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Home My WebLink About20110432.tiff ASHBAUGH PIT EXPANSION Conversion of 110c Reclamation Permit #2005-060 to 112c Permit February 2011 Prepared For Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 215 Denver, Colorado 80203 Land Owner Keith and Shirley Ashbaugh 39434 WCR 115 New Raymer, CO 80742 Operator Weld County Public Works Department 1111 H Street Post Office Box 758 Greeley, Colorado 80632-0758 1 ,�, i , 2011-0432 STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 1313 Sherman St.,Room 215 Denver,Colorado 80203 COLORADO DIVISION OF Phone:(303)866-3567 RECLAMATION FAX:(303)832-8106 CONSTRUCTION MATERIAL MINING Sc- REGULAR(112)OPERATION SAFETY RECLAMATION PERMIT APPLICATION PACKAGE APPLICABILITY: This application package is for a construction materials operation which affects 10 acres or more. If you plan to conduct a construction materials extraction operation which meets these criteria,please follow the instructions provided in this package, in the Rules and Regulations, and in the Colorado Land Reclamation Act for the Extraction of Construction Materials,as required. RECOMMENDATIONS PRIOR TO FILING: The Construction Material Rules and Regulations (the Colorado Land Reclamation Act for the Extraction of Construction Materials, Section 34-32.5-101, et seq., C.R.S., and 2 CCR 407-1) and the Colorado Mined Land Reclamation Board (the "Board")regulate the permitting,operational and reclamation requirements for all construction material extraction operations in Colorado. It is your obligation to comply with the Act and Regulations. You are encouraged to obtain and review a copy of the Rules, available for $8.00 from the Division of Reclamation, Mining, and Safety (the "Office"). In order to submit your application properly,it is recommended that you review the Act and: Rule 1.1 Definitions; Rule 1.4.1 Application Review and Consideration Process; Rule 1.4.5 Specific Requirements for Regular 112 Operations; Rule 1.6 Public Notice Procedures; Rule 3.1 Reclamation Performance Standards; Rule 3.3.1 Operating without a Permit-Penalty; Rule 4 Performance Warranties and Financial Warranties; Rule 6 Permit Application Exhibit Requirements; Rule 6.2 General Requirements of Exhibits; Rule 6.4 Specific Permit Application Exhibit Requirements; and Rule 6.5 Geotechnical Stability Exhibit. It is recommended that you contact the agencies listed in the application section titled"Compliance With Other Laws"prior to submitting the application to the Office. Office of Office of - ii- FILING REQUIREMENTS: In order to apply for a Reclamation Permit for a Regular 112 Operation, please provide: o One(1)signed and notarized completed ORIGINAL and one(1)copy of the completed original Regular 112 Operation Application Form. ORIGINAL SIGNATURES MUST BE DONE IN BLUE INK o Two(2)copies of Exhibits A-S (required sections described in Rule 6). o Two(2)copies of Addendum 1 -Notice requirements(described in Rule I.6.2(1)(b)).A sample of this notice is attached for your use. o The Geotechnical Stability Exhibit when required by the Division. o The application fee. The ninety(90)day period for review of the application and exhibits will NOT begin until all required information and fee are submitted. The Office will then review the submitted information for adequacy. NOTICE REQUIREMENTS: 1. You MUST send a notice,on a form approved by the Board,to the local board of county commissioners. A copy of this "Notice of Filing Application" form is attached for your use. 2. If the mining operation is within the boundaries of a conservation district, send a notice to the board of supervisors of the conservation district, PRIOR to filing the application. A copy of this "Notice of Filing Application" form is attached for your use. 3. You MUST include proof of notice #1 and #2 above with the application at the time the application is submitted to the Office for filing(Rule 1.6.2(1)(g)). 4. PRIOR to filing the application,place for public review a copy of the application,less confidential items,with the clerk or recorder of the county or counties in which the affected land is located. 5. You MUST include an affidavit or receipt demonstrating that the application was filed with the county clerk or recorder at the time the application is submitted to the Office for filing. 6. Any changes or additions made to an application submittal MUST be filed with the county clerk or recorder. You MUST also provide the Office with an affidavit or receipt demonstrating that the change was filed with the county clerk or recorder no later than the close of business on the day the change was filed with the Office (Rule 1.8.1(2)). 7. Within ten(10)days after your application is considered filed,you must publish four times in a newspaper of general circulation, in the locality of the proposed mining operation,the notice described in Rule 1.6.2(1)(d). 