HomeMy WebLinkAbout1.0 ApplicationSPECIAL USE PERMIT
INDUSTRIAL OPERATIONS
(Other than Oil/Gas Wells)
Date: September 15, 1981
Applicant: Albert Frei & Sons, Inc.
Address of Applicant: 11521 Brighton Road, Henderson, CO 80640
Special Use: Extraction and processing of sand and gravel
Legal Description: See Exhibit A attached
Requirements: (See copy of Application to State of Colorado for
Mined Land Reclamation Permit)
1. Plans and specifications for proposed use.
2. Letters of approval from utility companies, sewage and water. Road access
and other information deemed necessary.
3. A vicinity map drawn to scale depicting the subject property, location and
use of buildings and structures on adjacent lots.
4. An impact statement on the proposed use (see 5.03.07 - 5.03.09 of Zoning
Regulations).
5. A copy of Assessor's map showing property; and a listing of all adjoining
property owners and property owners within 200 feet of said property.
Notice containing information described under paragraph 5 shall be mailed
to all owners of record of these lots at least 5 days prior to the hearing
by certified return receipt mail.
6. Notice including the name of the applicant, description of the subject lot,
a description of the proposed special use and the time and place for the
hearing shall be given in the newspaper of general circulation in that
portion of the County at least fifteen (15) days prior to such hearing time.
Applicant shall bear the cost of advertising.
7. A fee of $500.00 shall be charged for each application and shall be sub-
mitted with the application. (Submitted 9/15/81)
This Special Use Permit is in compliance with Sections 5.03and 9.03 of the
Garfield County Zoning Resolution and as per application.
List all property owners within 200 feet of subject property lines.
See Exhibit B attached
Attach map showing all improvements (present and proposed) and all pertinent
distances and area. Show all improvements on your property and adjoining prop-
erty within 200 feet of your boundary.
The above information is correct to the best of my knowledge.
Applicant: President, Albert Frei &
September 15, 1981
Sons, Inc.
Date
ENDORS[_ENT
4110 . EXHIBIT A to
Attached to and forming a part of Special Use Permit
—_CS�MMITMF,NT Application, Garfiel
No. G-05-199-81 County
Issued by
CHICAGO TITLE INSURANCE COMPANY '
` The above referred Commitment is hereby revised as follows:
SCHEDULE A
4. The land referred to in this Commitment is described as follows:
A tract of land situated in Lot 9 of Section 10 and Lots 6,7,8, and
9, the SZSW;, the N1NE1/4 and SW1/4SE4 of Section 11 and Lot 8 of Section
12, all in Township 6 South, Range 92 West of the 6th Principal
Meridian, lying Southerly of the center of the Colorado River,
Easterly of a fence, Northerly of centerline of the County Road and
Westerly of the centerline of Divide Creek, and being described as follows
Beginning at a point in said Lot 9, said point being at the corner
of the existing fence, whence the Section Corner common to Section
10.11,14 and 15 in said Township and Range bears; S. 29°14'18" E. 1067.50
feet;
thence N. 00°54'06" W. 900.24 feet along said fence to a point in the
center of a Channel of the Colorado River;
thence S. 89°55'04" E. 349.37 feet along the center of said River
Channel;
thence S. 84°23'09" E. 345.56 feet along the center of said River
Channel;
thence East 300.00 feet along the center of said River Channel;
thence N. 56°01'00" E. 1137.90 feet along the center of said River
Channel;
thence N. 48°30'36 E. 1675.62 feet along the center of the Main Channel
of said Colorado River;
thence N. 72°34'24" E. 298.67 feet along the center of said River
Channel;
thence S. 75°32'11" E. 1570.16 feet along the center of said River
Channel;
thence S. 89°07'45" E. 807.26 feet along the center of said River
Channel;
thence S. 48°21'40" E. 501.80 feet along the center of Divide Creek;
thence S. 39°42'22" E. 88.33 feet along the center of said Divide Creek;
thence S. 25°33'39" E. 415.86 feet along the center of said Divide
Creek;
thence S. 04°43'49" W. 154.22 feet along the center of said Divide
Creek to a point on the center line of said County Road;
SEE ADDED PAGE
This endorsement is made a part of the policy or commitment and is subject to all the terms and
provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it
neither modifies any of the terrns and provisions of the policy or commitment and prior endorsements, if
any, nor does it extend the effective date of the policy or commitment and prior endorsements or
increase the face amount thereof.
DATED: July 27, 1981
mm
Authorized Signatory
Note: This endorsement shall not be valid or
binding until countersigned by an authorized
signatory.
FORM 7591 R.10.70
CHICAGO TITLE INSURANCE COMPANY
ATTEST:
Secretary
Page
SCHEDULE A
LEGAL
ADDED PAGE
G-05-199-81
LEGAL
thence along said centerline, S. 77°23'48" W. 14.08 feet;
thence along said centerline 131.33 feet along the arc of a curve to
the right, having a radius of 458.33 feet, the chord of which bears
S. 85°36'19" W. 130.88 feet;
thence along said centerline N. 86°11'10" W. 169.01 feet;
thence along said centerline 314.14 feet along the arc of a
the left having a radius of 524.60 feet, the chord of which
S. 76°39'33" W. 309.47 feet;
thence along said centerline
thence along said
along said
along said
along said
along said
along said
thence
thence
thence
thence
thence
centerline
centerline
centerline
centerline
centerline
centerline
the left, having a radius of
S. 66°43'36" W. 380.54 feet;
thence along said centerline S. 62°34'11" W. 357.75
thence along said centerline 132.14 feet along the arc of a
the right, having a radius of 384.73 feet, the chord of which
S. 72°24'32" W. 131.49 feet;
thence along said centerline S. 82°14'54" W. 282.56 feet;
thence along said centerline S. 81°23'24" W. 121.85 feet;
thence N. 03°44'26" W. 360.58 feet along a fence to a fence
thence S. 82°54'20" W. 1219.09 feet along said fence;
thence S. 88°48'43" W. 793.46 feet along said fence to
Beginning.
S.
s.
S.
S.
S.
S.
59°30'15" W. 304.90 feet;
62°26'19" W. 439.98 feet;
65°34'33" W. 184.00 feet;
67°28'53" W. 265.22 feet;
67°25'03" W. 354.34 feet;
70°53'00" W. 1230.41 feet;
380.88 feet along the arc of a curve
2624.93 feet, the chord of which bears
curve to
bears;
to
feet;
curve to
bears:
ALSO CONVEYING
corner;
the Point of
Those portions of Lot 6 and the SWQSWq of Section 11, Township 6
South, Range 92 West of the 6th P.M. lying within a tract described
as follows:
Beginning at an iron post with a brass cap found in place and properly
marked for the Southwest Corner of said Section 11;
thence N. 45°29'15" E. 1492.88 feet to a point along the side of a
fence, the TRUE POINT OF BEGINNING:
thence S. 82°54'20" W. 792.28 feet along said fence;
thence leaving said fence N. 03°11'55" W. 252.17 feet;
thence N. 13°20'13" E. 346.83 feet;
thence N. 87006'38"'E. 59.54 feet to a point near the headgate of
the Rising Sun Ditch;
thence N. 11°52'54" E. 261.92 feet to a point in a Meander Channel of
the Colorado River;
thence along said Meander Channel,N. 56°01'00" E. 293.89 feet;
thence leaving said Meander Channel South 715.41 feet;
thence N. 82°54'20" E. 350.00 feet to a point being common with
the N.W. Corner of a 4.82 acre parcel of land;
thence S. 03°44'26' E. 243.32 feet, being the saime as the Westerly
line of a 4.82 parcel of land to the TRUE POINT OF BEGINNING.
