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HomeMy WebLinkAbout20121068.tiff STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 WELD COUNTY Denver,Colorado 80203 COMMISSIONERS COLORADO DIVISION OF Phone:(303)866-3567 RECLAMATION FAX: (303)832-8106 io'q App 20 A I0 MINING G L APR G U 52 —&— SAFETY RECEIVED John W.H:ckenlooper Governor King Notice of I I 2c Construction Materials Executive Director Loretta e Pineda Reclamation Permit Release Request Consideration q Dvector DATE: April 17, 2012 TO: Weld County Commissioners County Commissioner 915 10th St Greeley, CO 80631 swp M PS FROM: Peter S. Hays, Environmental Protection Specialist RE: City of Greeley, 25th Avenue Site, Permit No. M-2002-020 Please be advised that on April 11, 2012, City of Greeley, whose address and telephone number are 1100 10th St., Suite 300 , Greeley, CO 80631; (970) 336-4039, submitted a request for full reclamation responsibility release for the 25th Avenue Site, Permit No. M-2002-020. The construction materials extraction operation is located at or near Section 36, Township 6N, Range 66W,06th Prime Meridian, in Weld County. Written comments or objections to the release may be submitted to, and additional information obtained from, the Division of Reclamation, Mining and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866- 3567. Comments or objections should be submitted within 15 days. The Division is required to wait 30 days after the release decision is made to allow for appeals. Li -a5- is 2012-1068 y - ao-ia Office of Office of Mined Land Reclamation Denver • Grand)unction • Durango Active and Inactive Mines • fl..44.CO STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources RECEIVED 1313 Sherman St.,Room 215 Denver,Colorado 80203 o r v r s I o N O h' Phone:13031866.3567 CONSTRUCTION MATERIALS MAR 0 4 2002 MINERAL S FAX:13031 812-81 06 REGULAR(112)OPERATION 6` RECLAMATION PERMIT APPLICATION @i11 S of Minerals and Geology f,E O LOGY ✓ RECLAMATION MINING•SAFETT Bill Owens Governor CHECK ONE; There is a File Number Already Assigned to this Operation Greg E.Watcher Permit# 1� _ (Please reference the file number currently assigned to this operation) Executive Director Michael B.Long New Application(Rule 1.4.5) _Amendment Application(Rule 1.10) Dwiscon Oueclnr _Conversion Application(Rule I.11) Permit it M - - _ (provide for Amendments and Conversions of existing permits) The application fora Construction Materials Regular 112 Operation Reclamation Permit contains three major parts:(I)the application fora: (2)Exhibits A-S,Addendum I,any sections of Exhibit 6.5(Geotechoical Stability Exhort:and(3)the application fee. When you submit your application,be sure to include one(1)complete signed and notarized IVORY ORIGINAL and four(4)copies of the completed ivory application form,five(5)copies of Exhibits A-S,Addendum 1,appropriate sections of 6.5(Geotechnical Stability Exhibit,and a check for the application fee described undo Section(4)below. Exhibits should NOT be bound or in a 3-ring binder, maps should be folded to 8 1/2"X II"or 8 1/2"X 14"size. To expedite processing,please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly,in the space provided,all Information described below. JM_ aooa-,(3C) I. Aoalicantionerator or COMM).name inane to be used on nermlt): /City of Greeley 1.1 Type of organization(corporation,partnership,etc.): Manic i pal Cnrpot a t i on 1.2 I.R.S.Tax I.D.No.or Social Security Number: 98-03320 • 2. Operation name(nit.mine or she name): /5th Avenue Site 3. Permitted*create(new or existing site): 89. 16 permitted acres 3.1 Change in acreage(+) — acres 3.2 Total acreage in Permit area 89.16 acres 4. Ems: 4.1 New Application 52 344.00 application fee 4.2 New Quarry Application 52.906.00 quarry application 4.4 Amendment Fee $1.938.00 amendment fee 4.5 Conversion to 112 operation(set by statute) $2344.00 Conversion fee 5. Primary commoditie(s)to be mined: sand gravel 5.1 Incidental commoditie(s)to be mined. In/a / Ibs/Tons/vr 2. I Ibs/fonsfvr 3. / lbslTons/vr 4. / Ibs/fons/vi 5. / Wrens/yr 5.2 Anticipated ead use of primary commoditie(s)tobemined: Construction materials - 5.3 Anticipated end use of incidental commodisie(s)to be mined: n/a -2- 6. Name of owner of subsurface rights of affected land: if 2 or more owners,"refer to Exhibit O". 