8. In addition, after the first publication you must mail or personally serve a copy of the notice described in Rule 1.6.2(1)(d)to all owners of record of surface rights to the affected land and all owners of record of lands that are within 200 feet of the boundary of the affected land (Rule 1.6.2(1)(e)). A copy of a form which includes all required information for the notice is attached for your use. - iii - 9. Prior to the Office making a decision(consideration of the application),you MUST submit a copy of the proof of publication from the newspaper and proof of all required notices. Proof of the notices may be by submitting copies of return receipts of a certified mailing or by proof of personal service (Rules 1.4.1(4), 1.4.2(4)(c), 1.6.2(1)(a)(ii), and 1.6.2(1)(g)). The copy of the application and any changes or additons placed at the office of the county clerk or recorder shall NOT be recorded, but shall be retained there for at least sixty (60) days after a decision on the application by the Office and be available for inspection during this period. At the end of this period,the application may be reclaimed by the applicant or destroyed (Rule 1.6.2(2)). APPLICATION REVIEW PROCEDURES: The Office shall approve or deny the application within ninety (90) days of filing unless the date for consideration by the Office is extended pursuant to Rule 1.8. The time for consideration shall not be extended beyond ninety(90)days after the last such change submitted. For complex applications,the review period may be extended an additional sixty(60)days. Please see Rule 1.1O0) for the definition of what constitutes a complex application. APPLICATION APPROVAL/DENIAL: If the requirements of the Act and Mineral Rules have been satisfied,the Office will approve the application. The Act also provides for automatic approval if no action is taken by the Office by the end of the review period. If the Act and Regulation requirements have not been satisfied,the Office will deny the application. If the Office denies the application,you may appeal to the Board for a final determination by submitting a written request for administrative appeal to the Board within 60 days of the decision date (Rule 1.4.7). PERFORMANCE AND FINANCIAL WARRANTIES: A performance warranty,and a financial warranty dollar amount determined during the application review process,must be submitted and approved by the Office PRIOR to permit issuance. A financial warranty should NOT be submitted until a decision on the application has been made. If the applicant is a unit of state or county government,then ONLY a performance warranty is required. Several different types of financial warranties are allowed by the law. Please review Rule 4.0 to determine which type of financial warranty you desire to use. You may obtain the appropriate warranty forms from the Office during the application review period. Please note that an application approval DOES NOT convey a right to begin operations. You MUST submit, and have approval of your performance and financial warranties, and receive your copy of the signed permit document PRIOR to beginning on-site mining activity. AUTOMATIC PERMIT APPROVAL: An automatic approval will occur where the Office fails to notify the applicant/operator that the application has been denied. This decision must be made ninety (90) calendar days from the date the application was determined to have been filed. However,the performance and financial warranties must be submitted and approved by the Office before the permit will be issued even if you receive an automatic approval. NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT IS ISSUED(Section 34-32.5-109(1), C.R.S.). - iv- COMPLIANCE WITH OTHER LAWS: Compliance with the Act and Rules and Regulations of the Mined Land Reclamation Board DOES NOT relieve you of your responsibility to comply with all other applicable state and federal laws. We recommend that you contact the following agencies to determine whether you need to comply with their legal requirements: o The Colorado State Historical Preservation Office regarding properties of historical significance including the need for an archeological survey, procedures for requesting a file search, and inventory forms to identify structures. o Colorado Division of Water Resources with regard to water rights; o Colorado Department of Health,Water Quality Control Division,with regard to the discharge of pollutants into the State waters; o Colorado Department of Health, Air Pollution Control Division, with regard to the need for a fugitive dust permit; o U.S. Bureau of Land Management or the U.S. Forest Service if the proposed operation will occur on federal lands; o U. S. Army Corps of Engineers regarding a dredge and fill (404) permit; and o The County Planning Department for the county or counties in which your proposed operation is located. Section 34-32.5-109(3),C.R.S,requires a mining operator to be responsible for assuring that the mining operation and the post-mining land use comply with local land use regulations and any master plan for extraction adopted pursuant to Section 34-1-304, C.R.S. COMPLETION OF MINING: Upon completion