MASTER PLAN FOR MINERAL EXTRACTION DOUGLAS COUNTY

July 9, 1990

Redline-strikethrough of original document ACKNOWLEDGEMENTS

BOARD OF COUNTY COMMISSIONERS Jim Sullivan, Chairman Chris Christensen Suzy McDanal

PLANNING COMMISSION Neil Hillyard, Chairman Ken Gloss, Vice-Chairman Duane Capps, Secretary Davis Ammons Dora D'Amico David Gill Neil McLaughlin Stanley Mikelson Clyde Tucker

MINERAL EXTRACTION PLANNING TASK FORCE Lou Pakiser, Chairman Davis Ammons Jeanette Bare Duane Capps Dora D'Amico Harvey DuChene Kelli Fallbach David Gill Ken Gloss Sally Hardy Neil Hillyard Tony Johnson John Lowell Mike Maxwell JoeAnn Mickelsen Norma Stone Clyde Tucker Ray Waterman Mike Refer, Conferee Jane Woodward, Conferee

PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT Ed Tepe, Director

A special thanks to all of the individual citizens, homeowner associations, and referral agencies too numerous to list, whose time, energy, and resourcefulness contributed to the creation of this document.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 2 of 87 TABLE OF CONTENTS

PAGE CHAPTER 1 INTRODUCTION 1

CHAPTER 2 GEOLOGY 5

CHAPTER 3 SUPPLY AND DEMAND 21

CHAPTER 4 LEGAL CONSIDERATIONS 29

CHAPTER 5 LAND USE 33

CHAPTER 6 TRANSPORTATION 41

CHAPTER 7 WILDLIFE 47

CHAPTER 8 HISTORIC, ARCHAEOLOGIC, & PALEONTOLOGIC RESOURCES 49

CHAPTER 9 AIR QUALITY 51

CHAPTER 10 WATER QUALITY 57

CHAPTER 11 NOISE 63

CHAPTER 12 BLASTING 67

CHAPTER 13 OPEN SPACE, PARKS, AND RECREATION 71

CHAPTER 14 VISUAL IMPACT 75

CHAPTER 15 RECLAMATION 79

CHAPTER 16 IMPLEMENTATION 83

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 3 of 87 TABLE OF CONTENTS

PAGE INTRODUCTION ...... x BACKGROUND ...... x PURPOSE ...... x IMPLEMENTATION ...... x GEOLOGY...... x LEGAL CONSIDERATIONS ...... x GOAL AND POLICY ...... x APPENDIX A – GLOSSARY ...... x APPENDIX B – STATE STATUTE...... x MINERAL RESOURCES MAP...... xx

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 4 of 87 2 MAP AND GRAPHS

PAGE

BEDROCK AQUIFERS 17

DENVER BASIN GEOLOGIC SECTIONS 18

POTENTIAL RESOURCES 19

DEMAND SCENARIO 1 25

DEMAND SCENARIO 2 26

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 5 of 87 INTRODUCTION

On September 12, 1989, the Douglas County Board of Commissioners declared a moratorium on the issuance of mineral extraction permits. In declaring the moratorium, the Board called for a comprehensive, county-wide, mineral extraction plan to be developed and adopted before the moratorium expires on September 12, 1990. The mineral extraction plan has been prepared in accordance with the standards set forth in the Preservation of Mineral Deposits Act (see Legal Considerations chapter), required of all counties upon the attainment of a population of 65,000. Although Douglas County has not yet reached a population of 65,000, it is expected to do so in 1992. At that time, Douglas County will already have a comprehensive mineral extraction plan in place.

The Mineral Extraction Planning Task Force, the Planning Commission, and the Board of County Commissioners have produced a plan that sets out the County's mineral­ extraction policies. The plan should be used by applicants, extractors, and citizens to understand the issues that will be raised in the land use application process. It also is intended as a starting point for changes to the special use application and review process. Included in the plan are recommendations for incorporating new processes, criteria, and standards in Douglas County regulations.

The process began with the appointment of the Mineral Extraction Planning Task Force. The task force includes representatives of the mineral extraction industry who are residents of Douglas County, the Planning Commission, citizens from each County Commissioner's district, the Governor's Task Force on Mountain Scars, and The Planning Department. The Board then contracted with CDR Associates to act as facilitators and to work with the appointed chairman and the task force to manage the task force meetings through a consensus process. On December 13, 1989, a representative of the Town of Castle Rock was appointed as a task force member. The Town of Parker was also invited to appoint a representative. After introductory meetings, the Board of Commissioners appointed two conferees to act as advisors to the task force and to help create an open and thorough planning process. One conferee represents the Colorado Environmental Coalition, and one represents the Colorado Rock Products Association.

The task force set out to create a document that would address the following tasks:

 Clearly assert the County's land use jurisdiction over mineral extraction operations  Enumerate the policies that should govern the approval of mineral extraction  Discuss the full range of impacts created by extractive uses  Contain criteria to be applied to applications for new or expanded operations  Form the basis for amendments to the Douglas County Zoning and Subdivision Resolutions  Guide decision-makers in properly reviewing extraction applications

BALANCE

The plan attempts to balance the County's real need for clay and rock products against the potential and real negative impacts of extraction. The quality of life in Douglas County was at the center of the deliberations. A quality living environment is clearly dependent on the mineral resources this plan seeks to regulate. Mineral extraction is necessary in the development of

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 6 of 87 homes, roads, and office buildings and, therefore, is part of the County's economic viability. Reclaimed mineral extraction sites, moreover, provide opportunities for wildlife habitat, trail corridors, and other active and passive recreational uses.

The quality living environment enjoyed by County residents also needs to be protected. We must balance the benefits of extraction against the potential loss of those things that make Douglas County's environment so attractive, including, but not limited to, scenic values and wildlife habitat. Mineral extraction has the potential of disrupting urban and rural lifestyles. The County's residential areas are blessed with outstanding panoramic views of mesas and foothills, and they are nestled in valleys supporting widely varied vegetation, rock formations, and wildlife. Many residents and business owners chose Douglas County for its pastoral quality, unique geographic diversity, and clean environment. The County, therefore, has a fundamental responsibility to address mineral extraction needs while also protecting these highly valued resources without which Douglas County's economy will not flourish.

THE PLAN AS A RESOURCE

Throughout the deliberation process the mineral extraction plan was referred to as a resource for the extraction industry, for the policy-makers, and for the citizens of the County. As a product of that philosophy, the document contains descriptions of the County's geologic framework, which defines the character, occurrence, and extent of its mineral resources. The document also specifically addresses the supply and demand for rock products. It also discusses the legal framework surrounding the mineral extraction plan and local land use review. These three chapters are designed to provide background information. The task force hopes to pass along to the user of the plan some of what was learned as the plan was developed.

The prose that accompanies each policy section is likewise written with an educational objective to shed light on the reasons for adopting the policies which follow.

The structure and outline of the document is meant to reflect the structure of the Douglas County Master Plan. At the completion of the hearing process, the plan will be incorporated into the Master Plan and the Master Plan will be amended to remove duplications or conflicts. In addition to meeting the statutory requirements for a mineral­ extraction plan, and the charge of the Board of County Commissioners, the task force sought to fulfill the commitment made by the Planning Commission in the 1986 Master Plan and the 1989 Franktown Sub Area Plan to develop a county-wide, mineral extraction plan.

IMPLEMENTATION

Implementation is emphasized throughout the plan. This plan is not merely a statement of recommended policies; it is also a statement of recommended strategies for implementing those policies. The plan serves as the first in a series of steps that include an evaluation of the County’s mineral extraction regulations and their interpretation and enforcement. The plan also discusses the public hearing process and ways to improve public input and public/ applicant/decision-maker interaction, plus specific suggested changes.

Implementation is in part the responsibility of the extraction industry and of the applicants. The language of the plan suggests a direct responsibility on the part of applicants to be problem solvers. Applicants must be proactive in exploring problems and looking for solutions. The plan does not envision a take-it-or-leave-it approach. Many of the policies call for customizing an operation to its individual setting and circumstances. Applicants are expected to disclose all

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 7 of 87 known aspects of their operations, and to be available for discussions and information exchanges with area residents, landowners, and business people.

The plan is intended to involve the citizens of the County, through homeowner associations, through business groups, and through individuals to enable the citizenry to participate meaningfully in the decision-making process.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 8 of 87 Purpose

The purpose of the MEP is to address the statutory requirements of the Preservation of Commercial Mineral Deposits Act, §34-1-301, et. seq., C.R.S. The MEP additionally recognizes the findings and interpretation stated by the Colorado Court of Appeals in C & M Sand & Gravel v. Board of County Commissioners, 1983.This document addresses the commercial mineral deposits included in the statute to the extent that they are known to occur in Douglas County. It should be noted that the statute does not address oil and gas resources, so theose are not included in this plan.

The plan attempts to balance the County's need for minerals against the potential and impacts of extraction. Mineral extraction is necessary in the development of homes, roads, and office buildings and, therefore, is part of the County's economic viability. Reclaimed mineral extraction sites, moreover, provide opportunities for wildlife habitat, trail corridors, and other active and passive recreational uses.

The quality living environmentof life enjoyed by County residents also needs to be protected. The benefits of extraction must be balanced against those things that make Douglas County attractive, including, but not limited to, scenic values and wildlife habitat. Mineral extraction has the potential of disrupting urban and rural lifestylesliving. The County's residential areas are blessed with outstanding panoramic views of mesas and foothills, and they are nestled in valleys supporting widely varied vegetation, rock formations, and wildlife. Residents and business owners chose Douglas County for its pastoral quality, unique geographic diversity, and clean environment. The County, therefore, has a fundamentalhas a statutory responsibility to address mineral extraction needs while also protecting these highly valuedto protect the resources while maintain the quality of life for which without which Douglas County's economy will not flourishis known.

Implementation

The Douglas County Comprehensive Master Plan, including this mineral extraction plan, is a comprehensive statement of long-range development vision. The CMP should be an applicant's first source of information about growth and development.

Following adoption of the MEP in 1990 and in accordance with the intent of the Plan, the County’s special use regulations were revised to reflect its recommended policies. The policies of the MEP are implemented through the Douglas County Zoning and Subdivision Resolution (DCZR), and Matters of State Interest (MSI) regulations. In the DCZRouglas County Zoning Resolution, the use “mining, quarry sand and gravel operations and similar extractive operations” are permitted only within the Agriculture 1 (A-1) and General Industrial (GI) zone districts following a public hearing and subject to the conditions and safeguards established in the use by special review process (DCZR Section 21). An application considered through the use by special review (USR) process is subject to review for compliance with 12 approval criteria, inclusive of a determination of consistency with the Douglas County Comprehensive Master Plan.

Detailed Ssubmittal materials are required inclusive of including a 12-point operational plan, narrative, plan exhibits, site evaluations, as well as detailed plans addressing specific types of impacts including project phasing, transportation, blasting, and an “end-state, land-use” plan. These USR approval criteria and submittal requirements are directly derived from the policies set forth in the 1990 Mineral Extraction Plan. mineral extraction applications are reviewed as a use

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 9 of 87 by special review (USR) and include approval criteria related to the use being consistent with the Douglas County Comprehensive Master Plan, as amended. The USR process allows the County to review and act upon a specific application based on a set of approval criteria.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 10 of 87 GEOLOGY

INTRODUCTION

The geology and physiography of Douglas County are results of natural processes that have been working for millions of years. A fundamental principle of geology is that it is constantly changing, although those changes seem immeasurably slow when compared with the span of a human life. Only major geologic events, such as a flood, landslide, or earthquake remind us that geologic processes are active today, as in the past. Such processes mostly modify the earth on a geologic time scale rather than on a human scale, although some catastrophic geologic changes are virtually instantaneous. At the human scale of awareness, the features of the earth that surround us are for practical purposes permanent. Man-made modifications to the earth's surface, moreover, can cause long-lasting changes that influence the long-term appearance and utility of the land. Douglas County contains geologic resources that are needed now and will be needed in the future. Some of those resources are tangible, such as alluvial sand and gravel deposits; crystalline rocks that may be suitable as crushed aggregate for construction or as decorative rubble walls or landscape stone; and refractory clay that may be suitable for manufacture of bricks, tiles, and other clay products. Some significant geologic resources of the County are intangible, such as the picturesque physiography of the area. Landmarks such as Devils Head, Dawson Butte, Castle Rock, Roxborough State Park and Castlewood Canyon State Park are physiographic features that are identified with Douglas County. These landmarks, and the rolling, ridge-and-valley landscape surmounted by its mountain backdrop are esthetically and financially important assets of the County and its people. The need to extract materials for industrial use, therefore, must be assiduously balanced against the need to preserve the natural beauty and charm that make Douglas County what it is.

In the summary that follows, information has been freely drawn from the work of numerous geologists including Scott (1963a and b), Trimble and Machette (1979), Schwochow, Shroba and Wicklein (1974), Trimble and Fitch (1974a and b), Bryant, McGrew and Wobus (1981), Soule (1978), Robson (1987), Ballard (1987), and Hansen and Crosby (1982).

REGIONAL SETTING

Douglas County straddles the boundary between the Denver structural basin and the Front and Rampart Ranges of the Rocky Mountains. The boundary is sharply defined by the mountain front, an east-facing, slightly sinuous north-trending escarpment that extends the length of the County. This escarpment divides the County into two distinct physiographic parts, the mountains on the west where the rocks are mostly Precambrian granite and gneiss, and the dissected Colorado Piedmont to the east where the rocks are mostly sedimentary formations (predominant), alluvium, and volcanic rocks (subordinate). This escarpment also coincides with a line of major faults along the boundary of the Front and Rampart Ranges. Precambrian rocks that crop out in the mountains are buried under more than two miles of sedimentary rocks in the Denver basin, beneath the Colorado Piedmont east of the faults.

The rugged mountainous western part of the County has been eroded into varied ridges, peaks, ravines, and deep valleys. East of the mountains, the topography is characterized by a narrow but discontinuous belt of north-trending ridges, broad alluvial valleys, and steep-sided mesas. Topographic relief ranges from 9,748 feet at Devils Head to 5,360 feet where the South Platte River crosses the north boundary of the County.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 11 of 87 Streams in Douglas County flow mostly northward from a major drainage divide that separates the South Platte River basin on the north from the Arkansas River basin on the south. Within the County, the South Platte has two significant tributaries: Cherry Creek and Plum Creek. Nearly all lesser streams and drainages in the County flow into one of these creeks, or directly into the South Platte River.

Crystalline rocks in the mountainous western part of Douglas County can be divided into two broad categories: metamorphic rocks, about 1.7 billion years old in the northwest part, and Pikes Peak Granite about 1 billion years old in the southwest part. East of the mountains, the Denver basin contains rocks of Paleozoic, Mesozoic and Cenozoic ages, a span of more than 600 million years. These rocks were deposited as nearly flat-lying layers of limestone, conglomerate, sandstone, and shale, and lesser amounts of volcanic rock.

The earliest event directly related to the surficial geology of Douglas County was the uplift of the Rocky Mountains in late Mesozoic and early Cenozoic time, about 70-65 million years ago.

The mountains were greatly reduced by erosion in early-Cenozoic (Eocene) time, and a broad erosion surface was cut on the Precambrian rocks. Eroded material was carried eastward and redeposited in extensive alluvial aprons at the foot of the mountains. In middle Cenozoic (Miocene) time, renewed uplift reelevated the mountains to nearly their present height. Uplifted remnants of the old Eocene erosion surface now form the even-topped crestline of the Rampart Range. To the west, volcanoes associated with mountain building sporadically erupted volcanic ash, some of which spread eastward across the County from South Park.