7. Name of owner of surface of affected land: City of Greeley 7.1 Names of the holders of any recorded easements on the affected land: 8. Type of mining operation: X Surface Underground 9. Location Information: The curter of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN(check one): X 6th(Colorado) _ 10th(New Mexico) Ute SECTION(write number): S 36 TOWNSHIP(write number and check direction): T 6 X North South RANGE(write number and check direction): R 66 East X West QUARTER SECTION(check one): NE X NW SE SW QUARTER/QUARTER SECTION(check are): NE NW SE X SW GENERAL DESCRIPTION:(the number of miles and direction from the nearest town and the approximate elevation): H miles NW of Greeley, approximate elevation = 4674 10. Primary future(Post-mining)land use(cheek one): Cropland(CR) _ Pastureland(PL) _ General Agriculture(GA) - Rangeland(RL) _ Forestry(FR) ! Wildlife Habitat(WL) _ Residential(RS) _ Recreation(RC) _ Industrial/CommercialOC) X Developed WaterResoarces(WR) _ Solid Waste Disposal(WD) 11. Primary present land use(check duel: - Cropland(CR) _ Pastureland(PL) _ General Agricniture(GA) - Rangeland(RL) _ Foreshy(FR) _ Wildlife Habitat(WL) Residcntial(RS) _ Recreation(RC) x industrial/CommercialOC) _ Developed Water Resources(V/R) 12. Method of Mining: Briefly explain mining method(e.g.truck/shovel): Open pit dry mining using loaders and scrapers to excavate. 13. On Site Processing: X. Crushing/Saxmng 13.1 Briefly explain on-site processing: Material may be crushed, sized and/or washed as needed using crushers, screens and wash plants. 13.2 List any designated chemicals or acid-producing materials to be used Of stored within permit area: None are proposed. 14. Correspondence Information: APPLICANT/OPERATOR (name,address,and phone of name to be used on permit) Contact's Name: Todd Williams Tide: Company Name: City of Greeley.Water F.nrerpriae c/n Seweieuepartmencd Street: 1100 10th Street City: Greeley State: Colorado Zip Code: 80631 Telephone Number. ( 970 )- 350-9291 Fax Number: ( 970 )- 350-9805 PERMITTING CONTACT (if different from applicant/operatorabove) Environmental Compliance Counters Name: Pam Acre Tide: Spec iali_st Company Name: Applegate Group, Inc. Snot 1499 West 120th Avenue, Suite 200 City: Denver Sate:' Colorado Zip Code: 80234 TelephoneNumber ( 303 )- 452-6611 Fax Number: ( 303 )- 452-2759 INSPECTION CONTACT Contacts Name: Todd Williams Title: Greeley Water and Company Name: City of Greeley, Water Enterprise c/o Sewer Department Street: 1100 10th Street City: Greeley State: Colorado Zip Code: 80631 Telephone Number: ( 970 )- 350-9291 FIX Number: 9( 70 )- 350-9805 CC: STATE OR FEDERAL LANDOWNER(if any) Agency: n/a Street: City:. State: Zip Code: Telephone Number. ( �- CC: STATE OR FEDERAL LANDOWNER(if any) Agency: n/a Sheet: City: State: Zip Code: Telephone Number. ( - 4- 15. Description of Amendment or Conversion: If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s). Maps and Exhibits: Five(5)campkte,unbound application packages must be submitted. One complete application package consists of a signed application form and the set of maps and exhibits referenced below as Exhibits A-S,Addendum 1,and the Geoterh.irnl Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate documents are used as appendices,please reference these by name in the exhibit. With each of the five(5)signed application forms,you must submit a corresponding set of the maps and exhibits as described in the following references to Rite 6.4,6.5,and 1.62(t)(b): EXHIBIT A Legal Description EXHIBIT R Index Map EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands to include the location of any recorded easements EXHIBIT D Mining Plan EXHIBIT E Reclamation Plan EXHIBIT F Reclamation Plan Map EXHIBIT G Water Information EXHIBIT H Wildlife Information EXHIBIT I Sods Information EXHIBIT I Vegetation Information EXHIBIT K Climate Information EXHIBIT L Reclamation Costs EXHIBIT M Other Permits and Licenses EXHIBIT N Source of Legal Right-To-Enter,to include holders of any recorded easements EXHIBIT 0 Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined-to include holders of any recorded easements EXHIBIT P Municipalities Within Two Miles EXHIBIT.Q Proof of Mailing of Notices to County Commissioners and Soil Conservation District EXHIBIT R Proof of Filing with County Clerk or Recorder EXHIBIT S Permanent Man-Made Structures Rule 1.6.2(1)(b) ADDENDUM 1 -Notice Requirements(sample enclosed) Rule 6.5 Geotechnical Stability Exhibit(any required sections) The instructions for preparing Exhibits A-S,Addendum 1,and Geote finical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.6.2(1)(b)of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information requited,or would like to schedule a pre-application meeting you may contact the Office at 303466-3567. - 5 - Responsibilities as a Fermittee: Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a number of important requirements which you, as a permittee, should fiilly understand. These requirements are listed below, Please read and initial each requirement,in the space provided,to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office for a full explanation. 