import, letter and an Inert Materials Affidavit is on
file with the Division to address the importation of material to
the mine.
Existing soils in place have been capable of producing a
fairly dense cover of irrigated crops and should be suitable for
reclaiming the above -water areas as rangeland. These areas will
be returned to at least their present vegetative condition when
reclamation is complete. Under normal conditions, the operator
will strive for a 30 to 40 percent cover rate on the revegetated
areas when reclamation is complete.
Average weather conditions should supply adequate moisture
reserve for establishment of the proposed seed mixture. No
irrigation will be used during reclamation since the plan is to
establish a vegetation cover that is not dependent on irrigation
to survive.
11
EXHIBIT E RECLAMATION PLAN (cowl
Opt i on 2
If this option is used prior to DRMS permit release, the
operator will file a Technical Revision with the Division showing
the specific development plans for the site and supply a revised
Map Exhibit F - Reclamation Plan Map. The filling may take place
during and after mining ends and the site will be operated as an
Inert Material landfill until it has been completely backfilled.
However, it may take 10-20 years after mining ends in a given
area before enough Inert Fill material is delivered to completely
fill the lined areas. So, rather than having a reclamation time
period of 10-20 years, the operator may ask for DRMS permit
release once the reservoir liner is complete and approved (by the
SE0), the grading, sloping and seeding are all completed as per
DRMS requirements. Then the operator can conduct the Inert Fill
operation strictly under local requirements.
If the Inert Fill Material backfilling starts while the mine
is still operating, the operator will conduct the operation as
follows. The operator would use inert fill materials to backfill
the excavated areas and level the property close to its original
elevations and sloping. The imported inert materials would be
materials as defined in Colorado Department of Health Regulations
as "Inert material", i.e. old concrete, asphalt, dirt, sand and
gravel, masonry products and rubble from construction sites. At
this time, the plan is to begin filling on the north end of the
lined area and work south. As the material arrives the driver
will be directed to an area where fill is being placed. The
material will be inspected, and if acceptable, it will be pushed
into the hole using either a front-end loader or bulldozer.
Finer fill and topsoil will be segregated and saved so it can be
used later as a cap over the coarse materials.
No specific compaction rate is proposed due to the varying
sizes of materials. Adequate compaction takes place during
filling as the heavy equipment used to push the material into the
hole and the trucks delivering it will cross over the fill
material repeatedly. As filling progresses across the site, any
finer materials delivered to the site will be stockpiled to
supplement what exists now to use as a final cover. It is
expected that 8-12 inches of growth medium will be placed on the
area for use as a seed bed. After filling and re -soiling is
complete the area to be seeded with the approved grass mix.
General Recl anat i on for both Options
The liner will be built around the exterior of the excavated
areas of Areas B and C regardless of reclamation option, so that
12
EXHIBIT E RECLAMATION PLAN (cowl
if backfilling ended before the site was completed the side
slopes would be at their final grade of 3h to lv. The filling
face would then be graded 3:1 and covered with fines and seeded.
Certification of the liners would be sought to address the
evaporation loss issue and the areas within the lined area would
be reclaimed. This way the Division would not have to import
material to backfill the excavated area.
Access roads will be left around the mine to provide access
for planting crews, and for the supervision and inspection of the
completed reclamation. These roads will remain when mining ends
to ensure the owner's access to the site. Final grading on the
roads will be done before the pit is closed.
Backfilling and grading will be completed as soon as feasi-
ble after mining is completed in a given area. As mining ends,
slope backfilling, grading and shaping of the site will be
needed.
All refuse will be hauled away or disposed of in a manner
that will control unsightliness and protect the drainage system
from pollution. There are no acid-forming or toxic materials
involved with the operation.
Final revegetation will be done by the end of the second
fall after filling is completed. The area will be monitored for
success of revegetation until accepted by the Division for
release. If revegetation failures occur prior to release, an
analysis of the site will be made and the area will be revege-
tated again as necessary.
Reclanation Timetable
The numbers presented below represent our estimate of the
various areas of disturbance in the mine area. They may change
as the actual mining progresses through the site. If the Inert
Fill Material option is chosen, it could take 10 to 20 years
after mining ends in each area for backfilling to be completed
but resoiling and revegetation will be on -going as areas are
filled and resoiled.
13
EXHIBIT E
RECLANWTI ON TI NETABLE
AREA
Area A
Area B
YEARS
3-5
3-5
TOTAL
10.60
54.40
RES-
ERVOIR
AREA
0.0
34.30
ACRES
REVE6
E-
TATION
0.0
15.80
±
ROAD
10.3
0
2.50
MISC.
(DITCHES,
UNDISTURBED
AREAS, ETC.)
0.30
1.80
RESERVOIR
LINER VOL-
:IMF (YDS)
0.00
309,190
Area C
3-5
56.40
34.50
10.40
4.40
7.10
363,537
TOTALS
121.4
68.8
26.2
17.2
9.2
672,727
RECLAMATION PLAN (cow)
14
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Exhibit G - WATER INFORMATION
There is no change to the baseline water information pre-
sented from 2001. The water discussion at that time addressed
the needs, uses and surrounding conditions for the general area
and will apply to the expansion of the mining area.
Table G contains a list of all wells within 600 feet of the
amended permit area. The shaded wells are within 200 feet and
are shown on the map exhibits. Map Exhibit G-1 shows the loca-
tion of the well listed on Table G.
The original report notes that domestic water serves all
residence for the neighboring properties.
There are no jurisdictional wetlands on the new area,
therefore no 404 permit is needed.
Attached is a copy of the approval letter from the Office
of the State Engineer for the Substitute Water Supply Plan
covering this mine. It will be updated and revised as needed if
at any time it is determined there is more exposed ground water
or increased production over the limits in the approved plan.
16
WATER INFORMATION (CONT)
O
2
w
Table G - WATER WELL WITHIN 600 FEET OF PERMIT LINE
MAILING CITY
LONGMONT
LONGMONT
LONGMONT
BERTHOUD
MAILING ADDRESS
O1O RICK PARSONS
4729
WEST 32ND AVENUE
7321 E 88TH AVENUE
SUITE 200
6056 WCR 26
/
12148 WELD CNTY RD
13
/
266 BASHER DR
FULL NAME
L G EVEREST
INC
L G EVERIST
INC
BROOKS, DA-
VID
BROOKS, OTTO
DAVID
GOULD. LEE
SEWALD,
FRANK
J A R HOLD-
INGS LLC
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4446816
4447201
4447191
4447207
4447357
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Copyright -(C) 20Q$„W1uTopo
Name: GOWANDA (CO)
Date: 06/07/16
Scale: 1 inch = 1,000 ft.
MINE LOCATION: PARTS OF THE
NE/4NW/4, SE/4NW/4, SW/4NW/4 AND
NW/4NW/4, SECTION 6, T -2-N, R -67-W,
6TH P.M., WELD COUNTY,
COLORADO
L.G. EVERIST, INC.
CARBON VALLEY RESOURCE
MAP EXHIBIT G-1
WATER WELLS
18
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WATER RESOURCES
February 10, 2016
Mr. Rick Parsons, P.E.
Parsons Water Consulting, LLC
4729 W 32nd Avenue
Denver, Co 80212
John W. Hickenlooper
Governor
Mike King
Executive Director
Dick Woke, P.E.
Director/State Engineer
Re: L.G. Everist Combined Substitute Water Supply Plan (WDID 0202618)
Carbon Valley Pit (formerly Lohmann Pit), DRMS No. M-2001-017 (WDID 0503003)
Rinn Valley Pit, DBMS No. M-1997-093 (WDID 0503004)
Firestone Pit, DRMS No. M-1996-052 (WDID 0503005)
Ft. Lupton Sand and Gravel Pit, DRMS No. M-1999-120 (WDID 0203040)
Star Water Resource (formerly Feit Pit), DRMS No. M-1977-522 (WDID 0303000)
Water Division 1, Water Districts 2, 3 and 5
Approval Period: January 1, 2016 through December 31, 2017
Contact Phone Number for Mr. Rick Parsons: 303-667-5067
Contact Email Address for Mr. Rick Parsons: rick.parsons@parsonswater.com
Dear Mr. Parsons:
This letter is in response to your letter dated November 16, 2015, requesting renewal of the
above referenced substitute water supply plans to cover depletions caused by gravel mining operations
at multiple mine sites operated by L.G. Everist ("Applicant") along the South Platte River mainstem,
the Saint Vrain Creek and the Cache La Poudre River. The required fee of $1285 (5 x $257) was
submitted on November 24, 2015 (receipt # 3672425). This plan proposes to replace depletions
resulting from current and past mining at the five sites as specified in Tables A and B below:
TABLE A - GRAVEL PIT SUMMARY
Site Name
WDID
DRMS
Permit
Number
Previous
SWSP
Approval
Current
Well
Permit
Number
Exposed
Surface
(acres)
New
Permit
Req;ired
.
Carbon Valley Pit
(formerly Lohmann
Pit)'
0503003
M-2001-017
2/27/2014
70326-F
3.0
No
Rinn Valley Pit
0503004
M-1997-093
2/27/2014
78127-F
6.4 (only
for 2016)
No
Firestone Pit
0503005
M-1996-052
2/27/2014
78129-F
16.3
Yes"
Fort Lupton Sand
and Gravel Pit
0203040
M-1999-120
2/27/2014
78125-F
22.3
Yes***
Star Water
Resources
(formerly Feit
Pit)****
0303000
M-1977-522
2/27/2014
74929-F
2.2
No
* Carbon Valley Pit (formerly Lohmann Pit) will be referred in this plan as the Carbon Valley Pit
Office of the State Engineer
1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303 866-3589
www.water.state.co.us
Mr. Rick Parsons, P.E.
L.G. Everist Combined SWSP
Page 2 of 14
February 10, 2016
**Firestone Pit's projected operations are not currently permitted by the existing permit
' The DRMS permitted boundary for the Fort Lupton Sand and Gravel Pit (M1999-120) was
amended to incorporate the Lupton Meadows Pit DRMS M-2002-104 previously included in this
SWSP. Projected operations at Fort Lupton Sand and Gravel Pit are not currently permitted by the
existing permit
****Star Water Resources (formerly Feit Pit) will be referred in this plan as the Star Water Resources
Pit
TABLE B - GRAVEL PIT LOCATION
Site Name
Location
Stream Reach
Carbon Valley Pit
Sections 6, T2N, R67W
Saint Vrain Creek
Rinn Valley Pit
Sections 10, T2N, R68W
Saint Vrain Creek
Firestone Pit
Section 32, T3N, R67W
Saint Vrain Creek
Fort Lupton Sand and
Gravel Pit
Section 25, 2N, 67W and Section 30,
T2N, R66W
South Platte River
Star Water Resources
Section 26, T6N, R66W
Cache La Poudre
The liner for the Rinn Valley Phase 3 Reservoir (WDID 0504005) was approved by the State
Engineer's Office in December 2010 and the liner of the Everist's Star Water Resource Reservoir (WDID
0303325) was approved by the State Engineer's Office on December 16, 2014 (amended March 6, 2015). A
water storage right for Everist's Star Water Resource Reservoir is pending before the water court in case
no. 2013CW3168. Additionally, another cell within the former Lupton Meadow Pit site (DRMS M2002-104)
identified as Everist Reservoir No. 1 was lined and has storage rights decreed in case no. 2013CW3080.
L. G. Everist anticipates to actively mine in 2016 and 2017 the following sites: Carbon Valley Pit,
Rinn Valley Pit, Firestone Pit on Saint Vrain Creek and Fort Lupton Sand and Gravel Pit (include cells
previously identified as within Fort Lupton Pit and Lupton Meadows Pit) on the South Platte River. Mining
at Rinn Valley Pit will cease after August 2016 and mining at Carbon Valley Pit will cease after August
2017, however replacement of lagged depletion associated with these sites will continue to be replaced
under this SWSP. Although this SWSP assumes no reduction in the ground water exposed surface area at
the Rinn Valley Pit and Carbon Valley Pit, the currently exposed surface areas will be gradually backfilled
prior to cessation of the mining operations or will be lined in accordance with the State Engineer's lining
criteria. The accounting will indicate the actual measured values during the mining operations.
Depletions resulting from dewatering, evaporation and mining operations at these sites are replaced
under this plan. Water use at these sites during the period of this plan will include dewatering,
evaporation from exposed groundwater, aggregate production, dust control and concrete batching.
During the period of this SWSP L. G. Everist will not actively mine Star Water Resources. A
December 2014 survey at the site indicated that approximately 2.2 acres are currently exposed beyond
the pre -1981 acreage. According to the information provided, a total of 6.1 acres of groundwater was
exposed within the Star Water Resources reclamation permit boundary prior to January 1, 1981.
Based on the Division 1 Water Court decision in case no. 2009CW49, the replacement of evaporative
depletions is not required for ground water exposed to the atmosphere prior to January 1, 1981
through open mining of sand and gravel, regardless of whether open mining operations continued or
were reactivated on or after that date. Accordingly, the evaporative depletions for the Star Water
Resources were calculated based on an exposed surface area of 1 acre exposed after December 31,
1980. The area receiving the pre -1981 credit is shown on the attached map and is the same area
shown in the last SWSP approval for the Star Water Resources (Feit Pit). The area to receive the
pre -81 credit is tied to the physical location as depicted in map and cannot be relocated.
20
Mr. Rick Parsons, P.E. February 10, 2016
L.G. Everist Combined SWSP
Page 3 of 14
Mining depletions from Carbon Valley Pit, Rinn Valley Pit and Firestone Pit are estimated to
affect the Saint Vrain Creek below the Last Chance Ditch headgate. Mining depletions from Fort
Lupton Sand and Gravel are estimated to affect the South Platte River above the Meadow Island Ditch
No. 1 headgate. Mining depletions from Star Water Resources are estimated to affect the Cache La
Poudre River at a point approximately eight miles upstream from the confluence with the South Platte
River. The proposed replacement sources for these pits are Rural Ditch Company shares and Lupton
Bottom Ditch shares during the summer months. During the winter months and for portions of the
summer months where Rural Ditch Company shares and Lupton Bottom Ditch shares are not sufficient
the depletions will be replaced by releases of water stored in the Rinn Valley Phase 3 Reservoir (WDID
0504005), Star Water Resource Reservoir (WDID 0203932) and, if needed, nontributary Laramie -Fox
Hills water withdrawn from well nos. 77371-F, 77372-F, 77373-F, and 77374-F.
