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Reclamation of sensitive habitats at aggregate mining sites in Colorado

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Title:
Reclamation of sensitive habitats at aggregate mining sites in Colorado
Creator:
Clement, Lisa
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Language:
English
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xxiv, 155 leaves : col. ill., col. maps ; 28 cm.

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Subjects / Keywords:
Aggregate industry -- Colorado ( lcsh )
Abandoned mined lands reclamation -- Colorado ( lcsh )
Habitat conservation -- Colorado ( lcsh )
Abandoned mined lands reclamation ( fast )
Aggregate industry ( fast )
Habitat conservation ( fast )
Colorado ( fast )
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bibliography ( marcgt )
theses ( marcgt )
non-fiction ( marcgt )

Notes

Thesis:
Thesis (M.L.A.)--University of Colorado Denver, 2011.
Bibliography:
Includes bibliographical references (leaves 151-155).
General Note:
Department of Landscape Architecture
Statement of Responsibility:
by Lisa Clement.

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University of Colorado Denver
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Auraria Library
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All applicable rights reserved by the source institution and holding location.
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785823979 ( OCLC )
ocn785823979

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RECLAMATION OF SENSITIVE HABITATS AT AGGREGATE MINING SITES IN COLORADO by Lisa Clement B .A., Washington State University 1992 B.F A., Washington State University 1992 A thesis submitted to the University of Colorado Denver in partial fulfillment of the requirements for the degree of Master of Landscape Architecture 2011

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2011 by Lisa Clement All rights reserved.

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This thesis for the Master of Landscape Architecture by Lisa Clement has been approved by Charles A Chase, Chair Robert W Micsak

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Clement, Lisa Lynn (M.L.A. Landscape Architecture) Reclamation of Sensitive Habitats at Colorado Aggregate Mining Sites Thesis directed by Senior Instructor Charles A. Chase ABSTRACT The most commonly practiced form of mining is aggregate extraction the removal of sand and gravel for construction and landscape uses. Aggregate resources are found in riparian habitats and the resulting disturbance and loss of habitat caused by gravel extraction prompted research into post aggregate mining reclamation requirements in Colorado and was driven by the following question: Are current reclamation requirements for post-mining aggregate sites adequate in addressing ecological system rehabilitation and human interaction in the post-mining site? In addition the following questions needed to be addressed to answer the first: What ethics and values are reflected in reclamation policies? What current environmental policies and requirements are in place for reclamation post aggregate mining at state and federal levels? What practices are utilized in other reclamation projects in general? What is the role of the landscape architect in the process and how can the profession address the leading question? My research is divided in two phases. A literature review was conducted covering the history of environmental ethics in relation to mining and resource conservation which revealed Western society's ethics and explained current interactions with nature. A review of environmental policy at the federal and state

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levels determined statutes and regulations in place for aggregate mining and explained reclamation requirements. Research into environmental impacts of surface mining operations and reclamation approaches practiced in a myriad of situations was also explored. This revealed the underutilized potential of the post mining site and how the landscape architect can bring about design solutions which address ecological systems and human interaction in the urban environment. The second phase presents two aggregate mining sites to illustrate implementation of minimum reclamation requirements sought after by the MLRB. Destiny Mining a proposed aggregate extraction operation in Park County and the Thornton Pit in Adams County are selected examples and aspects pit lakes vegetation zones river s edge human interaction-of each site are developed in design charettes. The charettes demonstrate the benefits of the involvement of a landscape architect in reclamation planning prior to mining activities and illuminate other value considerations which must be taken into account to create a successful post-mining landscape honoring riparian habitat rehabilitation which allows for human interaction. Research concluded that current reclamation standards are minimal thus creating "landscape cosmetics" rather than seriously addressing the reestablishment of riparian systems and/or taking the human factor into account. Gravel extraction adheres to Cartesian reductionism and resource conservation ethics of early 201h century America A landscape architect's involvement in the reclamation design process is not mandated in Colorado ergo solutions are typically engineered and meet minimum requirements set forth by the MLRB. The realm of aggregate mining reclamation offers up a world of creative design opportunities which incorporate ecological system health and human interaction

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This abstract accurately represents the content of the candidate s thesis I recommend its publication Charles A Chase

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DEDICATION This thesis is dedicated to my daughter, Natalie Lynn Clement, who is my impetus for stewardship.

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ACKNOWLEDGEMENT Acknowledging my thesis chair and committee is appropriate here. Charlie thanks for your patience with my temperament ; Ann thanks for your academic professionalism ; and Bob thank you for your input and encouragement. In addition thanks to Tom, my best friend for your moral support and assistance throughout my education. Lastly thanks to my immediate family for your love

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Figures Tables Preface Introduction CHAPTER TABLE OF CONTENTS I: ENVIRONMENTAL ETHICS XI Xlll XIV XVlll Dominant Paradigm Shifts in Environmental Thought 2 Early US Settlement and Approaches to Natural Resource Management 13 Aldo Leopold and the Land Ethic 19 A New Paradigm for Landscape Architecture ? 22 2: FEDERAL STATUTES AND REGULATIONS 26 Defining significance' in Relation to Impact: Understanding Why Aggregate Sites are Considered benign' Pertinent Federal Statutes and Recent Environmental Legislation NEPA (42 U.S.C.) Determining if an EA or EIS is Appropriate FLMPA (43 U.S C.) and Multiple Use Mining Law of 1872 Mining and Minerals Policy Act of 1970 3: THE STATE OF AGGREGATE MINING PUBLIC PERCEPTIONS AND CURRENT STANDARDS Vlll 27 30 31 33 36 36 38

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Negative Perceptions ofthe Mining Industry 40 Aggregate Mining in Colorado 42 Current Reclamation Standards and Practices 43 Colorado Legislation and Regulatory Entities 44 Colorado Revised Statute Title 34 Article 32 46 Mining Permits 48 Mined Land Reclamation Board 49 4: IMPACT ECOLOGICAL DISTURBANCE AND RECLAMATION 52 Potential Impacts of Aggregate Mining 52 Disturbance and Invasion 55 Reclamation 60 5: TWO CASE STUDIES REFLECTING IMPLEMENTATION OF MINIMUM REQUIREMENTS The Role ofthe Landscape Architect Riparian and Lentic Habitat Considerations Destiny Mining Park County Thornton Pit Adams County 6: CONCLUSION Conclusion Personal Coda lX 72 73 75 80 93 109 109 118

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APPENDIX A B SELECT ANNOTATED BIBLIOGRAPHY BIBLIOGRAPHY X 121 132 146 151

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LIST OF FIGURES Figure i.l Aggregate Mining Sites Around Fairplay Terra Server Image i.2 Abandoned Dredge Tailings Berger 4.3 Ecological Succession Chart Schneider 4.4 Gravel lakes of the Front Range Berger 4 5 Aggregate Mining along the South Platte Berger 5.6 Pit Lake and River's Edge Diagrams Clement 5.7 Destiny Mining Site No Fairplay Mine Coalition 5.8 Fairplay West Quadrangle USGS 5.9 Colorado Mineral Belt USGS 5.10 Photo Destiny Site Clement 5.11 Photo Destiny Site Clement 5.12 Photo Destiny Site Clement 5.13 Destiny Context and Identity Clement 5.14 Existing Destiny Habitat Clement 5.15 Destiny Habitat Considerations Post Mining Clement 5.16 Destiny Post Mining Pit Lake Diagrams Clement 5 .17 Destiny Recreation Post Mining Clement 5.18 Destiny Recreation Post Mining Clement 5.19 Four Phase Extraction Map Clement XI

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5.20 Geologic Strata of Thornton Pit Clement 5.21 1 00 Year Floodplain Map Clement 5.22 Photo Thornton Pit Site Clement 5 .23 PhotoThornton Pit Site Clement 5 24 PhotoThornton Pit Site Clement 5.25 Photo Thornton Pit Site Clement 5.26 PhotoThornton Pit Site Clement 5.27 PhotoThornton Pit Site Clement 5.28 Thornton Context and Identity Clement 5 29 Thornton Site Map Clement 5.30 Thornton Reclamation and Soils Clement 5 .31 Common Birds of Adams County Clement 5 .32 Garden Zones and Vegetation Clement 5 .33 Fishing Deck; Bird Watching Clement 5 34 Recreation Path and Utility Easement Clement A .35 Location Map of Destiny Mining BLM A.36 Flowchart of Gravel Processing BLM A.37 Processing Equipment Diagram BLM B.38 Thornton TRS DRMS B.39 1982 Mining Plan DRMS B.40 1982 Reclamation Plan DRMS B.41 Revised Reclamation Plan DRMS Xll

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LIST OF TABLES Table 1.1 Attitudes of Paleolithic Man 12 1.2 Attitudes of Judea-Christianity 13 1.3 Differences in Organic and Mechanistic Nature 13 1.4 US Settlement Acts 15 1.5 Attitudes ofResourcism 19 1.6 Bioand Ecocentrism 21 2.7 Environmental Legislation Timetable 27 3.8 MLRB Criteria 44 4.9 Approaches to Reclamation 70 5.10 Woody Plants Adapted to Reclamation 78 5 .11 Static Water Levels of Wells in Destiny Vicinity 83 5.12 Hodden Soil Characteristics 83 Xlll

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PREFACE "When one hears a story one takes pleasure in it for different reasons -for the euphony of its phrases, an asfect of the plot, or because one identifies with one of the characters. Although there is generally no room for casual language, anecdotes or humor in thesis writing, a thesis is an expression of the author and reflective of what the author finds important or holds dear ergo this preface. Fairplay Colorado equals home; Breckenridge Colorado equals work. The daily routine of driving from Fairplay to Breckenridge stretches 23 miles north on Colorado Highway 9. On the stretch of the Middle Fork ofthe South Platte between Fairplay and Alma, circa 9 miles, lie several highly visible mining operations South Park is unique geographically and the open expanses which meet the eyes descending Hoosier Pass are breathtaking These expansive views are enjoyed on any descent into the valley from Kenosha Pass, Red Hill Pass and Trout Creek Pass. 10, 000 ft peaks accentuate the high plains meadows which stretch for seeming miles on end The deep blue of Rocky Mountain Iris line the roadsides in early spring; brilliant red Indian Paintbrush speckle the meadows in June; varieties of Penstemon offer up hues of pink and purple in the summer; and Elephant's Head provides a wave of purple on the green grass fields in autumn. Aspen groves dot the lodgepole forest not yet completely infested or destroyed by pine beetle and provide an awe inspiring array of analogous fall colors in September. Winter provides a white blanket of snow. The landscape is truly beautiful. 1 Barry Lopez Crossing Ope n Ground (New York : Vintage Books 1989) 66. XIV

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Yet in defiant contradiction to this spectacular beauty, this landscape still reveals the effects ofthe mining booms from 160 years ago. The ri ver banks ofthe Middle Fork descending into Fairplay still reflect the erosive forces of hydraulic mining ; in places piles of gabion stand 50 ft high only 150 ft. from the roadside of Highway 9 as monuments to dredging ; and the current gravel mining operation in Alma is so large it provides the backdrop to this quirky mountain to w n When the Destiny Mining aggregate mining operation was proposed on BLM land next to the southern edge of Fairplay residential development and the Middle Fork in 2009 an independent study at UCD was taken to learn more about mining The impetus was to learn the statutes and regulations governing mining operations the history of thi s legislation and mining in the United States post-mining reclamation practices and the environmental ethics of western soci e ty That independent study led to the formation of this the s is. This then is a story ; this is a 'me-sis : me-sis : 1. A formal and lengthy research paper written in academic prose based solely on the ego of the perpetrator ; a work of original' research written in partial fulfillment of a master s degree 2. An unpro v ed statement assumed as a basis for insanity usually leading to mental breakdown X V

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Figure 1: TerraServer imag e of Fairplay and surrounding aggregate mining operations XVI ..... -...... l.1 .. 1.::.:. ........

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Figure 1 : Abandoned dredge mining operation south of Fairplay. Last decade of operation 1940 ; the tailings are currently being utilized for highway construction projects .1 2 Alan Berger R ecl aiming the American West (New York : Taylor and Francis, 2008), 101. XVll

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INTRODUCTION "In short human use ha s dramati c all y alt e r e d the loc ation s p ec ie s c ompo s ition, and processes of . [riparian areas} but has not [yet} e liminated these e c osystems No w as n e ver before, careful planning is n eede d to balan c e human a c tivities with the ec ology of thes e e nvironments if the remaininf natural qualities of these lands ar e to exist for future generations. The most commonly practiced form of mining is aggregate extraction and aggregates are a non renewable resource. Aggregate extraction involves the removal of sand and gravel to be used in the fabrication of construction and landscape materials as well as other purposes. Aggregate resources are found in alluvial fluvial and glacial deposits and removal must occur where resources are found. Thus gravel mining generally occurs in critical and sensitive areas riparian habitats It is estimated that 90% of Colorado's riparian habitats have been lost to development agriculture the built environment and sand and gravel mining .4 Reclamation of sand and gravel mining sites was mandated by Colorado with the formation of C .R .S. 34 3 Cornelia Fleischer Mute! and John C. Emerick From Grassland to Gla c i e r : The Natural H istory o f Col o r a do and the S u rrounding R e gion (Boulder : Johnson Books 1992 ), 66 4 Belinda F. Arbogast Daniel H Knepper and William H. Langer The Hum a n F ac tor i n Mining R e clamation (Denver CO : USGS Department of the Interior 2000) 5. It should be noted here that riparian and wetland are often interchanged The definitions utilized for the purposes of this paper are those used by the Colorado Di v ision of Wildlife and follow: "Riparian areas are tho s e plant communities adjacent to and affected by surface or ground water of perennial or ephemeral water bodies such as rivers streams lakes ponds playas or drainage ways. These areas ha v e distinctl y different v egetation than adjacent areas or have species similar to surrounding areas that exhibit a more vigorous or robust growth form "Wetlands are those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support and that under normal circumstances do support a prevalence of vegetation typicall y adapted for life in saturated soil conditions Wetlands generally include swamps marshes, bogs and s imilar areas http :/ / ndis l.nrel.col ostate. edu/riparian!Ri p w etdef. htm XVlll

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32-101 et seq and the subsequent formation ofthe Mined Land Reclamation Board in 1976. In the past, much ofthe financial responsibility of remediation efforts taken in mining operations gone awry has fallen on the taxpayer; ergo reclamation assurances are now also mandatory in Colorado. Requirements for reclamation of gravel pits give consideration to remaining pit slope soil stability and previous habitat and wildlife considerations Current minimum standards clearly fall short in reclaiming the aggregate post-mining site in relation to sensitive habitat rehabilitation and engaging people. T h e Qu est i on(s) The surface disturbance caused by aggregate removal as well as the loss of sensiti v e riparian habitat prompted research into post a g gregate mining reclamation standards practices and outcomes in the State of Colorado. My rese a rch was driven by the following question: Are current reclamation requirements for po s t-mining aggregate sites adequate in addressing ecological system rehabilitation and human interaction in the post-mining site? In addition the following questions needed to be addressed to answer the first: What ethics and values are reflected in reclamation policies ? What current environmental policies and requirements are in place for reclamation post aggregate mining at state and federal levels ? What practices are utilized in other reclamation projects in general? XIX

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What is the role of the landscape architect in the process and how can the profession address the leading question? These questions were answered in two phases and the research is presented throughout the body of this work. Research Approach In order to address the above questions research was conducted in two phases. The fust phase included a literature review and a survey of the history of environmental ethics in relation to the mining industry and resource conservation including a short discussion on Aldo Leopold whose 'land ethic was pivotal in considering humanity's actions upon the land A review ofthe literature on environmental ethics was necessary to reveal Western society s attitudes and interactions with nature. This research also exposes the effects of current ethics and values on environmental legislation and legislation in effect at local state and county levels which dictate aggregate mining reclamation standards. An examination ofthe current aggregate extraction situation in Colorado led to a review of current environmental policy at the federal and state levels in order to determine statutes regulations and requirements in place for reclaiming the post-mining aggregate site The next section of the first phase covered the potential environmental impacts which must be taken into consideration for mitigation of environmental issues before, during and after mining operations Lastly a journey into reclamation approaches practiced in a myriad of situations was undertaken to discover what the potential is of the post mining site and how the landscape architect can design with ecosystems and human interaction in mind. XX

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Writings on environmental ethics abound and several were used as sources of information regarding mining debates and paradigm shifts in ecological thinking which explain humanity's interactions with the environment. Fritof Capra's The Turning Point: Science, Society and the Rising Culture, Aldo Leopold's A Sand County Almanac, Peter Marshall's Nature's Web: An Exploration of Ecological Thinking, Carolyn Merchant's Death of Nature: Women, Ecology and the Scientific Revolution, and Max Oelschlaeger' s The Idea of Wilderness. These authors provide differing insights into paradigm shifts and environmental ethics due to professional perspectives. Values as an extension of ethics are reflected in humanity's interactions with nature. US government values largely formed early settlement laws and land give-aways; public values were behind and influenced the formation of environmental legislation in the 1960's and 1970's. As a result, a brief history of major paradigm shifts in environmental ethics is covered in Chapter 1. This briefhistory of paradigm shifts in nature thinking reveal dominant thoughts towards nature and Western society's relationship to nature. This explains the values behind legislation in effect in the US, the current state of aggregate mining in Colorado and reclamation requirements. It follows that legislative acts are a reflection of a society's ethics and values. Since federal law supersedes state law, a portion of the research examined the National Environment Protection Act (NEPA) the Federal Land Policy Management Act (FLPMA) and the Council on Environmental Quality (CEQ) regulations. Selected portions of these federal statutes and regulations were deemed important in understanding the 'benign' designation of sand and gravel extraction and defining 'significance' and 'significance of impact' in relation to mining operations on federal lands managed by the Bureau of Land Management (BLM) Typically aggregate extraction is considered a benign operation meaning non-toxic so defining XXI

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'significant impact' in relation to mining operations was useful in understanding the proliferation of aggregate sites in Colorado. NEP A supersedes state and local environmental policy and dictates the implementation of an Environmental Assessment (EA) an Environmental Impact Statement (EIS) or a Finding ofNo Significant Impact (FONSI) depending on significance of effects. FLPMA was formulated in an effort to combine and standardize regulations in place for the BLM. FLPMA was consequential in the definition of 'multiple use' on federal lands. In addition, a brief look at the recent Mining and Minerals Policy Act relating to US policy on mineral resource development was completed. The Mining Law of 1872 and the MMPA are indicators ofthe strong mining history and interests ofthe US. Lastly, Colorado State legislation was covered. C.R.S. 34 32-10 I et seq. pertains to Mineral Resources (including aggregate resources) and the Mined Land Reclamation Act. Specifically C.R.S. 34 32-101 et seq. outlines reclamation requirements and the subsequent establishment and makeup of the Mined Land Reclamation Board (MLRB) were considered important in relation to research. The definition of significance as set forth by NEP A statues and regulations is covered in Chapter 2 Impacts must be investigated on a case by case basis ; however typical considerations in mining operations are ground and surface water quality and quantity, flora and fauna, soil erosion, air quality and noise pollution Two sources were utilized to investigate these potential impacts: Hardrock Mining on Federal Lands and Report on the Environmental Setting and Potential Impacts of the Proposed Destiny Gold Mine. The consequence of surface disturbance in aggregate extraction and the resulting potential for the establishment of non-native plants and invasive species also led to a cursory glance into the realm of ecological invasion and the review of the seminal ecological work of Charles Elton in The Ecology of Invasions b y Animals and Plants. In addition mandated reclamation is only a XXll

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relatively recent phenomenon with no set models. There are many approaches to reclamation however it is only necessary in Colorado to meet requirements and criteria set forth by C.R.S. 34 32-101 e t seq. and the MLRB which follows the specifics outlined in Code of Colorado Regulations 2 C.C.R. 407-4 Rule 3. A survey into current reclamation practices outside of minimum requirements was performed in an effort to illuminate the underutilized post mining potential of aggregate mining sites underutilized in this case referring the depletion of riparian ecosystems and habitat; designing for the involvement of the general public in an urban setting ; aesthetics and other value considerations beyond resource extraction. A combination ofworks from a variety of sources and perspectives were reviewedbooks and journal articles from the disciplines of ecology restoration United States Geological Survey (USGS) scientists and landscape architects. Impacts ecological invasion and general approaches to reclamation are covered in Chapter 4. The second phase of research covered two aggregate mining sites to illustrate implementation of reclamation plans adhering to Colorado State reclamation requirements and the criteria sought after by the MLRB Selected aspects pit lakes / ephemeral ponds vegetation zones habitat zones river s edge, utility easements and residential proximity of each site are developed in design diagrams The first case study focuses on Destiny Mining a proposed aggregate extraction operation on the Middle Fork of the South Platte in Park County located on BLM land The second case study revolves around the Thornton Pit on the South Platte in Adams County. The Thornton Pit is a completed project on private land now given over to the Adams County Open Space Plan. The choice of these cases was made to aide in identifying the differences in negotiating environmental policy on federal versus private lands. An added intention of the diagrams is to illustrate the benefits of the involvement of a landscape architect in reclamation planning prior to mining activities. The intent of XXlll

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the design diagrams is not only to illustrate the benefit of the involvement of a landscape architect but also to address typical issues encountered in aggregate mining operations; the mitigation of those issues through design processes and to illuminate other value considerations which must be taken into account to create a successful post-mining landscape which honors a riparian habitat and engages people in the perceived waste site post-mining. The design portion of this research is found in Chapter 5. The conclusion briefly encapsulates the findings of the research and relates them to the driving thesis question(s). Conclusions reached are as follows: Current reclamation standards are minimal thus creating "landscape cosmetics" rather than seriously addressing the reestablishment of riparian systems and/or taking the human factor into account. Extraction of gravel adheres to Cartesian reductionism through the removal of geologic strata (a component of the riparian ecosystem) and resource conservation ethics of early 201h century America. A landscape architect's involvement in the reclamation design process is not mandated in Colorado ergo solutions are typically engineered and meet minimum requirements set forth by the MLRB. The realm of aggregate mining reclamation offers up a world of creative design opportunities which incorporate ecological system health and human interaction. Additional directions of research are also suggested in the further study of economic influences ethics and societal values, aesthetics and the psychology of space. XXIV

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CHAPTER 1 ENVIRONMENTAL ETHICS "We have killed hundreds of thousands of wolves. Sometimes with cause, sometimes with none. In the end, I think we are going to have to go back and look at the stories we made up when we had no reason to kill, and find some way to look the animal in the face again. "5 Thomas Kuhn (1922-1996) is accredited with the notion of paradigm shifts a paradigm defmed as .. a constellation of achievements-concepts values, techniques, etc .. -shared by a [scientific] community and used by that community to define legitimate problems and solutions. "6 Kuhn added that a paradigm is a sign of maturity in the development of a discipline, however paradigms are dynamic states and do not provide conclusive answers .7 There have been several paradigm shifts in the philosophies of nature throughout human history An in depth historical account of the influences and coming of age of all those shifts can be found elsewhere; for the purpose of this thesis those of Magna Mater and Mother Earth (the Paleoand Neolithic cultures respectively), Judea-Christianity Modernism and the Scientific Revolution (mechanistic paradigm of the Cartesian world view and Newtonian physics) and Ecology will be briefly discussed. This is an effort to understand the current attitudes and actions of western society particularly the US and its resulting treatment of and relationship to the land ; especially in relation to mining 5 Barry Lopez, Of Wolves and Men, (New York: Simon & Schuster, 1978) 199 6 Fritof Capra The Web of Life: A New S c i entific Understanding of Systems (New York: Anchor Books 1996) 5 7 Ann M Rosenberg An Emerging Paradigm for landscape Architecture ," Landscape Journal 75, vol. 5 no 2 (Fall 1986) : 75-82, 75

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activities. This section is a g e n e rali ze d overview and is by no means intended to give preference to any particular view only to illuminate western society s historical relationship to nature In addition this short trip into environmental ethics reveals dominant paradigms and values which influence legislation those of resourcism and utilitarianism. Dominant Paradigm Shifts in Environmental Thought Nature was alive to hunter gatherer societies and humanity was not placed above all else. Flora fauna geologic and hydrologic formations were animate-all filled a place in nature's scheme Everything was fruit of the earth interrelated and there was a div ine relationship between hom o r e ligio s us' and the rest of nature ( religion is central to attitudes of nature throughout human history ; as well as the human/nature dichotomy ) .8 The cosmic rhythms [of the Paleolithic mind] manifest order harmony permanence fecundity. The cosmos as a whole is an organism at once r e al l ivi ng and s a c r e d ; . "9 Paleolithic man found home wherever he was in space and time ; religious ritual and art evidenced itself in the cave art of the Paleolithic and are representative of Stone Age man s relationship with natureone of animism and worship. The general conceptual framework of the Paleolithic idea of wilderness is highlighted in Table 1 at the end of this section The Magna Mater (philosophy of the Paleolithic) gradually gave way to Mother Earth in the Neolithic with the coming of the age of agriculture This shift was also due in part to climatic and ecological change at the end of the Ice Age and 8 Mir ce a E liade The Sa c r ed and Profane : The N atur e of R eligio n ( Orlando : Harcourt Inc., 1 9 59), 116. E liade use s th e term h o m o religiosus as a subs titute for r elig ious man '. 9 Ibid 116. 2

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the subsequent extinction of big game species. A sedentary lifestyle rather than the nomadic life of the hunter gatherers, came with the domestication of animals and the cultivation of grain. With the advent of agrarian societies came the knowledge of man's ability to manipulate and control the land and the Earth's bounties : . farmers literally rose up and attempted to dominate the wilderness Boundaries were drawn between the natural and the cultural and conceptual restructuring was inevitable."10 New rituals and gods arose; particularly gods of fertility of the Great Mother. Nature was still sacred, but now took on feminine attributes. The perspective of the Neolithic world changed from that of animism to vegetal. The central premise of an organic world revolved around" ... a nurturing mother ; a kindly beneficent female ... "11 Despite this shift from animism to the vegetal Old and New Stone Age man retained the same religious ideas: "Nevertheless, between the nomadic hunters and the sedentary cultivators there is a similarity in behavior that seems to us infinitely more important than their differences: both li ve in a sacralized cosmos, both share in a cosmic sacrality manifested equally in the animal world and in the vegetal world." 1 2 A shift towards economics also began in the Neolithic as" .. agricultural people accumulate material surpluses more economic goods than can be immediately 10 Eliade, The Sacred and Profan e 116 28. 11C arolyn Merchant The D e ath of Nature : W o m e n Ecology and the S c i e ntifi c R evo lution (New York : HarperCollins Publishers 1983 ) 2. 1 2 Eliade, The Sacred and Pro fa n e 17. 3

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consumed." 1 3 As a result of agriculture the domestication of plants and animals the population increased dramatically during the Neolithic This population increase and urbanization led to a new socioeconomic structure and a cultural and conceptual shift According to Merchant the philosophies of Magna Mater and Mother Earth during the Paleolithic and Neolithic (remnants of which still persist today) exercised normative constraints on mining activities ... one does not readily slay a mother dig into her entrails for gold or mutilate her body ... ; or in other words cause bodily damage to an entity which nurtures and sustains humanity .14 These constraints lasted well into the sixteenth century (up to Judea-Christianity and through the Scientific Revolution ) and Merchant provides historic evidence of such constraints in mining debates prior to the sixteenth century in the writings of Pliny the Elder (23 AD-79 AD ) : We trace out all the veins of the earth and yet .... Are astonished that it should occasionally cleave asunder or tremble ; as though forsooth these signs could be any other than expressions of the indignation felt by our sacred parent! We penetrate into her entrails seek for treasure . as though each spot we tread upon were not sufficiently bounteous and fertile for us!" "For it is upon her surface, in fact that she has presented us with these substances equally with cereals bounteous and ever ready as she is in supplying us with all things for our benefit! It is what is concealed from our view what is sunk far beneath her surface objects in fact of no rapid formation that urge us to out ruin that send us to the very 1 3 Max Oelschlaeger The Id e a of Wild erness (New Ha v en : Yale Uni v ersity Press 1991), 28. 14 Merchant The D e ath of Nature, 3. Quotin g Pliny. 4

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depths of hell . when will be the end of thus exhausting the earth, and to what point will avarice finally penetrate."1 5 Berger likewise notes the writings of Pliny the Elder in Reclaiming the American West as a testament to the concern for the landscape altered by mining activities prior to the shift of traditional Western religion and the Scientific Revolution ... the sufferings inflicted on her surface and mere outer skin seems endurable we probe her entrails, digging into her veins .. "16 Merchant notes that Seneca (4 BC-65 AD) a predecessor of Pliny the Elder also engaged in this debate. However Seneca believed mining to be a vice handed down from ancient times "1 7 This provides an insight into perceived degradation of lands via mining and its aesthetic effects at the time of these arguments According to Seneca not only did mining remove the earth's treasures but created a sight to make [the] hair stand on end huge rivers and vast reservoirs of sluggish waters ." 18 The point in part here is that debating the adverse impacts of mining are not new ; and also to illustrate a shift in attitude from the time of Seneca and Pliny the Elder to Agricola (Georg Bauer 1491-1555).1 9 Marshall as well as Capra claims that the Greeks are responsible for implanting the notion of man as master of nature. Traditional Greek religion, which revolved around hubris and nemesis-pride before the fall and gods' and nature's revenge was increasingly rejected from Plato on. Greek philosophy thereafter 15 Merchant The D eat h of Nature 30 16 Alan Berger R eclai ming the A m erica n W es t 57. 1 71bid, 32. 18 Merchant The D e a t h of Nature, 32 19 Agricola wrote D e R e M e tallica in 1566 which is considered the fus t written work in the defense and justification of mining activities 5

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maintained that the earth was "intended for man and that the rest of creation, including all its beings existed for their sake ."20 This contributed to a pivotal shift towards the formation ofWestem Christianity. The fall in Christianity was man's expulsion from Eden due to Eve-wicked woman; and Satan evil; man must now subdue and control nature to exist rather than subsisting from her bounties. From this stemmed the man/nature dichotomy ; the sacred and profane germinated from the expulsion from Eden to the profane-nature that must now be controlled and manipulated respectively. The shift from cosmic time to historic time also then takes place with the development of the concept oflinear history. Time now had a beginning and an end with creation and judgment and a divine plan ; and .. for the Christian time begins anew with the birth of Christ ... "21 Exploitation of the Earth's resources then finds its roots in Greek philosophy and Judea-Christian interpretations of dominion. The Earth was created by God for the benefit of man; and man was to be the Earth s steward-found in the Genesis story. The idea of dominion and stewardship are sometimes viewed as contradictory however Christian stewardship still places humanity in the position of Lord Man as superior to other forms of nature. Simply put Judea-Christianity perceives the Earth's resources to be unlimited commodities meant for human consumption and humanity as superior beings ergo Christianity is highly anthropocentric. A review of the driving ideas behind Christianity's lens on nature and man's relationship to it is provided in Table 2 at the end of this section. 20 Peter Marshall Nature's Web: An Exploration of Ecological Thinkin g (L ondon : Simon &Schuster 1992 ), 79. 21 Eliade The Sa c r e d and Profane, Ill. 6

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There is a philosophical twist to religious man and Judea-Christianity that needs to be presented here before continuing with the paradigm shift to Modernism. In The Sacred and Profane: The Nature of Religion, Eliade sets out to illuminate that the sacred and profane are two forms of being in the world "two existential situations assumed by man in the course of his history" and that non-religious modern man is not truly desacralized and lives in a world "c harged with religious values. "( emphasis added).22 It has already been pointed out earlier in the chapter that hunter gatherers and sedentary agriculturalists lived in a sacralized cosmos ; the idea of a profane world and desacralized cosmos is a recent paradigm shift in the history of man. There is sacred space and sacred time for religious man; this manifestation of the sacred founds the world for man and provides a center -axis mundi from which the earth man and the divine are connected and interrelated. Homo-religiousus must then recreate the cosmological founding of the world to live in the world, establish a connection and orientation to the divine and live in real time. Space is neutral for profane man and time is linear (a concept founded in Christianity which still applies to perceptions of time today). However, how nonreligious man experiences space is important-as a landscape architect it is important to understand how people psychologically understand space. There are no longer any sacred spaces so orientation, a fixed point and connection to the divine no longer exist (supposedly). This is the point Eliade sets out to contradict. "Properly speaking, there is no longer any world, there are only fragments of a shattered universe an amorphous mass consisting of an infinite number of more or less neutral places (this then reveals the 22 Eliade The Sacred and Profane, 14 and 18 respectively. 7

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philo s oph y of Scientific-Modern man) in which man moves governed and driven by the obligations of an existence incorporated into an industrial society.' m Eliade goes on further to point out that profane man does indeed make associations to special places -birthplace, hometown other memorable places or the house which are designated "holy places" outside of the ordinary profane world Eliade uses this to refute the notion that sacred places no longer exist. Likewise the lives of profane man are steeped in the ceremonies of new beginnings as for the Christian for whom new beginnings start with Christ. There are birth ceremonies adolescent rites of passage marriage, groundbreakings house warming parties burials these are ceremonies marking the death of one kind of being in the world and the beginning of another. These special occasions are also then holy occasions. " For through Christ old things are passed away ; behold all things are become new .''24 In addition Eliade discusses the consecration or founding of space and summarizes it as such: "To settle in a territory is, in the last analysis equivalent to consecrating it. When settlement is not temporary as among the nomads but permanent as among sedentary peoples it implies a vital decision that involves the existence of the entire community. Establishment in a particular place organizing it inhabiting it are acts that presuppose an existential choice the choice of the universe that one is prepared to assume by "creating it. Now this universe is 23 Eliade The S acre d and Profa n e 24. 2 4 Ibid 32 E l i ade quotin g II C orinthian s 5 1 7 in the Bible. 8 ..

