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Home My WebLink About20161140.tiff March 24, 2016 RECEIVED Clerk to Board of Weld County Commissioners 1150 O Street - Administration Building MAR 2 5 2016 P.O. Box 758 WELD COUNTY "� 3 Greeley, CO 80632 COMMISSIONERS RE: Aggregate Industries-WCR, Inc.; Longmont Distel Operations, Weld County, CO MLRB 112 Permit No. M-1989-029 Amendment Application Dear Clerk: Aggregate Industries-WCR, Inc. is applying to the Colorado Division of Reclamation. Mining and Safety (DRMS) for an amendment to MLRB 1 1 2 Permit No. M-1989-029, Longmont Distel Operations. This is a sand and gravel mine located at 1587 Weld County Rd 20 `/2, Longmont, CO. Section 1.6.2 (1) (a) of the Colorado MLRB Rules requires that Notice of Filing of the application be provided to the Board of County Commissioners together with a copy of the application form. The Notice, with application form attached, is enclosed and we request that these be provided to the Board. Section 1.6.2 (1)(c) of the Colorado MLRB Rules requires that a copy of the entire application packet must be made available to the public through the Clerk or Recorder's office of the county in which the project is located. We have therefore also enclosed with this letter a copy of all documents that are being submitted with the application form to DRMS and request that these documents be made available for public review. As Proof of Notice to the Board and Proof of Filing with the Clerk must be provided to DRMS, please sign and date stamp the second page of this letter and return to me. Thank you for your assistance. Very truly yours, G L'� lZltC© Connie N. Davis Land Manager c-P b Lx,Rem et J 3-3o -aoiL9 CC: -PL-t-PcJ 5/025 2016-1140 Clerk to Board of Weld County Commissioners A2grc_ate Industries-\ (R. Inc.. Longmont Distel Operations. Veld Count%.Co MLRB 112 Permit No. M-1989-029 Amendment Application AGGREGATE Paste 2 Proof of Notice and Filing '[his is to certify that the following documents were received by the Clerk to the Board of\Veld County Commissioners: Notice to the Board of County Commissioners. \Veld County. of Longmont Distel Operations MLRB 112 Reclamation Permit N-t-19t;9-0?9 Amendment Application together with a copy of the application form. Copy of the Longmont Distel Operations \ILRB 112 Reclamation Permit \1-19S9-0_29 Amendment Application (form and documents as to he submitted to DRMS). which are to he made available to the public for review. The above mentioned Notice and Application was received this O _ day of\larch. 2016 by:ddriteti t Clerk to the B and c Weld Co Commissioners Time and Date Stamp: S dJNOISSIWWO0 AINf1O3 (J19M 1__':b.'c 2 94oz a z dvii a2AI23 NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR(112) CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY Aggregate Industries-WCR, Inc., (the "Applicant/Operator") has applied for an Amendment to Regular (112) reclamation permit No. M-1989-029, Longmont Distel Operations, with the Colorado Mined Land Reclamation Board (the "Board")to conduct the extraction of construction materials operations in Weld County. The attached information is being provided to notify you of the location and nature of the proposed amendment. The entire application is on file with the Division of Reclamation, Mining, and Safety (the "Division") and the Clerk to the Board of County Commissioners. A copy of the application is also available for viewing at the Longmont Public Library, 409 4'1' Avenue, Longmont, CO. The approved reclamation to the affected land is wildlife habitat and recreation use. The amendment application proposes to update the reclamation plan to reflect the landscape of the site following catastrophic flooding throughout the St. Vrain Creek watershed in September 2013. The amendment application does not propose to change the currently approved post- mining land use. Pursuant to Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Board of County Commissioners before approving of the post-mining land use. Accordingly,the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within twenty (20) days of the date of last publication of notice pursuant to Section 34-32.5-112(10), C.R.S. If you would like to discuss the post-mining land use, or any other issue regarding this application, please contact the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567. STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St Room 215 Denver.Colorado 80203 oc O L Ot R y DoO Phone.(303)866-3567 RECLAMATION FAX.(303)832-8106 MINING —st— SAFETY CONSTRUCTION MATERIALS REGULAR(112)OPERATION RECLAMATION PERMIT APPLICATION FORM C'I-IECK ONE:n There is a File Number Already Assigned to this Operation Permit r \I - - _ (Please reference the tile number currently assigned to this operation) 11 New Application t Rule 1.4.5) I ' 1 Amendment Application(Rule 1.10) Conversion Application(Rule 1.1 1) Permit \l 1989 _029 _ (pros ide for Amendments and Conversions of existing permits) The application for a Construction \laterials Regular 112 Operation Reclamation Permit contains three major parts:(I))the application form:(2) Exhibits A-S. :\ddendum I.any sections of Exhibit 6.5(Geotechnical Stability Exhibit:and(3)the application tee. When you submit your application, be sure to include one (I) complete signed and notarized ORIGIN.-ll. and one (I) copy of the completed application form.two(2_)copies of Exhibits A-S.Addendum I.appropriate sections of 6.5(Geotechnical Stability Exhibit.and a check!Or the application fee described under Section (4) below. Exhibits should NO•I'he hound or in a 3-ring hinder: maps should he folded to S 12" N I"or S 1 2"\ 14"site. To expedite processing.please pros ide the information in the format and order described in this form. GENERAL OPERATION INFOR\d:\HON Type or print clearl),in the space provided,ALL information requested below. 1. Applicant/operator or company name(name to be used on permit): Aggregate Industries-WCR, Inc. 1.1 Ty pe of organization(corporation. partnership.etc.): corporation 2. Operation name(pit, mine or site name): Longmont Distel Operation 3. Permitted acreage(new oresisting_ 712.00 site): permitted acres 3.1 Change in acreage(-4-) 0 acres 3.2 Total acreage in Permit area 712.00 acres 4. Fees: 4.1 New Application 52_.696.00 application fee 4.2 New Quarry Application S3.342.00 Liam a 1 licalion 4.4 Amendment Fee S2229.00 amendment fee 4.5 Conversion to 112 operation(set by statute) 52.696.0( conversion lee sand gravel 5. Primary'contmoditie(s)to he mined: 5.1 Incidental cun;moditie(s)to be mined: 1. - lbs Tons'sr 2. Iles Tons cr lbs Tons yr 4. lbs Tons rr 5. IbsTons'yr construction materials 5.2 Anticipated end use of primary commodities)to he mined: 5.3 Anticipated end use of incidental commodities)to be mined: 6. Name of owner of subsurface rights of affected land: See Exhibit "O" If2 or more owners, "refer to Exhibit 0", 7. Name of owner of surface of affected land: See Exhibit "O 8. l vne of minim:operation: I Surface J _ Under,round 9. Location Information: The center of the area here the majority of mininu Will occur: COUNTY: Weld PRINCIPAL \IERIDIAN(check one): J • 6th(Colorado) 10th(NeNN Mexico) Ute S 7, 8, 17 & 18 SECTION (write number): TOWNSHIP(write number and check direction): T 2 ✓ North South RANGE(write number and check direction): R 68 East ✓ West QUARTER SECTION(check one): \ NW _SW QUARTER QUARTER SECTION (check one): NE NW SE I I SW GENERAL- DESCRIPTION: (the number of miles and direction from the nearest town and the approximate ele%ation): Portions of the site have actually been incorporated into City of Longmont. Elevation - 4980 +1- • 10. Primary Mine Entrance Location(report in either I.atitude,Longitude OR U FM): Latitude Longitude: Example: (N) ;9`' 44' 12.98" (W) 104' 59' 3.87., Latitude(N): deg 40 min 8 see 19 .556 (2 decimal places) Longitude(W): deg 105 min 1 sec 34 41 (2 decimal places) OR Example: (N) ;9,7:691 (\W) -104.984490 Latitude(N) (5 decimal places) Longitudc(\W) (5 decimal places) OR t'niversal Tram ersc Mercator(U T\I I Example: 201336,3 F NAD27 Zone 13 4398351.2 N LIM Datum(specify \AD27. NAD83 or\WGS 84) Nad 83 13 Zone Eastinu Northm, I I. Correspondence Information: APPLICANT OPERATOR (name,address.and phone of name to he used on permit) Contact ti Name: Connie N. Davis Title: Land Manager Company Name: Aggregate Industries-WCR, Inc. Street`P.O. Box: 1687 Cole Boulevard, Suite 300 P.