During the Ice Ages, the rate of erosion along streams was enhanced periodically by increased water flow. Streams cut valleys into aprons of material that had been shed off the mountains. The amount of water flowing in the rivers fluctuated with climatic changes. When large volumes of water were available, the streams were able to vigorously erode their channels, but when water flow was reduced, the streams were forced to deposit their loads of sediment.

Terraces at various topographic levels above modern streams preserve evidence of several periods of Quaternary downcutting and associated erosion. The highest terranes are the oldest; the lowest are the youngest. Most of the terraces are capped with sand and gravel, commonly cemented with more or less calcium carbonate, Modern stream channels and floodplains also contain alluvial sands and gravels.

In general, the average grain size of material in terraces and stream valleys decreases with distance from the mountain front. Conversely the percentage of sand, silt, and clay increases. In general, therefore, gravel deposits close to the mountains are better suited for aggregate than deposits more distant, but lithologic content and weathering characteristic also bear heavily on the quality of the gravel.

STRATIGRAPHY

The many diverse rock units in Douglas County range in age from Precambrian to Holocene. Those rocks that have been identified as potential aggregate resources by the Colorado Geological Survey and the U. S. Geological Survey are shown on the accompanying map of the County.

Precambrian Time

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 12 of 87 Metamorphic rocks: The oldest rocks in Douglas County are quartzite, amphibolite, and several types of gneiss, gneissic granite, and migmatite. Similar metamorphic rocks are a source of crushed aggregate in quarries in Jefferson County.

 Quartzite in veins and “pods” is mostly light gray, fine grained, and slightly stratified.  Amphibolite is mottled light gray to greenish black, even grained, generally gneissic rock composed principally of hornblende, andesine, quartz, and biotite. Some amphibolite contains disseminated pyrite that would be deleterious in concrete aggregate.  Gneiss of several varieties is classified on the basis of its mineral composition. Varieties include biotite quartz gneiss, lime-silicate gneiss, granitic gneiss and migmatite, sillimanite granite gneiss, hornblende granite gneiss, and gneissic granite.

Pikes Peak Granite: Coarse-grained, reddish-orange granite composed of alkalic feldspar, quartz, and biotite. The Pikes Peak Granite has been mined for aggregate in El Paso County.

Granite pegmatite: Very coarse-grained, irregular bodies and veins in Pikes Peak Granite, at the border between the Pikes Peak Granite and adjacent metamorphic rocks, and within the metamorphic rocks themselves. May contain cavities lined with crystals of various minerals including gem stones.

Paleozoic Erathem {Era)

Cambrian System (Period) Sandstone dikes: Pale-brown and pale-olive, hard sandstone filling Precambrian faults.

Ordovician System (Period) Manitou Limestone: Finely crystalline limestone and fine- to medium-crystalline dolomite. Present in Manitou Park (T.10-12W., R.67W.). Maximum thickness about 65 feet. Limestone is quarried and crushed for aggregate in El Paso County.

Devonian System (Period) Williams Canyon Formation: Finely crystalline sandy dolomite or dolomitic limestone with thin beds of sandstone and shale. Present in Perry Park (T.9-10S., R.67W., and in Manitou Park. Maximum thickness about 45 feet. Limestone is quarried and crushed for aggregate in El Paso County.

Mississippian System (Period) Leadville Limestone: Limestone and dolomite. Present in Manitou Park where maximum thickness is about 100 feet. Limestone is quarried and crushed for aggregate in El Paso County.

Pennsylvanian and Permian Systems (Periods) Fountain Formation: Reddish-brown arkosic conglomerate with thin, silty, shale beds. Forms prominent hogbacks along mountain front north of Jarre Creek and at Perry Park. Locally contains deposits of uranium minerals.

Permian System (Period) Lykins Formation, Bergen and Harriman Shale Member and Glennon Limestone Member: Shale and siltstone with thin limestone beds. The Lykins Formation has been

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 13 of 87 quarried for limestone in the Denver area.

Mesozoic Erathem (Era)

Triassic System (Period) Lykins Formation, Strain Shale Member: Reddish-brown, silty shale.

Jurassic System (Period) Ralston Creek Formation: Silty, limy shale with gray limestone beds containing jasper.

Morrison Formation: Silty shale with thin limestone and sandstone beds.

Lower Cretaceous Series (Epoch) South Platte and Lytle Formations: Sandstone, lenticular clay beds, conglomerate, and quartzite beds.

Lower and Upper Cretaceous Series (Epochs) Graneros Shale, Greenhorn Limestone and Carlile Shale: Black marine shale and light­gray limestone.

Upper Cretaceous Series (Epoch) Niobrara Formation: Yellowish-gray limestone and shale. Includes the Fort Hays Limestone Member, which has been quarried for limestone in the Denver area.

Pierre Shale: Marine shale with sandstone beds near the middle and top. The Pierre Shale has been mined for its clay deposits in Douglas County.

Fox Hills Sandstone: Fine-grained, crossbedded, yellowish-gray sandstone and olive­gray, clayey shale with thick limonite beds at base. Regional aquifer.

Laramie Formation: Brown and white sandstone and olive-gray shale with nodular limonite beds. Regional aquifer.

Arapahoe Formation: Yellowish-gray to yellowish-brown, coarse to fine-grained quartz, mica, feldspar, sandstone, siltstone, claystone, and pebble and cobble conglomerate. Regional aquifer.

Denver Formation: Interbedded shale, claystone, siltstone and sandstone in which coal and fossilized plant remains are common. Regional aquifer.

Dawson Formation (Lower part): Fine-grained sandstone, carbonaceous shale, and lignite.

Cenozoic Erathem (Era)

Tertiary System (Period) Paleocene and Eocene Series (Epochs) Dawson Formation, (Upper part): Yellowish-gray to light-gray, commonly ironstained, coarse- to fine-grained, locally conglomeratic, massive to crossbedded, argillaceous arkose, and feldspathic sandstone containing many gray to greenish-gray lenses of clay. Locally contains thin carbonaceous lenses of shale. Regional aquifer. The Dawson Formation has been mined for its clay deposits in Douglas County.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 14 of 87 Oligocene Series (Epoch) Wall Mountain Tuff: Light-gray, fine-grained, rhyolitic volcanic rock (74 percent silica) composed mostly of devitrified welded glass shards. Probably less than 50 feet thick. Resistant to erosion and, along with Castle Rock Conglomerate, forms caprock on mesas and buttes, such as Dawson Butte. The Wall Mountain Tuff has been quarried for crushed rock and building stone in Douglas County.

Castle Rock Conglomerate: Well-indurated, bouldery, cobbly gravel composed mostly of Precambrian rocks but also containing some chert and Tertiary volcanic rocks. Sandy matrix of the conglomerate is well-cemented by silica, but basal part is locally less cemented and softer. Generally less than 50 feet thick. Includes mudstone, claystone, siltstone, and sandstone in eastern part of the County. Along with Wall Mountain Tuff, forms caprock on mesas and buttes. Caps Castle Rock.

Quaternary System (Period)

Pleistocene Series (Epoch) Rocky Flats alluvium: Bouldery, cobble gravel near mountains; decreases in grain size away from the mountains. Much calcium carbonate in upper part where not removed by erosion. Contains many unsound stones, but is suitable locally for road metal. Commonly about 15 feet thick. Forms gently sloping surfaces about 350 feet above present streams.

Verdes alluvium: Bouldery, cobble gravel near mountains decreases in grain size away from mountains. Much calcium carbonate in upper part where not removed by erosion. Contains many weathered stones, but is suitable locally for road metal. Deposit locally contains bed of volcanic ash. Thickness averages about 15 feet. Forms gently sloping surfaces 200 to 250 feet above present streams.

Slocum alluvium: Bouldery, cobble gravel near mountains; decreases in grain size away from mountains. Much calcium carbonate in upper part where not removed by erosion. Many unsound stones, but is suitable locally for road metal. Thickness generally less than 25 feet. Forms gently sloping surfaces 80 to 130 feet above present streams.

Older loess: Clayey silt, oxidized to reddish brown in upper part; soil horizons in upper part. Louviers alluvium: Stratified gravel, sand, silt, and clay in terraces standing as high as 65 feet above present streams. Base of deposit locally as low as 30 feet below present stream level. Underlies much of Piney Creek and Broadway alluviums. Contains some calcium carbonate in upper part and is ironstained in upper 10 to 15 feet. The Louviers alluvium is mined for its aggregate in the Denver area, especially along Clear Creek in Jefferson and Adams Counties.

Younger loess: Moderate yellowish-brown or olive-gray, clayey silt; with soil horizons in upper part.

Broadway alluvium: Gravel, sand, silt, and clay in stratified alluvial-terrace deposits 25 to 40 feet above present stream level. Sand predominates in drainage courses north of South Platte-Arkansas River drainage divide (Douglas County). Commonly less than 25 feet thick. The Broadway alluvium is mined for aggregate along the South Platte River.

Post-Pleistocene to present

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 15 of 87 Pre-Piney Creek alluvium: Dark-gray, humic silt and sand and thin layers of clay and pebbles. Soil horizons in upper part.

Eolian sand: Light-brown, medium-grained sand along Rainbow Creek and the South Platte River. Soil horizons in upper part.

Piney Creek alluvium: Humic clay, silt, and sand with gravel in lower part. Humic material is common in upper 1-2 feet. Average thickness about 15 feet, but may be thicker in stream valleys. Moderately to well sorted and stratified. Forms low terraces 5-10 feet above present stream levels along the South Platte River, Plum Creek, Cherry Creek, and their major tributaries. Occupies floors of minor valleys; susceptible to seasonal high flooding. Commonly has a weakly developed soil layer.

Post-Piney Creek alluvium: Dark-gray, sandy alluvium containing sticks, roots, and occasional fossil bones. Fills valley bottoms.

STRUCTURAL GEOLOGY

In Douglas County, the boundary between the Front and Rampart Ranges (the Front Range uplift) and the Denver basin is defined roughly by a zone of faults collectively called the Perry Park-Jarre Creek fault.

These faults are approximately marked by the steep, east-facing escarpment that extends the length of the County. North of Jarre Creek, the trace of this range-marginal fault zone is parallel to bedding within the Fountain Formation. In this area, sedimentary beds of the Denver basin have been bent sharply upward to form a steep monocline eroded into a series of prominent but discontinuous hogback ridges such as those at Roxborough Park.

Between Jarre Creek and Perry Park, the hogback ridges are absent, owing to faulting and sedimentary overlap. Here, Pikes Peak Granite rests against the Dawson Formation. At Perry Park, exposed older sedimentary rocks that are turned upward against the fault, form the characteristic ridges and valleys of the Front-Range area. South of Perry Park, the older sedimentary rocks are again omitted by faulting, and Pikes Peak Granite again rests against the Dawson Formation along the Rampart Range fault.

Rocks on the western side of the range-marginal faults have been uplifted by mountain­forming movements relative to those on the east side. The maximum amount of uplift is estimated to be at least 17,000 feet, but much of the uplifted rock has since been removed by erosion.

Range-marginal faults are reverse or thrust faults, along which the west or mountain block has been pushed upward and eastward over the east or basin block. The faults slope westward, supposedly becoming progressively steeper with depth. The attitude of the faults at great depth is unknown but may flatten to the west, beneath the mountains.

Lesser faults are common within the mountains, and several ages of faults are recognized, some having had movements along them at several times through geologic history. Faults inferred to be of Precambrian age and containing dikes of Cambrian sandstone cut the metamorphic rocks near Jarre Canyon. These faults trend north or northwest and may also contain cemented breccia. The larger faults contain thick layers of gouge.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 16 of 87 Many faults of Precambrian age were reactivated during the uplift of the Rocky Mountains. Many of these faults contain iron-stained fault breccia, and some have been mineralized. At least part of the Perry Park-Jarre Creek fault is believed to be a reactivated Precambrian fault.

Faults can be difficult to recognize in the field because of the poorly exposed character of the fractured rock. Streams commonly follow faults because faulted, shattered rock is more susceptible to mechanical and chemical erosion than unfaulted rock. Adjacent to faults, the involved granite or gneiss tends to be reddened by iron-staining, and blocks of rock tend to be angular and friable. In contrast, unfaulted granite generally is pink or light gray, and it weathers into rounded knobs.

The sedimentary rocks in the hogbacks at the foot of the mountains are cut by a few small faults that formed when the rocks were bent upward and fractured during mountain building. Sedimentary rocks at the mouth of Jarre Canyon and at Perry Park are cut by larger faults that splay off the Perry Park-Jarre Creek fault.

GEOLOGIC HAZARDS

Geologic hazards are natural geologic conditions that, if unrecognized or inadequately planned for, can cause loss of life, damage to structures, and high maintenance costs for homes, roads, and utilities. Geologic hazards in Douglas County east of the mountains have been mapped and summarized in Colorado Geological Survey Open File Report CGS-OF-78-5. The following summary identifies the types of hazards found in the County.

 Subsidence areas form chiefly where collapses of underground mining excavations cause general lowering or severe differential settlement of the ground surface. In addition, some areas with certain surficial materials, such as loess and eolian sand, may settle or collapse if loaded or wetted. Some soils, especially highly organic soils, may collapse or compact excessively under load. Example: Area 1/2 mile north of Castle Rock.  Slope failure results from landsliding, earthflowage, and/or accelerated creep. These areas are hazardous because earth movements can damage or destroy buildings and/or their foundations and utilities. Example: Landslides 2 miles east of Daniels Park Road and 3 miles south of the Arapahoe County line.  Rockfalls. Rockslides and debris-avalanche areas are subject to slow to rapid movements of individual blocks of rock, accumulations of blocky material, or heterogeneous, granular alluvium. Deposits of talus and debris contiguous to their sources are included in this category. Very rapid to nearly instantaneous slope movements are sometimes set off by heavy rainstorms. Hazards, including dangers of death or injury, result from possible impacts by rapidly moving rocks and debris and from water and mud damage to structures. Examples: The escarpment along the mountain front and the steep mesa sides at such places as Hunt Mountain 7 miles south of Castle Rock.  Unstable slopes generally - but not always - show evidence of past slope movements or geologic conditions favorable for slope failure. These slopes are characterized by hummocky topography and perhaps ground cracks caused by landsliding, soil creep, earthflowage, and/or by moderately to steeply sloping, poorly consolidated alluvium or deeply weathered bedrock. These areas are hazardous because man-caused slope movements can damage roads, buildings, and sloping grazing areas. Example: Slopes between the mountain front and Plum Creek.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 17 of 87  Low erosion-susceptibility characterizes areas where erosion is minimal on stable ground or on resistant bedrock. Some of these areas are difficult to excavate or may be characterized by poorly defined surface drainages, but they include stream bottomlands where material is being deposited as a result of accelerated erosion of adjacent uplands. These factors may add expense for construction, drainage control, and sewage disposal. Flooding along bottomlands can cause water and mud damage to buildings and roads, and accumulations of sediment can divert flood water locally, interrupt or damage drainage-control structures, and damage or destroy roads and utilities. Example: Plum Creek and Cherry Creek floodplains.  Modern accelerated-erosion characterizes areas of active gullying or sheet erosion aggravated by overgrazing, improper construction practices, removal or disturbance of vegetation or dam construction, or other man-made changes in surface drainage. Excessive erosion or deposition of sand, silt, and clay can undermine, clog, or block drainage-control structures, damage or destroy vegetation cover, or cause excessive maintenance costs for buildings, utilities, and roads. Gullies that undercut unstable or potentially unstable slopes can cause slope failures. Example: Lehigh Gulch 2.5 miles east of Roxborough Park.  Moderate-to-high erosion-susceptibility is likely in areas where steep slopes, easily eroded surface materials, poorly consolidated surface materials, or sparse vegetation cover accelerate modern erosion. Hazards in these areas are gullying, deposition of sediment, damage to vegetation, and increased maintenance costs of roads, drainage control structures, buildings, and utilities. Example: Terraces adjacent to Sellars Gulch.  Debris-flow areas are susceptible to occasional rapid movement of slurry-like mixtures of soil and rocks, incorporated woody debris, and water. Debris movement starts typically on a high slope as a rockfall, rockslide, and/or debris avalanche or debris slide and progresses downward as muddy slurry. These movements coincide with intense rainstorms in late spring and summer. Hazards result from slow to rapid impact by wet moving debris that threatens lives of people and animals, and damages or destroys buildings, utilities, and roads. Example: Dawson Butte.  Expansive soils, chiefly in areas underlain by Pierre Shale, the Denver Formation, and locally the Dawson and Laramie Formations, may damage houses, roads, and other structures.