of any phase of reclamation,you should consult Rule 3.1 for reclamation standards and 4.16 for details on how to request a reclamation responsibility release from the Board. STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 1313 Sherman St.,Room 215 Denver,Colorado 80203 COLORADO Phone:1303)866-3567 CONSTRUCTION MATERIALS DIVISION OF RECLAMATION FAX:(303)832-8106 REGULAR(112)OPERATION MINING RECLAMATION PERMIT APPLICATION FORM SAFETY Bill Ritter,Ir. CHECK ONE: ❑ There is a File Number Already Assigned to this Operation Governor Harris D.Sherman Pe M - - (Please reference the file number currently assigned to this operatioa)ecutive Director New Application(Rule 1.4.5) iJ Amendment Application(Rule 1.10) Ronald W.Cattany Division Director I Conversion Application(Rule 1.11) Natural Resource Trustee Permit# M -2005_060 - (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 (1) 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 StabilityExhibit,and acheck 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. 1. Applicant/operator or company name(name to be used on permit): Weld County Public Works 1.1 Type of organization(corporation,partnership,etc.): County government 2. Operation name(pit,mine or site name): Ashbaugh Pit Expansion 3. Permitted acreage(new or existing site): 10 permitted acres 3.1 Change in acreage(+) 129.7 acres 3.2 Total acreage in Permit area 139.7 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: Gravel Sand Clay 5.1 Incidental commoditie(s)to be mined: 1. - lbs/Tons/yr 2. / lbs/Tons/vr 3. / lbs/Tons/yr 4. / lbs/Tons/yr 5. / lbs/Tons/yr 5.2 Anticipated end use of primary commoditie(s)to be mined: County road maintenance and construction 5.3 Anticipated end use of incidental commoditie(s)to be mined: 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: Keith & Shirley Ashbaugh If 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: Keith & Shirley Ashbaugh 8. Type of mining operation: Ili Surface Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN(check one): F-1. (Colorado) IT 10th (New Mexico) 12 Ute SECTION(write number): S 15 TOWNSHIP(write number and check direction): T 7 n North a South RANGE(write number and check direction): R 59 East In West QUARTER SECTION(check one): pi�l © SW QUARTER/QUARTER SECTION(check one): NE NW I SE n SW GENERAL DESCRIPTION:(the number of miles and direction from the nearest town and the approximate elevation): 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 min sec (2 decimal places) Longitude(W): deg min sec . (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449° Latitude(N) 40 57577 (5 decimal places) Longitude(W) -1O3 97394 (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 13 Zone Fasting 342946.84 Northing 1457700.07 -3 - 11. Correspondence Information: APPLICANT/OPERATOR (name,address,and phone of name to be used on permit) Contact's Name: David Baer Title: County Engineer Company Name: Weld County Public Works Street/P.O.Box: 1111 H Street P.O.Box: 758 City: Greeley State: Colorado Zip Code: 80525 Telephone Number: f 970 1. 304-6496 Fax Number: 970 - 304-6497 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Title: Company Name: Street/P.O. Box: P.O. Box: City: State: Zip Code: Telephone Number: f )- Fax Number: ( )- INSPECTION CONTACT Contact's Name: Jay McDonald Title: Mining Supervisor Company Name: Weld County Public Works Street/P.O.Box: 1111 H Street P.o.Box: 758 City: Greeley State: Colorado Zip Code: 80525 Telephone Number: f 970 )- 304-6496 Fax Number: ( 970 - 304-6497 CC: STATE OR FEDERAL LANDOWNER(if any) Agency: N/A Street: City: State: • Zip Code: Telephone Number: f )- CC: STATE OR FEDERAL LANDOWNER(if any) Agency: N/A Street: City: State: Zip Code: Telephone Number: f )- -4- 12. Primar future(Post-mining)land use(check onet: Cropland(CR) IT Pastureland(PL) FT General Agriculture(GA) il R• angeland(RL) fl Forestry(FR) Wildlife Habitat(WL) fllResidential(RS) j I Recreation(RC) Industrial/Commercial(IC) riD• eveloped Water Resources(WR) n Solid Waste Disposal(WD) 13. Primary present land use(check one : F1 C• ropland(CR) i� Pastureland(PL) General Agriculture(GA) 11 Rangeland(RL) Forestry(FR) Wildlife Habitat(WL) RResidential(RS) 11 Recreation(RC) 1:3Industrial/Commercial(IC) Developed Water Resources(WR) 14. Method of Minim: Briefly explain mining method(e.g.truck/shovel): Scraper, Dozer, or Loader to trucks 15. On Site Processing: 7 Crushing/Screening 13.1 Briefly explain mining method(e.g.truck/shovel): Scraper, Dozer, or Loader to conveyor or crusher List any designated chemicals or acid-producing materials to be used or stored within permit area: No chemicals to be used 16. Description of Amendment or Conversion: If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s). The existing Ashbaugh 110c operation has been mined out. The County and the Ashbaughs wish to expand the existing 10 acre site to the south and east along the same ridgeline. -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 1.6.2(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 1.6.2(1)(6) 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)(6)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. r 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; 1 B - 6- 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; A3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit P n boundary, substantial civil penalties,to you as permittee can result; 3 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; ^,�U 5. It is your responsibility to notify the Office of any changes in your address or phone number; 3 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. y)n 3 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. ;%3 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. 