11O 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; -1w 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terms or conditions of this permit,the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; v•-) 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary,substantial civil penalties,to you as permittee can result; C1tA3 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; -1-lm.) 5. It is your responsibility to notify the Office of any changes in your address or phone number; 6. Upon permit issuance and prior to beginning on-site mining activity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information(Rule 3.1.12): a. the name of the operator, b. a statement that a reclamation permit for the operation has been issued by the Colorado lvfmed Land Reclamation Board;and, c. the permit number. l.J 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance. `l 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application,as well as with the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. \ - 6 - �� 9. Annually,on the anniversary date of permit issuance,you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example, a permit with the anniversary date of July 1, 1995,the annual fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the permittee,to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. ` ) CU 10. For joint venture/partnership operators: the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office. Therefore,if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider continents,unless they are written,and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process, you may contact the Office at(303) 866-3567. • -,- Certification: As an authorized representative of the applicant,I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. To the best of my knowledge,all significant,valuable and permanent man-made structure(s)in existence at the time this application is filed, and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5-I15(4)(e),C.R.S.). 2. No mining operation will be located on lands where such operations are prohibited by law(Section 34.32.5-115(4x1), C.R.S.; 3. As the applicant/operator,I do not have any extraction/exploration operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials(Section 34-32.5-120,C.R.S.)as determined through a Board finding. 4. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503,C.R.S. Signed and dated this g day of 1 Lf YLIi , aver CITY OF GREELEY If Corporation Attest(Seal) Applicant/Operator or Company Name - _ , - Signed: Signed: 4 . k. oetary � Secror.Equivalent Title: //".4-7.a--v Trnw/City/Cotmty Clerk State of (ohrada ) )ss County of Weil, ) The foregoing instrument was acknowledged before me this p/ al day of `,t a Qtx&r y goo?. by'\en4, u)illy 5✓ 4y i4. in. as /✓lea rr k' ()4 -, of Ike (7--.4s cP heir 7 . Notary Public " - - My Coruntssixires8ptenbiir 18,2002 My Commission expires: • v i SIGNATURES MUST BE IN BLUE INK . EXHIBIT A Legal Description A tract of land located in Section 36, Township 6 North, Range 66 West of the Sixth Principal Meridian, Weld County, State of Colorado as described in the attached description. The proposed permit boundary includes approximately 89.160 acres. IS"Avenue Site DMG 112 Permit Page 1 • EXHIBIT B • I' . ...-.a-- _ . • . _wan.- -. _ -—K-- •.. - - - - . , ___t.♦ _mars — il • sk _ �" R 66 W - •s I ;I \ .... •• 8 • 1•4tp`s.�� • • N. D�Ch e . ds- Ilya; w .r- ti `. . 1 \ • I. I,i I •:� � - _z. : I ` • 4.691 +I'. t _ • ' ;I -,, C CACHE •' 1f ;lea s" -•__ry -_ •Eel! , , • •• •• Kampen 'spittle ' 4491 �- 71 ,�. 