(a. Box: City: Golden State: CO zip code: 80401 I elephone `umber: 970 I. 396-5252 Fax Number: ( 303 )- 716-5295 PERMITTING CONTACT (if different from applicant operator above) Contact's Name: Connie N. Davis Title: Company. Name: P.O. Street•P.O. Box: Box: 337231_._....._ _. Greeley State: CO zip code: 80633 telephone Number: ( )- Fax Number: ( !- INSPECTION CON tAC1 Contact's Name: Same Title: Company Name: Street P.O, Box: P.(). Box: State: Zip Code: Telephone Number: ( )- Fax Number: 1 )- CC: STATE OR FEDERAI. LANDOWNER(if any) :Aecney: Street: City State: Zip Code: Telephone Number: ( )- CC: STATE OR FEDERAL LANDOWNER (if any) Street: City: State: Zip Code: Telephone Number: ( )- 12. Priniari future(Post-minim!)land use(check one): i _ I Cropland( 'R) P• astureland(PL) El General Agriculture(GA) El Rangcland(RL) F• orestn(FR) Wildlife Ilabitat(WI.) Residential(RS) 11 R• ecreation(RC') Industrial ('onimercialt IC) siDeveloped Water Resources(\WR) ,l Solid Waste Disposal(WD) 13. Primary present land use(cheek one : E (ropland(CR) , Pastureland(Pt.) General A`ericulWrc(GA) F] Rangeland(RI.) Forestry(FR) _ Wildlife Ilabitat(\\'I.) EtResidential(RS) F Recreation(RC) E1 Industrial C'omnleriial(1C) Developed Water Resources(\\'R) 1.1. Method of Mining: Briefly explain mining method(e.g. truck shovel): Material extraction from this permit site is complete Material from adjacent Lor:gmont Operation, Permit No M-1994-027,is processed at this site. 15. On Site Processing: ✓_ Crushing Screening 13.1 l3rietl:, explain mining method (e.g. truck shovel): Material extraction from this permit site is complete. Material from adjacent Longmont Operation.Permit No.M-1994-027,is processed at this site. l.ist an\ designated chemicals or acid-producing materials to he used or stored «ithin permit area: None 16. Description of Amendment or Conversion: If on are amending or converting an existing operation. provide a brief narrative describing the proposed change(s). This revision proposes to update the reclamation plan to reflect the landscape of the site following catastrophic flooding throughout the St.Vrain ereek w tc-rslied in September 2013 ()wing that event,St.Vra;ii eieek breached its channel not of the Lurryrrruiit Diatutsrte and began flowing to the south of its original channel and throughout the maiorlty of the site. Primary flows currentiy continue to naturally flow in braided channels throughout the site. It has been detemtined that the creek will not naturally return to its pre-flood channel. The majority of the site is owned by City of Longmont and is within its city limits The decision has been made by Longmont.with public input as well as input from Colorado Parks and Wildlife,to allow the creek to remain in its current location. This revision does not propose to change the currently approved were nut impacted by the fioou in accordance with the currently approved reclamation plan. Additionally,Aggregate is partnering with Longmont to perform certain post-flood restoration,enhancement and improvements activities in accordance with Longmont's Resilient St,Vrain Project,as submitted under Section 404 permit application to U S.Army Corps or Fngineers(Application No. NWO-2015-(32224-7FNt Maps and Exhibits: Two(2)complete.unbound application packages must he submitted. One complete application package consists ofa 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 ithin the application must be presented as a separate section. Begin each exhibit on a new page. Paves should he numbered consecuti'eh for ease of reference. ifseparate documents are used as appendices. please reference these by name in the exhibit. With each of the two (2) signed application firms. you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4.6.5.and I.6.2(1)(b): EXHIBIT A Legal Description EXHIBIT B Index Map EXHIBIT C Pre-Mining and Mining Plan \lap(s)of Affected Lands EXHIBIT D Mining Plan EXHIBIT L Reclamation Plan EXHIBIT F Reclamation Plan Map EXHIBIT G Water Information EXHIBIT I I Wildlife Information EXHIBIT I Soils Information EXf 11BIT J Vegetation Information EXHIBIT K Climate Information EXHIBIT L Reclamation Costs EXHIBIT M Other Permits and Licenses EXHIBIT N Source of Legal Right-To-Enter EXHIBIT O (hti hers of Record of Affected Land(Surface Area)and Owners of Substance to be Mined EXHIBIT P Municipalities\\ithin Two Miles EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District EXHIBIT R Proof of Filing ycith County Clerk or Recorder EXHIBIT S Permanent Man-Made Structures Rule 1.6.2(1)(h) ADDENDUM 1 -Notice Requirements(sample enclosed) Rule 6.5 Geotechnical Stability Exhibit(any required sections) The instructions for preparing Exhibits A-S, Addendum I. and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.6 2(I)(h)ofthc 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 t}oayiiderstand these obligations then please contact this Office for a full explanation. ) .11 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal L 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 - 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: /.(7-/ .7 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit j boundary. substantial civil penalties. to you as permittee can result: • 1 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office: 5. It is your responsibility to notify. the Office of any changes in your address or phone number: - 6. Upon permit issuance and prior to beginning on-site mining activ ity.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 pennit tier the operation has been issued by the Colorado Mined Land Reclamation Board: and. c. the permit number. X4- 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. e/ ''( 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 vv ith 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 y-ear). any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual tees are for the previous year a permit is held. For example.a permit with the anniversary date ofJuly I. 1995.the annual tee is for the period of.luly 1. 1994 through June 30. 1995. Failure to submit your annual tee 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 tee to the Office until the Board releases you from your total reclamation responsibility. _NA I/. 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 COMMMENTORS/OBJECTORS: It is likely there w ill be additions.chtutues.and deletions to this document prior to final decision by the Office. Therefore. it' you have an 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. I he 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 o1'the public comment period. lyou have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process.you may contact the Office at(303) 866-3567. - 8- Certification: As an authorized representative of the applicant. I hereby certify that the operation described has met the minimum requirements of the follow ing terms and conditions: I. To the best of my knowled4ge.ail significant.valuable and permanent man-made structure(s)in existence at the time this application is tiled.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)(tl. C.R.S.: 3. As the applicant/operator. I do not have any extractioniexploration operations in the State olColorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120. C.R.S.)as determined through a Board finding. 4. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class I misdemeanor pursuant to Section 18-8-503. C.R.S. This form has beets upprored by the.Alined Lanr!Reclamation !Sward pursuant to section 34-32.5-112.GR.S.,of the Colorado Lund Reclamation Act for the Extraction of Constrttenon Materials. .4sir alteration or modification of this form sirall 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 / dat of 91?.e./A,e,h .0?O/ !, rt ec5'a l9 I f Corporation Attest(Seal) '4plicant/Operator or Company ?dame Si'.'.nect: =� Si red Corporate Secretary or Equivalent Title: X"...660-2-1-4, � r�r� / rHeOl' }-, Down/C' CIerk State of 442.4prip ) 44442..62 )ss. County of ) The foregoing instrument was acknowledged before me this / day of VG 2 -6 • c2O/4. by Je 17 !