'DB 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. V7* 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. - 8- 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 34-32.5-115(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)(1), 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 l day of /L�{�/^aAii:1 , -ZO I ( . AC( GUI411 Rig 7/(1 �Q(/�1C-S If Corporation Attest(Seal) Applicantt/Operator r, Company Name Signed: ✓`AGV �C 4 Signed: Corporate Secretary or Equivalent r. Title: (,F} iiii // /44142-1 Town/City/County Clerk State of de / ov'A d e ) ) ss. County of t_A'C Iel ) The foregoing instrument was acknowledged before me this 7 11 day of Re 6, LLa af o?Gil by .e �av„r , as C-OuLnil Enreer2 ofl,-k' lc� Qoccn}7 rILIOc, l.Jor4 `, �q h to Y,l t, I• SHARON •'. Notary Public BENSON •' v'�`• ,•GS My Commission expires: �. •.. U��6F CO ems._ 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 proposed mining operation. The following is a sample of the Notice required for Rule 1.6.2(1)(6)that you may wish to use. NOTICE This site is the location of a proposed construction materials operation. (Name of the Applicant/Operator) weld county Perm worx: whose address and phone number is(Address and Phone Number of the Applicant/Operator) P.O. Box 758, Greeley, CO has applied for a Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the application may view the application at the(County Name) Weld County Clerk and Recorder's Office, (Clerk and Recorder's Office Address) 915 10th Street, Greeley, CO and should send comments prior to the end of the public comment period to the Division of Reclamation, Mining, and Safety, 1313 Sherman St, Room 215, Denver, Colorado 80203. Certification: l Jay McDonald , hereby certify that I posted a sign containing the above notice for the proposed permit area known as the (Name of Operation) Ashbaugh Pit Expansion on (Date Posted) c, 1j a - 7 -1, A RE DATE AN EXAMPLE PUBLIC NOTICE WHICH MEETS THE REQUIREMENTS OF THE STATUTES IS SHOWN BELOW. THE BLANKS WHICH REQUIRE DATES WILL NEED TO BE FILLED IN ACCORDING TO THE FOLLOWING INSTRUCTIONS. PLEASE READ CAREFULLY. PUBLICATION INSTRUCTIONS: Date of commencement and date of completion should represent the dates which you feel most accurately describe the life of the operation. For all Regular(112)types of operations,this notice must be published once a week for four(4)consecutive weeks,starting within ten (10) days of the date the application is considered to be submitted to the Division. The final date for receiving comments is the 20th day after the fourth publication or the next regular business day. All notices must be published in a newspaper of general circulation in the locality of the proposed mining operation and mailed to the landowners as set forth in the Colorado Mined Land Reclamation Rules and Regulations. Since the date for consideration of your application may change, DO NOT include it in this notice. For a complete discussion of the notice procedures and objections, please refer to C.R.S. 34-32.5-I 12O0), 114 and 115. ***** PUBLIC NOTICE (Operator Name) Weld County Public Works ; (Address and Phone Number) P.O.Box 758,Greeley,co(970)304-6496 has filed an application for a Regular(112)Construction Materials Operation Reclamation Permit with the Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. The proposed mine is known as the(Name of the Mine) Ashbaugh Pit Expansion ,and is located at or near Section 15 , Township 7 , Range 59 , Prime Meridian. The proposed date of commencement is June,2011 ,and the proposed date of completion is September 5 2021 . The proposed future use of the land is(Future Landuse) rangeland . Additional information and tentative decision date may be obtained from the Division of Reclamation,Mining,and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567, or at the(County Name) Weld County Clerk and Recorder's office; (Clerk and Recorder's Address) 915 10th Street,Greeley,co , or the above-named applicant. Comments must be in writing and must be received by the Division of Reclamation,Mining,and Safety by 4:00 p.m.on(Final Date for Comments) Please note that under the provisions of C.R.S. 34-32.5-101 et seq. Comments related to noise, truck traffic, hours of operation, visual impacts, effects on property values and other social or economic