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U Z `m t o V m m _ w u o Q O' = d O z Permit Boundary to be Released A tract of land being a portion of Section 36, Township 6 North, Range 66 West of the Sixth Principal Meridian, City of Greeley, County of Weld, State of Colorado being more particularly described as follows: Considering the West line of Northwest Quarter of Section 36 as bearing South 00°06'57" East, and with all bearing contained herein relative thereto: Commencing at the Northwest Corner of said Section 36; thence, South 00°06'57" West, 691.15 feet to the POINT OF BEGINNING, thence, South 89°53'03" East, 30.00 feet; thence, South 00°06'57" West, 1870.21 feet; thence, South 00°06'57" West, 50.00 feet; thence, South 00°00'49" West, 1009.12 feet; thence North 73°46'07" W a distance of 32.79 feet; thence, North 00°05'32" East, 931.15 feet; thence, North 00°06'57" East, 1989.08 feet to the POINT OF BEGINNING. F:\237-019_Greeley\25th Avenue Pit\Dwg\Engineer\Snowdon\Legal Description.docx ue STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 1313 Sherman St.,Room 215 ,'WELD COUNTY COLORADO h,4 fyn, DIVISION Of Denver,Colorado 80203 "�t t� ISSIONERS RECLAMATION Phone:(303)866-3567 MINING FAX: (303)832-8106 1011 APR 21 A !0: 49 SAFETY RECEIVEDJohn W.Hickentooper Govemor April 24,2012 Mike King Executive Director Loretta E.Pineda Director Weld County Commissioners County Commissioner 915 10th St Greeley,CO 80631 RE: Notice of 112 Construction Materials Reclamation Permit Amendment Application Consideration City of Greeley,25th Avenue Site,Permit No.M-2002-020 Please be advised that on April 24, 2012, City of Greeley, whose address and telephone number are 1100 10th St., Suite 300 , Greeley, CO 80631; (970) 336-4039, filed an Amendment application to M-2002-020, 25th Avenue Site, which is located at or near Section 36, Township 6N, Range 66W, 06th Prime Meridian, in Weld County. The application decision is scheduled for July 23, 2012. A copy of the application is available for review, unless you receive a CD, at the Weld County Clerk & Recorder's office and at the office of the Division of Reclamation, Mining and Safety, Room 215, 1313 Sherman Street,Denver,Colorado 80203. If you desire to make comments or objections of the mine plan and/or the reclamation plan, they must be submitted within twenty (20) days of the date of the last newspaper public notice to be considered in the application review process by the Division. You should contact the applicant for the newspaper publication date. If we do not receive your comments or any objection by the end of the public comment period, the Office will assume you have no objection or comment to the proposed activity. If you have any questions,please contact me. Sincerely, Peter S.Hays Environmental Protection Specialist Office of Office of Mined Land Reclamation Denver•Grand Junction•Durango Active and Inactive Mines STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 1313 Sherman St.,Room 215 Denver,Colorado 80203 COLORADO Phone:(303)866-3567 CONSTRUCTION MATERIALS n i v I s I o N OF RECLAMATION FAX:(303)832-8106 REGULAR(112)OPERATION MINING RECLAMATION PERMIT APPLICATION FORM SAFETY Bill Ritter,Jr. CHECK ONE: 0✓ There is a File Number Already Assigned to this Operation tenor 20 02 020 Barris O.Sherman p • M - - (Please reference the file number currently assigned to this operation)ecutive Director New Application(Rule 1.4.5) ri Amendment Application(Rule 1.10) Ronald w.rattany Division Director Conversion Application(Rule 1.11) Natural Resource Trustee Permit i9 M -2002.020 (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts:(1)the application form;(2)Exhibits A-S,Addendum 1,any sections of Exhibit 6.5(Geotechnical Stability Exhibit;and(3)the application fee. When you submit your application,be sure to include one (I) complete signed and notarized ORIGINAL and one (1) copy of the completed application form,two(2)copies of Exhibits A-S,Addendum 1,appropriate sections of 6.5(Geotechnical Stability Exhibit,and a check for the application fee described under Section(4)below. Exhibits should NOT be bound or in a 3-ring binder;maps should be folded to 8 1/2"X 11"or 8 1/2"X 14"size. To expedite processing,please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly,in the space provided,ALL information requested below. I. Applicant/operator or company name(name to be used on permit),: City of Greeley 1.1 Type of organization(corporation,partnership,etc.): Municipality 2. Operation name(pit,mine or site name): 25th Avenue Site 3. Permitted acreage(new or existing site): 89.16 permitted acres 3.1 Change in acreage(+) . 1271 • • acres ' .. 