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always the replica of the paradigmatic universe created and inhabited by the gods; hence it shares in the sanctity of the gods' work."25 This then is a point which can be related to reclamation To re-organize a space is to found space ; to claim and settle a territory is to repeat the cosmogony of the gods. Re-clamation is then a re-construction of the land, a re-consecration of the land a re-birth after death a re-founding of space and a re-establishing ofthe axis mundi and imago mundi (our center of existence and where we dwell) and part of the sacred cosmos-despite western society's claim to living in a desacralized world This philosophy is useful in understanding a need to reclaim as subconscious and religious. In order for humanity to ultimately care and have stewardship for the environment it must be processed as sacred space' if we adapt our view to Eliade's religious man On the heels of the Judeo-Christian paradigm follows Modernism. Oelschlaeger attributes the seeds of thought leading to the rise of Modernism to be found in the philosophy of Thomas Aquinas (1225-1274) who made the distinction between faith and reason ; and the initial beginnings of the shift from the organic to mechanistic paradigm is placed upon Galileo Galilee (1564-1642)-one of the fathers of modem science .26 The distinction between faith and reason and the shift from organic to mechanistic are concurrent phenomena. Modernism is historically the time frame from the Renaissance to the present. The Scientific Revolution the philosophies of Francis Bacon (1561-1626) and Rene Descartes (1596-1650) as well as the findings oflsaac Newton (1642-1727), contributed to the viewing of the Earth as an unrelated system of parts to be dissected in the pursuit of knowledge and 25 Eliade The Sac re d and Profane, 34 26 Oelschlaeger The Id e a o f Wild erne s s, 76 77 9

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sctence. The Cartesian division between spirit and nature resulted in the secularization of nature and the viewing of nature as machine the world as mechanical system.27 Technology and knowledge was the means by which to subdue nature. Bacon can be considered the progenitor of Western anthropocentrism ... Bacon clearly lies at the germinal core of the intense anthropocentric orientation characteristic of our modem age, a perspective that seems to have almost inevitably led to the unrestrained exploitation of nature. "28 Merchant points out that Bacon's rhetoric promoted the exploitation of resources and formulated much of the vocabulary still in use today in regards to mans operations on nature and turned into .. a language that legitimates the exploitation and "rape" of nature for human good. "29 "We can if need be, ransack the whole globe penetrate into the bowels of the earth, descend to the bottom of the deep travel to the farthest regions of this world, to acquire wealth, to increase our knowledge, or even only to please our fancy."30 In addition Capra reinforces this notion of Bacon's rhetorical influence in the patriarchal and exploitive world view, 27 Capra The Turning Point 66 28 Ibid 84. 29 Capra The Turning Point 171. 30 Merchant The D eat h of Nature 249 10

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"The way in which Bacon advocated his new empirical method of investigation was not only passionate but outright vicious. . his view of nature as female whose secrets have to be tortured out ofher with the help of mechanical devices .. and "Bacon's work thus represents an outstanding example of the influence of patriarchal attitudes on scientific thought."3 1 The notion ofMother Earth was slaughtered by Bacon's rhetoric and writings as the mechanistic view and Scientific Revolution were moving forward with the findings of Descartes and Newton. Merchant also notes that in addition mining was to become a new economic and commercial entity. The restraints of the image of female earth on mining ceded to mining as a means of improving human conditions as promoted by Agricola and Bacon "The image of the earth as a living organism and nurturing mother had served as a cultural constraint restricting the actions of human beings. One does not readily slay a mother dig into her entrails for gold or mutilate he body although commercial mining would soon require that. As long as the earth was considered to be alive and sensitive it could be considered a breach of human ethical behavior to carry out destructive acts against it."32 And ," The organic framework, in which Mother Earth image was a moral restraint against mining, was literally undermined by the new commercial activity."33 The Scientific Revolution then completed the shift in viewing nature as machine The difference between the organic and mechanistic mode of thinking is important. The organic lens is founded in synoptic holism the idea that the whole is greater than the 31 Capra The Turning Point 56 32 Merchant The D eath of Nature, 3 33 Ibid 41. 11

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sum of its parts; the parts being unpredictable or not deducible from one another. The organic is evidenced in the Stone Age and later in ecology. In contrast the mechanistic lens perceives nature to be a machine, a set of parts that can be disassembled and reassembled This fmds its roots in Cartesian reductionism the premise that knowledge is to be gained through reducing its parts to the point of atoms; a set of basic elements. The mechanistic view and Newtonian physics still persist today and forms Modernism's homocentric approach to resources despite the contributions of Albert Einstein (1879-1955) to modem physics in the late 19th and early 20th century The dichotomies of the organic and mechanistic models of nature are compared in generalized terms in Table 3 at the end ofthis section. Modernism and the Scientific revolution now cross the ocean and moves from Europe and revolves around early US settlement for the purposes of this paper. Table I : Attitudes of Pal eo lithi c man in relation to the earth. 34 Paleolithic man: believed that irrespective of __Qlace, nature was home regarded nature as intrinsically feminine thought of nature as alive assumed that the entire world of plants and animals, even the land itself was sacred surmised that di vinity could take many natural forms and that metaphor was the divine mode of access believed that time was synchronous folded into an eternal m_ythical _l)I'esent supposed that ritual was essential to maintaining the natural and cyclical order of life and death 3 4 Oelschlaeger The Idea of Wilderness, 12. 12

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Table 2 : Attitudes of Judea-Christianity in relation to the earth. 35 Judeo Christianity: God created the world and all things in it Nature is afallen and profane world God is transcendent and above the fallen world; He alone is divine and sacred Mankind is made in his image and is therefore distinct from the rest of creation Mankind is to rule over God's earthly creation Time is diachronic and headed somewhere God has a plan, however inscrutable Table 3 : Marked differences between nature as organism and nature as machine 36 Nature as organism: synoptic holism internal relations emergent novelty Nature as machine: reductionist atomism external relations invariant repetition Early US Settlement and Approaches to Natural Resource Management The initial settlement of the western portion of the US was largely encouraged through federal land give-aways as well as the encouragement of staking mining claims and mineral rights in the quest for expansion. It was the policy of the US 35 Oelschlaeger The Idea of Wilderness 66. 36 Ibid 129. This table is intended to clarify the differences between organic and mechanistic attitudes. 13

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Federal Government to make its land accessible for potential settlers in the 18th and 19t h centuries The Federal Land Ordinance of 1785 implemented the rectangular range and township system in effect in the western US today ; ergo the grid of the west. The Colorado Territory established in 1861 was part of this public domain and miners were among the first settlers concerned with land claims in Colorado. The Colorado gold rush lasted from 1858 to 1870 ; the silver boom from 1870 to 1893. Until 1861 there were no laws in effect governing mining claims; miners simply formed mining districts to record and govern their claims At the time of formation the Colorado Territory recognized California mining-district law which had been established in the 1850 's. The first federal mining law known as the Chaffee Laws after Colorado Territory representative Jerome B. Chaffee was passed in 1866 ; similar rules were enacted to placer mining claims in 1870, referred to as placer laws '. These two laws were combined and formed the subsequent Mining Law of 1872 forming many of the key aspects ( mainly rights of use) of the mining law still in effect today Settlement of the west included three major actions that the government implemented in disbursing public domain lands speculation public infrastructure and public policy .37 First land speculators and settlers bid for large and small parcels up for sale respectively. Secondly federal land grants were approved for transportation routes leading to the Transcontinental Railroad A total of 94 million acres were granted to the railroad companies ; another 34 million to the states for railroad use .38 In addition the Northwest Ordinances of 1785 and 1787 also granted land for public institutions such as public schools and colleges. Lastly there were 3 7 Ber ge r R ecl a i m i n g the A m erica n West, 1 8 38 Ibid 18. 14

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settlement acts The Homestead Act of 1862 and the Enlarged Homestead Act of 1909 encouraged settlement of the west by offering 160 to 640 acres of land to be utilized for agricultural purposes the homesteaders acquired the land for free after working it successfully for five years. The Timber Act of 1873 offered 160 acres of land providing that 40 acres be planted with trees. The 1877 Desert Land Act offered 640 acres with the provision that one eighth of the land could be used for irrigation. The Taylor Grazing Act of 1934 likewise redistributed land to ranchers for grazing purposes. In addition water and mineral rights formed during the latter half of the 19th century The Federal Act of 1866legalized miners mineral claims and rights of possession ; and in 1870 current water rights of prior appropriation went into effect. Thus were formed the major land uses of the US mining agriculture and grazing. A timetable ofthis legislation follows. Tabl e 4: D ate lin e for U S l e gi s lat io n affecti n g westward expa n sion. Thi s lis t i s n o t co m p r e h e n sive and on l y cove r s t h e l egis l ative acts cove r ed above Legislative Timetable of EarJy_ US Settlement: Northwester Ordinances 1785 1787 Land Grants 1850 to 1870 Homestead Act 1862 Mining Law 1872 Timber Culture Act 1873 Desert Land Act 1877 Enlarged Homestead Act 1909 Taylor Grazing Act 1934 The philosophies of John Locke ( 1632-1704) ideas of individualism property rights free market and representative government were highly influential in the thinking of Thomas Jefferson (1743-1826) and are reflected in the declaration 15

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of Independence. 39 As a result of ideals of freedom and early settlement patterns Americans view the right of land ownership as a civil liberty and use of private land as resources to be handled as individuals see fit be it for the benefit of economic gain as an inalienable God-given right or for conservation. Also known as property . strictly economic with privileges but no obligations.'.4 The Fifth and Fourteenth Amendments to the United States Constitution uphold the concept of" . .land as a civil liberty rather than a social resource ... "41 In The G e ograph y o f No w h e re, James Howard Kunstler surmises that .. the [commercial] transfer of property would become the basis of American land-use planning ... in essence no planning at all. In addition, "Old World values toppled for example the idea ofland as the phy s ical container for community values . . eradicated in the rush to profit was the concept of stewardship of land as public trust: that we who are alive now are responsible for taking proper care of the landscape so that future generations can dwell in it in safety and happiness "42 In The Human Fa c tor in Mining R e clamation Arbogast Knepper and Langer briefly outline four resource management strategies employed by the Unites States since European settlement. These approaches are defined as exploitive preservation utilitarian and resource conservation. 39 Ca pra The Turni n g P oi n t 69. 40 James Ho w ard Kunstler The G eogr a ph y of N o w h ere : The Ri se and D e cli n e of America s ManM a d e L andsc ape (N e w York: Simon & Schuster 1 9 94 ) 9. 41 Kunstler T he G eograph y of Now h e re, 2 6 4 2 Ibid. 16

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Exploitation is equivalent to extraction of a resource for economic gain making a resource a commodity Economic gain is not concerned with issues such as soil erosion vegetation and wildlife depletion air pollution, water quality and quantity or hydrologic systems. The motto is get in and get the resource out as inexpensively as possible. The exploitive approach is the reason the public holds onto negative views of the mining industry The preservationist approach sets land and resources aside and protects it from future development and alteration A sma11 percentage of the American landscape has been preserved' and it has been estimated that less than 20% of the nation remains natural.4 3 However the preservationist approach does not take the biological and cultural evolution of land uses into account landscapes and perceptions evolve Historic preservation and wilderness designations are also sometimes created in isolated patches among private lands ; which produce fragmentation and often ensure failure of pocket wilderness areas. Patterns of pocket wilderness do not contribute to a larger landscape mosaic. The utilitarian concept of land management stems from making 'unusable' land productive. Colorado's semi-arid climate produces unique ecosystems adapted to a dry climate ; these ecosystems are unfortunately often deemed undesirable and converted to other uses. Utilitarianism is couched in economics something deemed unusable has no monetary or profit value for humanity so then must be converted to useable land by human definitions. The utilitarian approach in aggregate mining reclamation is visibly apparent along the front range of the South Platte Resource conservation as an ethic grew out of the utilitarian tradition and was established by Gifford Pinchot (1865-1946) and Theodore Roosevelt (1858-1919) at 43 Arboga s t Knepper and Langer The Human Fa c tor," 5 17

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the tum of the 20th century 44 America was no longer a strictly agrarian society as Thomas Jefferson ( 1743-1826) had en v isioned ; it was equally divided between agriculture and industry. The time to preserve American wilderness had now come ; the frontier had been deemed closed by Frederick Jackson Turner ( 1861-1932) and George Perkins Marsh (180 1-1882 ) had illuminated the a dverse impacts of agriculture and industry on the environment. Oelschlaeger sums up the resource conservation ethic in Chapter 7 of The Ide a of Wild e rn ess : "Responding in part to the growing perception of the changing face of America's land and economy President Teddy Roosevelt and Gifford Pinchot made efficiency rather than expediency the watchword for resource use. Conservation became a governmental policy initiative soon followed by the creation of agencies mandated to promote husbandry of natural resources for the public good. Yet the so called progress i ve c on se rvati o n m ove m e nt was philosophically grounded in Modernism Wild nat u r e was c on ce i ve d a s li tt l e mor e than a stoc kpil e of ra w mat e rials of no intrin s i c value; only through the producti v e enterprise the humanizing of the wilderness did nature gain value utility was still the grand arbiter of judgment ( as measured by the dollar) (emphasis added) The greatest good for the greatest number was increasingly construed in narrow economic terms. "45 The resource conservation practice and ethic developed as a result of the diminishing unsettled territories of the US and the closing ofthe Frontier; the realization that America's resources were indeed finite ; and a general movement for preservation of wild nature' taking place at the tum of the 20th century The driving notions of resourcism are listed in the table on the next page. The next section briefly discusses 44 O e lschlae ge r The I dea of Wilderness 287 4 5 Ibid, 2 0 9 18

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Aldo Leopold, the 'land ethic' and the is / ought dichotomy between science and value. Leopold's 'land ethic' was a pivotal shift in Modernist thinking in the United States and is therefore treated separately. Tabl e 5 : Attitud es of resourcism in r e lation to earth.46 Resourcism: natural systems are no more than collections of parts homo sapiens is related externally to the ecomachine the ecomachine can be engineered to produce desired outcomes and prevent undesired consequences the market objectively determines the worth and value of all things cultural and natural the national and per capita income accounts are the ideal measure of societal wellbeing progress can be determined according to the utilitarian formula of the greatest good for the greatest number Aldo Leopold and the Land Ethic It is in c on ce ivable to me that an ethical relation to land can exist without love, r espect and admiration for land and a high regard for its value. B y value I of course mean something far broader than mer e economic value; I mean value in the philosophical sense. "'47 Leopold is responsible for the land ethic a major contribution to the undercurrents of predominant modern thought of nature as machine and the resource 4 6 Oelschlaeger The Id e a of Wilderness 287. 4 7 Aldo Leopold A Sand County Almanac, (New York : Oxford University Press 1966) 261. 19

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conservation ethic Leopold was trained and worked as a scientist, however struggled with the fact/value or is / ought dichotomy of science and man's relationship to nature throughout his career as a forester and wilderness ecologist. "Leopold struggled throughout his career with an implicit opposition between a temporal, mechanistic and reductionistic slant of classical science and the temporal organismic, and holistic cast of the natural history tradition and its successor, evolutionary science."4 8 The land ethic and ecology offer up a biocentric perspective towards nature. From an ecological lens Leopold believed humankind to be a part of nature which places homo-sapiens in an organic synoptically holistic world versus a mechanistic and reducible nature. Man is part of the larger community which then places him in the evolutionary process ; this placement implies obligations to preserve the land ; the land then has intrinsic value. As a member of this community, the land ethic states that humanity 'ought' to act to preserve the "integrity, stability and beauty of natural systems. "49 The land ethic "changes the role of man from conqueror of the land community to plain member and citizen of it. "50 The major ideas of biocentrism are highlighted in a small chart provided at the end of the chapter. Finally, taking into consideration that The Death of Nature is written through an historical and ecofeminist lens Merchant attributes environmental legislation of the 1960's and 1970's to undercurrents of the dominant paradigms of modernismecology and feminism. This sentiment is evidenced in the following quotes: 48 Oelschlaeger The Ide a of Wilderness, 207. 49 Ibid 50 Aldo Leopold A Sand County Almanac, 240. 20

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"By pointing up the essential role of every part of an ecosystem that is when one part is removed the system is weakened and loses stability ecology has moved in the direction of leveling of value hierarchies Each part contributes equal value to the healthy functioning whole All living things as integral parts of a viable ecosystem thus have rights. The necessity of protecting the ecosystem from collapse due to the extinction of vital members was one argument for the passage of the Endangered Species Act of 1973 ."51 Merchant continues with The conjunction of conservation and ecology movements with women's rights and liberation has moved in the direction of reversing both the subjugation of nature and women. 52 Tabl e 6 : Chart ofbioand ecoce nt rism .53 Bioand ecocentrism: natural systems are the basis of all organic existence and therefore po s sess intrin s i c v alue (emphasis added ) humankind is an element within rather than the reason to be of natural s y s tems and is hence dependent upon intrinsic value ethical human actions necessarily promote all life on earth ethical human actions preserve such intrinsic values as diversity stability and beauty 5 1 Merchant The D eath of N ature, 293. 52 Ibid 2 94 53 Oel s chla eg er The I dea of W il derness 2 94 21

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A New Paradigm for Landscape Architecture? That land is a community is the basic concept of ecology, but that land is to be loved and respected is an extension of ethics. "5 4 "A thing is right when it tends to preserve the integrity, stability and beauty of the biotic community It is wrong when it tends otherwise. "55 Capra claims Einstein's contributions to physics (relativity theory and quantum theory) are responsible for an emerging world view characterized by a new vocabulary which includes words like organic holistic and ecological and the decreasing hold of the mechanistic view and Cartesian reductionism and dualism in the scientific community.56 This thought is evidenced in the following quote, "The world view of modem physics is a systems view as the aforementioned vocabulary is essential to a systems interpretation 5 7 Capra promotes the systems view of life, the interconnectedness of systems relationships and the dynamic aspect of life He also claims . .in transcending the Cartesian division, modem physics ... has challenged the myth of a valuefree science The patterns scientists observe in nature are intimately connected with the patterns of their minds ; with their concepts thoughts and values "58 54 Leopold A Sand Coun ty Almanac, 262. 55 Ibid, xix 56 Capra The Turning Point 78 57 Ibid 97 58 Capra The Turning Point 87. 22

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Ergo according to Capra's assertions the scientific community is then intellectually and morally responsible. Likewise Merchant discusses the is / ought dichotomy in The D e ath of Nature s introductory pages as a basis for her arguments and ties this conceptual dichotomy to language. and "The Renaissance image of the nurturing earth still carried w ith it subtle ethical controls and restraints. Such imagery found in a culture s literature can play a normative role within the culture. Controlling images operate as ethical restraints or as ethical sanctions "oughts" and "ought nots Thus as the descriptive metaphors and images of nature change a behavioral restraint can be changed into a sanction. " Contemporary philosophers of language have critically reassessed the earlier positivist distinction between the is of science and the "ought of society arguing that descriptions and norms are not opposed to one another by linguistic separation into separate is and "ought" statements but are contained within each other. Descriptive statements about the world can presuppose the normati ve: they are then ethic-laden. "59 This was then the shift which took place during the Scientific Revolution influenced by Bacon s rhetoric ; and is currently changing according to Capra with the new language of modern physics 59 Merchant The D eat h of Nature 4 23

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Physics and ecology are the two forces behind an "emerging" paradigm shift according to Rosenberg. Capra supports the notion of modem physics as contributing to a systems view of life and Rosenberg claims "ecology is becoming a guiding principle, conceptual level of understanding and an important consideration in the practice of landscape architecture. "60 The stewardship ethic has remained at the forefront of human interaction with the environment (or as part ofthe environment) from the beginning, however gained momentum in the 1960's with the focus on problems of environmental damage and a concern for a healthy environment. That our environment is considered a product and land is a commodity began with the Greek philosophy in the concept of nature for the benefit of human use extended into Judea-Christianity ideals of dominion and US resource conservation and utilitarianism However the notions of use and dominion as well as Cartesian dualism are losing foothold and giving way to the understanding of humanity as an integral part of nature rather than separate and superior and a feeling of integration and relationship."61 Land is perceived to part of a community rather than a commodity in ecology ; humans are a part of that community. The purpose of the historical account of paradigm shifts in attitudes towards nature was to aide in illuminating that attitudes of nature change with cultural shifts and that cultural values are influential in legislation formation (legislation to be covered in Chapters 2 and 3). Simply put, attitudes and culture change ; laws and interactions with nature reflect those changes Ergo the landscape architect works within historical cultural and legal ethical and value frameworks when designing 60 Rosenberg, An Emerging Paradigm, 76. 61 Ibid 79. 24

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spaces These frameworks are implemented in the re-creation of ecosystems public spaces and habitat in the post-mining landscape The next chapter then deals with the formation of federal legislation in place today which has grown out of the values and ethics of America as a society. 25

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CHAPTER2 FEDERAL STATUTES AND REGULATIONS "In few places is the impact of the law more apparent than in the mining and reclamation business "62 "The law clearly plays a c ritical role in shaping the post-mining landscape. "63 Federal statutes will be covered first in this chapter with Colorado State statutes following in Chapter 3. Federal statutes supersede state statutes; federal regulations are the rules by which federal agencies implement federal laws; likewise state regulations are rules by which state agencies apply state laws For example, at the federal level FLPMA is the statute; 43 C.F .R. 3809 provides the regulations and the BLM implements those regulations in accordance with FLPMA At the state level C.R .S. 34 32-101 et seq. is the statute; 2 C.C.R. 407-4 Rule 3 is the regulation; the DRMS and the MLRB are the regulatory agencies. This chapter covers federal legislation applicable to the proposed Destiny Mining operation. Environmental policy is a reflection of public values The last 60 years have seen intense federal regulation regarding environmental protection along with more stringent controls on mining regulation than previously exercised Recent environmental policies are highlighted in the following chart. 62 Robert Micsak The Legal Landscape," in D es igning the Reclaim ed Landscape ed. Alan Berger (New York: Princeton Architectural Press 2002), 154 63 Ibid 162 26

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Table 7: Recent federal e nvironmental legislation Recent environmental legislation in the US: National Environment Protection Act of 1969 (NEPA) Clean Air Act 1970 Clean Water Act 1977 Surface Mining Control and Reclamation Act of 1977 (SMCRA) Federal Land Policy Management Act of 1976 (FLPMA) Endangered Species Act of 1973 Resource Conservation and Recovery Act of 1976 (RCRA) Comprehensive Environmental Response, Compensation and Liability Act of 1980 _(_CERCLA) Safe Drinking Water Act of 1974 (SDW A) Toxic Substance Control Act of 1976 (TSCA) The scope of these statutes, regulations and responsibilities of the agencies which implement those regulations is immense. This chapter deals with selected issues such as the definition of 'significance' in relation to potential impacts and as set forth by NEP A and the EA and EIS process. FLMP A is again a far reaching act of legislation which attempts to create uniformity in surface management regulations as they pertain to federal BLM lands. 43 C.F.R. 3809 was deemed the most significant portion of this piece of legislation as it deals specifically with surface management regulations as applied to the BLM in the case of Destiny Mining (Code ofFederal Regulations) Defining 'significance' in Relation to Impact: Understanding Why Aggregate Sites are Considered 'benign' The determination of effects as significant or not significant plays a major role in the EA versus the EIS process. The BLM must adhere strictly to the following definitions as outlined in the H -1790-1 NEP A Handbook. Smaller mining operations 27

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usually only trigger an EA to determine if an EIS is required (as in the case of Destiny Mining; more on the EA and EIS process follows in this chapter). Significance is defined as such: "Significance is defined as effects of sufficient context and intensity that an environmental impact statement is required. The CEQ regulations refer to both significant effects and issues. The meaning of significance should not be interpreted differently for issues than for effects : significant issues are those issues that are related to significant or potentiall y significant effects." (emphasis added)64 This definition is further elaborated on in relation to context and intensity of significance. The same definitions can be found in the terminology section of CEQ regulations section 1508.27: "Significantly" as used in NEP A requires considerations of both context and intensity: (a) Context. This means that the significance of an action must be analyzed in several contexts such as society as a whole (human, national) the affected region, the affected interests, and the locality Significance varies with the setting of the proposed action. For instance, in the case of a site-specific action significance would usually depend upon the effects in the locale rather than in the world as a whole (emp hasis added). Both shortand long-term effects are relevant. (b) Intensity This refers to the severity of impact. (emphasis added) Responsible officials must bear in mind that more than one agency 64 Bureau of Land Management H-1790-1 : National Environmental Poli cy A c t Handbook (US Department of the Interior 2009) 70 28

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may make decisions about partial aspects of a major action The following should be considered in evaluating intensity: 1 Impacts that may be both beneficial and adverse A significant effect may exist even if the Federal agency believes that on balance the effect will be beneficial. 2. The degree to which the proposed action affects public health or safe ty 3. Unique characteristics of the geographic area such as proximity to historic or cultural resources park lands prime farmlands we tlands, w ild and sce ni c riv e rs, or ec ologi c all y c riti c al ar e a s ( emphasis added). 4. The degree to which the effects on the quality of the human environment are likely to be highly contro v ersial. 5. The degree to which the possible effects on the human environment are highly uncertain or involve unique or unknown risk s 6 The degree to which the action may establish a precedent for future action s with significant effects or represents a decision in principle about a future consideration 7 Whether the action is related to other actions with individually insignificant but c umulati ve l y s ignifi c ant impa c t s Significance e x i s t s if it is reasonable to anticipate a c umulati ve l y sig n ificant imp ac t o n the e n v i r onm e nt Signifi c an ce ca nnot b e avoid e d b y t e rming an a c tion t e mporary or b y br e aking it down into s mall c ompon e nt parts (emphasis added) 8. The degree to which the action may adversely affect districts sites highways structures or objects listed in or eligible for listing in the National Register of Historic Places or may cause loss or destruction of significant scientific cultural or historical resources. 9. The degree to which the action may adversely affect an endangered or threatened species or it s h a bitat that has been determined to be critical under the Endangered Specie s Act of 1973. (emphasis added) 10. Whether the action threatens a violation of Federal State or local law or requirements imposed for the protection of the env ironment. 29

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Significance must therefore be in v estigated on a case by case basis as each situation is unique. Significant is defmed by Webster s New World Dictionary as that which is signified ; the quality ofbeing significant ; and of importance or consequence." Likewise cumulative is defined as increasing in effect size quant i ty etc. by successi v e additions ; accumulated ; and taking successive additions into account. NEP A s significance of impact' and cumulative effects' then become relative and subjective terms based on interpretation when applied to environmental legislation. Although each situation is unique and must be investigated individually there is a danger in analyzing individual actions without taking cumulative effects into account. The effects of years of gravel mining along the Front Range of the South Platte have contributed to the alteration the river s channel and instability. An example of these cumulative effect s will be covered in South Platte Park in Chapter 4. In essence all of humanity s actions upon the Earth are impactful. Pertinent Federal Statutes and Recent Environmental Legislation NEPA (42 U.S.C.) Federal regulatory agencies are required to interpret and administer their laws in accordance with the policies set forth in NEP A. As federal land managers they are obligated to manage public land s for long-term productivity and are responsible for the protection of public lands for a multitude of current and future uses These policies are then carried out by respective agencies. NEPA 102(1 ), 42 U.S.C (1 ), provides : "The Congress authorizes and directs that to the fullest extent possible : ( 1 ) the policies regulations and public laws of the United States shall be interpreted and administered in accordance with the policies set forth in the act. 30

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These policies are those found and as outlined in lOl(b), 42 U.S.C. ( b) : to ( 1) fulfill the responsibilities of each generation as trustee of the environment for future generations; (2) assure for all Americans safe, healthful, productive and esthetically and culturally pleasing stirroundings; (3) attain the widest range of beneficial uses of the environment without degradation, risk to health or safety or other undesirable and unintended consequences; ( 4) preserve important historic, cultural, and natural aspects of our national heritage, and maintain wherever possible an environment which supports diversity and variety of individual choice; (5) achieve a balance between population and resource use which will permit high standards of living and a wide sharing oflife's amenities; and ( 6) enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources."65 NEPA, or 42 U.S.C., is then the defining law in environmental protection. As such, all federal agencies must uphold this statute and act accordingly in its managing and regulatory responsibilities. Determining if an EA or EIS is Appropriate Any action taken on federal land dictates the implementation ofthe EA, EIS or FONSI process. The BLM has designated their NEP A Handbook H -1790-1 to interpreting NEPA and the agency's role in environmental assessments. Chapters 6 7 and 8 are specific in determining the necessity of an EA or EIS; the definition of 65 National Research Council, Hardrock Mining on F edera l Lands (Washington DC : National Academy Press 1999) 38. 31

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'significance' and the context and intensity of significance that either prompts an EA, EIS or FONSI. A multitude of potential social and environmental issues and potential impacts related to the proposed action are reviewed in the EA process. For example, economics, health and safety of the human community, air and water quality and quantity, archeological and historic significance adverse effects on wildlife habitat, etc... The issues to be investigated are delineated in the definition of significance in relation to intensity as put forth by the BLM H-1790-1 NEPA Handbook and CEQ regulations Governing and regulating agencies such as the BLM, NFS and the Division of Wildlife (DOW) cooperate in the disseminating and sharing of information pertinent to the proposed action and are defined as 'cooperating agencies' when responsibilities are overlapping. An EA is prepared if the actions are not "categorically excluded", not already covered in an existing environmental document or not normally subjected to an EIS .66 The EA is then used to determine if the action would have significant effects; if not a FONSI may be prepared. It is also possible to prepare a mitigated FONSI in the event that mitigation measures would reduce the effects to non-significance ('Mitigation' is defined in Chapter 3). In addition, the preparation of a tiered EA may 66 "Categorical exclusion" means a category of actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by a Federal agency in implementation of these regulations (Sec. 1507 3) and for which therefore neither an environmental assessment nor an environmental impact statement is required An agency may decide in its procedures or otherwise to prepare environmental assessments for the reasons stated in Sec 1508 9 even though it is not required to do so. Any procedures under this section shall provide for extraordinary circumstances in which a normally excluded action may have a significant environmental effect. (CEQ Part 1500 Terminology and Index 1508.4) 32

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be utilized if only some of the effects are deemed significant.6 7 An EIS must be prepared for actions whose effects are expected to be significant or after the fmdings of an EA revealing significant effects. These processes then ensure the adherence to NEP A. FLPMA (43 U S.C.) and M ultipl e Use FLPMA was created in an effort to establish uniformity in land management policies and regulation for the BLM. The merger of several agencies culminated in the formation of the BLM in 1946, with each agency having its own set of laws and regulations. FLPMA was an attempt to eliminate conflicting and redundant laws and regulations of those agencies by providing one set oflaws and regulations for the BLM to implement. FLPMA provides management guidelines and authority in addition to legislative direction in numerous specific interests and areas of management. 68 Preceding bills to FLPMA acted as precursors to identifying that public lands managed by BLM are national assets with an immense variety of natural resource value, including outdoor recreational use and should therefore be developed and administered .. for multiple use and sustained yield of the several products obtainable therefrom for the maximum benefit of the general public."69 As a result the application of multiple use of public lands became a significant aspect of FLPMA. 43 U.S.C. (c) defines multiple use as 67 Bureau of Land Management H-1 7 90-1 : NEP A Handbook 69. 68 Eleanor R Schwartz A Capsule Examination of the Legislative History of the Federal Land Policy and Management Act of 1976 (Denver CO : National Science and Technology Center 1979), 59 69 Ibid 60. 33

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" ... a combination of balanced and diverse resource uses that takes into account the long-term needs of future generations for renewable and non-renewable resources, including but not limited to, recreation, range timber, minerals, watershed, wildlife and fish, and natural scenic scientific, and historical values; and harmonious and coordinated management of the various resources without permanent impairment of the productivity of the land and the quality of the environment with consideration being given to the relevant values of the resources and not necessaril y to the combination of uses that will give the greatest economic return or the greatest unit output." (emphasis added) 70 The National Resource Council summarizes the existing federal land management standards in place for the operation of, reclamation and permitting requirements for (locatable) hardrock minerals mining and exploration on federal lands in Chapter 2 of their report .71 The following is taken directly from Chapter 2. 43 U.S.C. 1701-1784 provides the BLM with management standards for hardrock mining activities on federa1lands Section 1701(a) states: The Congress declares that it is the policy of the United States that (7) goals and objectives be established as guidelines for public land-use planning, and management be on the basis of multiple use and sustained yield unless otherwise specified by law (8) the public lands will be managed in a manner that will protect the quality of scientific, scenic, historical ecological environmental air and atmospheric water resource, and archeological values: that where appropriate will preserve and protect certain public lands in their natural condition ; that will provide food and habitat for fish and wildlife and 70 National Research Council Hardro c k Mining on F edera l Lands, 38. 71 Note that aggregate resources are considered common varieties' not locatable materials. 34

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domestic animals ; and that will provide for outdoor recreation and human occupancy and use. (12) the public lands be managed in a manner which recognizes the Nation s need for domestic sources of mineral food timber and fiber from the public lands including implementation of the Mining and Minerals Policy Act of 1970 as it pertains to public lands. (The Mining and Min e r a l s Poli cy A c t o f 19 7 0 i s c o ve r e d at the end of thi s c hapt e r.) In addition section 1732(b) states: "In managing the public lands the Secretary shall by regulation or otherwise take any action necessary to prevent unn ece ssary or undue d e gradation of the lands (emphasis added) These agencies must fulfill their obligations in relation to NEPA and to interpret and administer their laws in compliance with NEP A standards. Proposed mining activities on BLM lands prompt the interpretation of 43 C .F.R. 3809 as is the case in Destiny Mining. These regulations outline the procedures to be followed in a proposed action pertaining to casual use notice level operations or plan of operations Casual use pertains to those mining operations not utilizing mechanized equipment or explosives ; notice level operations pertains to operations required to give notice to the BLM for mining sites disturbing 5 acres ofless per year.72 The regulations put into place as a result of FLPMA not only place the BLM in a position as land managers but also as regulators and place immense responsibility on this agency for representing the public in long-term productivity of the land and in charge of the protection of potential future uses and as managers of federal estates. They are therefore both landowners and regulators with the 72 National Research Council Ha r dr oc k Minin g o n F e d e ral Lands, 20 35

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responsibility of serving the public in national terms"the nation's needs", "all Americans" and "future generations." Multiple use is then an attempt to satisfy a diverse spectrum of needs on BLM lands. Mining Law of 1872 The Mining Law of 1872 was the merger of the Chaffee Laws and Placer Laws preceding it. This law implemented the right to staking claims for all valuable deposits not just to gold, silver and copper. This law also provided extralateral rights meaning a claimant could follow a surface vein of metal beyond his lode claim (or a hardrock deposit) even if it moved into the arena of another's rights below surface. This law also set size limitations on lode claims and prices per acreage-which still remain in effect today. All mining claims are initially unpatented claims which mean as long as the claim is worked every year it remains valid. There has been a congressional moratorium on patented claims since 1994 ; a patented claim gives the claimant the right to put the claim to any use Mining and Minerals Policy Act of 1970 Despite recent environmental legislation, the 1872 General Mining Act (30 U.S C.) is still in effect today The addition of the Mining and Minerals Policy Act of 1970 (30 U.S C .) (a) states: The Congress declares that it is the continuing policy of the Federal Government in the National interest to foster and encourage private enterprise in (emphasis added) (1) the development of economically sound and stable domestic mining, minerals metal and mineral reclamation industries, (emphasis added) 36

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(2) the orderly and economic development of domestic mineral resources reserves and reclamation of metals and minerals to help assure satisfaction of industrial security and environmental needs (3) mining mineral and metallurgical research including the use of and recycling of scrap to promote the wise and efficient use of our natural reclaimable mineral resources and ( 4) the study and development of methods for the disposal control and reclamation of mineral waste products and the r e clamation of min e d land s o as to l e ss e n an y adv e rs e impa c t of m i neral ex tra c tion and pro ces sing upon the phy sical e nvironment that ma y r es ult from mining or min e ral a c ti v iti es (emphasis added) In seeming contradiction to environmental legislation the existence of the original Mining Law of 1872 and the Mining and Mineral Policy Act of 1970 demonstrate the strong history of US mining interests These interests are still highly represented in the Mining Law of 1872 and the MMP A with these two laws establish America's mining policies and reflecting US values The law clearly plays a role in mining and reclamation activities. Defining environmental impacts and the significance or cumulative effects of those impacts determines mining and reclamation processes during and after operations. A mining action cannot take place without some form of environmental review of potential impacts ; mitigation of those impacts must be addressed during and after mining As mentioned earlier federal legislation supersedes state legislation ergo federal legislation was covered first in this chapter The next chapter provides an overview of the current state of aggregate mining in the State of Colorado Consumer demands and negative perceptions of the mining industry are contradictory In addition, Chapter 3 includes a cursory look at C R .S. 34 32-101 e t se q and reclamation requirements in place for aggregate mining operators 37

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CHAPTER 3 THE STATE OF AGGREGATE MINING, PUBLIC PERCEPTIONS AND CURRENT STANDARDS ... sand and gravel mining [is} a grand opportunity to add much diversity to man 's and nature s world. It is an opportunity to produce areas for research, new habitats, education and r e creation for our rapidly expanding urban areas Not only can we all benefit from the aggregates produced but also from the result of the production of the aggregates. . sand and gravel mine reclamation is in its infan c y (and a f ew states don't even r ec ogni ze it as a form of mining.) "7 3 The most commonly practiced form of mining is aggregate extraction and aggregate is a non-renewable resource. Aggregate resources are found in alluvial fluvial and glacial deposits and removal must occur where resources are found. Gravel mining generally occurs in critical and sensitive areas riparian habitats Many identified resource areas have already been developed in other capacities for industrial, residential agricultural or recreational purposes. Riparian habitats are complex ecosystems, constantly fluctuating with the ebb and flow of the water bodies they surround unless artificial channelizing or damming have disturbed the natural process of deposition and removal of sand and the creation of oxbows. This is indeed the case in Adams County Colorado where the South Platte is considered an unstable river this instability is in part attributed to gravel mining .7 4 7 3 Mark Heifner Sand and Gravel Mining in Colorado Riparian Habitats (paper presented at Lowland River and Stream Habitat in Colorado : A Symposium Colorado Chapter of wildlife Society and Colorado Audubon Council n .d.) 146. 7 4 Adams County Section XVIII : Background for Gra vel Mining Criteria De v elopment ( Denver CO : Adams County n.d.), I 38

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90% of Colorado's riparian areas have been lost to development agriculture, the built environment, sand and gravel mining and the depletion of Plains Cottonwood for firewood during early settlement of the western US.7 5 Riparian habitats as defined by the State of Colorado, . are those communities adjacent to and affected by surface or ground water of perennial or ephemeral water bodies, such as rivers, streams, lakes, ponds, playas, or drainage ways ... "7 6 In addition, much of Colorado's wildlife species are dependent on riparian habitats during all or a portion of their life. "Approximately 75% of the wildlife species known or likely to occur in Colorado are dependent on riparian areas during all or a portion of their life cycle. This is especially significant when we realize that riparian areas make up less than 1% of the landmass in Colorado "77 These are alarming statistics considering the figure of 1% of Colorado's landmass is riparian in nature. Due to consumer demands, population growth and the resulting demands for natural resources (in this case sand and gravel) mining activities and extraction of resources will reach further into previously undisturbed areas in an effort for retrieval. 75 Cornelia Fleischer Mutel and John C Emerick, Gra ss land to Gla c i e r : The Natural Hi story of Colorado and the Surrounding R e gion (Boulder: Johnson Books 1984) 65. 76 Belinda Arbogast Daniel H Knepper Roger A Melick and John Hickman Evolution of the Landscape along the Clear Creek Corridor Colorado Urbanization Aggregate Mining and Reclamation (Denver CO : USGS Department of the Interior 2002) 6 Quoting State of Colorado 2000 Wetland versus Riparian : Colorado Division of Wildlife 77 Arbogast Knepper Melick and Hickman Evolution of the Landscape along the Clear Creek Corridor ," 6. 39