In addition to the hazards described above, other geological hazards or potential hazards within Douglas County include the following:

 Floodplains of streams and rivers, susceptible to flooding caused by abnormally intense rainfall and heavy spring snow melt.  Gouge material within fault zones in and near the mountains may contain potentially hazardous minerals and elements. The Fountain Formation and pegmatites in metamorphic rocks north of Jarre Creek both locally contain radioactive minerals. Water and gas from a spring in Stevens Gulch in the northwest part of the County were found to contain radium and radon. Some lime­ silicate gneiss and amphibolite along faults contain uranium ore minerals. Granitic terranes and soils derived from them tend to be more prone to radon hazards than nongranitic terranes.

Minerals of iron, copper, and zinc have also been found in Douglas County. Pyrite is common in lime-silicate gneiss, amphibolite, and in veins, but it is too disseminated to be of economic

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 18 of 87 interest. These minerals and elements, however, are also minor constituents of some metamorphic rocks that have been proposed for quarrying for crushed aggregate. Tailings from mining operations commonly contain waste rock that is discarded because of poor quality or undesirable composition. If allowed to accumulate without proper care, quarry or mine tailings containing metallic or radioactive materials can become sources of pollution. Disseminated pyrite is deleterious to most concrete aggregates.

HYDROLOGY

An aquifer is a body of saturated rock that contains sufficient porosity and permeability to conduct groundwater and to yield economically significant quantities of groundwater to wells and springs. Four major bedrock aquifers underlie Douglas County east of the mountain front. The Laramie-Fox Hills aquifer is the deepest and most widespread, covering 6,700 square miles. Shallower, more permeable aquifers include the Arapahoe, Denver, and Dawson. Of these bedrock aquifers, the Dawson is the most likely to be affected by surface activity because it is at the surface across much of Douglas County. The Dawson is a water source throughout much of the County and is the most important source of water in domestic wells.

In the Dawson and Arapahoe aquifers, the average rate of lateral water movement may range from as little as 5 to as much as 200 feet per year. The Denver and Laramie­Fox Hills aquifers have rates of movement ranging from 1 to 100 feet per year. Most water moves laterally through permeable sandstone strata from areas of recharge toward areas of discharge. On a local scale, water moves from highland recharge areas of outcrop through the upper part of the aquifer to discharge areas in nearby stream valleys. On a regional scale, water moves from outcropping recharge areas into deeper parts of the aquifer and thence to more remote stream valleys. Deeper aquifers can be recharged by water moving vertically from shallower aquifers.

Aquifers recharge by the deep infiltration of precipitation in the highland areas between stream channels or by infiltration of water from alluvial aquifers above the water level in the bedrock aquifers.

Each of the four regional aquifers is exposed in Douglas County. The Laramie-Fox Hills, Arapahoe, and Denver aquifers crop out in narrow bands at the foot of the mountains north of Jarre Creek and at Perry Park. Because of their narrow outcrops, these aquifers probably receive little direct recharge within the County. The Dawson aquifer, on the other hand, is widely exposed and probably receives a significant amount of recharge in Douglas County. Most hydrologists, however, believe that the withdrawal of water from the Dawson from domestic wells exceeds the recharge, thus lowering the water level.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 19 of 87 Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 20 of 87 Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 21 of 87 Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 22 of 87 SUPPLY AND DEMAND

The market for aggregate resources in the Denver metropolitan area (Adams, Arapahoe, Boulder, Denver, Douglas, and Jefferson counties) includes Douglas County. Some aggregate supplied by Douglas County pits and quarries is exported to other Front Range communities; and some aggregate extracted in other metro area counties is used in Douglas County. This chapter discusses Douglas County's production in the context of the metropolitan area. It then focuses on projected demand for aggregate in the County and compares County needs with available supplies.

SUPPLY

“Supply/Demand Analysis of Aggregates in the Denver Metro Area” was authored by Khalil Nasser of the Colorado School of Mines as part of Jefferson County's Aggregate Resources Roundtable. Nasser's work, published in January of 1987, estimates a total aggregate supply in the metro area counties of 343,576,000 tons in permitted reserves in 1986. Douglas County accounts for about 18,960,000 tons or 5.5 percent of the total. “Potential reserves,” including alluvial sand and gravel deposits that were either zoned or were awaiting permits for mining totaled 400 million tons in the metro area and 25,961,000 tons in Douglas County.

Three more recent studies (the Airport Development Office “Strategic Resource Assessment Study”; a socioeconomic analysis by the Ross Consulting Group for the Red Mesa Quarry permit application; and an “Econometric Forecast of Denver Metro Demand for Aggregate 1988-2010” by Susan Conwell) rely on Khalil Nasser's supply estimates, which are widely held to be the best available.

Since the time of those studies, Douglas County has added about 5,000,000 tons in permitted reserves. According to records from the Douglas County Assessor's Office, about 1,005,000 tons was extracted between January 1987 and January 1990. As a result, permitted reserves in Douglas County increased to about 22,956,000 tons as of January 1990.

DEMAND

Estimating demand for aggregate has proven to be a complicated and controversial process. Three of the four studies listed above take different approaches to estimating demand and reach different conclusions about the remaining life of permitted aggregate reserves. The Ross study used two methods to estimate demand: an annual aggregate consumption estimate of 7.9 tons per capita, and a model that correlates aggregate demand and construction activity. Conwell developed a regression equation that used real per capita income, population, State of Colorado capital construction spending, and the previous year's aggregate production to forecast future demand. The Ross and Conwell work produced lower consumption estimates than Nasser, who used a range of consumption rates between 8.5 and 11.0 tons per capita per year. For the metro area the three studies estimated a demand ranging between 15 and 25 million tons per year.

“Evaluation of Aggregate Supply and Demand Studies,” an analysis of all four studies conducted by Browne, Bortz and Coddington (BBC) for Jefferson County, concludes that each method is inadequate in some way. However, BBC adds that the Nasser estimates are in line with industry standards. Nasser's estimates, derived from regional consumption, include large-scale construction projects. Nasser's estimates also incorporate the notion that Douglas County has a responsibility to provide for some share of the construction of regional facilities that benefit the

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 23 of 87 County.

In the absence of strong evidence to the contrary, a slightly higher demand estimate is prudent. The mid-range of Nasser's estimates, 10 tons per capita (total population) per year, is a useful, conservative rule-of-thumb.

The 10 ton per capita annual consumption rate must be applied to projected total population to determine expected demand for the County as a whole, recognizing that the regional rate reflects variations among front-range counties, and may not be realized by an individual county.

POPULATION GROWTH

The Douglas County Planning Division has developed three population growth scenarios. The first is a simple linear regression based on population levels through the 1980's. Scenario 1 assumes that population change in the County will follow the trend established in the past decade. Scenario 2 assumes that Douglas County will gain a constant percentage of the region's population growth. This scenario allocates to Douglas County 15% of the regional projection of the Denver Regional Council of Governments (DRCOG). For the third scenario, Douglas County has accepted DRCOG's County projection.

Population 1990 - 2010 Projected

Year End 1990 2000 2010

Scenario 1 - Regression 60,000 94,700 129,400

Scenario 2 - 15% Region 60,000 113,190 156,550

Scenario 3 - DRCOG 60,200 125,500 195,700

Population change is part of natural growth. Douglas County's growth is the result of the processes of change at work in the Denver metro area. Population projections should be an attempt to understand the causes and to quantify the effects of that natural process. It should not be a target to be pursued, although it has been for some analysts.

The three scenarios represent possibilities. The DRCOG projections are taken to be the upper limit of growth over the next twenty years. It is not likely that the County will more than double its population in the next ten years nor approach 200,000 residents by the year 2010. To reach the population levels of the first scenario, the County would have to add approximately 3,450 more residents than it loses each year for ten years. In 1989 the County's population grew by approximately that amount, from 53,300 to 56,750. Only scenarios 1 and 2 will be used for demand estimates.

DEMAND ESTIMATE

Douglas County's growth will obviously consume aggregate, so it is important to conserve the County's resources in preparation for future demand. The estimates that follow are intended to indicate how prepared the County is to meet its coming needs.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 24 of 87 Scenario 1

In the ten years from 1990 to 2000, if the County grows from 60,000 residents to 94,700, the County's population will average 77,350 people. Aggregate demand should average about 773,500 tons per year for the ten years, or about 7,735,000 tons over the ten years. Between the years 2000 and 2010, the population is expected to grow from 94,000 to 129,400 or an average of 111,700 residents each year for the ten years. That population level represents 1,117,000 tons per year or 11,170,000 tons over a period of ten years. These estimates bring expected demand for aggregate to 18,905,000 tons over the next twenty years.

Scenario 2

Applying the same method to Scenario 2 results in an average population of 86,595 for the ten years from 1990 to 2000, an average annual aggregate consumption of 865,595 tons per year, and a ten year consumption of 8,659,500 tons. From 2000 to 2010, an estimated 13,487,000 tons of aggregate would be consumed, for a twenty year total of 22,146,500.

SUMMARY

Browne, Bortz and Coddington's evaluation criticizes the four studies for considering all aggregate resources as part of the same supply. Sand, gravel, and quarry aggregate of different size and quality are used for specific construction needs and, in most cases, are not acceptable substitutes for one another. Considering Douglas County's permitted reserves separately from other metro area reserves is not intended to suggest that Douglas County can supply all its own demand for aggregate and can eliminate any import or export. Specific projects in Douglas County may require a product not mined in the County; conversely, Douglas County may mine aggregate for projects elsewhere. At any rate, supply-and-demand data cited above indicate that currently permitted reserves are adequate to meet Douglas County's needs until at least the year 2010 (Scenario 2) and probably well beyond the year 2010 (Scenario 1).

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 25 of 87 LEGAL CONSIDERATIONSLegal Considerations

This mMaster pPlan for Mineral Extraction has beenwas prepared in accordance with the standards set forth in §34-1-301, et. seq., C.R.S. (Preservation of Commercial Mineral Deposits Act). (See Appendix AB). This Master Plan is also prepared pursuant to §30- 28-108, C.R.S., and is intended to be an amendment sub-element ofto the Douglas County Comprehensive Master Plan.

Colorado law vests broad authority in the Board of County Commissioners to regulate land use in the unincorporated areas of the County. A mineral extraction plan is just one tool to be utilized in land use regulation. Statutory authority providing directly or indirectly for the County's regulation of mineral extraction and related activities is vested in Article 28 of Title 30 (County Planning and Building Codes), Article 65 of Title 24 (Colorado Land Use Act), Article 20 of Title 29 (Local Land Use Control Enabling Act), Part 3, Article 1 of Title 34 (Preservation of Commercial Mineral Deposits Act), and Article 32 of Title 34 (Mined Land Reclamation Act).

PRESERVATION OF COMMERCIAL MINERAL DEPOSITS ACT

The Preservation of Commercial Mineral Deposits Act (the “Preservation Act”) requires counties having a population of 65,000 or more to develop a master plan for the extraction of commercial mineral deposits with the aid of maps prepared by the Colorado Geological Survey. The preservation act does not preclude a county from adopting a master plan and other land use regulations for the extraction of minerals before a county has reached a population of 65,000.

A “commercial mineral deposit" is defined under the Act as “…a natural mineral deposit of limestone used for construction purposes, coal, sand, gravel, and quarry aggregate, for which extraction by an extractor is or will be commercially feasible and regarding which it can be demonstrated by geologic, mineralogic, or other scientific data that such deposit has significant economic or strategic value to the area, state, or nation.”

Not all deposits in a county, or all deposits in the state, will necessarily attain the status of “commercial mineral deposit.” Factors are used in evaluating whether a deposit is a “commercial mineral deposit.” The factors summarized below assess the value of a deposit and whether a deposit is “significant" and should be preserved for eventual mining.In developing the master plan for mineral extraction, the following factors shall be considered:

1. Any system adopted by the Colorado Geological Survey tsystem that grades commercial mineral deposits according to such factors as magnitude of the deposit, time available for extracting a deposit, and feasibility of extraction; 2. The potential for effective, Mmultiple-sequential uses use which wouldthat results in the optimum benefit to the landowner, neighboring residents and the community as a whole; 3. The enhancement or preservation of physically attractive land on site, compatible with the surrounding area;

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 26 of 87 4. Effects on qThe quality of life of the residents in and around areas containing commercial mineral deposits; 5. Other master plans of the County; 6. Maximization of extraction of commercial mineral deposits; 7. AThe ability to reclaim an after extractionarea pursuant to the provisions of Article 32 of Title 34, C.R.S.; and

8. The ability to reclaim an area owned by any county, city and county, city, town, or governmental authority; or proposed to be used for public purposes by such a governmental authority, pursuant to an adoptive plan, consistent with such proposed use.

The above factors may be used in evaluating whether a deposit fits within the definition of “commercial mineral deposit.” These factors enable the County to weigh the value or detriment to the County, the area, and the community of extracting a particular deposit, and they help the County determine whether a deposit has value that is “significant" and whether that deposit should be preserved for eventual mining. Not all deposits in a county (or all deposits in the state) will necessarily attain the status of “commercial mineral deposit.”



TIn the C & M Sand & Gravel v. Board of County Commissioners case (Colorado Court of Appeals, 1983) case challenged the Preservation Act of Commercial Mineral Deposits Act and provided clarification on its implementation., the Colorado Court of Appeals has interpreted the Preservation Act as follows:

1. The Court interpretedation of the Act is summarizedas follows:

2. Local land use regulation is not preempted by the statute and . 3. The Act...does not require local governments to allow mining in an area where it is commercially practicable, but only to preserve access to the mineral deposits. 4. Local governments are prohibited only from allowing the a use, such as by erecting permanent structures, of in any areas known to contain a commercial mineral deposit in a manner which would interfere with the present or future extraction of [a] deposit. [such as by erecting permanent structures on top the deposit]. The Preservation Act is a narrow statute which permits local governments to pass zoning ordinances that forbid mining operations in areas containing commercial mineral deposits.  5. [An]An extraction plan is fundamentally and primarily a preservation plan [whichthat protects the County's commercial mineral deposits]...deposits so that the options of future decision makers will remain open in considering the demand for aggregate. The extraction master plan insures the availability of an adequate supply of quality commercial deposit for the future. I[l]t is not intended that an applicant for the extractive land use in an [area

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 27 of 87 designated to contain a commercial mineral deposit] shall automatically be assured of success in lieu of addressing all environmental concerns. Rather it is reemphasized that the extraction master plan shall insure the availability of an adequate supply of quality aggregate [for the long-term future].