In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado Division
of Reclamation, Mining, and Safety ("DRMS"), all sand and gravel mining operators must comply with
the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for the
protection of water resources. The April 30, 2010 letter from DRMS requires that you provide
information to DRMS to demonstrate you can replace long term injurious stream depletions that result
from mining related exposure of ground water. The DRMS letter identified four approaches to satisfy
this requirement.
In accordance with approach no. 4, you have provided an affidavit dated November 18, 2015
that dedicates the 1.41 shares of the Rural Ditch water and 1 Lupton Bottom Ditch share for 2016 and
1.41 shares of the Rural Ditch water and 1 Lupton Bottom Ditch share for 2017 as replacement water
solely for this SWSP. A copy of the affidavit is attached to this letter. For the purposes of this SWSP,
this affidavit will be accepted for the dedication of the shares; however, if the State Engineer
determines that a different affidavit or dedication process is necessary to assure proper
dedication of the shares, additional information may be required prior to future SWSP approvals.
In accordance with approach nos. 1 and 3, you have indicated that a bond has been obtained
for each site that can cover the cost of lining of each site to prevent the exposure of ground water.
The current bond amount for each pit is shown in Table C below.
TABLE C - DRMS Bonding
Site Name
DRMS #
Bond Amount
Final Reclamation
Carbon Valley Pit
M-2001-017
$665.800
Compacted Clay Liner
Rinn Valley Pit
M-1997-093
$548,000
Compacted Clay Liner
Firestone Pit
M-1996-052
$509,900
Compacted Clay Liner
Fort Lupton Sand
and Gravel
M-1999.120
$2,002,400.00
Slurry Walls
Star Water
Resources
M-1977-522
$1,066,000
Slurry Wall and Pre -81 Pond
21
Mr. Rick Parsons, P.E.
L.G. Everist Combined SWSP
Page 4 of 14
Depletions
February 10, 2016
The depletions resulting from evaporation, water lost in product, dust control and concrete
production are shown in Table D below:
TABLE D - DEPLETION SUMMARY
Site Name
Evaporation
Loss
(ac -ft)
Product
Moisture Loss
(ac -ft)
Dust Control
(ac -ft)
Concrete
Production
(ac -ft)
Total
Depletions
(ac -ft)
Total Net
Depletions***
(ac -ft)
2016
2017
2016
2017
2016
2017
2016
2017
2016
2017
2016
2017
Carbon Valley
Pit
7.8
5.9
2.9
1.9
1.0
1.0
0.0
0.0
11.7
8.8
+9.4
-369.7
Rinn Valley Pit
12.4
0.0
10.6
0.0
1.0
0.0
0.7*
0.0
24.8
0.0
-61.3
-11.4
Firestone Pit
42.3
42.3
30.9
30.9
1.0
1.0
12.3**
13.0"
86.6
87.3
-82.1
-74.2
St. Vrain Creek Net Depletions
-134.07
-455.3
Fort Lupton
Sand and
Gravel Pit
66.7
66.7
41.2
41.2
1.0
1.0
0.0
0.0
108.9
108.9
-96.31
-104.14
South Platte River Net Depletions
-96.31
-104.14
Star Water
Resources
6.5
6.5
0.0
0.0
1.0
1.0
0.0
0.0
7.5
7.5
-7.38
-7.45
Cache la Poudre River Net Depletions
-7.38
-7.45
Total Neb Depletions
-237.76
-56'6.89
* Based on 4,675 tons of concrete production and 50 gallons of water per ton of concrete
**Based on 80,325 tons of concrete production for 2016 and 85,000 tons of concrete production for
2017 and 50 gallons of water per ton of concrete
"`The total net depletions include accretions credits or depletions from dewatering. The total net
depletions for 2016 and 2017 for all pits were taken from Tables 8, 9, 10, 12, and 14 (attached)
(+) represent net accretion to river and (-) represent net depletion to river
The net evaporation for the Firestone Pit includes a credit of 0.60 acre-feet of consumptive use
of ground water associated with the partial subirrigation of the historically irrigated acreage. No other
phreatophyte credit was applied to the other sites. Although depletions estimated in this SWSP assume
year-round evaporation depletions, computation of evaporation under this plan may be reduced during
the ice covered periods, based on average monthly temperatures less than 32°F taken from the
Longmont 2ESE weather station for the Saint Vrain Pits, the Fort Lupton 2SE station for the South
Platte Pits, and the Greeley UNC weather station for the Cache La Poudre site. For the purpose of this
SWSP, the Applicant shall replace the net evaporation depletions from the exposed ground water
surface area that may occur during the assumed ice covered period for any time that the pits are not
completely covered by ice. The accounting for the SWSP shall be based on measurement of actual ice
cover.
Computation of the net evaporation during any time that the pits are not completely covered
by ice shall be determined as the pro -rata amount of the monthly gross evaporation rate distribution
amount identified in the State Engineer's General Guidelines for Substitute Supply Plans for Sand and
Gravel Pits, subtracting the pro -rata amount of the effective precipitation for that period.
The material excavated from the gravel pit areas will be washed on site. The consumptive use
of water associated with excavated material is dependent on the location of the material with respect
22
Mr. Rick Parsons, P.E.
L.G. Everist Combined SWSP
Page 5 of 14
February 10, 2016
to the water table. According to the "General Guidelines for Substitute water Supply Plans for Sand
and Gravel Pits" the product moisture loss is calculated as four percent by weight of mine material
excavated below the ground water table and two percent by weight for the mined material excavated
above water table. The Applicant anticipates 2016 mining production at the Carbon Valley Resource,
Rinn Valley Pit, Firestone Pit and Fort Lupton Sand and Gravel to be 200,000 tons, 380,000 tons,
1,200,000 tons and 1,600,000 tons respectively. For 2017, production at these same sites is
anticipated to be 128,000 tons, 0 tons, 1,200,000 and 1,600,000 tons, respectively.
Water used for dust control at Carbon Valley Pit, Rinn Valley Pit, and Firestone Pit will come
from water originally pumped from the pits for dewatering. Water used for dust control at the Fort
Lupton Sand and Gravel was previously used from an existing alluvial well, permit no. 57957-F (WDID
0205018 DI TIRRO WELL 2), located outside of the approved slurry wall on the Fort Lupton Pit site.
Well permit no. 57957-F is no longer being used for dust control, as Everist has a re -circulating water
system at the site where reusable water is pumped from lined cells to wash material and for dust
control.
Continuous dewatering operations at Carbon Valley Pit, Rinn Valley Pit, and Firestone Pit are
occurring in order to facilitate dry mining conditions. This water is used for dust control at these pits,
and is used for concrete production at the Rinn Valley pit. All other water pumped for dewatering is
returned immediately to the river system. The applicant has performed a lagged water balance for
these operations and account for the lagged depletions which is offset by monthly net accretions.
Totalizing flow meters have been installed and monthly meter readings showing dewatering volumes
were reported on the 2014-2015 submitted accounting.
A stream depletion model using the Glover method was used to calculate the lagged depletions
to the River. The alluvial aquifer model uses four aquifer input parameters for each site as follows: 1)
X -distance from centroid of the well to the river, 2) W -distance from the aquifer boundary through the
well to the river channel, 3) T-transmissivity of the alluvial aquifer (in gallons per foot/day) between
the well and the river, and 4) S -specific yield. The following parameters for each site listed in the
table below were used in the model:
TABLE E - AQUIFER CHARACTERISTICS
Site Name
T
X
W
S
Carbon Valley Pit
50,000
2,000
4,173
0.2
Rinn Valley Pit
125,000
715
4,173
0.2
Firestone Pit
72,300
2,210
2,262
0.2
Fort Lupton Pit
90,000
300 to 1,200
4,500 to 7,996
0.2
Star Water
Resources
120,000
558
4,300
0.2
Replacements
Saint Vrain Creek
L. G. Everist owns 8.45 shares of the Rural Ditch Company. Of the 8.45 shares of the Rural
Ditch (WDID 0600551) water, 1.41 shares will be available for replacement in this SWSP for 2016 and
2017. On January 15, 2016 you submitted a historical consumptive use ("HCU") analysis. The 1.0 Rural
Ditch share previously included in the SWSP associated with the Rinn Valley Pit was removed from the
plan. However this SWSP will make replacement of the remaining return flow obligations (January
through April) from the use of the 1.0 Rural Ditch share associated with the Rinn Valley Pit in the
previous SWSP (see Table 16).
23
Mr. Rick Parsons, P.E.
L.G. Everist Combined SWSP
Page 6 of 14
February 10, 2016
The period of analysis selected for the 1.41 shares included in this SWSP is 1950 through 1997.
For this period, diversion records for the Rural Ditch were downloaded from Hydrobase using Use 1
(irrigation) and Source 1 (river). Daily diversions for the Rural Ditch were adjusted to include only the
diversion up to 83 cfs, the sum of the two senior Rural Ditch irrigation rights. The 58 -year study period
is representative of wet, average and dry years evidenced in the Saint Vrain Creek and the South
Platte River Basin. The 1.41 shares of the Rural Ditch were historically used on 77 -acre Lohmann
property located in the NW1 /4 of Section 6, Township 2 North, Range 67 West of the 6" P.M. (Figure
1). The land historically irrigated by the 1.41 shares is the same land that is currently being mined at
the Carbon Valley Pit. Thus all of the lands historically irrigated by the subject shares have been
permanently dried up due to the mining operations.
The HCU analysis conducted for the 1.41 Rural Ditch relied on the following method and assumptions:
• Modeling using the State CU and the Modified Blaney-Criddle method with the TR-21 crop
coefficients.
• The total structure daily diversion records were limited to the period of proposed April 1 through
October 31.
• Soil Conservation Service methodology for calculation of effective precipitation. The soils on the
Lohmann property include predominantly Heldt silty clay on 1 to 3 percent slopes with some
Aquolls and Aquents gravels. Available water content of the soils as reported by National
Resource Conservation Service ("NRCS") Web Soil Survey averages 0.155 inches per inch.
• Assumed ditch loss of 15 percent.
• Temperature and precipitation data were taken from the Longmont 2 ESE climate station (ID 5116).
The Longmont climate station is located approximately 7 miles from the Lohmann property.
• From a 1999 aerial photo, approximately 34 acres were identified as irrigated on Lohmann
property. This quantification corresponds with information provided in an affidavit regarding the
usage at the Lohmann property (attached to this letter). There appeared to have been additional
consumptive use on the lands marked as questionable on the figure included with the affidavit.
However, these lands are not included in this HCU analysis.
• As noted in the affidavit the land was flood and furrow irrigated and the crops grown were alfalfa,
corn and barley through 1972 and alfalfa and corn thereafter.
• The Applicant proposed a maximum irrigation efficiency of 55 percent for flood and furrow
irrigation for the crops grown on the Lohmann property.
• Return flows assumed to be 33 percent ground water and 67 percent surface water. Ground water
return flow was analyzed using AWAS software based on the Glover methodology according to the
parameters summarized in Table F.
Table F- Summary of Glover Parameters
Distance from
Farm to River (ft)
Distance from
boundary (ft) to River
Transmissivity
(gpd/ft)
Specific Yield
2,000
4,173
50,000
0.2
The HCU results are summarized in Table G.
Table G- 1.41 Rural Ditch HCU Results
Month
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Total
Farm Headgate
Delivery
0
0
0
0.6
16.6
28.2
42.5
27.8
11.1
2.3
0
0
129.1
24
Mr. Rick Parsons, P.E.
L.G. Everist Combined SWSP
Page 7 of 14
February 10, 2016
On Farm Depletion
of Surface Water
0
0
0
1.4
7.5
14.5
16.8
12.9
6.9
1.5
0
0
61.6
Surface Return
Flows
0
0
0
0.2
5.4
9.4
15.3
10.0
3.9
0.9
0
0
45.2
Ground Water
Return Flow
0
0
0
0.1
2.7
4.7
73
4.9
1.9
0.5
0
0
22.2
Lagged Ground
Water Return Flows
1.5
1.3
1.1
0.9
1.0
1.5
2.3
3.1
3.1
2.6
2.1
1.7
22.2
Total Return Flows
1.5
1.3
1.1
1.1
6.4
10.9
17.6
13.1
7.0
3.5
2.1
1.7
67.4
Average Net
Depletion
-1.5
-1.3
-1.1
-0.6
10.2
17.3
24.9
14.8
4.0
-1.2
-2.1
-1.7
61.6
Return Flow Factor
1.1%
1.0%
0.8%
0.4%
61.3%
61.3%
58.6%
53%
36.3%
1.0%
1.6%
1.3%
NA
Return flow factors for the months of October through April are the percentage of the prior year's farm headgate delivery;
those from May through September are the percentage of the month's farm headgate delivery.
Based on the historical study period of 1950 through 1997, Table G above provides a monthly
summary of the estimated yield associated with the subject 1.41 Rural Ditch shares. The projected
annual farm headgate delivery of the subject 1.41 Rural Ditch shares is estimated to be 129.1 acre-
feet. The dry -year HCU analysis for the 1.41 shares was determined to be 76.2 acre-feet for 1977
which is greater than the long-term average. The average over 1954-1957 drought was determined to
be 64.9 acre-feet. Therefore the average years were used in the HCU analysis. The historical return
flow obligation of the 1.41 Rural Ditch shares will be maintained by the plan. LG Everist operates an
augmentation station from the Rural Ditch to the St. Vrain (WDID 0502305). The delivery location is
below the Last Chance Ditch headgate and above downstream calling water rights located on the
South Platte River.
You indicated that dry -mining operations at the Rinn Valley Pit site require dewatering at the
mining cells and part of the dewatering water is run through the wash plant to process excavated
material. There are times when the dewatering trenches at a portion of the Rinn Valley Pit mining site
are dry, thus preventing the operator from running the wash plant. Therefore you requested approval
to allow L.G. Event to run its changed Rural Ditch water to the mining site to operate its wash plant.
You have also requested approval to allow L.G. Everit to use its changed Rural Ditch water for uses
associated with the mining operations at the Carbon Valley Pit and Firestone Pit since the three sites
are close to one another on the south side of the Saint Vrain Creek. The shares would be used directly
at Carbon Valley Pit or Firestone pit.
We have reviewed your request and determined that since the Rural Ditch water dedicated to
this SWSP was changed as part of the combined plan to allow for use at the Rinn Valley Pit, L.G.
Everist is allowed to run its changed Rural Ditch water through the wash plant to process excavated
material and potentially use the water at the Carbon Valley Pit and Firestone Pit for uses associated
with the mining operations at these sites, provided return flow obligation for the delivery of the Rural
Ditch water are maintained by the combined plan, and the use of the Rural Ditch water for
augmentation and direct use in the wash plant and other mining operations uses is properly accounted
for. In addition L.G. Everist needs to demonstrate that sufficient replacement water sources are
available to replace depletions at the Rinn Valley Pit, Carbon Valley Pit and Firestone Pit sites. The
approval to run the Rural Ditch water through wash plant and for other mining operations uses is for
the 2016 and 2017 irrigation season. Diversion of the Rural Ditch water through wash plant and for
other mining operations uses is limited to the historical average diversions and return flow must be
calculated using the return flow factors listed in Table G above.