concerns are issues not subject to this Vice's jurisdiction. These subjects, and similar ones, are typically addressed by your local governments, rather than the Division of Reclamation, Mining, and Safety or the Mined Land Reclamation Board. M:\min\share\vsforms\07-07-0I vsfonns\Construction I I2 doc 07/24/2007) Exhibits List EXHIBIT A-Legal Description Property Owner: Keith and Shirley Ashbaugh EXHIBIT B - Index and Location Maps Regional Index and Location Map Local Index and Location Map EXHIBIT C -Pre-Mining and Mining Plan Maps 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 Statement of Compliance with Weld County zoning regulations. Use by Special Review(USR) permit—approved by the Weld County Board of County Commissioners, Permits from Colorado Department of Public Health and Environment(CDPHE) a. CDPHE—Water Quality Control Division(WQCD) for a storm water discharge permit and, b. Air Pollution Control Division (APCD)for air pollution emission notice (APEN) permit. M.\DAVE B\Ashbaugh\DBMS permit\AmendedApplication&Exhibits.doc 2/7/2011 EXHIBIT N—Source of Legal Right—To—Enter EXHIBIT 0—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 the Weld County Clerk and Recorder EXHIBIT S—Permanent Man-Made Structures EXHIBIT T. - Proof of mailing notices of permit application; ADDENDUM 1 —Notice Requirements: Letters of Notification have been sent to the National Resources Conservation Service(NRCS), Letters of Notification Colorado Department of Wildlife (DOW)and Letters of Notification to the Colorado State Historical Society M:\DAVE B\Ashbaugh\DRMS permit\\mendedApplication&Exhibits.doc 2/7/2011 EXHIBIT A - Legal Description A TRACT OF LAND LOCATED IN THE SOUTH EAST QUARTER OF SECTION 15, TOWNSHIP 7 NORTH,RANGE 59 WEST OF THE 6TH P.M.,WELD COUNTY,COLORADO,COMPRISING 383.93 (THREE HUNDERED AND EIGHTY THREE) ACRES MORE OR LESS. MINING AREA TO ENCOMPASS 139.7 (ONE HUNDRED AND THIRTY NINE ACRES). LAND OWNER: Keith and Shirley Ashbaugh 39434 WCR 115 New Raymer, CO 80742 THE PROPERTY CAN BE ACCESSED OFF THE EAST SIDE OF WELD COUNTY ROAD 115. THE ACCESS TO THE ASHBAUGH GRAVEL PIT IS LOCATED AT: 342946.84, 1457700.07, OR 40.57577 DEGREES NORTH, and -103.97394 DEGREES WEST. M:\DAVE B\Ashbaugh\DAMS permit\AmendedApplication&Exhibits doc 2/7/2011 EXHIBIT B - Index Map Index Maps Regional Index Map • t I- . . h • �, ... .• r+ �• _. �. • arc. J _ ♦.•. \• I •. • - ...L.. _ .1...dI - -4 - --- .. 1 1 • I. ,.r .+.. 1 w. _• I ..I -- PI I --. -1 '. .r ^ i: 1 t ': 3 't 4 '�'• — `. ^ ' . A. , �• ;`' Z Lti. • t T' y - _'. .... � �- • `1�- NEW RAYMER i. '111' it - ; Ashbaugh Pit Yom- ` �,1 i . --' .max .... _ e. '�I/'�:�' • _.( . �r !_. / —4 • - I , 1 a.. • 1 '3 • 1 • • - ,_ w�,{y]�i••y - ti I - •• .,1.44.4 I• 3 1 f 1 1 1 • 0 44 • I° Ili t. l — • �.-_ J "" I.1 l• %T-r-1- ./# GREELEY � 4 ` ''' '- -' , • • . , , • . •, 1 , ..i -4-:. - rtgr.....„...,...A .... .._ • • • _..._ �""�-" ....--• •:e - `j, Mme• 1� . . .. t t.` �. .�f '-i ce- , 'r — -•-r . . , . • .•t1 y1 *WI .. ..... +•• It v - ,• .1 , h + `"? , •- .� {\ mil' Z' z, tan VII - 1'. '6 �` t4-U •.at•.___S<•.. See below excerpted from Weld County GIS. M:\DAVE B\Ashbaugh\DRMS permit\AmendedApplication & Exhibits.doc 2/4/2011 1 : , ttar.. . . ....,,. ,,,,__,...., , , Local Index Map ii , i he \1/41, A 1 II L_____Hr i i k 1 r.-- , , , , , - - ! • - _ _ _ __ -_,.....„ -.% i . <- 2 MILES -> i Cy . .---„ . ' i . ten— V t� �.sr i a 4 ti I i iI I = TOWN of j RI IfKINC,HAM •-,,4° .II :pi:a TOWN of NEW 1 - RAYMPR , ' I II — . — STATE HIGHWAY 14 L el 1 � ---. t >11 • Ashbaugh Pit & - Expansion Area ____ J ,- • Titig.4. ,_ 1 ~ - l .t. _ _ .. r 1 f l i I I I 1 Ni 'MS . Sinillialil : wi. ) I. ; M:\DAVE B\Ashbaugh\DRMS permit\AmendedApplication & Exhibits.doc 2/4/2011 EXHIBIT C - Pre-Mining and Mining Plan Maps of Affected Lands See the enclosed Exhibit C map. M:\DAVE B\Ashbaugh\DRMS permit\AmendedApplication&Exhibits.doc 2/7/2011 Z as axe erzurfaa 0 ZISIHX3 TToz/z :5LINa ig Z CD < dYHI 3�LIS I'd HDI1VHHSV �-+ Q 0 � � 14Q = z a w w o I�IOIZNOIZdd� ZI �I3d Q � � x � � o ITT 0Z M0ISH3AN00 OTT w Z a o < o wow < EZ cg P4 Et; CID = oup o 1-4 c� Cn w [Cip + 5 12- rsr ; j' I lir"- 11 —1_-. — -- r+li t� f �r`I :0,t1:1 di./ i -te- • ,i r-"----1.1-1-,..... iff 1 rr i If ill g te .. - s . - - - �.r— -�.' ' ,• t PPP ...7.J. I • ) 4.1 I ra / ell ' ft I I - i - I II I . 7 „.11 71 fi. es ei )) '''N ! Cr. 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II\ i anwirrase-m-r:/i ri I 1.-.) t (01) ri § 41% —IN r .Pleriell I g.," / rdse '' 21.04 \k- 4 , . - : - ...............ek :11 - - PIS A 4 I 2 . -ll • . 771 7 / 1Ti :>, -- \----------- t ti t r t. all...„-- �� fly. a a .. _ :.. _� _ .��.� a=-�...`_ ...