C&M Sand and Gravel v. Board of County Commissioners. 673 P.2d 1013 (Colo. App.1983). See also Conda v. Colorado State Board of Land Commissioners. 782 P.2d 851 (Colo.App. 1989), Colorado Farms v. Board of County Commissioners. 725 P.2d 57 (Colo. App. 1986), aff'd, 763 P.2d 551 (Colo. 1988), Western Paving Construction v. Board of County Commissioners. P.2d 703 (Colo. App. 1984). See Appendix B.

COLORADO MINED LAND RECLAMATION ACT

The Colorado Mined Land Reclamation Act, 34-32-101, et. seq., C.R.S., provides that no political subdivision in the state (a county, for example) shall have the authority to issue a reclamation permit pursuant to the Reclamation Act, to require reclamation standards different than those established in the Act, or to require any performance or financial warranty (bond) of any kind for mining operations.

Before the 1988 amendments to the Act, the state agency administering the Act (the Colorado Mined Land Division) was responsible for assuring that mining operations and post-mining land use complied with county requirements. However, under the amended Act, operators shall be responsible for assuring that the mining operation and the post­mining land use comply with county land use regulations and any master plan for extraction adopted pursuant to the Preservation Act. Any mining operator subject to the Reclamation Act shall also be subject to zoning and land use authority and regulation by the county as provided by law [34-32-109(6), C.R.S.].

As of this writing, the Colorado Courts have not been asked to interpret the effect of the 1988 amendments to the Reclamation Act. Although the county lacks authority to require reclamation standards different than those established in the Act, it can continue to regulate by permit those matters traditional to land use decisions including, but not limited to, visual impact and land use compatibility. 

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 28 of 87 GOAL:Goal

To protect commercial mineral those deposits of significant value, while also protecting the natural environment, existing and planned future uses, and the quality of life in Douglas County., by assuring that future extractive activity complies with Colorado Law TO PROTECT THOSE DEPOSITS OF SIGNIFICANT VALUE, WHILE ALSO PROTECTING THE NATURAL ENVIRONMENT, EXISTING AND PLANNED USES, AND THE QUALITY OF LIFE IN DOUGLAS COUNTY, BY ASSURING THAT FUTURE EXTRACTIVE ACTIVITY COMPLIES WITH COLORADO LAW

POLICIESPolicies

1. In aAssessing deposits for preservation for future extraction, the County recognizes that not all mineral deposits are intended to be preserved.

2. Consider the factors in §34-1-304 C.R.S. to determine whether a deposit is a "commercial mineral deposit.”

3. County review of new mining operation or the expansion of an existing operation should consider the factors set forth in §34-1-304 C.R.S., and with applicable County, state, or federal criteria.

4. If certain deposits in the County are designated for preservation, the County retains the authority to prohibit or regulate the mining of any mineral or earthen material, including quarry aggregate and sand and gravel. The County also retains authority to prohibit or regulate any accessory activities related to mining.

5. Access will be preserved to a deposit that attains the status of "commercial mineral deposit."

:

1. In assessing whether a deposit should be designated as protected for eventual mining, the County shall recognize that not all mineral deposits are necessarily intended to be preserved.

2. Conformance should be demonstrated with any applicable local, state, or federal criteria, including the criteria set forth in C.R.S. 34-1-304 before the County determines that a particular deposit is a "commercial mineral deposit."

3. Conformance with criteria set forth in C.R.S. 34-1-304, and with any other applicable local, state, or federal criteria, should be a condition precedent to County approval of either a new extractive operation or the expansion of an existing operation.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 29 of 87 4. In reviewing applications for mineral extraction, the County recognizes the appropriateness of the language and reasoning of C&M Sand and Gravel v. Board of County Commissioners, 673 P.2d 1013 (Colo. App. 1983).

5. If certain deposits in the County are designated as protected for preservation, following the adopting of this Douglas County extraction plan, the County shall retain authority to prohibit or regulate the mining of any mineral or earthen material, including quarry aggregate and sand and gravel, and the County shall also retain authority to prohibit or regulate any accessory activities related to such mining.

The County plan recognizes that a mineral extraction master plan is fundamentally and primarily a preservation plan, a plan to preserve the options of future decision­ makers by protecting minerals designated for mining from encroachment by permanent structures.

6. When existing extractive permits are exhausted, the policies herein shall apply with respect to any application for further extractive use.

7. Access shall be preserved to any deposit that has attained the status of "commercial mineral deposit."

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 30 of 87 LAND USE

The fundamental issue that must be addressed in reviewing an application for a new or expanded mineral extraction operation is whether or not extraction is appropriate on the site in question at the time of the application. At the center of the review is the question - Is this land use appropriate? In answering that question, the potential positive impacts of the use must be balanced against the potential negative impacts. Both positive and negative impacts shall be assessed on an application-by-application basis, and both the short-term and long-term effects shall be considered.

POSITIVE IMPACTS

Benefit is expressed largely in financial terms, but not exclusively so. The need for a particular deposit translates into economic opportunity for a mining company and income for the landowner. The benefit for the locality, state, or nation comes (1) in bringing a necessary product to the marketplace, (2) in payroll and other expenditures of the company that contribute to the economic development of the community, and (3) in taxes paid.

Assessing the benefits requires examining the need for the product. Is the deposit of high quality? Is it reasonably close to markets? How does this deposit compare with competing supplies in terms of quality and proximity? Will demand be sufficient for this product's extraction to be viable?

Only then can the level of expected benefit be established. An applicant should be able to make clear the monetary value of the operation -- not only payroll and other expenditures, but also the secondary indirect benefits as the employees' and suppliers' income circulates through the economy. The value of taxes generated should also be included.

Developing a desirable end use would be another benefit. Creating a valued wildlife habitat, for example, can be considered among the project's positive impacts.

NEGATIVE IMPACTS

The benefits of a project have to be weighed against the associated negative impacts to determine that the project has significant value. Once benefit is established, potentially detrimental impacts must be assessed. Finally, a finding must be made that the safeguards and mitigation measures proposed in the application are or are not sufficient to prevent or offset the impacts. Some potential impacts may be unacceptable, regardless of the applicant's ability or willingness to offset them; others may be compensated for or mitigated. A reasonable land use decision can be made only when compensation and/or mitigation of impacts are shown to be feasible and will be carried out. Only then can the extraction of a deposit be said to possess significant value to the locality, state, or nation.

Potential negative impacts to be examined include (1) the cost to Douglas County of providing and maintaining infrastructure; (2) the potential conflicts of incompatible land uses; (3) the possibility that ancillary uses such as batch plants will be incompatible with surrounding uses; and (4) the potential environmental damage and loss of wildlife habitat.

The following chapters of this plan focus on various categories of impacts - transportation, visual, air quality, water quality, noise, wildlife, historic and archaeological resources, and site

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 31 of 87 restoration. Each category must be considered, and the negative impacts in each category must be understood. The project's net benefit is taken from comparing and balancing the positive and negative effects.

LAND USE ISSUES

Before considering each type of impact in detail, this chapter sets forth policies on a broader scale. The policies address the issue of compatibility in general and those issues deemed to be of local concern, such as land use considerations, and the protection of the health, safety, and welfare of the community.

These issues encompass:

 Proximity of the proposed operation to existing and planned residential, commercial, and recreational developments;  Timing of extraction and other developments in the area, and the possibility for sequential use;  Proximity of the proposed operation to environmentally sensitive areas;  Size and scope of the operation;  Appropriateness of ancillary uses;  Environmental and visual sensitivity of the land in question; and  Feasibility of returning the site to a natural or desirable end state, and the ability of the applicant to achieve that end.

COMPATIBIILITY

Our system of zoning, which excludes some uses from a zone while allowing others, is based on the notion that some uses are insurmountably incompatible. Some extreme but unlikely examples would be pig farms in office parks and landfills in the midst of condominiums.

Although sensitive land uses can be screened and buffered from extraction operations, the approval of residential development very close to an extractive use should be avoided: the approval of extraction close to existing residential neighborhoods should also be avoided.

Separation benefits both uses. An extraction operation will receive no complaints from neighbors if there are no neighbors to complain. The residential quality of life can be maintained if residential areas remain free from encroachment by intense, nonresidential uses.

Recreation areas are also sensitive to the impacts of intense development. Parks, open spaces, trails, and other recreation and scenic areas should be protected from extraction operations.

One way to approach the separation of uses is to graduate intensity so that the most­ intense uses (industrial uses) are adjacent to the next most intense uses, etc. In this way, the uses most sensitive to impact (such as environmentally delicate open spaces, and remote residential use) are adjacent to low-intensity uses. Intensity then graduates from residential use to limited- support business, to commercial, and finally to industrial use. Mining operations are intense industrial uses that generally strongly impact adjoining uses and values, and are often long term.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 32 of 87 The impact of a use on property values is often difficult to determine. Conflicting appraisals are not uncommon in the evidence presented to decision-makers. However, the impact on property values should be examined in the course of project review, and considered in the analysis of adequate separation.

The general principle of separation, however, must be understood in more than simple terms of distance. Natural features may serve effectively to buffer a residential area from an extraction operation. Screening, landscaping, and other modifications of vegetation or topography of the site may serve the same purpose. A mining operation need not be an eye-sore. Screening, buffering, revegetation, and other procedures can and should be started when mining begins so that the site will be kept as attractive as possible and the applicant will provide a development that is an asset throughout the life of the operation.

The size of the operation also comes into play, in that a small borrow site that supplies construction material for a residential subdivision for a very short time may be tolerable; whereas, a 50-year mine covering hundreds of acres would not be.

The timing of various types of development also impinges on the acceptability of mining in a residential zone. Given the long-term inventory of residential zoning in the County and the Towns, a mining operation may possibly be approved away from existing residences, and the mining site may then be fully restored before residential development reaches the site. Multiple, sequential use of the property should be considered, but only with a great deal of certainty about the timing of the approved residential development and with strict limits on the proliferation of industrial uses before commitments are made to the mining operation. The timing of extraction should be addressed through the hearing process, and specific time-frames should be incorporated in the conditions attached to any approval.

The same concepts hold true for some nonresidential development. Douglas County has dedicated its resources, through the Economic Development Council and similar efforts, to balance its tax base with appropriate commercial, retail, office, and industrial development. The Douglas County Master Plan calls for the County to “create a climate and projects an image which will attract high quality commercial and industrial development.” A mineral extraction operation can be that kind of development. It can also conflict with other nonresidential uses. Given the possibility for conflict, mineral extraction is not encouraged in those areas where the County has targeted office, high­tech, retail, or other people-intensive, nonresidential development for the near future.

Again, there may be a case-by-case potential to buffer, or to extract before developing for other uses. The potential for both possibilities should be explored.

Finally, uses that are ancillary to the extraction itself must also be viewed for their impacts on nearby uses. The compatibility of batch plants and similar uses must be considered. Any use of this type, if part of the initial application, should be approved for no longer than the duration of mining. Batch plants may be also necessary apart from a mine site. The use of portable, temporary batch plants on construction sites should be considered. Their use, moreover, can reduce transportation costs and the impacts of transporting the material on crowded roadways. Besides, the portable plant may have less impact than one placed on a mine site.

VISUAL AND ENVIRONMENTAL SENSITIVITY

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 33 of 87 Land use impacts, in fact, may have no relationship to the proximity of other uses. An unacceptable mountain scar seen for miles is a land use impact having little or nothing to do with adjacent uses or zoning. The loss of an endangered species or of high impact wildlife habitat is likewise independent of distance from residential or commercial development. Yet these land use impacts must be considered.

The land use chapter of the Douglas County Master Plan contains general policies that include the following:

 Development shall be... discouraged in areas determined to be visually important.  Industrial uses shall be located so as to minimize conflicts with residential development, agricultural uses, wildlife areas, and environmentally- or visually­ sensitive areas.

Minor visual disturbance over a short period of time may be permissible, particularly if the end state is acceptable. If disturbance is temporary, and repair is both possible and guaranteed, extraction in sensitive areas is also permissible.

More severe, long-lasting changes in the environment may also be acceptable if proposed mitigation measures or offsets can compensate for them. An important variable is the rate at which the site is returned to an acceptable end state. Progress throughout the life of the operation should be continuous toward the final land use.

A long-term project would also be more acceptable if, for example, the end state provides high- quality recreation areas or open space, or significant new wildlife habitat. Or the disruption of habitat in one area may be offset through permanent preservation of habitat elsewhere in the County. Such offsets are part and parcel of balancing the land use costs and benefits.

GOAL:

TO ENSURE, THROUGH THE IMPLEMENTATION OF THIS MASTER PLAN, THAT MINERAL RESOURCES ARE EXTRACTED IN DOUGLAS COUNTY IN A MANNER THAT ULTIMATELY BENEFITS THE COUNTY, ITS JURISDICTIONS AND ITS CITIZENS, AND ASSURES THAT ANY FUTURE EXTRACTIVE ACTIVITY WILL BE COMPATIBLE WITH EXISTING LAND USES AND WITH ALL DOUGLAS COUNTY MASTER PLAN OBJECTIVES

POLICIES:

1. The consideration of a mineral extraction application must be preceded by a thorough analysis of the positive and negative impacts of the project, including consideration of factors set forth in Colorado law (see Legal Considerations).

2. Recognizing that mining is a high-impact use, the County discourages the siting or expansion of extraction operations unless compatibility with surrounding uses, both existing and approved, can be ensured.

3. The siting of, and access to, new mining operations, and the expansion of existing operations, should be discouraged in residential areas and in other places where residential areas would be negatively impacted.

4. The extraction of a mineral resource within or near an approved development, solely for

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 34 of 87 the purpose of supplying that development's infrastructure needs, may be appropriate. The life of the operation should be limited to the time of the development's buildout, and should not be expanded to serve additional areas.

5. Parks, trails, preserved open space, and other recreational and scenic resources are important to Douglas County, and diligent efforts should be made to protect them from the negative impacts of extractive uses.

6. If a mining operation is proposed in a nonindustrial area, any potential industrial­type infill in the vicinity of the mine site must be assessed.

7. A mining operation shall not establish a permanent land use pattern upon which to base additional industrial zonings that are otherwise inconsistent with the long­ range planning goals for the community.

8. Mining operations should use any available natural features and necessary buffering techniques to ensure compatibility with surrounding uses.

9. A mining operation located at an appropriate distance from other development should be protected from encroachment by other land uses to protect it from potential future opposition.

10. Mineral extraction should not interfere with economic development efforts within the County. This restriction should be considered when the development of mineral resources may encroach on rural town centers or other areas targeted for near­term office, retail, or other people-intensive developments having significant tax base potential.

11. Mines should be sited and operated in ways that do not diminish the taxable value of the mine site or surrounding land and do not diminish the property value of surrounding lands.

12. If a batch plant is proposed in conjunction with mining, the need for the plant or other ancillary facilities should be examined as part of the application and should be approved, at a maximum, for the duration of mining.