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This is particularly true for the American West as the majority of public lands containing natural resources are located in the western portion of the United States. For example, 34.4% of Colorado is BLM and NFS lands of which 64.5% is subsurface mineral ownership managed by the BLM .78 According to the 2000 Park County census 59% of Park County is federal or state land. Current requirements for reclamation of gravel pits give consideration to remaining pit slope soil stability and previous habitat and wildlife considerations. C R.S. 34 32-116 offers generalities. No portion of the regulations deal with river stability or dam safety during flood cycles, however all aggregate mining operations in effect since 1980 must comply with water augmentation standards enforced by the Colorado Division of Water Resources and must apply for a 404 permit when encroaching upon the river channel with fill.79 Negative Perceptions of the Mining Industry Public perceptions of the mining industry and consumer beha viors are contradictory. The U.S. averages about 10 tons of aggregate per capita per year consumption with sand and gravel valued at $4.8 billion in 1997.8 Consumers demand raw materials for road and building infrastructure; however balk at the prospect of an aggregate mining operation in their 'back yard'. Pits produced through 78 Berger. R ecl aiming the American West 29 79 404 permits apply to dredging and filling activities in interstate waters or any land which qualifies as wetland ( including soil and vegetation definitions within wetlands). The Rivers and Harbors Act of 1899 defines interstate waters' and established the Army Corps ofEngineers 80 Arbogast Knepper and Langer, The Human Factor ," 3. 40

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extractive processes are generally considered 'eyesores' and waste sites.81 This contradiction in product demands prompted in part by unsightly visual disturbance and mining is further exemplified in the statistics which reflect the total land disturbed by mining in the U.S at 0.1% compared to agriculture at 60 to 70% (percentage data for roadways not given).82 Infrastructure and agriculture are viewed as necessities in the American way of life and are thus accepted. What many fail to realize is that mining is a temporary land use ; that product demand fuels the perceived degradation ; and some sites are actually improved by post-mining reclamation Arbogast Knepper and Langer point out the history of aggregate mining prior environmental legislation .. damage created by exploitive aggregate producers and construction companies prior to the 1970 s gave the industry a negative image. "83 Sand and gravel mining inherently cause disturbance This disturbance is highly visual considered unsightly and scarifies the land surface. As already stated aggregate mining is an int e rim land use as are many other land uses. Engler addresses current attitudes towards waste landscapes in Was t e Land sca p es: P e rmiss ible M e taphors in Land sc ap e A r c hitec ture. Although her work relates more specifically to human waste dumps and water treatment systems the post aggregate extraction site is also considered a waste or derelict landscape ; an eyesore. Engler claims our attitudes are engrained in language beginning with the Latin origin of the word waste found in "va stus meaning unoccupied or desolate signifying 8 1 Arbogast Knepper Melick and Hickman "Evolution of the Lands c ape alon g the Clear Creek Corridor 1 2 82 Arbo g a s t Knepper and Lange r The Human Factor ," 4 83 Ibid 41

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emptiness and uselessness."84 Definitions of waste from Webster's New World Dictionary include the words desert, uncultivated land, damaged, unwanted by product and rejected among others all of which carry negative connotations. Engler further elaborates that "waste sites are found in areas where no other land use was profitable mostly on derelict lands .. Everyone produces waste but no one wants to deal with it ; out of sight, out of mind; as well as dismissing it to the "not in my back yard" mentality. Aggregate Mining in Co l orado Aggregate mining activities inherently create disturbances in the existing environment through surface exploration and extraction. Most aggregate extraction is conducted via surface scraping operations although in-stream and quarrying operations occur in Colorado Reclamation of mined lands is now mandatory in the state of Colorado and enforced through financial assurance which may be in the form of letters of credit cash or bonds ; release of the financial assurance instruments occurs when satisfactory reclamation has fmally been achieved. Annual reclamation reports are to be filed outlining newly disturbed acreage and land that has been backfilled graded and reseeded or the topsoil replaced Re vegetation and wildlife monitoring may also be included in these reports In addition, the MLRB has dictated that a permitted site be inspected at least every four years in-stream gravel extraction operations must be inspected once annually. Extraction and reclamation are often concurrent and reclamation of mining activities must be complete within five years. 84 Mira Engler. Waste Landscapes : Pennissible Metaphors in Landscape Architecture ," Land sc ap e lournal Vol.l4, no l : 12. 42

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Current Reclamation Standards and Practices ... most companies tend to do what i s obvious to make it look good for now w ith littl e thought to the out c om e fifty year s from no w . . c o ve ring up problems with gre en c an b e c all e d lands c ap e c osm e ti c s ; in the tru e st sense this is not r e clamation '.85 Current requirements for reclamation of gravel pits give consideration to remaining pit slope soil stability and previous habitat and wildlife considerations C.R.S. 34 32 5-116 outlines these requirements which are provided in the next section of this chapter. The table on the following page represents sought after criteria by MLRB which is dictated by 2 C.C.R 407-4 Rule 3.86 No portion ofthe statute deals with river stability or dam safety during flood cycles All aggregate mining operations in effect since 1980 must comply with water augmentation standards enforced by the Colorado Division ofWater Resources. Types of permits required are dependent upon size of mining operation s and will be covered later in the chapter. In addition to these requirements the Urban Drainage and Flood Control District of the greater Metro Denver area published T ec hni c al R e vi ew Guid e line s for Grav e l Mining Activiti e s within or Adjace nt to 1 00-year Floodplain s in 1987. This publication is intended as a supplement to C R.S. 34 32-101 e t s eq. Currently in the State of Colorado the involvement of a landscape architect in reclamation planning and design of the post-mining site is not required The involvement of a landscape architect can exceed planning beyond requirements and engineered solutions to create a successful reclamation project which integrates ecological design and addresses human interaction for a multiuse site in sensitive habitats. Ecological rehabilitation can ensure the preservation and utilization of 85 Heifn e r Sand and Gra vel Minin g in C olorado 146 86 Adams County Background for Mining Criteria Development 3 43

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native vegetation for habitat creation in an effort to preserve the remaining percentage of Colorado's riparian habitats. The design profession also takes aesthetics into account with the human factor. The underutilization of the post-mining site in relation to potential uses riparian habitat education centers and interactive sites for example is not met with landscape cosmetics.' Current requirements clearly fall short in realizing the full design potential of the post-mining site in an urban setting especially in relation to riparian ecosystem rehabilitation and interactive sites This indicates a huge potential for design opportunities in the profession of landscape architecture Table 8: R eclamation crite ria sought after by MLR as set forth by 2 C.C.R 407-4 Rul e 3.B MLRB Criteria: 2:1 for side slopes 3: 1 slope for a distance of 5 feet horizontally above and 10 feet horizontally below water level 5:1 slope at water level and below where swimming is permitted 50 to 200 foot setbacks depending upon adjacent land uses soil composition (fertilization with artificial amendments added to replenish lost soil nutrients) vegetation criteria based on previous conditions (native vegetation is preferred due to its tolerance of local climatic conditions) habitat criteria based on previous conditions Colorado Legislation and Regulatory Entities Many western states have enacted their own mineral resource extraction laws with Colorado enacting the Colorado Mineral Resources and Mined Land Reclamation Act which established the Colorado Division of Reclamation, Mining and Safety ( DRMS) the Mined Land Reclamation Board and aggregate extraction 44

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reclamation requirements C.R.S. 34 32101 et seq pertain specifically to the forementioned. All applications for mining activities must be processed through DRMS an entity found within the Department ofNatural Resources and a Division of Minerals and Geology (DMG)-as well as comply with other applicable local, state and federal environmental standards. In 1965 Colorado created a voluntary reclamation program and the Colorado Open Cut Land Reclamation Act followed in 1969. However without adequate funding for administration and enforcement this legislation proved ineffective.87 The Open Mining Land Reclamation Act of 1973 established the permitting process, limited bonding reclamation timelines and standards for sand and gravel operators (as well as for other types ofrnining).88 A multitude of statutes and regulations govern the decision making process in mining. A system of checks and balances exists at local state and federal levels. Local laws and regulations must first be addressed-in the case studies presented here those for Park County and Adams County State statutes and regulations then involve the next level of scrutiny followed by federal statutes and regulations The governing agencies working in cooperation of the DMG (remember the DRMS is a division of the DMG) on mining issues are: The State Historical Society Colorado Division ofWater Resources (DWR) Colorado Department of Public Health and Environment (CDPHE) 8 7 Colorado Di v ision of Minerals and Geology. Min e d Land R e clama ti on in Colorado : A n O verview (Den v er CO : Colorado Department of Natural Resources n .d.), 2. 88 Ibid. 45

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U.S Bureau of Land Management (BLM) U.S. Forest Service (NFS) U.S. Army Corps of Engineers County Planning Department (signage; sewage and waste treatment; road and bridge department ; etc.) All applications for mining permits in Colorado must be submitted through DMG. The DMG and MLRB do not have jurisdiction over matters of air and water quality standards or water rights. Air and water quality issues fall under the jurisdiction of CDPHE which is the state agency given authority to address air and water quality issues relevant to federal statutes enacted as a result of the Clean Air Act of 1963, Air Quality Act of 1967 Clean Water Act of 1977 and Water Quality Act of 1987. The CDHPE has enforcement responsibility which has been granted by the Environmental Protection Agency (EPA); CDHPE authority can be superseded by the EPA if proper steps are not followed. The DWR handles all permit applications for water wells for the State of Colorado through the State Engineers Office which insures applicable water standards and compliance with Colorado water law Colorado Revised Statute Title 34 Article 32 C.R.S. 34 32.5-116 outlines duties of operators in regards to reclamation activities and as outlined in Table 7. The following excerpts are taken directly from C.R.S. 34 32.5-116 as they address grading replanting and pit lakes. C.R.S. 34 Mineral Resources can be found in its entirety at http: // www.michie.com/colorado / 2 C C.R. 407 et. seq can be found at http :// www.sos.state co us / CCR/Welcome do 46

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(4) Reclamation plans and their implementation are required on all affected lands and shall conform to the following requirements : ( a ) Grading shall be carried on so as to create a fmal topography appropriate to the fmal post-extraction land use selected in accordance with paragraph (m) of this subsection ( 4). (b) If earth dams are constructed to impound water the formation of such impoundments will not damage adjoining property or conflict with water pollution laws rules or regulations of the federal go v ernment or the state of Colorado or with any local water pollution ordinances. (f) In those areas where revegetation is part of the reclamation plan land shall be revegetat e d so that a div ers e effec ti ve and long lasting ve g e tati ve c o ve r i s es tabli s h e d that i s c apabl e of se lf-r e g e n e ration and is at least equal with respect to the extent of cover to the natural vegetation of the surrounding area Species chosen for re-vegetation shall be compatible for the proposed post-extraction land use and shall be of a d e qua te di ve r s i ty to es tabli s h s u cces sful r e clamation ( emphasis added ). (g ) Where it is necessary to remo v e overburden to mine the construction material topsoil shall be removed and segregated from other s poil. If such topsoil is not replaced on a backfill area within a period oftime short enough to avoid deterioration of the topsoil vegetati v e cover or other means shall be employed so that topsoil is preserved from wind and water erosion remains free of contamination and is in a useable condition for sustaining vegetation when restored during reclamation If, in the discretion ofthe board such topsoil is of insufficient quantity or of poor quality for sustaining vegetation or if other strata can be shown to be more suitable for vegetation requirements the operator shall remove segregate and preserve in a like marmer such other strata which are best able to support vegetation. ( h ) Disturbances to the prevailing h y drologi c balan ce of the affected land and of the surrounding area and to the quality and quantity of water in surface and groundwater systems both during and after the mining operation and during reclamation shall b e minimi ze d (emphasis added) Nothing in this paragraph (h) shall be construed to allow the operator to avoid compliance with other statutory provisions go v erning well permits and augmentation requirements and replacement plans when applicable 47

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(k) All affected areas to be seeded or to receive transplants shall be seeded or transplanted using reclamation practices and technique s acceptable to the office Planting methods include seedbed and seed preparation and soil amendments appropriate to the topography physical and chemical characteristics of the soil and selected plant species adequate to give best chance for successful reclamation. (n) Ifthe operator s choice of reclamation is for agricultural or horticultural crops that normally require the use of farm equipment the operator shall grade the affected land so the area can be traversed with farm machinery Preparation for seeding or planting fertilization and seeding or planting rates shall be governed by general agricultural and horticultural practices except where research or experience in such operat i ons differs with such practices. (p) If the operator's choice of reclamation is for the development of the affected land for home site recreational industrial or other uses including food shelter and ground cover for wildlife the minimum requirements necessary for such reclamation shall be agreed upon between the operator and the board In addition C.R.S 34 32.5-116 addresses permanent pools and lakes by directing that no planting is necessary where such landforms have been created. (II) No planting shall be required on affected land : (C) Where permanent pools or lakes have been formed Mining Permits Types of permits applicable to aggregate mining (paraphrased from DMG pamphlet):8 9 8 9 Colorado Div i s ion of Mineral s and G e olo gy Min e d Land R e clam atio n in C olorado 8 48

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110 Limited Impact Permitlimited size of acreage which can be disturbed; and for hard rock mining the extracted tons of materials per year ; material extracted is non-toxic or acid producing 111 Special Mining Permit sand, gravel and aggregate extraction for exclusive use on a government contracted highway or utility project 112 Regular Mining Operations for operations disturbing 1 0 acres or more per year and extracting more than 70 000 tons of material per year ; material extracted is non-toxic or acid producing 11 Od, 112d-1 112d2 and 112d3 Designated Mining Operations issued for operations ofhigher environmental risks than 110 111 or 112 permits; also based on size of disturbance and amount of material extracted per year; high environmental risk toxic or acid producing materials and toxic chemicals used in on site processing Corps of Engineers 404 Permit required when encroaching into the low flow channel of the river with fill Point source water quality issues are handled by the state through the National Pollutant Discharge Elimination System (NPDES) permit process. The Clean Water Act addresses non-point water issues in storm water regulations ; the CDHPE is the regulatory agency for non-point source water issues. Mined Land Reclamation Board The MLRB consists of seven board members five of whom are appointed by the governor. It is required that two have experience in the mining industry ; two have experience in conservation and environmental resources ; and one has experience in the agricultural industry The last two seats are occupied by the executive director of the DNR (Department ofNatural Resources) and a member of the State Soil Conservation Board. The MLRB serves as adjudicatory council over the Coal and Minerals Programs It does not have jurisdiction over local land use issues or those issues which fall under the dominion of other agencies. 49

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Only the MLRB has the authority to find an operator in violation of the Minerals and Mining Act the regulations pertaining thereto and the provisions of the operating permit. The intent of this chapter was to point out the defining statutes and entities governing reclamation of aggregate mining in Colorado Chapter 2 defined significance and significance of impact and looked at pertinent federal statutes. Both chapters were intended to illustrate the role the law and the regulation thereof in mining and reclamation. In addition no portion ofC.R.S. 34 32-101 e t se q addresses riv er stability or dam safety. Chapter 4 will now discuss the potential impacts associated with aggregate mining. In addition disturbance ecology and the invasion of species will also be briefly discussed disturbance of the land and invasion are consequences of surface mining Many approaches exist to reclaiming waste landscapes however the minimum requirements set forth in C.R.S. 34 32.5116 are usually implemented due to ease and cost effectiveness on behalf of the operator. Economics has been an argument against more stringent reclamation standards due to the increased costs to the operator who would then pass on the increased cost to the consumer thereby eliminating inexpensive aggregate to the public. Current minimum standards are economically expedient for the operator ; however the reclamation standards set forth by C.R.S 34 32-101 e t se q are generalized and do not address the biodiversity of Colorado such as differences in lowland and upland riparian ecosystems or issues related to specific local issues, communities environments and microclimates Reclamation has largely become known as back to original contour and revegetation in an effort to set ecological processes in motion on a former waste site The following differing approaches illuminate alternative design solutions and the potential of designed reclamation 50

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efforts which take other value considerations aesthetics designed solutions which engage the public urban environments etc .. -into account. 51

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CHAPTER4 IMPACT ECOLOGICAL DISTURBANCE AND RECLAMATION R eclamation or reclaiming is much more complex than quantitative considerations alone. More difficult to discern are the creative, ethical, aesthetic, spatial, temporal, naturalistic and philosophical effects of reclamation. From the qualitative point of view there are more questions to consider: Why do we reclaim disturbed landscapes? How are reclaimed land scapes perceived, and how do they evolve? Are there other cultural and environmental benefits of reclamation? Should we continue to pursue or even value reclamation as a landscape practice? If so, what might the results be? "90 Any mining activity inherently causes impacts. In aggregate mining there is obvious disturbance of the surface in addition to the potential effects on groundwater, surface water and water bodies in the vicinity or downstream ( a.k.a water quality and quantity) aquatic and terrestrial vegetation and wildlife, soil quality and erosion, air quality and impact on cultural resources to name a few. As has been demonstrated environmental legislation and regulations in place are an attempt to limit, control and offset many of these impacts. Two sources were reviewed to discuss potential impacts: Hardrock Mining on Federal Lands and R eport on the Environmental Setting and Potential Impa cts of the Propos ed D estiny Gold Mine Potential Impacts of Aggregate Mining The National Research Council covers potential environmental impacts of hardrock mining in its published report Hardrock Mining on Federal Lands. 90 Berger R ecl aiming the American West, 15. 52

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Although the report focuses on hardrock mining these are also impacts applicable to aggregate mining operations. The following impacts are taken and paraphrased from that report (Chapter 2 and Appendix D). I. Ground and surface water. Groundwater withdrawal for processing can create a cone of depression in local aquifers resulting in reduced quantity and levels Pit lakes can form when surface mines fill with water altering water quality through discharge and quantity through evaporation Hardened surfaces reduce the ability of absorption and percolation ; runoff from roads can carry excess sediment oil from vehicles and accelerate the rate of runoff. Stored topsoil and backfill materials alter landform and can interfere with surface water drainage patterns. Topsoil overburden pretreated for preparation in reclamation can leach excessive artificial fertilizers to existing water bodies. 2 Vegetation Pristine or rare plant communities in mountainous terrain are of special concern Use of and distribution of non-native plant species can be introduced during reclamation and/or by dispersal from vehicular traffic. Landscape degradation is inevitable due to surface disturbance in surface operations (Remember sand and gravel removal is considered a surface operation.) 3. Wildlife Roads create significant impacts on movement and migration patterns of wildlife by creating barriers and fragmenting habitat. Wildlife waterfowl migratory birds and aquatic life may be affected through bio-concentration that is the consumption of plants aquatic plants and other wildlife contaminated by sediments potentially causing increased levels of toxicity. Fragm e ntation of habitat and barriers to mov e m e nt ar e e sp ec iall y noti c eabl e in relation to smaller mammal s (emphasis added) 4 Soil. Erosion can be caused from road construction and disturbance of topsoil. Alteration of soil quality and structure is also a potential impact. 5. Air. Fugitive dust from overburden piles and added dust from roads can affect air quality The potential for added air pollution also exists from tailings road surfaces and heavy machinery operation. In general the activities of mining loading dumping and crushing are potential sources of fugitive dust. 6. Noise. 53

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Generation of noise can affect wildlife and modify human behavior Noise levels can rise due to increased roads heavy equipment operation and processing operations Extreme disruption from increased noise levels can interfere with animal reproduction and/or force animal populations to relocate. Other examples of potential impacts at the Destiny Mining site are provided by Tom Williams Senior Restoration Ecologist in his R eport on the Environmental S e tting and Pot e ntial Impa c t s of the Propo sed D e stin y Gold Min e Loc at e d on 80 A c r e s of BLM Land n ear Fairplay, Colorado are in relation to soil quality and native vegetation. The site in its current state supports sensitive high altitude native grassland and forest plant communities. The proposed reclamation plan indicates topsoil overburden to be stockpiled and replaced upon completion of mining. A high percentage of the biological component of the soil will be lost in this action It is well documented and readily visible in other remnants of mining activities in the immediate vicinity from the past that native vegetation is difficult to reestablish at this elevation. A revegetation process of at least fifty years is estimated to reestablish the site to similar pre-existing conditions or a native plant community. The submitted reclamation plan only offers artificial replacement of lost nutrients to the soil and a one-time reseeding of the pit at a slope of 3 : 1 in an area that is currently flat. The above impacts are of course generalized and would need to be analyzed in depth on a case by case basis dependant on site. Surface disturbance is an inherent impact of surface mining ; the most visually apparent impacts are the alteration of the surface topography and alteration of surface vegetation In addition disturbance of terrestrial vegetation leads to invasion of non-native species.9 1 9 1 Thi s paper refers to inv asi v e species as those that are non-native and a g gressi v e and/or tho s e which c rowd out v egetation nati v e to Colorado 54

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Disturbance and Invasion The human inflicted ecological disturbance of aggregate mining is traumatic in nature-abrupt sudden and devastating changes are equivalent to shock; aggregate extraction quickly alters the visual landscape and leaves openly visible wounds and scars on the earth s surface. Aggregate mining is moving earth. Removal of topsoil, subsoil and unusable material is necessary to extract the desired product and earthmoving is an expensive process. In addition, each movement results in a 15% loss of topsoil and severe degradation occurs over time. 92 Often this overburden must be handled more than once if not placed strategically or if simply placed to remove it from the mining area Repeated movement increases topsoil loss and operational costs. In Reclamation: Taking the Right Steps Planning and purpose are two goals of a successful reclamation strategy an article in Pit and Quarry magazine, Darren Constantino suggests planned earthmoving as cost effective and states, .. building useable land as an integral part of a planned mining and earthmoving program should result in the placement of earth material in the right location the flrst time and with little or no increase over basic topsoil and subsoil stripping."93 Constantino asserts that this can be achieved through planned reclamation with an end purpose. Typically to avoid soil degradation seeding takes place on stockpiled topsoil. However if seeding is not carried out properly disturbed soil is open ground for invasive species 92 Arbogast Knepper and Langer. "The Human Factor ," 15. 93 Darren Constantino Reclamation : Taking the Right Steps Planning and purpose are two goals of a successful reclamation strategy ," Pit & Quarry Feb 2001 ,2. 55

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Disturbance of land lends itself to species invasions In relation to human interference, this is mainly through cultivated land (recall the total landmass utilized for agriculture at 60 to 70% in the US) or land modified by other human practicesfire, timber harvesting, water diversion and of course mining. The post-mining landscape is environmentally unstable and likewise susceptible to the invasion of exotic and invasive species. An ecological invasion-or explosion-is the enormous increase in numbers of an organism. Elton uses the term 'explosion' for this phenomenon "because it means the bursting out from control of forces that were previously held in restraint by other forces. "94 Ecological explosions can develop and die slowly and therefore be imperceptible, however their long term effects can be detrimental. Outbreaks of populations can happen naturally or through introductions deliberate or accidental. Not all introductions are harmful; however all do change the balance of native species. The spread of non-native species has been widely brought about by the movement of humanity and the intentional introduction of agricultural crops, grasses, garden plants and forest crops. 95 We are currently living in a period of the world's history in which "the mingling of thousands of kinds of organisms from different parts of the world is setting up terrific dislocations in nature."96 In addition, the human population is increasing exponentially and with it man's desire for more resources Alan Berger in Reclaiming the American West noted there are several pressures facing the American 94 Charles Elton, The Ecology of Invasions by Animals and Plants (London: Methuen & Co. Ltd., 1958) 15. 95 Elton The Ecology of Invasions 51. 96 Ibid 18. 56

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West in resource development the amount ofland controlled by the federal government and the location of resources and their inevitable development. 97 This is one component ofthe bottom line of reclaiming the post aggregate mining site in an urban setting. Anytime the demand and quest for more is made into unexploited territory there are new ecological disturbances and the stage is set for new invasions Reclamation is an attempt to set ecological processes in motion. A decrease in richness and variety of species is evident on land exploited and simplified by man creating monocultures for agricultural timber and rangeland purposes. These issues are relevant in relation to the disturbance caused by mining operations and the simplification of the landscape ecosystem in post-mining reclamation. The battlefield of invasive species takes on three different fronts quarantine eradication and control. Due to the nature and duration of mining operations and the resulting explosion of invasive species in the post-mining site the efforts of eradication and control are utilized. Eradication and control contribute to the use of chemical controls and the application of herbicides. Invasive species are prevalent at the Thornton Pit and would be a result at the proposed Destiny Mining site due to the difficulty of establishing native plants at altitude and the one-time reseeding plan in place Some of the native and common invasive species found at the Thornton Pit are discussed below in relation to how non-natives take over and alter the riparian habitat. Plains cottonwood an indicator species of a riparian habitat in eastern Colorado requires spring flooding and wet conditions for germination through seed dispersal bare moist substrates that are created by spring flood flows and 97 Ber g er R ecl a i min g the A m e ri c an West, 16. 57

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subsequent decline in water levels. 98 These conditions must likewise exist for peachleaf willow a n d sandbar willow shrubs also native indicator species. Covich Fausch and Strang e cover the historical morphology of the South Platte River in Sustaining Ecosyst e m Services in Human-Dominated Watersheds: Biohydrology and E c o sys tem Pro cesses in the South Platte Riv e r Basin. The South Platte prior extensive agricultu r al and domestic use experienced high spring flow levels abundant in fme sediments c r eating a wide, shallow braided channel with shifting sandbars and alluvial islands.99 This promoted the generation of native plants of the Salicaceae family (cottonwoods and willows). Since the 1930 s water diversions from the western slope have been implemented to augment the declining supply of water in the South Platte ; in addition, there are 15 inter basin diversions from the West Slope 500 irrigation ditches a n d 1 000 reservoirs that remove water for agricultural and domestic use .100 As a result the river s channel has been highly modified by channelization and other structura l modifications and the invasion of shade-tolerant exotic plants has been allowed to ta k e place .1 0 1 Russian oli v e an introduced and invasive species will not germinate under wet conditions T h e result of altered river ways and spring flood patterns caused by development allows the Russian olive to win out in the battle for ground Changes in riparian vegetation due to altered hydrology affect habitat and food resources for 98 Gladwin and Roelle "Establishment of Woody Riparian Species from Natural Seedfall at a former Gravel Pit ," R estor ation Ecology Vol. 7 no 2: 185. 99 Alan P Co v ich Kurt D. Fausch and Elizabeth M Strange Sustaining Ecosystem Services in Human-Dominated Watersheds ," Environm e ntal Manag e m e nt, Vol. 24 no. 1: 42. 100 Ibid 42. 101 Ibid 44. 58

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riparian fauna. It is estimated that one third of the native Colorado bird population will be reduced due to loss ofhabitat and the continued succession of Russian olive in place of grassland.102 In addition, the Russian olive does not support insects which birds normally feed on, nor is the wood of the tree suitable for cavity-nesting Another exotic species Tamarisk or Salt Cedar, was initially introduced as a measure against soil erosion in the US. It has now become naturalized and displaced native willow species in riparian areas. Salt Cedar has no natural enemies and is likewise not conducive to supporting wildlife for feeding or nesting. Kochia varieties are introduced annual plants and reproduce by seeds ; they are commonly found in cultivated fields and waste places. Its proliferation at the Thornton Pit now dominates a large expanse of the site which could be native grasses that would support native wildlife. Thistle varieties are also prevalent at the Thornton site and these aggressive perennials choke out native species due to their hardy root systems Thistles are most prevalent along the water's edge at streamside and pit lake slopes. Disturbance then sets the stage for invasive explosions which is readily evident at the Thornton Pit. Native species cannot compete with aggressive non natives in a newly established ecology 102 Covich Fausch and Strange Sustaining Ecosystem Services in Human-Dominated Watersheds 47. 59

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Reclamation lS: "R l . if h ,JoJ ec amatwn, at present lS more o an art t an a sclence. Reclamation as defmed by the Colorado Open Mining Land Reclamation Act .. the employment, during and after an operation, of procedures reasonably designed to minimize as much as practicable the disruption from an operation and provide for the establishment of plant cover stabilization of soil protection of water resources, or other measures appropriate to the subsequent beneficial use of such affected lands. "1 04 Ecological succession of the post-mining site is in part dependent upon predetermined post-mining land uses usually specified by zoning and land use regulations and the reclamation practice of choice. Site alteration and the disturbance of geology topography, soil components, flora and fauna habitat caused by mining operations are also a determinant of the post-mining emergent landscape. The extractive process of mining leaves scars on the landscape and is often left with minimal reclamation requirements being met. Small mining operations often cannot justify the cost to benefit ratio of including extensive reclamation plans and implementation of recovering the post-mining landscape past these requirements. Despite fmancial assurances, reclamation and maintenance costs often become the burden of taxpayers. However Adams County claims "Protection of the South Platte 103 Heifner Sand and Gravel Mining in Colorado," 146 104 Arbogast Knepper and Langer The Human Factor ," 6 Quoting Colorado Senate 1995, Colorado Land reclamation Act for the Extraction of Construction Materials. C.R .S. 34.5. 60

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River corridor is not a function of private enterprise. It is a governmental function."105 Does that then include the responsibility of reclamation post-mining? Post-mining land use lends itselfto a multitude of possibilities through a wide spectrum of potential land uses ranging anywhere from agricultural to recreational. Successful reclamation is capable of creating endless possibilities in a post-mining landscape and many approaches to reclamation exist. Historically there has however been a general lack of cohesiveness in approaches to reclamation between cities and counties along the front range which has led to a series of unrelated river front spaces. The greater Metro Denver area practices four general landscape reclamation types including water storage for city use, open green space and wildlife habitat, recreational space and camouflage ('landscape cosmetics' and hidden scenery) .106 The lack of cohesiveness in these approaches creates a patch work of river landscapes not conducive to a larger corridor matrix. Mira Engler outlines several strategies for reclamation of waste sites in Waste Landscapes Permissible Metaphors in Landscape Architecture. Likewise in its Colorado Front Range Resources Project The Human Factor in Mining Reclamation the USGS has subdivided reclamation activities into several categories to approaching reclamation. Many of these approaches are overlapping, however each is usually considered to belong to "a distinct discipline or profession, representing varying values, interests and outlooks."107 These design approaches are covered in detail in both articles, however a quick bullet point and brief description of each are provided 105 Adams County Background for Gravel Mining Criteria Development ," 20. 1 06 Arbogast Knepper Melick and Hickman "Evolution of the Landscape along the Clear Creek Corridor 12. 107 Engler Waste Landscapes," 15. 61

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in Table 9 at the end of this chapter. The categories put forth by Arbogast, Knepper and Langer (USGS article authors) are inspired by and derived from Engler's work on reclaiming waste landscapes. However only a few of these approaches-restoration, mitigation integration, and utilitarian versus rehabilitation will be discussed here in relation to this thesis as they most closely address sensitive habitat rehabilitation and the preservation of endangered habitats in urban, suburban and ex urban settings. The most recent definition of restoration from the Society for Ecological Restoration states : "Ecological restoration is the process of assisting the recovery of an ecosystem that has been degraded damaged or destroyed. "108 Within the field of restoration ecology questions and debates arise as to the validity of restoring a habitat to a past condition and maintaining it in that state; restoring to previous habitat and allowing ecological changes to occur naturally ; the historical and ecological integrity of a site; and the desired biodiversity and functioning ecological systems attainable in restoration. Restoration represents certain values and places one type oflandscape above another ; and, "does create a new viable landscape for wildlife and does reconstruct 'nature' for people, but is just another form of masking waste ."10 9 An argument for the restorative approach includes the recapturing of the genus loci ofthe pre-disturbed landscape and its function. After SMCRA 108 Stuart Allison You Can't Not Choose: Embracing the Role of Choice in Ecological Restoration ," R es toration Ecology, Vol. 15, no.4 : 602 Quoting the Society for Ecological Restoration Science and Policy Working Group 2002. 109 Engler Waste Landscapes ," 17. 62

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0 flow. no B ....-.-... --Pill Eorl)Su< loool l 'nhounld Ot"' eye 1 Lui<) C\"C F('wQ,ck I c\'A"'fks hh l.tlO.'!Ie S''At.nit A rt.culation lAt Succe.uif"lA I ( CUm Rounded Coo -LrainOO Adult sao.. t.o.. rccundft San'm' ichc Cornplu Jo.. Clo:M.-d ( R4.-n a rutc Equ,l,brtut n Equilibrium t.,o"Acr frH f..nerty a1ld Exerey Hither rre(! and ShOfter ocrt v Rdidonoc n..w Lon r F.IM!"' R !de n nmll Entropy Prod uetion I ncreases durin& la(untlk:lfl Gro-.:th ,and C01nplu.IO"*tlon Spect(ic EUCrop)' f'rodu<:Uon ( Emrup Production fMlt Unit of Flow, o r lnfomlllhOn ) th DcwJopn t c.ll. Smell Si.. lA'# Sk.e-trlplex. Stru ct.ur ith Mlln) lliern:hieall.c\cls. llkrarchiall.t.:w:ll ()ion! Parts) Leal Complex Ok't!r"'k)' C'.omploe.x. fll&tu.'1' l>h'Cniit y Lmu.!r A\: ,.. loturu.tl Jligher A\"\.'rato Mutual lntonnation lnform.IUitll\ l..olw'i!r S, t nt Efficienc y llf&her TIME Figur e 3: Ecological success ion c hart D e mon stra t es duration of sys t e m development and e n ergy 110 Eric D Schneider "Eco logical succession and its role in landscape reclamation ," in D esigning the R e claimed Landscape ed. Alan Ber ger (New York: Princeton Architectural Press 2002) 46. 63



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RECLAMATION OF SENSITIVE HABITATS AT AGGREGATE MINING SITES IN COLORADO by Lisa Clement B.A., Washington State University, 1992 B.F.A., Washington State University, 1992 A thesis submitted to the University of Colorado Denver in partial fulfillment of the requirements for the degree of Master of Landscape Architecture 2011

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20 11 by Lisa Clement All rights reserved.

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This thesis for the Master of Landscape Architecture by Lisa Clement has been approved by Charles A. Chase, Chair ... Robert W. Micsak

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Clement, Lisa Lynn (M.L.A. Landscape Architecture) Reclamation of Sensitive Habitats at Colorado Aggregate Mining Sites Thesis directed by Senior Instructor Charles A. Chase ABSTRACT The most commonly practiced form of mining is aggregate extraction the removal of sand and gravel for construction and landscape uses. Aggregate resources are found in riparian habitats and the resulting disturbance and loss of habitat caused by gravel extraction prompted research into post aggregate mining reclamation requirements in Colorado and was driven by the following question: Are current reclamation requirements for post-mining aggregate sites adequate in addressing ecological system rehabilitation and human interaction in the post-mining site? In addition, the following questions needed to be addressed to answer the first: What ethics and values are reflected in reclamation policies? What current environmental policies and requirements are in place for reclamation post aggregate mining at state and federal levels? What practices are utilized in other reclamation projects in general? What is the role of the landscape architect in the process and how can the profession address the leading question? My research is divided in two phases. A literature review was conducted covering the history of environmental ethics in relation to mining and resource conservation which revealed Western society's ethics and explained current interactions with nature. A review of environmental policy at the federal and state

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levels determined statutes and regulations in place for aggregate mining and explained reclamation requirements. Research into environmental impacts of surface mining operations and reclamation approaches practiced in a myriad of situations was also explored. This revealed the underutilized potential of the post mining site and how the landscape architect can bring about design solutions which address ecological systems and human interaction in the urban environment. The second phase presents two aggregate mining sites to illustrate implementation of minimum reclamation requirements sought after by the MLRB. Destiny Mining, a proposed aggregate extraction operation in Park County and the Thornton Pit in Adams County are selected examples and aspects-pit lakes, vegetation zones, river's edge, human interaction of each site are developed in design charettes. The charettes demonstrate the benefits of the involvement of a landscape architect in reclamation planning prior to mining activities and illuminate other value considerations which must be taken into account to create a successful post-mining landscape honoring riparian habitat rehabilitation which allows for human interaction. Research concluded that current reclamation standards are minimal thus creating "landscape cosmetics" rather than seriously addressing the reestablishment of riparian systems and/or taking the human factor into account. Gravel extraction adheres to Cartesian reductionism and resource conservation ethics of early 201h century America. A landscape architect's involvement in the reclamation design process is not mandated in Colorado-ergo solutions are typically engineered and meet minimum requirements set forth by the MLRB. The realm of aggregate mining reclamation offers up a world of creative design opportunities which incorporate ecological system health and human interaction.

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This abstract accurately represents the content of the candidate's thesis. I recommend its publication. Charles A. Chase

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DEDICATION This thesis is dedicated to my daughter, Natalie Lynn Clement, who is my impetus for stewardship.

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ACKNOWLEDGEMENT Acknowledging my thesis chair and committee is appropriate here. Charlie thanks for your patience with my temperament; Ann thanks for your academic professionalism; and Bob thank you for your input and encouragement. In addition, thanks to Tom, my best friend, for your moral support and assistance throughout my education. Lastly, thanks to my immediate family for your love.