— s' : '—: L Itir—Ni 3 mi.: - ,.. — fly _ - 1 � in-in . • r ti))/ tiiiii ils r(4 II,:a. tr:c 4 li '' fir" , Li r — _, 1 EXHIBIT D - Mining Plan a) Mining Schedule It is anticipated that sand and gravel excavation, processing (rock crushing and screening), and stockpiling at the Ashbaugh Expansion site will commence upon receipt of approval from the Colorado Division of Mining and Geology and receipt of other necessary permits. Gravel excavation and processing will be seasonal with stockpiling of gravel for later County uses depending upon the local road repair and construction needs. Generally,the County excavates, crushes,and stockpiles road base materials during each winter on an annual basis for the following summer construction and road maintenance season. Excavation and stockpiling volumes are anticipated to be approximately 100,000 tons or less per year. The Ashbaugh Expansion site likely has only 5 to 7 years of gravel and sand reserves. b) Topsoil thicknesses at the Ashbaugh Expansion site are thin,typically less than 6(six)inches. Topsoil will be stockpiled at the location shown on the mine plan map(see Exhibit C). c) The gravel deposits proposed to be mined are stream channel deposits associated with the lower Ogallala Formation found on ridges in the area at the Ashbaugh Expansion site. The gravel deposits are ridge-forming therefore, the thickness of overburden to be removed during gravel extraction is expected to be minimal. Minimal stockpiling of overburden is anticipated. Mined soils unsuitable for construction use will be separated from the mined gravels and may be stockpiled at the site. These soil stockpiles will be utilized for excavation backfill and site reclamation. d) The estimated thickness of gravel-bearing zones varies from between 0 and 25 feet thick at the Ashbaugh Expansion site. No high wall mining is anticipated. e) The enclosed Site Map(Exhibit C)and Mining Plan map(Exhibit D)shows the existing location of the haul road for the old pit. Gravel processing(crusher location), soil and gravel product stockpile areas will be created when the ridge areas are leveled during excavation. f) The dimensions of any significant disturbances are shown on the Mining Plan map as `limit of gravel mining area' and the gravel processing and soil stockpiling areas(see Exhibit D). g) Weld County Road 115 extends north-south along the east edge of the Ashbaugh Expansion site(see Exhibits C and D). The gravel excavation, processing and stockpiling areas will be accessed from that county road. h) There are no irrigation structures or surface water impoundments existing or planned at the Ashbaugh site. Water needs for gravel mining and processing operations are expected to minimal; water for dust control can be obtained and hauled from existing County-owned wells. Water used in mining and crushing operations and for dust control is estimated to not exceed approximately 4000 gallons per month during those operations. i) The existing 'old' Ashbaugh gravel pit, located immediately west and adjacent to the Ashbaugh Expansion site does not intersect groundwater; it is anticipated that no groundwater will be encountered at the Ashbaugh Expansion site. When the existing pit does intercept surface water runoff;that runoff eventually infiltrates to the ground water table. The Ashbaugh Expansion site does not lie in a Designated Ground Water basin(per Colorado Division of Water Resources, Office of the State Engineer). M/DAVE B\Ashbaugh\DRMS permit\AmendedApplication&Exhibits.doc 2/7/2011 j) It is anticipated that sand and gravel excavation,crushing,and stockpiling at the Ashbaugh Expansion site will not disturb surface water or ground water quality. Erosion control measures(Best Management Practices)will be installed along the perimeter of disturbed areas and at the south margin of the site to protect the adjacent area from mined area runoff and sediment. k) Any onsite generated trash will be collected in an on-site dumpster and disposed at the County landfill. No chemicals are anticipated to be utilized at the site. I) Best Management Practices,including berms,silt fencing,and straw bales erosion control measures will be installed along the perimeter of the Ashbaugh Expansion site to prevent release of mined area runoff and sediment. Open excavations are not anticipated to be over 40 feet deep,MSHA approved open excavation and fall protection safety measures including fencing and berms will be installed as needed. During and following mining, side slopes to the pit will be graded to 3H:1 V or flatter and re-vegetated for stability. m) On-site rock crusher machinery will be installed in the "gravel processing" location shown on the enclosed Mining Plan map (Exhibit D) during intermittent crushing operations. It is anticipated that the crusher and other equipment will be re-located to other County-operated gravel processing sites for the majority of any year. n) No secondary commodities are anticipated to be extracted or produced at the Ashbaugh Expansion site. No asphalt plant or concrete batch plant is planned for the Ashbaugh Expansion site. o) Gravel and sand extracted from the Ashbaugh Expansion site will be utilized by Weld County Public Works Department for repair and maintenance of local County roads and other County construction projects. Soils and mined materials unsuitable for road construction may be stockpiled at the site. These soil stockpiles may be utilized for excavation backfill and site reclamation on County-operated projects. This is a County-operated gravel pit; no commercial gravel and sand sales will occur. M.ADAVE B\AshbaughVDRMS permitAAmendedApplication&Exhibits.doe 2/7/2011 Z as :AR manta Q ILI SIHXa nov. :ana Ho 4 NVId ONINIT1I z Dal Q o !Id HDf1VSHSV NE., z = = Zaw LwCI o I�IOIZVOI'IddV ZIy1I2Iad '-' x w a oa T T OZ N0ISHaANI00 ° O TT T Q7) xa � o w4 � E-4a., 0c) � otn 44 I-4 cg cif El 0 z = (w) ce 1-4 Emml Cn w Cn • . .