25
Mr. Rick Parsons, P.E.
L.G. Everist Combined SWSP
Page 8 of 14
February 10, 2016
L.G. Everist has fully reusable supplies stored in the Rinn Valley Phase 3 Reservoir and Star
Water Resource Reservoir. The Rinn Valley Phase 3 Reservoir exercised its first fill and most of its
refill water rights decreed in case no. 2005CW315 during the 2015 water year. The liner for the Star
Water Resource Reservoir was approved on December 16, 2014 and water was stored in priority with
the water commissioner's approval during April 2015. As of November 1, 2015 these was approximately
357 acre-feet of water stored in the Rinn Valley Phase 3 Reservoir and 845 acre-feet stored in the Star
Water Resource Reservoir. This water is available among other uses for augmentation purposes in this
SWSP. The amounts of storage water in the Rinn Valley Phase 3 Reservoir and Star Water Resource
Reservoir projected for use for replacement purposes during the period of this SWSP is presented in
Table 5 below (taken from the SWSP report):
Table 5
L.G. Everist Reusable Storage Supplies Summary
Rinn Valley Phase 3
Star Water Resource
Total
2016
As of Nov 2015
357 acre-feet
845 acre-feet
1702 acre-feet
Used in 2016
362 acre-feet'
391 acre-feet
753 acre-feet
2017
2017 fill
296 acre-feet
260 acre -feel
556 acre-feet
Used in 2017
7 acre-feet
715 acre-feet
722 acre-feet
Remaining"2016
0 acre-feet'
460 acre-feet
460 acre-feet
2017
350 acre -feel
131 acre-feet
480 acre-feet
*Assumes 5 acre-feet rclill to meta B71H 2O16lease deliveries (to simplify see l algorithm
**Portion of eater remaining In 2016 needed for 2017 deliveries
This summary of use of storage includes the additional SWSP demand of 362 acre-feet of
replacement water leased to the Big Thompson Investment Holdings Group during the 2016 calendar
year. According to the 2016 and 2017 proposed accounting for the Saint Vrain Creek Pits (Table 11) no
water from Rinn Valley Phase 3 Reservoir is proposed to be used in this SWSP since the entire amount
in storage and the forecasted refill is leased to Big Thompson Investment Holdings Group ("BTIH") for
their SWSPs (pending case nos. 2012CW179 and 2014CW3046). Although, only releases of water in
storage from Star Water Resource Reservoir was presented in Table 11, the source that will ultimately
be used for both BTIH lease and Everist's SWSP is contingent on the location of the call and location of
uses. Nevertheless sufficient replacement water is available is storage in the Rinn Valley Phase 3
Reservoir and Star Water Reservoir to satisfy both the lease and the replacement requirement under
this SWSP. Releases of replacement water will be made at or above the point of the downstream
calling right. Releases from the Star Water Resource Reservoir (approximately 10 miles upstream of
the South Platte River) will be delivered into the Cache La Poudre River in the SW1 /4 of the SE1 /4 of
Section 26, Township 6 North, Range 66 West, of the 6"' P.M. No transit losses associated with the
releases from Star Water Reservoir were assessed under this SWSP to cover the depletions on the Saint
Vrain Creek since the points of depletions are upstream of the Cache La Poudre River and the South
Platte River confluence. Releases from this Rinn Valley Reservoir to cover the Saint Vrain Creek Pits
will account for the transit losses to Saint Vrain Creek of approximately 3.7 percent based on about 15
river miles from the reservoir releases to Saint Vrain River down to the confluence with the South
Platte River times 0.50 percent per mile summer transit loss and 0.25 percent winter transit loss per
mile. The transit loss percentages are subject to change depending upon current conditions. If transit
losses change they will be communicated by the Division Engineer via email to the Division One Call
List. The applicant shall obtain prior permission from the District 2, 3 and 5 Water Commissioners
when making releases from these reservoirs. Credit will not be given to any releases not measured and
recorded to the satisfaction of the District 2, 3 or District 5 Water Commissioners or Division Engineer.
26
Mr. Rick Parsons, P.E.
L.G. Everist Combined SWSP
Page 9 of 14
February 10, 2016
South Platte River
L. G. Everist owns 2.25 shares of the Lupton Bottom Ditch. Of the 2.25 shares of the Lupton
Bottom Ditch water, 1 share will be dedicated to this plan in 2016 and 2017. The 2.25 shares were
historically used to irrigate 95 acres of corn and small vegetables. The land historically irrigated by
the 2.25 shares is the same land that is currently being mined at the Ft. Lupton Sand and Gravel Pit.
Assuming a 10% ditch loss and a 55% irrigation efficiency, the dry -year consumptive use of the 2.25
shares was determined to be 136 acre-feet. The prorated consumptive use and return flows for the 1
share is 60.4 acre-feet. The Lupton Bottom shares will be delivered back to the South Platte River at
either the augmentation station located just north of WCR 14.5 (WDID 0202917) or the East Lateral
Ditch into Little Dry Creek (WDID 0202307). The East Lateral Ditch into Little Dry Creek augmentation
station is preferred for all releases, and if the WCR 14.5 augmentation station is used, the Applicant is
required to first contact the District 2 Water Commissioner. Due to the distance from the
augmentation station to the river, the Water Commissioner may assess transit losses on the amount
released from the WCR 14.5 augmentation station.
Replacements will also be made from the Star Water Resource Reservoir when there is no call
on the South Platte River between the Ft. Lupton Sand and Gravel Pit and the confluence of the South
Plate River and Saint Vrain Creek. Transit losses from a point directly east of the reservoir on the
South Platte River will be 0.50 percent per mile summer transit loss and 0.25 percent per mile winter
transit loss. The transit loss percentages are subject to change depending upon current conditions. If
transit losses will change they will be communicated by the Division Engineer via email to the Division
One Call List.The applicant shall obtain prior permission from the District 2 and 3 Water
Commissioners when making releases from this reservoir. Credit will not be given to any releases not
measured and recorded to the satisfaction of the District 2 and 3 Water Commissioner or Division
Engineer.
During times a winter call on the reach of the South Platte (i.e., the Milton Reservoir storage right
at the Platte Valley Canal Headgate), replacement supplies will be from L.G. Everist Laramie Fox Hills
wells. The nontributary Laramie -Fox Hills aquifer water will be withdrawn by existing wells pursuant to
permit nos. 77371-F, 77372-F, 77373-F, and 77374-F. The wells are currently permitted for industrial,
commercial and augmentation use and are allowed a combined average annual withdrawal of 241.66
acre-feet and a pumping rate of 150 gpm. The wells are further described in the following Table F. The
Applicant's accounting includes the 2% relinquishment requirement for the nontributary Laramie -Fox Hills
water.
TABLE F - L.G. EVERIST LARAMIE FOX HILLS WELL SUMMARY
Well Field WDID
0204101
0204101
0204101
0204101
Well Field Name
EVERIST LFH WL
FLD
EVERIST LFH WL
FLD
EVERIST LFH WL
FLD
EVERIST LFH
WL FLD
Well WDID
0210211
0210212
0210213
0210375
Well Name
EVERIST LFH
WELL 77371-F
EVERIST LFH
WELL 77372-F
EVERIST LFH
WELL 77373-F
EVERIST LFH
WELL 77374-F
Relevant Well
Permit
77371-F
77372-F
77373-F
77374-F
Well Location
SW, NE SEC 30,
2N, 66W
NW, NW SEC 24,
1S 65W
NW, NW SEC 30,
2N, 66W
NE, NW SEC 31,
2N, 66W
Aquifer
LAR/FOX HILLS
LAR/FOX HILLS
LAR/FOX HILLS
LAR/FOX HILLS
Allowable AF
Amount
241.66 ACRE FEET COMBINED
27
Mr. Rick Parsons, P.E.
L.G. Everist Combined SWSP
Page 10 of 14
Cache La Poudre River
February 10, 2016
During the period of this SWSP, the Applicant will use water released from Star Water Resource
Reservoir. L.G. Everist has fully reusable supplies stored in the Star Water Resource Reservoir. As
mentioned above a total of 845 acre-feet of water was stored in April 2015. The water in storage is
available for replacement purposes. No transit losses are being assessed to cover the Cache La Poudre
Pit since the reservoir is located on the DRMS permitted boundary of the pit. The applicant shall
obtain prior permission from the District 5 Water Commissioner when making releases from this
reservoir. Credit will not be given to any releases not measured and recorded to the satisfaction of
the District 3 Water Commissioners or Division Engineer.
A monthly breakdown of the stream depletions from the mining operations as well as the
replacements are shown in the attached Tables 11, 13, and 15.
Conditions of Approval
I hereby approve the proposed substitute water supply plan in accordance with Section § 37-90-
137(11), C.R.S. subject to the following conditions:
1. This plan is approved with an effective date of January 1, 2016 and shall be valid through
December 31, 2017 unless otherwise revoked or modified. If this plan will not be made absolute
by a water court action by the plan's expiration date, a renewal request must be submitted to
this office with the statutory fee (currently $257/pit) for each gravel pit no later than November
1, 2017.
2. Well permits must be obtained for the current use and exposed surface area at the Firestone Pit,
and Fort Lupton Sand and Gravel Pit in accordance with §37-90-137(2) and (11), C.R.S. in
conjunction with this plan. Well permit applications were submitted with the SWSP request
(receipt nos. 3672425A and 3672425B) and these applications are pending evaluation. The
provisions of Colorado Revised Statute 37-90-137(2) prohibits the issuance of a permit for a well
to be located within 600 feet of any existing well, unless the State Engineer finds that
circumstances so warrant after a hearing held in accordance with the procedural rules in
2CCR402-5. This hearing may be waived if you are able to obtain statements from the owners of
all wells within 600 feet, verifying that they have no objection to your use of the proposed well.
Should a new well permit be denied for reasons of 600 foot spacing, or any other legitimate
reason, approval of this substitute supply plan may be cancelled.
3. Well permits were obtained for the current use and exposed pond surface area at the Carbon
Valley Pit, Rinn Valley Pit and Star Water Resources in accordance with §37-90-137(2) and (11),
C.R.S., permit nos. 70326-F, 78127-F and 74929-F, respectively.
4. The total area of pond surface exposed for each of the pits shall not exceed those values listed
in Table A of this approval. Should the total surface area exposed exceed those amounts, an
amendment request shall be promptly filed with this office.
5. The total amount of ground water to be appropriated from each of the pits shall not exceed the
values listed in Table D of this approval.
6. Approval of this plan is for the purposes as stated herein. Any additional uses of water must
first be approved by this office. Any future additional historical consumptive use credit given
(e.g., agricultural water transfer) for this site must consider all previous credits given.
7. All pumping for dust control shall be measured in a manner acceptable to the division engineer.
8. All releases from the Star Water Resource Reservoir shall be measured in a manner acceptable
to the water commissioner and division engineer.
28
Mr. Rick Parsons, P.E. February 10, 2016
L.G. Everist Combined SWSP
Page 11 of 14
9. The replacement water, which is the subject of this plan, cannot be sold or leased to any other
entity. As a condition of subsequent renewals of this substitute water supply plan, the
replacement water must be appurtenant to this site until a plan for augmentation is obtained.
All replacement water must be concurrent with depletions in quantity, timing, and location.
10. The name, address, and phone number of the contact person who will be responsible for the
operation and accounting of this plan must be provided on the accounting forms submitted to the
division engineer and the water commissioner.
11. Conveyance loss for delivery of augmentation water to the South Platte River, Saint Vrain Creek
and the Cache La Poudre River is subject to assessment and modification as determined by the
division engineer.
12. The Division Engineer, or his designated representative, will administer all such water
transported in the South Platte River or its tributaries under this SWSP, including water for
replacement of depletions, past intervening headgate to ensure that such water is not
intercepted or otherwise diminished in quantity by diversion, use or other interference by
intervening water rights and to assure that such water remains available and suitable for
Applicant's uses under this SWSP, except when any intervening headgate is diverting the entire
flow of ("sweeping") the river. In the event that delivery past headgate which sweep the river
requires the installation of a bypass structure or the use of an existing bypass structure by
agreement with a third -party, Applicant is responsible for either installation a new bypass
structure with a continuous recording measuring device(s) as approved by the Water
Commissioner or securing an agreement with a third -party to use an existing bypass structure
and providing such information and agreement to the Division Engineer.
13. All diversions shall be measured in a manner acceptable to the Division Engineer. The Applicant
shall install and maintain such measuring devices as required by the Division Engineer for
operation of this SWSP. In addition, the applicant shall maintain daily records of all diversions,
replacements, and the amount of water used for each particular purpose. The applicant shall
provide a report of these records to the division engineer and the water commissioner on a
monthly basis on a form approved by them. The accounting must be submitted to the division
engineer in Greeley (DivlAccounting®state.co.us) and the water commissioners (Brent Schantz
at Brent.Schantz@state.co.us, Shera Sumerford at Shera.Sumerford@state.co.us and Mark
Simpson at Mark.Simpson@state.co.us) within 30 calendar days of the end of the month for
which the accounting is being made. Submitted accounting shall conform to the Administration
Protocol - Augmentation Plan Accounting.
14. The Applicant shall perform an inspection and provide verification that the land associated with
the changed water right in this SWSP has been removed from irrigation during the term of this
SWSP. Verification of dry -up must be in the form of an affidavit signed by an individual with
personal knowledge of the dry -up for the entire irrigation season for each parcel of land
associated with the change of water right in this SWSP. In accordance with the attached
Administration Protocol - Dry -Up of Irrigated Land, the Applicant shall provide a written
notification to the water commissioner and division engineer by April 1, 2016 and April 1,
2017 identifying the lands to be dried-up for the 2016 and 2017 irrigation season. By October
31, 2016 and October 31, 2017, the Applicant shall provide an affidavit to the water
commissioner and division engineer that confirms dry -up during the 2016 and 2017 irrigation
season. A GIS shapefile outlining the dry -up must accompany each affidavit and be emailed to
DivlAccounting@state.co.us for each notification. The shapefile shall include the WDID of the
plan, a delineation of the dried-up land, the acreage of dry -up, and any accompanying
metadata. In addition, the datum must be NAD83 and the UTM projection must be Zone 13.
29
Mr. Rick Parsons, P.E.