/49 J/ as,Q l/ t 174.,-Aire, C)t y nOC Hdt4f�/''�<S n$ Notary Public _.r. S • Jr cOLORADO o�ll/�J NOTARY ID 1989400215$ My Commission expires: MY COMMISSION EXPIRES MAPm4 7 ^^17 SIGNATURES MUST BE IN RU INK ONNIE N. DAVIS r `RUC c- You must post sufficient Notices at the location of the proposed mine site o clearly identity the_stjag.' the lo ation of a _ ..,oN EXPIRES MARCH 7 2017 \larch AAA. Mfr. Peter Hays Environmental Protection Specialist Division of Reclamation. Mining and Safety 1313 Sherman Street. Room 215 Denver. CO 80203 Re: Permit No. A1-1989-029 — Longmont Distel Operations Amendment Application Dear Peter: The original and one copy each of this letter. together with documents referenced herein. and a completed reclamation permit application norm_ are submitted as Aggregate Industries' request for an amendment to Permit No. M-1989-029 Longmont Distel Operations. Also enclosed is Aggregate Industries' check in the amount of S2.229.00 for the application fee. fl'his revision proposes to update the reclamation plan to reflect the current landscape of the Longmont Distel Operations site and to identify remaining areas for post-mining reclamation and areas for flood restoration following the catastrophic flood event throughout the St. V rain Creek watershed in September 2013. fhe enclosed Exhibit F-1 -- 1'u.>> 20./3 Mod(_'unditioitc, Restoration. Improvements and Remaining Post-.!lining Reclamation identifies these areas. During the September 2013 flood. St. Vrain ('reek breached its channel north of the Longmont Distel site and began flowing to the south of its original channel and throughout the majority of the site. Primary flows currently continue to naturally flow in braided channels throughout the site. It has been determined that St. Vrain Creek will not naturally return to its pre-flood channel and that it should be allowed to remain in its current location. The City of Longmont (-City- or "Longmont.). with public input as well as input from Colorado Parks and Wildlife. determined that leaving the main flows of the creek through the site would provide ecological benefits by allowing wetland vegetation to establish and improving water quality in the creek. This revision does not propose to change the currently approved post-mining land use. which is wildlife habitat and recreation. :Au�gre�gate will continue to reclaim lands aftected b\ its operations that were not impacted by the flood in accordance with the currently approved reclamation plan (identified as Remaining Reclamation on Exhibit F-1). Aggregate Industries West Central Region,Inc. 3 Cole Boulevard Suits 300 CO 80.101 An Equal Opportunity Employer ."!i,?hone:303-985-1070 AGGREGATE Mr. Peter Division of Reclamation. Minim and Satet. March 25.2016 Pace 2 While the majority of the flood impacted gravel pit areas no longer exist to be reclaimed. alloy ing the natural course of the current primary flows of the St. Vrain to continue throughout the site is achieving the approved post-mining land goals of establishing a diverse habitat suitable to Longmont's St. Vrain Greenwav Master Plan. Restoration and improvements in flood impacted areas within extents of mining related disturbances of Longmont Distel vkill be completed in accordance with the City's Resilient St. Vrain Project as submitted in Longmont's Section 404 permit application to U.S. Army Corps of Engineers (Application No. N\VO-2015-02224-DEN). The work proposed under the 404 permit application is summarized in the enclosed -Sandstone Ranch Reach Improvements Summar\- provided by the City. In a continuing partnership with Longmont. Aggregate will perform certain post-flood improvements activities in accordance with the "Resilient St. Vrain Project". The areas for which Aggregate will provide this work are adjacent to its ongoing processing and reclamation activities and are identified on Exhibit F-1. Background Information All extraction activit> was completed at the Longmont Distel Operation in 2011. Processing and sales of material from an adjacent operation (Permit No. M-1994 is ongoing. Reclamation of portions of Peschel and Sherwood parcels owned by Longmont and LongmontiBoulder County was completed ill 2009. Re-seeding of some of these areas was done in 2012 and the revegetated areas were being managed for weed control with the goal of obtaining release of these reclaimed areas from the Longmont Distal Operation permit by the end of 2013. Backlilling and grading along a portion of the southern boundary of Bigelow was completed in 2012 and grading of the Bigelow excavation floor was being progressed in 2013 to achieve the diverse post-mining topography set forth in TR-4 for Longmont Distel Operations. The September 2013 flood event stripped vegetation and scoured topsoil and overburden from the previously reclaimed and ongoing reclamation areas. Topsoil and overburden was also scoured away in other areas that had not vet been revegetated and material stockpiled for reclamation was viashed avtay. There was significant erosion and deposition across the site. In response to the September 2013 flood event. which impacted the majority of St. Vrain Creek and its tributaries. the St. Vrain Creek Coalition was formed to initiate a master plan for the St. Vrain Creek at a watershed scale and develop a long-term flood control and stream restoration approach. The coalition consisted of representatives from Boulder County. Natural Resource Conservation Service. Town of Lyons. City of Longmont. St. Vrain and Left Eland Water Conservancy District. USDA Forest Service, Arapaho Roosevelt National Forest. Colorado Department of Transportation. and the Colorado Water Conservation Board. Throughout the development of the master plan. numerous community meetings were held to obtain input from public agencies. property owners. ditch companies. stakeholders. and the general public. The AGGREGATE Mr. Peter Hays. Division of Reclamation. Mining and Safety March 25. 2016 Pace master plan was completed in November. 2014 and included recommendations and conceptual design strategies for various reaches of St. Vrain Creek. The final master plan provided two possible alternatives for the reach that includes Longmont Distel Operations. with the preferred alternative being minor bank stabilization. The Longmont Distel Operations permit boundary consists of several individual parcels that are owned (with the exception of two small homestead parcels) by the City.jointly owned by the City and Boulder County. and/or under option to the City. These properties arc also included within the Sandstone Reach of the City's open space master plan for the St. Vrain River corridor. As part of the Resilient St. Vrain Project. the C'ity took the lead in the restoration for this reach and performed a more detailed alternatives analysis to determine final design strategies. The City's preferred alternative. which provides for leaving the channel of St. Vrain Creek in its existing alignment throwT,h the Sandstone Reach. has been submitted by the City to the U. S. Army Corps of Engineers through a Section 404 individual Permit Application N\4-O-2()15- 02224-DEN. The Resilient St. Vrain Project is also currently going through the National Environmental Policy Act (NEPA) analysis process and an Environmental Assessment (IA) has been prepared. The EA will he available for a 30-day public review and comment period beginning March 30. 2016. The Resilient St. Vrain Project is part of the City's 2013 recovery work and is supported by various levels of the Colorado State government. including the Governor's Office of Flood Recovery and the Colorado Water Conservation Board (C\VCI3). which is a sister division of the Division of Reclamation. Mining and Safety in the Colorado Department of Natural Resources. A listing of agencies with whom the City has coordinated is included in the enclosed "Sandstone Ranch Reach improvements Summary". That summary also includes a listing of public outreach venues through which the City has worked in developing the St. Frain Creek Watershed Master Plan. which provided the foundation upon which the Resilient St. Vrain Project was designed. Additional Information 33'ater Augmentation the currently approved reclamation plan ( l R-04) provides a conceptual plan that includes approximately 30 acres of wetlands and 60 acres of ponds. According to post-flood mapping performed by FRO in support of the City's 404 permit application, there are approximately 78.8 acres of wetlands and 13.0 acres of open water within Sandstone Reach. While the 2013 flood impacts have changed the course of the St. Vrain River. and thus the size and location of pond g 1 and wetland fefeatures proposed in TR-04. it is not anticipated that this changed condition will impact an approved permanent augmentation plan for the post-mining depletions at I.on�gmont Distel Operations. AGGREGATE Mr. Peter Flays, Division of Reclamation. Mining and Safety March 2 ,2016 Palle 4 The post-mining depletions at Longmont Distal Operations are covered under Longmont's February 20. 