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Page 4 <br />Aug 8, 2008 <br />Daniels Sand Pit #2 <br />Plant operation that was located on Fountain Creek west of this site and reclaimed many years ago, <br />the post attrition density was still over 100 trees per acre, but the texture of the sediment basins <br />there contained much more clay than is present at Daniels. In essence, this is one of those aspects <br />in reclamation plans that can't be predicted with any degree of reliability and must be approached <br />with adaptive management. That is, the management response to changes between the pre- <br />reclamation condition and the post-reclamation condition must be based upon what the site itself <br />indicates is sustainable. Clearly, as past experience has shown, trees, shrubs, and grasses and even <br />some wetland species can be supported on sediment basins simply because of the texture and depth <br />of the medium. But overloading the site with supplemented trees and shrubs is as <br />counterproductive as accepting a level of growth that clearly is well below the holding capacity as <br />indicated by plant growth characteristics. It is the holding capacity that simply cannot be predicted <br />and therefore an adaptive management approach is most appropriate. <br />Exhibit H - Wildlife Information: for a response to this matter please see item later under Responses to Letters <br />from Other Agencies. <br />Exhibit S - Permanent Man-Made Structures: <br />Response: Attached are two documents regarding this issue. One is an additional page titled "Contract <br />Addendum" that addresses the land trade between Continental Materials and the Johnson Family <br />Trust. This addendum mainly addresses the closing of the trade agreement and pertains more to the <br />legal right to enter the parcel called the J Property in the plan. Also included is a signed agreement <br />wherein Continental Materials agrees to be responsible for any damages to the Johnson property <br />within 200 feet of the affected land if the damages are caused by the mining operation. <br />Responses to Letters from Other Agencies: <br />Colorado Division of Wildlife - The DOW expressed a concern over the loss of the large cottonwood trees <br />on the site and asked that those be replaced. It needs to be understood that there is only one reason those trees are <br />present within the affected land and that is because of the Fountain Mutual Ditch. If that ditch was not there or was <br />lined such that leakage did not occur, those trees would not be present. It is true that these trees are quite old and <br />possibly do provide an important nesting, roosting, and hunting perch value. But even if the ditch was not relocated <br />and was only lined to conserve water those trees would probably die. The fact is, those trees are growing on top of <br />90 to 100 feet of sand that, without leakage from the ditch, would not support any growth other than grasses. Trees <br />are not native to this site. <br />However, as described in the plan, the sediment basins will provide an new, albeit somewhat artificial habitat for <br />trees with greater cover than the current few large trees along the ditch provide. As described above, even if the <br />holding capacity of the sediment basins is as low as about 50 trees per acre, that is far more tree cover than is present <br />on the site and those trees will be growing in a new soil environment that, without additional water from ditch <br />leakage, will sustain their growth. It will be sad to see these old cottonwoods along the ditch go, but without the <br />relocation of the ditch that currently sustain them, the plans for the east side of Academy Boulevard become <br />impossible to implement. But in recognition of this loss, the operator will be replacing that loss at a rate far greater <br />than a 3:1 ratio. Currently, tree density along the ditch amounts to only a couple of trees per acre, at best. The <br />sediment basins will create at least 25 times the density of the current density over a much larger area. In short, the <br />avian habitat will be improved many times over what is currently present and the current grassland habitats will be <br />replaced as well. In addition to the sediment basin tree and shrub development, moist areas on the pit bottom will <br />very likely be invaded by cottonwood and/or willow. This has already occurred in some locations where former <br />mining was done, but the mining is not yet finished or the elevation is as low as it will be when the mining is <br />completed.