L.G. Everist Combined SWSP
Page 12 of 14
February 10, 2016
The historical consumptive use attributed to the changed surface water right(s) under this SWSP
shall not include ground water contributions. As a result, the historical consumptive use
("HCU") credit calculated for the subject water right to be changed by this SWSP shall be
reduced by any ongoing sub -irrigation from ground water. In order to ensure the required dry -
up conditions exist during the approval period of this SWSP, and to ensure no sub -irrigation from
ground water is occurring, the Applicant shall provide records of monthly monitoring of depth to
ground water for all land associated with the change of water right in this SWSP. Information
regarding depth to ground water may be provided using existing irrigation wells, existing or new
monitoring wells, or piezometers located on the dried-up fields. Applicant may utilize wells or
piezometers located within' V4 mile of each field provided that the Applicant can demonstrate
the depth to ground water information available off -site is representative of the depth to
ground water on the dried-up land. The Applicant shall modify its accounting to reduce the
amount of the calculated HCU that may be claimed in this SWSP according to the table below.
Measurements taken at the start of each month will determine the necessary reduction in credit
to be applied during the following month. The Applicant may use another methodology upon
review and prior approval by the state engineer and division engineer. (Construction of
monitoring holes/wells, or piezometers requires that permits or notices be obtained as
described in Table 1 of the Water Well Construction Rules.)
Depth to Ground
Water (Feet)
Percent Reduction in CU Credit'
Native Grass
Alfalfa
1
85%
100%
2
50%
90%
3
30%
75%
4
20%
50%
5
15%
35%
6
10%
20%
7
5%
15%
8
0%
10%
1. Adapted from EVAPOTRANSPIRATION AND AGRONOMIC RESPONSES IN FORMERLY IRRIGATED
MOUNTA N MEADOWS, South Park, Colorado, March 1, 1990; Revised September 1, 1991
15. This substitute water supply plan may be revoked or modified at any time should it be
determined that injury to other vested water rights has or will occur as a result of this plan.
Should this supply plan expire without renewal or be revoked prior to adjudication of a
permanent plan for augmentation, all use of ground water must cease immediately.
16. If reclamation of the mines at the gravel pit sites included in this SWSP produce a permanent
water surface exposing groundwater to evaporation, an application for a plan for augmentation
must be filed with the Division 1 Water Court at least three years prior to the completion of
mining to include, but not be limited to, long-term evaporation losses. If a lined pond results
after reclamation, replacement of lagged depletions shall continue until there is no longer an
effect on stream flow.
17. Dewatering at the Carbon Valley Pit, Rinn Valley Pit, and Firestone Pit will produce delayed
depletions to the stream system. As long as the pits are continuously dewatered, the water
returned to the stream system should be adequate to offset the depletions. However, once
dewatering at the sites cease, the delayed depletions must be addressed. A plan that specifies
30
Mr. Rick Parsons, P.E. February 10, 2016
L.G. Everist Combined SWSP
Page 13 of 14
how the post pumping dewatering depletions (including refilling of the pit) will be replaced, in
time, place and amount along with the evaporation from groundwater exposed at the sites after
the dewatering stops was presented in the proposed plan.
18. The monthly volume of water pumped for dewatering operations must be recorded through a
totalizing flow meter and shown on the submitted accounting sheets.
19. Water shall not be impounded in any lined reservoirs except pursuant to lawful diversions
allowed by statute or decree. At all other times, all inflow of water into the reservoirs from
any source, including precipitation and ground water inflows, shall be removed by the
applicant. The water may be removed from within the lined area and returned to the stream
system through surface flow or ground water recharge without need for replacement, so long as
the operator does not put the water to beneficial use.
20. In accordance with amendments to §25-8-202(7), C.R.S., and "Senate Bill 89-181 Rules and
Regulations" adopted on February 4, 1992, the State Engineer shall determine whether the
substitute supply is of a quality to meet requirements of use to senior appropriators. As such,
water quality data or analysis may be requested at any time to determine if the water quality is
appropriate for downstream water users.
21. The decision of the state engineer shall have no precedential or evidentiary force, shall not
create any presumptions, shift the burden of proof, or serve as a defense in any pending water
court case or any other legal action that may be initiated concerning this plan. This decision
shall not bind the state engineer to act in a similar manner in any other applications involving
other plans, or in any proposed renewal of this plan, and shall not imply concurrence with any
findings of fact or conclusions of law contained herein, or with the engineering methodologies
used by the Applicant.
If you have any questions concerning this approval, please contact loana Comaniciu in Denver at
(303) 866-3581 or Dean Santistevan in Greeley at (970) 352-8712.
Sincerely,
w,it- ;,/
eatherage, P.E.
f of Water Supply
Attachments: Tables 8 through 16
Commitment of Water Supply Affidavit
Dry -up Agreements
Figure 1
Irrigation Water Usage on Lohmann Property Affidavit
Star Water Resources Pre 81 Map
Augmentation Station Map
Administration Protocol - Augmentation Plan Accounting, Division 1 - South Platte River
31
Mr. Rick Parsons, P.E. February 10, 2016
L.G. Everist Combined SWSP
Page 14 of 14
cc: Dean Santistevan, Assistant Division Engineer, Div1Accounting@state.co.us (810 9`h Street, 2nd
Floor, Greeley, Colorado 80631, 970-352-8712)
Shera Sumerford, District 5 Water Commissioner, Shera.Sumerford@state.co.us (1417 25th Avenue,
Greeley, Co 80634, (970) 352-5558)
Brent Schantz, River Operations Coordinator, Brent.Schantz@state.co.us (810 9th Street, 2nd Floor,
Greeley, Colorado 80631, 970-352-8712)
Mark Simpson, Water Commissioner District 3, Mark.Simpson@state.co.us
951 Wheatridge Cir., Loveland, CO 80537; (970) 420-9568
Division of Reclamation Mining and Safety
JD/JMW/idc-Lohmann, Rinn Valley, Firestone, Ft Lupton, Lupton Meadows 8 Feit (16-17).docx
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l;
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o
8
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0
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o 0
0
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m
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m
a
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n N^
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O O
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4
frinnnnnnnnnn
000.000000000
O
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O 0
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m 0
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S'N"?,H1T
•
t
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o §
31,500
29,700
§ o
meennog
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§.
m
11 700
45.900
§ g
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§ §
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1010`4
112,800
115,200
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§a
08
'toots*
oN
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oulai1x•I
A
Ns
e0
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Dec -17
TOTAL 2017
t
6 m
7.
t 2
6.
i
iliz
i°44.1002
35
—i
w
2
5
a
O m
0 R
i 10 C
88888"88888$
Laramie -Fox LFH Transit
Hill Well LFH Credits
Losses
Pumping
8888888888888
6666666666666
8
6
8
0
Star Water
Resource
Delveries
N
N m
Q
m m
m
m
m
0m
V
p
m m
N 0
O
N
Rinn Valley Phase 3 Deliveries
Goldstein Everist SWSP
Lease
8
pq
NONOANIf'l;
N N
N N
p
N N
O
MM
31.63
33.08
p0
NN8
fl fl
N
0
c
N a
'103
J
NONOr1(If.tIN00
1:00060.N,ri
NNNNNNl7n1117
1p
-32.26
-33.54
8
N
m
Rural Ditch
Depletions
me.
9999
-.6
I.,
fl't7C
gcla�8
m
NET DEPLETIONS
Out-ol-
Priority Net
Depletion
"N88m88m„C^�
N,
6 6
O,7
N
N
O
q
i
etti—
8888
88888888
Carbon Rinn Valley Firestone Total
Valey
4.85 -1.49 -30.69 -27.33
-36.25 -6.99 -38.78 -82.01
N 0
$
qN
28
Nm
N
4r$
GO
N7
me
-16.53 1.07 -12.54 -28.01
-7.79 5.69 103.31 101.21
-26.75 -7.17 14.54 -19.38
-17.60 -5.38 1.32 -21.66
N m
"m
N ;
00
b ^
r
�i
8e
O
60
e4
12.30 -7.31 -55.31 -50.31
-32.69 5.04 -24.44 -62.17
9.35 -61.29 -92.13 -134.07
Month
om
dG
-Ni li
Mar -16
Apr -16
0000000w
�8
5,"1
� cd,igg
NO2m
TOTAL2016
88888
0.00
17.31
11.05
0.00
66666
88888888888
00000000000
50.01 -1.87 48.14
50.01 -1.87 48.14
mflg„C
2.87
147.94
165.43
135.22
.
Im'1ON
Cb
8
0
8
0
8
0
vwNoosonsNos
mode
^
-151.94
-164.21
...q'
eeseeesseoes
555555555855
888888888888
2.03 -3.50 -32.90 -34.36
-38.72 -2.44 -39.91 -81.06
129.89 -1.70 27.56 155.75
-1.94 -1.19 17.82 14.69
MS
-27.96 -0.41 14.52 -13.85
_ -18.64 -0.28 1.30 -17.62
gqV?
-369.68 -11.42 -74.19 -455.29
;4S
u $
n
1pN
CON,
No
mg
rvm
mui
,se5
99
9999
N=
'n,lnn
m4
N08^
rrrN^NN
^NN
TOTAL 2017
p
Y
1
5
ih
O
0
2
0
a.
C
3
N
z
1g
c E
w
SRN
V >> 0
a % 0
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b ps
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8 a
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u E
e Fm3 €
a �wm
2 2 E a
gj822
9 C r E a
c m E c E
N E o E
N
mE3Ex
J1,1 y
qN 0
0 i r ^C) N 0 >
1462 12 E ≥
r'>� N
$ > 0 t ?pistil
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ON
v �N
0 d N
{E r>i
m
§j0 Aai
O 22;7,- c
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q
ag 8 p 0
2
ii
ti
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n
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a
m to
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V 6
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d L
m y 0
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N N
m G T M
d2.s
" InE ID a
a
to
o 0
s'°
re
9 t0
N N 7
0 m Geer,
72=
J `
LL
NET
DEPLETIONS
n Q
##1###
N
1 00'1
OI
<
OWN
°°°25
;988
DEWATERING
0 gpm
Not Lagged
Lagged
b
,,,,,0,00000N
4 9
b',
9
9 9
0,
9
9
0
9
0
9
0
9
O
9
8
7
o000000000000
0 0
0y o
0
0
0
0 0
0 0
o o
0
0
0
0
0
o
0
0
0
0
0
0
0
0
o
0
0
O
0
0
O
0
0
o
MINING DEPLETIONS
C
a
Yn
Z
F
0
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1'1 N
n nTvfnm�
7
7 o
n
0
N<
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N
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Z m
J
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1-
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MNVNM
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0
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N
n
Q,-
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1�
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Q
b
b
co
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o
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0
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PR0R
9 9
n
9
m O
9 4
r
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9
0
9
o
9
b
9
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9
9
n
9
0
7
e
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a
w
m q
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0 C
7 • N
0
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n m
•n 14
m
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b
n••
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0
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T
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b
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o —
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re -ww
O 7
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n
Q
bn
Q
99
Q
0NNMO
n
8
N
9
9
00
9
'?
Exposed Area
(ac)
22.26
22.26
000000000W
NNNNNNNNNN
NNNNNNNNNN
0
0
0
b
b
10
0
b
Aggregate Production
Z E
Z.
0
O
49
.-
0 003
Tr.'IT94'917q
N
O
N
0
O
Cn'I
Q
N•
Matedal Not
Washed (Ions)
88
0q
ow
I 20400 1
37 600
38 400
00N00
V
Q
00
03
n
N
7
Q
0
b
0
b
Q
I 42.400 I
0 0°
mg
7
0
Q
Matenal
Washed (Ions)
24.000
15.600
0
0
N
G
112 800
115,200
126 000
0
0
m
o
-
0
0
b
n
-
o
0
Q
b
m
O
0
Q
b
-
b
0
N
n
-00
o
0
O
Q
0
0
Total Excavated
Matedal (Ions)
0 0
O$$
N N
0
b
150 400
153 600
0 .0
O
b
Q
n
0000.0
O
N
0
N
N
0
N
0^
0
b
0
Qy
y
b
0
0
10
0
Percent of
Excavated
Matedal
*******""*0
col,
60mo
ml0
111
�
N0no
L
E
O b
mwS0.
-1 LL
w
z<
w w
2
b
w
;�w
w
<
b
(0
Oct -16
0
ow
20
0
TOTAL 2016
O
Yf
Q
T
O
N
O
9<
Or
0
0
N
N
Gbl
N O
b
0
Nr
4•
0
O
O
O
O
O
O
O
O O
O
O
b
9999999999999
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0 0
0 0
0
e
0
0
0
o
o
o
0
0
0
o
0
0
0 0
0
0
0
00NQo;mNo`0Nm<
n
II
v.0.
0
W
b
m
Q•
O
-
V
N°
4
C
°°
9984
N
n
nN
T
0
N
0
OOIN01
0
O
Q
N 0
n n
1�
0
8
b
O
N9.9.0000
0
0
0
0
o
o
b^
7
0
0
9
9
9
9
9
4
9
9
9 4
4
9
7
0
00
o
N
Ib0 n
QO
1°
79484,8199
a
n
m
m
N
IT
b
0
N
0
0
b
O N
n
OO
O-
n
Q
Q
Q
n N
N
O
O
999999999999T
4
g
9
9
9 9
9
9'
b
N
b
N
b
N
b
N
b
N
b
N
1Y
N
0
N
0 0
N
0
N
0
N
NNNNNNNNNNNN
m
NC0
,
0
C1
R
o
N
o
n
a
N
999#1'91184174
00
ON
I 20.400 I
0e
000
I 41.200
62 800
48 800
am0
0
N
N
M
f0'1
COl
0
M
O
24 000
188 400
146.400
O
80
r
10
0N000
0
N
888
m
I.
g88
No
Y
e
1`I
0000000000000
8
N
b
N
S
b
0
b
fl
O
b€
Q
b
fl
N N
n 0
N
10
0
Q y
b
O
00
0
N
1M'i
-'0(03000
0
0
b
O
o
n
0
N
00no
b
Q
0
m
y
LL
Mar -17
0
Q
MaV-17 I
>>
»Q
0
o 0
(0020
0
0
L TOTAL 2017
d in SWSP accounting.
a
7
I
37
m
2'
E
E
7p
=0 0
E 8 C
Q Ces N
Ea ₹
M m
aye
0
Cr.- in
M
r
C O y
m 2",.7
.72
>>�
d
• o
• d w
5 G
A
y C
o r• m
o N 3
m
N m >
C CO
Ian
J
888888^088888^0.