3.2 Total acreage in Permit area 286.67 acres 4. Fees: 4.1 New Application $2,696.00 application fee 4.2 New Quarry Application $3.342.00 quarry application 4.4 Amendment Fee $2.229.00 amendment fee 4.5 Conversion to 112 operation(set by statute) $2.696.00 conversion fee 5. Primary commoditie(s)to be mined: sand gravel 5.1 Incidental commoditie(s)to be mined: 1. n/a - lbs/Tons/vr 2. / lbs/Tons/vr 3. / ibs/Tons/vr 4. / lbs/Tons/yr 5. / lbs/Tons/yr 5.2 Anticipated end use of primary commoditie(s)to be mined: Construction Materials 5.3 Anticipated end use of incidental commoditie(s)to be mined: n(a Office of Office of Mined Land Reclamation ' Denver • Grand Junction • Durango Active and Inactive Mines -2- 6. Name of owner of subsurface rights of affected land: City of Greeley If 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: City of Greeley 8. Type of mining operation: 1 Surface Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN(check one): al 6th(Colorado) n (� 10th(New Mexico) ' I Ute SECTION(write number): S 36 TOWNSHIP(write number and check direction): T 6F.North a South RANGE(write number and check direction): R 66 1 1 East II1 1 West QUARTER SECTION(check one): E 1 —J El SW QUARTER/QUARTER SECTION(check one): NE r 'NW SE SW GENERAL DESCRIPTION:(the number of miles and direction from the nearest town and the approximate elevation): approximately 1-1/2 miles northwest of Greeley, approximate elevation 4670 10. Primary Mine Entrance Location(report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude(N): deg 40 min 26 sec 42 .70 (2 decimal places) Longitude(W): deg 104 min 43 sec 15 50 (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449° Latitude(N) (5 decimal places) Longitude(W) (5 decimal places) OR Universal Tranverse Mercator(UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum(specify NAD27,NAD83 or WGS 84) Nad 83 Zone 13 Easting Northing -3 - H. Correspondence Information: APPLICANT/OPERATOR (name,address,and phone of name to be used on permit) Contact's Name: Jon Monson Title: Water and Sewer Director Company Name: City of Greeley Street/P.O.Box: 1100 10th Street, Suite 300 P.O.Box: City: Greeley State: Colorado Zip Code: 80631 Telephone Number: (970 )_ 350-9811 Fax Number: (970 )_ 350-9805 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Bill Schenderlein Title: Project Manager Company Name: Blue Earth Street/P.O.Box: P.O.Box: 973 City: Fort Collins State: Colorado Zip Code: 80522 Telephone Number: 970 )_ 227-2803 Fax Number: ( )- INSPECTION CONTACT Contact's Name: Jim Hall Title: Water Resources Manager Company Name: City of Greeley Street/P.O.Box: 1100 10th Street, Suite 300 P.O.Box: City: Greeley State: Colorado Zip Code: 80631 Telephone Number: (970 )_ 336-4039 Fax Number: (970 )- 350-9805 CC: STATE OR FEDERAL LANDOWNER(if any) Agency: Street: City: State: Zip Code: Telephone Number: ( )- CC: STATE OR FEDERAL LANDOWNER(if any) Agency: Street: City: State: Zip Code: Telephone Number: ( )- -4- 12. Primar future(Post-mining)land use(check one): 11 Cropland(CR) El Pastureland(PL) General Agriculture(GA) _El Rangeland(RL) ji Forestry(FR) Wildlife Habitat(WL) 1 1 Residential(RS) fl Recreation(RC) IndustrialJCommercial(IC) _El Developed Water Resources(WR) El Solid Waste Disposal(WD) 13. Primar resent land use check one : Cropland(CR) Pastureland(PL) General Agriculture(GA) !.__1_ Rangeland(RL) Forestry(FR) �''{ Wildlife Habitat(WL) BResidential(RS) Developed Water ResourcesRecreation(RC) u Industrial/Commercial(IC) `� Developed Water Resources(WR) 14. Method of Mining: Briefly explain mining method(e.g.truck/shovel): Open pit dry mining using scapers, loaders, and excavators 15. On Site Processing: ✓ Crushing/Screening 13.1 Briefly explain mining method(e.g.truck/shovel): Open pit dry mining using scrapers, loaders, and excavators with crushing, screening, and washing List any designated chemicals or acid-producing materials to be used or stored within permit area: None 16. Description of Amendment or Conversion: If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s). Add property to existing M-2002-020 permit to finish mine pit excavation on adjacent parcel and convert to below-grade water storage reservoir while backfilling other previously mined pits. -5- Maps and Exhibits: Two(2)complete,unbound application packages must be submitted. One complete application package consists of a signed application form and the set of maps and exhibits referenced below as Exhibits A-S,Addendum 1,and the Geotechnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate documents are used as appendices,please reference these by name in the exhibit. With each of the two(2)signed application forms, you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4,6.5,and I.6.2(1)(b): EXHIBIT A Legal Description EXHIBIT B Index Map EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands EXHIBIT D Mining Plan EXHIBIT E Reclamation Plan EXHIBIT F Reclamation Plan Map EXHIBIT G Water Information EXHIBIT H Wildlife Information EXHIBIT I Soils Information