13. Portable batch plants may be appropriate for extremely short-lived projects such as the paving of specific roadways, but they must be reviewed on a case-by-case basis.

14. Mineral extraction operational plans must seek to minimize visual disruption and environmental degradation.

15. The County should review the final land use plan to ensure that the end state meets the land use goals of Douglas County and that undeveloped areas remain as natural and undisturbed as possible.

16. The application should include a commitment that site restoration will begin concurrent with the operation, so as to reduce visual and other impacts and ensure that the final, approved land use plan is implemented.

17. To promote the County's fiscal base, its orderly growth, and the welfare of its citizens, applications should be discouraged for mine sites where extraction is not to begin in the

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 35 of 87 near term.

18. The operational plan must include a commitment to suppress dust on site and on public (particularly gravel) roads.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 36 of 87 TRANSPORTATION

Douglas County's Master Plan includes a Major Roadway Plan that designates freeway, expressway, and arterial alignments. The plan forms the basis for the County's Capital Improvements Program of which road and bridge improvements are the major projects. This chapter of the mineral extraction plan addresses that part of the program and all other road impacts attributable to mineral extraction operations. The chapter also deals with the extraction operation's need for arterial access, and the conflicts between truck traffic generated by mining operations and other traffic on the road network.

RESPONSIBILITY FOR ROAD IMPROVEMENTS

Any mining or mining-related operation that relies on trucks to transport its product requires arterial access of adequate capacity built to standards sufficient to carry the traffic safely. Paved arterial access close to the extraction is necessary, and truck routing on local streets is unacceptable, particularly in developed areas. Local roads are not designed to support the weight of loaded trucks nor are truck traffic compatible with local, neighborhood traffic.

Right-of-way width, number of lanes, pavement depth, and design speed also play into the adequacy of the access. The Douglas County Roadway Design and Construction Standards, the Highway Capacity Manual, the Colorado Division of Highway Road Design Manual, the State Highway Access Code, and other technical manuals provide guidance on these issues.

Heavy truck traffic and automobile traffic have vastly different impacts on the road surface and thus on the requirements for pavement depth. A 1989 Jefferson County report on the impact of gravel-hauling trucks found that impact varies dramatically with axle load. Jefferson County's study found that a 36,000 lb. single-axle load causes 17 times greater loss of pavement life than an axle load of half that amount, or 18,000 lbs. The American Association of State Highway and Transportation Officials (AASHTO) design guidelines for pavement structures indicates that one tandem-axle truck, fully loaded to allowable limits, causes pavement damage equivalent to the damage from 10,000 cars. The substantial difference in truck traffic impact should be addressed through the application review process and the mitigation measures required of an extraction operation.

Dust-suppression measures must be imposed and enforced to mitigate use of unpaved access roads by gravel-hauling trucks. Dust will be addressed further in the chapter dealing with air quality.

The cost of necessary improvements, such as additional paving, widening, additional lanes, right-of-way acquisition, turn lanes, acceleration and deceleration lanes, and intersection improvements shall be borne by the use creating the need for the improvement. The extraction operation's mitigation plans must internalize, to the extractor, the external costs associated with the operation.

The application process should also address the impacts to roads in the Towns. The County and its municipalities must be responsible for impacts that spill over jurisdictional boundaries. As the County and Towns proceed with intergovernmental agreements, they shall consider specific cost-sharing methods or interjurisdictional transfers.

TIMING

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 37 of 87 The timing of road improvements required to bring access to acceptable standards also is important. The Douglas County Master Plan states that “the provision of arterial roads within or adjacent to new development proposals shall be consistent with the Major Roadway Plan of the County and shall occur prior to or concurrent with actual construction of the development." An extraction applicant is obliged to propose solutions to transportation impacts that precede the impacts generated. To that end, the County should develop processes for assessing the differential impact caused by truck traffic and for collecting fees or requiring up-front improvements to mitigate the impacts.

SAFETY

Well-maintained roads of adequate capacity are only the starting point for a safe road network. A great deal can be done by operators and transporters to improve safety for everyone using the roadways.

Timing trips to off-peak traffic is one means of reducing the conflict between new truck trips and existing traffic. The application process should be used to explore the possibility for off-peak truck trips. Minimizing truck use during peak hours helps alleviate congestion on already overburdened arterial roads and helps keep trucks off the roads when school buses are running.

Congestion may also be reduced by using larger vehicles, and thereby requiring fewer trips. Larger vehicles, however, require increased road maintenance which partly offsets the advantage of using them. The transportation system must safely meet the needs of the County's residents and businesses. To meet that goal, the number and the timing of trips allowed from an extraction operation may have to be regulated.

Spilled loads cause another potential conflict between gravel-hauling trucks and other traffic. Operators have a responsibility to comply with existing laws prohibiting load losses. To that end, operational plans should specify and be evaluated for measures to keep loads from spilling. These measures should include monitoring loading to ensure that load limits are not exceeded, cleaning trucks before departure, routinely inspecting trucks for loose tailgates, and covering the loads.

The trucks themselves should include the best possible safety equipment. Because trucks, particularly loaded trucks, require greater stopping distance, advanced braking systems should be installed on all hauling equipment.

Reducing the number of truck trips, or changing their timing, assumes that trucking is the only transportation option available. The presence of rail lines in Douglas County, however, may enable a mining operation to transport by rail rather than by truck. The application process should address this possibility.

COMPATIBILITY

An applicant's proposed transportation plan should ensure that the operation's traffic will be compatible with uses along haul routes. High volumes of truck traffic can disturb sensitive areas including residential developments, environmentally sensitive areas, and preserved open space. Truck traffic should not use local and collector roads, but should be routed to arterial roads where safety, noise, vibration, and other impacts can be addressed.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 38 of 87 GOAL:

TO ASSURE THAT TRANSPORTATION IMPACTS ASSOCIATED WITH EXTRACTION OPERATIONS ARE ADEQUATELY ADDRESSED

POLICIES:

1. All transportation-related costs, both on- and off-site, shall be the responsibility of the development(s) creating the need for the improvements.

2. Adequate mitigation of transportation impacts shall be required of extraction operations. These measures may include, but are not limited to, intersection improvements, additional paving, additional lanes, and other improvements as may be necessary on a case-by-case basis.

3. An operation shall complete necessary road improvements as they are needed.

4. Truck traffic, generated by an extractive use, should be routed to arterial roadways of adequate capacity, design, and maintenance levels. Where the arterial access is inadequate, the applicant will be responsible for capital improvements and maintenance subsidies in proportion to the impact generated.

5. Capital improvements may be required in excess of those needed by the individual extraction operation, particularly when construction of a partial improvement does not adequately address the impact. If so, the applicant must be reimbursed for the portion of the improvement that exceeds a fair share.

6. Truck traffic, generated by an extractive use, should not be routed along local and collector roads.

7. Developed areas, environmentally sensitive areas, and areas designated as open space should be protected from the impacts associated with transporting extracted materials. Mining operation traffic should not be routed through these areas.

8. The safety of other users of the transportation network must not be compromised by the extraction operation. The extractor shall assure that transportation methods used shall address safety issues including, but not limited to, overloading, spilled loads and covered loads; vehicle safety; conflicts with rush-hour traffic and school bus safety; runaway truck ramps; and state-of-the-art braking systems.

9. The hours of operation and the timing and number of truck trips should be regulated to maintain public safety and to limit transportation impacts.

10. Truck loads must be covered.

11. Trucks must be structurally and mechanically sound to contain the load. Trucks will be loaded in ways that eliminate spills.

12. All trucks leaving a mining area should be inspected for soil and rocks on wheels, sidewalls, and undercarriage. A specific place should be allocated for truck inspection and cleaning.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 39 of 87 13. To help reduce truck traffic, extractors must explore all potential alternative transportation methods, such as rail, conveyor systems, and slurry pipelines.

14. The County will work with its Towns and the State to designate safe, efficient truck routes through the County.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 40 of 87 WILDLIFE

Douglas County is home to a wide variety of wildlife that contributes to the cultural amenity of the County's urban and rural lifestyles. The habitat that supports the County's wildlife, therefore, must be protected to help ensure that the County remains a desirable place for its citizens to live and work.

The 1986 Master Plan clearly affirms the intrinsic value of wildlife to the County's citizens and gives wildlife impacts a place in the review of land use applications. It also incorporates a wildlife-impact map to alert decision-makers to areas of high, moderate, and low wildlife impact. The map, and the policies that accompany it, should be used to review mineral extraction applications.

The County will also look to the Colorado Division of Wildlife to comment on an extraction application. The Division should be afforded a role in the early stages of the application process and allowed to survey the site to confirm the importance of the habitat and to recommend mitigation measures.

MITIGATION

One way to mitigate potential impacts is to preclude the impact altogether. In the most serious cases, where endangered species are threatened, for example, the impact may be too great to allow extraction.

Some habitat that is lost to extraction may be replaced off site. An extractor seeking a permit in an area of significant habitat is encouraged to offset the impact by preserving and improving suitable habitat elsewhere.

Finally, the impact may be acceptable if the loss of significant habitat is short-term and will demonstrably not cause irreversible impact on threatened or endangered species. If the end use includes habitat of equal or higher quality, and the extractor has guaranteed to implement the end-use plan, the mitigation may be sufficient.

GOAL:

TO ENSURE THAT MINERAL EXTRACTION DOES NOT DIMINISH SIGNIFICANT WILDLIFE HABITAT NOR NEGATIVELY IMPACT THREATENED OR ENDANGERED SPECIES

POLICIES:

1. Applications shall be discouraged in areas designated as high wildlife impact in the Douglas County Master Plan.

2. The County will strive to protect critical or unique habitats from any negative impacts of mining operations.

3. Extraction must not negatively impact threatened or endangered species.

4. Extraction applications in areas of significant wildlife habitat should provide for preserving and improving significant habitat off site prior to extraction. That habitat should support

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 41 of 87 the species found on the extraction site.

5. To restore significant habitat lost through extraction, safeguards should be put in place as part of the application process.

6. Applicants should make every effort to enhance the County's wildlife and improve the County's wetlands.

7. Extraction sites will be reclaimed in a manner that best provides suitable wildlife habitat.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 42 of 87 HISTORIC, ARCHEOLOGIC, AND PALEONTOLOGIC RESOURCES

Historic, archeologic, and paleontologic resources are irreplaceable bridges to our past. They are fragile chronicles of the changes in our culture, unique representations of other cultures, and important keys to our planet's evolution. Destruction of these resources is a needless, irreversible loss.

The first step in preserving these resources is to identify significant sites or trails and to inform the public and potential applicants. The Douglas County Master Plan includes a map of historic resources and refers to the State Archeologist's list of identified sites. Existing information should be assessed, then the site should be evaluated in a preliminary study, by a potential applicant, before the project is submitted.

Once in process, the application should be referred to the State Archeologist's office and to local and state historical societies. If the initial review and the referral process indicate the need for a more thorough on-site study, the site should be reevaluated at the expense of the applicant before an application is approved.

Should the survey uncover important resources, appropriate measures must be taken to protect them. Discovery of a historic, archeologic, or paleontologic site may call for limiting the operation to keep from disturbing the resource (restricting extraction to only part of the site, for example). Some discoveries, such as historic artifacts, may be better preserved by removing them from the site. Only a qualified professional should examine and recover the resource.

Applicants should be required to preserve significant historic, archeologic, and paleontologic resources before mineral extraction begins. The final land use plan should be sensitive to long- term preservation of the resource.

GOAL:

TO ENSURE THAT IMPORTANT HISTORIC, ARCHEOLOGIC OR PALEONTOLOGIC RESOURCES, WHICH MAY BE IMPACTED BY MINING OPERATIONS, WILL BE PRESERVED

POLICIES:

1. Applicants should be required to retain a qualified professional for independent on­site assessment of the historic, archeologic, or paleontologic values of the site before submitting an application.

2. Mineral extraction applications and the applicant's assessment will be referred to the State Archeologist's Office and to local and state historical societies for their comments and recommendations.

3. The applicant will be responsible for additional site examination, if referrals and other preliminary analyses suggest the presence of resources.

4. The operational plan should be modified to assure that any significant resource is preserved.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 43 of 87 5. Any resource uncovered during the operation shall be reported, properly investigated, and protected. The permit's work time shall be extended to compensate the applicant for any lost operating time.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 44 of 87 AIR QUALITY

Air pollution is a significant contributor to respiratory disease and is an important health risk to our population. Air pollution leads to ozone depletion and threatens our healthful environment. The brown cloud is visible proof of our failure to control emissions that pollute our air, damage our environment, and risk our health. Air pollution is one of the Denver metropolitan area's most important problems. The metro area, however, has made strides in improving air quality by reducing the number of days that national air quality standards have been violated.

Most of the metro area's violations are for excessive carbon monoxide and ozone levels, which are not direct byproducts of mining. Suspended particulates are more an issue in mining operations, and they are major components of the brown cloud. Road dust accounts for most suspended particulates, and airborne dust is the most serious air quality problem caused by mining activities.

Mining operations can negatively impact air quality. The impact on air quality varies with the method of mining, size of mine, and operational practices of the mine operators. Both on- and off-site activities affect air quality.

On-site sources of air pollution include the following:

 Rock processing equipment including conveyors, crushers, and screens  Batch plants and associated equipment such as conveyors, dryers, and mixers  Stock piles  Blasting  Vehicle staging areas  Vehicle emissions  Other handling of material

Sources of off-site air pollution include the following:

 Unpaved or unstable roadway surfaces  Poorly loaded and uncovered trucks  Tracking soil onto roadways by truck tires  Vehicle emissions

Wind is a critical variable in the volume of suspended particulates. On- and off-site sources and atmospheric conditions should all be considered in the review of applications for mining operations.

EXISTING REGULATIONS

All state and local air-quality regulations are derived from the Federal Clean Air Acts of 1963 and 1967. As mandated by the Clean Air Acts, the state has adopted the Colorado Air Quality Control Act (Colorado Revised Statutes 25-7-101 et. seq.) which empowers the state to control air quality

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 45 of 87 as it pertains to mineral extraction.

The Colorado Department of Health administers the state's air-quality program and implements and enforces the requirements of the Colorado Air Quality Control Act. The State Health Department is authorized to issue permits for mining equipment, such as batch plants and rock crushing facilities.

MONITORING AND ENFORCEMENT

Douglas County air is monitored by the Tri-County Health Department and the Colorado Department of Health. Monitoring air quality for particulates (dust) has historically relied on collecting airborne suspended particulates.

A second way to assess particulate matter in the air requires a trained smoke reader - a person trained and certified by the County Department of Health to measure opacity. Opacity is used for monitoring and enforcement in Colorado.

Monitoring of air quality beyond what the State Health Department requires has not been required on specific mine permits.

The State Health Department annually inspects mines and assesses pollution emissions from mine plants. Activities that will create emissions must first receive permits from the State Health Department. To get a permit the application must have an emission-control plan approved by the State Health Department. Once a permit has been issued, the County Health Department annually inspects the permitted facility. Other inspections are complaint-driven, occurring only when a private party initiates some action.

Both the Tri-County Health Department and the Douglas County Planning Division annually inspect mining operations in the County and note any air-quality problems. Both agencies make additional inspections as necessary or in response to citizen complaints. Enforcement has historically been accomplished at the local level.