0
0
0
0
0
0
0
0
0
0
0
0
0
Laramie -Fox
Hill Well
Pumping
8
0
Star Water
Resource
Deliveries
3.53
3.43
A
v
887.8
Noo
0
>i
3.25
Niv
vi
m
nm
04
Rinn Valley Rinn Valley Rinn Valley
Phase 3 Phase 3 Transit Phase 3
Deliveries Losses Credits
8
m
8
0
8
0
V O m
3
O O
Q
O^
m
m
m
O
Q
0
N
Out -of -
Priority Net
Depletion
N T
N
g
O
m
m
m m
n
b
CI
c cU
($$888888888888
a o
3e ae
2eaeaeaeaess
exe
FL Lupton
-3.53
-3.43
000_0000w
N
0
0
m
O .9N
0
Ip
n
t
a
{r0 0
,v
,w
Mar -16 1
cow
aA;s‹m
<2,-‹,
o
00
Sep -16
Oct -16
400
ao
2
0
TOTAL 2016
8888888888888
0
0
0
0
0
0
0
0
0
0
0
0
0
00
NN
^
^
o
vi<viavvN^mmV
end
@
mmM$inm
0
m
8
0
8
a
8
0
8
0
p O
o
ry
N
N
O
v
m N
m
O
m
v
m
V
6
N
N
^
n
y
N
4
gj
O
ui
q
O
4
O
2<
m
o
m
V
00!
e
gj
g
:esaess.:ea;e:;e:e
88pO
8p888888888
OO
4
N
1�
fm0
T
O—
N
N
O
4
;2
-mi
LL
Mar -17
n
Q2-3i>Q
m
c
0
3
d
AQ2
>
Dec -17
TOTAL 2017
N
m
CO m
N
c
E
2 2
O
N d
O _q N
O y O
• sal
�
`o
c E
IV
E m o
�ma>yJ
Ong
p n n E
aO 9 O
C
• m E w
2 E oE m
,
ggR
§l6.O
O
4 -
ENU2
rrltOCN
N
O
c • > m Q
> Gy O
E E a g E
0 a o E c
E g 3 0
3
raS2
2216&-c
Ek2m¢
ma2z70
-i0
v O H
1500
Eca
S
E
s
N
0
a
I
z
C
8
Q
E
m
qm
C
C
a
m
O J - O
r��
s htgl
m a J >
m yC q1 O -giro
N C s C C rC • m
r sp L g
a��EEmm Eaf m e55c
,14!;82t € I
:61,1! 23! ks
pp n
E£�-g'5
E N f n JizEC
Zym_mm0
at ^a3. lea
U c .N.. Im- m
m Et. B. EEE^.
a°g`pE€i62gg„g=
me € $
N 6 m N
- m m S Z O g E 0 O m . w.
o ..CmEmwm a
2.-N Cl tin oCO NC O5.2
Key Reservoir, assuming water year 2017 fit to Nov 1, 2016 storage amount LG. Everisrs total use of Star Valley Reservoir
J E
SE
E• m>
5 'c
gm
E2
m.4
El
3 m
gm
E c
N• o
se
me
2T;
-s
O m
O=
mam
NE
;7,2
or„
-t
NO
0-
0
0.2
041
Cal
EL
• E
LL':
E m
I I
38
C
a
- N
En
00p,
a du;
TN
C
$ ! C 0
C J
0
2
am
m
r4 .0 o
N ; s
0
C
2¢ Hx mQ
Z CO y
:715
EMO
yr wt
ag:
112t=
•0n a
~ m m
u u
W a u
d . R
tt
c m _
R N 7
A
CO
A Ta
N
2
0
F
Za
W
u
N P
N N
999999',99998
N
fl
N
N
N
O
P
N
0
N
O
P
P
P
P
O
O
M
P
P
DEWATERING
I 0 Opm
o
my
00000
00.00
0
0
0
0
0
0oo
o
O
000000
O
O
O
o
0
JY
0 0
0
0
0
0
0
0
0
0
0
0
0
0�
Z3
0 0
0
0
0
0
0
0
0
0
0
0
0
O
0
0
o
O
0
O
0
0
0
o
op
MINING DEPLETIONS
C
E
f.0..0
p
N N
M
N
N
0
0
0
P
N
e
N
14l
E.
m
3
1°-
O g
23
N N
44444•7'7^4444^
lnl
P
!.
O
7
O
m
N
t7
N
Y
7
NNMOOOWNMO
gE
00
m0007777777om
4999449444447
I Evaporation
b. a
m
m N
N
N
N
0
O
I-
C
Y
N
m
O
1°w
444444444444
' �
o 7
J-
N
N
^O
e
e
n
rll
e
0
00i
o
d's
z
444444444444'!
Exposed Area
(ac)
2.20
2.20
0
0
0
0
0
0
0
0
0
0
NNNNNNNNNN
NNNNNNNNNN
Fate Production
o
`m E
o o
o
o
o
o
o
o
o
o
o
o
o
v o
o o
o
o
o
o
o
P
o
0
0
0
0
3 C
o 0
o
O
o
O
o
o
0
0
o
C
o
U
Material Not
Washed (Ions)
0
Material
Washed (Ions)
0
Cl
a
Total Excavated
Material (Ions)
0
Percent of
Excavated
Material
0d
00-0.
N
N
0
0
O'
0
A
O'
N
C
b
00
Y
0
O
o
Month
00
- l LL
I Mar -16 I
'lalao
p
.3/4M-14t0,-+Z
m
o
o
Q
fl
020
N
lDm
O
2
I Dec -16
L TOTAL 2010
P
N
444444''74444':
P
N
0
n
Cl
P.
O
P
O
N
O
P h
m
N
O
O
N
N
0
0
0
0
0
0
0
0
0 0
0
0
0
0
0
0
O
0
0
0
0
0 0
0
0
d
o
o
0
0
o
0
0
0 o
O
0
o
0
0
0
0
0
0
O O
O
O
O
o
O
o
Olop
O
o
od
o
O
00
o
O O
00000
O
O
o
N
N
!1
N
N
P
0
0
0 00
Q
0 f
O
9
9
9
9
9
9
7
9 9
9
9
N
999997^T4444^
N
INlI
P
1`
O
O
O
0 N.
N
4
N
000
N
P
0
0
0
0 N—
7
N
O
O
o
4444444444447
O
O
N
N
CI
N
P
0
P
O
P
P N.
10 O
N—
0
N
4444447994994
WQMwenCON
O
1'i
O
O
e
N N
0
MM
0
01
4
4
4
4
4
4
4
4
4 4
4
4
N
N
N
p
N
N
N
N
N
2.20
2.20
00
NN
NNNNNNNN
NN
0
0000000000000
000000000606o
0
0
0
0
0
0
0
0
0
0
0
0
0
0 0
0 6
0
0
0
0
0
0
0
0
0
O
N
lq
7
7
N
C
P
P
P
G
P
P
m
O^
N
V
4
C
Q
CI
O
O
7
I Feb -17
I Mar -17
,-777777
TOTAL 2017
-mi
.c2
m
mouzo
N
0 C
O N
II 4
e m
0 =
'Cl
0
0 0
0 0
0 N
O 1�
N 0
0
o O P
e m I 3
c 3 is
• w ▪ E
K -'.
It 0 0
0. X C `u
N c C u 'e
y IS Eta
0 c a E @-
m a < C aco
c a • o $
c s 0 g
c m
E
m Pi
I0 I.
Cl 'o c
• -� 3 e'
Cl
=0-
e a c '� C I
E I- E @.
It m m 0
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41
COMMITMENT OF WATER SUPPLY
L.G. Everist, Inc. hereby commits the following ditch shares pursuant to the January
2016 to December 2017 Substitute Water Supply Plan for the Carbon Valley Resource (M-01-
017), Rinn Valley Resource (M-97-093), Firestone Gravel Resource (M-96-052), Fort Lupton
Sand and Gravel (M-99-120) and Star Water Resource (M-97-522):
2016 Irrigation Season —
1.41 Rural Ditch shares and one (1) Lupton Bottom Ditch share
2017 Irrigation Season —
1.41 Rural Ditch shares and one (1) Lupton Bottom Ditch share
This commitment evidences the dedication of a renewable supply pursuant to the
requirement provided by the State Engineer's Office. This commitment shall remain in full force
and effect during the term of said Plan.
�/�l=�G,�c„may In WITNESS THEREOF, the undersigned has executed this document the 44-t- day of
a
.January-2016.
L.G. Everist, Inc.
By mina -
Jam A. Sittner, Mountain Division Project Manager
STATE OF COLORADO
COUNTY OF cl 4-h2o/
Acknowledged before me this `day of ianuary 2016 bpim Sittner as Mountain
Division Project Manager for L.G. Everist, Inc.
Witness my hand and official seal.
My commission expires 07 - / J — .7W/
Cynthia Antrim
Notary Republic, State of Colorado
My Commission Expires February 19, 2020
Notary ID: 2008400573i
42
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F- O F- Un— La F- N 45
STATE OF COLORADO }
}
}
COUNTY OF WELD }
ss. Affidavit Re: Lohmann (aka the "Borgmann") Farm
Irrigation Water Usage from 1939 through 1997
I, Harold Nelson, being of sound mind and lawful age, do hereby state, under oath, the
following:
1. I am familiar with the ditch water used for flood/furrow irrigation of crops grown on the
Lohmann Farm prior to the point in time that it was purchased by Theodore M. Lohman and Linda C.
Lohman on or about August 18, 1997. The ditch water used to irrigate the Lohmann (aka the
"Borgmann") Fann, legally described as the E'•iNW'„ of Section 6, Township 2N, Range 67W of the
6th P.M., Weld County, Colorado, included1.41 shares of Rural Ditch Company water and 1.0 shares of
Cole Ridge water.
2. The Rural Ditch water was delivered to the parcel via a lateral ditch depicted on the
attached Figure 1 (Delivery System Map). This lateral was connected to the main Rural Ditch at an
established headgate located in the NW', of Section I, Township 2N, Range 68W. From this
headgate, the lateral ran generally east to a point where it was conveyed over the Last Chance Ditch via
a pipe, and ultimately delivered water to the Lohmann Farm.
3. I have actual knowledge of crops grown on the Lohmann Farm because I lived on, grew
up on, and/or have operated an adjoining faun during the period from 1939 through the current point in
time of this affidavit. The Borgmann family owned several large farms of which the Lohmann Farm
formed a part, commencing in approximately 1916. As a child, I regularly played with the Borg man
children who were my age; as a young man, I farmed my family's farm with my father and brother and
was a close neighbor of the Borgmann family and the subsequent owners. Currently, I am the
Secretary/Treasurer of the Last Chance Ditch Company (a position which I have held for the past
.,;k Oa- years) which ditch runs through the Lohmann/Borgmn aFarm. As an active and successful
farmer of irrigated land, next-door neighbor to the Lohman Farm, and long-time officer of one of the
oldest irrigation ditch companies in the area, I have made it a point to be familiar with the fanning and
irrigation practices in the area. The eastern portion of the Borgmann Farm included the parcel later
owned by the Lohman family and which is referenced herein as the Lohmann Farm (see Chain of
Title attached hereto).
4. During the Borgmann's ownership, with which I am familiar, from 1939 through 1972,
the typical mix of crops on the irrigated land was '/x corn, 'A alfalfa, and `/ barley on about 75 acres of
irrigated land below (north of) the Last Chance Ditch. Said acreage is depicted on Figure 2 attached
hereto. The Borgmann family raised livestock on the irrigated portions of the pasture periodically as
well.
5. In 1973, the Borgmann family sold the farm to Adolph Coors Company. During Coors'
ownership from 1973 through 1992, the typical mix of crops on the irrigated land was %2 corn and
alfalfa.
48
6. The Adolph Coors Company sold the farm to Golden Properties Ltd. During Golden
Properties' ownership in 1993; as far as I remember the mix of crops on the irrigated land during this
period of ownership remained the same as when it was owned by the Adolph Coors Company, %z corn
and 1/2 alfalfa.
7. In 1993, the Borgmann Parcel was subdivided, and the E'/NW'/+ of Section 6 of the
Borgmann Parcel was sold to Richard and Linda Biella. It is this portion of the Borgmann Farm which
is now referred to as the Lohman Farm. The crop land irrigated by the Rural Ditch on the Lohmann
Parcel totaled approximately 34 acres, as depicted on the attached Figure 3 (Lohman Parcel Irrigated
Area map). I do not know if the questionable area identified on the map was also irrigated, but it very
well could have been a pasture area which was irrigated periodically for livestock pasture when
irrigation water was available.
8. During Biella's ownership from 1994 through 1997, the typical mix of crops on the
irrigated land remained 1/2 corn and 'A alfalfa. Delbert Brunkhardt was the tenant on the farm while the
Biellas owned this portion of the property. This property was sold to the Lohman family in August of
1997.
9. Coalridge Ditch (also known as the Coal Ditch or the Cole Ditch) water may have been
used along with Rural Ditch water to irrigate these lands. To my knowledge, no other water rights or
wells were used.
10. The attached Chain of Title Summary, dated October 23, 2014, is a true and accurate
copy of the ownership records on the Lohman Farm.
11. The maps attached hereto, provided by Applegate Group, Inc., are true and accurate
copies of the maps of the Lohmann Farm.
The above statements are true and accurate to the best of my recollection, information and
belief.
7'
Ir
Harold Nelson Date
11955 WCR 15
Longmont, CO 80504
Phone: (303) 776-2336
The foregoing Affidavit was acknowledged before me by Harold Nelson, this /S A day of
IJe' Curl be ,2014.
Witness my hand and official seal.
My Commission Expires:
CARA MENKIN01
19974012538
STATE OF COLORADO
NOTARY PUBUC
MY COMMISSION EXPIRES AUGUST 17, 2017
49
L. G. Everist, Inc.
Carbon Valley (aka, Lohmann) Property
Chain of Title
October 23, 2014
Date
Recording Info
Document
Seller
Buyer
7/03/2013
3945519
SWD
Linda C. Lohmann
Living Trust and
Theodore M. Lohmann
Living Trust
L. G. Everist, Inc.
2/23/2004
3161273
SWD
Theodore M. Lohmann
& Linda C. Lohmann
Linda C. Lohmann Living
Trust and Theodore M.
Lohmann Living Trust
8/18/1997
#2565877
B1623 P225
WD
Richard A. Biella &
Linda A. Kolby fka Biella
Theodore M. Lohmann &
Linda C. Lohmann
11/16/1993
#02360393
81412 F1732
WD
Golden Equities, Inc.,
General Partner for
Golden Properties, Ltd.
Richard A. Biella & Linda
A. Biella
12/22/1992
#02315559
B1363 F1645
Correction
Deed
Adolph Coors Company
Golden Properties, LTD.