County of Garfield
State of Colorado
SEE ADDED PAGE
Page 2
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ADDED PAGE
SCHEDULE A
LEGAL G-05-199-81
LEGAL
EXCEPTING THE FOLLOWING DESCRIBED PARCELS
PARCEL 1
A parcel of land situated in Lot 9 of Section 10 also in Lot 6 and
the SW4SW4 of Section 11, all in Township 6 South, Range 92 West
of the Sixth Principal Merician, together with a portion of the
Meander Land lying Northerly of said Lots 6 and 9, lying Easterly
of the Easterly right-of-way line of County Road No. 311, Northerly
of a fence as constructed and in place and Southerly of the Northerly
bank of the Rising Sun Ditch, said parcel of land is described as
follows:
Beginning at the Section Corner common to Sections 10, 11, 14, and 15,
in said Township and Range;
thence N. 29°14'18" W. 1067.50 feet to a point on the Easterly
right-of-way line of said County Road, the true point beginning;
thence N. 00°54'06" W. along the Easterly right-of-way line of said
road, 255.36 feet to a point on the Northerly bank of said ditch;
thence along the Northerly bank of said ditch N. 80°29'47" E. 159.25
feet;
thence N. 49°31'54" E. 292.50 feet;
thence S. 82°57'42" E. 198.84 feet;
thence S. 33°21'20" E. 116.83 feet;
thence S. 61°33'16" E. 168.96 feet;
thence leaving said ditch bank S. 03°11'55" E. 252.17 feet;
thence S. 82°54'20" W. 6.54 feet along said fence;
thence S. 88°48'43" W. along said fence, 793.46 feet, more or less
to a point on the Easterly right-of-way line of said Road, the true
point of beginning.
PARCEL 2
Those portions of Lot 9 in Section 10 and of Lot 6, and the SW,TSW4
of Section 11, Township 6 South, Range 92 West of the 6th P.M.
lying with a tract described as follows:
Beginning at a point on the East right of way line of Garfield County
Road No. 311 whence the Southeast corner of said Section 10 bears;
S. 29°14'18" E. 1067.5 feet;
thence N. 0°54'06" West, along said right of way line, 255.36 feet
to a point on the Northerly bank of the Rising Sun Ditch, the True
Point of Beginning;
thence N. 0°54'06" West, along said road right of way line, 644.88
feet to a point on the centerline of the Colorado River channel,
thence along said centerline, the following courses and distances;
S. 89°55'04" E. 349.37 feet; S. 84°23'09" E. 345.56 feet;
and E. 300 feet;
thence S. 11°52'54" W. 261.92 feet to a point on the Northerly bank
of<said Rising Sun Ditch;
thence Southerly and Westerly along said ditch bank, the followng
courses and distances:
S. 87°06'38" W. 59.54 feet; S. 13°20'13" W. 346.83 feet; N. 61°33'16"
W. 168.96 feet; N. 33°21'20" W. 116.83 feet; N. 82°57'42" W.,
198.84 feet; S. 49°31'54" W. 292.50 feet; and S. 80°29'47" W.
159.25 feet to a True Point of Beginning.
SEE ADDED PAGE
Page 3
• •
SCHEDULE A
LEGAL
PARCEL 3
ADDED PAGE
G-05-199-81
LEGAL
A parcel of land situated in the SW4 of Section 11, Township 6 South,
Range 92 West of the 6th P.M. County of Garfield, State of Colorado,
said parcel of land is described as follows:
Beginning at an iron post with a brass cap found in place and properly
marked for the SW Corner of said Section 11;
thence N. 63°51'33" E. 1665.65 feet to a point in County Road No.
311 the True Point of Beginning;
thence N. 3°44'26" W. 360.58 feet along,,a--fence as constructed and in
place;
thence S.
thence N.
thence N.
thence S.
No. 311;
thence S.
No. 311;
82°34'20" W. 420.27 feet along said fence;
3°44'26" W. 243.32 feet;
82°54'20" E. 600.00 feet;
3°44'26" E. 600.00 feet to a point in said County Road
82°14'54" W. 58.15 feet along a line in said County Road
thence S. 81°23'24" W. along a line in said County Road No. 311,
121.85 feet, more or less to the True Point of Beginning.
Parcel 4
A parcel of land situated in Lot 8 of Section 12, Township 6 South,
Range 92 West of the Sixth Principal Meridain, lying Westerly of
the center of Divide Creek, Southerly, Easterly and Northerly of
a fence as constructed and in place, said parcel of land is described
as follows:
Beginning at a point on said fence whence the Northwest Corner of
said Section 12 bears: N. 02°18'50" W. 2781.21 feet;
thence N. 72°46'27" E. along said fence, 478.24 feet, to a point
in the center of said creek;
thence S. 00°50'51" W. 191.70 feet along the center of said creek;
thence S. 41°21'35" E. 131.58 feet along the center of said creek;
thence S. 10°31'50" W. 71.52 feet along the center of said creek;
thence S. 13°26'18" E. 88.13 feet along the center of said creek;
thence N. 82°42'56" W. 310.98 feet°along said fence;
thence N. 87°33'34" W. 173.62 feet along said fence;
thence N. 14°25'36" W. 266.43 feet along said fence, to the Point
of Beginning.
County of Garfield
State of Colorado
NOTE: The Company hereby reserves the right to further examine,
compare and verify the property description prior to the
preparation of any documents and prior to the real estate
closing. This Commitment, and specifically the legal
description contained above, are subjecy to any and all
revisions which may be necessary as a result of the revision
of the property description.
Page 4
PROPERTY OWNERS WITHIN 200 FEET
OF SUBJECT PROPERTY
(to be notified by certified mail,
return receipt requested)
Valley Farms, Inc.
United States of America
Garfield County
Lee A. and Deloris M. Smith
Leno B. and Shirley Montover
Colorado Highway Department
David K. and Cathy A. Raley
William and Della Porter
EXHIBIT B
to Special Use Permit
Application, Garfield
County
P. 0. Box 248, Silt, CO 81652
(No address of record in files
of Garfield County Assessor)
Glenwood Springs, CO 81601
P. 0. Box 44, Silt, CO 81652
1914 Co Rd 311, New Castle 81647
4201 E. Arkansas, Denver 80222
P. 0. Box 287, Rifle, CO 81650
c/o Barton Porter and Carl
O. Short, Box 296, New Castle,
Co. 81647
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Application for a
Mined Land
Reclamation Permit
S
ALBERT FREI & SONS
SILT PIT
GARFIELD COUNTY, COLORADO
SEPTEMBER, 1981
I PREPARED BY
• ENV/RONMEN7 INC.
1 9989 West 60th. Ave.
Arvada, Colorado 80004
1 (303) 423-7297
1
REGULAR (112) PERMIT APPLICATION
1 STATE OF COLORADO
.ned
Land Reclamation Board
partment of Natural Resources
I1313 Sherman Street, Room 423
Denver, Colorado 80203 (303) 866-3567
Application for Mining and
Reclamation Permit, pursuant
to C.R.S. 1973, 34-32-101 et seq
as amended
1 Name of operation
' (Pit name)
Silt Pit
2 Name of applicant/operator
Albert Frei & Sons, Inc.
3 Address/phone - local office
11521 Brighton Road
Henderson, CO 80640 289-3316
4 Address/phone - general office
Same
' 5 Name and phone - person staff
members should contact
Operations: Albert R. Frei 289-3316
Permit: Larry E. O'Brian 423-7297
6 Parent corporation, if applic-
- name and address
N/A
'able
7 Owner(s) of record of affected
land - surface area
See Exhibit P
8 Owner(s) of substance to be mined
See Exhibit P
9 Source of legal right to enter
(see Exhibit 0, Affidavit)
10 Type of mine and substance to be
mined
Open pit, sand and gravel
11 General location and elevation
(Miles and direction from near-
est town and site elevation
One mile southeast of the
Town of Silt
Elevation: 5440feet f sea level datum
4111 County
Garfield
1 Acreage of affected land
177,45 acres ±
14 Application fee
$ 1,578
115 Present land use
Cattle feedlot and crop farming
16 Surrounding land uses
Agriculture. residences, saw mill,
county gravel pit
17 Proposed future land use
Private recreation; residential
development
18 Other mining permits and opera-
tions in Colorado
See Exhibit N
19 No affect on lands described in
34-32-115(4)(f) CRS 1973 Rev.