MITIGATION TECHNIQUES

Mitigation techniques for dust emissions from mining and processing range from spraying water on the dust source to using dust collectors. Dust from unpaved roads, which causes about 95% of all dust problems, can be controlled by paving roads or to a lesser degree by spraying water or nontoxic crusting agents. (When mixed with water and sprayed on the road surface, crusting agents dry to a hard surface.) Several of the following control techniques are used to mitigate air pollution caused by processing: dust suppression, fabric collectors, mechanical collectors, and scrubbers. These methods, used alone or in combination, have proven effective in controlling dust emissions from mining operations.

If air quality may be impacted by the proposed mining operation, all parties involved should attempt to negotiate an agreement on acceptable impacts, taking into consideration the criteria and concerns listed above. Mitigation measures listed above may also be used to reduce air pollution. The negotiating group should examine the nature of each site. Variables for consideration include the following:

 Proximity of proposed operation to other development

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 46 of 87  Current air quality/potential degradation  Pristine environments  Air currents/patterns - frequency, prevailing winds, shifts  Size of operation - longevity, quantity of release  People/neighborhood impacts (dust, visibility)

GOAL:

TO PROTECT THE COUNTY'S AIR QUALITY FROM DEGRADATION BY MINING OPERATIONS

POLICIES:

1. Before a project is proposed, the ambient (existing) air quality of the proposed site should be measured. Measurements should be made upwind and downwind of the proposed site and should be made during periods of diverse wind conditions. Air quality should be measured by a qualified party and should follow accepted State and Federal procedures and accepted scientific standards.

2. The applicant should be required to present acceptable evidence of the potential for negative impact on ambient air quality from pre-operation levels.

3. In addition to monitoring requirements of the State or Tri-County Health Departments, the County may impose its own monitoring requirements as a condition of approval. Monitoring should take place:

 At the preliminary stage to establish ambient air quality levels  During the initial phase of a new mining operation  Randomly and unannounced (not less than twice each year) throughout the operation  During significant changes in the existing operation

4. Truck loads must be covered.

5. Trucks must be structurally and mechanically sound to contain the load. Trucks will be loaded in ways that eliminate spills.

6. All haul trucks leaving a mining area shall be inspected for soil and rocks on wheels, sidewalls, and undercarriage. A specific area should be allocated for truck inspection and cleaning.

7. Dust from on- and off-site activities, including dust from the product, stockpiles, processing equipment, and truck traffic, will be controlled. The operation and its traffic will meet all air-quality-control regulations and special conditions imposed by the County. Dust mitigation measures designed to meet regulations and special conditions may include, but are not limited to, paving or treating road surfaces.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 47 of 87 8. Ground cover will be disturbed no more than absolutely necessary at any given time to carry on mining operations.

9. Mining and site restoration should proceed concurrently to limit the disturbed area and reduce air pollution.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 48 of 87 WATER QUALITY

Douglas County's environmental quality depends on maintaining stream flows and preserving surface water quality. For its water supply, Douglas County relies heavily on nonrenewable groundwater resources.

What matters most for our present dependence on a finite source of water supply is not that we have a problem, but how well we manage it. From “Supply Demand and Institutional Needs of Douglas County,” a report of the Douglas County Water Advisory Board.

The County's scarce water supply- both surface and groundwater - requires careful stewardship. In reviewing proposed mining operations, any decline in water quality or quantity as the result of mineral extraction is a significant concern. Mining operations can negatively impact both the quantity and the quality of surface and groundwater. Potential impacts will vary as widely as the mining methods and the geologic and hydrologic characteristics of each mine site. Any use that may endanger the quality and quantity of that supply, therefore, must be carefully controlled.

SURFACE WATER QUALITY

One of the primary problems in maintaining surface water quality is the potential degradation of surface run-off caused by land disturbance from mining and from haul­ road construction. Water quality in lakes and streams can be degraded by removing natural vegetation and exposing soils to erosion. Mining operations, by reducing the ability of the soil to absorb precipitation, may cause higher-than-historic surface run-off and greatly accelerated soil erosion.

Mining operations may impact surface water in the following several ways:

 Introducing contaminants, mostly sediments, but also unwanted nutrients and industrial chemicals  Altering the natural stream flow  Increasing storm run-off

Generally, dryland gravel mining and rock quarrying will impact surface water much less than mining in an alluvial valley or in a stream channel. Mining in or adjacent to a perennial stream greatly increases the potential damages to surface water quality and requires (1) careful planning and execution of the mining method, (2) careful attention to sedimentation and erosion control, and (3) strict regulatory review.

Existing Federal, State, and County standards that guide decisions on surface water quality include the following:

a. Monitored Stream Characteristics (1) Standards for controlling total dissolved solids, temperature, and acidity (2) Biological Oxygen Demand (BOD)

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 49 of 87 (a) Set by the Water Quality Control Commission (WQCC) of the State Department of Health (including the WQCC "Basic Standards and Methodologies for Surface Water'') (b) Varies from stream to stream and in different reaches of same stream (c) Govern National Pollution Discharge Elimination (NPDES) permits granted and monitored by WQCC and EPA b. Water Rights (1) Granted by District Water Courts (2) Administered and monitored by State Engineer c. Dredge and Fill Permits (1) Issued by the Corps of Engineers - 404 Dredge and Fill Permits d. Mined Land Reclamation Permit Procedures (1) All water -related impacts are considered critical by Mined Land Reclamation Division (a) Hydrologic impact evaluations (b) Off-site impact evaluation e. Douglas County (1) Douglas County Storm Drainage Design and Technical Criteria Manual (DCSDD&TC) (2) Erosion and Sedimentation Control Addendum to DCSDD& TC (3) Cherry Creek Basin Water Quality Authority (4) Chatfield Basin Association f. Urban Drainage and Flood Control District (1) Technical Review Guidelines for Gravel Mining Activities (2) Referral Recommendations

GROUNDWATER QUALITY

Mineral extraction can have a negative impact on groundwater. Contaminants may be introduced into groundwater through various processes or practices of mineral extraction, as follows:

• Mineral contaminants introduced directly into the aquifer (as through a well) • Improper storage or handling of fuel or other chemicals • Drawing down, or otherwise limiting groundwater flow, resulting in concentration of existing contaminants • Contaminants introduced into the aquifer from polluted surface water

Wells are registered by the State Engineer's Office, Division of Water Resources. Registration logs show where a well is located. Adjudication before a District Water Court apportions water to a consumer. Most new wells are registered, but many old ones are not. Wells built for commercial or agricultural purposes generally require augmentation or adjudication that places the owner on a list that designates priority rights over water use.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 50 of 87 Registration provides an applicant and the County with information from which to develop a well- monitoring program. Not all changes in wells (i.e., yield, water quality) near a mining operation can necessarily be attributed to the mine, but a monitoring program can help identify negative impacts on groundwater caused by the mine and can lead to early detection and remedy of any impacts.

However, the potential mining impact on groundwater calls for thorough safeguards to be in place before mining starts. The review process should produce adequate controls on fuel and chemical storage and on draw down.

WATER QUANTITY

Mining operations, generally consume water. Although mining and mineral processing may be possible without water, dust suppression and washing the aggregate both consume water, and some water is lost through evaporation. When mining is completed, water must be available for restoring the site and for reestablishing vegetation.

Water conservation is an important consideration in the approval of any land use application, and should be considered in the review of extraction applications. Exposing the County's finite groundwater supply to evaporation is particularly troublesome. Dredging and other mining operations that create ponds from nonalluvial groundwater should be discouraged.

In reviewing mining proposals, the County has the responsibility of ensuring that the applicant has enough water to meet all site restoration, fire control, and operational needs. Specific regulations governing water supply are administered by the State Division of Water Resources. County water policies are outlined in the Douglas County Master Plan and the reports of the Douglas County Water Advisory Board.

GOAL:

TO PROTECT THE QUALITY AND QUANTITY OF THE COUNTY'S WATER RESOURCES FROM DEGRADATION BY MINING OPERATIONS AND TO CONSERVE THE COUNTY'S WATER SUPPLY

POLICIES:

1. All proposed mining operations and haul roads must be consistent with the Douglas County Drainage Criteria Manual and the Douglas County Erosion Control Regulations.

2. All mining proposals will be submitted for review to all affected water agencies.

3. An application for a mining permit must fully disclose the amount and source of water to be used for operations and end use.

4. The County will review the terms of any water augmentation plan.

5. All required water permits will be obtained by the applicant before starting mining activities. Evidence of permit issuance must be supplied to the County before mining begins.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 51 of 87 6. All fuel, chemicals, oil, grease, and blasting agents must be used, stored, and maintained in ways that prevent accidental discharge to surface and groundwater.

7. Provisions for controlling storm run-off and site drainage must be included in the mining application. Off-site run-off and drainage impacts must be appropriately mitigated.

8. Long-term sedimentation shall be controlled by revegetation, run-off diversion ditches, sediment ponds, and other erosion and sedimentation-control techniques as appropriate.

9. Stream flows should not significantly increase or decrease as a result of mining activities.

10. Ponds fed primarily by nonalluvial groundwater are discouraged as an end use.

11. Potentially impacted wells should be measured and tested by the applicant for water quantity and quality with permission of the property owner(s) before mining operations begin. The applicant should consider such things as seasonal production, wet/dry years, household use, annual production history, well depth, condition and age, and any other relevant factor that might affect well performance. All this information is needed as baseline data from which mining impacts can be measured.

12. The application shall include contingency plans, anticipatory, mitigation measures, and bonding or other tangible means of compensating affected citizens in the event that water resources are adversely affected by the operation.

13. Water brought on site and stored for use should be adequate to meet emergency requirements as well as day-to-day operations. The local fire district will determine requirements and a fire-safety plan.

14. All wells and springs that may be potentially affected by mining operations must be registered with the State Water Engineer Colorado Division of Water Resources.

15. Aquifer recharge areas shall be protected from mining impacts that may adversely affect groundwater.

16. To conserve water supplies, water used in mining and in processing sand, gravel, and quarry aggregate should be recycled whenever and wherever possible.

17. Wetlands disturbed during extraction should be restored.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 52 of 87 NOISE

Noise pollution has both physical and psychological effects. Noise can damage hearing, disrupt sleep, interfere with work and learning, and increase stress.

Mining operations may add significantly to the noise pollution we live with each day. Machinery used in the operation, trucks used to transport the material, and blasts used to fragment the - rock- all -increase noise levels. However, a great deal of background noise is usually present in our environment, so although mining operations can and should control noise levels, restrictions should be in line with existing background noise levels and with standards specified in state statute.

NOISE REGULATIONS

Douglas County zoning and subdivision regulations refer only once to allowed noise levels. In the general industrial zone, the County allows "any industrial or manufacturing operations which do not emit unusual or excessive ... noise beyond the boundaries of the site."

State statute does specify permissible noise levels, in decibels (db), for specific land uses as follows:

Zone 7:00a.m. to 7:00p.m. 7:00p.m. to 7:00a.m.

Residential 55 db(A)* 50 db(A) Commercial 60 db(A) 55 db(A) Light Industrial 70 db(A) 65 db(A) Industrial 80 db(A) 75 db(A)

* db(A) - decibels measured on the A scale of a standard sound level meter having characteristics defined by the American National Standards Institute, publication S1.4-1971.

Standards are more strict (by five db in every category) for shrill, impulsive, or periodic noises. Daytime standards may also be exceeded by ten db if the noise lasts less than fifteen minutes in any one-hour period. Consideration is given to the effect of background or ambient noise level, under the assumption that marginal differences may be insignificant in areas of substantial background noise, whereas a small addition can be very disturbing in very quiet areas.

The Tri-County District Health Department responds to noise complaints and will measure noise levels. Measurements are made with computerized audio dosimeters when wind velocity is five miles per hour or less at a point 25 feet from the property line. After excessive noise is reported to Douglas County, the County becomes responsible for enforcing noise regulations.

NOISE POLLUTION AND ABATEMENT

Noise can have a disturbing effect on the quality of life and should be taken as seriously as other pollution. Very quiet residential areas should be protected from dramatic changes to the peace and quiet. Urban, commercial areas, with all the attendant background noise levels, should be protected from volumes that exceed state standards. Noise standards should be designed to fit the vicinity of the proposed operation, with the state standards as the upper limit where no special concern exists.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 53 of 87 The noise generated by mineral extraction will depend partly on the operation itself and partly on atmospheric and environmental conditions. Low cloud cover and wind direction, for example, can significantly alter noise levels. To meaningfully mitigate the impact of their operations, mining applicants should be required to take the following actions as deemed necessary in the review process:

 Select equipment that generates minimal noise  Build berms to buffer adjacent property  Use stockpiles as berms (if visually acceptable)  Enclose equipment  Use appropriate setbacks  Use arterial roads that are away from noise-sensitive land uses  Reduce operations during adverse atmospheric conditions  Limit hours of operation

These and other measures that may be required as conditions of approval are aimed at reducing the noise at the source, buffering the noise, and protecting noise-sensitive uses.

An operation that requires blasting should observe strict noise standards and additional noise monitoring should be required. (See Blasting).

GOAL:

TO ASSURE THAT NOISES GENERATED BY MINING OPERATIONS WILL BE HELD TO ACCEPTABLE LEVELS, AND TO BUFFER AND PROTECT NOISE-SENSITIVE USES, RECOGNIZING THAT THE PEACE AND QUIET OF THE COUNTY IS AN AMENITY TO BE PRESERVED

POLICIES:

1. Applications must incorporate noise abatement and buffering techniques that preserve the County's quality of life.

2. Applications should be discouraged for areas where noise would lower the quality of life (such as very quiet residential areas).

3. Urban areas, with all their attendant background noises, should be protected from noise volumes that exceed state standards.

4. Before mining begins, ambient (existing) noise levels should be measured on site, and at noise-sensitive locations near the site, by an independent professional acceptable to the County. A program for periodic monitoring should be incorporated in the operational plan.

5. Mining operations should be designed to restrict noise impacts to acceptable levels, including, but not limited to enclosing equipment, limiting operations in adverse atmospheric conditions, and tailoring permitted noise levels to hours of operation.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 54 of 87 6. Additional steps to buffer sensitive uses from the noise generated should include, but not be limited to, building berms, using stockpiles as berms, increasing setbacks, and limiting truck trips to specified roadways and travel times.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 55 of 87 BLASTING

Blasting is one of the most emotionally-charged extraction issues. Nearby residents and property owners fear property damage and injury from ground vibrations, airblasts, and flyrock. They also want protection from less dramatic, yet still-significant annoyance caused by the sound or vibration of mining blasts.

The typical mining blast is actually a series of very small explosions. Compared to a single blast, a sequence of small, closely-timed explosions improves the effectiveness of the blast, and significantly reduces off-site ground and air vibration.

STANDARDS

The U.S. Bureau of Mines has studied the effects of blasting. Much of the Bureau's work was examining the impacts of blasting on residential structures. The Bureau's studies have produced the most widely-used standards. Several states, including Wisconsin and Pennsylvania, have used these studies as the basis for blasting regulations.

The Bureau's most recent report on ground vibration, “Structure Response and Damage Produced by Ground Vibration from Surface Mine Blasting” analyzed the differences between houses exposed to vibration from mining blasts and those not exposed. The report also analyzed ground vibration thresholds that produced no more damage than a building might sustain from no blasting at all. Depending on the type of construction, the safe velocity of ground motion was 0.5 - 2.0 inches/second. In a conversation with the report's primary author, David Siskind, it was suggested that maintaining a ground­motion velocity of no greater than 0.5 in/sec is a reasonable standard.