EXHIBIT J Vegetation Information EXHIBIT K Climate Information EXHIBIT L Reclamation Costs EXHIBIT M Other Permits and Licenses EXHIBIT N Source of Legal Right-To-Enter EXHIBIT O Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined EXHIBIT P Municipalities Within Two Miles EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District EXHIBIT R Proof of Filing with County Clerk or Recorder EXHIBIT S Permanent Man-Made Structures Rule I.6.2(1)(b) ADDENDUM 1 -Notice Requirements(sample enclosed) Rule 6.5 Geotechnical Stability Exhibit(any required sections) The instructions for preparing Exhibits A-S,Addendum 1,and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.6.2(1)(b)of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required, or would like to schedule a pre-application meeting you may contact the Office at 303-866-3567. Responsibilities as a Permittee: Upon application approval and permit issuance,this application becomes a legally binding document. Therefore,there are a number of important requirements which you,as a permittee, should fully understand. These requirements are listed below. Please read and initial each requirement,in the space provided,to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office for a full explanation. �n-- 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; -6 - V 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties,to you as permittee can result;a. 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of any changes in your address or phone number; e 6. Upon permit issuance and prior to beginning on-site mining activity,you must post a sign at the entrance of the mine site,which shall be clearly visible from the access road,with the following information(Rule 3.1.12): a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance. 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application,as well as with the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. W-W- 9. Annually,on the anniversary date of permit issuance,you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date(if there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example,a permit with the anniversary date of July 1, 1995,the annual fee is for the period of July I, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the permittee,to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. 10. For joint venture/partnership operators: the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. -7 - NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions,changes,and deletions to this document prior to final decision by the Office. Therefore,if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments,unless they are written,and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process,you may contact the Office at(303) 866-3567. RECEIVED s APR 19 2012 Division of Reclamation, Certification: Mining& Safety As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. To the best of my knowledge,all significant,valuable and permanent man-made structure(s)in existence at the time this application is filed,and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5-115(4)(e),C.R.S.). 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4)(£),C.R.S.; 3. As the applicant/operator,I do not have any extraction/exploration operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120,C.R.S.) as determined through a Board finding. 4. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503,C.R.S. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,C.R.S.,of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to section 34-32.5-123,C.R.S. Signed and dated this Oil day of /11,fl a LSS , 020 car, k arN '4- City of Greeley oerdk rs, O1t6'If1 Attest(Seal) Applicant/Operator or Company Name V +0. 4. A 4 * Signed:21119-$4.49-1.---4.B�'h 't`� * SE AL Sign t . A•!Sl-�.fctbi/ to ref-e45" •s trate 'e.retary or Equivalent vistrTitle: 4 '"s-t�,.4 Town/City/County Clerk State of c otet )ss. County of Jt C t? d ) dpeld The foregoing ''ustrument was acknowledged before me this isstgfr day of aj_..L+ A LSS , all/•2,by 771 a-(/1.1 l as Ii)� of /j� 6g n U p �� Nota lie My Commission expires: /-2/ SIGNATURES MUST BE IN BLUE INK You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a EXHIBIT A Legal Description The proposed amendment area, currently a portion of the Greeley West Pit site (M-1977-081), is a tract of land located in Section 36, Township 6 North, Range 66 West of the Sixth Principal Meridian, Weld County, State of Colorado as described below. However, prior to this application