True
20 Exhibits included
A through P
'Map exhibits included
C, D1 and F, I-1 and J-1
21 Notice requirements
(see Appendix)
,22 Additional information
(see Appendix)
23 I hereby declare that all information
1
Dated September 11 , 198 1
11,1
and correct.
1
1
presented in this application is true
Operator ALBERT FREI & SONS,
INC.
Title
Albert H. Ere'
President
(legally authorized to
bind the operator)
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TABLE OF CONTENTS
Legal Description (Exhibit A)
Page
2
Index Map (Exhibit B) 3
Affected Lands Map (Exhibit C) 4
Mining Plan and Timetable (Exhibit D) 5
Mining Plan and Stages (Map Exhibit D-1) 12
Reclamation Plan and Timetable (Exhibit E) 13
Reclamation Map (Exhibit F) 21
Baseline Data:
Water Resources (Exhibit G) 22
Wildlife (Exhibit H) 25
Soils (Exhibit I) 26
Soils (Map Exhibit I-1) 29
Vegetation (Exhibit J) 30
Vegetation (Map Exhibit J-1) 32
Climate (Exhibit K) 33
Additional Data:
Reclamation Costs (Exhibit L) 34
Local Government Approval (Exhibit M) 36
Other Mining Permits and Operations in Colorado
(Exhibit N) 37
Source of Legal Right to Enter (Exhibit 0) 38
Owners of Record and Touching Landowners (Exhibit P) 39
Appendix:
Published Notice 40
Proof of Publication 41
Notice to Landowners 42
Certified Mail Receipts 43
Certificate of Secretary of Corporation 44
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EXHIBIT A
LEGAL DESCRIPTION
Part of the SE/4 NE/4, SW/4 NE/4, NE/4 SE/4, SW/4 SE/4,
NW/4 SE/4, NE/4 SW/4, SE/4 SW/4, NW/4 SW/4 and SE/4 NW/4,
Section 11, and part of the NW/4 SW/4 and SW/4 NW/4, Sec-
tion 12, Township 6 South, Range 92 West, 6th Principal
Meridian, Garfield County, Colorado.
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EXHIBIT B - INDEX MAP
ALBERT FREI g SONS, INC.
SILT PIT
Pant a -the SE/4 NE/4, S U/4 NE/4,
_ NE/4 SE/4, SW/4 SE/4, W/4 SE/4,
NE/4 SW/4 SE/4 SW/4, NW/4 SW/4
and SE/4 IJOJ/4, Sec.. 11, and pa/a a6
-the NW/4 SW/4 and SW/4 N(U/4, Sec.
` 12, T6S Ri.9tyw' C6 th P. •' Ganbtie.2d
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MINING PLAN AND TIMETABLE
exhibit D
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EXHIBIT D
MINING PLAN AND TIMETABLE
Location. The affected land is located one-half mile
south and one mile east of Silt, Colorado. In order to reach
the property, one exits Interstate -70 at Silt (Exit 97) and
proceeds east on the south access road a little less than one-
half mile to a north/south road, thence south about one-half
mile to another east/west road, thence east a distance of
approximately 0.5 miles to the pit entrance.
History. The operator was granted an option to purchase
the subject property in the summer of 1981 by Barton Porter and
Carl 0. Short (see Exhibit 0). Test holes made in late summer
indicate the presence of commercial sand and gravel deposits in
acceptable quality and quantity on the approximate 190± acres.
Work was started immediately to obtain county and state approval
for removal of the natural resource.
Current Conditions. Map Exhibit C shows the outline of
the affected land, touching landowners, topography, hydrologic
factors and existing facilities. A small part of the
property is in use as a cattle feedlot; the remainder is
planted in corn and other crops.
Surrounding uses include residential/agricultural on the
east; the river on the north with hay meadows north of the
river; a trailer site, small portable sawmill and a county
gravel pit to west; and hay fields atop the mesa to the south.
Geologic Setting. The affected land is located west of
the Grand Hogback Monocline on the eastern side of the
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EXHIBIT D (Cont'd)
Piceance Basin. The surface area for miles around is covered
by the Tertiary Wasatch and Ohio Creek Formations. The
Wasatch Formation (Eocene and Paleocene) is variegated clay -
stone, siltstone, sandstone and conglomerate with carbonaceous
shale and lignite near the base. The maximum thickness is
about 5800 feet. The Ohio Creek Formation (Paleocene) is a
sandstone and conglomerate. Near the Town of Silt its thick-
ness is 50 feet to 100 feet. The Colorado River has eroded
these formations so that riverbottom in the vicinity of the
affected land is a little over a mile wide. In this area Quater-
nary alluvial sand and gravel of Holocene age have been deposited.
Backhoe tests reached a depth of approximately 15 feet,
encountering from 8 to 15 feet of sand and gravel. Projections
from nearby areas indicate that the thickness of the commercial
sand and gravel deposit will average approximately 25 feet.
The holes also encountered overburden that varies in thick-
ness from 0 to 7 feet. This overburden overlays the alluvial
sand and gravel. The thickest overburden was encountered on
the south part of the property near the county road.
The Wasatch -Ohio Creek Formations are the bedrock beneath
the sand and gravel deposits and will provide a firm, fairly
even and smooth pit floor.
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EXHIBIT D (Cont'd)
Soils and Overburden There are four types of natural
soil on or adjacent to the site. These soils vary in
depth from zero to 18 inches. Of the 177.45 acres of
affected land, approximately 137.57± acres will become water
area and 3.21± acres will be roads. Thus, 36.671 acres
will require revegetation. Sufficient quantities of salvage-
able soil will be available to resoil this 36.67± acres to
a depth of 8 to 12 inches (see Exhibit I for more details
concerning soils).
A large part of the soils on the property are so poor
that they must be segregated and spoiled with other waste
materials so that the good soils are not contaminated.
Estimates of in situ soils are based on the McArdle
system. High-quality soils are estimated to be 118,983
yards. A maximum of 39,046 yards will be required to
resoil the affected land to be revegetated. Thus, excess
soil is estimated to be in the ratio of about 39 to 1.
If soils are to be stockpiled without disturbance
for over a year, a protective cover of Western Wheatgrass
will be planted during the first planting season after
stockpiling. The deeper material on the site is very gravel-
ly and will be excavated as aggregate source material.
EXHIBIT D (Cont'd)
Mining Plan. Mining will occur in five stages so as to
minimize surface disturbances on the affected land at any one
time. Map Exhibit D-1 delineates the proposed mining stages,
the sequence of mining and estimated time duration of each
mining stage.
Mining will start in the west end of the property (Stage 1
Exhibit D-1) and will progress to the eastern part of the
affected land (Stage 5, Exhibit D-1). A portable processing
plant will be located in the near vicinity of a current mining
stage. The proximity factor of the processing plant, which
will occupy about three to five acres, will necessitate mov-
ing it four to six times during the life of the mine. Addi-
tional acreage will be used for aggregate stockpiles.
Along the north boundary of the property the excavation
line (a line indicating the limits of the excavation) has been
set back 100 feet from the existing south boundary of the river
channel; on the east and west property boundaries the setback
is 30 feet; on the south the setback is 50 feet from the county
road right-of-way.