The Bureau has a companion report on airblast impacts called “Structure Response and Damage Produced by Airblast from Surface Mining.” The report sets a safe range for maximum airblast levels at 105 - 134 decibels. The level changes with the type of blasting system. The levels are set to prevent structural damage and are significantly higher than those set out in state statute (see Noise Chapter X).

Both reports discuss the human response, going beyond a discussion of rattling windows and cracked walls. Both reports acknowledge that blasts within the standards are strong enough to be perceived. From survey results, the reports predict “90 to 95 percent annoyance acceptability,” but admit that the reaction will vary with the public-relations efforts of the mining operator and the perception that the blasting is a necessary part of a socially or economically beneficial activity. In other words, these standards are sufficient to reduce the possibility of structural damage, but are permissive enough to tolerate some impacts of blasting.

The reports focus on residential structures, but other structures, uses, and activities must also be considered and protected. Wells, for example, are very sensitive to ground vibration. Conditions applied to a blasting plan should incorporate well monitoring and protection. Negative impacts on other land uses (public parks, for example) should also be assessed.

Finally, the reports add that other variables will affect the impact of the blast. Wind direction, temperature inversion, and blast direction will affect the sound and level of airblast, as will charge weight, delay and confinement, and distance. All these factors should be considered in developing a blasting program to be included in an application.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 56 of 87 GOAL:

TO PREVENT STRUCTURAL DAMAGE AND ANNOYANCE, AND TO PROTECT THE QUALITY OF LIFE IN AREAS NEAR MINING OPERATIONS THAT REQUIRE BLASTING

POLICIES:

1. Operations that require blasting must take into account the potential for annoyance and disruption of the quality of life, as well as, damage to structures. In addition to meeting industry standards, mitigation measures must go beyond what is necessary to guarantee structural safety.

2. Structures, wells, and other sensitive features, plus areas and activities near the operation, should be identified through the application process for pre-blast inspection. The inspection will provide baseline information should a blast cause structural damage or other disruption.

3. Blasts shall be limited to specified times and atmospheric conditions according to an approved blasting plan.

4. The first blast will be monitored by appropriate seismic and noise measurements at sensitive locations specified in the application process. The blasting program will be adjusted as necessary to eliminate structural damage or unacceptable annoyance associated with blasting.

5. An application, that requires blasting, shall be given only conditional approval pending a determination of the impacts of the first blast and pending any necessary changes in the blasting program.

6. Appropriate seismic monitoring shall be required for all blasts.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 57 of 87 OPEN SPACE, PARKS, AND RECREATION

OPEN LANDS

Douglas County has identified open-land opportunities through its Master Plan. Primarily, two methods have been used to secure open lands in the County. The first method, by way of the land development process, has been the most fruitful thus far. Many of the County's large-scale urban projects include open-space dedication requirements. Most notably, the Highlands Ranch Planned Development includes a conservation area, much of which is to be preserved as open space.

Private acquisition, the second technique for preserving open space, has had some success. Both the Douglas County Land Conservancy and Colorado Open Lands have actively increased the County's open lands. The Pine Cliff Ranch, now in the hands of Colorado Open Lands, stands out as the most important privately held open space in the County.

Open space, preserved in perpetuity, can shape Douglas County's urban-development pattern, define community boundaries, safeguard wildlife habitat and scenic resources, and enhance the quality of life.

RECREATION

The County's open spaces include active recreation areas, as well as, pristine wilderness and undeveloped ranch land. Parks and trails - the active and passive recreation resources of the County - are important open space. A park is often the focal point of a community, an important meeting place, and an important recreational asset. A park is a central gathering place for civic functions.

Trails can link parks together, provide access to open space, and offer alternatives to automobile travel. They also serve runners, walkers, bicyclists, and equestrians.

MINING IMPACT AND OPPORTUNITY

On one hand, open space and parkland adjacent to intense development (dense residential development for example) put the open space where it is needed and give access to the greatest number of users. On the other hand, intense development may disrupt the space and may detract from its scenic or recreational value.

Open space and recreation areas should be protected from disruption by intense development, including mining operations. Careful siting and control must be exercised if mining is to be permitted near these resources. Transportation, visual, wildlife, air quality, and water quality impacts must all be considered.

As discussed in the land use chapter, mining may provide opportunities for open-space preservation. A mined, well-restored site may be ideally preserved as open space. Full review of the final land use plan must consider the open space or recreation potential of the site.

GOAL:

TO PROTECT THE COUNTY'S OPEN LANDS AND RECREATION RESOURCES FROM THE

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 58 of 87 POTENTIALLY NEGATIVE IMPACTS OF MINING, AND TO ENSURE THAT APPROVED EXTRACTION PLANS RECOGNIZE AND CONTRIBUTE TO OPEN SPACE VALUES

POLICIES:

1. Mining operations shall be reviewed for their impacts on the County's open space, including, but not limited to, impacts on wildlife, scenic resources, noise levels, air quality, and water quality.

2. Natural topography, buffers, berms, and other screens should be used to mitigate the visual impacts of mining operations on open space and recreation areas.

3. Where the operation would be visible from designated open space areas, mining should be discouraged.

4. Mineral extraction applications will be referred to the Parks and Open Space Division and the Open Space Advisory Board for recommendations related to approved parks and open space plans and possible open space benefits that may be considered for end use.

5. Applicants should be encouraged to consider dedicating land to the County or to a suitable management organization (i.e. a land conservancy or land trust) for appropriate long-term preservation as open space when mining is completed.

6. Open space benefits of the end use shall not be used to justify an application that is otherwise unacceptable.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 59 of 87 VISUAL IMPACT

Visual impact is among the most important issues associated with mining operations and among the most difficult to resolve. The County's panoramic vistas, spanning miles, are readily altered by development. Unnatural changes in the landscape are highly visible in Douglas County where trees and shrubbery cannot adequately screen apart incompatible land uses. Visual impact is an important issue in the County, and applicants and citizens must all work together to reach acceptable solutions.

Visual impact is an issue throughout the life of a mining operation and remains an issue long after some operations terminate. The applicant should be required to address visual impact from the outset, and should seek to improve the site's visual effects. If thorough visual-impact mitigation is required and implemented at the outset, much of the operation can be satisfactorily screened.

Site access often requires road improvements that permanently alter the landscape. Road cuts potentially have negative visual impacts. Any changes to the landscape caused by an operation, including access roads, operational facilities, excavations, and site restoration, will be evaluated for visibility.

Visual impact is not currently addressed in the reclamation plan review at the State level. The County retains the jurisdiction for assessing visual impacts and addressing them in the review of mining applications. Because the County cannot rely on the reclamation plan review to address visual impact, the County itself must thoroughly address all aspects of visibility.

COMPONENTS OF VISUAL IMPACT

Three variables in the mining operation relate to visual impact:

Duration - briefest possible Extent - smallest possible land area Exposure - time fewest possible viewers

Duration of visibility is a legitimate concern. Visibility duration of a matter of months is fundamentally different from a duration of dozens of years. The applicant must submit an operational plan that reduces visibility to the shortest time possible. The project should be phased so that the site's natural features help screen the operation. The applicant should add landscaping and berms as needed to screen the project. Stockpiles should be of a size, and location to have minimal visual impact.

The extent of visibility, the second variable, should reflect a commitment to leave as little of the operation exposed as possible. Concurrent site restoration should be required to reduce the amount of land disturbed, and thereby reduce the operation's visibility.

Finally, the exposure of the operation should be considered. Mining exposed to many observers requires special attention to screening and to concurrent restoration throughout the life of the operation.

OUTSTANDING VISUAL RESOURCES

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 60 of 87 The review of mining-operation applications demands more than a consideration of the visibility of the project; it requires consideration of the scenic value of the site itself. Douglas County's visual resources along the Front Range are very special and their natural beauty and picturesque settings should be protected from the negative impacts of mining. Applications to mine sites of outstanding scenic quality should be discouraged.

END USE

The final, approved land use plan should also be sensitive to the site's visual quality. The end state should be compatible with the surrounding areas.

GOAL:

TO ENSURE THAT THE COUNTY'S VISUAL BEAUTY IS PROTECTED DURING MINING OPERATIONS; THAT MINE SITES ARE RESTORED TO VISUALLY-ACCEPTABLE END USES; AND THAT THE COUNTY'S OUTSTANDING VISUAL RESOURCES ARE PROTECTED

POLICIES:

1. Operational plans shall minimize visual impact of the mining operation by reducing the following:

Duration - briefest possible Extent - smallest possible land area Exposure - time fewest possible viewers

2. Mining operations, facilities, and equipment shall be sited where they are least visible.

3. Natural topography, berms, landscaping, and other buffers should be used to screen mining operations and stockpiles in visible areas.

4. The visual impact of stockpiles should receive special attention. Special conditions may be imposed to screen stockpiles and limit their size.

5. Access roads should be sited and constructed in ways that minimize negative visual impacts.

6. Mining operations shall be phased to reduce the amount of the site disturbed at any one time.

7. The visibility of highwalls should be reduced by backfilling, acid-etching, or other techniques as may be necessary.

8. Applications should be discouraged for mine sites in areas of outstanding scenic quality such as the eastern foothills.

9. The mine site shall be restored to a desirable end state that is compatible with the surrounding area.

10. Site restoration should be concurrent with mining.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 61 of 87 RECLAMATION

Mineral extraction is not a permanent land use in the same sense that housing development or downtown office development is permanent. Minerals are extracted, and the site is reclaimed. In Colorado, authority over reclamation is retained by the State through the Reclamation Act administered by the Mined Land Reclamation Division (MLRD). Local governments retain land use authority over mining operations (see Legal Considerations).

The line between local land use control and state-controlled reclamation may be clarified by exploring the aspects of traditional land use authority. Counties, despite having authority delegated only by statute, have powers to govern land use. The issues raised in this plan include traditional land use issues as follows:

 Land use compatibility  Quality of life  Transportation  Air quality  Water quality  Visual impact  Noise impact  Wildlife impact

These issues are rightfully within the purview of local governments to regulate land use. Local authority over land use will be exercised by Douglas County in all phases of a project.

The MLRD is concerned with reclamation only as defined in State statute. The definition includes “disruption from the mining operation... establishment of plant cover, stabilization of soil, the protection of water resources, or other measures appropriate to the subsequent beneficial use of... affected lands.” C.R.S. 34-32-103(13).

DOUGLAS COUNTY'S ROLE IN SITE RESTORATION

Douglas County's land use authority to approve or deny mining also extends to approve or deny interim and final land uses, with full consideration of the impacts and issues addressed in any land use application. Douglas County will review all plans for the full range of land use impacts, both on and off site, including, but not limited to, land use compatibility, visual impact, wildlife impact, air and water quality, etc. County review and approval of the land uses during mining itself and during the post-mining phase are essential parts of local land use authority.

The County has a land use role in concurrent site restoration. The County's land use jurisdiction extends to reducing erosion and reducing visual impact. To meet these and other goals, concurrent site restoration is necessary. The County expects the applicant to develop interim grading, contouring, drainage, and revegetation plans as a matter of course. To ensure compliance, the County will periodically conduct a site review. The County will also impose phasing restrictions that limit the land area disturbed at any one time by the mining operation.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 62 of 87 The County's role in land use and other impacts requires that site restoration practices be examined. For example, to simply stabilize the site may be insufficient in terms of good land use policy. To adequately address land use, environmental, visual, and other impacts, extensive site work, including contouring, revegetation, backfilling, buffering, or other remedies may be necessary. The issue is not simply reclamation alone, but local jurisdiction over land use, environmental concerns, and visual impacts.

Balancing local land use authority and reclamation authority requires cooperation and coordination among the applicant, the County, and the MLRD. Ideally, no reclamation plan is approved until the requirements of each level of government are met. The State's review and the County's review should coincide, as each level uses its process to support the concerns raised by the other. The County should bring all necessary influence to bear on the review of reclamation plans at the State level to ensure that local concerns are incorporated in MLRD approvals.

GOAL:

TO GUARANTEE THAT LOCAL LAND USE AUTHORITY IS ASSERTED OVER ALL MINING- RELATED, LAND USE PLANS AND THAT SITE RESTORATION IS COMPATIBLE WITH LOCAL LAND USE GOALS

POLICIES:

1. The County will work closely with the Mined Land Reclamation Division to ensure that local land use concerns are addressed in reclamation permit hearings and incorporated in MLRD approvals.

2. The County will work closely with the Mined Land Reclamation Division to coordinate monitoring and enforcement of approved reclamation plans.

3. In exercising its land use authority, the County will review all mining-related, land­use plans and will address all associated impacts.

4. To reduce negative visual, environmental, and other impacts, mining operations should be phased to restrict the size of the land area disturbed at any one time.

5. The County's review will extend to the local land use impacts of site-restoration methods.

6. Concurrent grading, contouring, drainage, and revegetation are parts of a phased mining operation, and plans for each part shall be integral parts of the mining application.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 63 of 87 IMPLEMENTATION

The Douglas County Master Plan, including this mineral extraction plan, is a comprehensive statement of long-range development policy. The Master Plan should be an applicant's first source of information about the County's concerns and review criteria. Those criteria will be the basis for new regulations. The regulations reinforce the plan and give applicants, elected officials, and citizens clear indications of the requirements to be applied to an application.

County staff will use both the plan and the regulations to review mineral extraction applications and to make recommendations to elected officials.

AFTER PLAN ADOPTION

The mineral extraction plan is not an end in itself. The actions the County takes to implement the policies outlined in the preceding chapters are as critical as any of the policies themselves. Adopting the plan should trigger the following series of actions by the County:

 Revise the zoning resolution to incorporate use-by-special-review criteria specific to extraction applications  Explore methods to encourage dialogue between an applicant and citizens as early as possible in the application process  Adopt an intergovernmental agreement with the towns to guide land use decisions  Draft and lobby for changes in the Reclamation Act  Develop revenue sources to address ongoing impacts and to assess the cost of capital improvements necessitated by extraction operations

DOUGLAS COUNTY ZONING RESOLUTION

Mineral extraction applications are currently reviewed as a use by special review in the Agricultural One zone district, or as a Planned Development. These processes allow county officials to judge the merits of each application on a case-by-case basis. Each case also allows conditions to be attached to an approval so that the concerns of county residents and officials, and agreements made with the applicant, can be enforced. Because of the far-reaching impacts of extraction applications and the wide variation in size, scope, location, and duration of mining operations, the case-by-case review is appropriate.

The zoning resolution includes nine general criteria that apply to all uses by special review. The County should continue to use the special-review process but should also develop additional review requirements and criteria that specifically address all mining applications. Policies in this plan should form the basis for new requirements and amended regulations.

PUBLIC INPUT

Implementation is in part the responsibility of applicants and of the extraction industry. The language of the plan suggests a direct responsibility on the part of an applicant to be a problem solver. Applicants must be proactive in exploring problems and looking for solutions. The plan does not envision a take-it-or-leave-it approach; many of the policies call for customizing the operation to its individual setting and circumstances. An applicant is expected to disclose all

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 64 of 87 known aspects of the operation and is also expected to be available to discuss and exchange information with area residents, landowners, and business people.

The plan is intended to involve the citizens of the County, through homeowner associations and business groups, and as individuals, to participate meaningfully in the decision-making process.