2013 approved permanent augmentation plan (District Court. Water Division i. Case No. 2009CW271 ). Following are excerpts from the Decree: Ill 11..-1. Depletions. The total annual depletions from the reclamation:features at Longmont Distal Operations are estimated to be 318.'5 acre-feet. based on a projected 64.(1 acres of tree water surface area (ponds and.dreams) and 63. 7 acres of not' wetlands area to be established upon ball implementation of the post-mining reclamation plan_for the .aline Permit Area. The foregoing is only an estimate. and Longmont shall replace the actual out-uj=lrriot'itt depletions 1r'om the Project Reclamation Features. 111.l 1.A.iii. Determination of area. Lom,mont shall survey the (post December 31. 19-x'(11 free water sm.:face area established hi'reclamation oldie Aline Permit Area and shall hi-annually survey the total post-mining area of new wetlands. For purposes of this Ruling and Decree. "wetlands" shall he defined in accordance with the c'riter'ia contained in the l'.S. ,Ann' Corps of Engineers 11'eilands Delineation .Atainted ((.`SA('E 1987), as it mat'be amended or updated at the time of such survey. The surveyed acreage shall he recorded O11 Longmont's accounting farms. 13i-annual wet/ands area sltrrevs 111e .flute Permit:frea shall continue alter mining ceases until the percentage change from the prior survey is less than 'File Decree further states in 11.1.. Revegetation. that: The Project Property will he managed, in perpetuity. hv Longmont s Public II'orks and Natural Resources Department as a Public open space"gr'eerlwc{t'. ther'c'hi' ensuring that such natural vegetation is e.ctahlishc'd and maintained Longmont's incorporation u/these lands into its parks and alert .s'pl1C'e li'stetrl is therefore adequate to .catisfi'tilt' i'et'ege'iculorl and noxious weed trrclrlac erne ril provisions of, 37-92-305(4.510), Summar►' Exhibit F-1 Post 2013 Hood Conditiorrs. Restoration. Improvements and Remaining 1'ost- :1hnrng Reclamation is submitted with this amendment application as the updated reclamation plan. It identities remaining areas for post-mining reclamation as well as reflecting the current landscape of the site and flood restoration and improvements areas. Additional Exhibits submitted tyith this application include: Exhibit Q — Proof o/ Delivery o/.\'otices (to Board of County Commissioners. Weld County and Longmont Conservation iistrict). Exhibit R— Proolof Filing with the Clerk Recorder(Clerk to the Board of Weld County Commissioners). AGGREGATE Mr. Peter flays. Division of Reclamation, Mining anti Saiet). March 25,2016 Page 5 Other enclosures included with this amendment request include a summary provided by City of Longmont entitled "Resilient Si. Vain Project - Sandstone Ranch Reach Improvements Summary" and a letter of support from Nick \A`ollrum. City of Longmont Director of Engineering Services. which also discusses the City's funding sources for the areas of restoration and improvements that \viii he performed by the City. In accordance with Rule 1.6.2(1 )(b). a sign regarding the amendment application has been posted at l.ongmont Distel Operation. Arrangements will be made to begin publication of the required Public Notice within ten (10) days of notification by the Division that this amendment application is considered to have been submitted. with said notification to be published once weekly for four (4) consecutive weeks. 1=ollowing the first publication. a copy of the notice will be mailed to owners of record of surface rights on the affected land and owners of record of lands within 20() feet of the boundary of the affected land. If you have any questions or need additional information, please call me at (970) 396-5252. Very truly yours. � rot 27. 4 Connie N. Davis Land Manager Enclosures STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natcrai Resources 1313 Sherman St Room 215 Denver,Cotorado 80203 C O L O R A D O D 1 V 1 5 I O N O F Phone:(303)866-3567 RECLAMATION FAX.(3031 832-8106 MINING SAFETY CONSTRI'C'TION MATERIALS REGULAR(112)OPERATION RECLAMATION PERMIT APPLICATION FORM CHECK ONE:Ft There is a File Number Already Assigned to this Operation Permit " \l - - (Please reference the tile number currently assiencd to this operation) fn New Application(Rule 1.4.5) 171 Amendment Application(Rule 1.10) Conversion Application(Rule 1.1 1) Permit \I -1989 -029 - (provide for Amendments and Conversions of existing permits) The application for a Construction \latcrials Regular 112 Operation Reclamation Permit contains three major parts: (I)the application form:(2) Exhibits A-S. Addendum I.any sections of Exhibit(i.5(Geotechnical Stability Exhibit:and(3)the application fee. When you submit your application. he sure to include one (I) complete sieved and notarized ORIGINAL and one (I I copy of the completed application form.two(2_)copies of Exhibits A-S.Addendum 1,appropriate sections of6.5(Geotechnical Stability Exhibit.and a check for the application fee described under Section(4) below. Exhibits should NOT he hound or in a 3-ring hinder: maps should he folded to S I'2" N I"or S 1 2" N 14"size. To expedite processing.please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly.in the space provided,ALL information requested below. 1. Applicant/operator or company name(name to be used on permit): Aggregate Industries-WCR, Inc. I. 1 vpe oforganizatitm(corporation. partnership.etc.): corporation 2. Operation name(pit. mine or site name): Longmont Distel Operation 3. Permitted acreage(new or existin4sitet: 712.00 permitted acres 3.1 Chan_e in acreage(---) 0 acres 3.2 local acreage in Permit area 712.00 -- acres 4. Fees: 4.1 New Application S2.696.00 application fee 4.2 New Quarry. Application S3.342.00 uary a i lication 4.4 Amendment Fee C132.229.00 amendment fee 4.5 Conversion to 112 operation(set by statute) S2.O6.00 cons ersion fee sand gravel 5. Primarycommodities)to he mined: 5.1 Incidental eutratwditie(s)to be mined: 1. - lbs Tons s r Ills Tons .r :. IDs Tons-vr 4. lbs-Tons/sr 5. lbs Tons'yr construction materials5.2 Anticipated end use of primary commoditlets)to be mined: 5.3 Anticipated end use of incidental commoditie(s)to be mined: 6. lame of owner of subsurface rights of affected land: See Exhibit "O" If 2 or more n'.ners. "refer to F xhihit O". 7, Name of owner of surface of affected land: See Exhibit "O" S. Type of mining operation: I Surface Underground 9. Location Information: The center of the area \‘here the maiorit\ of mining will occur: (OE \TY: Weld PRINCIPAL MERIDIAN(check one): 171 6th(Colorado) O 10th(New Mexico) Ute 7, 8, 17 & 18 SECTION (write number): s TOWNSHIP(write number and check direction): T 2 ✓ North South RANGE (write number and check direction): R 68 East ✓ \Vest QUARTER SECTION (check one): NW SW L-J Qt' \RTERQUARTER SECTION (check one): NE N\V SE 1 SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate des ation): Portions of the site have actually been incorporated into City of Longmont. Elevation - 4980 +/- 10. Primary !line Entrance Location(report in either I.atitude Longitude OR U I'M): Latitude Lomeitude: Example: (N) ;9' 44' 12.98" (\V) 104= 59' :.S7" Latitude(N): deg 40 min 8 see 19 56 (2 decimal places) Longitude(11'): deg 105 min 1 sec 34 41 (2 decimal places) OR Example: (N) _;0.7;691- (W) -104.9&449`. Latitude(N) (5 decimal places) Longitude(W) (5 decimal places) ()R t Ilk ersal Tramcrse_Mercator(t'1-\1) Example: 201336.3 F N:\D27 Lone 13 4:98351' N 13 UT\t Datum(specify \Al)27.NADS 3 or WGS 84) Nad 83 Lore Fasting Northing II. Correspondence Information: APPI.ICANT'OPER:A I OR (name,address.and phone of name to he used on permit) Contact's Name: Connie N. Davis Title: Land Manager Company Name: Aggregate Industries-WCR, Inc. Street.'P.O. Box: 1687 Cole Boulevard. Suite 300 1-).