The mine area is to be dewatered and excavated under semi-
dry conditions. Dewatering will be started prior to mining
and will continue throughout the life of the mine (see
Exhibit G, Water Information, for more details). An NPDES per-
mit will be obtained from the Department of Health.
Before mining begins in each stage, the existing soils
and overburden must be stripped, segregated and stockpiled.
EXHIBIT D (Cont'd)
Soil stockpiles will be established in perimeter areas and
in areas previously mined as requirements dictate. Stripping
ahead of the mining operation will be reduced as much as pos-
sible so as to minimize visual impact.
After the soils and overburden are stripped, excavation
will be carried out by using front end loaders to remove the
sand and gravel. The material then will be transported to
the processing crusher. Equipment to be used may include,
but is not limited to, front end loaders, scrapers, a dragline,
bulldozers, conveyors, dump trucks and a water truck.
As mining proceeds in Stages 1 through 5, the perimeter
bank slopes will be mined at 1 to 1 in most cases. As a
result, it will be necessary to backfill the perimeter areas
to establish 3 to 1 lakeshore slopes. Backfilling will follow
as closely as possible the mining of the perimeter areas.
The stockpiled overburden will be used as needed for
fill problem areas and to smooth the final grading. The stock-
piled overburden may also be used to create irregularities
along the shoreline to give the lake a more pleasing appearance.
Map Exhibit F, the Reclamation Map, does not indicate these
irregulatiries in shoreline because it is not now known the
exact tonnage of fill material that will be available or
where it will be available. Whatever amounts of overburden
are available as excess will be used for the creation of shore-
line irregularities.
Processing equipment may include, but is not limited to,
a plant consisting of a primary jaw crusher, secondary
-9-
1
1
1
1
1
1
IS
1
1
1
1
1
le
1
EXHIBIT D (Cont'd)
crusher, screens, classifiers, conveyors and a wash plant.
The processing plant area will be 10± acres and will be very
portable. The first location of the plant will be on the
west end; the final plant location will be on the east end.
Equipment will be operated in compliance with state air
pollution standards. A Colorado Department of Health Emis-
sions Control Permit will be obtained.
This is a semi -dry operation and the operator expects
no unusual problem with fugitive dust. Water consumption for
dust suppression can only be estimated because variables of
operating days, windy days, rainy or snowy days and the num-
ber of affected acres will fluctuate drastically. The opera-
tor's best estimate of annual water useage is 6 acre feet.
In addition, it is expected that the wash plant will consume
approximately 22 acre feet per year. Thus, total water useage
is expected to be approximately 28 acre feet per year.
tor's best estimate of annual water useage is 9.76 acre feet.
In addition, it is expected that the wash plant will consume
approximately 27.62 acre feet per year. Thus, total water
useage is expected to be approximately 37.38 acre feet per
year.
Some acreage on the site is probably classified as
wetlands by the Corps of Engineers. As the operator under-
stands this classification, no buildup or backfilling is per-
mitted in such an area without a 404 permit, but no permit is
required for extractive operations. Therefore, the operator
has not applied for a 404 permit.
-10-
1
1
1
1
1
1
I*
1
1
1
1
1
i
10
1
1
EXHIBIT D (Cont'd)
An offsite area of approximately five acres, probably
across the river to the north, will be leased for use as a
loading and truck parking facility. Since it is offsite, the
operator has not included it in the affected acreage.
Mining Timetable. The uncertainty of economic conditions
in the construction industry precludes an accurate forecast of
demand over the next 10-20 years Therefore, the operator has
elected to estimate a mining timetable based on an average
year and expects a specific year to vary widely from the
average.
Mining Timetable
Silt Pit
Mined Total Mined
Stage Years Acres± Acres±
1 1-3 37.55 30.55
2 1-3 34.20 30.55
3 1-3 33.15 30.55
4 1-3 36.19 30.55
5 1-3 36.36 30.55
177.45 152.75
-11-
Average Annual
Tonnage
600,000
600,000
600,000
600,000
600,000
1
1
1
1
1
1
Pp
1
1
1
1
1
1
1.
1
1
RECLAMATION PLAN AND TIMETABLE
exhibit E
EXHIBIT E
RECLAMATION PLAN AND TIMETABLE
Reclamation. The operator proposes the planned future
use of the property to be a private lake recreation area with
possible residential development in perimeter areas at a later
date. The affected land will be reclaimed by backfilling the
perimeter of the pit to slopes of 3 to 1 and by mining and
backfilling to create an irregular shoreline. Revegetation of
the area with appropriate grasses and trees will create
pleasant conditions for the planned use.
The lake to be created will be approximately 137,57±
acres. It will be approximately 5,000 feet long in an east -
west direction and will vary in width north to south from
600 feet to 2,100 feet. The shorelines generally will be
irregular except on the south perimeter of the pit. The south
perimeter will be relieved by irregularities created by mining
or by backfilling so as to present a more natural appearance.
Perimeter slopes will be maintained at 3 to 1 or less from
five feet above to ten feet below the water level of the
lake.
As outlined in the Mining Plan, the site will be mined in
five stages. Each stage will last for one to three years.
At the conclusion of each mining stage, a reclamation phase
will be commenced. Map Exhibits D-1 and F contain complete
details and progression of mining stages and reclamation
phases.
In salvaging topsoils, reference will be made to the infor-
mation outlined in Exhibit I. It is expected that approximately
-13-
EXHIBIT E (Cont'd)
15 inches of soil will be salvageable. Approximately 6 to 10
inches of topsoil will be redistributed on the areas of the
property to be reseeded. The available water capacity at
that depth will be approximately one inch and is considered
suitable for the species recommended. In the area of the
affected land, use of mulches and irrigation often creates
very severe weed problems. A depth of 6 to 10 inches of top-
soil will eliminate the need for mulching and irrigating but
will allow development of adapted species. (See Revegetation
Program later in this Exhibit E.)
The operator will attempt to complete final grading,
fertilizing and seeding within one year of the completion of
each mining stage. Planting and fertilizing will occur
between mid-September and late October whenever possible.
If fall planting is impossible and spring planting is an
unavoidable necessity, the operator will plant between mid -
and late March in each revegetation year. During the balance
of the reclamation phase, reclamation progress will be
monitored and remedial work will be performed where necessary.
The operator believes that when the site is reclaimed,
conditions for many species of wildlife will be improved.
Reclamation Performance Standards. The operator intends
to conduct its mining activities in compliance with the
Reclamation Performance Standards of Rule 6.
Grading will be performed to create a final topography
appropriate to the planned future land use. When backfilling
is necessary, the operator will replace overburden and waste
-14-
EXHIBIT E (Cont'd)
materials in the mined area and will insure that the heavy
equipment used for this purpose is compacting the earth
sufficiently well to achieve good stability. All grading
will be done in a manner to control erosion and to protect
areas outside the affected land from slides or other damage.
All backfilling and grading will be completed as soon as
feasible after the mining process. All refuse will be handled
and 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 in this operation.
There are no drill or auger holes on the land. Maximum slopes
will be within the limits set forth in the Rules and Regulations
of the Board.
This operation will be carried out by dewatering the
sand and gravel deposit and mining under semi -dry conditions.
There will be some local disruption to the prevailing hydro-
logic conditions during the life of the mine. The operator
will comply with applicable Colorado water laws and regula-
tions (as the operator understands them) governing injury to
existing water rights in order to minimize any disturbance
which might occur to the prevailing hydrologic balance of the
affected land and of the surrounding area and to the quality
of water in surface and groundwater systems both during and
after the mining operation and during reclamation. In addi-
tion, the operator expects to comply with applicable federal
and Colorado water quality laws and regulations. There are no
1
1
1
1
1
1
N
1
1
1
1
1
1
1.