► et sn a lair 9 Par r+llle-- ar .mot _a : - 1 , .M S ' 4 ) . • • ' t1. . o • vmak NM W iiW d � F ) I Z W Wis, m W W Z � h li Z W = C Z = O • V Er. W yd� • m g d' = Nc " • r Ilk .1 rad yz O J a � La H W - ZW 9 , IIIW � 3 a a F- O d � �. I. I O 7 / er ,i1 . , , Y . -el' _'•- . ' WS- I "r(11 ' ,.s. .: l a, 7 4 ii: .0v / to •or --- 1 ., \ l TFI O N Q O -. • 0 � 0 �. ' a W mN 'NC\16.\..../.1 A......3. 4 { Nm Ucilli ii•il*. ad O %Is: e I4-. it. eeirjl t,.; I'' li) i W as`� 1 ?QQ^ eas W a' - d �f ~ N I 1 .621_ e.....././E 3 Ili ?rid- .r �......_.. O 1• \ . • W e r , N , ZO.1 1 (#it a t 1 ,-7--.1 "—SIL\1)-1 f: ,_ . '• / _ ,._ N . p:Ths N i1/4 ...7 � W , cc ,_ • i . ) I) , iriS i,. 2 .. .. . , . ,. .... . 1_ .: \ ` .„. 4 1 , . . , �� .. cc : / 4,, 1 0 1 1)11Es. .Iti 1 4 ,4 .. , . _ .• co re _, i 7 h. , s YI 1 _ . . ../.- , .iteo)1,\\\)/1fir(d(,(/ '7:0 : dam .,1; ijos :: r . 1 i . - , _. ,,. 1 , s .1 tig f ti , .. . i \ ;Iii. ...0... .. .0 \ 19 i:(1( ;Pi I --1:4. ' Z ( y `k' 31.4" r • .a\LI. '1 tr'H. - r 5( - z .-' - .w L 4. Ma- 7; f / rir. ..__ boor * is CC i -, - _ • r . __ _,---- ‘ \! W 0 p 44 EXHIBIT E - Reclamation Plan a) Site stabilization and reclamation will be sequential as mined areas are completed and revegetated. Sand and gravel excavation,crushing,and stockpiling at the Ashbaugh Expansion site will commence upon receipt of approval from the Colorado Division of Minerals and Geology. Rock excavation and crushing will be seasonal with stockpiling of gravel for later uses depending upon the local road repair and construction needs. Topsoil stockpiled at the site will be utilized for reclamation following cessation of gravel excavation/mining. See Exhibit F. b) Reclaimed slopes will be graded at a maximum of three to one(3:1)horizontal to vertical. c) Reclaimed areas will be stabilized by: i) Concurrent regrading on areas of the site where excavation has been completed. ii) Replacement of topsoil in thicknesses equal to or exceeding the original topsoil depths found at the site. iii) Soil amendments, seed mix, and application rate to be determined in accordance with NRCS guidelines and Weld County Weed Control requirements. iv) Local conditions at the Ashbaugh Expansion site dictate a drought-tolerant native species seed mix appropriate for non-irrigated pasture. iv) Seed mix and application rate to be determined in accordance with NRCS guidelines and Weld County Weed Control requirements. v) Depending on ambient conditions, the seed application method may be hand broadcast, hydroseeder, or drill and crimp. vi) Per NRCS guidance, permanent seed cover will be placed in November on final graded areas. vii) Mulch application may be concurrent with seeding (hydroseeding or drill and crimp). Mulch may include straw and tackifier. d) The reclaimed Ashbaugh Expansion site is not anticipated to encounter groundwater or surface water and will have no ponds. The mining area access road may be left as-is following cessation of mining for use by the property owner,the Ashbaughs. e) Reconnaissance of the Ashbaugh Expansion site indicates that the thickness of overburden to be removed during gravel extraction is minimal. Therefore stockpiling of overburden piles is not anticipated. Soils and waste rock unsuitable for construction materials will be separated from the gravels and may be stockpiled at the site. These soil stockpiles will be utilized for excavation backfill and site reclamation. fl Reclamation, backfill, and seeding estimated costs: Under$30,000. M:\DAVE B\Ashbaugh\DRMS permil\AmendedApplication&Exhibits.doc 2/7/2011 EXHIBIT F - Reclamation Plan Map Reclamation map See the attached mine reclamation map (Exhibit F) showing the proposed final re-grading of all disturbed areas. The reclamation final grading will restore the area to grazing rangeland. It is anticipated that no stormwater ponds will be constructed or remain on site; any runoff entering the pit area will infiltrate the base of the pit. It is anticipated that the average thickness of overburden is minimal,however,overburden and excavated soil materials unsuitable for road construction will be used to backfill excavated areas and for re-grading the site to stable slopes. Stockpiled topsoil will be placed on re-graded areas prior to seeding with approved native grass seed mixes. M:DAVE BWshbaugh\DRMS permit\AmendedApplication&Exhibits.doc 2/7/2011 x as =fig mina Li ZIHIHXa TToa/a ra H z &IN Wild MOI LVW ID H `-' CI o Ed HDf1VHHSV a r- Es wA z a W o NOIZYOI'IddY Jaiwaad A x w ° T T OZ NOISWAAMOD 30T T 44 Z Ea4 00 44 E4 w oimmzrio cn p4 to fg 44 W Un "'. ; arm /7 / v le litt r • . • s • I1 W Occ Li wc O. . . 