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Figures Tables Preface Introduction CHAPTER TABLE OF CONTENTS I: ENVIRONMENTAL ETHICS XI Xlll XIV XVlll Dominant Paradigm Shifts in Environmental Thought 2 Early US Settlement and Approaches to Natural Resource Management 13 Aldo Leopold and the Land Ethic 19 A New Paradigm for Landscape Architecture? 22 2: FEDERAL STATUTES AND REGULATIONS 26 Defining 'significance' in Relation to Impact: Understanding Why Aggregate Sites are Considered 'benign' Pertinent Federal Statutes and Recent Environmental Legislation NEPA (42 U.S.C.) Determining if an EA or EIS is Appropriate FLMPA (43 U.S.C.) and Multiple Use Mining Law of 1872 Mining and Minerals Policy Act of 1970 3: THE STATE OF AGGREGATE MINING, PUBLIC PERCEPTIONS AND CURRENT STANDARDS Vlll 27 30 31 33 36 36 38

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Negative Perceptions ofthe Mining Industry 40 Aggregate Mining in Colorado 42 Current Reclamation Standards and Practices 43 Colorado Legislation and Regulatory Entities 44 Colorado Revised Statute Title 34 Article 32 46 Mining Permits 48 Mined Land Reclamation Board 49 4: IMPACT, ECOLOGICAL DISTURBANCE AND RECLAMATION 52 Potential Impacts of Aggregate Mining 52 Disturbance and Invasion 55 Reclamation 60 5: TWO CASE STUDIES REFLECTING IMPLEMENTATION OF MINIMUM REQUIREMENTS The Role of the Landscape Architect Riparian and Lentic Habitat Considerations Destiny Mining, Park County Thornton Pit, Adams County 6: CONCLUSION Conclusion Personal Coda IX 72 73 75 80 93 109 109 118

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APPENDIX A B SELECT ANNOTATED BIBLIOGRAPHY BIBLIOGRAPHY X 121 132 146 151

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LIST OF FIGURES Figure i.1 Aggregate Mining Sites Around Fairplay Terra Server Image i.2 Abandoned Dredge Tailings Berger 4.3 Ecological Succession Chart Schneider 4.4 Gravel lakes of the Front Range Berger 4.5 Aggregate Mining along the South Platte Berger 5.6 Pit Lake and River's Edge Diagrams Clement 5.7 Destiny Mining Site No Fairplay Mine Coalition 5.8 Fairplay West Quadrangle USGS 5.9 Colorado Mineral Belt USGS 5.10 Photo Destiny Site Clement 5.11 Photo Destiny Site Clement 5.12 Photo Destiny Site Clement 5.13 Destiny Context and Identity Clement 5.14 Existing Destiny Habitat Clement 5.15 Destiny Habitat Considerations Post Mining Clement 5.16 Destiny Post Mining Pit Lake Diagrams Clement 5.17 Destiny Recreation Post Mining Clement 5.18 Destiny Recreation Post Mining Clement 5.19 Four Phase Extraction Map Clement XI

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5.20 Geologic Strata of Thornton Pit Clement 5.21 1 00 Year Floodplain Map Clement 5.22 Photo Thornton Pit Site Clement 5.23 Photo Thornton Pit Site Clement 5.24 Photo Thornton Pit Site Clement 5.25 Photo Thornton Pit Site Clement 5.26 Photo Thornton Pit Site Clement 5.27 Photo Thornton Pit Site Clement 5.28 Thornton Context and Identity Clement 5.29 Thornton Site Map Clement 5.30 Thornton Reclamation and Soils Clement 5.31 Common Birds of Adams County Clement 5.32 Garden Zones and Vegetation Clement 5.33 Fishing Deck; Bird Watching Clement 5.34 Recreation Path and Utility Easement Clement A.35 Location Map of Destiny Mining BLM A.36 Flowchart of Gravel Processing BLM A.37 Processing Equipment Diagram BLM B.38 Thornton TRS DRMS B.39 1982 Mining Plan DRMS B.40 1982 Reclamation Plan DRMS B.41 Revised Reclamation Plan DRMS Xll

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LIST OF TABLES Table 1.1 Attitudes of Paleolithic Man 12 1.2 Attitudes of Judea-Christianity 13 1.3 Differences in Organic and Mechanistic Nature 13 1.4 US Settlement Acts 15 1.5 Attitudes of Resourcism 19 1.6 Bioand Ecocentrism 21 2.7 Environmental Legislation Timetable 27 3.8 MLRB Criteria 44 4.9 Approaches to Reclamation 70 5.10 Woody Plants Adapted to Reclamation 78 5.11 Static Water Levels of Wells in Destiny Vicinity 83 5.12 Hodden Soil Characteristics 83 Xlll

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PREFACE "When one hears a story one takes pleasure in it for different reasons -for the euphony of its phrases, an aspect of the plot, or because one identifies with one of the characters. "1 Although there is generally no room for casual language, anecdotes or humor in thesis writing, a thesis is an expression of the author and reflective of what the author finds important or holds dear ergo this preface. Fairplay Colorado equals home; Breckenridge Colorado equals work. The daily routine of driving from Fairplay to Breckenridge stretches 23 miles north on Colorado Highway 9. On the stretch ofthe Middle Fork ofthe South Platte between Fairplay and Alma, circa 9 miles, lie several highly visible mining operations South Park is unique geographically and the open expanses which meet the eyes descending Hoosier Pass are breathtaking. These expansive views are enjoyed on any descent into the valley from Kenosha Pass, Red Hill Pass and Trout Creek Pass. 10,000 ft. peaks accentuate the high plains meadows which stretch for seeming miles on end. The deep blue of Rocky Mountain Iris line the roadsides in early spring; brilliant red Indian Paintbrush speckle the meadows in June; varieties of Penstemon offer up hues of pink and purple in the summer; and Elephant's Head provides a wave of purple on the green grass fields in autumn. Aspen groves dot the lodgepole forest not yet completely infested or destroyed by pine beetle and provide an awe inspiring array of analogous fall colors in September. Winter provides a white blanket of snow. The landscape is truly beautiful. 1 Barry Lopez, Crossing Open Ground, (New York: Vintage Books, 1989), 66. XIV

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Yet in defiant contradiction to this spectacular beauty, this landscape still reveals the effects of the mining booms from 160 years ago. The river banks of the Middle Fork descending into Fairplay still reflect the erosive forces of hydraulic mining; in places piles of gabion stand 50 ft. high only 150 ft. from the roadside of Highway 9 as monuments to dredging; and the current gravel mining operation in Alma is so large it provides the backdrop to this quirky mountain town. When the Destiny Mining aggregate mining operation was proposed on BLM land next to the southern edge of Fairplay, residential development and the Middle Fork in 2009, an independent study at UCD was taken to learn more about mining. The impetus was to learn the statutes and regulations governing mining operations, the history of this legislation and mining in the United States, post-mining reclamation practices and the environmental ethics of western society. That independent study led to the formation of this thesis. This then is a story; this is a 'me-sis': me-sis: l. A formal and lengthy research paper written in academic prose based solely on the ego of the perpetrator; a work of 'original' research written in partial fulfillment of a master's degree 2. An unproved statement assumed as a basis for insanity usually leading to mental breakdown XV

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Figure I: TerraServer image of Fairplay and surrounding aggregate mining operations. XVl

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Figure 1: Abandoned dredge mining operation south of Fairplay. Last decade of operation 1940; the tailings are currently being utilized for highway construction projects. 2 2 Alan Berger, Reclaiming the American West, (New York: Taylor and Francis, 2008), 101. xvn

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INTRODUCTION "In short, human use has dramatically altered the location, species composition, and processes of .. [riparian areas}, but has not [yet} eliminated these ecosystems. Now as never before, careful planning is needed to balance human activities with the ecology of these environments, if the remaininf natural qualities of these lands are to exist for future generations. The most commonly practiced form of mining is aggregate extraction and aggregates are a non-renewable resource. Aggregate extraction involves the removal of sand and gravel to be used in the fabrication of construction and landscape materials as well as other purposes. Aggregate resources are found in alluvial, fluvial and glacial deposits and removal must occur where resources are found. Thus gravel mining generally occurs in critical and sensitive areas riparian habitats. It is estimated that 90% of Colorado's riparian habitats have been lost to development agriculture, the built environment and sand and gravel mining.4 Reclamation of sand and gravel mining sites was mandated by Colorado with the formation of C.R.S. 34 3 Cornelia Fleischer Mutel and John C. Emerick, From Grassland to Glacier: The Natural History of Colorado and the Surrounding Region, (Boulder: Johnson Books, 1992), 66. 4 Belinda F. Arbogast, Daniel H. Knepper and William H. Langer, The Human Factor in Mining Reclamation, (Denver, CO: USGS Department of the Interior, 2000), 5. It should be noted here that riparian and wetland are often interchanged. The definitions utilized for the purposes of this paper are those used by the Colorado Division of Wildlife and follow: "Riparian areas are those plant communities adjacent to and affected by surface or ground water of perennial or ephemeral water bodies such as rivers, streams, lakes, ponds, playas, or drainage ways. These areas have distinctly different vegetation than adjacent areas or have species similar to surrounding areas that exhibit a more vigorous or robust growth form." "Wetlands are those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas." http://ndisl.nrel.colostate.edu/riparian/Ripwetdef.htm XVlll

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32-101 et seq. and the subsequent formation ofthe Mined Land Reclamation Board in 1976. In the past, much of the financial responsibility of remediation efforts taken in mining operations gone awry has fallen on the taxpayer; ergo reclamation assurances are now also mandatory in Colorado. Requirements for reclamation of gravel pits give consideration to remaining pit slope, soil stability and previous habitat and wildlife considerations. Current minimum standards clearly fall short in reclaiming the aggregate post-mining site in relation to sensitive habitat rehabilitation and engaging people. The Question(s) The surface disturbance caused by aggregate removal as well as the loss of sensitive riparian habitat prompted research into post aggregate mining reclamation standards, practices and outcomes in the State of Colorado. My research was driven by the following question: Are current reclamation requirements for post-mining aggregate sites adequate in addressing ecological system rehabilitation and human interaction in the post-mining site? In addition, the following questions needed to be addressed to answer the first: What ethics and values are reflected in reclamation policies? What current environmental policies and requirements are in place for reclamation post aggregate mining at state and federal levels? What practices are utilized in other reclamation projects in general? XIX

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What is the role of the landscape architect in the process and how can the profession address the leading question? These questions were answered in two phases and the research is presented throughout the body of this work. Research Approach In order to address the above questions, research was conducted in two phases. The first phase included a literature review and a survey of the history of environmental ethics in relation to the mining industry and resource conservation including a short discussion on Aldo Leopold whose 'land ethic' was pivotal in considering humanity's actions upon the land. A review ofthe literature on environmental ethics was necessary to reveal Western society's attitudes and interactions with nature. This research also exposes the effects of current ethics and values on environmental legislation and legislation in effect at local, state and county levels which dictate aggregate mining reclamation standards. An examination of the current aggregate extraction situation in Colorado led to a review of current environmental policy at the federal and state levels in order to determine statutes, regulations and requirements in place for reclaiming the post-mining aggregate site. The next section of the first phase covered the potential environmental impacts which must be taken into consideration for mitigation of environmental issues before, during and after mining operations. Lastly a journey into reclamation approaches practiced in a myriad of situations was undertaken to discover what the potential is of the post mining site and how the landscape architect can design with ecosystems and human interaction in mind. XX

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Writings on environmental ethics abound and several were used as sources of information regarding mining debates and paradigm shifts in ecological thinking which explain humanity's interactions with the environment. FritofCapra's The Turning Point: Science, Society and the Rising Culture, Aldo Leopold's A Sand County Almanac, Peter Marshall's Nature's Web: An Exploration of Ecological Thinking, Carolyn Merchant's Death of Nature: Women, Ecology and the Scientific Revolution, and Max Oelschlaeger's The Idea of Wilderness. These authors provide differing insights into paradigm shifts and environmental ethics due to professional perspectives. Values as an extension of ethics are reflected in humanity's interactions with nature. US government values largely formed early settlement laws and land give-aways; public values were behind and influenced the formation of environmental legislation in the 1960's and 1970's. As a result, a brief history of major paradigm shifts in environmental ethics is covered in Chapter 1. This brief history of paradigm shifts in nature thinking reveal dominant thoughts towards nature and Western society's relationship to nature. This explains the values behind legislation in effect in the US, the current state of aggregate mining in Colorado and reclamation requirements. It follows that legislative acts are a reflection of a society's ethics and values. Since federal law supersedes state law, a portion of the research examined the National Environment Protection Act (NEPA), the Federal Land Policy Management Act (FLPMA) and the Council on Environmental Quality (CEQ) regulations. Selected portions of these federal statutes and regulations were deemed important in understanding the 'benign' designation of sand and gravel extraction and defining 'significance' and 'significance of impact' in relation to mining operations on federal lands managed by the Bureau of Land Management (BLM). Typically aggregate extraction is considered a benign operation meaning non-toxic so defining XXI

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'significant impact' in relation to mining operations was useful in understanding the proliferation of aggregate sites in Colorado. NEPA supersedes state and local environmental policy and dictates the implementation of an Environmental Assessment (EA), an Environmental Impact Statement (EIS) or a Finding of No Significant Impact (FONSI) depending on significance of effects. FLPMA was formulated in an effort to combine and standardize regulations in place for the BLM. FLPMA was consequential in the definition of 'multiple use' on federal lands. In addition, a brief look at the recent Mining and Minerals Policy Act relating to US policy on mineral resource development was completed. The Mining Law of 1872 and the MMP A are indicators of the strong mining history and interests of the US. Lastly, Colorado State legislation was covered. C.R.S. 34 32-101 et seq. pertains to Mineral Resources (including aggregate resources) and the Mined Land Reclamation Act. Specifically C.R.S. 34 32-101 et seq. outlines reclamation requirements and the subsequent establishment and makeup of the Mined Land Reclamation Board (MLRB) were considered important in relation to research. The definition of significance as set forth by NEPA, statues and regulations is covered in Chapter 2. Impacts must be investigated on a case by case basis; however typical considerations in mining operations are ground and surface water quality and quantity, flora and fauna, soil erosion, air quality and noise pollution. Two sources were utilized to investigate these potential impacts: Hardrock Mining on Federal Lands and Report on the Environmental Setting and Potentia/Impacts of the Proposed Destiny Gold Mine. The consequence of surface disturbance in aggregate extraction and the resulting potential for the establishment of non-native plants and invasive species also led to a cursory glance into the realm of ecological invasion and the review of the seminal ecological work of Charles Elton in The Ecology of Invasions by Animals and Plants. In addition, mandated reclamation is only a XXll

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relatively recent phenomenon with no set models. There are many approaches to reclamation, however it is only necessary in Colorado to meet requirements and criteria set forth by C.R.S. 34 32-101 et seq. and the MLRB which follows the specifics outlined in Code of Colorado Regulations 2 C.C.R. 407-4 Rule 3. A survey into current reclamation practices outside of minimum requirements was performed in an effort to illuminate the underutilized post mining potential of aggregate mining sites underutilized in this case referring the depletion of riparian ecosystems and habitat; designing for the involvement of the general public in an urban setting; aesthetics and other value considerations beyond resource extraction. A combination ofworks from a variety of sources and perspectives were reviewedbooks and journal articles from the disciplines of ecology, restoration, United States Geological Survey (USGS) scientists and landscape architects. Impacts, ecological invasion and general approaches to reclamation are covered in Chapter 4. The second phase of research covered two aggregate mining sites to illustrate implementation of reclamation plans adhering to Colorado State reclamation requirements and the criteria sought after by the MLRB. Selected aspects-pit lakes/ ephemeral ponds, vegetation zones, habitat zones, river's edge, utility easements and residential proximity -of each site are developed in design diagrams. The first case study focuses on Destiny Mining, a proposed aggregate extraction operation on the Middle Fork ofthe South Platte in Park County located on BLM land. The second case study revolves around the Thornton Pit on the South Platte, in Adams County. The Thornton Pit is a completed project on private land now given over to the Adams County Open Space Plan. The choice of these cases was made to aide in identifying the differences in negotiating environmental policy on federal versus private lands. An added intention of the diagrams is to illustrate the benefits of the involvement of a landscape architect in reclamation planning prior to mining activities. The intent of XXlll

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the design diagrams is not only to illustrate the benefit of the involvement of a landscape architect, but also to address typical issues encountered in aggregate mining operations; the mitigation of those issues through design processes and to illuminate other value considerations which must be taken into account to create a successful post-mining landscape which honors a riparian habitat and engages people in the perceived waste site post-mining. The design portion of this research is found in Chapter 5. The conclusion briefly encapsulates the findings of the research and relates them to the driving thesis question(s). Conclusions reached are as follows: Current reclamation standards are minimal thus creating "landscape cosmetics" rather than seriously addressing the reestablishment of riparian systems and/or taking the human factor into account. Extraction of gravel adheres to Cartesian reductionism through the removal of geologic strata (a component of the riparian ecosystem) and resource conservation ethics of early 201h century America. A landscape architect's involvement in the reclamation design process is not mandated in Colorado-ergo solutions are typically engineered and meet minimum requirements set forth by the MLRB. The realm of aggregate mining reclamation offers up a world of creative design opportunities which incorporate ecological system health and human interaction. Additional directions of research are also suggested in the further study of economic influences, ethics and societal values, aesthetics and the psychology of space. XXIV

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CHAPTER 1 ENVIRONMENTAL ETHICS "We have killed hundreds of thousands of wolves. Sometimes with cause, sometimes with none. In the end, I think we are going to have to go back and look at the stories we made up when we had no reason to kill, and find some way to look the animal in the face again. "5 Thomas Kuhn (1922-1996) is accredited with the notion ofparadigm shifts-a paradigm defined as" ... a constellation of achievements-concepts, values, techniques, etc ... -shared by a [scientific] community and used by that community to define legitimate problems and solutions."6 Kuhn added that a paradigm is a sign of maturity in the development of a discipline, however paradigms are dynamic states and do not provide conclusive answers. 7 There have been several paradigm shifts in the philosophies of nature throughout human history. An in depth historical account of the influences and coming of age of all those shifts can be found elsewhere; for the purpose ofthis thesis those of Magna Mater and Mother Earth (the Paleoand Neolithic cultures respectively), Judea-Christianity, Modernism and the Scientific Revolution (mechanistic paradigm ofthe Cartesian world view and Newtonian physics) and Ecology will be briefly discussed. This is an effort to understand the current attitudes and actions of western society particularly the US and its resulting treatment of and relationship to the land; especially in relation to mining 5 Barry Lopez, Of Wolves and Men, (New York: Simon & Schuster, 1978), 199. 6 Fritof Capra, The Web of Life: A New Scientific Understanding of Systems (New York: Anchor Books, 1996), 5. 7 Ann M. Rosenberg, "An Emerging Paradigm for landscape Architecture," Landscape Journal 75, vol. 5 no. 2 (Fall 1986): 75-82, 75.

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activities. This section is a generalized overview and is by no means intended to give preference to any particular view, only to illuminate western society's historical relationship to nature. In addition, this short trip into environmental ethics reveals dominant paradigms and values which influence legislation-those of resourcism and utilitarianism. Dominant Paradigm Shifts in Environmental Thought Nature was alive to hunter gatherer societies and humanity was not placed above all else. Flora, fauna, geologic and hydrologic formations were animate all filled a place in nature's scheme. Everything was fruit of the earth, interrelated and there was a divine relationship between 'homo religiosus' and the rest of nature (religion is central to attitudes of nature throughout human history; as well as the human/nature dichotomy).8 "The cosmic rhythms [ofthe Paleolithic mind] manifest order, harmony, permanence, fecundity. The cosmos as a whole is an organism at once real, living and sacred; ... "9 Paleolithic man found home wherever he was in space and time; religious ritual and art evidenced itself in the cave art ofthe Paleolithic and are representative of Stone Age man's relationship with nature one of animism and worship. The general conceptual framework of the Paleolithic idea of wilderness is highlighted in Table 1 at the end of this section. The Magna Mater (philosophy of the Paleolithic) gradually gave way to Mother Earth in the Neolithic with the coming ofthe age of agriculture. This shift was also due in part to climatic and ecological change at the end of the Ice Age and 8 Mircea Eliade, The Sacred and Profane: The Nature of Religion, (Orlando: Harcourt, Inc., 1959), 116. Eliade uses the term homo-religiosus as a substitute for 'religious man'. 91bid, 116. 2

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the subsequent extinction of big game species. A sedentary lifestyle, rather than the nomadic life ofthe hunter gatherers, came with the domestication of animals and the cultivation of grain. With the advent of agrarian societies came the knowledge of man's ability to manipulate and control the land and the Earth's bounties: ... farmers literally rose up and attempted to dominate the wilderness. Boundaries were drawn between the natural and the cultural and conceptual restructuring was inevitable."10 New rituals and gods arose; particularly gods of fertility of the Great Mother. Nature was still sacred, but now took on feminine attributes. The perspective of the Neolithic world changed from that of animism to vegetal. The central premise of an organic world revolved around" ... a nurturing mother; a kindly beneficent female ... "11 Despite this shift from animism to the vegetal, Old and New Stone Age man retained the same religious ideas: "Nevertheless, between the nomadic hunters and the sedentary cultivators there is a similarity in behavior that seems to us infinitely more important than their differences: both live in a sacralized cosmos, both share in a cosmic sacrality manifested equally in the animal world and in the vegetal world." 12 A shift towards economics also began in the Neolithic as" ... agricultural people accumulate material surpluses, more economic goods than can be immediately 10 Eliade, The Sacred and Profane, 116, 28. 11Carolyn Merchant, The Death of Nature: Women, Ecology and the Scientific Revolution (New York: HarperCollins Publishers, 1983 ), 2. 12 Eliade, The Sacred and Profane, 17. 3

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consumed."13 As a result of agriculture-the domestication ofplants and animalsthe population increased dramatically during the Neolithic. This population increase and urbanization led to a new socioeconomic structure and a cultural and conceptual shift. According to Merchant the philosophies of Magna Mater and Mother Earth during the Paleolithic and Neolithic (remnants of which still persist today), exercised normative constraints on mining activities," ... one does not readily slay a mother, dig into her entrails for gold or mutilate her body ... "; or in other words cause bodily damage to an entity which nurtures and sustains humanity.14 These constraints lasted well into the sixteenth century (up to Judea-Christianity and through the Scientific Revolution) and Merchant provides historic evidence of such constraints in mining debates prior to the sixteenth century in the writings of Pliny the Elder (23 AD79 AD): "We trace out all the veins of the earth, and yet. ... Are astonished that it should occasionally cleave asunder or tremble; as though forsooth, these signs could be any other than expressions of the indignation felt by our sacred parent! We penetrate into her entrails, seek for treasure ... as though each spot we tread upon were not sufficiently bounteous and fertile for us!" "For it is upon her surface, in fact, that she has presented us with these substances, equally with cereals, bounteous and ever ready, as she is, in supplying us with all things for our benefit! It is what is concealed from our view, what is sunk far beneath her surface, objects, in fact, of no rapid formation, that urge us to out ruin, that send us to the very 13 Max Oelschlaeger, The Idea of Wilderness (New Haven: Yale University Press, 1991), 28. 14 Merchant, The Death of Nature, 3. Quoting Pliny. 4

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depths of hell ... when will be the end of thus exhausting the earth, and to what point will avarice finally penetrate."15 Berger likewise notes the writings of Pliny the Elder in Reclaiming the American West as a testament to the concern for the landscape altered by mining activities prior to the shift of traditional Western religion and the Scientific Revolution, ... the sufferings inflicted on her surface and mere outer skin seems endurable, we probe her entrails, digging into her veins ... "16 Merchant notes that Seneca ( 4 BC -65 AD), a predecessor of Pliny the Elder, also engaged in this debate. However Seneca believed mining to be a "vice handed down from ancient times."17 This provides an insight into perceived degradation of lands via mining and its aesthetic effects at the time of these arguments. According to Seneca, not only did mining remove the earth's treasures, but created "a sight to make [the] hair stand on end-huge rivers and vast reservoirs of sluggish waters."18 The point in part here is that debating the adverse impacts of mining are not new; and also to illustrate a shift in attitude from the time of Seneca and Pliny the Elder to Agricola (Georg Bauer, 1491-1555).19 Marshall, as well as Capra, claims that the Greeks are responsible for implanting the notion of man as master of nature. Traditional Greek religion, which revolved around hubris and nemesis-pride before the fall and gods' and nature's revenge, was increasingly rejected from Plato on. Greek philosophy thereafter 15 Merchant, The Death of Nature, 30. 16 Alan Berger, Reclaiming the American West, 57. 17 Ibid 32. 18 Merchant, The Death of Nature, 32. 19 Agricola wrote De Re Metallica in 1566 which is considered the first written work in the defense and justification of mining activities. 5

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maintained that the earth was "intended for man and that the rest of creation, including all its beings, existed for their sake."20 This contributed to a pivotal shift towards the formation of Western Christianity. The fall in Christianity was man's expulsion from Eden due to Eve -wicked woman; and Satan evil; man must now subdue and control nature to exist rather than subsisting from her bounties. From this stemmed the man/nature dichotomy; the sacred and profane germinated from the expulsion from Eden to the profane nature that must now be controlled and manipulated respectively. The shift from cosmic time to historic time also then takes place with the development of the concept oflinear history. Time now had a beginning and an end with creation and judgment and a divine plan; and ... for the Christian time begins anew with the birth of Christ ... "21 Exploitation of the Earth's resources then finds its roots in Greek philosophy and Judea-Christian interpretations of dominion. The Earth was created by God for the benefit of man; and man was to be the Earth's steward found in the Genesis story. The idea of dominion and stewardship are sometimes viewed as contradictory, however Christian stewardship still places humanity in the position of Lord Man as superior to other forms of nature. Simply put, Judea-Christianity perceives the Earth's resources to be unlimited commodities meant for human consumption and humanity as superior beings ergo Christianity is highly anthropocentric. A review of the driving ideas behind Christianity's lens on nature and man's relationship to it is provided in Table 2 at the end of this section. 20 Peter Marshall, Nature's Web: An Exploration of Ecological Thinking (London: Simon &Schuster, 1992), 79. 21 Eliade, The Sacred and Profane, Ill. 6

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There is a philosophical twist to religious man and Judeo-Christianity that needs to be presented here before continuing with the paradigm shift to Modernism. In The Sacred and Profane: The Nature of Religion, Eliade sets out to illuminate that the sacred and profane are two forms ofbeing in the world "two existential situations assumed by man in the course of his history" and that non-religious modem man is not truly desacralized and lives in a world "charged with religious values. "(emphasis added).22 It has already been pointed out earlier in the chapter that hunter gatherers and sedentary agriculturalists lived in a sacralized cosmos; the idea of a profane world and desacralized cosmos is a recent paradigm shift in the history of man. There is sacred space and sacred time for religious man; this manifestation of the sacred founds the world for man and provides a center -axis mundi from which the earth, man and the divine are connected and interrelated. Homo-religiousus must then recreate the cosmological founding of the world to live in the world, establish a connection and orientation to the divine and live in real time. Space is neutral for profane man and time is linear (a concept founded in Christianity which still applies to perceptions oftime today). However, how nonreligious man experiences space is important as a landscape architect it is important to understand how people psychologically understand space. There are no longer any sacred spaces so orientation, a fixed point and connection to the divine no longer exist (supposedly). This is the point Eliade sets out to contradict. "Properly speaking, there is no longer any world, there are only fragments of a shattered universe, an amorphous mass consisting of an infinite number of more or less neutral places (this then reveals the 22 Eliade, The Sacred and Profane, 14 and 18 respectively. 7

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philosophy of Scientific-Modern man) in which man moves, governed and driven by the obligations of an existence incorporated into an industrial society. "23 Eliade goes on further to point out that profane man does indeed make associations to special places birthplace, hometown, other memorable places or the house which are designated "holy places" outside of the ordinary profane world. Eliade uses this to refute the notion that sacred places no longer exist. Likewise the lives of profane man are steeped in the ceremonies of new beginnings as for the Christian for whom new beginnings start with Christ. There are birth ceremonies, adolescent rites of passage, marriage, groundbreakings, house warming parties, burials-these are ceremonies marking the death of one kind of being in the world and the beginning of another. These special occasions are also then "holy occasions." "For through Christ 'old things are passed away; behold, all things are become new'. "24 In addition, Eliade discusses the consecration or founding of space and summarizes it as such: "To settle in a territory is, in the last analysis, equivalent to consecrating it. When settlement is not temporary, as among the nomads, but permanent, as among sedentary peoples, it implies a vital decision that involves the existence of the entire community. Establishment in a particular place, organizing it, inhabiting it, are acts that presuppose an existential choice the choice of the universe that one is prepared to assume by "creating" it. Now, this universe is 23 Eliade, The Sacred and Profane, 24. 24 Ibid, 32. Eliade quoting II Corinthians, 5, 17 in the Bible. 8

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always the replica of the paradigmatic universe created and inhabited by the gods; hence it shares in the sanctity of the gods' work. "25 This then is a point which can be related to reclamation. To re-organize a space is to found space; to claim and settle a territory is to repeat the cosmogony of the gods. Re-clamation is then a re-construction of the land, a re-consecration of the land, a re-birth after death, a re-founding of space, and a re-establishing of the axis mundi and imago mundi (our center of existence and where we dwell) and part of the sacred cosmos-despite western society's claim to living in a desacralized world. This philosophy is useful in understanding a need to reclaim as subconscious and religious. In order for humanity to ultimately care and have stewardship for the environment, it must be processed as 'sacred space' if we adapt our view to Eliade's religious man. On the heels of the Judea-Christian paradigm follows Modernism. Oelschlaeger attributes the seeds of thought leading to the rise of Modernism to be found in the philosophy of Thomas Aquinas (1225-1274) who made the distinction between faith and reason; and the initial beginnings of the shift from the organic to mechanistic paradigm is placed upon Galileo Galilee ( 1564-1642) -one of the fathers of modern science.26 The distinction between faith and reason and the shift from organic to mechanistic are concurrent phenomena. Modernism is historically the time frame from the Renaissance to the present. The Scientific Revolution, the philosophies of Francis Bacon ( 1561-1626) and Rene Descartes ( 1596-1650), as well as the findings oflsaac Newton (1642-1727), contributed to the viewing of the Earth as an unrelated system of parts to be dissected in the pursuit of knowledge and 25 Eliade, The Sacred and Profane, 34. 26 Oelschlaeger, The Idea of Wilderness, 7 6-77. 9

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science. The Cartesian division between spirit and nature resulted in the secularization of nature and the viewing of nature as machine the world as mechanical system.27 Technology and knowledge was the means by which to subdue nature. Bacon can be considered the progenitor of Western anthropocentrism, ... Bacon clearly lies at the germinal core of the intense anthropocentric orientation characteristic of our modem age, a perspective that seems to have almost inevitably led to the unrestrained exploitation of nature. "28 Merchant points out that Bacon's rhetoric promoted the exploitation of resources and formulated much of the vocabulary still in use today in regards to mans operations on nature and turned into" ... a language that legitimates the exploitation and "rape" of nature for human good."29 "We can if need be, ransack the whole globe, penetrate into the bowels of the earth, descend to the bottom of the deep, travel to the farthest regions of this world, to acquire wealth, to increase our knowledge, or even only to please our fancy."30 In addition, Capra reinforces this notion of Bacon's rhetorical influence in the patriarchal and exploitive world view, 27 Capra, The Turning Point, 66. 281bid, 84. 29 Capra, The Turning Point, 171. 30 Merchant, The Death of Nature, 249. 10

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"The way in which Bacon advocated his new empirical method of investigation was not only passionate but outright vicious .... his view of nature as female whose secrets have to be tortured out of her with the help of mechanical devices ... and, "Bacon's work thus represents an outstanding example of the influence ofpatriarchal attitudes on scientific thought."31 The notion of Mother Earth was slaughtered by Bacon's rhetoric and writings as the mechanistic view and Scientific Revolution were moving forward with the findings of Descartes and Newton. Merchant also notes that in addition mining was to become a new economic and commercial entity. The restraints of the image of female earth on mining ceded to mining as a means of improving human conditions as promoted by Agricola and Bacon. "The image of the earth as a living organism and nurturing mother had served as a cultural constraint restricting the actions ofhuman beings. One does not readily slay a mother, dig into her entrails for gold or mutilate he body, although commercial mining would soon require that. As long as the earth was considered to be alive and sensitive, it could be considered a breach of human ethical behavior to carry out destructive acts against it. "32 And "The organic framework, in which Mother Earth image was a moral restraint against mining, was literally undermined by the new commercial activity."33 The Scientific Revolution then completed the shift in viewing nature as machine. The difference between the organic and mechanistic mode of thinking is important. The organic lens is founded in synoptic holism the idea that the whole is greater than the 31 Capra, The Turning Point, 56. 32 Merchant, The Death of Nature, 3. 33 Ibid, 41. 11

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sum of its parts; the parts being unpredictable or not deducible from one another. The organic is evidenced in the Stone Age and later in ecology. In contrast, the mechanistic lens perceives nature to be a machine, a set of parts that can be disassembled and reassembled. This finds its roots in Cartesian reductionism the premise that knowledge is to be gained through reducing its parts to the point of atoms; a set of basic elements. The mechanistic view and Newtonian physics still persist today and forms Modernism's homocentric approach to resources despite the contributions of Albert Einstein (1879-1955) to modem physics in the late 19th and early 20th century. The dichotomies of the organic and mechanistic models of nature are compared in generalized terms in Table 3 at the end of this section. Modernism and the Scientific revolution now cross the ocean and moves from Europe and revolves around early US settlement for the purposes of this paper. Table 1: Attitudes of Paleolithic man in relation to the earth. 14 Paleolithic man: believed that irrespective of place, nature was home regarded nature as intrinsically feminine thought of nature as alive assumed that the entire world of plants and animals, even the land itself, was sacred surmised that divinity could take many natural forms and that metaphor was the divine mode of access believed that time was synchronous, folded into an eternal mythical present supposed that ritual was essential to maintaining the natural and cyclical order of life and death 34 Oelschlaeger, The Idea of Wilderness, 12. 12

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Table 2 : Attitudes of Judea-Christianity in relation to the earth 3 5 Judeo Christianity: God created the world and all things in it Nature is afallen and profane world God is transcendent and above the fallen world; He alone is divine and sacred Mankind is made in his image and is therefore distinct from the rest of creation Mankind is to rule over God's earthly creation Time is diachronic and headed somewhere God has a plan, however inscrutable Table 3 : Marked differences between nature as organism and nature as machine 16 -Nature as or2anism: synoptic holism internal relations emergent novelty Nature as machine: reductionist atomism external relations invariant repetition Early US Settlement and Approaches to Natural Resource Management The initial settlement of the western portion of the US was largely encouraged through federal land give-aways as well as the encouragement of staking mining claims and mineral rights in the quest for expansion. It was the policy of the US 35 Oelschlaeger The Id e a of Wilderness 66. 36 Ibid, 129. This table is intended to clarify the differences between organic and mechanistic attitudes 13

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Federal Government to make its land accessible for potential settlers in the 18th and 19th centuries. The Federal Land Ordinance of 1785 implemented the rectangular range and township system in effect in the western US today; ergo the grid of the west. The Colorado Territory established in 1861 was part of this public domain and miners were among the first settlers concerned with land claims in Colorado. The Colorado gold rush lasted from 1858 to 1870; the silver boom from 1870 to 1893. Until 1861 there were no laws in effect governing mining claims; miners simply formed mining districts to record and govern their claims. At the time of formation, the Colorado Territory recognized California mining-district law which had been established in the 1850's. The first federal mining law, known as the 'Chaffee Laws' after Colorado Territory representative Jerome B. Chaffee, was passed in 1866; similar rules were enacted to placer mining claims in 1870, referred to as 'placer laws'. These two laws were combined and formed the subsequent Mining Law of 1872 forming many of the key aspects (mainly rights of use) of the mining law still in effect today. Settlement of the west included three major actions that the government implemented in disbursing public domain lands speculation, public infrastructure and public policy.37 First land speculators and settlers bid for large and small parcels up for sale respectively. Secondly, federal land grants were approved for transportation routes leading to the Transcontinental Railroad. A total of 94 million acres were granted to the railroad companies; another 34 million to the states for railroad use. 38 In addition, the Northwest Ordinances of 1785 and 1787 also granted land for public institutions such as public schools and colleges. Lastly there were 37 Berger, Reclaiming the American West, 18. 38 Ibid, 18. 14

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settlement acts. The Homestead Act of 1862 and the Enlarged Homestead Act of 1909 encouraged settlement of the west by offering 160 to 640 acres of land to be utilized for agricultural purposes the homesteaders acquired the land for free after working it successfully for five years. The Timber Act of 1873 offered 160 acres of land providing that 40 acres be planted with trees. The 1877 Desert Land Act offered 640 acres with the provision that one eighth of the land could be used for irrigation. The Taylor Grazing Act of 1934 likewise redistributed land to ranchers for grazing purposes. In addition water and mineral rights formed during the latter half of the 191h century. The Federal Act of 1866 legalized miners' mineral claims and rights of possession; and in 1870 current water rights of prior appropriation went into effect. Thus were formed the major land uses of the USmining, agriculture and grazing. A timetable of this legislation follows. Table 4: Dateline for US legislation affecting westward expansion. This list is not comprehensive and only covers the legislative acts covered above. Legislative Timetable of Early US Settlement: Northwester Ordinances 1785, 1787 Land Grants 1850 to 1870 Homestead Act 1862 Mining Law 1872 Timber Culture Act 1873 Desert Land Act 1877 Enlarged Homestead Act 1909 Taylor Grazing Act 1934 The philosophies of John Locke ( 1632-1704)ideas of individualism, property rights, free market and representative government-were highly influential in the thinking ofThomas Jefferson (1743-1826) and are reflected in the declaration 15