RELATIONSHIP WITH THE TOWNS

The residents of the Towns are residents of the County. The protection afforded residents of the unincorporated areas of the County must extend to the residents of the Towns as well. Clearly, the impacts of a mineral extraction operation are not limited to the unincorporated areas. Approval of an extractive use near one of the Towns will undoubtedly affect Town residents and infrastructure. The County must weigh carefully how its land use decisions affect incorporated areas and must account for impacts in the application-review process.

Other jurisdictions are given the opportunity to comment on a county application during the referral period that precedes the formal hearing. The County should work with the Towns to ensure that the referral process effectively incorporates their interests and gives them a voice in their County's decision making.

The Towns and the County are also negotiating an intergovernmental agreement to address land use issues. The agreement may clarify the circumstances for referral review and may improve cooperation among the jurisdictions. Additional agreements may follow to address specific issues, including mineral extraction issues. The County and Towns are encouraged to work toward intergovernmental agreements to improve land use planning, and to address service provision and impact mitigation.

RELATIONSHIP WITH MINED LAND RECLAMATION BOARD AND DIVISION

The County shares jurisdiction over mineral extraction applications with the Mined Land Reclamation Division (MLRD). The MLRD approves and enforces reclamation plans under the Reclamation Act (see Legal Considerations); whereas, the County maintains land use jurisdiction over those same operations. Reclamation issues and land use issues are difficult to separate. The MLRD focuses on soil stabilization, but reclamation is concerned about a great deal more than stabilization. It is about end-state land uses, visual impact, and phasing.

At present, the Reclamation Act does not require County land use approval prior to MLRD permit approval. The Act requires only that an applicant assure compliance with County regulations and a County Mineral Extraction Plan. The Act also prohibits political subdivisions from issuing a reclamation permit, and from requiring reclamation standards different from those established in the Act.

The County should have a role in all aspects of reclamation. The applicant should include County recommendations in reclamation plans, and the MLRD should incorporate local concerns in plan approvals. Amendments to reclamation plans should also incorporate local review and approval. And most importantly, state statutes should be amended to require local approval of operational plans, reclamation plans, and reclamation plan amendments prior to, or concurrent with, MLRD review and approval. The County should join with other counties to draft, sponsor, and lobby for approval of these changes to the Reclamation Act.

The existing Reclamation Act should not stand as a barrier to a better working relationship

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 65 of 87 between the County and the Mined Land Reclamation Division (MLRD). The County's staff and citizens and the MLRD staff should work hand-in-hand to review reclamation applications. The County should work closely with the MLRD to ensure that local concerns are addressed in the review process and, moreover, that local groups play an active role in providing recommendations to the MLRD.

REVENUE

Impact Fees

The County is currently laying the groundwork for adoption of impact fees. The fee system is envisioned as the means of making new growth pay its own way. Through a fair and equitable fee, new development will pay the cost of the capital facilities it requires. Road-impact fees are the most often discussed. The County's Transportation Plan, which covers the incorporated as well as the unincorporated areas, is an important input to the County's Capital Improvements Plan (CIP). The CIP focuses heavily on road needs and will form the basis for a road-impact fee system. Given the severity of road impacts associated with mineral extraction, the system should be used to assess approved projects for their road impacts.

The impact-fee system will incorporate the costs of other capital facilities as well. Mining applications, like any land use application, will be subject to the fee system. This procedure will give applicants a clear, up-front indication of the costs associated with the application, and will provide the County with revenue to make capital improvements necessitated by the operation. An impact-fee structure will aid the County in addressing mineral extraction impacts, and will help implement the policies in this plan.

Monitoring and Enforcement

In addition to other costs generated by new operations, special monitoring requirements that may be imposed as a condition of approval should include the financial responsibility of the applicant. An operator, who is not in compliance with standards and conditions of approval, should bear the cost of additional monitoring and enforcement. An operator, however, who is found to be in compliance with standards and conditions of approval, should not have to suffer the financial burden of additional monitoring that results from unfounded complaints.

Ton Tax

The State of Colorado does not authorize counties to assess and collect a tax on the extraction of aggregate. A tax levied on each ton extracted is an ideal revenue source to meet the ongoing costs associated with a mining operation. The County should explore the benefits of a severance tax on aggregate extraction and join with other counties to secure State approval of a tax.

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AGGREGATE - Any of several hard, inert materials, such as sand, gravel, slag, or crushed stone, used for mixing with a cementing or bituminous material to form concrete, mortar, or plaster.

ALKALIC FELDSPAR - A group of feldspars containing alkali metals but little calcium.

ALLUVIAL - Said of a placer formed by the action of running water, also said of the valuable mineral associated with an alluvial placer.

AMPHIBOLE - A group of dark rock-forming ferromagnesian silicate minerals, closely related in crystal form and composition.

AMPHIBOUTE - A rock consisting mainly of amphibole and plagioclase with little or no quartz.

ANDESINE - A mineral of the plagioclase feldspar group.

AQUIFER - A body of rock that is sufficiently permeable to conduct groundwater and to yield economically significant quantities of water to wells and springs.

COMMERCIAL MINERAL DEPOSIT - As defined in §34-1-302 C.R.S. - A natural mineral deposit of limestone used for construction purposes, coal, sand, gravel, and quarry aggregate, for which extraction by an extractor is or will be commercially feasible and regarding which it can be demonstrated by geologic, mineralogic or other scientific data that such deposit has significant economic or strategic value to the area, state, or nation.

ARGILLACEOUS - Pertaining to, largely composed of, or containing clay-size particles or clay minerals.

ARKOSE - A feldspar-rich sandstone, typically coarse-grained and pink or reddish.

BEDROCK - A general term for rock, usually solid, that underlies soil or other unconsolidated, superficial material.

BIOLOGICAL OXYGEN DEMAND (Biochemical oxygen demand) - The amount of oxygen, measured in parts per million, that is removed from aquatic environments rich in organic material by the metabolic requirements of aerobic microorganisms.

BIOTITE - A widely distributed and important rock-forming mineral of the mica group.

BRECCIA - A coarse-grained clastic rock, composed of angular broken rock fragments held together by a mineral cement or a fine-grained matrix.

CAPROCK - Barren rock material overlying a mineral deposit which must be removed prior to mining.

CHERT - A hard, extremely dense or compact, dull to semi-glassy, microcrystalline sedimentary rock. The term flint is essentially synonymous.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 81 of 87 CLASTIC - Pertaining to a rock or sediment composed principally of broken fragments that are derived from preexisting rocks or minerals and that have been transported some distance from their places of origin.

CLAYSTONE - A hardened clay having the texture and composition of shale, but not as easily split.

CONGLOMERATE - A coarse-grained clastic sedimentary rock, composed of rounded to subangular fragments larger than 2 mm in diameter set in a fine-grained matrix of sand or silt, and commonly cemented by calcium carbonate, iron oxide, silica, or hardened clay.

CREEP - The slow, more or less continuous downslope movement of mineral, rock, and soil particles under gravitational stresses.

CRYSTALLINE - Said of rock consisting wholly of crystals or fragments of crystals. The term may also be applied to certain sedimentary rocks composed entirely of contiguous crystals.

DEBRIS-AVALANCHE - The very rapid and usually sudden sliding and flowage of incoherent, unsorted mixtures of soil and weathered bedrock.

DIKE - A tabular igneous intrusion that cuts across the bedding or foliation of the host rock.

DOLOMITE - A common rock-forming mineral composed of calcium, magnesium, and carbonate.

EARTHFLOW - A mass-movement landform and process characterized by downslope translation of soil and weathered rock over a discrete basal shear surface (landslide) within well-defined lateral boundaries.

EOLIAN - Pertaining to the wind; esp. said of such deposits of loess and dune sand, of sedimentary structures such as wind-formed ripple marks, or of erosion and deposition accomplished by the wind.

EPOCH- The formal geochronologic unit longer than an age and shorter than a period, during which the rocks of the corresponding series were formed.

ERA - The formal geochronologic unit next in order of magnitude below an eon, during which the rocks of the corresponding erathem were found.

ERATHEM - The formal chronostratigraphic unit next lower than eonothem and higher than system.

EROSION - The general process or the group of processes whereby the materials of the Earth's crust are loosened, dissolved, or worn away, and simultaneously moved from one place to another by natural agencies.

ESCARPMENT - A long, more or less continuous cliff or relatively steep slope facing in one general direction, breaking the continuity of the land by separating two level or gently sloping surfaces, and produced by erosion or by faulting.

EXPANSIVE SOILS - Soils that undergo relatively large volume changes with changes in moisture content.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 82 of 87 FAULT - A fracture or a zone of fractures along which there has been displacement of the sides relative to one another parallel to the fracture.

FAULT BRECCIA - A breccia composed of angular fragments resulting from the crushing, shattering, or shearing of rocks during movement on a fault.

FELDSPAR - A group of abundant rock-forming minerals that includes plagioclase and orthoclase.

FLOODPLAIN - Any flat or nearly flat lowland that borders a stream and that may be covered by its waters at flood stages.

MINERAL RESOURCES - Potential commercial mineral deposits limited to account for development and institutional constraints which might reasonably be anticipated to preclude extraction.

MINERAL RESOURCE MAP - The map within the MEP depicting areas of potential mineral deposits.

FRIABLE - Said of soil consistency in which moist soil crushes easily under gentle to moderate pressure and coheres when pressed together.

GNEISS - A foliated rock formed by regional metamorphism, in which bands of granular minerals alternate with bands in which minerals having flaky or extended prismatic appearance predominate.

GRANITE- Broadly applied, any entirely crystalline, quartz-bearing igneous rock formed at great depth.

HORNBLENDE - The commonest mineral of the amphibole group.

ICE AGE - A time of extensive glacial activity.

LANDSLIDE - A general term covering a wide variety of mass-movement landforms and processes involving the downslope transport, under gravitational influence, of soil and rock material en masse.

LIGNITE - A brownish-black coal that is intermediate in coalification between peat and subbituminous coal.

LIMESTONE - A sedimentary rock consisting chiefly of calcium carbonate.

LITHOLOGY - The physical character of a rock.

LOESS - A widespread, homogeneous, commonly nonstratified, porous, friable, slightly coherent, usually highly calcareous, fine-grained blanket deposit, consisting predominantly of silt with subordinate grain sizes ranging from clay to fine sand.

METAMORPHIC ROCK - Any rock derived from pre-existing rocks by mineralogical, chemical, and/or structural changes in response to marked changes in temperature, pressure, shearing stress, and chemical environment, generally at depth in the Earth's crust.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 83 of 87 MIGMATITE - A composite rock composed of igneous or igneous-appearing and/or metamorphic materials.

MINING OPERATION - An inclusive term referring to all aspects of extraction, including excavation, batching and processing, stockpiling, transporting, etcetc.…

MONOCLINE - A local steepening in an otherwise uniform gentle dip.

MUDSTONE - A hardened mud having the texture and composition of shale, but not as easily split.

MULTIPLE-SEQUENTIAL USE - A series of productive land uses engaged in one after another.

ORTHOCLASE - Potassium feldspar. A common mineral in igneous and metamorphic rocks.

PEGMATITE - An exceptionally coarse-grained igneous rock.

PERIOD - A term used informally to designate a length of geologic time.

PERMEABILITY - The property or capacity of a porous rock, sediment, or soil for transmitting a fluid.

PHYSIOGRAPHY - A description of the surface features of the Earth.

PIEDMONT - An area, plain, slope, glacier, or other feature at the base of a mountain.

PLACER - A surficial mineral deposit formed by mechanical concentration of mineral particles from weathered debris.

PLAGIOCLASE - Calcium sodium feldspar. A common mineral in igneous and metamorphic rocks.

PORPHYRIC - Said of the texture of an igneous rock in which larger crystals are set in a finer grained groundmass, which may be crystalline or glassy or both.

PRECAMBRIAN - All geologic time, and its corresponding rocks, before the beginning of the Paleozoic.

PYRITE - A common, pale-bronze or brass-yellow mineral composed of iron and sulfur.

PYROCLASTIC - Pertaining to clastic rock material formed by volcanic explosion or aerial expulsion from a volcanic vent.

QUARTZ - Crystalline silica, an important rock-forming mineral.

QUARTZITE - A metamorphic rock consisting mainly of quartz and formed by recrystallization of sandstone or chert by either regional or thermal metamorphism.

RADON - A radioactive, clear, odorless gas which occurs naturally in rocks and soils.

RECHARGE AREA - An area in which water is absorbed that eventually reaches the zone of saturation in one or more aquifers.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 84 of 87 REFRACTORY CLAY (Fireclay) - A siliceous clay rich in hydrous aluminum silicates, capable of withstanding high temperature without deforming.

REGRESSION ANALYSIS - A statistical technique applied to paired data to determine the degree or intensity of mutual association of a dependent variable with one or more independent variables.

REGRESSION, LINEAR - The best fit of a straight line to the empirical relation between a dependent and an independent variable.

REVERSE FAULT (Thrust Fault) - A fault with a dip of 45 degrees or less over much of its extent, on which the hanging wall appears to have moved upward relative to the footwall.

RHYOLITE - A group of volcanic rocks, typically fine-grained and commonly exhibiting flow texture.

ROCKFALL- The relatively free-falling or precipitous movement of a newly detached segment of bedrock of any size from a cliff or other very steep slope.

ROCKSLIDE - A slide involving a downward and usually sudden and rapid movement of newly detached segments of bedrock sliding or slipping over an inclined surface of weakness.

SANDSTONE - A medium-grained clastic sedimentary rock composed of abundant rounded or angular fragments of sand size set in a fine-grained matrix and more or less firmly united by a cementing material.

SEDIMENT - Solid material that has settled down from a state of suspension in a liquid.

SERIES - Any number of rocks, minerals, or fossils having characteristics, such as growth patterns, succession, composition, or occurrence, that make it possible to arrange them in a natural sequence.

SHALE - A fine-grained sedimentary rock, formed by the consolidation of clay, silt, or mud.

SHEET EROSION - Erosion that occurs when rain washes away a thin layer of topsoil.

SILICA - The chemically resistant dioxide of silicon.

SILTSTONE - A hardened silt having the texture and composition of shale but not as easily split.

SLURRY - A highly fluid mixture of water and finely divided material.

SPLAY - One of a series of minor faults at the extremities of a major fault.

STRUCTURAL BASIN (Basin) - A depressed area with no surface outlet.

SURFICIAL GEOLOGY (Surface Geology) - Geology and correlation of rock formations, structures, and other features as seen at the Earth's surface.

SYSTEM - The formal chronostratigrapic unit of rank next lower than erathem and above series.

TALUS - Rock fragments of any size or shape derived from and lying at the base of a cliff or very steep, rocky slope.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 85 of 87 TERRACE (Soil) - A large bench or step-like ledge breaking the continuity of a slope.

THRUST FAULT - See Reverse Fault. TUFF - A general term for all consolidated pyroclastic rocks. WEATHERING - The destructive process or group of processes by which earthy and rocky materials on exposure to atmospheric agents at or near the Earth's surface are changed in color, texture, composition, firmness, or form, with little or no transport of the loosened or altered material. WELDED GLASS SHARDS (Welded Tuff) - A glass-rich pyroclastic rock that has been hardened by the welding together of its glass shards under the combined action of the heat retained by particles, the weight of overlying material, and hot gases. WETLANDS - A general term for a group of wet habitats, in common use by specialists in wildlife management.

Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 86 of 87 Amendment to Mineral Extraction Plan - DRAFT Project No. DR2016-001 Redline version, Jan 10, 2018, Page 87 of 87