1
1
EXHIBIT E (Cont'd)
dredge facilities nor are there any temporary or large silta-
tion structures involved in this operation. There will be no
earth dams. See Exhibit G for details concerning water
resources.
The mining and reclamation plans take into account the
safety and protection of wildlife remaining on the mine site,
at the processing sites and along all access roads to the mine
site.
Where it is necessary to remove the topsoil and overburden
to reach the mineral deposit, the highest -quality topsoils
found on the affected land will be removed in sufficient
quantity to implement the reclamation plan. These topsoils
will be segregated and protected. If the topsoil is not
replaced on areas to receive revegetation within a short
enough time (not to exceed one growing season) to avoid
deterioration of the topsoil, vegetative cover or other means
will be employed to preserve the topsoil from wind and water
erosion, to protect it from any contamination by acid or toxic
materials, and to keep it in a useable condition for sustain-
ing vegetation when it is redistributed in accordance with the
reclamation plan. Topsoil stockpiles will be maintained to
minimize erosion and will be located in areas where disturbances
by ongoing mining operations will be at a minimum. The top-
soils will be handled as little as possible until they are
replaced in disturbed areas. The operator will take measures
necessary to insure the stability of the replaced topsoil on
-16-
EXHIBIT E (Cont'd)
graded slopes, spreading it as evenly as possible. Fertilizer
and other soil amendments will be used as required in the
Reclamation Plan or as the soil tests indicate.
Revegetation. Revegetation will be carried out in such a
way as to establish a diverse, effective and long-lasting
vegetative cover that is capable of self -regeneration without
continued dependence on irrigation, soil amendments or
fertilizers. The plan is designed to create a vegetative cover
that is at least equal in extent to the cover of the natural
vegetation of the surrounding area. The use of species native
to the area will be included. Since the intended use of the
reclaimed land is a recreation area, the land will be restored
to slopes commensurate with such use. Seed will be drilled
wherever possible. Where drilling is not possible, the seed
will be broadcast. The revegetation plan provides for the
greatest probability of success in plant establishment and
vegetative development by considering environmental factors
such as seasonal patterns of precipitation, temperatures and
wind. Other factors, such as soil texture, fertility, slope
stability and the direction in which slopes face, have been
considered. A weed control plan is included in the program.
Necessary access roads will be constructed through the areas
to be planted. The roads will provide access for planting
crews and for the supervision and inspection of the reclaimed
land.
EXHIBIT E (Cont'd)
Revegetation Program. The revegetation program to be
implemented by the operator is detailed below. This plan is
excerpted from a report prepared by Mark A. Heifner of Oikos
Environmental Services and is based on his investigation of
soils and vegetation on the site (see Exhibits I and J).
1. Fertilizer. Soils will be tested carefully prior to
seeding. Samples will be collected from redeposited topsoil
and will be submitted to the soil testing laboratory at
Colorado State University. Fertilizers to produce the best
growth in the shortest time will be added prior to seeding.
2. Seedbed Preparation. When the soil has been spread
and the fertilizer distributed, the surface will be smoothed
of large clods and worked until moderately fine where the seed
is to be drilled; the surface will be left fairly rough where
it is necessary to broadcast the seed.
3. Seed Mixture. The following mixture will deposit
about 30 live seeds per square foot and should be drilled
in all areas to be revegetated between September 15 and
October 15. The mixture is designed to be drilled at a
depth of 1/4 to 3/4 inch; if it is necessary to broadcast
the seed, seed rates will be doubled and will be spread on
a rough surface and dragged thoroughly after seeding.
Species Lbs.PLS/Acre
Alkali Sacaton
Russian Wild Rye
Streambank Wheatgrass
Tall Wheatgrass
Western Wheatgrass
Yellow Sweetclover
0.5
2.0
1.0
4.0
2.0
0.5
10.0
EXHIBIT E (Cont'd)
4. Mulch. The seed mixture does not require a mulch;
mulching could be a distinct deterrent to successful revegeta-
tion because the mulching action would keep the soils more
moist and somewhat cooler than desirable and could induce
excessive salt buildup in the soil surfaces.
5. Irrigation. Irrigation is not considered necessary
for establishment of the recommended revegetation.
6. Weed Control. Growth of weeds will be monitored care-
fully each spring for the first two years after seeding. Severe
weed growth will be controlled by mowing. Chemical weed con-
trol will be avoided because the chemicals would kill the
Yellow Sweetclover.
7. Trees. Native species are expected to invade the
affected land. The operator expects to plant approximately
300 bare -root cottonless cottonwoods (not Siouxland variety)
along the north, northeast and northwest perimeters of the
lake. In addition, approximately 200 bare -root Russian Olives
will be planted along the south property line.
8. Grazing. No horse, cattle and sheep grazing will be
permitted during the first two or three years because grazing
would damage the young plants.
9. Native Invaders. A number of species can be antici-
pated to invade the area rather heavily in the first five to
seven years. Most will invade along the lake shores. Willow,
Tamarix and saltgrass can be expected to invade strongly in
the wet and saline areas. Also, Cattails and Reeds will invade
EXHIBIT E (Cont'd)
the water areas immediately offshore, thereby providing excel-
lent wildlife habitat and littoral conditions. Sagebrush and
Rabbitbrush will invade the upland areas where soils are more
coarse. Possibly some Cottonwood will be found in selected
areas, but this is questionable.
Reclamation Timetable. The reclamation phases listed
below may be correlated to Map Exhibits D-1 and F. The
phases correspond to the mining stages and are numbered
accordingly. Note that these are estimates only and that
variations may occur.
Reclamation Timetable
Silt Pit
Acres t
Reclamation Revege-
Phase Years Total Water Road tation
1 4-6 37.55 27.35 1.17 9.03
2 4-6 34.20 29.96 0 4.24
3 4-6 33.15 28.12 0.64 4.39
4 4-6 36.19 23.87 0 12.32
5 4-6 36.36 28.27 1.40 6.69
177.45 137.57 3.21 36.67
1
1
1
1
1
1
10
1
1
1
1
1
1
1•
1
1
BASELINE DATA
waters, wLfdtiie, 4oitz,
vegetation, ctLma-te
1
1
1
1
1
1
11
1
1
1
1
1
•
1
EXHIBIT G
WATER INFORMATION
The Silt Pit property borders on the Colorado River
(see Map Exhibit C) and Divide Creek is the eastern boundary
of the site owned by the operator. Topographic maps indicate
several irrigation ditches running in a generally east to west
direction on the subject land. The ditches appear to begin at
Divide Creek. It is our understanding that the previous
owner pumped directly from the Colorado River for irrigation
purposes. There are no other waterways, canals, dams,
reservoirs or wells on the affected land.
The Silt Pit is to be dewatered by pumping settled water
to the Colorado River under an NPDES permit to be obtained
from the Colorado Department of Health.
It is estimated that under normal conditions the pit
will operate 250 days per year, 68 days of which are expected
to be summer days with dust suppression water useage at
20,000 gallons per day. The balance of 182 days will be
spring, fall and winter days with maximum water useage expected
to be 10,000 gallons per day. Thus, total water useage is
estimated at 3,180,000 gallons per year, or 9.76 acre feet
per year.
In addition, the wash plant will handle approximately
1,000 gallons per minute. Most of the water will be returned
to a settling pond and recirculated repeatedly. The operator
estimates a water loss varying between 4 percent and 8 percent.
For the purpose of this estimate, the operator has used
-22-
1
ie
1
1
1
1
1
1
1
le
1
1
1
1
1
•
1
EXHIBIT G (Cont'd)
6 percent for the average 10 -hour day; thus, consumptive water
use is approximately 60 gallons per minute, 9.00 million
gallons per year, or 27.62 acre feet per year.