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of Independence. 39 As a result of ideals of freedom and early settlement patterns, Americans view the right of land ownership as a civil liberty and use of private land as resources to be handled as individuals see fit, be it for the benefit of economic gain as an inalienable, God-given right or for conservation. Also known as 'property' ... strictly economic with privileges but no obligations.'.4 The Fifth and Fourteenth Amendments to the United States Constitution uphold the concept of" ... land as a civil liberty rather than a social resource .. .''41 In The Geography of Nowhere, James Howard Kunstler surmises that ... the [commercial] transfer of property would become the basis of American land-use planning ... in essence no planning at all. In addition, "Old World values toppled-for example the idea of land as the physical container for community values .... eradicated in the rush to profit was the concept of stewardship, of land as public trust: that we who are alive now are responsible for taking proper care of the landscape so that future generations can dwell in it in safety and happiness. ,.42 In The Human Factor in Mining Reclamation, Arbogast, Knepper and Langer briefly outline four resource management strategies employed by the Unites States since European settlement. These approaches are defined as exploitive, preservation, utilitarian and resource conservation. 39 Capra, The Turning Point, 69. 40 James Howard Kunstler, The Geography of Nowhere: The Rise and Decline of America's Man-Made Landscape (New York: Simon & Schuster, 1994), 9. 41 Kunstler, The Geography of Nowhere, 26. 42 Ibid. 16

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Exploitation is equivalent to extraction of a resource for economic gain making a resource a commodity. Economic gain is not concerned with issues such as soil erosion, vegetation and wildlife depletion, air pollution, water quality and quantity or hydrologic systems. The motto is get in and get the resource out as inexpensively as possible. The exploitive approach is the reason the public holds onto negative views of the mining industry. The preservationist approach sets land and resources aside and protects it from future development and alteration. A small percentage of the American landscape has been 'preserved' and it has been estimated that less than 20% ofthe nation remains natura1.43 However, the preservationist approach does not take the biological and cultural evolution of land uses into account-landscapes and perceptions evolve. Historic preservation and wilderness designations are also sometimes created in isolated patches among private lands; which produce fragmentation and often ensure failure of pocket wilderness areas. Patterns of pocket wilderness do not contribute to a larger landscape mosaic. The utilitarian concept ofland management stems from making 'unusable' land productive. Colorado's semi-arid climate produces unique ecosystems adapted to a dry climate; these ecosystems are unfortunately often deemed undesirable and converted to other uses. Utilitarianism is couched in economics-something deemed unusable has no monetary or profit value for humanity so then must be converted to useable land by human definitions. The utilitarian approach in aggregate mining reclamation is visibly apparent along the front range of the South Platte. Resource conservation as an ethic grew out of the utilitarian tradition and was established by Gifford Pinchot ( 1865-1946) and Theodore Roosevelt ( 1858-1919) at 43 Arbogast, Knepper and Langer, "The Hwnan Factor," 5. 17

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the tum of the 201h century. 44 America was no longer a strictly agrarian society as Thomas Jefferson ( 1743-1826) had envisioned; it was equally divided between agriculture and industry. The time to preserve American wilderness had now come; the frontier had been deemed closed by Frederick Jackson Turner ( 1861-1932) and George Perkins Marsh (1801-1882) had illuminated the adverse impacts of agriculture and industry on the environment. Oelschlaeger sums up the resource conservation ethic in Chapter 7 of The Idea of Wilderness: "Responding in part to the growing perception of the changing face of America's land and economy, President Teddy Roosevelt and Gifford Pinchot made efficiency rather than expediency the watchword for resource use. Conservation became a governmental policy initiative, soon followed by the creation of agencies mandated to promote husbandry of natural resources for the public good. Yet the so called progressive conservation movement was philosophically grounded in Modernism. Wild nature was conceived as little more than a stockpile of raw materials of no intrinsic value; only through the productive enterprise-the humanizing of the wilderness-did nature gain value, utility was still the grand arbiter of judgment (as measured by the dollar). (emphasis added) The greatest good for the greatest number was increasingly construed in narrow economic terms.'.45 The resource conservation practice and ethic developed as a result of the diminishing unsettled territories ofthe US and the closing ofthe Frontier; the realization that America's resources were indeed finite; and a general movement for preservation of 'wild nature' taking place at the tum of the 201h century. The driving notions of resourcism are listed in the table on the next page. The next section briefly discusses 44 Oelschlaeger, The Idea of Wilderness, 287. 45 Ibid, 209. 18

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Aldo Leopold, the 'land ethic' and the is/ought dichotomy between science and value. Leopold's 'land ethic' was a pivotal shift in Modernist thinking in the United States and is therefore treated separately. ---------------Table 5: Attitudes ofresourcism in relation to earth.46 Resourcism: natural systems are no more than collections of parts homo sapiens is related externally to the ecomachine the ecomachine can be engineered to produce desired outcomes and prevent undesired consequences the market objectively determines the worth and value of all things, cultural and natural the national and per capita income accounts are the ideal measure of societal wellbeing progress can be determined according to the utilitarian formula of the greatest good for the greatest number Aldo Leopold and the Land Ethic "It is inconceivable to me that an ethical relation to land can exist without love, respect and admiration for land and a high regard for its value. By value I of course mean something far broader than mere economic value; I mean value in the philosophical sense. '47 Leopold is responsible for the land ethic, a major contribution to the undercurrents of predominant modern thought of nature as machine and the resource 46 Oelschlaeger, The Idea of Wilderness, 287. 47 A! do Leopold, A Sand County Almanac, (New York: Oxford University Press, 1966), 261. 19

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conservation ethic. Leopold was trained and worked as a scientist, however struggled with the fact/value or is/ought dichotomy of science and man's relationship to nature throughout his career as a forester and wilderness ecologist. "Leopold struggled throughout his career with an implicit opposition between atemporal, mechanistic, and reductionistic slant of classical science and the temporal, organismic, and holistic cast of the natural history tradition and its successor, evolutionary science.'.48 The land ethic and ecology offer up a biocentric perspective towards nature. From an ecological lens, Leopold believed humankind to be a part of nature which places homo-sapiens in an organic, synoptically holistic world versus a mechanistic and reducible nature. Man is part of the larger community which then places him in the evolutionary process; this placement implies obligations to preserve the land; the land then has intrinsic value. As a member of this community, the land ethic states that humanity 'ought' to act to preserve the "integrity, stability and beauty of natural systems. '.49 The land ethic "changes the role of man from conqueror of the land community to plain member and citizen of it. "50 The major ideas of biocentrism are highlighted in a small chart provided at the end of the chapter. Finally, taking into consideration that The Death of Nature is written through an historical and ecofeminist lens, Merchant attributes environmental legislation of the 1960's and 1970's to undercurrents ofthe dominant paradigms of modernismecology and feminism. This sentiment is evidenced in the following quotes: 48 Oelschlaeger, The Idea of Wilderness, 207. 49 Ibid. 50 Aldo Leopold, A Sand County Almanac, 240. 20

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"By pointing up the essential role of every part of an ecosystem, that is when one part is removed the system is weakened and loses stability, ecology has moved in the direction of leveling of value hierarchies. Each part contributes equal value to the healthy functioning whole. All living things, as integral parts of a viable ecosystem, thus have rights. The necessity of protecting the ecosystem from collapse due to the extinction of vital members was one argument for the passage of the Endangered Species Act of 1973. "51 Merchant continues with, "The conjunction of conservation and ecology movements with women's rights and liberation has moved in the direction of reversing both the subjugation ofnature and women." 52 --------------------------------------------Table 6: Chart ofbio-and ecocentrism.5 1 --Bio-and ecocentrism: natural systems are the basis of all organic existence, and therefore possess intrinsic value (emphasis added) humankind is an element within rather than the reason to be of natural systems, and is hence dependent upon intrinsic value ethical human actions necessarily promote all life on earth ethical human actions preserve such intrinsic values as diversity, stability and beauty 51 Merchant, The Death of Nature, 293. 52 Ibid, 294. 53 Oelschlaeger, The Idea of Wilderness, 294. 21

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A New Paradigm for Landscape Architecture? "That land is a community is the basic concept of ecology, but that land is to be loved and respected is an extension of ethics. "54 "A thing is right when it tends to preserve the integrity, stability and beauty of the biotic community. It is wrong when it tends otherwise. "55 Capra claims Einstein's contributions to physics (relativity theory and quantum theory) are responsible for an emerging world view characterized by a new vocabulary which includes words like organic, holistic and ecological and the decreasing hold of the mechanistic view and Cartesian reductionism and dualism in the scientific community.56 This thought is evidenced in the following quote, "The world view of modern physics is a systems view." as the aforementioned vocabulary is essential to a systems interpretation. 57 Capra promotes the systems view of life, the interconnectedness of systems relationships and the dynamic aspect of life. He also claims .. .in transcending the Cartesian division, modern physics ... has challenged the myth of a value-free science. The patterns scientists observe in nature are intimately connected with the patterns of their minds; with their concepts, thoughts and values. "58 54 Leopold, A Sand County Almanac, 262. 55 Ibid xix. 56 Capra, The Turning Point, 78. 57 Ibid, 97. 58 Capra, The Turning Point, 87. 22

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Ergo, according to Capra's assertions, the scientific community is then intellectually and morally responsible. Likewise Merchant discusses the is/ought dichotomy in The Death of Nature's introductory pages as a basis for her arguments and ties this conceptual dichotomy to language. and, "The Renaissance image of the nurturing earth still carried with it subtle ethical controls and restraints. Such imagery found in a culture's literature can play a normative role within the culture. Controlling images operate as ethical restraints or as ethical sanctions -"oughts" and "ought nots." Thus as the descriptive metaphors and images of nature change, a behavioral restraint can be changed into a sanction." "Contemporary philosophers of language have critically reassessed the earlier positivist distinction between the "is" of science and the "ought" of society, arguing that descriptions and norms are not opposed to one another by linguistic separation into separate "is" and "ought" statements, but are contained within each other. Descriptive statements about the world can presuppose the normative: they are then ethic-laden."59 This was then the shift which took place during the Scientific Revolution influenced by Bacon's rhetoric; and is currently changing according to Capra with the new language of modem physics. 59 Merchant, The Death of Nature, 4. 23

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Physics and ecology are the two forces behind an "emerging" paradigm shift according to Rosenberg. Capra supports the notion of modem physics as contributing to a systems view of life and Rosenberg claims "ecology is becoming a guiding principle, conceptual level of understanding and an important consideration in the practice of landscape architecture. "60 The stewardship ethic has remained at the forefront of human interaction with the environment (or as part ofthe environment) from the beginning, however gained momentum in the 1960's with the focus on problems of environmental damage and a concern for a healthy environment. That our environment is considered a product and land is a commodity began with the Greek philosophy in the concept of nature for the benefit of human use, extended into Judea-Christianity ideals of dominion and US resource conservation and utilitarianism. However the notions of use and dominion, as well as Cartesian dualism, are losing foothold and giving way to the understanding of humanity as an integral part of nature rather than separate and superior and a "feeling of integration and relationship."61 Land is perceived to part of a community rather than a commodity in ecology; humans are a part of that community. The purpose ofthe historical account of paradigm shifts in attitudes towards nature was to aide in illuminating that attitudes of nature change with cultural shifts and that cultural values are influential in legislation formation (legislation to be covered in Chapters 2 and 3). Simply put, attitudes and culture change; laws and interactions with nature reflect those changes. Ergo the landscape architect works within historical, cultural and legal ethical and value frameworks when designing 60 Rosenberg, "An Emerging Paradigm," 76. 61 Ibid, 79. 24

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spaces. These frameworks are implemented in the re-creation of ecosystems, public spaces and habitat in the post-mining landscape. The next chapter then deals with the formation of federal legislation in place today which has grown out of the values and ethics of America as a society. 25

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CHAPTER2 FEDERAL STATUTES AND REGULATIONS "In few places is the impact of the law more apparent than in the mining and reclamation business. ,,()2 "The law clearly plays a critical role in shaping the post-mining landscape. ,,(JJ Federal statutes will be covered first in this chapter with Colorado State statutes following in Chapter 3. Federal statutes supersede state statutes; federal regulations are the rules by which federal agencies implement federal laws; likewise state regulations are rules by which state agencies apply state laws. For example, at the federal level FLPMA is the statute; 43 C.F.R. 3809 provides the regulations and the BLM implements those regulations in accordance with FLPMA. At the state level C.R.S. 34 32-101 et seq. is the statute; 2 C.C.R. 407-4 Rule 3 is the regulation; the DRMS and the MLRB are the regulatory agencies. This chapter covers federal legislation applicable to the proposed Destiny Mining operation. Environmental policy is a reflection of public values. The last 60 years have seen intense federal regulation regarding environmental protection along with more stringent controls on mining regulation than previously exercised. Recent environmental policies are highlighted in the following chart. 62 Robert Micsak, "The Legal Landscape," in Designing the Reclaimed Landscape, ed. Alan Berger (New York: Princeton Architectural Press, 2002), 154. 63 Ibid, 162. 26

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Table 7: Recent federal environmental legislation. Recent environmental legislation in the US: National Environment Protection Act of 1969 (NEPA) Clean Air Act 1970 Clean Water Act 1977 Surface Mining Control and Reclamation Act of 1977 (SMCRA) Federal Land Policy Management Act of 1976 (FLPMA) Endangered Species Act of 1973 Resource Conservation and Recovery Act of 1976 (RCRA) Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) Safe Drinking Water Act of 1974 (SDWA) Toxic Substance Control Act of 1976 (TSCA) The scope of these statutes, regulations and responsibilities of the agencies which implement those regulations is immense. This chapter deals with selected issues such as the definition of 'significance' in relation to potential impacts and as set forth by NEP A, and the EA and EIS process. FLMP A is again a far reaching act of legislation which attempts to create uniformity in surface management regulations as they pertain to federal BLM lands. 43 C.F.R. 3809 was deemed the most significant portion of this piece of legislation as it deals specifically with surface management regulations as applied to the BLM in the case of Destiny Mining (Code ofFederal Regulations). Defining 'significance' in Relation to Impact: Understanding Why Aggregate Sites are Considered 'benign' The determination of effects as significant or not significant plays a major role in the EA versus the EIS process. The BLM must adhere strictly to the following definitions as outlined in the H-1790-1 NEPA Handbook. Smaller mining operations 27

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usually only trigger an EA to determine if an EIS is required (as in the case of Destiny Mining; more on the EA and EIS process follows in this chapter). Significance is defined as such: "Significance is defined as effects of sufficient context and intensity that an environmental impact statement is required. The CEQ regulations refer to both significant effects and issues. The meaning of significance should not be interpreted differently for issues than for effects: significant issues are those issues that are related to significant or potentially significant effects." (emphasis added/4 This definition is further elaborated on in relation to context and intensity of significance. The same definitions can be found in the terminology section of CEQ regulations section 1508.27: "Significantly" as used in NEPA requires considerations of both context and intensity: (a) Context. This means that the significance of an action must be analyzed in several contexts such as society as a whole (human, national), the affected region, the affected interests, and the locality. Significance varies with the setting of the proposed action. For instance, in the case of a site-specific action, significance would usually depend upon the effects in the locale rather than in the world as a whole (emphasis added). Both shortand long-term effects are relevant. (b) Intensity. This refers to the severity of impact. (emphasis added) Responsible officials must bear in mind that more than one agency 64 Bureau of Land Management, H1 790-1: National Environmental Policy Act Handbook (US Department of the Interior, 2009), 70. 28

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may make decisions about partial aspects of a major action. The following should be considered in evaluating intensity: 1. Impacts that may be both beneficial and adverse. A significant effect may exist even if the Federal agency believes that on balance the effect will be beneficial. 2. The degree to which the proposed action affects public health or safety. 3. Unique characteristics ofthe geographic area such as proximity to historic or cultural resources, park lands, prime farmlands, wetlands, wild and scenic rivers, or ecologically critical areas (emphasis added). 4. The degree to which the effects on the quality of the human environment are likely to be highly controversial. 5. The degree to which the possible effects on the human environment are highly uncertain or involve unique or unknown risks. 6. The degree to which the action may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration. 7. Whether the action is related to other actions with individually insignificant but cumulatively significant impacts. Significance exists if it is reasonable to anticipate a cumulatively significant impact on the environment. Significance cannot be avoided by terming an action temporary or by breaking it down into small component parts. (emphasis added) 8. The degree to which the action may adversely affect districts, sites, highways, structures, or objects listed in or eligible for listing in the National Register of Historic Places or may cause loss or destruction of significant scientific, cultural, or historical resources. 9. The degree to which the action may adversely affect an endangered or threatened species or its habitat that has been determined to be critical under the Endangered Species Act of 1973. (emphasis added) 10. Whether the action threatens a violation of Federal, State, or local law or requirements imposed for the protection of the environment. 29

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Significance must therefore be investigated on a case by case basis as each situation is unique. Significant is defined by Webster's New World Dictionary as "that which is signified; the quality ofbeing significant; and of importance or consequence." Likewise cumulative is defined as "increasing in effect, size, quantity, etc. by successive additions; accumulated; and taking successive additions into account." NEPA's 'significance of impact' and 'cumulative effects' then become relative and subjective terms based on interpretation when applied to envirorunentallegislation. Although each situation is unique and must be investigated individually, there is a danger in analyzing individual actions without taking cumulative effects into account. The effects ofyears of gravel mining along the Front Range ofthe South Platte have contributed to the alteration the river's channel and instability. An example of these cumulative effects will be covered in South Platte Park in Chapter 4. In essence, all of humanity's actions upon the Earth are impactful. Pertinent Federal Statutes and Recent Environmental Legislation NEPA (42 U.S.C.) Federal regulatory agencies are required to interpret and administer their laws in accordance with the policies set forth in NEP A. As federal land managers, they are obligated to manage public lands for long-term productivity, and are responsible for the protection of public lands for a multitude of current and future uses. These policies are then carried out by respective agencies. NEPA (1), 42 U.S.C. (1), provides: "The Congress authorizes and directs that, to the fullest extent possible: ( 1) the policies, regulations, and public laws of the United States shall be interpreted and administered in accordance with the policies set forth in the act." 30

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These policies are those found and as outlined in (b), 42 U.S.C. (b): to ( 1) fulfill the responsibilities of each generation as trustee of the environment for future generations; (2) assure for all Americans safe, healthful, productive and esthetically and culturally pleasing surroundings; (3) attain the widest range ofbeneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; ( 4) preserve important historic, cultural, and natural aspects of our national heritage, and maintain, wherever possible, an environment which supports diversity and variety of individual choice; (5) achieve a balance between population and resource use which will permit high standards of living and a wide sharing oflife's amenities; and ( 6) enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources. "65 NEPA, or 42 U.S.C., is then the defining law in environmental protection. As such, all federal agencies must uphold this statute and act accordingly in its managing and regulatory responsibilities. Determining if an EA or EIS is Appropriate Any action taken on federal land dictates the implementation ofthe EA, EIS or FONSI process. The BLM has designated their NEPA Handbook H-1790-1 to interpreting NEPA and the agency's role in environmental assessments. Chapters 6, 7 and 8 are specific in determining the necessity of an EA or EIS; the definition of 65 National Research Council, Hardrock Mining on Federal Lands (Washington DC: National Academy Press, 1999), 38. 31

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'significance' and the context and intensity of significance that either prompts an EA, EIS or FONSI. A multitude of potential social and environmental issues and potential impacts related to the proposed action are reviewed in the EA process. For example, economics, health and safety of the human community, air and water quality and quantity, archeological and historic significance, adverse effects on wildlife habitat, etc... The issues to be investigated are delineated in the definition of significance in relation to intensity as put forth by the BLM H-1790-1 NEPA Handbook and CEQ regulations. Governing and regulating agencies such as the BLM, NFS and the Division of Wildlife (DOW) cooperate in the disseminating and sharing of information pertinent to the proposed action and are defined as 'cooperating agencies' when responsibilities are overlapping. An EA is prepared if the actions are not "categorically excluded", not already covered in an existing environmental document or not normally subjected to an EIS.66 The EA is then used to determine ifthe action would have significant effects; if not a FONSI may be prepared. It is also possible to prepare a mitigated FONSI in the event that mitigation measures would reduce the effects to non-significance ('Mitigation' is defined in Chapter 3 ). In addition, the preparation of a tiered EA may 66 "Categorical exclusion" means a category of actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by a Federal agency in implementation of these regulations (Sec. 1507.3) and for which, therefore, neither an environmental assessment nor an environmental impact statement is required. An agency may decide in its procedures or otherwise, to prepare environmental assessments for the reasons stated in Sec. 1508.9 even though it is not required to do so. Any procedures under this section shall provide for extraordinary circumstances in which a normally excluded action may have a significant environmental effect. (CEQ Part 1500Tenninology and Index-1508.4) 32

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be utilized if only some of the effects are deemed significant.67 An EIS must be prepared for actions whose effects are expected to be significant or after the findings of an EA revealing significant effects. These processes then ensure the adherence to NEPA. FLPMA (43 U.S.C.) and Multiple Use FLPMA was created in an effort to establish uniformity in land management policies and regulation for the BLM. The merger of several agencies culminated in the formation ofthe BLM in 1946, with each agency having its own set oflaws and regulations. FLPMA was an attempt to eliminate conflicting and redundant laws and regulations of those agencies by providing one set of laws and regulations for the BLM to implement. FLPMA provides management guidelines and authority in addition to legislative direction in numerous specific interests and areas of management. 68 Preceding bills to FLPMA acted as precursors to identifying that public lands managed by BLM are national assets with an immense variety of natural resource value, including outdoor recreational use, and should therefore be developed and administered, ... for multiple use and sustained yield of the several products obtainable therefrom for the maximum benefit of the general public. "69 As a result, the application of multiple use of public lands became a significant aspect of FLPMA. 43 U.S.C. 1702(c) defines multiple use as, 67 Bureau of Land Management, H-1790-1 : NEPA Handbook 69. 68 Eleanor R Schwartz, A Capsule Examination of the Legislative History of the Federal Land Policy and Management Act of 1976" (Denver, CO : National Science and Technology Center, 1979), 59. 69 Ibid, 60. 33

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" ... a combination of balanced and diverse resource uses that takes into account the long-term needs of future generations for renewable and non-renewable resources, including, but not limited to, recreation, range, timber, minerals, watershed, wildlife and fish, and natural scenic, scientific, and historical values; and harmonious and coordinated management of the various resources without permanent impairment of the productivity of the land and the quality of the environment with consideration being given to the relevant values of the resources and not necessarily to the combination of uses that will give the greatest economic return or the greatest unit output." (emphasis added)70 The National Resource Council summarizes the existing federal land management standards in place for the operation of, reclamation and permitting requirements for (locatable) hardrock minerals mining and exploration on federal lands in Chapter 2 of their report.71 The following is taken directly from Chapter 2. 43 U.S.C. 1701-1784 provides the BLM with management standards for hardrock mining activities on federal lands. Section 1701(a) states: The Congress declares that it is the policy of the United States that, (7) goals and objectives be established as guidelines for public land-use planning, and management be on the basis of multiple use and sustained yield unless otherwise specified by law. (8) the public lands will be managed in a manner that will protect the quality of scientific, scenic, historical, ecological, environmental, air and atmospheric, water resource, and archeological values: that where appropriate, will preserve and protect certain public lands in their natural condition; that will provide food and habitat for fish and wildlife and 70 National Research Council, Hardrock Mining on Federal Lands, 38. 71 Note that aggregate resources are considered 'common varieties' not locatable materials. 34

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domestic animals; and that will provide for outdoor recreation and human occupancy and use. (12) the public lands be managed in a manner which recognizes the Nation's need for domestic sources of mineral, food, timber, and fiber from the public lands, including implementation of the Mining and Minerals Policy Act of 1970 as it pertains to public lands. (The Mining and Minerals Policy Act of 1970 is covered at the end of this chapter.) In addition, section 1732(b) states: "In managing the public lands the Secretary shall, by regulation or otherwise, take any action necessary to prevent unnecessary or undue degradation of the lands. (emphasis added) These agencies must fulfill their obligations in relation to NEPA and to "interpret and administer" their laws in compliance with NEP A standards. Proposed mining activities on BLM lands prompt the interpretation of 43 C.F.R. 3809as is the case in Destiny Mining. These regulations outline the procedures to be followed in a proposed action pertaining to casual use, notice level operations or plan of operations. Casual use pertains to those mining operations not utilizing mechanized equipment or explosives; notice level operations pertains to operations required to give notice to the BLM for mining sites disturbing 5 acres ofless per year.72 The regulations put into place as a result of FLPMA not only place the BLM in a position as land managers but also as regulators, and place immense responsibility on this agency for representing the public in long-term productivity of the land and in charge of the protection of potential future uses and as managers of federal estates. They are therefore both landowners and regulators with the 72 National Research Council, Hardrock Mining on Federal Lands, 20. 35

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responsibility of serving the public in national terms"the nation's needs", "all Americans" and "future generations." Multiple use is then an attempt to satisfy a diverse spectrum of needs on BLM lands. Mining Law of 1872 The Mining Law of 1872 was the merger of the Chaffee Laws and Placer Laws preceding it. This law implemented the right to staking claims for all valuable deposits not just to gold, silver and copper. This law also provided extralateral rights meaning a claimant could follow a surface vein of metal beyond his lode claim (or a hardrock deposit) even if it moved into the arena of another's rights below surface. This law also set size limitations on lode claims and prices per acreage which still remain in effect today. All mining claims are initially unpatented claims which mean as long as the claim is worked every year it remains valid. There has been a congressional moratorium on patented claims since 1994; a patented claim gives the claimant the right to put the claim to any use. Mining and Minerals Policy Act of 1970 Despite recent environmental legislation, the 1872 General Mining Act (30 U.S.C.) is still in effect today. The addition of the Mining and Minerals Policy Act of 1970 (30 U.S.C.) l(a) states: The Congress declares that it is the continuing policy of the Federal Government in the National interest to foster and encourage private enterprise in (emphasis added) (I) the development of economically sound and stable domestic mining, minerals, metal and mineral reclamation industries, (emphasis added) 36

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(2) the orderly and economic development of domestic mineral resources, reserves, and reclamation of metals and minerals to help assure satisfaction of industrial, security, and environmental needs, (3) mining, mineral and metallurgical research, including the use of and recycling of scrap to promote the wise and efficient use of our natural reclaimable mineral resources, and (4) the study and development of methods for the disposal, control, and reclamation of mineral waste products, and the reclamation of mined land, so as to lessen any adverse impact of mineral extraction and processing upon the physical environment that may result from mining or mineral activities. (emphasis added) In seeming contradiction to environmental legislation, the existence of the original Mining Law of 1872 and the Mining and Mineral Policy Act of 1970 demonstrate the strong history of US mining interests. These interests are still highly represented in the Mining Law of 1872 and the MMPA with these two laws establish America's mining policies and reflecting US values. The law clearly plays a role in mining and reclamation activities. Defining environmental impacts and the significance or cumulative effects of those impacts determines mining and reclamation processes during and after operations. A mining action cannot take place without some form of environmental review of potential impacts; mitigation of those impacts must be addressed during and after mining. As mentioned earlier, federal legislation supersedes state legislation ergo federal legislation was covered first in this chapter. The next chapter provides an overview of the current state of aggregate mining in the State of Colorado. Consumer demands and negative perceptions of the mining industry are contradictory. In addition, Chapter 3 includes a cursory look at C.R.S. 34 32-101 et seq. and reclamation requirements in place for aggregate mining operators. 37

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CHAPTER3 THE STATE OF AGGREGATE MINING, PUBLIC PERCEPTIONS AND CURRENT STANDARDS ... sand and gravel mining [is} a grand opportunity to add much diversity to man 's and nature's world. It is an opportunity to produce areas for research, new habitats, education and recreation for our rapidly expanding urban areas. Not only can we all benefit from the aggregates produced but also from the result of the production of the aggregates .... sand and gravel mine reclamation is in its infancy (and a few states don't even recognize it as a form of mining.) "73 The most commonly practiced form of mining is aggregate extraction and aggregate is a non-renewable resource. Aggregate resources are found in alluvial, fluvial and glacial deposits and removal must occur where resources are found. Gravel mining generally occurs in critical and sensitive areas riparian habitats. Many identified resource areas have already been developed in other capacities-for industrial, residential, agricultural or recreational purposes. Riparian habitats are complex ecosystems, constantly fluctuating with the ebb and flow of the water bodies they surround unless artificial channelizing or damming have disturbed the natural process of deposition and removal of sand and the creation of oxbows. This is indeed the case in Adams County, Colorado where the South Platte is considered an unstable river-this instability is in part attributed to gravel mining.74 73 Mark Heifner, "Sand and Gravel Mining in Colorado Riparian Habitats," (paper presented at Lowland River and Stream Habitat in Colorado: A Symposium. Colorado Chapter of wildlife Society and Colorado Audubon Council, n.d.), 146. 74 Adams County, "Section XVIII: Background for Gravel Mining Criteria Development" (Denver, CO: Adams County, n.d.), 1. 38

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90% of Colorado's riparian areas have been lost to development agriculture, the built environment, sand and gravel mining and the depletion of Plains Cottonwood for firewood during early settlement of the western US.75 Riparian habitats as defined by the State of Colorado, ... are those communities adjacent to and affected by surface or ground water of perennial or ephemeral water bodies, such as rivers, streams, lakes, ponds, playas, or drainage ways ... "76 In addition, much of Colorado's wildlife species are dependent on riparian habitats during all or a portion of their life. "Approximately 75% of the wildlife species known or likely to occur in Colorado are dependent on riparian areas during all or a portion of their life cycle. This is especially significant when we realize that riparian areas make up less than I% of the landmass in Colorado."77 These are alarming statistics considering the figure of I% of Colorado's landmass is riparian in nature. Due to consumer demands, population growth and the resulting demands for natural resources (in this case sand and gravel) mining activities and extraction of resources will reach further into previously undisturbed areas in an effort for retrieval. 75 Cornelia Fleischer Mute! and John C. Emerick, Grassland to Glacier: The Natural History of Colorado and the Surrounding Region (Boulder: Johnson Books, 1984 ), 65. 76 Belinda Arbogast, Daniel H. Knepper, Roger A. Melick, and John Hickman, "Evolution of the Landscape along the Clear Creek Corridor Colorado-Urbanization, Aggregate Mining and Reclamation" (Denver, CO: USGS Department of the Interior, 2002), 6. Quoting State of Colorado, 2000, Wetland versus Riparian: Colorado Division ofWildlife. 77 Arbogast, Knepper, Melick, and Hickman, "Evolution of the Landscape along the Clear Creek Corridor," 6. 39

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This is particularly true for the American West as the majority of public lands containing natural resources are located in the western portion of the United States. For example, 34.4% of Colorado is BLM and NFS lands, of which 64.5% is subsurface mineral ownership managed by the BLM.78 According to the 2000 Park County census, 59% of Park County is federal or state land. Current requirements for reclamation of gravel pits give consideration to remaining pit slope, soil stability, and previous habitat and wildlife considerations. C.R.S. 34 32-116 offers generalities. No portion of the regulations deal with river stability or dam safety during flood cycles, however all aggregate mining operations in effect since 1980 must comply with water augmentation standards enforced by the Colorado Division of Water Resources and must apply for a 404 permit when encroaching upon the river channel with fill. 79 Negative Perceptions of the Mining Industry Public perceptions of the mining industry and consumer behaviors are contradictory. The U.S. averages about 10 tons of aggregate per capita per year consumption with sand and gravel valued at $4.8 billion in 1997.8 Consumers demand raw materials for road and building infrastructure; however balk at the prospect of an aggregate mining operation in their 'back yard'. Pits produced through 78 Berger. Reclaiming the American West, 29 79 404 pennits apply to dredging and filling activities in interstate waters or any land which qualifies as wetland (including soil and vegetation definitions within wetlands). The Rivers and Harbors Act of 1899 defines 'interstate waters' and established the Army Corps of Engineers. 80 Arbogast, Knepper and Langer, "The Human Factor," 3. 40

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extractive processes are generally considered 'eyesores' and waste sites.81 This contradiction in product demands, prompted in part by unsightly visual disturbance, and mining is further exemplified in the statistics which reflect the total land disturbed by mining in the U.S. at 0.1% compared to agriculture at 60 to 70% (percentage data for roadways not given).82 Infrastructure and agriculture are viewed as necessities in the American way of life and are thus accepted. What many fail to realize is that mining is a temporary land use; that product demand fuels the perceived degradation; and some sites are actually improved by post-mining reclamation. Arbogast, Knepper and Langer point out the history of aggregate mining prior environmental legislation, ... damage created by exploitive aggregate producers and construction companies prior to the 1970's gave the industry a negative image."83 Sand and gravel mining inherently cause disturbance. This disturbance is highly visual, considered unsightly and scarifies the land surface. As already stated, aggregate mining is an interim land use as are many other land uses. Engler addresses current attitudes towards waste landscapes in Waste Landscapes: Permissible Metaphors in Landscape Architecture. Although her work relates more specifically to human waste dumps and water treatment systems the post aggregate extraction site is also considered a waste or derelict landscape; an eyesore. Engler claims our attitudes are engrained in language beginning with the Latin origin of the word waste found in, "vastusmeaning unoccupied or desolate, signifying 81 Arbogast, Knepper, Melick and Hickman, "Evolution of the Landscape along the Clear Creek Corridor," 12. 82 Arbogast, Knepper and Langer, "The Human Factor," 4. 83 Ibid. 41

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emptiness and uselessness."84 Definitions ofwaste from Webster's New World Dictionary include the words desert, uncultivated land, damaged, unwanted by product and rejected among others, all of which carry negative connotations. Engler further elaborates that, "waste sites are found in areas where no other land use was profitable, mostly on derelict lands ... Everyone produces waste but no one wants to deal with it; out of sight, out of mind; as well as dismissing it to the "not in my back yard" mentality. Aggregate Mining in Colorado Aggregate mining activities inherently create disturbances in the existing environment through surface exploration and extraction. Most aggregate extraction is conducted via surface scraping operations, although in-stream and quarrying operations occur in Colorado. Reclamation of mined lands is now mandatory in the state of Colorado and enforced through financial assurance which may be in the form of letters of credit, cash or bonds; release of the financial assurance instruments occurs when satisfactory reclamation has finally been achieved. Annual reclamation reports are to be filed outlining newly disturbed acreage and land that has been backfilled, graded, and reseeded or the topsoil replaced. Re vegetation and wildlife monitoring may also be included in these reports. In addition, the MLRB has dictated that a permitted site be inspected at least every four years in-stream gravel extraction operations must be inspected once annually. Extraction and reclamation are often concurrent and reclamation of mining activities must be complete within five years. 84 Mira Engler. "Waste Landscapes: Permissible Metaphors in Landscape Architecture," Landscape Journal, Vol. 14, no. I: 12. 42

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Current Reclamation Standards and Practices ... most companies tend to do what is obvious to make it look good for now, with little thought to the outcome fifty years from now . . covering up problems with green can be called landscape cosmetics; in the truest sense, this is not reclamation ... H.'i Current requirements for reclamation of gravel pits give consideration to remaining pit slope, soil stability, and previous habitat and wildlife considerations. C.R.S. 34 32.5-116 outlines these requirements which are provided in the next section of this chapter. The table on the following page represents sought after criteria by MLRB which is dictated by 2 C.C.R. 407-4 Rule 3.86 No portion of the statute deals with river stability or dam safety during flood cycles. All aggregate mining operations in effect since 1980 must comply with water augmentation standards enforced by the Colorado Division of Water Resources. Types of permits required are dependent upon size of mining operations and will be covered later in the chapter. In addition to these requirements, the Urban Drainage and Flood Control District ofthe greater Metro Denver area published Technical Review Guidelines for Gravel Mining Activities within or Adjacent to 1 00-year Floodplains in 1987. This publication is intended as a supplement to C.R.S. 34 32-101 et seq. Currently in the State of Colorado, the involvement of a landscape architect in reclamation planning and design of the post-mining site is not required. The involvement of a landscape architect can exceed planning beyond requirements and engineered solutions to create a successful reclamation project which integrates ecological design and addresses human interaction for a multiuse site in sensitive habitats. Ecological rehabilitation can ensure the preservation and utilization of 85 Heifner, "Sand and Gravel Mining in Colorado," 146. 86 Adams County, "Background for Mining Criteria Development," 3. 43