(..). Box: City: Golden State: CO Zip Code: 80401 telephone Number: ( 970 )_ 396-5252 Fax Number: ( 303 )- 716-5295 PERMITTING CONTACT (if different from applicant operator above) Contact' Name: Connie N. Davis Title: Company Name: Street P.O. Box: _ p O, Box: 337231 City: Greeley State: CO Zip Code: 80633 1 elephone Number: I 1- Fax Number: ( )- INSPECTION CONTACT Contact's Name: Same Title: Company Name: Street'P.O. Box: P.O. Box: ('it%: State: Zip Code: Telephone Number: ( 1- Fax Number: t )- CC: STATE OR FEDERAL. 1.:ANDO\\\FR(Wally) :\Lend Street: City: State: Zip Code: Telephone Number: ( j- CC: STATE. OR FEDERAL LANDOWNER (if any) :A2ency: Street: City: State: Zip Code: Telephone Number: ( - -4 - 12. Primary future(Post-ntinin2)land use(check one): nl roplandtCR► _ P• astureland(PL) n General Argriculture((;A) El R• angeland(RL) F• orestn(FR) -v.= 11ildlifeIlabitatt\\'I.) ElR• esidential(RS) n Recreation(RC) Industrial'('ommercialtK) rDeveloped Water Resources(\VR) Solid Waste Disposal(WD) 13. Primal present land use(check one : J f (• 'roplandt('R) Pastureland(PL) General :Agriculturc(Ci:A) 1-1 Rangeland(RI.) Forestrv(IR) -(� \\ildlitc Ilahitat(WI.) Residentlal(RS) Recreation(RC') 1 1 Industrial Commercial(IC) Developed Water Resourcest\\R) 14. Method of Mining: Rrieth explain mining method(e.g. truck•shovel): stcriat ex:rict:cn from this permit site is complete Material from odjocent Longmont Operation, Permit No M-13@:-027,:s r,r000sSed at th.s site. 15. On Site Processing: _. V Crushing Screening 13.I 13rieflh explain mining method(e.g. truck shovel): Material extraction from this permit site is complete. Material from adjacent Longmont Operation.Permit No.M-1994-027.is processed at this site. List am designated chemicals or acid-producing materials to be used or stored titi ithin permit area: None lb. Description of Amendment or Conversion: If on are amending or con\erting an existing operation. provide a brief narrative describing the proposed change(s). This revision proposes to update the reclamation plan to reflect the landscape of the site following catastrophic flooding throughout the St.Vrain C,eektisaterst,ed iii September 2013 During ltiat eve,a.St.Vrairrereek breached its cha,iticl i,ultlI✓thr Lui ryiluz it D1sh4 mite al d began flowing to the south of as original channel and throughout the majority of the site. Primary flows currently continue to naturally flow in braided channels throughout the site. It has been determined that the creek will not naturally return to its pre-flood channel. The majority of the site is owned by City of Longmont and is within its city limits The decision has been made by Longmont,with public input as well as input from Colorado Parks and Wildlife,to allow the creek to remain in its current location. This revision does not propose to change the currently approved post'inininy land use, .vhicli is;vildtife-habitat and recreation. Aggreyate Industries will continue to ieutairn land affecteu by its operations that were not impacted by the flood in accordance with the cuirently approved iecamation plan. Additionally.Aggregate is partnering with Longmont to perform certain post-flood restoration.enhancement and improvements activities in accordance with Longmont's Resilient St.Vrain Project.as submitted. tinder Section 404 permit application to U S.Army Corps of Fngineers(Application No. NWO-2015-02224-DFN) Maps and Exhibits: Two(2)complete.unbound application packages must he 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 consecuti\el> 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. yon must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4.6.5.and 1.6.2(1)(b): EXHIBIT A Legal Description EXHIBIT B Index Map EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands EXHIBIT D Mining Plan EXHIBIT E Reclamation Plan EXHIBIT F Reclamation Plan Map EXHIBIT G Water Information EXHIBIT li Wildlife Information EXI IIBIT I Soils Information EXHIBIT J Vegetation Information EXHIBIT K Climate Information EXI IIBIT L Reclamation Costs EXHIBIT M Other Permits and Licenses EXHIBIT N Source of Legal Right-To-Enter EXHIBIT O Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined EXHIBIT P Municipalities Within Two Miles EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District EXHIBIT R Proof of Filing with County Clerk or Recorder EXHIBIT S Permanent Man-Made Structures Rule 1.6.2(1)(b) ADDENDUM I -Notice Requirements(sample enclosed) Rule 6.5 Geotechnical Stability Exhibit(any required sections) The instructions for preparing Exhibits A-S. Addendum i. and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.6.2(1)(b)ofthe 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 permitter. 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 r)ot.understand these obligations then please contact this (hire for a full explanation. //:' I. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal U 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; j , 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: .1 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit 7/'boundary. substantial civil penalties. to you as permittee can result: ' L- 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: / r 5. It is your responsibility to notify the Office of any changes in your address or phone number: r o1 6. Upon permit issuance and prior to beginning on-site mining activ ity.y ou must post a sin 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. -i 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. �/ <:"'l —1 8. It is a provision of this permit that the operations will be conducted in accordance kith the terms and conditions listed in your application.as well as w ith 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 kkhich includes a map describing the acreage affected and the acreage reclaimed to date(if there are changes from the previous year). and monitorine required by the Reclamation Plan to he submitted annually on the anniversary date of the permit approval. Annual fees are for the pre%ions year a permit is held. For example.a permit with the anniversary date of July I. 1995.the annual fee is for the period ofiuly 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 sour 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. OVA 1/. For joint venture/'partnership operators:the signine representative is authorized to sign this document and a power of attorney (provided by the partner(s)) authorising the sienature of the representative is attached to this application. - 7 - NOTE TO COMMM]ENTORSlO13.1ECTORS: It is likely there w ill be additions.changes,and deletions to this document prior to final decision by the Office. Therefore. if ou have any comments or concerns y-ou 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. Ihe Office is not allowed to consider comments. unless they are written.and recei ed prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. I f you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process.you may. contact the Office at (303)866-3567. - 8- Certification: As an authorized representative of the applicant. I hereby certify that the operation described has met the minimum requirements of the follow ing terms and conditions: 1. To the best of my knowledee.all significant.valuable and permanent man-made strueture(s)in existence at the time this application is tiled.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 S� i 34-32.5-115(4)(t . C.R.S.: (_action 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 throu;_h a Board finding. „ made under penalty of perjury and that false statements 4. I understand that statements in the application are bctin� made herein are punishable as a Class i misdemeanor pursuant to Section 18-8-503, C.R.S. This firm has been approved by the Mined Land Reclamation Hoard pursuant to section 34-32.5-112,C.R..S., of the Colorado Land Reclamation Ad el for the Extraction of Construction Materials. ,4ny alteration or modification of this form shall result in raiding,any permit issued on the altered or modified form and subject the operator to cease and desist orders and ciril penalties for operating without a permit pursuant to section 34-32.5-123. CR.S. Air this / day of i� � >/� Si�nuianddate) �1 � r� 7 Aecca.7Q .