10/5/1992
#02306203
B1353 F2074
Deed I
Adolph Coors Company
Golden Properties, LTD.
3/12/1973
#1609152
B687
WD'
August Borgmann,
Walter Borgmann, Carl
Borgmann & Marie
Borgmann Binkley
Adolph Coors Company
8/27/69
#1542516
0261
WD 2
August Borgmann,
Walter Borgmann, Carl
Borgmann & Marie
Borgmann, Trustees of
Mary Borgmann Trust
dated 4/28/60
August Borgmann, Walter
Borgmann, Carl Borgmann
& Marie Borgmann
Binkley
6/14/1960
#1334439
B1562 P481
WD2
Mary Borgmann
August Borgmann, et al.,
Trustees of Mary
Borgmann Trust
?
?
? Missing
August H. Borgmann or
Estate
Mary Borgmann
12/26/1922
#398897 398898
6690 P303
WD
August F. Borgmann
August H. Borgmann
12/26/1916
8463 P169
WD
August H. Borgmann
August F. Borgmann
9/11/1891
B51 -P150
US Patent
U.S. Government
Pridget Smith
Consists of a larger legal description than later deeds.
2 Larger legal.
50
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Z Applegate
Group, inc.
Water Restux Advisors to the West
IOU West 121st A...5t. 100 P6.nr. DM 952.6611
Dn.st.lm wl19.2ne Pc (301)451.1750
www.Ap►pwGpupxon .Asa: IJelP•1Pt.ingn.0.mn
BORGMANN PARCEL
Rural Ditch Irrigated Area
1967 Aerial Photo
250 500
Feet
Questionable Area
Legend
Last Chance Ditch
OIrrigated Area
OBorgmann Parcel
Lohman Parcel
Date: 12 Nov 2014
Job it: 14-142
Drawn By: JMD
Figure:
Of: 3
52
E
is
�2
V Applegate
Group
, Inc.
Water Resutce Advisees for the Wet
1490 West Il1.tM..51a100 Ih..t (303)452 6611
en.w.° 802342220 in: (303)452 2251
vonAtoltgaeGroupten .wmak Iale10048m./0eppm
LOHMANN PARCEL
Rural Ditch Irrigated Area
1999 Aerial Photo
250 Foe
IFnt
toms
Questionable Area
Last Chance Ditch
0 Irrigated Area
1 Lohmann Parcel
Date: 12 Nov 2014
Job #: 14-142
Drawn By: JMD
Figure:
of 3
ADMINISTRATION PROTOCOL
Augmentation Plan Accounting
Division One - South Platte River
This protocol establishes the accounting and reporting process required to enable the
division engineer's office to confirm that depletions from all out -of -priority diversions are
being replaced so as to prevent injury to vested water rights. The accounting must
comport with established "cradle to grave" accounting standards, which allow an audit of
the information to track exactly how the data is manipulated as it is translated from raw
input data to the resultant impact on the river. While this protocol is subordinate to any
decreed language addressing specific accounting requirements, it generally addresses
the minimum requirements of such accounting.
The accounting must use the standard convention where a depletion is "negative" and
an accretion or other replacement source is "positive". The sum of the impacts will then
result in either a "negative" or "positive" impact on the stream.
Wells in plans that have a negative stream impact must provide additional replacement
water, curtail pumping or both until the impact is no longer negative. Plans with a
negative stream impact that fail to curtail pumping will be ordered to stop pumping until
such time as the projected impact of the wells is no longer negative.
1. Accounting must be submitted electronically to the water commissioner (call 970-
352-8712 to obtain email address) and division engineer at
DivlAccounting@state.co.us within 30 days of the end of the month for which the
accounting is being submitted.
2. The accounting must provide the contact information including name and
address for:
a. the owner(s) of each well
b. the person responsible for submitting the accounting
c. the plan administrator and/or the plan attorney.
3. All input data must be in one location, such as an "Input" worksheet, etc. The
accounting must show all pumping. Input data includes the information listed
below.
a. The required input data for each well is:
i. the monthly meter reading for wells that use a presumptive
depletion factor (PDF) to determine the associated consumptive
use (CU); or
ii. the monthly CU in acre-feet (AF) for wells that have a decree or
approved SWSP that allows the wells to use a water balance
methodology to determine the CU of the well. The analysis used
to determine the CU must be included with the accounting.
iii. Wells that are decreed as an alternate point of diversion
(APOD) to a surface water right must report pumping on a daily
basis if any of the diversion during the month is claimed as being
"in priority". (See Administration Protocol — APOD Wells for more
details.)
Administration Protocol - Augmentation Plan Accounting
Revised March 19, 2009
54
iv. The well meter serial readings for each meter shall be included if
there is more than one meter on a well.
b. Each recharge site must comply with the Administration Protocol -
Recharge and must report the:
i. daily volume in AF diverted into the site;
ii. monthly volume in AF released from the site;
iii. monthly net evaporative loss in AF;
iv. volume of water in AF remaining at the end of the month.
c. The accounting must identify each source of fully consumable
replacement water actually delivered to the location impacted by the
depletions. To demonstrate the water was actually delivered to the
required location will require the following information:
i. the originating source of the water, date released and volume of
water released;
ii. transportation losses to point of diversion or use, if any, using
stream loss factors approved by the water commissioner;
iii. the volume of water actually delivered on a daily basis past any
surface water diversion that was sweeping the river as
corroborated by the water commissioner.
(See Administration Protocol — Delivery of Water for more details
on delivering water.)
d. For each source of replacement water that has been "changed" for
use as a source of augmentation, such as changed reservoir shares,
ditch bypass credits or credits from dry -up, etc., the following input
information must be reported:
i. the basis and volume of the return flow obligation;
ii. the location the changed water was historically used; this will be
the location used to determine the timing of the return flow impact
on the river.
4. The accounting must include a monthly projection of the plan's operation at
least through March 31 of the next calendar year.
5. The accounting must include all input and output files associated with modeling
the delayed impact of diversions. The output from the modeling must report to
a summary table that shows, by month, the ongoing depletions associated with
pumping, return flow obligations, etc. and accretions from recharge operations.
6. A net impact summary must show the out -of -priority depletions, accretions from
each recharge site, volume of replacement water actually delivered to the
location of the depletions and the resultant net impact on a daily basis. If
necessary, the net impact must be done by river reach.
While modeling may use a monthly step function to determine the depletions
from pumping and accretions from recharge, the monthly result must then be
divided by the number of days in the month in order to simulate a daily
impact, as water rights are administered on a daily and not monthly basis.
Administration Protocol - Augmentation Plan Accounting
Revised March 19, 2009
55
Replacement water must be provided such that the daily net impact (using the
simulated daily numbers from the modeling) is not negative. If a well is out -of -
priority for 15 days during a month, replacement must be made only for the 15
days the well is out -of -priority. The replacement must be made, however, on a
daily basis as opposed to, for instance, making an aggregated release equal to
the volume of the out -of -priority depletions. Likewise, the simulated daily
accretion will only count toward replacing the depletion on the days the well is
out -of -priority. The accretions that report to the river when the well is in priority
cannot be used to replace the out -of -priority depletions.
The accretions that impact the river when the well is in priority are not
considered "excess" unless the cumulative net impact of the well is not negative
for the entire irrigation year to date. (The irrigation year for this purpose is April 1
thru the following March 31.) Until such time as the cumulative net impact is not
negative, the accretions must simply be released to the river and cannot be
leased to other plans or recaptured. Plans that show a positive cumulative net
impact are still required to make replacements on a daily basis; the cumulative
analysis only effects whether or not accretions reporting to the river when the
well is in priority are considered "excess" and are, therefore, able to be
recaptured.
7. The basis for determining that the depletions are out -of -priority must be clearly
established and all steps in the calculation included in the accounting. The
analysis may be done, unless otherwise limited by decree, for each well or
groups of wells, provided the most junior water right associated with the group of
wells is used as the reference water right for the group's out -of -priority status.
8. Accounting must include actual information for the irrigation year through the
month for which the accounting is being submitted AND projections of the plan
operation through March 31 of the next calendar year.
9. The following naming convention must be used for all files submitted pursuant
to item 1:
"PIanWDID_YYMMDD"
where: PIanWDID is the WDID assigned by the division engineer's office
YYMMDD corresponds to the date the accounting is submitted.
As an example, the assigned WDID for the former GASP plan was 0103333. If
accounting using Excel® was submitted for that plan on May 15, 2004, the file
name would be:
"0103333_040515.xls"
The name of the file must be in the subject line of the email.
10. All accounting must be reported using the WDID for the structure, at a minimum.
Other information such as well name, permit number, etc. may also be included
as desired. All wells must be decreed by the water court, permitted by the state
enoineer or included in a decreed plan for augmentation. Unregistered and
undecreed wells cannot, in the opinion of the division engineer, be effectively
administered because of the need to know the location, allowable diversion rate
and use of the well - information that is only available from the decree or
permitting process.
Administration Protocol - Augmentation Plan Accounting
Revised March 19, 2009
56
11. If a well is covered in multiple SWSP's or augmentation plans, the monthly meter
readings must be the same in the accounting for each plan covering the subject
well. The accounting for every plan covering the well shall state the
proportionate pumping amount covered by each plan to assure all out -of -priority
depletions are replaced.
12. The following additional accounting is required for sources of replacement water
used for more than one plan. The water right owner of the replacement water is
responsible for accounting for the total replacement amount and how much each
plan is using of that total amount. The accounting for portions of the replacement
water by other users must match the accounting of the water right owner. The
amount of replacement water used by the water right owner and other users
together shall not exceed the total replacement amount available.
(See Administration Protocol — Use Of Unnamed Sources For Replacement for
additional requirements concerning required notice and approval of sources of
replacement not specifically described in a SWSP or augmentation plan)
Administration Protocol - Augmentation Plan Accounting
Revised March 19, 2009
57
Exhibit H - WILDLIFE INFORMATION
This information is unchanged. The new mine and old mine
are adjacent and had similar uses prior to mining.
Exhibit I/J - SOILS & VEGETATION
The following information is presented to supplement the
information from the original submittal. The original soils
information covers all of the soil types in the new area. MAP
EXHIBITC-2- NATURALFEATURES(2001) (PERMITFILE 111102) shows the soils types
on the amendment area and the information in this section is
still valid for the amendment area. We attached an updated soils
map to show the new area.
58
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Custom Soil Resource Report
Map Unit Legend
Weld County, Colorado, Southern Part (CO618)
Map Unit Symbol
3
27
Totals for Area of Interest
Map Unit Name
Aquolls and Aquents, gravelly
substratum
Heldt silty clay, 1 to 3 percent
slopes
Acres in AOI
39.9
73.8
Map Unit Descriptions
113.7
Percent of AOI
The map units delineated on the detailed soil maps in a soil survey represent the soils
or miscellaneous areas in the survey area. The map unit descriptions, 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 dominant 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
for which it is named and some minor components that belong to taxonomic classes
other than those of the major soils.
Most minor soils have properties similar to those of the dominant soil or soils in the
map unit, and thus they do not affect use and management. These are called
noncontrasting, or similar, components. They may or may not be mentioned in a
particular map unit description. Other minor components, however, have properties
and behavioral characteristics divergent enough to affect use or to require different
management. These are called contrasting, or dissimilar, components. They generally
are in small areas and could not be mapped separately because of the scale used.
Some small areas of strongly contrasting soils or miscellaneous areas are identified
by a special symbol on the maps. If included in the database for a given area, the
contrasting minor components are identified in the map unit descriptions along with
some characteristics of each. A few areas of minor components may not have been
observed, and consequently they are not mentioned in the descriptions, especially
where the pattern was so complex that it was impractical to make enough observations
to identify all the soils and miscellaneous areas on the landscape.
The presence of minor components in a map unit in no way diminishes the usefulness
or accuracy of the data. The objective of mapping is not to delineate pure taxonomic
classes but rather to separate the landscape into landforms or Iandform segments that
have similar use and management requirements. The delineation of such segments
on the map provides sufficient information for the development of resource plans. If
35.1%
64.9%
100.0%
Custom Soil Resource Report
intensive use of small areas is planned, however, onsite investigation is needed to
define and locate the soils and miscellaneous areas.
An identifying symbol precedes the map unit name in the map unit descriptions. Each
description includes general facts about the unit and gives important soil properties
and qualities.
Soils that have profiles that are almost alike make up a soil series. Except for
differences in texture of the surface layer, all the soils of a series have major horizons
that are similar in composition, thickness, and arrangement.
Soils of one series can differ in texture of the surface layer, slope, stoniness, salinity,
degree of erosion, and other characteristics that affect their use. On the basis of such
differences, a soil series is divided into soil phases. Most of the areas shown on the
detailed soil maps are phases of soil series. The name of a soil phase commonly
indicates a feature that affects use or management. For example, Alpha silt loam, 0
to 2 percent slopes, is a phase of the Alpha series.
Some map units are made up of two or more major soils or miscellaneous areas.
These map units are complexes, associations, or undifferentiated groups.
A complex consists of two or more soils or miscellaneous areas in such an intricate
pattern or in such small areas that they cannot be shown separately on the maps. The
pattern and proportion of the soils or miscellaneous areas are somewhat similar in all
areas. Alpha -Beta complex, 0 to 6 percent slopes, is an example.
An association is made up of two or more geographically associated soils or
miscellaneous areas that are shown as one unit on the maps. Because of present or
anticipated uses of the map units in the survey area, it was not considered practical
or necessary to map the soils or miscellaneous areas separately. The pattern and
relative proportion of the soils or miscellaneous areas are somewhat similar. Alpha -
Beta association, 0 to 2 percent slopes, is an example.
An undifferentiated group is made up of two or more soils or miscellaneous areas that
could be mapped individually but are mapped as one unit because similar
interpretations can be made for use and management. The pattern and proportion of
the soils or miscellaneous areas in a mapped area are not uniform. An area can be
made up of only one of the major soils or miscellaneous areas, or it can be made up
of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example.
Some surveys include miscellaneous areas. Such areas have little or no soil material
and support little or no vegetation. Rock outcrop is an example.
692
Custom Soil Resource Report
Weld County, Colorado, Southern Part
3 Aquolls and Aquents, gravelly substratum
Map Unit Setting
National map unit symbol: 3627
Elevation: 4,000 to 7,200 feet
Mean annual precipitation: 12 to 18 inches
Mean annual air temperature: 45 to 55 degrees F
Frost -free period: 80 to 155 days
Farmland classification: Prime farmland if drained and either protected from flooding
or not frequently flooded during the growing season
Map Unit Composition
Aquolls and similar soils: 55 percent
Aquents, gravelly substratum, and similar soils: 30 percent
Minor components: 15 percent
Estimates are based on observations, descriptions, and transects of the mapunit.