Total consumptive use for dust suppression and the wash
plant is expected to be 37.38± acre feet per year.
The option to purchase the property indicates availability
of 3 cfs of adjudicated water for irrigation purposes plus an
additional 2 cfs of conditional water. It is expected that a
change of use from agriculture to industrial will meet water
needs for the mining project now and in the future.
The effect of runnoff water on surrounding lands will not
be a problem. Drainage will be into the pit area, not away
from the excavation. There may be small areas that are excep-
tions. They will be ditched and the water will be returned to
the lake to prevent damage to other properties.
There will be no water used for reclamation. It is not
planned to irrigate the revegetated lands. Whenever possible,
overburden materials will be used to backfill and reduce water
area.
The operator's intention is to minimize disturbances to
the prevailing hydrologic balance of the affected land and of
the surrounding area and to the quality and quantity of water
in surface and groundwater systems, both during and after
mining and during reclamation. The operator believes it is in
compliance with federal and state laws and regulations govern-
ing water and water rights. There is no application of the
-23-
1
1
1
1
1
1
1
1
1
1
1
i•
1
EXHIBIT G (Cont'd)
river dredge law or of the siltation structure removal
requirement.
It is not expected that this operation will cause measur-
able, material injury to senior water rights. The irrigated
land taken forever from consumptive use should more than
balance the industrial uses contemplated.
-24-
1
1
1
1
1
1
1
1
1
1
EXHIBIT H
WILDLIFE
The following is a report prepared by Mark A. Heifner
of Oikos Environmental Services.
The site has a limited utility for wildlife because of
its agricultural use. Areas where natural vegetation is
found can support fairly large populations of birds and
small mammals. The wetlands support many birds including
blackbirds, ducks, grebes and various wading birds. Muscrat
probably occurs here, too.
The Riparian lands support many small mammals including
several species of rodents. Also, fox and deer could be
found here. Among birds would be many songbird species includ-
ing sparrows, warblers, woodpeckers and other tree -clinging
species.
winter,
Raptors would include various hawks, owls and,
ld Eager Great Blue Herons.
Riparian and swamp areas.
may also use the
in
The Bald Eagle occurs in the area during winter and uses
the trees for roosting and fishing perches It is an endangered
species. Other than an effect on Bald Eagles, impact on wild-
life should be minimal to moderate. Aquatic habitat will
increase, but the treed Riparian habitat will probably decrease.
Large trees along the river should be allowed to remain in
place in order to alleviate some of the effect on the eagles.
Consideration
should be given to planting trees as part of the
reclamation plan so that eventually some of the habitat loss
will be replaced.
-25-
1
1
1
1
1
1
1
1
1
1
EXHIBIT I
SOILS
The following is a report prepared by Mark A. Heifner
of Oikos Environmental Services.
Soils of the site are of four types. Two of the units
are not of a type that would be useful in revegetation. One
of the other two soils is much better and can be salvaged
where needed and used beneficially in the reclamation of the
site. The fourth soil is marginal; its salvage is not recom-
mended unless insufficient amounts of suitable soils are
acquired from other areas. Approximately 40-50 percent of the
soil on the site is salvageable and about half of that which
is salvageable is of good quality. The remainder is salt -
affected, storey, thin, alkaline, or gleyed, or any combination
thereof.
The Arvada Loam forms a narrow strip between the road and
the agricultural or wetlands. This soil is a silty clay loam
about five feet deep with about 14 inches in the surface layer.
It is occupied by the Saltbush stands described in Exhibit J.
The Arvada Loam tends to be strongly alkaline and rather saline.
In this case, it is very strongly alkaline. None of this soil
should be salvaged because it would do serious harm to any
vegetation program.
The Halaquepts soil occurs through most of the area. It
is a highly variable soil ranging from an excellent loam to a
heavy clay. At about 24 inches, gravel abruptly increases in
-26-
1
1
1
1
1
1
1
1
1
1
EXHIBIT I (Cont'd)
quantity. In lowland sites, it develops Cattail-Reedgrass
swamps and tends to exhibit moderate to severe gleization.
Salinity can also be moderate to very high. Local elevated
areas tend to be more toward the loamy condition and can be
used for crops or are occupied by the diverse Grass -Shrub
stands. On the subject property, corn and alfalfa is grown
on this soil. The Halaquepts definitely forms salvageable
soil to a depth of about 12 inches. However, it is of second-
ary priority to the Wann Sandy Loam which is found on the
east end of the site.
The Alluvial Wash soil is several magnitudes more variable
than the Halaquepts. Within a few feet the soil can vary
from pockets of silt several feet deep to shallow silt veneers
only a few inches deep or even exposures of riverwash cobbles.
Salinity tends to be a problem but is not as severe as in most
parts of the Halaquepts. The main challenge is the salvage of
a soil that can vary in depth from none to several feet back
to none in a matter of a few horizontal yards. Vegetation is
of a Riparian type, as described in Exhibit J.
The Wann Sandy Loam is by far the best soil on the site.
Its total depth is as much as five feet, but generally only the
top 18 to 24 inches is useful in revegetation. Here it is
slightly alkaline and saline, but it is not limiting. Salvage-
able depth is at least 12 inches and often as much as 24 inches.
As an average, 15 inches would be good. The best alfalfa and
corn grow on this soil. All of it should be saved as the
-27-
1
1
1
1
1
1•
1
1
1
1
EXHIBIT I (Cont'd)
highest priority soil for revegetation. Any deficiencies of
the Wann Sandy Loam should be made up from the best areas of
the Halaquepts.
-28-
1
le
1
1
1
1
1
1
1
r111111
1
1
1
EXHIBIT J
VEGETATION
The following is a report prepared by Mark A. Heifner
of Oikos Environmental Services.
Vegetation of the area is composed of many units, some
of which are quite complex. However, most of the area is
occupied by agricultural vegetation. In 1981 the site was
planted in corn or alfalfa. Both crops do very well on the
soils.
Other vegetation units include a large area of Cattail-
Reedgrass swamp, a scattered and diverse stand of grasses and
shrubs, a typical bottomland sagebrush community, an extensive
stand of Riparian Vegetation composed of willows and cotton-
woods along the Colorado River, and a small area of Saltbush
on the saline/alkaline soils.
The Cattail-Reedgrass stands exist on very wet Halaquepts
soils next to the occasional areas of open water in these
swampy areas. These species form a tall, very dense stand
with a cover of 100 percent except where open water occurs.
The Grass -Shrub community is a highly diverse area and
probably could be broken into at least a half dozen different
units that intermingle with each other. This community
usually is found as a transition between the Cattail-Reedgrass
Swamps and the agricultural croplands. Primary species in the
Grass -Shrub community are Inland Saltgrass, Smooth Brome,
small Rabbitbrush and Sagebrush plants, some Knapweed, and
-30-
1
1
1
1
1
1
•
1
1
1
1
1
1
i
1
EXHIBIT J (Cont'd)
small, very scattered individuals of Cottonwood and Willow.
Cover averages about 80 percent.
The Sagebrush area is small in extent but is quite
promiment because the dominant species, Tall Sagebrush,
reaches heights of six to seven feet. Grasses include Smooth
Brome, Inland Saltgrass and Western Wheatgrass. The overall
cover is approximately 90 percent.
The Riparian Vegetation can be divided into areas of
Willow or Cottonwood trees. Sometimes these mix. Cover
averages about 80 percent, including the usually dense under -
story of many different grasses and forbs. The trees reach a
height of approximately 60 to 70 feet. Some tall, dead cotton-
woods
also occur in the area. The Riparian Vegetation commun-
ity is found on alluvial wash soils.