—rh IRS latil?S':"'6/r le A I f Corporation Attest(Seal) plicant/Operator or Company issame- ; f Signed _--- ---Ss---1.____-.....---- Signed: Corporate Secretary or Equivalent Title: t p� j14-04-4/ ��'� Town/City/County Clerk State of ) )SS. County of 1 ?rz ) TTnheforegoin�e instrument was acknowledged before me this / �Y day of %ii �J o2DJf. by -JD4� 2 /f h J4S-1as, JA/t nt�'4/t/ �itn�jar of `�ccc„cp { JJ T sire C t' ie._ . . eve . - 4Z, � lIg Notary Public L..C S- ,. Jr' COLORADO 3- o?�l NOTARY it)19894002156My Commission expires: 'l MY COMMISSION EXPIRES M4R:7w:" -^„ SIGNATURES MUST BE iN BLl . INK ONNiE N. DAVIS Nr- v r "RUC c- You must post sufficient Notices at the location of the proposed mine site o clearly identity the stt; g the lo ation of a "" ..UN EXP RES MARCH 7 2017 . a .• IIMAnill,.arc, ,. • 'A Wt. O `.to � • . •t, "...tr. ' j Y .. - .. F. - t• ,20.• . F y au ' . I• • a Gila 13 CO 1.:4:a ' • • ri 4. 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(i4- , - . , ! a )IL* : w v +�\\�l{�(:: ''' _.._ �- r....�..Y.r. �„ -.t C J E t . i . y •} .. { I.1 �' ` �i^' . { 1 N art ._ O (6 cp4-4-4-`4- Y Y �' rt+• C i4- w' .1-11 _.'NIU 0 1. ., brAT 'fit: • Li ....�.w•e:•esr"1r— ': +i.::...r�.a.- CO • C CO. . . :'• 1 •..i t � r' w 1 S .5a ••• • ci / 4'+ $ ! a+,nr W b iJ✓r .,IC , .. A � af •a a. fr a) . . . . • •--• f' \ ♦4-4-4-4-...-.. - �.i- J < City of Longmont Resilient St. Vrain Project Sane stoF e Ranch Reach Improvements Summary The City of Longmont's Resilient St. Vrain Project has been submitted to the U. S. Army Corps of Engineers under Section 404 Permit Application NWO-2015-02224-DEN. The project is part of Longmont's September 2013 flood recovery work and is supported by various levels of the Colorado State government including the Governor's Office of Flood Recovery, and the Colorado Water Conservation Board (CWCB), a sister division of the Division of Reclamation, Mining and Safety (DRMS) in the Colorado Department of Natural Resources. The Sandstone Ranch Reach of the Project includes properties within the boundaries of DRMS Permit No. M-1989-029, Longmont Distel Operations, which is operated by Aggregate Industries. In support of Aggregate Industries' application to DRMS for an amendment to Permit No. M-1989-029, the following provides a summary of the City's Resilient St. Vrain Project and also includes a summary of agency and public coordination related to this project. `1vE fli n;v The primary goals of stream channel improvement activities in the Sandstone Reach are stabilizing portions of the channel banks of St. Vrain Creek to protect private property, restore City and County- owned open space lands, and repair the regional recreation trail. Post-flood conditions are allowing the formation of a broad area of riparian, wetland, and aquatic habitat ideal for native fish and wildlife. The City is proposing to keep the post-flood channel in its current post-flood alignment to promote natural hydraulic, geomorphic, vegetative, and wildlife habitat development in this open space area. Additionally, Spring Gulch #2, which intersects the pre-flood St. Vrain Creek channel from the north, would include construction of a diversion structure that would allow flow to the pre-flood channel to support existing wetland and riparian habitat. The selective stabilization of the St. Vrain Creek banks in the Sandstone Reach would enhance the aquatic, wetland, and riparian functions of the post-flood and pre-flood St. Vrain Creek channels. Channel migration through geomorphological processes is a natural and acceptable process for the Sandstone Ranch Reach. Input from Colorado Parks and Wildlife included the request to minimize impacts to the stream due to the fishery,which includes rare, native species. As proposed, areas likely to erode in the vicinity of critical infrastructure along St. Vrain Creek in the Sandstone Reach would be stabilized.The primary improvements proposed in the Sandstone Reach are: • Bank stabilization • Repair of multiple breaches of the pre-flood St. Vrain Creek channel • Greenway Trail improvements including one pedestrian bridge • One buried riffle drop structure • A check structure and diversion structure to allow flows to be diverted from Spring Gulch#2 to the pre-flood St. Vrain Creek channel 1 It is noted that City funds are not able to be used on private parcels. The City is supporting the private land owners in the area through coordination with other potential funding providers. Bank PretC t t','.n Itnar`o re✓nent.a The first type of bank protection consists of laying back the banks to a slope of 4H:1V or flatter. Type M soil riprap (D50 = 12 inches) or Type VH void filled riprap (D50 = 24 inches) would be placed along the bank for erosion protection and would extend downward and be keyed in below the channel invert. The second type of bank projection consist of laying back the banks to a 4H:1V slope or flatter and incorporates root wads placed strategically along the creek banks near the water surface elevation to provide habitat and sanctuary for fish and aquatic species, and allow for an increase in biodiversity. Areas of root wads could have either buried riprap or soil lifts to help protect the bank slopes. The third type of bank stabilization would consist of regrading portions of the banks to a 4H:1V slope or flatter and placing native vegetation. Other Imnmover enk The pre-flood St. Vrain Creek breached its south bank in three locations. The three breach locations will be repaired using the bank stabilization techniques discussed above. The City is repairing an existing pedestrian bridge damaged in the 2013 flood and installing a new pedestrian bridge. The existing bridge crosses the pre-flood St. Vrain Creek channel immediately downstream of the confluence with Spring Gulch #2. The repaired trail would be constructed directly to the south where a new pedestrian bridge would be constructed over the post-flood St. Vrain Creek channel.The trail will continue to the south and reconnect the greenway path. The buried riffle drop structure consists of void-filled Type VH riprap (D50 = 24 inches) and is located in the St. Vrain Creek post-flood alignment at the pedestrian bridge. No grout is included in the riffle drop structure and the slope of the drop is approximately 2%to allow for fish passage. A U.S. Army Corps of Engineers 404 permit is being obtained for the project. Native upland and riparian vegetation will be used to revegetate repaired and disturbed areas, to both give nature a jump start towards restoration and to be in compliance with the 404 permit. AP-Ancv The City has or is coordinating the proposed Resilient St. Vrain Project improvements with the following agencies and companies: • Federal Emergency Management Agency(NEPA Environmental Assessment and FEMA floodplain mapping changes) • U.S. Army Corp of Engineers(404 Permit) • U.S. Fish and Wildlife Service • U.S. Environmental Protection Agency • Boulder County • Weld County • Colorado Division of Reclamation, Mining, and Safety • Colorado Parks and Wildlife • Colorado Department of Public Health and Environment • Colorado Division of Water Resources 2 • Colorado Water Conservation Board • Colorado State Historic Preservation Office • Burlington Northern Santa Fe Railroad • Numerous Utility Companies Public ii i!v! inii Lrulf ,.J ullirnai Y Worked/working with the public through: - Public outreach meetings(including March 24, 2015, and Aug 25, 2015) - City Council updates (throughout 2015 and 2016) - Open house events (Mar 4, 2015,Aug 25, 2015, and Mar 1, 2016-scheduled) - Booth at Rhythm on the River public event(July 11, 2015) - Mailings to affected landowners - Website pages dedicated to project information LongmontColorado.gov/ResilientStVrain - Project overview video (www.youtube.com/watch?v=laigVpfpVic) shared on website,through media,at movie screening event, and through community presentations - Project update news releases posted on City website, distributed to local media,and shared on social media (Facebook,Twitter) - Project update information distributed to opt-in email list of interested residents, business owners and others - Dedicated public information specialist for project - Public notices as required by the permitting process In addition to interaction