Description of Aquolls
Setting
Landform: Flood plains, swales, streams
Down -slope shape: Linear
Across -slope shape: Linear
Parent material: Recent alluvium
Typical profile
H1 - 0 to 48 inches: loam
H2 - 48 to 60 inches: gravelly sand
Properties and qualities
Slope: 0 to 3 percent
Depth to restrictive feature: More than 80 inches
Natural drainage class: Poorly drained
Runoff class: Low
Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high
(0.20 to 2.00 in/hr)
Depth to water table: About 6 to 48 inches
Frequency of flooding: Frequent
Frequency of ponding: None
Salinity, maximum in profile: Nonsaline to slightly saline (0.0 to 4.0 mmhos/cm)
Available water storage in profile: Moderate (about 8.0 inches)
Interpretive groups
Land capability classification (irrigated): None specified
Land capability classification (nonirrigated): 6w
Hydrologic Soil Group: D
Ecological site: Salt Meadow (R067BY035CO)
Description of Aquents, Gravelly Substratum
Setting
Landform: Stream terraces
Down -slope shape: Linear
Across -slope shape: Linear
8.9
Custom Soil Resource Report
Parent material: Recent alluvium
Typical profile
Hi - 0 to 48 inches: variable
H2 - 48 to 60 inches: very gravelly sand
Properties and qualities
Slope: 0 to 3 percent
Depth to restrictive feature: More than 80 inches
Natural drainage class: Poorly drained
Runoff class: Very high Moderately high to very
Capacity of the most limiting layer to transmit water (Ksat) g
high (0.57 to 19.98 in/hr)
Depth to water table: About 6 to 24 inches
Frequency of flooding: Frequent
Frequency of ponding: None
Calcium carbonate, maximum in profile: 10 percent
Salinity, maximum profile: in Nonsaline to moderately saline (0.0 to 8.0 mmhos/cm)
Available water storage in profile: Moderate (about 6.6 inches)
Interpretive groups
Land capability classification (irrigated): 6w
Land capability classification (nonirrigated). 6w
Hydrologic Soil Group: D
Ecological site: Salt Meadow (R067BY035CO)
Minor Components
Bankard
Percent of map unit: 10 percent
Ustic torrifluvents
Percent of map unit: 5 percent
27 Heldt silty clay, 1 to 3 percent slopes
Map Unit Setting
National map unit symbol: 3624
Elevation: 4,950 to 5,050 feet
Mean annual precipitation: 11 to 17 inches
Mean annual air temperature: 46 to 59 degrees F
Frost -free period: 110 to 150 days Farmland of I(soil erodibility)
classification: Prime farmland if irrigated and the product Y
x C (climate factor) does not exceed 60
Map Unit Composition
Heldt and similar soils: 85 percent
Minor components: 15 percent f the unit.
Estimates are based on observations, descriptions, and transects o mapunit.
Custom Soil Resource Report
Description of Heldt
Setting
Landform: Plains
Down -slope shape: Linear
Across -slope shape: Linear
Parent material: Sediment alluvium derived from shale
Typical profile
Hi - 0 to 7 inches: silty clay
H2 - 7 to 60 inches: silty clay
Properties and qualities
Slope: 1 to 3 percent
Depth to restrictive feature: More than 80 inches
Natural drainage class: Well drained
Runoff class: Low
Capacity of the most limiting layer to transmit water (Ksat): Moderately low to
moderately high (0.06 to 0.20 in/hr)
Depth to water table: More than 80 inches
Frequency of flooding: None
Frequency of ponding: None
Calcium carbonate, maximum in profile: 10 percent
Gypsum, maximum in profile: 1 percent
Salinity, maximum in profile: Nonsaline to slightly saline (0.0 to 4.0 mmhos/cm)
Sodium adsorption ratio, maximum in profile: 10.0
Available water storage in profile: High (about 9.6 inches)
Interpretive groups
Land capability classification (irrigated): 3e
Land capability classification (nonirrigated): 4c
Hydrologic Soil Group: C
Ecological site: Clayey Plains (R067BY042CO)
Minor Components
Nunn
Percent of map unit: 10 percent
Haverson
Percent of map unit: 5 percent
EXHIBIT K - CLIMATE
This information is unchanged.
66
EXHIBIT L - RECLAMATION COSTS
This reclamation cost estimate in based on the assumption
that no more then 90 acres will need some form of reclamation at
any one time. Of this 90 acres, 49 acres would be covered by
water and 17.2 would be roads, 4.0 acres would be stripped areas
and the remaining 14.0 acres would be partially reclaimed area.
This is based on a worse case scenario i.e., at a time when the
greatest area will need some form of reclamation as shown on Mbp
Exhi bit C-1 M ni ng PI an Map. In this estimate we would have to
complete backfilling on 3820 linear feet at 57.0 cyd/lft (Area B)
and 3670 linear feet at 41.7 cyd/lft of banks (Area C);
cut/filling the slope on 1080 linear feet at 21.5 cyd/lft of
working face, respread 28,900 cubic yards of topsoil on stripped
areas and seed beds, grade and shape 24.0 acres of seed bed area
and revegetate 24.0 ac. ±. The topsoil average depth on the
resoiling area is 8 inches. The revegetation cost figure in-
cludes fertilizer, grass seed, mulch and drilling costs.
A 627C Cat motor scraper will be used to resoil the area and
a 140G Cat motor grader will be used to shape the seed bed and
the resoiled areas. We have included the cost to reduce the
working face highwall using a D8U Cat dozer from near vertical to
3:1 if mining ends prematurely. A D8U Cat dozer will be used to
push the backfill onto the perimeter slope areas. The table
below outlines the various areas of disturbance at that time.
The dewatering calculations are shown in Table L1. We
rounded the pumping time to the next day and used 72,300 gal/day
as a transmissivity number to figure inflow from the aquifer.
These figures are then used in the calculations for the bond
amount.
ACTIVITY
NEEDS RESOILING
NEEDS SEEDING
GRADING SEEDBED
RESOIL @ 8"
CUT/FILL
DEWATER LAKE AREA
BACKFILL SLOPING
GRADE AREA A
Secondary revegetation
TOTAL SOIL DEPTH
24.0 AC 8"
24.0 AC
24.0 AC
26,000 CY
22,250 CY
48.80 AC (see Table L1)
368,950 CY
10.3 AC
25°
67
EXHIBIT L
TABLE L1
DEWATERING DATA
Description
Amount
Units
Area 100% of lake depth
37.9
acres
maximum depth
25
feet
length of 1/2:1 slopes
7,490
Lft
length of 3:1 slopes
3,000
ac
Unit volume of water on '/2:1 slopes
156.25
cft/Lft
Unit volume of water on 3:1 slopes
937.5
cft/Lft
Gallon conversion factor
7.48
gal/cft
Transmissivity #
72,300
gal/day
Pump rate minimum
6,000
gpm
CALCULATED VOLUMES AND TIMES
SLOPE WATER VOLUMES
V2 :1 slope capacity
8,767,943
gal
3 :1 slope capacity
21,037,500
gal
100% depth
308,627,300
gal
Total pumping volume
338,432,743
gal
PUMPING TIME
Dewater lake
39.17
Days
Slope construction time
153.71
Days
Recharge factor for inflow during
1.61
Days
TOTAL PUMPING TIME*
194.0
Days
RECLAMATION COSTS (cont)
*NOTE: pumping time rounded to next full day
TABLE L2
PUMP COST AND DATA
DESCRIPTION VOLUME
UNITS
PUMP CAPACITY 6,000
GMP
LIFT HEIGHT (MAX) 40
FEET
DISCHARGE PIPE RUN (MAX) 1400
FEET
RENTAL/ OPERATING COSTS
PUMP UNIT, (PIPE, FITTINGS, PUMP & SERVICE) $350.00
PER DAY
FUEL COST $460 00
PER DAY
TOTAL DAILY OPERATION COST $810.00
PER DAY
FUEL USE 200
GPD
FUEL COST $2 30
PER GAL
QUOTED FROM RAIN FOR RENT (303) 857-6246
68
EXHIBIT L RECLAMATION COSTS (cont)
ESTIMATED UNIT COSTS FOR RECLAMATION ITEMS:
1. Revegetation includes grass seed mix, mulch
and fertilizer and labor to drill
2. Re -spreading soil and/or growth media with
627-E Motor Scraper, Haul distance less than 900
3. Grade and shape 50.0 acres, 140Gmotorgrader . .
4. Cut/fill working face, 11.85 cy/lft D -8U Dozer
5. Backfill side slopes, 47.41 cy/lft D-8UDozer .
6. Dewatering Lake area during reclamation** . .
RECLAMATION COSTS
Unit Cost
$650.00 /AC.**
0.715 /YD3
$59.54 /AC
. . 0.651 /YD'
. . 0.651 /YD
$810.00 /day
1. Revegetation, 24.00 ac @ $650.00@ac
2. Resoiling, 25,813 yd' x 1.12 @ 71.5t/yd'
3. Grading and shaping 24.00 ac. @ $69.54@ac
4. Cut/fill working face, 22,140 yd3 x 1.15 @ 65.1 /yd'
5. Backfilling slopes, 368, 950 yd' @ 65.16/yd'
6. Dewater lake area, 194 days @ $810.00/day
7. Secondary revegetation 24.0 ac x 25% x $650.00/ac
8. Weed Control per year
Net Total
9. Indirect costs
Mobilization
Insurance, Bond, & Profit
10. Administration costs
TOTAL ESTIMATE
RECOMMEND BOND BE SET AT $552,800.00
Current bond amount $665,800.00
$ 15,600.00
20,671.31
2,042.08
16,573.44
240,162.26
152,290.00
3,900.00
5,000.00
$456,239.10
9,000.00
61,683.53
25,896.13
$552,818.76
Equipment listed in this estimate is used for the calculations and similar types may be used in
the actual reclamation activities at the mine.
Source of figured using, Cat Handbook #38 and rental costs from Means for 83% efficiency, for
eastern Colorado
x" Estimate for services from Rain for Rent to provide pump unit, Ft. Lupton, CC (303)857-6246
69
Exhibit M - OTHER PERMIT AND LICENSES
1. An Air Pollution permit 01WE1011F is all ready in place for
the mine site. It will be amended as needed with changes in
production.
2. A Special Use Permit from the town of Firestone will be
necessary prior to operations commencing on the new part of
the mine. The existing area is covered by a Weld County
Permit # AmUSR 1326.
3. This is a open pit operation where ground water will be ex-
posed. An approved substitute water supply plan (SWSP) is
in place. A new SWSP will be obtained prior to exposing
ground water in the new area.
4. A dredge fill permit (404) is not required at this time
because waters of the U.S. will not be impacted. If it is
determined a 404 permit is needed to mine parts to the site
it will be obtained prior to mining commencing in those
areas.
5. CDPS Permit # COG -500417, from the CDPHE-WQCD, is in place
to cover mine dewatering and any stormwater discharges.
The corresponding Stormwater Management Plan (SWMP) is also
in place. Both will need amended/updated to cover the new
area.
70
Exhibit N - SOURCE OF LEGAL RIGHT TO ENTER
Copy of deed follows this page.
71
4205406 05/23/2016 08:10 AM
Total Pages: 5 Rec Fee: $31.00 Doc Fee: $175.00
Carly Koppes - Clerk and Recorder, Weld County, CO
GENERAL WARRANTY DEED
THIS GENERAL WARRANTY DEED is dated May J.? , 2016, and is made between:
JASATER, LLC, a Colorado limited liability company ("Grantor"), whose legal address
is 4626 Weld County Road 65, Keenesburg, Colorado, 80643, and
L.G. EVERIST, INCORPORATED, an Iowa corporation ("Grantee"), whose legal
address is P.O. Box 5829, Sioux Falls, SD 57117-5829,
WITNESS, that Grantor, for and in consideration of the sum of't'en and No/100ths Dollars,
($10.00) and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto Grantee and its
successors and assigns forever, all the real property, together with any improvements thereon,
located in the County of Weld and State of Colorado (the "Real Property"), described as
fol lows:
See Exhibit A attached hereto and incorporated herein by this reference
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or
in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the
estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of,
in and to the above bargained premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto Grantee and its successors and assigns forever.
Grantor, for Grantor and Grantor's heirs and assigns, does covenant, grant, bargain, and agree to
and with Grantee and its successors and assigns: that at the time of the ensealing and delivery of
these presents, Grantor is well seized of the premises above described; has good, sure, perfect,
absolute and indefeasible estate of inheritance, in law and in fee simple; and has good right, full
power and lawful authority to grant, bargain, sell and convey the same in manner and form as
aforesaid; and that the same are free and clear from all former and other grants, bargains, sales,
liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever,
except and subject to all mineral reservations and conveyances of record, if any, and to those
matters set forth on Exhibit B attached hereto and incorporated herein by this reference
And Grantor shall and will WARRANT AND FOREVER DEFEND the above described
premises in the quiet and peaceable possession of Grantee and its successors and assigns, against
all and every person or persons claiming the whole or any part thereof.
[Remainder of page intentionally left blank; Grantor's signature on following page.]
I7rt5lola)
0267S040 I
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4205406 05/23/2016 08:10 AM
Page 2 of 5
IN WITNESS WHEREOF, Grantor has executed this General Warranty Deed to be effective as
of the date first set forth above.
GRANTOR:
JASATER. LLC,
a Colorado limited liability company
By:
Name:\ C,t1,t_A J
Title: (V't '&.et_
f
STATE OF COLORADO )
SS
COUNTY OF -1:2-62-N
, ) ,
I'he lioregoing instrument was acknowledged before this I � may`"day of May, 2016, by
cy 1 U (c.{1 , of 7asater, LLC, a Colorado
limited liability company.
Witness my hand and official seal.
My commissions expires:
02628040.1
Notary Public
�CARP�A a NEYk 40-6:1;#:
NOTARY PUBLIC
STATE OF COLORADO »P
My Commission Expires 06/25/2016
73
4205406 05/23/2016 08:10 AM
Page 3 of 5
EXHIBIT A
(Attached to and forming a part of the General Warranty Deed
from Jasater, LLC, as grantor
to L.G. Everist, Incorporated, as grantee)
Description of the Real Property
Tract A,
Block 1,
Minor Plat of Brooks Farm First Subdivision,
Town of Firestone,
County of Weld,
State of Colorado.