The small areas of Saltbush are found along the road in
the only highly saline/alkaline soil in the area. It forms
almost a monoculture; cover is less than 25 percent. Some Alkali
Sacaton can be found. This type of vegetation occurs almost
exclusively on the Arvada Loam, but some is also found on a
small area of Wann Sandy Loam where alkali has been introduced.
-31-
1
1
1
1
1
1
•
1
1
1
1
1
1
:2R
41.1
A.:
s>?
:E:
PR9B.
LE.EL
.05
. 10
. l
.40
.50
.60
70
. 40
.60
95
ALPHA
SETA
0
EXHIBIT K
CLIMATE
Data compiled at Rifle, the weather station closest to
the mining site, by the Colorado Climatology Office, Colorado
State University, appe>.rs below. Annual mean temperatures at
the location are 63.8 degrees maximum and 30.2 degrees mini-
mum. The annual precipitation mean is 11.3 inches.
RIFLE
05 7031 2
COLORADO CLIMATOLOGY CFF.CE
COLORADO STATE uNvAP5IT(
FT. COLLINS. CO. 80523
TEA.FERAT„RE 1 F)
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1.7
30.1
7.3
.91
.75
1069
27
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1052
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32.6
75.1
25.4
67.
1142
11
-32.
71751
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27.7
2.6
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.59
1959
9
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1057
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57.6
22.2
36.5
75.
1653
29
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1062
1
0.0
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21.5
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.73
.53
1053
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3.1
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1952
2
2.6
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0.0
63.'
33.0
46.5
03.
10552
21
10.
1,746
5
0.0
0.3
20.7
0.0
.04
.13
7956
27
1.0
2.
1066
70
2.0
.1
3.3
73.6
37.0
55.6
04.
:056
31
20.
1073
2
.6
0.0
5.1
0.0
.04
.75
1966
11
0.0
0.
0
0
2.7
.2
0.0
03.2
43.6
63.6
100.
1954
23
20.
1962
0
6.1
0.0
.1
0.0
.91
1.46
1969
24
0.0
0.
0
0
2.5
.4
.2
00.-s
50.4
70.1
701.
1054
11
33.
1061
1
11.7
0.0
3.3
0.0
.11
.67
7973
7
0.0
0.
0
0
2.6
.3
0.0
16.7
4s.3.
60.7
06.
73/51
77
31.
1960
17
:3.0
3.0
.1
0.0
1.35
1.00
1952
27
0.0
0.
0
0
3.1
.4
0.0
76.4
30.9
59.6
99.
1954
1
23.
10-0
26
1.4
3.3
3.9
0.0
1.02
.92
1070
S
.3
S.
1965
10
3.6
.6
3.0
67.0
3:.:
40.6
06.
:963
2
12.
1ss7C
21
0.0
0.:
20.7
:.7
1.2C
7.95
7057
13
.3
3.
1969
12
3.0
.6
.1
51.7
20.9
36.:
7..
:052
1
-76.
1535
16
3.3
.1
27.4
.3
.06
.65
1970
7
4.0
70.
1054
30
2.0
.2
0.0
30.2
11.5
24.9
59.
1965
29
-27.
1062
26
3.0
6.5
30.5
4.7
1.03
1.42
1066
6
13.5
20.
1067
22
2.0
.3
.1
63.6
30.2
_ .:
30.
23.
'96.
:5.
77.5
42.
35.
3.
0.
0
PQEC1✓ITATION 410.1 PHOHAHLLITY EG'JAL OR LASS THAN
JAN
t1
44
57
0012
48
34
56
51
00
0
FE9
12
S3
0
6S
90
98
2 7
2
99
73
46
00
0
MAH
12
.J9 .05 .06 .01 AUGl. 4
0.00 0.0P 7 1.2`33 .2v 9 46117E
39 ,54 ,31 .35 .21 71 0
.66 .66 .S4 .6 .29
R 9..37
.44 13 62
9
45 .07 .44 .49 ,47 92 .5' .75 .65 7 10.41
60 .77 .59 .65 .611 2 .76 .95 .11 .07 17.73
49 .90 1.01 141 .72 .10 •0 3 �5 1.26 1,di
•04 1.25 .6!
1.04 1.75 2.�1
10 ) 5 ,14 1.45 27 2 n ,4 .74 53 14.93
44 1.�4 1.90 /.G4 1.76 2 45 2.20 54 1.s 1.47 15.00
77 1.61 2.46 [,6) 2,23 3 74 2.90 3.17 1.B 2.39 17.17
06 4.09 1.06 1.10 1.27 1 92 1.291.60 2.49 2.14 12.99
19 .20 .79 •A3 .64 70 .63 .79 .30 .
00 n.0n 0.00 0.00 0.00 0 30 .05 .95 0.00 0.00 0.00
.44
41IAE0 fTc7216,17l6N FITTED 10 DATA
ALP..A• PAwA0F 714 411TA4 KALI 044A`•E1FR
04 N9, 01 Nf v1.5 hf. 47'. 7140 PwiOi✓1040101/TOTLL N0. OF MONT.1q
$(0IAv PHECI✓1TAT1r,3 AMOUNTS A:4: IND]CATI.0 AT 1^1F .50 PAOSA6ILITY LEVEL
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ADDITIONAL INFORMATION
nectamat.ion costs, 2occa government
appnova.?, other penmita, flounce
o6 £ega2 night to en -ten,
2andownens
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EXHIBIT L
RECLAMATION COSTS
The total affected area involves 177.45± acres. When
reclamation is complete, there will be about 137.57± acres
of lake, 3.21± acres of road and 36.67± acres of revegetated
area. Of the five stages to be mined, Stages 4 and 5 are
the two consecutive stages with the largest area to be
revegetated.
Acres ±
Percent Revege- Back -
Phase Disturbed Years Total Water Road tation fill
4 25 4-6 36.19 23.87 0.00 3.08 0.00
5 75 4-6 36.36 28.27 1.40 4.95 3.71
72.55 52.14 1.40 8.03 3.71
The estimate of reclamation costs is based on the follow-
ing prices:
Cost/Acre
Grass seed mix, 11-1/2 lbs @ $1.70/lb. $ 19.55
Fertilizer (assumed; actual will depend
on soil analysis), nitrogen -phosphate
(18-46-0) @ $9.60/100 lbs. 9.60
Backfilling, 8 hrs/acre @ $45/hr. 360.00
Ripping compacted areas, 2 hrs/acre
@ $80/hr. 160.00
Grading and shaping, 4 hrs/acre @ $60/hr. 240.00
Resoiling and smoothing, 8 hrs/acre @ $45/hr 360.00
Seed drilling and fertilizing, 1.5 hrs/acre
@$45/hr. 67.50
Labor, 16 man hours @ $6.50/hr. 104.00
Trees, 500 bare -root @ $20/100 100.00
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EXHIBIT L (Cont'd)
Reclamation Estimate
Backfill
3.71 acres @ $360/acre $1,335.60
Revegetation
8.03 acres, grading and shaping @ $240/acre
8.03 acres, resoiling and smoothing @ $360/acre
8.03 acres, grass seed @ $19.55/acre
8.03 acres, fertilizer @ $9.60/acre
8.03 acres, labor @ $104/acre
500 bare -root trees @ $20/100
Recommend bond be set at $7,500.
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1,927.20
2,890.80
156.99
77.09
835.12
100.00
$7,322.80
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EXHIBIT M
LOCAL GOVERNMENT APPROVAL
The operator expects to make application to Garfield
County for a special use permit by September 15, 1981.
The MLR Staff will be kept advised of progress in obtain-
ing the permit.