with the public in connection with the Resilient St. Vrain Project, the City and other members of the St. Vrain Creek Coalition worked with the public through the following venues in developing the St. Vrain Creek Watershed Master Plan, which provided the foundation upon which the Resilient St.Vrain Project was designed: - Community kick-off meetings (June 2014) - Community workshops(September 2014) - Public comments accepted at workshops or via email/mail (Sept 8-Oct 3, 2014) - Public website, media advisories,flyers, contact with affected property owners/stakeholders, email contact lists, phone lines for public comment, and event booths - Excerpt explaining public engagement process 3 LONG . NG Irilko [_ PUBLIC WORKS 84 NATURAL RESOURCES C'.".60iNv� _N IN- N ,-V C t N March 23,2016 Mr. Peter Hays Fnvironmental Protection Specialist Division of Reclamation, Mining, and Safety 1313 Sherman Street,Room 213 Denver,CO 80203 Re: Permit No. M-1989-029—Longmont Distel Operations Amendment Application Dear Mr. Hays, This letter is being provided to you as part of Aggregate Industries'Amendment application for Permit No. M-1989-029—Longmont Distel Operations.The City of Longmont(City) is in support of the Amendment application and we are collaboratively working with Aggregate Industries. The Colorado flood event of 2013 produced significant landform changes in the Saint Vrain Creek watershed.Specifically,the flood resulted in realignment of the creek in the Sandstone Ranch Reach located east of County Line Road and west of the Highway 119 crossing in Weld County,CO.The land that was most significantly impacted is primarily owned by the City of Longmont and !eased by Aggregate Industries for gravel mining. Prior to the flood,the previously mined land between County Line Road and the southern access road (located due south of Spring Gulch No.2) had already been reclaimed and turned over to the City for operation and maintenance as an open space area and trail corridor. Prior to the flood,the City had constructed the Saint Vrain Greenway Trail through the area and connected the trail to the Sandstone Ranch Community and District Parks.The eastern portion of the site was still being actively mined when the flood occurred in September of 2013. It is the City's opinion that since portions of the Sandstone Ranch area had already been reclaimed prior to the 2013 flood,the upcoming St.Vrain Creek repairs by the City and Aggregate Industries shall be considered flood restoration activities,and not mining reclamation activities. Restoration of the site is . t the collaborative restoration and repairs being pursued by the City and Aggregate best served through � p Agg � Industries.Attempting to return the creek to its pre-flood alignment would be environmentally damaging, create future flood hazards, be in conflict with the desires of Colorado Parks and Wildlife,and would not allow the natural floodplain and fisheries restoration processes that are underway to continue. The City of Longmont is developing a flood restoration design for the Sandstone Ranch site in collaboration with Aggregate Industr.es,Colorado Parks and Wildlife,and other partners.The flood restoration and repairs will maintain the post-flood creek al gnment and allow for the natural restoration of the Saint Vrain floodplain.Stabilization measures will repair the Greenway Trail,construct a new pedestrian bridge over the realigned creek channel to connect the trail,and will provide creek bank stabilization to protect key areas with infrastructure and important natural features. Mining activities will not occur within the previously reclaimed area. Funding for the project's being provided by the City,Aggregate Industries,and FE MA.Construction is anticipated to begin in the summer of 2016 in order to meet a FFMA funding deadline in the fail of 2017. We request that the Division of Reclamation, Mining,and Safety consider the information contained herein as you review the Aggregate Industries'Amendment application. Please feel free to contact me at Nick.WoifrumLiion ,mantcoiorado.,-,,ovf or(303)651-8307 if you have any questions or need additional information. Regards, Ni W rum, . Director of Enginee ng Services City of Longmont,Colorado EXHIBIT Q Proof of Delivery of Notices Following are copies of letters and notices under which a copy of the Longmont Distel Operations Permit No. M-1989-029 MLRB 112 amendment application documents were submitted to: Clerk to the Board of Weld County Commissioners, with Proof of Filing signed and dated. Board of Supervisors of the Longmont Conservation District, with Proof of Filing signed and dated. Longmont Distel Operations Amendment to Permit M-1989-029 March 24. 2016 i Longmont Conservation District ii . 9595 Nelson Road. I3ox I) ° _ G .0 RE: Aggregate Industries-WCR, Inc.; Longmont Distel Operations, Weld County, CO MLRB 112 Permit No. M-1989-029 Amendment Application ladies and Gentlemen: Aggregate Industries-WCR. Inc. is applying to the Colorado Division of Reclamation. Mining and Safety (DRMS) for an amendment to MLRB 112 Permit No. M-1989-029. Longmont Distel Operations. This is a sand and gravel mine located at 1587 Weld County Rd 20 A. Longmont. CO. As required by the DRMS regulations. Aggregate must notify the Local Conservation District of this application. Enclosed is the DRMS required Notice of Filing Application and the Application Form. As indicated in the Notice, the entire application is on file with DRMS and the Clerk to the Board of the Weld Counts Commissioners. Additionally. a cops of the entire application is being placed at the Longmont Public Library. 409 4'h Avenue. Longmont. CO. As Proof of Notice to the Conservation District must be pros ided to DRMS_ please sign and date stamp the second page of this letter and return to me. If you have any questions or concerns regarding this application. please do not hesitate to contact me at connie.dasis a a y�rc iatc-tss_co111 or (970) 396-5252. Thank you for your assistance. Very truly 'ours. Connie N. Davis Land Manager E=nclosures Aggregate Industries West Central Region,Inc. '(Ale Boulevard.Suite 300 CO 80401 An Equal Opportunity Employer eoilone: 303-98$-1070 Longmont Conservation District Aggregate Indusuries- VCR. Inc.: Longinotti Distel Operations. Weld Count .CO MLRB 112 Permit No. M-1989-029 Amendment Application Page Proof of Notice This is to certify that the following documents were received by the Longmont Conservation District: Notice to the Local Conservation District. Longmont Conservation District, of Longmont Distel Operations MLRB 112 Reclamation Permit M-I 989-029 Amendment Application together with a copy of the application form. The above mentioned Notice was received this day of March. 2016 by: Longmont Conservation District Time and Date Stamp: NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF SUPERVISORS OF THE LOCAI. CONSERVATION DIS'IRIC'.I. LONGMON] CONSERVATION DISTRICT Aggregate Industries-WCR, Inc., (the "ApplicantIOperator") has applied for an Amendment to Regular ( I 12) reclamation permit No. N4-1989-029. Longmont Diste) Operations_ with the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials operations in Weld County. The attached information is being provided to notify you of the location and nature of the proposed amendment. The entire application is on file with the Division of Reclamation. Mining. and Safety (the "Division") and the Clerk to the Board of Weld County Commissioners. A copy of the application is also available for viewing at the Longmont Public Library. 409 -1`i' Avenue. Longmoit. CO. The approved reclamation to the affected land is wildlife habitat and recreation use. The amendment application proposes to update the reclamation plan to reflect the landscape of the site following catastrophic flooding throughout the St. Vrain Creek watershed in September 2013. The amendment application does not propose to change the currently approved post- mining land use. Pursuant to Section 34-32.5-1 16(4)(m), C.R.S., the Board may confer with the local Conservation Districts before approving of the post-mining land use. Accordingly. the Board would appreciate your comments on the proposed operation. Please note that. in order to preserve your right to a hearing before the Board on this application. you must submit written comments on the application within twenty (20) days of the date of last publication of notice pursuant to Section 34-32.5-112(10). C.R.S. If you would like to discuss the post-mining land use. or any other issue regarding this application. please contact the Division of Reclamation. Mining. and Safety. 