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native vegetation for habitat creation in an effort to preserve the remaining percentage of Colorado's riparian habitats. The design profession also takes aesthetics into account with the human factor. The underutilization of the post-mining site in relation to potential uses-riparian habitat, education centers and interactive sites for example is not met with 'landscape cosmetics.' Current requirements clearly fall short in realizing the full design potential of the post-mining site in an urban setting-especially in relation to riparian ecosystem rehabilitation and interactive sites. This indicates a huge potential for design opportunities in the profession of landscape architecture. Table 8: Reclamation criteria sought after by MLR as set forth by 2 C. CR. 407-4 Rule 3.B. -MLRB Criteria: 2:1 for side slopes 3: 1 slope for a distance of 5 feet horizontally above and 10 feet horizontally below water level 5:1 slope at water level and below where swimming is permitted 50 to 200 foot setbacks depending upon adjacent land uses soil composition (fertilization with artificial amendments added to replenish lost soil nutrients) vegetation criteria based on previous conditions (native vegetation is preferred due to its tolerance of local climatic conditions) habitat criteria based on previous conditions Colorado Legislation and Regulatory Entities Many western states have enacted their own mineral resource extraction laws, with Colorado enacting the Colorado Mineral Resources and Mined Land Reclamation Act which established the Colorado Division of Reclamation, Mining and Safety (DRMS), the Mined Land Reclamation Board and aggregate extraction 44

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reclamation requirements. C.R.S. 34 32101 et seq. pertain specifically to the forementioned. All applications for mining activities must be processed through DRMSan entity found within the Department ofNatural Resources and a Division of Minerals and Geology (DMG)-as well as comply with other applicable local, state and federal environmental standards. In 1965 Colorado created a voluntary reclamation program and the Colorado Open Cut Land Reclamation Act followed in 1969. However without adequate funding for administration and enforcement this legislation proved ineffective.87 The Open Mining Land Reclamation Act of 1973 established the permitting process, limited bonding, reclamation timelines and standards for sand and gravel operators (as well as for other types ofmining).88 A multitude of statutes and regulations govern the decision making process in mining. A system of checks and balances exists at local, state and federal levels. Local laws and regulations must first be addressed in the case studies presented here those for Park County and Adams County. State statutes and regulations then involve the next level of scrutiny, followed by federal statutes and regulations. The governing agencies working in cooperation of the DMG (remember the DRMS is a division of the DMG) on mining issues are: The State Historical Society Colorado Division ofWater Resources (DWR) Colorado Department of Public Health and Environment (CDPHE) 87 Colorado Division of Minerals and Geology. Mined Land Reclamation in Colorado: An Overview (Denver, CO: Colorado Department of Natural Resources, n.d.), 2. 88 Ibid. 45

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U.S. Bureau of Land Management (BLM) U.S. Forest Service (NFS) U.S. Army Corps of Engineers County Planning Department (signage; sewage and waste treatment; road and bridge department; etc.) All applications for mining permits in Colorado must be submitted through DMG. The DMG and MLRB do not have jurisdiction over matters of air and water quality standards or water rights. Air and water quality issues fall under the jurisdiction of CDPHE which is the state agency given authority to address air and water quality issues relevant to federal statutes enacted as a result of the Clean Air Act of 1963, Air Quality Act of 1967, Clean Water Act of 1977 and Water Quality Act of 1987. The CDHPE has enforcement responsibility which has been granted by the Environmental Protection Agency (EPA); CDHPE authority can be superseded by the EPA if proper steps are not followed. The DWR handles all permit applications for water wells for the State of Colorado through the State Engineers Office which insures applicable water standards and compliance with Colorado water law. Colorado Revised Statute Title 34 Article 32 C.R.S. 34 32.5-116 outlines duties of operators in regards to reclamation activities and as outlined in Table 7. The following excerpts are taken directly from C.R.S. 34 32.5-116 as they address grading, replanting and pit lakes. C.R.S. 34 Mineral Resources can be found in its entirety at http://www.michie.com/colorado/. 2 C.C.R. 407 et. seq. can be found at http://www.sos.state.co.us/CCR/Welcome.do. 46

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(4) Reclamation plans and their implementation are required on all affected lands and shall conform to the following requirements: (a) Grading shall be earned on so as to create a final topography appropriate to the final post-extraction land use selected in accordance with paragraph (m) ofthis subsection (4). (b) If earth dams are constructed to impound water, the formation of such impoundments will not damage adjoining property or conflict with water pollution laws, rules, or regulations of the federal government or the state of Colorado or with any local water pollution ordinances. (f) In those areas where revegetation is part of the reclamation plan, land shall be revegetated so that a diverse, effective and long lasting vegetative cover is established that is capable of self-regeneration and is at least equal, with respect to the extent of cover, to the natural vegetation of the surrounding area. Species chosen for re-vegetation shall be compatible for the proposed post-extraction land use and shall be of adequate diversity to establish successful reclamation (emphasis added). (g) Where it is necessary to remove overburden to mine the construction material, topsoil shall be removed and segregated from other spoil. If such topsoil is not replaced on a backfill area within a period of time short enough to avoid deterioration ofthe topsoil, vegetative cover or other means shall be employed so that topsoil is preserved from wind and water erosion, remains free of contamination, and is in a useable condition for sustaining vegetation when restored during reclamation. If, in the discretion of the board, such topsoil is of insufficient quantity or of poor quality for sustaining vegetation or if other strata can be shown to be more suitable for vegetation requirements, the operator shall remove, segregate and preserve in a like manner such other strata which are best able to support vegetation. (h) Disturbances to the prevailing hydrologic balance of the affected land and of the surrounding area and to the quality and quantity of water in surface and groundwater systems, both during and after the mining operation and during reclamation, shall be minimized (emphasis added). Nothing in this paragraph (h) shall be construed to allow the operator to avoid compliance with other statutory provisions governing well permits and augmentation requirements and replacement plans when applicable. 47

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(k) All affected areas to be seeded or to receive transplants shall be seeded or transplanted using reclamation practices and techniques acceptable to the office. Planting methods include seedbed and seed preparation and soil amendments appropriate to the topography, physical and chemical characteristics of the soil, and selected plant species adequate to give best chance for successful reclamation. (n) If the operator's choice of reclamation is for agricultural or horticultural crops that normally require the use of farm equipment, the operator shall grade the affected land so the area can be traversed with farm machinery. Preparation for seeding or planting, fertilization and seeding or planting rates shall be governed by general agricultural and horticultural practices except where research or experience in such operations differs with such practices. (p) If the operator's choice of reclamation is for the development of the affected land for home site, recreational, industrial or other uses, including food, shelter and ground cover for wildlife, the minimum requirements necessary for such reclamation shall be agreed upon between the operator and the board. In addition, C.R.S. 34 32.5-116 addresses permanent pools and lakes by directing that no planting is necessary where such landforms have been created. (II) No planting shall be required on affected land: (C) Where permanent pools or lakes have been formed. Mining Permits Types of permits applicable to aggregate mining (paraphrased from DMG pamphlet):89 89 Colorado Division of Minerals and Geology. "Mined Land Reclamation in Colorado," 8. 48

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II 0 Limited Impact Permit -limited size of acreage which can be disturbed; and for hard rock mining the extracted tons of materials per year; material extracted is non-toxic or acid producing Ill Special Mining Permit sand, gravel and aggregate extraction for exclusive use on a government contracted highway or utility project 112 Regular Mining Operations for operations disturbing I 0 acres or more per year and extracting more than 70,000 tons of material per year; material extracted is non-toxic or acid producing II Od, 112d-l, 112d-2 and 112d-3 Designated Mining Operations-issued for operations ofhigher environmental risks than 110, Ill or 112 permits; also based on size of disturbance and amount of material extracted per year; high environmental risk, toxic or acid producing materials and toxic chemicals used in on site processing Corps of Engineers 404 Permit required when encroaching into the low flow channel of the river with fill Point source water quality issues are handled by the state through the National Pollutant Discharge Elimination System (NPDES) permit process. The Clean Water Act addresses non-point water issues in storm water regulations; the CDHPE is the regulatory agency for non-point source water issues. Mined Land Reclamation Board The MLRB consists of seven board members, five of whom are appointed by the governor. It is required that two have experience in the mining industry; two have experience in conservation and environmental resources; and one has experience in the agricultural industry. The last two seats are occupied by the executive director of the DNR (Department ofNatural Resources) and a member of the State Soil Conservation Board. The MLRB serves as adjudicatory council over the Coal and Minerals Programs. It does not have jurisdiction over local land use issues or those issues which fall under the dominion of other agencies. 49

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Only the MLRB has the authority to find an operator in violation of the Minerals and Mining Act, the regulations pertaining thereto and the provisions of the operating permit. The intent of this chapter was to point out the defining statutes and entities governing reclamation of aggregate mining in Colorado. Chapter 2 defined significance and significance of impact and looked at pertinent federal statutes. Both chapters were intended to illustrate the role the law and the regulation thereof in mining and reclamation. In addition, no portion of C.R.S. 34 32-101 et seq. addresses river stability or dam safety. Chapter 4 will now discuss the potential impacts associated with aggregate mining. In addition, disturbance ecology and the invasion of species will also be briefly discussed-disturbance ofthe land and invasion are consequences of surface mining. Many approaches exist to reclaiming waste landscapes, however the minimum requirements set forth in C.R.S. 34 32.5116 are usually implemented due to ease and cost effectiveness on behalf of the operator. Economics has been an argument against more stringent reclamation standards due to the increased costs to the operator, who would then pass on the increased cost to the consumer thereby eliminating inexpensive aggregate to the public. Current minimum standards are economically expedient for the operator; however the reclamation standards set forth by C.R.S. 34 32-101 et seq. are generalized and do not address the biodiversity of Colorado such as differences in lowland and upland riparian ecosystems, or issues related to specific local issues, communities, environments and microclimates. Reclamation has largely become known as 'back to original contour' and revegetation in an effort to set ecological processes in motion on a former waste site. The following differing approaches illuminate alternative design solutions and the potential of designed reclamation 50

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efforts which take other value considerations aesthetics, designed solutions which engage the public, urban environments, etc ... -into account. 51

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CHAPTER4 IMPACT, ECOLOGICAL DISTURBANCE AND RECLAMATION "Reclamation or reclaiming is much more complex than quantitative considerations alone. More difficult to discern are the creative, ethical, aesthetic, spatial, temporal, naturalistic and philosophical effects of reclamation. From the qualitative point of view there are more questions to consider: Why do we reclaim disturbed landscapes? How are reclaimed landscapes perceived, and how do they evolve? Are there other cultural and environmental benefits of reclamation? Should we continue to pursue or even value reclamation as a landscape practice? If so, what might the results be? "90 Any mining activity inherently causes impacts. In aggregate mining there is obvious disturbance of the surface, in addition to the potential effects on groundwater, surface water and water bodies in the vicinity or downstream (a.k.a. water quality and quantity), aquatic and terrestrial vegetation and wildlife, soil quality and erosion, air quality and impact on cultural resources to name a few. As has been demonstrated, environmental legislation and regulations in place are an attempt to limit, control and offset many of these impacts. Two sources were reviewed to discuss potential impacts: Hardrock Mining on Federal Lands and Report on the Environmental Setting and Potentia/Impacts of the Proposed Destiny Gold Mine. Potential Impacts of Aggregate Mining The National Research Council covers potential environmental impacts of hardrock mining in its published report Hardrock Mining on Federal Lands. 90 Berger, Reclaiming the American West, 15. 52

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Although the report focuses on hardrock mining, these are also impacts applicable to aggregate mining operations. The following impacts are taken and paraphrased from that report (Chapter 2 and Appendix D). 1. Ground and surface water. Groundwater withdrawal for processing can create a cone of depression in local aquifers resulting in reduced quantity and levels. Pit lakes can form when surface mines fill with water altering water quality through discharge and quantity through evaporation. Hardened surfaces reduce the ability of absorption and percolation; runoff from roads can carry excess sediment, oil from vehicles and accelerate the rate of runoff. Stored topsoil and backfill materials alter landform and can interfere with surface water drainage patterns. Topsoil overburden pretreated for preparation in reclamation can leach excessive artificial fertilizers to existing water bodies. 2. Vegetation. Pristine or rare plant communities in mountainous terrain are of special concern. Use of and distribution of non-native plant species can be introduced during reclamation and/or by dispersal from vehicular traffic. Landscape degradation is inevitable due to surface disturbance in surface operations. (Remember sand and gravel removal is considered a surface operation.) 3. Wildlife. Roads create significant impacts on movement and migration patterns of wildlife by creating barriers and fragmenting habitat. Wildlife, waterfowl, migratory birds and aquatic life may be affected through bio-concentrationthat is the consumption of plants, aquatic plants and other wildlife contaminated by sediments potentially causing increased levels of toxicity. Fragmentation of habitat and barriers to movement are especially noticeable in relation to smaller mammals. (emphasis added) 4. Soil. Erosion can be caused from road construction and disturbance of topsoil. Alteration of soil quality and structure is also a potential impact. 5. Air. Fugitive dust from overburden piles and added dust from roads can affect air quality. The potential for added air pollution also exists from tailings, road surfaces and heavy machinery operation. In general, the activities of mining, loading, dumping and crushing are potential sources of fugitive dust. 6. Noise. 53

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Generation of noise can affect wildlife and modify human behavior. Noise levels can rise due to increased roads, heavy equipment operation and processing operations. Extreme disruption from increased noise levels can interfere with animal reproduction and/or force animal populations to relocate. Other examples of potential impacts at the Destiny Mining site are provided by Tom Williams, Senior Restoration Ecologist in his Report on the Environmental Setting and Potential Impacts of the Proposed Destiny Gold Mine Located on 80 Acres of BLM Land near Fairplay, Colorado are in relation to soil quality and native vegetation. The site in its current state supports sensitive high altitude native grassland and forest plant communities. The proposed reclamation plan indicates topsoil overburden to be stockpiled and replaced upon completion of mining. A high percentage of the biological component of the soil will be lost in this action. It is well documented, and readily visible in other remnants of mining activities in the immediate vicinity from the past, that native vegetation is difficult to reestablish at this elevation. A revegetation process of at least fifty years is estimated to reestablish the site to similar pre-existing conditions or a native plant community. The submitted reclamation plan only offers artificial replacement of lost nutrients to the soil and a one-time reseeding of the pit, at a slope of3: I in an area that is currently flat. The above impacts are of course generalized and would need to be analyzed in depth on a case by case basis dependant on site. Surface disturbance is an inherent impact of surface mining; the most visually apparent impacts are the alteration of the surface topography and alteration of surface vegetation. In addition, disturbance of terrestrial vegetation leads to invasion of non-native species.91 91 This paper refers to invasive species as those that are non-native and aggressive and/or those which crowd out vegetation native to Colorado. 54

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Disturbance and Invasion The human inflicted ecological disturbance of aggregate mining is traumatic in nature-abrupt, sudden and devastating changes are equivalent to shock; aggregate extraction quickly alters the visual landscape and leaves openly visible wounds and scars on the earth's surface. Aggregate mining is moving earth. Removal of topsoil, subsoil and unusable material is necessary to extract the desired product and earthmoving is an expensive process. In addition, each movement results in a 15% loss of topsoil and severe degradation occurs over time.92 Often this overburden must be handled more than once if not placed strategically or if simply placed to remove it from the mining area. Repeated movement increases topsoil loss and operational costs. In Reclamation: Taking the Right Steps -Planning and purpose are two goals of a successful reclamation strategy an article in Pit and Quarry magazine, Darren Constantino suggests planned earthmoving as cost effective and states, ... building useable land as an integral part of a planned mining and earthmoving program should result in the placement of earth material in the right location the first time and with little or no increase over basic topsoil and subsoil stripping."93 Constantino asserts that this can be achieved through planned reclamation with an end purpose. Typically, to avoid soil degradation, seeding takes place on stockpiled topsoil. However if seeding is not carried out properly, disturbed soil is open ground for invasive species. 92 Arbogast, Knepper and Langer. "The Human Factor," 15. 93 Darren Constantino, "Reclamation: Taking the Right Steps Planning and purpose are two goals of a successful reclamation strategy," Pit & Quarry, Feb. 2001, 2. 55

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Disturbance ofland lends itselfto species invasions. In relation to human interference, this is mainly through cultivated land (recall the total landmass utilized for agriculture at 60 to 70% in the US) or land modified by other human practicesfire, timber harvesting, water diversion and of course mining. The post-mining landscape is environmentally unstable and likewise susceptible to the invasion of exotic and invasive species. An ecological invasion-or explosion-is the enormous increase in numbers of an organism. Elton uses the term 'explosion' for this phenomenon "because it means the bursting out from control of forces that were previously held in restraint by other forces."94 Ecological explosions can develop and die slowly and therefore be imperceptible, however their long term effects can be detrimental. Outbreaks of populations can happen naturally or through introductions deliberate or accidental. Not all introductions are harmful; however all do change the balance of native species. The spread of non-native species has been widely brought about by the movement of humanity and the intentional introduction of agricultural crops, grasses, garden plants and forest crops.95 We are currently living in a period of the world's history in which "the mingling of thousands of kinds of organisms from different parts of the world is setting up terrific dislocations in nature."96 In addition, the human population is increasing exponentially and with it man's desire for more resources. Alan Berger in Reclaiming the American West. noted there are several pressures facing the American 94 Charles Elton, The Ecology of Invasions by Animals and Plants (London: Methuen & Co. Ltd., 1958), 15. 95 Elton, The Ecology of Invasions, 51. 96 Ibid, 18. 56

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West in resource development-the amount of land controlled by the federal government and the location of resources and their inevitable development. 97 This is one component of the bottom line of reclaiming the post aggregate mining site in an urban setting. Anytime the demand and quest for more is made into unexploited territory, there are new ecological disturbances and the stage is set for new invasions. Reclamation is an attempt to set ecological processes in motion. A decrease in richness and variety of species is evident on land exploited and simplified by man creating monocultures for agricultural, timber and rangeland purposes. These issues are relevant in relation to the disturbance caused by mining operations and the simplification of the landscape ecosystem in post-mining reclamation. The battlefield of invasive species takes on three different fronts-quarantine, eradication and control. Due to the nature and duration of mining operations and the resulting explosion of invasive species in the post-mining site, the efforts of eradication and control are utilized. Eradication and control contribute to the use of chemical controls and the application of herbicides. Invasive species are prevalent at the Thornton Pit and would be a result at the proposed Destiny Mining site due to the difficulty of establishing native plants at altitude and the one-time reseeding plan in place. Some of the native and common invasive species found at the Thornton Pit are discussed below in relation to how non-natives take over and alter the riparian habitat. Plains cottonwood, an indicator species of a riparian habitat in eastern Colorado, requires spring flooding and wet conditions for germination through seed dispersal bare, moist substrates that are created by spring flood flows and 97 Berger, Reclaiming the American West, 16. 57

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subsequent decline in water levels. 98 These conditions must likewise exist for peachleaf willow and sandbar willow shrubs also native indicator species. Covich, Fausch and Strange cover the historical morphology of the South Platte River in Sustaining Ecosystem Services in Human-Dominated Watersheds: Biohydrology and Ecosystem Processes in the South Platte River Basin. The South Platte, prior extensive agricultural and domestic use, experienced high spring flow levels abundant in fine sediments creating a wide, shallow, braided channel with shifting sandbars and alluvial islands. 99 This promoted the generation of native plants of the Salicaceae family (cottonwoods and willows). Since the 1930's, water diversions from the western slope have been implemented to augment the declining supply of water in the South Platte; in addition, there are 15 inter basin diversions from the West Slope, 500 irrigation ditches and I 000 reservoirs that remove water for agricultural and domestic use.100 As a result, the river's channel has been highly modified by channelization and other structural modifications and the invasion of shade-tolerant exotic plants has been allowed to take place.101 Russian olive, an introduced and invasive species, will not germinate under wet conditions. The result of altered river ways and spring flood patterns caused by development allows the Russian olive to win out in the battle for ground. Changes in riparian vegetation due to altered hydrology affect habitat and food resources for 98 Gladwin and Roelle, "Establishment of Woody Riparian Species from Natural Seedfall at a former Gravel Pit," Restoration Ecology, Vol. 7, no. 2: 185. 99 Alan P. Covich, Kurt D. Fausch and Elizabeth M. Strange, "Sustaining Ecosystem Services in Human-Dominated Watersheds," Environmental Management, Vol. 24 no. I: 42. 100 Ibid, 42. 101 Ibid, 44. 58

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riparian fauna. It is estimated that one third of the native Colorado bird population will be reduced due to loss of habitat and the continued succession of Russian olive in place of grassland.102 In addition, the Russian olive does not support insects which birds normally feed on, nor is the wood of the tree suitable for cavity-nesting. Another exotic species Tamarisk, or Salt Cedar, was initially introduced as a measure against soil erosion in the US. It has now become naturalized and displaced native willow species in riparian areas. Salt Cedar has no natural enemies and is likewise not conducive to supporting wildlife for feeding or nesting. Kochia varieties are introduced annual plants and reproduce by seeds; they are commonly found in cultivated fields and waste places. Its proliferation at the Thornton Pit now dominates a large expanse of the site which could be native grasses that would support native wildlife. Thistle varieties are also prevalent at the Thornton site and these aggressive perennials choke out native species due to their hardy root systems. Thistles are most prevalent along the water's edge at streamside and pit lake slopes. Disturbance then sets the stage for invasive explosions which is readily evident at the Thornton Pit. Native species cannot compete with aggressive non natives in a newly established ecology. 102 Covich, Fausch and Strange, "Sustaining Ecosystem Services in Human-Dominated Watersheds," 47. 59

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Reclamation IS: "R I . if h "103 ec amatwn, at present, zs more o an art t an a sczence. Reclamation as defined by the Colorado Open Mining Land Reclamation Act ... the employment, during and after an operation, of procedures reasonably designed to minimize as much as practicable the disruption from an operation and provide for the establishment of plant cover, stabilization of soil, protection of water resources, or other measures appropriate to the subsequent beneficial use of such affected lands."104 Ecological succession of the post-mining site is in part dependent upon predetermined post-mining land uses usually specified by zoning and land use regulations and the reclamation practice of choice. Site alteration and the disturbance of geology, topography, soil components, flora and fauna habitat caused by mining operations are also a determinant of the post-mining emergent landscape. The extractive process of mining leaves scars on the landscape and is often left with minimal reclamation requirements being met. Small mining operations often cannot justify the cost to benefit ratio of including extensive reclamation plans and implementation of recovering the post-mining landscape past these requirements. Despite financial assurances, reclamation and maintenance costs often become the burden oftaxpayers. However Adams County claims, "Protection of the South Platte 103 Heifner, "Sand and Gravel Mining in Colorado," 146. 104 Arbogast, Knepper and Langer, "The Human Factor," 6. Quoting Colorado Senate, 1995, Colorado Land reclamation Act for the Extraction of Construction Materials. C.R.S. 34.5. 60

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River conidor is not a function of private enterprise. It is a governmental function."105 Does that then include the responsibility of reclamation post-mining? Post-mining land use lends itself to a multitude of possibilities through a wide spectrum of potential land uses ranging anywhere from agricultural to recreational. Successful reclamation is capable of creating endless possibilities in a post-mining landscape and many approaches to reclamation exist. Historically there has however been a general lack of cohesiveness in approaches to reclamation between cities and counties along the front range which has led to a series of unrelated river front spaces. The greater Metro Denver area practices four general landscape reclamation types including water storage for city use, open green space and wildlife habitat, recreational space and camouflage ('landscape cosmetics' and hidden scenery).106 The lack of cohesiveness in these approaches creates a patch work of river landscapes not conducive to a larger conidor matrix. Mira Engler outlines several strategies for reclamation of waste sites in Waste Landscapes Permissible Metaphors in Landscape Architecture. Likewise in its Colorado Front Range Resources Project The Human Factor in Mining Reclamation, the USGS has subdivided reclamation activities into several categories to approaching reclamation. Many of these approaches are overlapping, however each is usually considered to belong to "a distinct discipline or profession, representing varying values, interests and outlooks."107 These design approaches are covered in detail in both articles, however a quick bullet point and brief description of each are provided 105 Adams County, "Background for Gravel Mining Criteria Development," 20. 106 Arbogast, Knepper, Melick and Hickman, "Evolution of the Landscape along the Clear Creek Corridor," 12. 107 Engler, "Waste Landscapes," 15. 61

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in Table 9 at the end of this chapter. The categories put forth by Arbogast, Knepper and Langer (USGS article authors) are inspired by and derived from Engler's work on reclaiming waste landscapes. However, only a few of these approaches-restoration, mitigation, integration, and utilitarian versus rehabilitation will be discussed here in relation to this thesis as they most closely address sensitive habitat rehabilitation and the preservation of endangered habitats in urban, suburban and exurban settings. The most recent definition of restoration from the Society for Ecological Restoration states: "Ecological restoration is the process of assisting the recovery of an ecosystem that has been degraded, damaged or destroyed."108 Within the field of restoration ecology, questions and debates arise as to the validity of restoring a habitat to a past condition and maintaining it in that state; restoring to previous habitat and allowing ecological changes to occur naturally; the historical and ecological integrity of a site; and the desired biodiversity and functioning ecological systems attainable in restoration. Restoration represents certain values and places one type oflandscape above another; and, "does create a new, viable landscape for wildlife and does reconstruct 'nature' for people, but is just another form of masking waste."109 An argument for the restorative approach includes the recapturing of the genus loci of the pre-disturbed landscape and its function. After SMCRA, 108 Stuart Allison, "You Can't Not Choose: Embracing the Role of Choice in Ecological Restoration," Restoration Ecology, Vol. 15, no.4: 602. Quoting the Society for Ecological Restoration Science and Policy Working Group 2002. 109 Engler, "Waste Landscapes," 17. 62

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B ....., __ ----""--_,.._ P/B 0 flow. no TIME--+ Early L.ce ....... ( ('21fnaa) a.....lcd-C.-.raanwl sc,._.,. ... ft."'lk'CI" ............ -..... G,.,h, r IWecUoa Gtowda II._, F...-,. 9banLilta.---Shnplo 1\.opid '""'" <:,doo 1 Lc.okr <:..:leo 1 Sctworbwich l.oo.: SctworiL Artk.'ul.-liua .,._,. nm.1h.lt S.:lmlon .,.....,....., a..-SmJII Nk:bc C:O...pk:s Sloo. 1-Cy"""' ( R.o)'olo .. I ,. ...... orlu& .nth ,\nk:uloood s..-. .._, r--., ..Slur&)' ....... F,.. F.nora) and !""" -n.. ._,. t:n.ar .......,_ n,_ -r-1&1---doatoa ..... o.. ...... Bl*tllc---(Eat.....,.-por Uall o(f'low, -.orlal.....,""')-wldo-......-... .._s ... U-.lol_lllol __ "'...,.. __ ,_ c-..a--"'Wony m .. .,.,. ... ._... .. ......,..... Lcvdl 1 w-: ,.,.. 1 w ... c ......... Hi&boroo-y Lo.w"-illlaol IIWo
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reclamation came to be largely defined as "back to approximate original contour."111 Reasoning followed that the best land use post-mining was restoration to original condition. This further raises questions as to what condition prior to mining, pre European settlement, before Native American wildfire management, or to the last ice age? Earthmoving is expensive and back and refilling pits would accrue enormous costs. In addition, this would still not return the landscape to "original condition". Back to approximate original contour in surface aggregate mining would simply be cost prohibitive. In relation to the post aggregate mining site, is restoration actually achievable after significant landform alteration via removal of strata and subsequent soil re composition upon replacing topsoil and overburden and altered river ways? The surface mining process of aggregate extraction alters landform, river morphology with imposed channelization and soil composition and structure. Restoration implies returning something to a previous condition. However in the case of aggregate mining landform is manipulated, permanent lakes or ephemeral ponds are created, soil undergoes compositional, structural and nutritional changes and overburden and stockpiles become seed beds for invasive species. What once was cannot be replicated. "In order for restoration to avoid the problem of being just another managerial interference with nature, for it to really be about repairing 111 Micsak, "The Legal Landscape," 163. Quoting SMCRA: "Approximate original contour is defined in section 70 I (2) of SMCRA as: The surface configuration achieved by backfilling and grading of the mined area so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls and spoil piles eliminated; water impoundments may be permitted where the regulatory authority determines that they are in compliance with section 515(b)(8) ofthe Act." 64

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the environment, then restoration has to avoid restoring the environment solely to benefit human needs and desires."112 However any act of reclamation is based on human values and perceptions of acceptability. The next approach, mitigation, concerns itself with the amelioration of potentially destructive practices and consequences. Polluted land, water and altered waterways would fall under this category, as well as reclamation of environments which have undergone major changes in attempts to restore the land to beneficial use. Designs stemming from this approach are scientific and engineered with the type of information utilized in reclamation planning including "geomorphic setting, watershed, view shed, hydrology, soil and waste characterization, climate, vegetation, wildlife habitat and historica1."113 Mitigation as defined by CEQ Part 1508.20 includes: (a) Avoiding the impact altogether by not taking a certain action or parts of an action. (b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation. (c) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment. (d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action. (e) Compensating for the impact by replacing or providing substitute resources or environments. 112 Allison, "You Can't Not Choose," 603. 113 Arbogast, Knepper and Langer. "The Human Factor," 16. 65

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Mitigation addresses 'significance' and 'impact' as outlined in NEPA; these criteria would then be utilized in preparing a Mitigated FONSI. An example of significant impact resulting from the aggregate mining along the South Platte can be found in South Platte Park in Littleton. Arbogast, Knepper and Langer discuss and use this site as an example of the mitigation approach in The Human Factor in Mining Reclamation. The authors of the article attribute the environmental damage caused to flooding; whereas it is more probable that the resulting detrimental effects were caused by the cumulative impacts of extensive aggregate extraction and prior C.R.S. 34 32-101 et. seq. Cooley Gravel Company extracted 26 million tons of aggregate from a site along the South Platte over a period of 35 years.114 After mining operations were complete, two separate flood events breeched levees (artificial river constructs not allowing for natural morphology of the river) and altered the course of the river. As a result, Cooley Gravel was required to reclaim the land and then donated it to the city of Littleton (the city likewise contributed land). During reclamation Cooley Gravel worked closely with the Army Corps of Engineers and the Soil Conservation District to mitigate breeching and further soil erosion. The site now incorporates native plants, trails, fishing and educational tours with the Carson Nature Center and is a successful portion of the South Platte recreation corridor. This is a result of mitigation and reclamation of significant impacts post mining completion. This site in its current state also serves as an example of successful reclamation which honors a riparian ecosystem the proper use of native vegetation and successfully engages the public through educational and recreational opportunities. 114 Arbogast, Knepper and Langer, "The Human Factor," 17. 66

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Engler's integrative approach seeks to combine a myriad of approaches. "It integrates the principles of ecology with the philosophy of art scientific rigor with expressive metaphors."115 This strategy marries the dynamics of nature and culture in changing the abused site, yet remaining true to its source of becoming as a reminder of humanity's consumption, valuing the larger ecosystem in place and accommodating human interaction. The aim ofthe integrative approach is to "create integrated human-nature ecosystems;" and "to develop public ownership and responsibility and modify aesthetic sensibilities."116 The integrated site addresses aesthetics and culture, fulfills recreational needs and protects sensitive ecosystems. The strength of this approach lies in multidisciplinary cooperation and the merging of scientific information with design principles. Heifner's opening quote to this chapter was anticipatory of Engler's integrative approach. Utilitarian uses are defined as those mentioned previously by Arbogast, Knepper and Langer which are currently implemented along the South Platte of the Front Range, in addition to utilities development, storm water drainage, highway right of ways and recreation.117 The utilitarian approach is frequently implemented in urban areas with large population centers. Arbogast, Knepper and Langer refer to the utilitarian approach as 'rehabilitation. However, rehabilitate is defined as ... to put back in good condition; to reestablish on a firm sound basis" in Webster's New World Dictionary. In redefining current rehabilitation practices as 'back to good condition' and 'reestablishment on a sound basis', rehabilitation would then seek to 115 Engler, "Waste Landscapes," 20. 116 Ibid, 22. 117 Arbogast, Knepper and Langer, "The Human Factor," 15. Quoting West and Block, 1994, Creating Structural Compatibility, Part 3: Rock Products. 67

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return the land to a healthy condition and establish a sound, functioning ecosystem. By building on a new definition of rehabilitation in adding Engler's integrative approach-recalling that Engler's integrative approach combines science with design principles and integrates the human interface in urban settings -a new twist to rehabilitation is created which makes an ethical and value laden choice based on riparian ecosystem depletion (in the case of the Thornton Pit) and reestablishment of the high mountain prairie ecosystem (in the case of Destiny Mining) -both sensitive habitats. Therefore, given the statistics of Colorado's riparian systems -1% of Figure 4: Grave/lakes of the Front Range. /IX 118 Berger, Reclaiming the American West, 158. 68

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Colorado's landmass as riparian in nature; 75% of all wildlife utilizing riparian habitats sometime during their lifetime; and the potential loss of 1/3 of Colorado's native avifauna as a result of riparian grassland habitat loss-the case for riparian ecosystem and sensitive habitat rehabilitation is supported in this research paper. Figure 5: Aggregate mining along the South Platte; Thornton Pit included in left panel of illustration. 119 119 Berger, Reclaiming the American West, 55. 69

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---------Table 9: Synthesis of approaches to reclamation. Approaches to reclamation: Natural-time heals all wounds Camouflage cover; out of sight out of mind Restoration return to previous conditions Rehabilitation rehabilitate to a healthy state of functionalism Recycling adapt to a new land use or public amenity Mitigation -mitig_ate the severity of potential environmental impacts Renewable resource aggregate is a non-renewable resource Education site for learning; education related to waste sites Art (also referred to as 'celebrative' by Engler) -land art Integration-" ... an infusion of ideas across disciplines and professions; a collaborative, complex approach ... 120 There are many approaches to reclamation; all make ethical and value laden choices depending on the end use of the post-mining site. All offer a myriad of possibilities in design solutions of the post-mining landscape. The questions raised by Alan Berger in the quote at the beginning of this chapter are valid. Why do we reclaim? lfwe adhere to Eliade's religious explanation in Chapter 1, then we reclaim for reasons of dwelling and stewardship. If we reclaim because the law mandates it, then environmental legislation grew out of an ethic of environmental responsibility and the values ofthe 1960' and 1970's. If we reclaim to avoid further environmental impacts, we are in part adhering to the law and an ethical environmental responsibility. If we reclaim for Engler's reasons, then we are reclaiming for acknowledging and educating society about our collective consumptive habits. Do we perhaps reclaim out of guilt and shame to make amends as suggested in the following quote, 120 Engler, "Waste Landscapes," 15. 70

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"We can anticipate that, in actively fostering an ecological self, people will experience periods of guilt and shame over their previous negligent or destructive environmental behavior, as well as a desire to make amends."121 Regardless of the reasons for reclaiming, the involvement of a landscape architect in the design realm of reclamation efforts takes values, aesthetics and human integration into account in urban environments. The simple proximity of these sites in relation to human populations dictates they will be utilized in some fashion or another by people which must be considered in design solutions. This ultimately implies value judgements will be made based on the end use outcome; the end use largely being the creation of a healthy, functioning system; a system which is 'usable' and aesthetically acceptable to human perceptions and cultural constructs. An aggregate mining site in a remote location away from human settlement will go through the natural processes of primary succession and eventually establish a new functioning ecosystem. However allowing this to happen in an urban setting leaves the perception of a 'waste and weedy' landscape, or an eyesore, which may prove of further detriment to the site in the long run due to humanity's environmental abuse of waste sites. 121 Mary E. Gomes and Allan D. Kanner, 'The All-Consuming Self," in Ecopsychology: Healing the Earth, Healing the Mind, eds. Theodor Roszak, Mary E. Gomes and Allen D. Kanner, (San Francisco: Sierra Club Books, 1995), 91. 71

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CHAPTER 5 TWO CASE STUDIES REFLECTING IMPLEMENTATION OF MINIMUM REQUIREMENTS ... in Colorado and many other States, no landscape architect is required to review reclamation plans as part of the approval process. "122 The sites selected for illustrating adherence to current reclamation requirements are those of Destiny Mining in Park County and the Thornton Pit of Adams County (reclamation plans can be found in Appendix A and B respectively). Destiny Mining is a proposed operation on BLM land just outside Fairplay town limits. The Thornton Pit is a completed operation (part of the greater Gravel Lakes along the Front Range) in Adams County. Selected portions of each site are developed in design diagrams and charettes. The diagrams and charettes on the following pages of this chapter are intended to illustrate the potential site development in utilizing a landscape architect prior to and post mining operations. They are also intended to demonstrate the design potential of the post-mining site in integrating multiple uses for sensitive habitat rehabilitation and human involvement. A brief discussion on the benefits of the involvement of a landscape architect will be covered first. Next a few basic ecological design principles pertinent to reclaiming riparian and len tic (lake) ecosystems which can be applied in general to the sites chosen will also be covered briefly before going into design charettes. Thirdly, a brief description of each operation is included; followed by design diagrams pertinent 122 Arbogast, Knepper and Langer, "The Human Factor," 7. 72