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OTHER MINING PERMITS AND
OPERATORS IN COLORADO
Pit No. 1
Pit No. 2
Bromley Pit
Worthing Pit
Miller Pit
OTHER PERMITS OR LICENSES
REQUIRED AT MINING LOCATION
EXHIBIT N
MLR Permit No. 78-255
MLR Permit No. 77-153
MLR Permit No. 79-165
MLR Permit No. 77-526
MLR Permit No. 81-96
1. Application will be made for an NPDES permit; the
operator does not foresee any problem in being granted such
a permit.
2. Application will be made for a Colorado Department
of Health Emission Control permit; the operator does not
foresee any problem in being granted such a permit.
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SOURCE OF LEGAL RIGHT TO ENTER
STATE OF COLORADO )
COUNTY OF ADAMS )
ss.
EXHIBIT 0
AFFIDAVIT
ALBERT R. FREI, being first duly sworn upon oath,
deposes and says:
1. He is President of Albert Frei & Sons, Inc., a
Colorado corporation, and is empowered to act for and on
behalf of said corporation in all respects in connection
with any applications, petitions, contracts, correspondence,
bonds or activities with or before the Mined Land Reclama-
tion Board under the provisions of the Colorado Mined Land
Reclamation Act.
2. Albert Frei & Sons, Inc. is the holder of an option
to purchase the property referred to as the Silt Pit. The
option was granted by Barton Porter and Carl 0. Short, and
under its terms the corporation may exercise its right to
purchase the property effective November 30, 1981. The
option further provides that in the interim the corporation
shall have full access to the property. A copy of the option
is on file and available for inspection at the offices of
the corporation in Henderson, Colorado.
3. Albert Frei & Sons, Inc. is legally empowered to
enter upon the subject lands and to conduct mining operations
for sand and gravel.
Albert R. Frei
SUBSCRIBED and sworn to before me this llth day of
September, 1981, by ALBERT R. FREI, as President of Albert
Frei & Sons, Inc., a Colorado corporation.
(NOTARIAL SEAL)
r •
Notary Pti'blic
My commission expires:
d'h /0'
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EXHIBIT P
OWNER OF RECORD OF AFFECTED LAND -
SURFACE AREA AND SUBSTANCE TO BE MINED
Albert Frei & Sons, Inc. 11521 Brighton Road
Henderson, CO 80640
TOUCHING LANDOWNERS
(to be notified by certified mail,
return receipt requested)
Valley Farms, Inc. P. 0. Box 248, Silt, CO 81652
United States of America (no address of record in files
of Garfield County Assessor)
Garfield County Glenwood Springs, CO 81601
Lee A. and Deloris M. Smith P. O. Box 44, Silt, CO 81652
Harold Barnett 187 Apple Tree Park,
New Castle, CO 81647
Leno B. and Shirley Montover 1914 CoRd 311, New Castle,CO 81647
Colorado Department of Highways 4201 E. Arkansas, Denver,CO 80222
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NOTICE OF APPLICATION FILING FOR
A MINED LAND RECLAMATION PERMIT
Pursuant to the rules and regulations of the Colorado Mined Land
Reclamation Board and the Colorado Mined Land Reclamation Act
of 1976, H.B. 1065, notice is hereby given that the Colorado
Mined Land Reclamation Board will meet to consider an applica-
tion by Albert Frei & Sons, Inc., 11521 Brighton Road. Henderson,
Colorado 80640, to conduct a surface mining operation for sand
and gravel on lands located in part of the SE/4 NE/4, SW/4 NE/4,
NE/4 SE/4, SW/4 SE/4, NW/4 SE/4, NE/4 SW/4, SE/4 SW/4, NW/4
SW/4 and SE/4 NW/4, Section 11, and part of the NW/4 SW/4
and SW/4 NW/4, Section 12, Township 6 South, Range 62 West,
6th Principal Meridian, Garfield County, Colorado.
Mining will begin at this site in 1981, and it is estimated that
reclamation will be complete in 1992. The land will be reclaimed
for private recreation and residential development.
Additional information may be obtained at the offices of the
Mined Land Reclamation Division, 1313 Sherman Street, Denver,
Colorado 80203 (303-866-3567), or at the offices of the Clerk and
Recorder, Garfield County, Glenwood Springs, Colorado 81601.
Written objections to the application must be received at the
offices of the Mined Land Reclamation Division no later than
5 p.m. on the day of , 1981.
First Publication:
Second Publication:
Third Publication:
Last Publication:
Published in:
ALBERT FREI & SONS, INC.
Henderson, Colorado
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(Insert Proof of Publication of Notice)
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ALBERT FREI & SONS
SAMI AMD WW1
8400 HOLLY • HENDERSON. COLORADO • 80640
PHONE' (303) 488-4104
(NOTICE TO LANDOWNERS) CERTIFIED, RETURN
RECEIPT REQUESTED
Re Sand and Gravel Operation - Silt Pit
Dear
Pursuant to the rules and regulations of the Colorado Mined Land
Reclamation Board and the Colorado Mined Land Reclamation Act
of 1976, H.B. 1065, notice is hereby given that the Colorado
Mined Land Reclamation Board will meet to consider an applica-
tion by Albert Frei & Sons, Inc., 11521 Brighton Road. Henderson,
Colorado 80640, to conduct a surface mining operation for sand
and gravel on lands located in part of the SE/4 NE/4, SW/4 NE/4.
NE/4 SE/4, SW/4 SE/4, NW/4 SE/4, NE/4 SW/4, SE/4 SW/4, NW/4
SW/4 and SE/4 NW/4, Section 11, and part of the NW/4 SW/4
and SW/4 NW/4, Section 12, Township 6 South, Range 62 West,
6th Principal Meridian, Garfield County, Colorado.
Mining will begin at this site in 1981, and it is estimated that
reclamation will be complete in 1992. The land will be reclaimed
for private recreation and residential development.
Additional information may be obtained at the offices of the
Mined Land Reclamation Division, 1313 Sherman Street, Denver,
Colorado 80203 (303-866-3567), or at the offices of the Clerk and
Recorder, Garfield County, Glenwood Springs, Colorado 81601.
Written objections to the application must be received at the
offices of the Mined Land Reclamation Division no later than
5 p.m. on the day of , 1981.
Yours truly,
President
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(Insert Certified Mail Receipts)
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CERTIFICATE OF SECRETARY
1, Nolan D. Gookin , Secretary of Albert
Frei and Sons. Inc. , a Colorado corporation, certify
that on the , -4 day of , 19y/ , a special meeting
of the Board of Directors of the corporation was held at
A.$., ,k n,4,,,,,, , Colorado, and that all of the members of
said Board were present and voting at such meeting. The
following resolution was proposed, seconded and unanimously
adopted by the Board:
RESOLVED, that ALBERT R. FREI , the
President of the corporation, is authorized to
sign and execute for and on behalf of the corporation
all applications, reclamation bonds, petitions, con-
tracts, correspondence and any and all other documents
to be submitted to and filed with the Mined Land Recla-
mation Board under the provisions of the Colorado Mined
Land Reclamation Act, Colorado Revised Statutes 1973,
as amended, Article 32; and
FURTHER RESOLVED, that ALBERT R. FREI , the
President of the corporation is authorized
and empowered to represent and act for the corporation
in any capacity in connection with any acts or
activities with or before the Mined Land Reclamation
Board under the provisions of the Colorado Mined Land
Reclamation Act, and any action taken by the said
ALBERT R. FREI , for and on behalf of the cor-
poration shall in all respects be considered the act
of the corporation.
Dated this ,��' day of ,.;4--,,,44e7 , 19ii .
STATE OF COLORADO )
COUNTY OF ADAMS )
ss.
,'/, / 4,-7.1L-2...
Secretary
The foregoing was acknowledged, subscribed nd sworn to
before me, a notary public, this /T,� day of
.
My commission expires: My Commission ExpiresOct,19,1982
.4-09FOTARIAL SEAL)
(,i r -44-
Nota ublic