approval, the entire 25th Avenue Site and proposed amendment area are planned to be annexed into the City of Greeley. The proposed amendment area includes 197.51 acres. Including the 89.16 acres in the existing 25th Avenue Site, the total proposed permit area is 286.67 acres. According to the Weld County Assessor's Office, the amendment area parcel is owned by Cottonwood Land and Farms, LLC and Double SM Farms. The quarter, quarter section description of the proposed amendment area is as follows: A parcel of land approximately 11 miles northwest of Greeley, Colorado and east of 35th Avenue containing 197.51 acres primarily in the: NYSW 1/4, NW'/aSE 1/4, SW'/aNE '/4, and the NEl/aNW'/a, in Section 36, Township 6 North, Range 66 West of the 6`h Principle Meridian, Weld County (concurrently being annexed to City of Greeley), Colorado. Latitude/Longitude of main entrance: 40°26' 42.83" N 104° 43' 15.85" W Proposed release of 35th Avenue right-of-way: Concurrent with, or shortly after this permit amendment, the 35th Avenue right-of-way portion of the existing 25th Avenue Site will be released. The description of the area to be released is: A tract of land being a portion of Section 36, Township 6 North, Range 66 West of the Sixth Principal Meridian, City of Greeley, County of Weld, State of Colorado being more particularly described as follows: Considering the West line of Northwest Quarter of Section 36 as bearing South 00°06'57" East, and with all bearing contained herein relative thereto: Commencing at the Northwest Corner of said Section 36; thence, South 00°06'57" West, 691.15 feet to the POINT OF BEGINNING, thence, South 89°53'03" East, 30.00 feet; thence, South 00°06'57" West, 1870.21 feet; thence, South 00°06'57" West, 50.00 feet; thence, South 00°00'49" West, 1009.12 feet; thence North 73°46'07" W a distance of 32.79 feet; thence, North 00°05'32" East, 931.15 feet; thence, North 00°06'57" East, 1989.08 feet to the POINT OF BEGINNING. Greeley 25th Avenue Site DRMS 112 Permit Amendment Application a Page I Description of proposed amended 25th Avenue Site: Upon approval of the amendment application and release of the 35th Avenue right-of-way, the description of the amended 25th Avenue Site will be: A tract of land being a portion of Section 36, Township 6 North, Range 66 West of the Sixth Principal Meridian, City of Greeley, County of Weld, State of Colorado being more particularly described as follows: Considering the West line of Northwest Quarter of Section 36 as bearing South 00°06'57" East, and with all bearing contained herein relative thereto: Commencing at the Northwest Corner of said Section 36; thence, South 00°06'57" West, 505.38 feet to the POINT OF BEGINNING; thence, South 89°47'14" East, 1271.30 feet; thence, North 00°32'17" West, 505.42 feet; thence, South 89°47'14" East, 1265.53 feet; thence, South 01°11'46" East, 657.84 feet; thence, North 89°49'16" East, 72.45 feet; thence, South 55°55'44" East, 150.01 feet; thence, North 84°04'16" East, 328.00 feet; thence, South 83°55'44" East, 213.00 feet; thence along a curve concave to the Southwest having a central angle of 39°04'09", a radius of 750.00 feet, an arc length of 511.41 feet and the chord of which bears South 64°23'40" East, 501.56 feet; thence, South 09°26'36" West, 99.42 feet; thence, South 08°17'16" West, 99.74 feet; thence, South 05°05'16" West, 134.96 feet; thence, South 00°25'14" East, 130.71 feet; thence, South 04°34'53" East, 125.68 feet; thence, South 06°23'04" East, 346.39 feet; thence, South 07°30'44" East, 377.84 feet; thence, South 05°51'14" East, 421.36 feet; thence, South 03°55'28" East, 798.24 feet; thence, South 89°40'45" West, 1282.12 feet; thence, South 01°11'46" East, 523.25 feet; thence, South 89°38'58" West, 1311.41 feet; thence, North 00°32'10" West, 23.51 feet; thence, North 73°46'01" West, 18.58 feet; thence, North 73°46'07" West, 1262.77 feet; thence, North 00°06'57" East, 13.90 feet; thence, North 89°53'03" West, 48.11 feet; thence, North 00°06'57" East, 50.00 feet; thence, South 89°53'03" East, 48.11 feet; thence, North 00°06'57" East, 959.12 feet; thence, North 89°53'03" West, 49.91 feet; thence, North 00°06'57" East, 50.00 feet; thence, South 89°53'03" East, 50.00 feet; thence, North 00°06'58" East, 101.92 feet; thence, North 00°06'57" East, 871.15 feet; thence, North 01°04'25" East, 897.27 feet; thence, North 89°53'03" West, 65.00 feet; thence, North 89°53'03" West, 30.00 feet; thence, North 00°06'57" East, 185.77 feet to the POINT OF BEGINNING. 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