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to that specific site beginning with Destiny Mining in Fairplay and ending with the Thornton Pit in Adams County. The Role of the Landscape Architect The landscape architect brings creativity, design principles, aesthetics, and cultural, social and psychological issues to the table in reclamation planning. The landscape architect is also indispensable in mediating between mining operators, the community and the disciplines of hard science. In Interrogating a Landscape Design Agenda in the Scientifically Based Mining World, Arbogast addresses the current perceptions of landscape architects within the scientifically dominated mining world; the lack of utilization of a landscape architect's skills in reclamation planning and the education oflandscape architects. Currently a lack of dialog exists between scientists and landscape architects. Arbogast attributes this to the perceptions of the landscape profession in the eyes of the scientific community this list is a compilation of views of the landscape architect obtained from a survey conducted by Arbogast of scientific professionals within the USGS.123 In general, landscape architects are perceived to lack knowledge in local climate, drainage and topography issues, soils science, plant nutrition, plant ecology and native plants, wetlands and other habitats, pollution, budgetary concerns, hydrology and surface geology and geomorphology. This is an extensive list of topics, all ofwhich are addressed in reclamation ofthe post-mining site. The earth scientist holds the view that landscape architects lack formal training in the sciences and are therefore not capable of understanding the complexities ofthe 123 Belinda Arbogast, "Interrogating a Landscape Design Agenda in the Scientifically Based Mining World," in Designing the Reclaimed Landscape, ed. Alan Berger (New York: Princeton Architectural Press, 2002), 53. 73

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environmental processes involved in reclamation planning. In addition, landscape architects are often viewed solely as "artists and horticulturists."124 The conclusion of the article includes a small critique of the lack of earth science education in landscape architecture and among the general public: "In order for form to be as important as function and for meaning to be as important as purpose in the post-mining landscape, landscape architects must consider earth science issues. Landscape architects, along with the general public, must become educated about the environmental impacts of mining." The critique further goes on with ... landscape architects may have to prove themselves as researchers before they are accepted as part of a scientific team." And finally ends in: ... scientists desire that design professionals incorporate a scientific background into their ongoing education, thereby equipping them to create landscapes that are sustainable and respectful of spirit of place, while responding to environmental concerns. By combining science with design, one can use the latter to teach the former." 125 Despite these perceived shortcomings, Arbogast does indeed promote the utilization of the landscape architect in reclamation planning and it should be noted what the landscape architect does bring to the table. Landscape architects are trained in understanding the human dynamic in the landscape for example in the arenas of the sense of place, scale and movement through space. In addition, people in the 124 Arbogast, "Interrogating a Landscape Design Agenda," 53. 125 Ibid, 59. 74

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landscape are considered via aesthetics, historical knowledge of a given place, land use and zoning issues, psychology and sociology (which explain public perceptions and opinion), community involvement, dialogue across disciplines and culture and ethnicity of the community.126 The landscape architect is also highly trained in design principles. These are often issues relegated to unimportance in scientifically engineered solutions. The potential antagonism that exists between the sciences and landscape architecture need to be put aside to discover "what the world of design and planning has to offer the world of earth science and vice versa. "127 Rosenberg likewise pitches the role of the landscape architect, "Landscape architects have a tradition of holistic thinking and roles as synthesizers. Landscape architecture is by nature an open-ended art form unlike any other. This puts landscape architects in a peculiarly strong position to point out the paradiF shift, and to integrate new paradigm thinking in their designs."12 Riparian and Lentic Habitat Considerations The Native Plant Revegetation Guide for Colorado outlines site assessment criteria to be taken into consideration when planning for riparian and wetland ecosystems. These criteria include the hydrology of the site, soils, topography, and biology. Hydrology includes the examination of surface and ground water. The amount of surface water influences size of the ecosystem to be created and the 126 Arbogast, "Interrogating a Landscape Design Agenda," 59. 127 Ibid, 52. 128 Rosenberg, "An Emerging Paradigm," 82. 75

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potential severity of erosion; whereas ground water accounts for seasonal fluctuations and the depth of the water table throughout the site. Water, of course, is critical to establishment of flora at a reclamation site as well as habitat for fauna and avi-fauna. "Open water areas provide loafing, brood rearing, and perhaps some feeding habitat for ducks and geese, as well as feeding habitat for herons. Shallow-water areas and mud flats created during drawdown attract shorebirds ... "129 Soil considerations include permeability, erosion potential, and water holding capacity which contribute to water retention and inundation, as well as available nutrients to support riparian and lentic ecosystem flora. The addition of organic matter to compromised stored soils upon replacement aids in boosting water holding capacity. Organic matter and the addition of micro-organisms are preferable to artificial chemical enhancement due to statistics provided in the conclusion of this thesis (see page 124) regarding nitrogen and phosphorus levels of the South Platte. According to Gladwin and Roelle, topography considerations include drainage, relation to water table depth and slope. Slope is particularly of interest in resulting pit lakes because, "Shallower slopes are recommended if wildlife use is a primary objective, because they favor establishment of submergent and emergent vegetation over a larger area." 130 129 Gladwin and Roelle, "Establishment ofWoody Riparian Species," 189. 130 Ibid. 76

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The ecological function and biology of the site in its current state will also play a determining role in the creation or addition of a riparian or lentic habitat. Other factors include land ownership, zoning issues such as designated use and adjacencies, construction costs of the reclamation project, long term maintenance and the interests of the general public. Plant materials, planting methods and planting frequency play a large role in the establishment of secondary succession post-mining. Herbaceous plant material comes in containers, plugs, bareroot, wetland seed and stored topsoil. Woody plant material is also available in containers, as transplants, poles, stakes and wattles. Success rates o types of planting material vary depending on installation, however spring and fall planting is generally recommended. Seeding is useful in erosion control and can be either broadcast or drilled. Planting density depends on the rate of establishment desired, the potential of competition from invasive species and the likelihood of wildlife feeding on new plantings. It is recommended to plant and seed for a successive period of three years for optimum establishment (in comparison to one time reseeding plans implemented with reclamation plans adhering to minimum standards). 131 The above listed habitat considerations are by no means extensive, but rather intended to demonstrate the extensive parameters of reclaiming a site post-mining. A table of woody plants well suited for reclamation follows, as well as a diagram of pit lake slopes and vegetation zones of riparian habitats. This information is then useful in designing ecological solutions to the post-mining site and can be applied likewise to the Destiny Mining and Thornton Pit sites. 131 Colorado Natural Areas Program, Native Plant Revegetation Guide, 177. 77

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Table 10: A summary of basic life-history traits which preadapt woody plants for growth on mine reclamation sites. 132 Adaptive characteristics of woody plants suited to reclamation Germinate readily from seed Grow quickly Tolerant of sun and wind exposure and high temperatures Regenerates via suckers, stump sprouts, rhizomes or branch layers Able to grow in soils with low pHs Be tolerant of drought induced by course textured and compacted soils Be able to form symbiotic relationships with nitrogen-fixing bacteria On wet sites be tolerant of water inundation Be able to form symbiotic relationships with ectoand endomycorrhizae Be able to grow with high concentrations of heavy metals 132 Peter Del Tredici, "Disturbance Ecology and Symbiosis in Mine-reclamation Design," in Designing the Reclaimed Landscape, ed. Alan Berger (New York: Princeton Architectural Press, 2002), 23. 78

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shallo wer sloJ.e cr Ht efrable l D \lDJ!TAiJlJ for a ut"lty of and tl ll shallower slo1 e ref u"t-1 aeceu section d1ei!jt8::'11 not to scal e ve11:etation z ones cot t on,.,oo d valleti e s r 1 vet a or. tlfU Ulo.t al..r ba on first le"el of nat:.ual mbanl;mAn t l!'lAUtat ion r i v e r I C OUlir.Q OCCUll oo'l tb v at"!'t lev"!'ls and flo fluetuat i ons 1n seasonal eh.anltes &ne: tlft tantions iA 1.er t 1 Figure 6: Diagrammatic illustration of 3: I and 5: I pit slopes with and without rip-rap; current reclamation standards stipulate a 3: I slope for pit lakes. This diagram also illustrates vegetation zones within a riparian and lentic system. 79

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Destiny Mining, Park County Destiny Mining is a proposed aggregate mining site located in the southwest comer of Section 33 Township 9 South, Range 77 West just outside Fairplay, Colorado town limits (see diagram on following page). Secondary mineral recovery will include incidental gold and silver. The Fairplay West Quadrangle has been mapped by the Colorado Geologic Survey (see map page II2); the location ofthis parcel sits atop the Colorado Mineral Belt (see figure I5 on page II3 ). The 80 acre parcel is currently managed by the BLM; is zoned mining by Park County and Conservation and Recreation by the BLM; and surrounded by residential developments with National Forest Service land just to the west ofthose developments. A II 0 mining permit application has been completed (permit number M-2009-065 on file at DRMS). The project has undergone the public scoping phase of an EA and a draft EA is available for review until Oct. 30, 20 II on line at http://www.blm.gov/co/st/en/fo/rgfo/minerals/locatable minerals/destiny mining pro posal.html. A Record of Decision (ROD) had not yet been issued by the BLM at the time of writing this thesis. This site is also currently earmarked for disposal by the BLM (meaning for sale or for exchange). The mining and reclamation plan are found in Appendix A. The Middle Fork of the South Platte lies just north of the site. The landscape is an ecotone comprised of montane grassland, aspen and lodgepole pine. However due to Fairplay's extensive mining history, the site is a former county dump and in addition is littered with mining refuse. Mining refuse is a common geologic feature in the area reaching a depth of 30' .133 133 Beth L. Widman, Robert M. Kirham, Karen J. Houck, and Neil R. Lindsay, "Geologic Map of the Fairplay West Quadrangle, Park County, Colorado," (Colorado Geological Survey, Denver, 2006) Open-File Report 06-7, 47?. 80

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,-----Figure 7: Map of proposed mine and surrounding town of Fairplay. The Middle Fork of the South Platte is a tributary water source with the Minturn Formation as the principle aquifer underlying this portion of South Park. This aquifer is recharged through precipitation. Site analysis conducted in fall 2009 revealed that there are a total of 13 wells in the immediate vicinity which include monitoring wells for the Town of Fairplay; domestic use wells and livestock wells. The static water levels range from 25' to I 05' (see figure 7 on the following page). Due to the elevation of the Fairplay area (9,500') the growing season is shortapproximately 45 days and the soils of the area are generally lacking in fertility and 81

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nutrients with thin layers of A and 0 horizons. This equals slow reestablishment of native flora. The soil at the site is a Hodden sandy loam; characteristics ofhodden soils are outlined in table 10 on the next page. The nature of the deposit at this site is alluvial gravel, sand and clay that was transported and deposited by flowing water during the upper middle Pleistocene. The deposit is estimated to be up to 120' deep. The mining permit includes the intention to amend the permit depth to go an additional 50' should the deposit be deemed viable at that depth. However, historically during dredge mining along the Middle Fork of the South Platte, a depth of sixty feet needed to be obtained to recover precious metals. Examples of the biology of the Destiny Site are provided in the next three figures all photographs of the area taken in spring 2011. These photographs illustrate the ecology of the area upland montane grassland and a lodgepole pine, spruce-fir and aspen forest ecotone. The proximity of residential development is also evident in the last photograph. Analytic panels are presented in figures 17 through 19 and figure 22. These panels are graphic illustrations of important considerations in design planning. The forest will be fully removed through surface mining operations resulting in a loss of habitat. In addition, the site is currently utilized by the surrounding residents for recreational opportunities including walking, walking pets, horseback riding and a combination of OHV and hiking trails and without proper planning these amenities will be lost. 82

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Figure II: Table of static water level in surrounding wel/s134 .8miR1 fl!!!!il I.Qllil; m n m PM !2m!alellllliQI!I VIew _, --NW NE n 9.0S 77.11W s ROCIHIU. CUFF&OPAL SWL (g2 75' VIOW 00l720S 37205-MH NE NW ]] 9.0S 7HIW s FAJII'LAY TOWN Of VIew !1051171 77.592 NW NW ]3 9.0S 77J1W s NWHOUSER lfOMARD D. SWL (g2 60' VIew !1051393 6ol773-. sw NW 33 9.0S n.ow s DAVISON RDII(IIT F SWI fril ??' Voew 01096oll 10!11160-sw NW n 9.0S n.ow s ROIESONRL SWI i@ 100' VIew 0255430 140Se5 sw NW n 9.0S n.ow s IENSONC SWL 105' VI.,. 0267432 NE 5( 33 9.0S n.ow 5 FAIIII'LAY SCHOOL DIST111CT Vii'W 0267431 NW 5( ]] 9.0S n.ow s TRVON JAO: A JR ViN 0219675 152515. NW sw n 9.0S n.ow 5 WAGNEIOON SWL (ci) 75' VI.,. 0311151 156919--NW sw n 9.0S n.ow 5 tellS ERIC SWL (cV 77' Vi ow 02009!10 NW sw n 9.0S n.ow s HARRIS DC Voow 0231WO 129061. NW sw ]] 9.0S n.ow 5 MADSEN JOHN I JR SWL (ci) 52' Vi ow 0430329 210793. NW sw n 9.0S n.ow s DI'C DAVID SWL (cV 70' Table 12: Hadden soil characteristics. 135 Characteristics of Hod den soils: Landforms: fan terraces Parent material: alluvial, glacial outwash Native plant community: grass Depth class: venrdee_l) Drainage class: well Permeability: moderate Available water capacity: low Runoff: slow to medium Water erosion potential: slight to moderate 134 Lisa Clement, "Destiny Mining, LLC: A Case Study," 34. 135 National Resource Conservation Service. http://www.nrcs.usda.gov, Sept. 2009. 83

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.......... -.a1< ................ __ .,. ____ l;h.ll.llt..Jl MAI'llf: THf FAIRI'L-\Y WI5TQC.-'LJRAN\;U I'AIU..l.llliNl).llll.l lll-\IJt.l &. ... L Wod-.a.:t.ri.M Lr ....... IWI ....._ .di'
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Figure 9: Colorado Mineral Belt. Destiny mining site is in upper right corner of Fairplay West Quadrangle. Destiny Mining site located in the upper right corner of the quadrangle map.137 137 Widman, Kirham, Houck, and Lindsay, "Geologic Map of the Fairplay West Quadrangle, Park County, Colorado," 48. 85

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FiRure 10: Destiny Mining site; 1iew to the north1,est FiRure II: Destiny Mining site; view to the south Figure 12: Destiny Mining site; Thompson Park Road. 86

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c ontext and ide1tity pro Olld minin" o era tlon: lotattd on 80 acres 'clio inunt to mine in & oro in ere-111nt1, C"unont lJ toned con&er,at ion/recreation 'tJ blll inter-montane nassle.OO a r n coni er ecotono &lorur mid h foriL of aouth platte 1.n south puk Q,SOO elavat ion atatic water tatle rellderau availa'ch atn car city: low :runo slo to medl!.DD ater erosion pottn ial: altlrbt to IIIOdora te 87

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wildlife and habitat coamon .... rle&a \ l ttVr"''h'lUU ... rhiUIII c....a.. If" It e klllh ll.ftahNI h C ...... \Ul aMI DMO-leChll .. ..._, PIMhCf'MOI'U lllrllh &.lllc r ,,......, MallU't ........ hlJ J'fttbol Wut.tn I'Lt'UII' liAIS..,tr.l.aa oO..r.-tlrtlt 11.. reuat "t.c...,... u-hU.-4 t..ll"'ff''l hlltw'\d Aaerlu.n re'ttlll UlrdMI lp-atwrlu Slu\.bUleO tl&p!h P1M plh b .. 4 ceW11'1\ Melslb .... a,ter J unco bJ-lla Mo.-taU Iidia ctanacou. ... ntn.r C.hptu .l.llratua .Utehreut. .. lhh c.tollDeNih !cr .. 1\
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mining Figure I 5: Considerations for creating len tic ecosystems post-mining as discussed earlier-soils; hydrology and topography. Creating edge diversity is key to offering a variety of habitat to fauna and avifauna. 89

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'tfa<:t' trtlo" lol\l: ew en\ !lUll c-u1tl'"t -'-"" 1.111lar.d 11r., le.l"l=lt Ufen fo1ut 1h (!ertt. to anel. ;;.!)' tl .... Ut. u.lt at aa [LL)I scale: 1 = 20' .., .... ro.:-.. ).11 .... ht .. tlt 11.,. Ph1o11 r-.11rta apuu PI:N .... :. ltU.. f Ull11 hthf"a A Figure I 6: Plan and section diagrams for post-mining reclamation and design at Destiny Mining. Plant lists can be fine tuned and placement of plantings can be based on vegetation zones. 90

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Figure 1 7: Pit lakes/ephemeral ponds provide fishing opportunities. Current recreational uses include walking; walking of pets; and horse and OHV trails. 91

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Figure 18: Amenities already offered on site can be enhanced through trails surrounding ephemeral ponds. The mining operation will essentially leave a pit of 25' or more deep upon completion. Due to static water levels reached in surrounding residential areas (not on town water) and the potential installation of a water well for processing purposes resulting pit lakes or ephemeral ponds may be a feature of the post-mining landscape. Figure 22 illustrates alternatives to rectangular pit shapes which provide for coves and lobes of habitat enhancement. The outer perimeter of the pit lake shape then can be utilized for haul road purposes during mining and converted to a perimeter trail post mmmg. 92

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Thornton Pit, Adams County The Thornton Pit is part of the larger Gravel Lakes area located along the South Platte on the Front Range and is located between 881h and 1 041h Ave. in Adams County. The site is comprised of 164 acres along the South Platte. Land use prior to mining was agricultural. Today the site is bounded to the west by residential development. A mining permit application was filed in 1973 and operations began in 1976. The Thornton site was a four phase operation which was completed in 2009 (see figure 10 on the following page). Pits were extracted to a depth of30' with pit slopes regraded to 3: 1. A 404 permit was pulled when flooding breeched the levee in 2000 with mitigation including rip-rap reinforcement at entry and exit points of the breech on the Phase II pit lake. The Phase II pit lakes are the focus sites of my research. The water table is high at this site and is reached at a depth of 25' and is located in a 100 year flood plain (see figures 11 and 12). One of the Phase II pit lakes is a permanent water feature; the others have been backfilled, however the soils exhibit characteristics wetness -a clay lens is present and there is adequate moisture for cottonwood regeneration and growth at this time. A walking and bike path has been created along the river's edge. The path is ADA compliant as far as slope; however there are several steep drop-offs along the river's edge without guardrails. Soil erosion is evident where the concrete edge ofthe path and steep slope (artificial embankment) of the river meet. The site in its current state is inundated with Kochia, and Tamarisk is also present. Adams County currently implements a mowing program in an effort to control Kochia before seed dispersal and measures to eradicate the Tamarisk were undertaken in 2004 prior financial assurance release. Efforts to control these invasive species continue. 93

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Utility lines and a 125' easement run through the site, essentially creating a division between river's edge and residential edge. This essentially disrupts the interior space of the site. A dirt road runs along this easement for access by the utility company. Utilizing this existing easement to serve several purposes-easement, bike path, walking path could potentially eliminate multiple paths on site. Adams County has taken over the post-mining area and is integrating it with the larger Adams County Open Space Plan and developing recreational opportunities such as fishing, hiking and biking. Adams County master plans for this site, the greater Adams County Open Space plan and the Northwest Greenway Belt can be found on the Adams County website at http://www.adamscounty.us. The following pages contain photographs and illustrations of the Thornton site. Photographs reveal that the site is an ecotone consisting of a riparian zone along the river's edge, lentic systems at pit lake edges, willow shrublands, cottonwood galleries and mid-grass grasslands (figures 22 through 27). The order of design diagrams and charettes presented for Thornton is similar to the previous section for Destiny Mining. First analytic panels are presented revealing post-mining design considerations followed by charettes presenting recreational opportunities in an urban setting. 94

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. rl I I I I I I I l I I ; I I I ; I ; I I I I I I srre I'HAUn -TO OttiVU / Tlq LOCATION MAP THE THORNTON GRAVEL PIT PROJECT Figure 19: Thornton Pitfour phase extraction map 95

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Figure 20: Geologic strata of Thornton site. Indicates shallou lmter table and aquifer. 96

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/ J=c-== --.... __ I!.--= --azzt!::a ___ .... ----'Y ;,-.;,_ 5. Plaflc-., ---Figure 2 I: Map of I 00 year floodplain 97

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Figure 22: Thornton Pit; view to west. Figure 23: Thornton Pit; utility easement Figure 24: Thornton Pit pit lake. 98

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Figure 25: South Platte at Thornton site. Figure 26: South Platte at Thornton site. Figure 27: Recreational path next to South Platte at Thornton site. 99

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c ontext and ide tit tbor t U u. ... 1., "l c o 4 P.. tn.atian .. ,..,....... .. ........... .. ---.... nuc.uu.t &..a ln out a.tt tr no Figure 28: Thornton site analysis; context and identity. 100

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a landscap e takes pro cesse s on s1t u re--J*Ir \ cMuatd k-u nlJ:Ic ... .t t.cr I*U er 1:h lllole un-M a. .... los-.a-. u hu .t ,.,, n-c uc.u.ul tD lM .._, ...u.,...t n U!a el &Q u-.J;uwJ_&m111 .. U-41--U-tt \. 'lM -ttat \Alit IM'tlH U 0.. M'tt D I \t41!U 11 tnt.J. oleJIIUUG ter, ...,_..,, .., _...,._, l uUlaf J4 .... 1.114 1a -11. ann ....,. :... ,...,. t .t tu "C-tut-.-..ua .-.,, u:r a n ut.c u 1 Mtlftd ...... kal -u'1'r l uan .t U. _, t. .. \.h nu 1a .. a rn-dl..:t u. 1.1 .. llllllTt-.Wiett.s u a rd tlM ,...._ cteoacat, <1 ,_ -.1 u unab'tJ Ul .,., ,..,.c ... ,, a.v.:un. .... -... ,,..., u .. r.su great r fl e s U Jla .Ua tna& Itt .. c:nc-u ..... ac-U'IUJ .-pt-.4 .t f&Yb ...a Mtn nncu n .. .. rtparU.. cn:rU.t f.-ril&Ua M.U.ut ... _.._, Mlruur-al .. urnltllol cunhllll 1 U,OOO unt 0 rlpa.rUII .. ,, ... '-'6 &CNI 'IIIAU.f: lU. I l 111'1" .. llfl&lld UHI 1 St0 IIII"Dl tt-tn Figure 29: Contour map of cu"ent condition ; evolution of site preduring and post-mining and description of the larger landscape matrix along the front range of the South Platte in Adams County 101

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' o ., ly Q.oocrl" 11.r.-! l.a.a:r oi Ulir.., ll" (r.ot to :l"l 11111Ul4 E:UPl llU Figure 30: Diagram of Thornton Pit site as is post-mining and reclamation; diagram ofsoil composition and planting zones post-mining. 102

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common bi ds of adams co nt birds of prey: Aaerte&D lutrel Pale o s:pe.rverhUI Swd..nton't haWk Buteo awal..rulon1 Orea t Hcrned OWl !ubo v 1r11n1.a.ru.a tcrfowL JUllc!ecr Cb.a.rallr -lu voelttYu Mollan! M.oa platyrhJ11oboa dte'hl Orc'bc Accl:.oph.onu oe-cli!eJltal.lJ Great Ble heron Ard e a c..n.aa.. 400.1c l"aJllta Nrthett.l lcket' Cole.Jiht aura tu lle4A@;c4 !l..ac:kblr4 eldUI phot:a.ic:eu.a ec-on leUow1.hro.at eothlnh l1'1ehaa lelln Den4rolea pelt:ehia 8laek-e.a}'Pc4 Cb1ck.a.4ec -pocclle atl'1c:apUlu.a Hou.Je t lnc.h Oa.rp-od.acu au:lcaJO.t '(estern Meadowlark. -St -rnella conducive to bird ha itat C1)tlonwoo4 llerlea neltl": habitat; lups.ort lnJett life al foo4 IOlttCc hld' bodlet pr-o'114c ha'bltat f'ot" Wahl'towl, aarah cl:et.aUoo tood a..a4 t:ovc.r ; auaowt tupport .... ll .. -.11 at ood .tourec tor bln!.a of pl'e' thrublanda provlt!e neuln ha.bltat, p't"' te c u OD ana tooa habitat zones tupeT-lan b..U. or a htet COlU'Jc river; lal..e of' cpb.e:ac:ral pona Wa_rahu eatt.aUa; aed4;ca Oraula.nila ana tofte:l Sbrubl.anda .-lUo varic tic a COttonwood allcde:J Figure 31: Bird watching and identification as a passive recreational opportunity the diversity of habit on this site is conducive to a variety of avifauna habitat. 103

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den z o e nih on lur .. 'OJ aau DOrt.h c ot tHe U \ir.ret.J lhJ hnt Lll II h\o ... ne, ...a allvhl .. n. Playu \olb ... a t von41 1 ponaa trr La 4'fii.IJ IV&lc tf44tt, 1 f.h .. an4 r Or h1 11 \trThOfl' I c, ..._ IP1 1ttI'I.U,b lr\ l'\llh. J:Mf'Oate b\llrv1b rM41uf u\1.all etation: alatnl h Mil olMlLIIo i d Ul .... ., ..... ""*'"' 4 .... r aearlet IUlo ah.l 'bland fer. en of .. an .. arLNt sun hhll .,h,, ,..,hr-n L ar-\l e ,. tm4ln' aurlut' Ml-..'1 led.o cnt ll:hroa .. lt.'Dl'"" -.bcah .. u r Figure 32: Native vegetation for reclamation use according to plant type and characteristics of growing area. This charette can be crossed referenced with figure 21 for soil types and plant palettes 104

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Figure 33: Bird watching and fishing deck. The cu"ent pit lake depth can support aquatic life. 105

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Figure 34: Biking along utility easement would create dual use for an already existing path and lessen the impact of multiple roads on wildlife movement. 106

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The intent of these design diagrams is to illustrate the benefit of the involvement of a landscape architect, and also to address typical issues encountered in aggregate mining operations. An irregular shaped water body creates coves and lobes which provide for greater habitat diversity in contrast to straight edged shores. A slope of 5: I for resulting pit lakes or ephemeral ponds is more conducive to a variety of submergent and emergent wetland plants which is a preferred vegetative habitat for fauna. A 5; I slope does however create additional earth moving costs in the cut and fill process, as well as encroach upon the total area of extraction. Although the practice of channelizing the South Platte has been in effect for decades, a natural terraced riparian edge is preferable and conducive to riparian habitat. In the case of the Thornton Pit, the I25' utility easement can serve multiple purposes-a road for utility company access, a pedestrian path (one that is ADA compliant without steep drop offs ), a cyclist path and can serve as a designated haul road pre-mining to decrease multiple roads and paths on site. Likewise the perimeter of the pit at the Destiny Mining site can be utilized as a haul road and converted to a recreational path post-mining. Roads and paths are a major impediment to the movement of small mammals; ergo less road and path intrusions are desirable. Road construction also leads to soil compaction, soil erosion, loss of vegetation among other issues. Pre planning of roads and recreational paths can reduce construction costs. Lastly as mentioned above, a schematic planting plan designating vegetation zones and plant varieties related to 'right place, right plant' rather than a generalized one-time reseeding plan can insure placement of native vegetation in appropriate areas taking required water and soil conditions into consideration. The addition of organic matter and micro-bacteria in addition to crop rotation can improve post-mining soil quality and is preferable to artificial amendments due to the high concentrations of nitrogen I07

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and phosphorus already found in the South Platte. Native vegetation is preferred as it is adapted to and tolerant oflocal climatic conditions and soils. These charettes illustrate the potential of a landscape architect to move beyond typical engineered solutions and minimum standards set forth by C.R.S. 34 32-101 et seq .. in designing the post-mining landscape. The above criteria place riparian ecosystem and habitat establishment in the forefront for designing an ecologically sound post-mining landscape. However, these criteria also address the human population of an urban setting in values of aesthetics by reclaiming the environment or creating a new environment at a former waste site. The implementation of passive or active involvement through recreation can address the issue of perceived usability in an urban setting allowing for green spaces. 108

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CHAPTER6 CONCLUSION ... ecology then may be said to offer a perspective on nature, rather than a firm body of scientific findings. ,JJR Conclusion Simply put, the information provided in the preceding chapters supports the assertion that minimum reclamation requirements set forth by CSR 34-32-I 0 I et seq. fall short of successfully reestablishing quality riparian habitat or addressing human interaction with the post-mining aggregate site in urban, suburban and exurban areas. Reclamation plans consisting of regrading pit slopes to 3: I ratios; native plant 'lists' with generalized replanting schemes and one time reseeding plans; and the addition of artificial soil amendments (in these cases chemical fertilizers) do not qualify as successful rehabilitation. In addition, the long term management of the resulting landscape and inevitable exotic species invasion post disturbance is not addressed, as well as river stability and dam safety. It is known that a slope of 5:1 for resulting pit lakes or ephemeral ponds is more conducive to a variety of submergent and emergent wetland plants which is a preferred vegetative habitat for fauna. In addition, an irregular shaped water body creates coves and lobes which provide for greater habitat diversity in contrast to straight edged shorelines. A schematic planting plan designating vegetation zones and plant varieties related to 'right place, right plant' rather than a generalized one-time reseeding plan can insure placement of native 138 Marshal, "Nature's Web, "345. I09

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vegetation in appropriate areas taking required water and soil conditions into consideration. Replanting post initial seeding ensures good establishment of native plants and successive years of seeding and planting promote the quicker establishment of a resilient riparian ecosystem. Native vegetation is preferred as it is adapted to and tolerant of local climatic conditions and soils. Artificial chemical amendments only contribute more to the overuse of synthetic fertilizers. And "In the South Platte River Basin, agriculture currently contributes 132,00 tons of nitrogen and 14,000 tons of phosphorus annually ... " ... a recent study by the USGS found that the South Platte River Basin had the highest contamination by ammonia and nitrate and the second highest levels of phosphorus among 20 major US rivers."139 The destruction of a biotic community is a result of mining which ultimately leaves the site in an altered geologic state and places it in a phase of early succession. Enriching the soils of the site with organic matter jump starts the soil-forming process ... by increasing water holding capacity and facilitates nutrient cycling by promoting the growth of micro-organisms such as symbiotic mycorrhizal fungi and nitrogen fixing bacteria."140 139 Strange, Fausch and Kovich, "Ecosystem Services in Human-Dominated Watersheds," 47. 140 Del Tredici, "Disturbance Ecology and Symbiosis," 17. II 0

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Reclamation requires acknowledgement early in the design process of the need of ongoing maintenance-including irrigation if necessary, weeding, mulching and replanting.141 Riparian eco-systems are dynamic and evolve with the ebb and flow of waterways. The waterway of the South Platte has become so channelized and altered by human interference over the last 80 decades that natural habitats for flora and fauna have been highly altered -to the point ofloosing Colorado native species. "We have changed the landscape so much on the Platte that we've changed the direction of evolution."142 Aggregate extraction has largely contributed to the river's current state of instability. The Urban Flood and Drainage Control District created the Technical Review Guidelines for Gravel Mining Activities within or Adjacent to 100-Year Floodplains as a supplement to C.R.S. 34 32-101 et seq. in an effort to address and establish guidelines for river stability and dam safety along the South Platte. The requirements in place may set ecological processes in motion, however playing the role of human interference as sand and gravel consumer and mining operator is there not an implied ethical responsibility to return these 'wastelands' to a viable riparian state? Ecology is the most recent paradigm shift in which ethics other than dominion, knowledge as power, resource conservation and nature as economic commodity have come to the forefront. Arcadian ecology values the biotic community of which humanity is part and thus places all natural systems as having intrinsic value. Diversity, stability and beauty are all intrinsic values and human actions should be ethical in regards to all life on Earth and 'our community', not simply factual or scientific (the fact/value or is/ought dichotomy). 141 Del Tredici, "Disturbance Ecology and Symbiosis," 20. 142 Strange, Fausch and Kovich, "Ecosystem Services in Human-Dominated Watersheds," 47. 111

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"Ever since Galileo, Descartes and Newton our culture has been so obsessed with rational knowledge, objectivity and quantification, that we have become very insecure in dealing with human values, human experience, intuition and subjective knowledge."143 Aldo Leopold was pivotal in bringing about the discussion of a land ethic. "The 'land ethic' of Aldo Leopold [and] the 'declarations of interdependence' of ecology action groups ... present a community oriented ecocentric alternative to the homocentric ethics of ecosystem management."144 A tableau of additional value considerations, other than resource and economic values, in pre-mining reclamation planning can include the intrinsic value of riparian habitats as endangered habitats. Statistics were provided earlier which outlined that only I% of Colorado's landmass is riparian in nature; that 7 5% of the wildlife species found in Colorado are dependent on riparian habitats for a portion of or all of their life cycle. It was also estimated that 1/3 of Colorado's native and non native avifauna will be lost to riparian habitat loss. The alteration of the South Platte through channelization and aggregate extraction and the invasion and subsequent replacement of native species by Russian Olive, Tamarisk, Kochia and thistle varieties (among other plants and animals) have contributed to this habitat loss. Destiny Mining and the Thornton Pit are a mesh of ecotones providing edge conditions, which can support larger populations and serve as excellent corridors linking a larger matrix for movement of native flora and fauna. Species diversity 143 Capra, The Turning Point, 319. 144 Merchant, The Death of Nature, 252. 112

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contributes to the overall stability of an ecosystem. Monocultures are the result of ecosystems simplified by human interaction and the practice of implementing the greatest possible ecological variety can insure ecosystem stability. The insurance of stability also has economic benefits multiple phases of reseeding and replanting can aid in the management and ultimate conquest of exotic species which typically requires herbicide application or labor intensive manual controls. Quick plant establishment can also help avoid issues of soil erosion. The final intrinsic value of beauty is related to aesthetics. For simplicity's sake, beauty will be defined as an aesthetic which is visually acceptable to the larger general public in the case of reclamation; NEP A defines aesthetics as "the science or philosophy concerned with the quality of visual experience."145 Engler in part criticizes masking waste landscapes with 'landscape cosmetics'-to use Heifner's term; however it is impossible to mask the holes resulting from sand and gravel extraction. Back to approximate original contour is simply cost prohibitive-it would require tons of fill material. The consequences pit lakes, ephemeral ponds and impoundments -of our consumer demands are highly visible post-mining; the issue then is how to restore the wasteland to an acceptable visual aesthetic. This can be achieved through design planning and creating usable space for interaction and ecosystem rehabilitation. The Mining Law of 1872 and Mining and Minerals Policy Act of 1970 are legislative acts in place which reflect the strong mining history and mining interests ofthe United States. Laws are a reflection of values; these laws clearly support the ethics of natural resource conservation and resource as economic commodity, and almost stand in contradiction to the environmental legislation of the 1960's and 145 Arbogast, Knepper and Langer, "The Human Factor," 10. 113

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1970's. NEPA's 'significance ofimpact' and 'cumulative effects' then become relative and subjective terms based on interpretation when applied to environmental legislation. In essence, all of humanity's actions upon the Earth are impactful and ultimately self serving-even it relates to ecosystem health and self preservation. The cumulative effects of aggregate extraction were demonstrated in the resultant remaking of South Platte Park after flood events in 1965 and 1973 (post mining completion) "breeched levees and changed the river channel, with catastrophic impact on the land."146 The Gravel Lakes of the front range extends for circa 12 miles along the South Platte through Jefferson and Adams County. Adams County government acknowledges that the instability of the South Platte can be attributed in part to sand and gravel extraction. Taking into consideration that The Death of Nature is written through an historical and ecofeminist lens, Merchant attributes environmental legislation of the 1960's and 1970's to undercurrents of the dominant paradigms of modernism ecology and feminism. This sentiment is evidenced in the following quotes: "By pointing up the essential role of every part of an ecosystem, that is one part is removed the system is weakened and loses stability, ecology has moved in the direction of leveling of value hierarchies. Each part contributes equal value to the healthy functioning whole. All living things, as integral parts of a viable ecosystem, thus have rights. The necessity of protecting the ecosystem from collapse due to the extinction of vital members was one argument for the passage of the Endangered Species Act of 1973. "147 146 Arbogast, Knepper and Langer, "The Human Factor," 17. 147 Merchant, The Death of Nature, 293. 114

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Merchant continues with, "The conjunction of conservation and ecology movements with women's rights and liberation has moved in the direction of reversing both the subjugation of nature and women." 148 The intent of the design diagrams was not only to illustrate the benefit of the involvement of a landscape architect, but also to address typical issues encountered in aggregate mining operations. As noted previously, a slope of 5: I for resulting pit lakes or ephemeral ponds is more conducive to a variety of submergent and emergent wetland plants which is a preferred vegetative habitat for fauna. In addition, an irregular shaped water body creates coves and lobes which provide for greater habitat diversity in contrast to straight edged shores. In the case ofthe Thornton Pit, the 125' utility easement can serve multiple purposes -a road for utility company access, a pedestrian path (one that is ADA compliant without steep drop offs), a cyclist path and can serve as a designated haul road pre-mining to decrease multiple roads and paths on site. Roads and paths are a major impediment to the movement of small mammals; ergo less road and path intrusions are desirable. Lastly as mentioned above, a schematic planting plan designating vegetation zones and plant varieties related to 'right place, right plant' rather than a generalized one-time reseeding plan can insure placement of native vegetation in appropriate areas taking required water and soil conditions into consideration. Native vegetation is preferred as it is adapted to and tolerant of local climatic conditions and soils. The landscape architect can be instrumental in providing pre-mining plans which can aid in planned earth moving and cost effectiveness (a cost benefit to 148 Merchant, The Death of Nature, 294. 1.15