1313 Sherman Street. Room 215. Denver. Colorado 80203. (303) 866-3567. March 24. 2016 Clerk to Board of\Veld County Commissioners 1 150 O Street - Administration Building P.O. Box 758 nq 't RF GATE Greeley. CO 80632 RE: Aggregate Industries-WCR, Inc.; Longmont Distel Operations, Weld County, CO N1LRB 112 Permit No. M-1989-029 Amendment Application Dear Clerk: Aggregate Industries-WCR. Inc. is applying to the Colorado Division of Reclamation. Mining and Safety (DRMS) for an amendment to \iI.RB 112 Permit No. M-1989-029. l.onumont Distel Operations. This is a sand and gravel mine located at 1587 Weld County Rd 20 i/2. Longmont. CO. Section 1.62 (1 ) (a) of the Colorado \MMLRB Rules requires that Notice of Filing of the application he provided to the Board of County Commissioners together with a copy of the application form. The Notice. with application form attached. is enclosed and we request that these he provided to the Board. Section 1.6.2 ( 1 )(c)of the Colorado MLRB Rules requires that a copy of the entire application packet must he made available to the public through the Clerk or Recorder's office of the county • in which the project is located. We have therefore also enclosed with this letter a copy of all documents that arc being submitted with the application form to DRMS and request that these documents he made available for public review. As Proof of Notice to the Board and Proof of Filing with the Clerk must he provided to DRMS. please sign and date stamp the second page of this letter and return to me. Thank you for your assistance. Very truly tours. Connie N. Davis Land Manager Enclosures Aggregate Industries West Central Region,Inc. • Cute 8ouievard.Suite 300 CO 50401 An Equal Opportunity Employer L:�,1lti ne: 303-985-1070 Clerk to Board of Weld Counts Commissioners At itregate Industries-WCR. Inc.: Lon_inont Distel Operations. Weld County.CO MLRB 112 Permit No. M-1989-029 Amendment Application AGGREGATE Page 2 Proof of Notice and Filing This is to certify that the following documents were received by the Clerk to the Board of Weld County Commissioners: Notice to the Board of County Commissioners. Weld County. of Longmont Distel Operations MMLRB 112 Reclamation Permit NI-1989-029 Amendment Application together with a copy of the application form. Copy of the Longmont Distel Operations NI! RB 112 Reclamation Permit N1-1989-029 Amendment Application (form and documents as to he submitted to DRMS), which are to he made available to the public for review. The above mentioned Notice and Application was received this day of March. 2016 by: Clerk to the Board of Weld County Commissioners Time and Date Stamp: NOTICE OF FILING APPLICATION FOR COLORADO MINED LAM) RECLAMATION PERMIT FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO I HE BOARD OF COUNTY Y COMMISSIONERS WELD COUNTY Aggregate Industries-WCR. Inc.. (the "Applicant/Operator") has applied for an Amendment to Regular (1 12) reclamation permit No. M-1989-029. Longmont Distel Operations, with the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials operations in Weld County. The attached information is being provided to notify you of the location and nature of the proposed amendment. The entire application is on file with the Division of Reclamation. Mining. and Safety (the "Division") and the Clerk to the Board of County Commissioners. A copy of the application is also available for viewing at the Longmont Public Library. 409 411' Avenue. Longmont. CO. The approved reclamation to the affected land is wildlife habitat and recreation use. The amendment application proposes to update the reclamation plan to reflect the landscape of the site following catastrophic flooding throughout the St. Vrain Creek watershed in September 2013. The amendment application does not propose to change the currently approved post- mining land use. Pursuant to Section 34-32.5-116(4)(m). C.R.S... the Board may confer With the local Board of County Commissioners before approving of the post-mining land use. Accordingly. the Board would appreciate your comments on the proposed operation. Please note that. in order to preserve your right to a hearing before the Board on this application. you must submit written comments on the application within twenty (20) days of the date of last publication of notice pursuant to Section 34-32.5-112(10). C.R.S. If you would like to discuss the post-mining land use. or any other issue regarding this application. please contact the Division of Reclamation. Mining, and Salt*. 1313 Sherman Street. Room 215. Denver. Colorado 80203. (303) 866-3567. EXHIBIT R Proof of Filing with County Clerk or Recorder Following is a copy of the letter under which a copy of the Longmont Distel Operations Permit No. M-1989-029 MLRB 112 amendment application documents were submitted to the Clerk to the Board of Weld County Commissioners, with Proof of Filing signed and dated by the Clerk to the Board. Longmont Distel Operations Amendment to Permit M-1989-029 March 24. 2016 Clerk to Board of\Veld County Commissioners A� 1150 O Street - Administration Building ,�. A v 3 �W P.O. Box 758 �4 Greeley. CO 80632 RE: Aggregate Industries-WCR, Inc.; Longmont Distel Operations, Weld County, CO MLRB 112 Permit No. M1-1989-029 Amendment Application Dear Clerk: A�tgregate Industries-WCR, Inc. is applying to the Colorado Division of Reclamation. Mining and Safety (DRMS) for an amendment to MIRB 112 Permit No. M-1-1989-029. Longmont Distel Operations. This is a sand and gravel mine located at 1587 Weld County Rd 20 V2. Longmont. CO. Section 1.6.2 ( 1 ) (a) of the Colorado MLRB Rules requires that Notice of Filing of the application be provided to the Board of County Commissioners together with a copy of the application form. The Notice. with application form attached. is enclosed and we request that these he provided to the Board. Section 1.6.2 ( I )(c) of the Colorado MLRB Rules requires that a copy of the entire application packet must he made available to the public through the Clerk or Recorder's office of the county in which the project is located. We have therefore also enclosed with this letter a copy of all documents that arc being submitted with the application firm to DRMS and request that these documents he made available for public review. As Proof of Notice to the Board and Proof of Filing with the Clerk must he provided to DRMS. please sign and date stamp the second page of this letter and return to me. Thank you for your assistance. Very truly yours. , Connie N. Davis Land Manager Enclosures Aggregate Industries West Central Region,Inc. Col, Boulevard,Suite 300 tX 80401 An Equal Opportunity Employer epn ne.303-q85-1070 Clerk to Board of Weld Counts Commissioners A2cregate Industries-WCR. Inc.: Longmont Distei Ope►ations, Weld County.CO MLRB 112 Permit No. M-1989-029 Amendment Application AGGREGATE Pa,e Proof of Notice and Filing This is to certify that the following documents were received by the Clerk to the Board of Weld County Commissioners: Notice to the Board of County Commissioners. Weld County, of Longmont Distel Operations MLRB 112 Reclamation Permit M-1989-029 Amendment Application together with a copy of the application form. Copy of the Longmont Distel Operations N'II.RB 112 Reclamation Permit N1-19S9-0_29 Amendment Application (form and documents as to he submitted to DRMS). which are to he made available to the public for review. The above mentioned Notice and Application was received this day of\larch. 2016 by: Clerk to the Board of Weld County Commissioners Time and Date Stamp: —T ,* , ,i, . • • . • Ai II" - . 41 - . 1O •f ' .ti .L le rrr i. • . ) }/ CO• ', r ; . .If• • 11) . ' `••, .•� & .. • ..+Y! .Mr, .. :yam,,. '4as) co " • Aat aLrea1"••••••'- iii I• ; It C 1. CA C _w• . . ' • • It tt t •. •rte, .. � J ! !r ; I . alb • lir•I . 1.1,' t .x' •'Y ' .��.a ._ T` .-r..•. j"'�"L". . ..-�.. .. .•lin""� - l O P ;71:::::::•:.4. i.. .. ......t,i, ii: 41... , . Y. • • il• .,trios*. ..i. •' . 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