The above -described property shall specifically include, without limitation, all sand, gravel,
aggregate, stone, rock, silt, clay, shale, overburden and topsoil lying in, on and under such
property, and shall also include all minerals, mineral rights and mineral interests owned by
Grantor associated with and/or appurtenant to such property.
02628040.1
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4205406 05/23/2016 08:10 AM
Page 4 of 5
EXHIBIT B
(Attached to and forming a part of the General Warranty Deed
from Jasater, LLC, as grantor
to L.G. Everist, Incorporated, as grantee)
List of Exceptions to Title
I . Taxes and assessments for the year 2016, and subsequent years, a lien but not yet due and
payable.
2. Reservations and exceptions in Patents, or Acts authorizing the issuance thereof;
including reservation of the right of proprietor of a vein lo lode to extract and remove his
ore therefrom should the same he found to penetrate or intersect the premises, as reserved
in United States Patent recorded September 11, 1891 in Book 51 at Page 150.
3. Oil, gas and mineral lease recorded April 1, 1992 at Reception No. 2282841 and
Amendment to Leases and Assignments recorded December 7, 2007 at Reception No.
3523834.
4. Development Plan recorded June 15, 2001 at Reception No. 2857772.
5. Easements, notes, restrictions and rights -of -way, as set forth on the plat of Minor Plat of
Brooks Farms First Subdivision recorded October 10, 2002 at Reception No. 2993165.
6. Non -Exclusive Utility Easement Agreement recorded March 19, 2004 at Reception No.
3163415.
7. Right of Way Grant recorded August 10, 2006 at Reception No. 3410928.
8. Non -Exclusive Utility Easement Agreement recorded February 26, 2008 at Reception
No. 3537554.
9. Colorado Interstate Corporation Right of Way recorded November 21, 1972 at Reception
No. 1602118.
10. Grant of Easement to St. Vrain Sanitation District recorded May 22, 1998 at Reception
No. 2614743.
11. Grant of Easement to St. Vrain Sanitation District recorded May 22, 1998 at Reception
No. 2614744.
12. Pipeline Right of Way Grant recorded August 28, 1998 at Reception No. 2636421.
13. The following matters disclosed by ALTA/NSPS Land Title Survey, dated March 26,
2016, prepared by King Surveying, under Job No. 20160170.ALTA, to wit:
(a) Fence lines incongruent with boundary lines;
0262040.
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4205406 05/23/2016 08:10 AM
Page 5 of 5
(b) Last Chance Ditch and Seepage Ditch a/k/a Borgmann Drainage traversing the
Southern portion of the property;
(c) Apparent easement for gas line;
(d) Dirt Access Road traversing subject property;
(e) Rural Northern Lateral and Rural Southern Lateral traversing subject property;
(f) Three 150'R Oil/Gas Well Setbacks located on subject property.
14. Water rights, claims or title to water.
[End]
B-2
0262804a l
76
Exhibit 0 - OWNERS OF RECORD
(AMER CF SURFACE AND SUBSURFACE
L.G. Everist Inc
PO Box 5829
Sioux Falls, SD 57117-5829
(WJERS CF LAND W THI N 200 FEET CF
Myrnaloy Gould Trustee
12148 County Road 13
Longmont, CO 80504-9559
Merri Gould Lawley Living Trust
12028 County Road 13
Longmont, CO 80504-9559
Linda C and Theodore M Lohmann
Living Trust
6474 County Road 26
Longmont, CO 80504-9566
Otto David Brooks Living Trust
11506 County Road 13
Longmont, CO 80504-9558
Town of Firestone
151 Grant Ave
PO Box 100
Firestone, CO 80520-9000
J A R Holdings LLC
14469 Mead Ct Unit D
Longmont, CO 80504-9305
PERM T AREA
Batson Real Property Holdings
LLC
12656 Waterside Ln
Longmont, CO 80504
11739 County Rd 13 LLC
PO Box 274
Longmont, CO 80502-0274
Hall Family Partnership
Firestone LLP
C/O Lot Holding Investments LLC,
PO Box 309
Milliken, CO 80543-0309
Jacqueline and Pasquale Varra
Varra Companies Inc,
8120 Gage St
Frederick, CO 80516-9439
Dolores L French
6600 County Road 26
Longmont, CO 80504-9527
Harold and June Nelson Living
Trust
11955 County Road 15
Longmont, CO 80504-9581
77
Exhibit 0 OWNERS OF RECORD (cow.)
RCNV- EASEMENT HOLDERS W THI
Central Weld County
Water District
2235 2nd Ave.
Greeley, CO 80631
St. Vrain Sanitation District
11307 Business Part Circ.
Firestone, CO 80504
Union Rural Electric - United
Power
500 Corporate Way
Brighton, CO 80603
Century Link
Attention ROW
1801 California
Denver, CO 80203
Tri-State Generation &
Transmission
1100 West 116th Ave
Westminster, CO 80234
Comcast Corporation
Comcast Center
1701 JFK Blvd
Philadelphia, PA 19103
N 200 FEET
AT&T
Prom 1 Room 2051
1200 Peachtree St. NE
Atlanta, GA 30309
DCP Midstream (Duke)
370 17TH Street - Suite 2500
Denver , CO 80202
PDC Energy, Inc.
1775 Sherman St Suite 3000
Denver, CO 80203
Colorado
P.O. Box
Colorado
Interstate Gas
1087
Springs, CO 80944
Kinder Morgan
P.O. Box 281304
Lakewood, CO 80228
Last Chance Ditch Company
c/o Harold E. Nelson
11955 WCR 15
Longmont, CO 80501
78
Exhibit P - MUNICIPALITIES WITHIN TWO MILES
The following towns are within two miles of this site.
Town of Firestone
151 Grant Ave.
P.O. Box 100
Firestone, CO 80520
(303) 833-3291
Town of Frederick
401 Locust Street
P.O. Box 425
Frederick, CO 80530
(303) 833-2388
Town of Mead
441 Third Street
P.O. Box 626
Mead, CO 80420
(970) 535-4477
79
EXHIBIT Q- NOTICE TO COUNTY COMMISSIONERS
NOTICE OF FILING
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR ( 112) CONSTRUCT! ON MATER ALS EXTRACT! CN CPERATI CNS
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
VELD COUNTY
L.G. Everist, Incorporated (the "Applicant/Operator") has applied
for an amendment to their Carbon Valley Resource regular (112)
reclamation permit, Permit # M-2001-017, from the Colorado Mined
Land Reclamation Board ("the Board") to conduct an extraction of
construction materials operation 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 Colorado Division of Reclamation, Mining & Safety
("the Division") and the local county clerk and recorders office.
The applicant proposes to reclaim the land as a developed water
storage facility. Pursuant to C.R.S. 34-32.5-116(4)(m), C.R.S.,
the Board may confer with the local Board of County Commissioners
before approving the post -mining land use. Accordingly, the
Board would appreciate your comments on the proposed operation.
Please note that, in order to preserve your right to a hearing
before the Board on this application, you must submit written
comments to the application within twenty (20) days of the date
of last publication 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
Division of Reclamation, Mining & Safety, 1313 Sherman St., Room
215, Denver, CO 80203, (303) 866-3567.
L.G. Everist, Incorporated.
June 24,2016
Hand Delivered
80
EXHIBIT Q - NOTICE TO SOIL CONSERVATION DISTRICT (cont.)
NOTICE OF FILING
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR ( 112) CONSTRUCT! CN MATER ALS EXTRACT! CN CPERATI CNS
NOTICE TO THE BOARD OF SUPERVISORS
OF THE LOCAL SOIL CONSERVATION DISTRICT
Platte Valley DISTRICT
L.G. Everist, Incorporated (the "Applicant/Operator") has applied
for an amendment to their Carbon Valley Resource, a regular (112)
reclamation permit from the Colorado Mined Land Reclamation Board
("the Board") to conduct an extraction of construction materials
operation 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 Colorado
Division of Reclamation, Mining & Safety ("the Division") and the
local county clerk and recorders office.
The applicant proposes to reclaim the land to as a developed
water storage facility. Pursuant to C.R.S. 34-32.5-116(4)(m),
C.R.S., the Board may confer with the Board of the local Soil
Conservation District before approving the post -mining land use.
Accordingly, the Board would appreciate your comments on the
proposed operation. Please note that, in order to preserve your
right to a hearing before the Board on this application, you must
submit written comments to the application within twenty (20)
days of the date of last publication 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
Division of Reclamation, Mining & Safety, 1313 Sherman St., Room
215, Denver, CO 80203, (303) 866-3567.
L.G. Everist, Incorporated
June 24, 2016
Hand Delivered
81
EXHIBIT - PROOF OF FILING WITH COUNTY CLERK AND RECORDER
June 24, 2016
Weld County Clerk to the Board
Board of County Commissioners Office
1150 C Street
Greeley, Colorado 80631
Re: Amendment of a Mined
Land Reclamation Permit
ear Sir/Madam:
We are delivering to you here with an amendment to our approved
permit application for the Carbon Valley Resource (permit # M-2001-017)
operated by L.G. Everist, Incorporated. Two copies of the amendment
application are on file with the Division of Reclamation, Mining &
Safety.
This copy of the amendment application is delivered to you pursu-
ant to 34-32.5-112(9)(a), Colorado Revised Statutes 1995, as amended,
which states in part:
.... the applicant shall place a copy of such application for public inspection at the office of the
Board and Office of the County Clerk and Recorder of the county in which the affected land is
located.
This book must be kept for public review until the amendment has
been approved by the Division. We will contact you once it is and make
arrangements to pickup this copy.
Please acknowledge receipt of the copy of the permit amendment by
signing in the appropriate space provided below and returning one copy
of this letter to the person delivering the book. This will be submit-
ted to the Division of Reclamation, Mining & Safety to prove the
amendment book was delivered to your office.
Yours truly,
ENVIRONMENT, INC.
Stevan L. O'Brian
enclosure
RECEIVED THIS DAY OF , 2016, one
copy of an application amendment packet for above
referenced mine.
Weld County Clerk to the Board
By
82
EXHIBIT S - PERMANENT AND MAN-MADE STRUCTURES
We are preparing Structure Agreements for the structures listed in
this exhibit and expect to have them in the next 30 to 60 days. Copies
of the completed agreements will be provided to Division when they are
received. No mining will take place within 200 feet of any structure
until an agreement is complete or a Geotechnical Stability analysis is
prepared.
This list represents the permanent man-made structures within 200
feet of or on the new permit area. Some offsite structures are within
200 feet of the permit area but not within 200 feet of an area to be
mined. These structures are noted on the list with an * behind them.
W THI N 200 FEET OF PERM T AREA
Varra Companies Inc -Wire Fences, Reservoir Liner & Reservoir fill facility
Jacqueline and Pasquale Varra - wire & pipe fences, corrals, Barn & House
Myrnaloy Gould Trustee - Wire fence along county road
Merri Gould Lawley Living Trust - Wire fence along county road
Dolores L French - Wire fence along county road
Harold and June Nelson Living Trust - Wire fence along Lohmann road
Kinder Morgan - 1- Gas Line (West Side)
Colorado Interstate Gas - 1- Gas Line (West Side)
Otto David Brooks Living Trust - house, barn, shed, corrals, fences
Linda C and Theodore M Lohmann Living Trust - dirt road, fence
J A R Holdings LLC - Wire fence along county road
Batson Real Property Holdings LLC - House, 3 - 3 Wire fences
11739 County Rd 13 LLC - Wire fence along county road
Hall Family Partnership Firestone LLP - Wire fence along county road
Town of Firestone - Colorado Blvd (WCR 13) & Zinnia St. (WCR 26)
PDC Energy, Inc. - 5 - gas wells, 5 flow lines, Storage tank and gas separator
# Foil ng have structure agreements in DRN6 file
Union Rural Electric - United Power# - power lines around site
Tri-State Generation & Transmission# - power line (north of WCR 26)
Century Link# - Telephone lines around site
Comcast Corporation# - underground cable line
AT&T# - fiber optic line
DCP Midstream (Duke)# - gas line east side
Last Chance Ditch Company# - last chance ditch
Central Weld County Water District# - water lines, north and west sides
St. Vrain Sanitation District# - sewer lines, north, south and west sides
83
PUBLIC NOTICE
PUBLI SHED NOTI CE CF APPLI CATI ON ANENDNENT Fl LI NG FOR
A REGULAR ( 112) CONSTRUCT! ON NWTERI ALS RECLANWTI ON PERM T
L.G. Everist, Inc. has filed an application amendment on their
Reclamation Permit with the Colorado Mined Land Reclamation Board under
the provisions of the Colorado Mined Land Reclamation Act for the
extraction of construction materials. The proposed mine is known as
the Carbon Valley Resource and is located in parts of the NW'4, Section
6, T -2-N, R -67-W, 6th Principal Meridian, Firestone, Weld County,
Colorado.
The mining started in 2001 and the proposed date of completion is
December 2036. The proposed future use of the land is a developed
water storage facility.
Additional information and the tentative decision date may be
obtained from the Division of Reclamation, Mining & Safety, 1313 Sher-
man St., Suite 215, Denver, CO 80203 (303) 866-3567, or at the Weld
County Clerk to the Board, Board of County Commissioners office 1150
"O" Street, Greeley, Colorado 80631, or the above named applicant.
Comments must be in writing and must be received by the Division
of Reclamation, Mining & Safety by 4:00 p.m. on
Please note that comments related to noise, truck traffic, hours of operation, visual impacts, effects on
property values and other social or economic concerns are issues not subject to this Office's jurisdiction.
These subjects and similar ones, are typically addressed by your local governments, rather that the
Division of Reclamation, Mining & Safety or the Mined Land Reclamation Board.
L.G. Everist, Inc.
Henderson, Colorado
First Publication:
Second Publication:
Third Publication:
Last Publication:
Published in:
84
NOTICE
This site is the location of a proposed construction materials
operation known as the Carbon Valley Resource. L.G. Everist,
Incorporated, whose address and phone number is 7321 E. 88th Ave,
Suite 200, Henderson, CO 80640, (303) 287-9606, has applied for
an amendment to a Regular Reclamation Permit with the Colorado
Mined Land Reclamation Board. Anyone wishing to comment on the
application may view the application at the Weld County Clerk to
the Board, Board of County Commissioners office, 1050 "O" Street,
Greeley, CO. 80631, and should send comments prior to the end of
the public comment period to the Division of Reclamation, Mining
& Safety, 1313 Sherman St, Room 215, Denver, CO 80203.
`Certification
I, irr-VAv Co &'Q/d�Ar. , hereby certify that I posted a sign
containing the above notice for the proposed permit area known as
the Carbon Valley Resource, on JJne 2 y , 2016.
—JvNc- 20/.4
Signature Date
85
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