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mining operators); designating haul roads as future human path networks for ease of post-mining conversion; education of the general public regarding mining processes and addressing negative perceptions; can act as agent of community involvement and predictor of post-mining land uses (demonstrating that mining is also an interim land use); can provide detailed planting schematics suitable to respective microclimates; and can meld science and aesthetics to create a functioning riparian ecosystem which allows for human interaction in populated areas. The list of what the landscape architect can bring to the table is extensive. This is role of the landscape architect in mining reclamation. Perhaps society as a whole should be lobbying for regulatory reform which mandates the involvement of a landscape architect in pre-mining reclamation planning. Aesthetics is an extensive topic and could lead to other research into aesthetic values in reclamation. Aggregate extraction is highly visible and the psychological traumatic effects of this disturbance would create an interesting study. Engler has completed much research into the psychology of waste; using metaphor as tool for educating the public on waste and the ethical obligation of recognizing our actions upon the earth in creating these waste landscapes. Such a study in conjunction with Engler's work would be useful in addressing and understanding public adversity to sudden change in relation to aggregate mining operations. Another further study could revolve around economics -a dollar comparison between differences in deliberate and effective reclamation planning pre-mining (relative to earth moving and haul costs), as well as implementing predetermined designed landscape plans versus the current processes and practices would outline economic dollar values and perhaps support a different approach (or not). The mining industry currently claims stricter reclamation standards would force them to pass the economic costs on to the consumer, thereby eliminating access to 116

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inexpensive construction materials. However, taxpayers are currently absorbing development and maintenance costs of the reclaimed site specifically in relation to the Adams County Open Space plan and further developing recreational opportunities and noxious weed management. In brief, the body of this work supported an answer of 'no' to the initial question of current reclamation requirements at aggregate sites in Colorado as inadequate in addressing rehabilitation of sensitive habitats and the human involvement in the post-mining site. The questions subsumed in the first were answered through an historical account of environmental ethics which revealed that the predominant ethics ofwestern society's environmental actions are steeped in Judea-Christianity ideals of dominion, Cartesian reductionism and the strong mining history of the United States, resource conservation, economics and consumption. These ethics and values are reflected in Federal mining legislation; however recent environmental legislation can be attributed to undercurrents to predominant ethics as illustrated by Merchant. The current minimum requirements for reclamation of sand and gravel operations set forth by C.R.S. 34 32-101 et seq. are generally followed due to the cost effectiveness of implementation for mining operators. These minimum requirements do not reflect the full potential of the resulting new landscape or the reestablishment of a riparian habitat. The landscape architect's ability to address pre-mining landscape planning and design in relation to environmental issues, habitat creation and human involvement in the post-mining site has demonstrated how the landscape architect can contribute to and be involved in the current situation in offering design solutions which can incorporate ecological stability and human participation in post-mining sites. 117

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Personal Coda The preface of this thesis alludes to my biases which I struggled to leave by the wayside in the research process. This thesis developed out of an independent study undertaken in the Fall2009 when I learned ofthe proposed Destiny Mining aggregate operation within the town of Fairplay-my home town. At that time my impetus to understanding federal and state legalities involved in the mining process and reclamation standards was to learn how to stop the operation. However, initial research into legislation led further to research in reclamation practices and environmental ethics. The process dictated that I scrutinize my own consumer behaviors and environmental ethics and come to grips with the fact that mining is an interim land use, resources must simply be extracted from where they are found and that reclamation of the post-mining can essentially create a new, and sometimes even better, landscape. In addition, reclamation planning provides a world of design opportunity for the landscape architect. I am still against the proposed Destiny Mining site in Fairplay, but no longer for the same unjustified emotional reasons. The proposed site is incongruent with the current surrounding residences and residential zoning; noise and fugitive dust pollution will create significant impacts to the surrounding residences; the socio economic impacts to the residential community in loss of property values, loss in investments to the Fairplay Sanitation District in recent improvements based on projected residential building in the area, and loss of scenic value in a tourist oriented community all have significant and cumulative impacts. The community as a wholeBoard of [Park] County Commissioners, Town of Fairplay, Fairplay Sanitation District and No Fairplay Mine Coalition (a non-profit organization)are a united front against the operation for the same reasons among others. We as a community 118

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are requesting an EIS as we deem the current EA as inadequate in addressing potential issues as set forth by NEP A. In addition, the mine permit application with the State was filed as a 11 Od for an aggregate extraction operation with secondary gold and silver recovery as supplemental income for the operation. The information submitted to the BLM was based on a placer gold operation with aggregate as supplemental income. An aggregate operation on federal lands falls under the auspices of the Mineral Materials Act of 194 7 and "may only be mined from federal public lands pursuant to a purchase contract under 30 U.S.C. 601-604".149 The 1872 Mining Law pertains to locatable minerals and a placer operation should be profitable on the recovery of locatable minerals only aggregates are not considered locatable minerals to be considered a viable mining claim. The inconsistencies gravel extraction vs. placer gold operation -of the proposed operation presented by the proponent are suggestive of different applicable federal laws. From the perspective of a landscape architect, the reclamation plan for the post-mining operation is indeed minimal. As it stands now, the community will be left with an 80 acre, reseeded pit in the midst of residential development upon completion of reclamation. Unfortunately the mining operator and the community are so at odds that the crux of the issue values, individual and community are not being addressed or discussed. The mere proximity to residential development dictates the consideration ofhuman engagement in the post-mining site. The community could benefit from a reclamation plan which would improve surrounding conditions. 149 Roger Flynn, Western Mining Action Project, to No Fairplay Mine Coalition, Lyons, CO 22 September, 2009. 119

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The charettes were an attempt to illustrate how existing uses could be highlighted and expanded in the post-mining landscape. 120

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APPENDIX A DESTINY MINING 121

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Information found in this appendix is taken from the Destiny Mining permit application M-2009-056 on record with the DRMS; and from the BLM website at www.blm.gov/co/st/en/fo/rgfo.html. This is public information. Figure 35: Location map of initial pit in red; total 80 acres highlighted in yellow. 122

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6.3.3 Exhibit C -Mining Plan Present plan for mining will start in the month of August beginning September 2009 after permit approval. The 4.84 acre deposit is anticipated to have a life of 5 to 1 0 years. This pit will be used for construction materials such as road base, landscape, and cement processes with secondary materials being precious metals, gold and silver. The depth of plant medium to be salvaged for reclamation will vary from 4 to 12 inches. It is Hodden sandy loam topsoil with an adequate growth medium. Topsoil will be pushed up in a berm around the boundary ofthe permitted area in a 25 feet no mine buffer zone and be seeded as recommended by soil conservation guidelines which is stream bank Wheatgrass v. sodar, Western wheatgrass v. rosanna, Arizona fescue v. redondo, Hard fescue, Blue grama, Tufted hair grass, Strawberry clover, Yarrow, and Rocky Mountain penstemon. This product will be used for reclamation. There is no waste rock to be stockpiled as the deposit starts right below topsoil. There will be stockpiles of material for backfill. The maximum depth of the deposit is 120 feet. Present indications are for 25 feet in depth to be mined. The major components of the mining operation are a trammel screen for washing the gravel of sand, dirt and to capture gold that is a byproduct of the sand and gravel which will be caught in the sluice box. As it flows out of the sluice box it will flow into a sand screw. The sand screw will separate the sand and water. The sand screw has overflows in it which the water will return to a holding tank which will cause any sediment to settle to the bottom of the tank. Water would flow over the baffle into a second part of the 123

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holding tank where the water would be pumped back through the wash plant. When the water becomes to full of sediment it would be drained into a settling pond where it would go into the ground and the tank would be refilled by a well at the rate of 20 GPM. The wash plant or trammel screen would be fed by a plate feeder to give a steady flow of gravel to the trammel screen. A grizzly with a belt feeder under the grizzly would take gravel to a plate feeder which would feed into the trammel. Washed gravel would come out from the opposite end of the trammel onto conveyors to a shaker screen where washed gravel would be sized to 3 to 4 different sizes. The washed gravel would be stacked by 3 to 4 conveyors for each size. Sand up to 3/8 pea size would be discharged from the sand screw which would go onto a conveyor and stockpiled for sale and mixed with waste rock for reclamation. Access to the permitted property would be from the north Thompson Park Road onto the BLM land. A 30 foot wide road would be prepared from Thompson Road and a culvert 18 inches in diameter by 40 feet long would be installed as recommended by the PC Road and Bridge Department at the entrance. The Thompson Park Road comes off Platte Drive to the west and Platte drive comes offhwy. 285 to the northwest. Thompson Park road comes into Platte Drive from the west approximately 1f4 to Yz mile off Highway 285. An office, tool shed, material yard and fuel tank will be located on the southwest part of the permit property. The wash plant and gravel processing equipment would be located at the center west half of the permit property. This is open pit operation so there will be no underground openings such as adits or ventilation facilities. Exhibit E map shows the pertinent details and a fence will be placed around the permitted property. In addition, no 124

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trespassing signs and a gate at the road leading into permitted property will secure the property. The only existing significant disturbance to the surface is a pile of gravel located on the north boundary in the west half of the permitted property. The road to be prepared will be 30 feet wide and the length being approximately 1029.33 feet long, the distance from Thompson Park Road to the pit area. A culvert 18 inches in diameter by 40 foot long will be installed where the road meets Thompson Park Road. The road to be built to Thompson Park Road is included in the permitted acreage. There will be no associated drainage or run off conveyance structures to be built with this operation. All drainage will be directed toward the open pit. The amount of water to be used is 1000 GPM from a holding tank that holds 1,056 cubic feet of water or 2, 789 gallons of water which will be hauled in until a general purpose well is drilled. Sanitary water used in the toilet will be in a self contained trailer office. At the request of the Park County Environmental Health Department a small 100 gallon septic system would be installed which would require an ISOS permit. An individual sewage disposal system would be installed to the office trailer. No ground water will be encountered and/or surface water intercepted or disturbed. There is no surface water on the permitted area. There will be a well drilled for water which would be used for washing of gravel material. The water would be held in a holding tank that holds 2, 789 gallons of water. The water will be recycled until the water is too full of sediment to be used. It would then be discharged into a settling pond and seep back into the ground. A discharge Permit would be acquired. All fuel storage containers will have 125

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containment structures. Oil and hydraulic oils would have their own storage and containment structures. The storm water discharge permit that will be acquired will with compliance applicable to Colorado water laws and regulations governing injury to existing water rights. The historical flows of storm water will not be affected. No refuse or acid and toxic producing material will be exposed during mining, so no plan is needed if any refuse is encountered. It will be disposed of offsite in an approved landfill. The storm water discharge permit will be designed to minimize damage to the hydrologic balance and prevent off-site damage. This operation is designed to provide for a stable configuration of the reclaimed area to be used for grazing, wildlife habitat and recreation. If needed, there would be some surface land contouring done in the reclamation process to prevent storm water runoff to adjacent properties and to prevent hydrologic balance in the surrounding areas of the permit area. The deposit is proposed to be processed on site to make road base, septic and other construction uses and recover any precious metals, gold and silver. To help off-set the cost of operation, this will be done by washing and screening gravel and using a sluice to collect any precious metal recovered through the washing of sand and gravel. No chemicals will be used at alljust water for the separation process. The primary commodities to be mined are sand and gravel; the secondary to be mined is precious metal, gold and silver. The incidental products are gold, silver, which help off-set the cost of operation and production. 126

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No blasting will be used on this site. / Settlina tot """'lnl"lf Hdlm 11 Figure 36: Illustrative flowchart of gravel processing at Destiny Mining. 127

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Figure 37: Destiny Mining processing equipment illustration. 6.3.4 Exhibit D Reclamation Plan I) This application includes the following information in accordance with the Regulations: Rule 3. Reclamation would start when the 25 foot depth was obtained and the mining area was 60 feet from the north wall in the northeast comer of the pit area. Back filling would start out to 35 feet. We would then amend the mining permit to go another 25 feet deeper if we determined viable. If the permit was not amended, we would continue to back fill the pit as it is mined keeping a distance of about 30 feet from the loaders and track hoe digging pit. By the time the pit is finished being mined, there would a 30 foot area left to back fill. Then would back fill and be sloped or flat. 128

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Maximum grading of reclaimed area would be 3: 1 or flatter to accommodate the grazing wildlife habitat and recreational purpose of the land. Measures would be taken to revegetate the site as follows: Replace growth media will be replaced at a depth of 4 to 6 inches and any back slopes finished at 3: 1. The time of seeding, seed bed preparation, type application rate and soil incorporation, method of fertilization application: Fall seeding is preferred if at all possible. Reshaping or contouring would be done using topsoil that is stockpiled at a depth of 4 to 6 inches. All the slopes shall be at no greater than 3: 1. The topsoil will be spread and smoothed and 35 to 40 lbs. an acre of actual nitrogen, phosphorus and if needed potassium added. A soil test will be taken to determine the appropriate amounts of needed elements and then seed mix would be done by broadcasting and packing the seed mix as recommended by the natural Resources Conservation Services. The seed mix is as follows per acre below: Stream wheatgrass v. sodar 5 lbs. Western wheatgrass v. rosanna 5 lbs. Arizona fescue v. Redondo 2lbs. Sanaberg bluegrass 1 lbs. Hard fescue 1 lbs. Blue grama v. hachita 1 lbs. Tufted hairgrass 2 lbs. Strawberry clover 1 lbs. Yarrow 1 lbs. Rocky Mountain penstemon 1 lbs. 129

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35 to 40 ponds nitrogen and potassium will be applied with a spreader and 4,000 straw or noxious weed free grass hay will be applied. State the species to be planted and applicable quantities: See above. Application for grass method seeding: The seed will be applied by broadcasting the seeding rates above have been approved by Leon S. Kot, District Conservationist. Mulch if necessary and rates of application certified noxious weed free straw or grass mulch will be applied and crimped in at a rate of 400 lbs an acre as recommended. Establishment method for each species of shrub or tree: no shrub or trees on this area to be permitted. Rangeland according to National Resource Conservation Services. Specify which ponds, streams, roads and buildings will remain after reclamation: No roads, ponds, fences, signs or buildings will remain. Will eventually put up a building for processing equipment, but it will be taken down. The BLM recommended leaving the well for possible future use. Specify the reclamation treatment of any waste rock dumps, tailings improvements, underground mine openings, ditches, sediment control facilities, buildings and other features not addressed: All rock dumps will be used in the reclamation process in the backfill of the open pit. Expect saleable material and all rock dumps should be gone. There will not be any gravel stockpile, sand, and boulder stockpiles all will be gone. Sediment ponds will be dug and used in reclamation; sediment ponds filled in, covered with topsoil and seeded. No ditches on property. No underground mine openings. Well will be left for BLM purposes in future. Surface will be contoured if need be to keep 130

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all storm water on site. This will minimize disturbance to the hydrologic balance and prevent off-site damage. 131

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APPENDIX B THORNTON PIT 132

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The following public information was taken from the DRMS mining permit application for the Thornton Pit. Only certain aspects of the complete file are represented in this appendix; those represented here were deemed important in additional information to my research project The application number is M-1973-002 and is on file at DRMS. n ,------------_, Township Section I Figure 38: 1982 mining plan. DRMS permit file 49682. 133 L --_...,_

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1982 Mining Plan: DRMS permit M-1973-002 .I AL.TERNATJ PLANT SITE I I (4193---1)196) """'-"" ...... ......... Figure 39: 1982 mining plan. DRMS permit file 49682. 134

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1982 Reclamation Plan: DRMS permit M-1973-002 ............ --....... -,.GOI'wt_.._------Figure 40: 1982 reclamation plan. DRMS permit-1973-002file 40358. Reclamation Plan (text from file 40358) The post-mining reclamation plan consists of ponds with graded, revegetated borders. The northwest comer of the tract is outside the flood plain and will be reclaimed to agricultural use. Of the total 164 acres, 93 will be water surface and 61 will be natural or reclaimed land. The natural acreage (approx. 1 0) will not be disturbed. While not 135

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included in the mined acreage any disturbed portions of the Public Service Company right-of-way will be incorporated into the reclamation plan. After mining, grading and leveling, plant seeding will be initiated as soon as practicable. This will usually be at the beginning of the next growing season after mining is completed. Recommended tree species are: WILLOWS COTTONWOODS Salix irrorata Populus augustifolia Salix amygdaloides Populus acuminate Salix audata Populsu sargentii Salix lasiandra The trees can be planted as one-year-old plants, 18"-3" high or larger. Cottonwoods should preferably be planted as cottonless (male) varieties. All slopes will be seeded by broadcasting with the following mixture: Fairway Wheatgrass Side Oats Grama Streambank Wheatgrass Yell ow Sweetclover 1. 7 lbs/acre 2. 7 lbs/acre 3.4 lbs/acre .7 lbs/acre Mixture for water edges will add Reed Canary grass to above species. Native cattails will establish themselves along the water edge and together with the seeded grasses and the trees, they will build an effective protection against erosion due to water level fluctuation, wave action and flooding. Water for irrigation is available from the ponds and a relatively high water table and will be applied as necessary to 136

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insure revegetation. Fertilizer will be applied as necessary. Favorable brush species which infiltrate from natural downwind seeding will be allowed to remain. The following recommendations are from the West Adams Soil Conservation District. Pre-irrigation will be accomplished to bring the soil to its maximum water holding capacity (field capacity) to enhance the success of seeding. Straw will be crimped in with seeding operations to reduce erosion and evaporation and to protect the seeding. A grass drill will be used wherever possible. 137

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COOMIYOIIA ... I.C_.a., --------___ ,._ .. ...._. __ ---Figure 41: Reclamation Plan. DRMS permit-1973-002file 63829. 138

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Exhibit E Reclamation Plan 1985 Amendment to Supersede Previous Section (Reclamation Plan Summary) General Reclamation of the land disturbed by mining will be achieved by water bodies and revegetated shorelines. No grazing is planned. The ponds will provide additional flood storage and the revegetation will blend the disturbed lands into the river bottom scene. Adams County has planned this land as agricultural and floodplain. This reclamation plan is compatible with those designations. Final Grading The shoreline of the ponds will be backfilled to create a gradual slope into the water. Drainage of the disturbed lands will be directed into the ponds. No runoff will flow directly into the river. The pond shores will revegetated to prevent erosion and to keep the pond water as clear as possible. Grading around a pond will be performed when mining is completed and the next area is prepared for mining. The work will be performed by dozers and graders. In no case will grading be delayed longer than nine months after mining completion. The slopes of the land will blend with the surrounding flood plain topography of the area. Swimming will not be allowed in the ponds. No acid-forming or toxic producing materials will be unearthed by the mining. No earth dams will be constructed. No fire lanes are necessary. Topsoiling Topsoil and growth medium will be stockpiled on the tract. A volume of approximately 200,000 cubic yards has been determined to be sufficient for phase 139

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one, and approximately 60,000 cubic yards for phase two. Additional topsoil will be sold or distributed over the reclaimed area as needed. Water Disturbance to the prevailing hydrologic balance of the affected land and of the surrounding area and to the quantity of water in surface and groundwater systems both during and after the mining operations and during and after reclamation shall be minimized. Exhibit G by Leonard Rice Consulting Water Engineers outline compliance with Colorado water law and addresses injury to existing water rights. The water quality of the South Platte River will not be diminished by this operation. Applicable Federal and Colorado water quality regulations will be complied with. The mining operation will not affect any wetlands so dredge and fill requirements are not applicable. However, it will be necessary to obtain permits for the river realignment and the lower water crossing. These will be applied for after approval at the county level. No large siltation structures of earth dams will be constructed. Wildlife Because of the present poor quality of vegetation and poor percent cover and because of the proximity to major roadways and the recently abandoned farmland, the site offers neither unique nor abundant wildlife habitat. To our knowledge, there are no threatened or endangered species on this property and no animals which require special consideration. Refer to exhibit H for a full description of existing wildlife. Slopes Existing slopes along the river which are steeper than the performance standards will remain. 140

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Dike slopes, as previously permitted, may need to be steeper than the performance standards. (See plate GI and Gil for details.) Channel slopes for that portion of the South Platte River which will be realigned must meet the criteria being developed for Adams County. (See Exhibit G, Stabilization Plan Map.) In order to save existing large trees along the lake shores, small areas around this woody vegetation may need to be graded steeper than outlined in the performance standards. Above water, upstream lakeshores, 5: I Above water lake shores adjacent to the river (not including the original conversion), 5: l All other above water lake shores created by mining will be flatter than 3: to five feet above normal water line and 2: I above that. Below water line, slopes will be in compliance with the performance standards. To a depth of I 0 ft. below the expected water line, slopes will be no steeper than 3: I. From a depth of I 0 ft. from the expected water line to the bottom of the pond slopes shall be no steeper than 2: I. Shallows and shoals will be created along all lake shores (except those permitted under the original conversions) and will generally be evident during high water only. Fertilizer Soil tests indicate a deficiency of phosphorous in the soil. As part of the seed bed preparation, fertilizer is incorporated into the soil. Two hundred to four hundred pounds of I8-46-0 is incorporated per acre. The exact amount and ratio is included in I4I

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the annual report, and may vary between areas based on the quality of topsoil or growth medium replaced. Revegetation Revegetation of the realigned South Platte River Channel must comply with the Urban Drainage and Flood Control District standards. Revegetation of the disturbed area will commence as soon after backfilling and grading as practicable. In order to insure the greatest success, the planting and seeding will normally wait until the first spring. The revegetation will consist of trees, shrubs and grasses. Native Plant species will be used when available. If natives are not available, other hardy species will be used. Deciduous trees will be one or two year old saplings from 18 inches to 5 feet tall and be selected from the following list: American Plum Western Catalpa Green Ash Honey Locust Russian Olive Western Cottonwood Narrow leaf Cottonwood Lance leaf Cottonwood Willows Russian Mulberry Prunus Americana Catalpa speciosa Fraxinus pennsylvanica Gleditsia triacanthos Elaegnus angustfolia Populus sargetii Populsu angustfolia Populus acuminate Salix sp Morus alba Deciduous shrubs will be one gallon size and selected from the following list: 142

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Snowberry Symphoricarpus albus Buffaloberry Shepherdia argentea Cistenna Cherry Prunus padus Manchiv Cherry Prunus tomentosa Chokecherry Prunus virginiania Honeysuckle Lonicera sp Sumac Rhus sp Bluestem Willow Salix irrorata Golden current Ribes aureum Dogwood Comus stolonifera Multiflora Rose Rosa multiflora Autumn Olive Elaeagnus umbellate It may be desirable to plant a cover crop on some areas in order to protect them from erosion. These areas will be seeded with an annual grain as a temporary measure. Based on past experience and some test plots, the following seed mixture has been developed and will be used for the remainder of the areas to be reclaimed. The varieties may vary slightly based on availability. Switchgrass Slender Wheatgrass Western Wheatgrass Crested Wheatgrass Smooth Brome Little Bluestem 143

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Side Oats Grama Blue Grama Buffalo grass Reed Canary Grass may be added to the above mixture at a rate of 'h lb. per 100 linear feet of shoreline. The exact species and rates will appear in the annual reports. In the past, the rocky nature of the topsoil and/or growth medium has precluded the use of a grass drill. After the seedbed is prepared, the seed is broadcast onto the area. Then mulch is applied at a rate of 1 to 2 tons/acre and crimped in. These methods will continue to be used on the remainder of the property to be reclaimed. In the shallower area of the small coves, marsh and aquatic plants will establish themselves first. These plants will probably include species of Cattails, sago Pondweed, Wideongrass, Wildmillet, and Bullrushes. Over time the aquatic plants will spread around the entire shoreline and buffer against shore erosion from wave action and water level fluctuation. Other favorable species which infiltrate from natural seeding will also be allowed to remain. The relatively high water table and natural precipitation will be the sustaining water resource for the plant material. Weed Control Invasion of noxious weed species could destroy the reclamation efforts if not controlled. Weed control will be an ongoing management task accomplished by selective herbicide spraying and then revegetation. In some areas mechanical means of weed control will be employed. 144

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Other Information Woody vegetation will be removed as each area is prepared for mining. Woody vegetation which can be made use of as firewood will be put to such use, or it will be made use of in the shoreline rehabilitation program. No portion of this land will be reclaimed as forest land. No portion of this land will be reclaimed as rangeland. Timetable Backfilling and grading for reclamation begins immediately after mining of an area is complete and will not be disturbed by the remaining mining operation. In order to insure the greatest success, the planting and seeding will normally wait until the first spring. The number and location of acres reclaimed is dependent upon the mining and backfilling operations. These specifics are shown in the annual reports. It may be necessary to postpone shoreline revegetation in some areas due to additional disturbance associated with underwater slope reconfiguration. However, as soon as possible after all grading has been completed, planting and seeding will be initiated. 145

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SELECT ANNOTATED BIBLIOGRAPHY 1. Allison, Stuart K. You Can't Not Choose: Embracing the Role of Choice in Ecological Restoration. Restoration Ecology, Vol. 15, no. 4 (2007): 601-605. An article briefly discussing the importance of making a decision in approach to reclamation, rather than the lack of decision which in effect promotes the status quo, or acceptance of that with which you do not agree. The importance of simply making a choice whether right or wrong; good or bad is stressed. The viewpoint of this article is that of a restoration ecologist. The debates of restoration as a practice are covered; the effects and attitudes of humanity in relation to the land and restoration are also covered; as well as a brief critique of the philosophy of dominion. 2. Arbogast, Belinda F., Knepper, Daniel H. and Langer, William H. "The Human Factor in Mining Reclamation" Denver, CO: USGS Department of the Interior, 2000. Informational USGS circular introducing The Front Range Infrastructure Resources Project. Includes brief summary of the history of resource management in the United States and current permitting processes and regulation of mining activities in Colorado. This circular identifies nine approaches to reclaiming the post-mining landscape and briefly covers the basic foundational assumptions of each approach with respective examples. 146

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3. Berger, Alan. Reclaiming the American West. New York: Princeton Architectural Press, 2002. A comprehensive text covering a brief history of westward mining expansion in the US; and historic and current mining law as well as a history of environmental legislation in the US. In addition, a breakdown of current natural resources found on public lands in the western half of the US is provided. Case studies and brief explanations of abandoned mines and examples of current reclamation efforts by major mining companies are supplied. Berger stresses the importance of dealing with waste landscapes due to ever increasing population growth and consumer demands. 4. Berger, Alan ed. Designing the Reclaimed Landscape. New York: Taylor and Francis, 2008. A collection of essays from a variety of professionals and academics within the science disciplines, the field of landscape architecture, economic history and environmental legislation. These essays offer up a variety of perspectives in dealing with reclamation issues from ecological succession to design outcomes and legislative acts. 5. Colorado Division of Minerals and Geology. "Mined Land Reclamation in Colorado: An Overview" Denver, CO: Department ofNatural Resources, Vol. 7 no. 2 (n.d.) 183-192. 147

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Informational article covering C.R.S. Title 34 Article 32.5 and the formation of the Mined Land Reclamation Board. Includes a basic description of the mining application and permitting process and the MLRB. Delineates permit types required based on size and specifics of mining operations. In addition, basic descriptions of types of mining are covered. This article also briefly outlines the responsibilities of the MLRB and provides examples of successful mining reclamation projects. 6. Engler, Mira. "Waste Landscapes: Permissible Metaphors in Landscape Architecture." Landscape Journal, Vol. 14, no. I (1995): 11-25. Engler is known for her work in the treatment of waste landscapes those typically dealing with human waste. In this article, Engler delineates several approaches to reclamation and what values these approaches represent, as well as which disciplines adhere to the principles of each approach. Engler advocates for the 'integrative' approach which is a synthesis of differing viewpoints and disciplines. The article also includes a brief history ofthe psychology behind our perception of waste and provides examples of current designed waste sites which also serve as public places and recreational areas. 7. Heifner, Mark. 1978. "Sand and Gravel Mining in Colorado Riparian Habitats." Lowland River and Stream Habitat in Colorado: A Symposium. Colorado Chapter of Wildlife Society and Colorado Audubon Council, Denver, CO, n.d. 1978. 148

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Mark Heifner was a DRMS Reclamation Specialist. This report offers the perspective of a reclamation specialist working in the field directly with reclaimed mining sites. This report focuses primarily on the reclamation of aggregate mining sites in urban areas and also briefly covers the minimum requirements and standards in relation to reclaiming the post aggregate mining site. 8. Merchant, Carolyn. The Death of Nature: Women, Ecology and the Scientific Revolution. New York: HarperCollins Publishers, 1983. This text is an extremely interesting historical account of humanity's relationship to nature from an eco-feminist stance. Merchant attributes the paradigm shifts in wilderness philosophy from the view of Earth as Mother Earth (feminine) to those of Judea-Christianity (dominion) and the Scientific Revolution (Earth as a series of parts) as contributing to our current relationship with and use of land. Merchant also attributes recent environmental legislation to the undercurrents of predominant environmental philosophy. 9. National Research Council. Hardrock Mining on Federal Lands. Washington: National Academy Press, 1999. Report compiled in 1999 covering recent federal legislation and effectiveness of implementation by governing agencies. Covers potential impacts of hardrock mining. Although this report focuses on the impacts of hardrock mining, the notable section covers recommendations of areas requiring further 149

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research to understand the full effects of those impacts. Of particular interest is the section specifically relating to pit lakes and their potential impacts on water quality, quantity and water pollution. Pit lakes are often inherent in the aggregate extraction process where water tables and static water levels are shallow. 10. Oelschlaeger, Max. The Idea of Wilderness. New Haven: Yale University Press, 1991. This text outlines the views of humanity in relation to wilderness from the Neolithic to the Paleolithic, forward to Judea-Christianity, Cartesian philosophy, American Wilderness writers Emerson and Thoreau, Aldo Leopold and the land ethic, and finally contemporary wilderness philosophy. Oelschlaeger's approach is straight forward, to the point and seemingly unbiased. 150

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BIBLIOGRAPHY Adams County. "Section XVIII: Background for Gravel Mining Criteria Development" Report, Adams County Denver, CO: n.d. Allison, Stuart K. "You Can't Not Choose: Embracing the Role of Choice in Ecological Restoration," Restoration Ecology, Vol. 15, no. 4 (2007): 601-605. Arbogast, Belinda F., Knepper, Daniel H. and Langer, William H. "The Human Factor in Mining Reclamation" Denver, CO; USGS Department of the Interior, 2000. Arbogast, Belinda F., Knepper Jr., Daniel H., Melick, Roger A. and Hickman, John. "Evolution of the Landscape along the Clear Creek Corridor, ColoradoUrbanization, Aggregate Mining and Reclamation" Denver, CO: USGS Department ofthe Interior, 2002. Arbogast, Belinda, "Interrogating a Landscape Design Agenda in the Scientifically Based Mining World," in Designing the Reclaimed Landscape, ed. Alan Berger (New York: Princeton Architectural Press, 2002), 52. Berger, Alan. Designing the Reclaimed Landscape. New York: Taylor and Francis, 2008. Reclaiming the American West. New York: Princeton Architectural Press, 2002. Bureau of Land Management. "Colorado Briefing Book" Denver, CO: US Department ofthe Interior, n.d., 2009. -----. "H-1790-1: National Environmental Policy Act Handbook" Washington DC: US Department of the Interior, January 30, 2008. Capra, Fritof. The Turning Point: Science, Society and the Rising Culture. New York: Bantam Books, 1983. 151

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The Web of Life: A New Scientific Understanding of Living Systems. New York: Anchor Books, 1996. Clement, Lisa. "Destiny Mining, LLC: A Case Study." Independent Study, University of Colorado Denver, 2009. Colorado Division of Minerals and Geology. "Mined Land Reclamation in Colorado: An Overview" Denver, CO: Department ofNatural Resources, Vol. 7 no. 2 (n.d.) 183-192. "Best Practices in Abandoned Mine Land Reclamation: the remediation of post-mining activities" Denver, CO: Department ofNatural Resources. n.d. Destiny Mining Permit Application. File #M-2009-056. (Denver, CO: DRMS, September 2009). Thornton Pit Permit Application. File #M-1973-002. (Denver, CO: DRMS, February 2010). Colorado Mined Land Reclamation Act of 1976, C.R.S. 34 32-101 et. seq. Colorado Natural Areas Program, Colorado State Parks and Colorado Department of Natural Resources. Native Plant Revegetation Guide. October 1998. Constantino, Darren. "Reclamation: Taking the Right Steps Planning and Purpose are Two Goals of a Successful Reclamation Strategy." Pit and Quarry, (Feb. 2001 ). Accessed January 31, 2011, http:/ /findarticles.com/p/ articles/mi_m3 09 5/is_9 _93/ ai_n2 7 5 662 72/ Council on Environmental Quality. CEQ Regulations-Terminology Section 1500. Covich, Alan P., Fausch Kurt D., and Strange, Elizabeth M. "Sustaining Ecosystem Services in Human-Dominated Watersheds: Biohydrology and Ecosystem Processes in the South Platte River Basin," Environmental Management, Vol. 24, no. 1 (1999): 39-54. 152

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Del Tredici, Peter, "Disturbance Ecology and Symbiosis in Mine-reclamation Design," in Designing the Reclaimed Landscape, ed. Alan Berger (New York: Princeton Architectural Press, 2002), 13. E1iade, Mircea. The Sacred and Profane: The Nature of Religion. Orlando: Harcourt, Inc., 1959. Elton, Charles. The Ecology of Invasions by Animals and Plants. London: Methuen & Co. Ltd., 1958. Engler, Mira. "Waste Landscapes: Permissible Metaphors in Landscape Architecture," Landscape Journal, Vol. 14, no. 1 (1995): 11-25. Gladwin, Douglas N. and Roelle, James E. "Establishment of Woody Riparian Species from Natural Seedfall at a Former Gravel Pit," Restoration Ecology, Vol. 7, no. 2 (1999): 183-192. Gomes, Mary E. and Allen D. Kanner. "The All-Consuming Self," in Ecopsychology: Healing the Earth, Healing the Mind, eds. Theodor Roszak, Mary E. Gomes and Allen D. Kanner (San Francisco: Sierra Books, 1995), 77. Heifner, Mark. "Sand and Gravel Mining in Colorado Riparian Habitats." Lowland River and Stream Habitat in Colorado: A Symposium. Colorado Chapter of Wildlife Society and Colorado Audubon Council, Denver, CO, n.d. 1978. Kunstler, James Howard. The Geography of Nowhere: The Rise and Decline of America's Man-Made Landscape. New York: Simon & Schuster, 1994. Leopold, Aldo. A Sand County Almanac. New York: Oxford University Press, Inc., 1966. Lopez, Barry. Of Wolves and Men. New York: Simon & Schuster, 1978. ------.Crossing Open Ground. New York: Vantage Books, 1978. Marshall, Peter. Nature's Web: An Exploration of Ecological Thinking. London: Simon & Schuster, 1992. 153

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Merchant, Carolyn. The Death of Nature: Women, Ecology and the Scientific Revolution. New York: HarperCollins Publishers, 1983. Micsak, Robert. "The Legal Landscape," in Designing the Reclaimed Landscape, ed. Alan Berger (New York: Princeton Architectural Press, 2002), 154. Mutel, Cornelia Fleischer and John C. Emerick. From Grassland to Glacier: A Natural History of Colorado. Boulder: Johnson Books, 1984. National Research Council. Hardrock Mining on Federal Lands. Washington: National Academy Press, 1999. National Resource Conservation Service, September 19, 2009, http://www.nrcs.usda.gov Oelschlaeger, Max. The Idea of Wilderness. New Haven: Yale University Press, 1991. Rosenberg, Ann M., "An Emerging Paradigm for Landscape Architecture," Landscape Journal, Vol. 5, no. 2 (1986): 75-82. Schneider, Eric D., "Succession in Landscape Reclamation," in Designing the Reclaimed Landscape, ed. Alan Berger (New York: Princeton Architectural Press, 2002), 42. Schwartz, Eleanor R., "A Capsule Examination of the Legislative History of the Federal Land Policy and Management Act of 1976" Denver, CO: National Science and Technology Center, Bureau of Land Management, 1979. Urban Drainage and Flood Control District. "Technical Review Guidelines for Gravel Mining Activities Within or Adjacent to I 00Year Floodplains" Denver, CO: 1987. Western Mining Action Project, personal letter, 22 September, 2009. 154

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Widman, Beth L., Robert M. Kirkham, Karen J. Houck and Neil R. Lindsey. "Geologic Map ofthe Fairplay West Quadrangle." Colorado Geologic Survey, Denver, 2006. 155