0 p IA < ) . z W d O L; , i I I sem _ w = O W m W I; ;a- � Z p Z Z • Wile ': I.j1(91O1 i i = < h 1!w r W CL 4C WCL : WW7 •cc se- R1 ic 10 rieri)s---) ii• \\.___ m v r, ...... _ ., ...... 'INK t 1• �� Wz . 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A.-_......4- II= a YR / IIOil s lat 4'i III EXHIBIT G - Water Information Water Resources There are no FEMA-designated floodplains or floodways on the Ashbaugh Expansion property proposed for mining activities. There are no watercourses on the portions of the Ashbaugh Expansion property proposed for mining activities. There are no existing or planned surface water impoundments at the Ashbaugh Expansion site. Water needs for gravel mining and processing operations are expected to minimal; water for dust control can be obtained and hauled from County-owned wells at other gravel pits. There are no irrigation structures on the Ashbaugh Expansion property. M\DAVE B\Ashbaugh\DRMS permitWmendedApplication&Exhibits doc 2/7/2011 EXHIBIT H—Wildlife Information Wildlife The Ashbaugh site is currently dry, rangeland used for cattle grazing. No trees are present to offer roost or nesting sites for birds. No prairie dog holes were found at the site. Vegetative cover and forage for deer or antelope is sparse due to the natural, year-round dry conditions. M:DAVE R'Ashbaugh\DRMS permit\AmcndedApplication&Exhibits.doc 2/7/2011 EXHIBIT I—Soils Information Soil Description Soils at the Ashbaugh Expansion site are described on Sheet 41 of 43 in the Soil Survey of Weld County, Colorado— Northern Part published in 1981 by the Soil Conservation Service. Soils at the Ashbaugh Expansion site include Cascajo gravelly sandy loam(unit 20). These soils are excessively drained with moderate wind and water erosion potential. Sandstone and siltstone layers in the Cascajo areas form erosion-resistant ridges; rock outcrops are also common. The Cascajo soils are suitable for rangeland pasture where livestock are managed to prevent overgrazing. The Ashbaugh Expansion site also contains Olney fine sandy loam (units 44 and 45). Olney fine candy loams are well drained; the surface is typically a brown fine sandy loam overlying a sand clay loam subsoil that is sometimes calcareous. Wind and water erosion potential is moderate. The Olney soils are suitable for non-irrigated rangeland pasture where livestock are managed to prevent overgrazing. Olney soils are also suitable for non-irrigated winter wheat The 1981 soil survey also identifies the areas of Cascajo gravelly sandy loam as a probable good source of roadfill material; but suggests that sand and gravel deposits may not be as valueable die to excessive fines. Weld County's experience at the original Ashbaugh 110c gravel pit is that the materials expected to be found at the adjacent Ashbaugh Expansion site will be quite suitable as a source of gravel road replenishment materials. Top soil at the Ashbaugh Expansion site is sparse and very thin,typically less than 6 inches thick. M.\DAVE B\AshbaugiADRMS penniMmendedApplicalion&Exhibits.doc 2/7/2011 EXHIBIT J—Vegetation Information Vegetation Description The Ashbaugh Expansion site is dry, rangeland used for cattle grazing. Vegetation is limited to drought tolerate native grasses and cacti. The site planned for gravel excavation and processing has not been irrigated. No trees are present on the Ashbaugh site. MADAVE B\Ashbaugh\DRMS permit\.AmendedApplication&Exhibits.doc 2/7/2011 EXHIBIT K—Climate Information Climate Description The climate at the Ashbaugh Expansion site is classified as semi-arid. Summers are characterized by with daily high temperatures of over 90 degrees Fahrenheit dropping to 50 degrees Fahrenheit at night. Winters are characterized by daytime temperatures near the freezing point,nighttime temperatures are typically 10 to 20 degrees Fahrenheit. Annual precipitation is approximately 12 to 14 inches, with summer precipitation coining from localized convection cell thunderstorms. Winter precipitation comes in the form of snow and rain. M:\DAVE B\Ashbaugh\DRMS permit\AmendedApphcation&Exhibits.doc 2/72011 EXHIBIT L —Reclamation Costs Reclamation Costs: See the attached mine reclamation map (Exhibit F) showing the proposed gradient of all disturbed slopes and the location of revegetation areas. It is anticipated that no ponds will be constructed or remain on site; however the reclaimed pit will infrequently intercept surface runoff which may pond for short periods of time before infiltrating to the ground water table. It is anticipated that the average thickness of overburden is minimal, however, overburden and excavated soil materials unsuitable for road construction will be use to backfill excavated areas and for site re-grading to stable slopes. Stockpiled topsoil will be placed on re-graded areas prior to re-seeding with approved plant type seed mixes. Final site reclamation costs include the cost of native dry land grass seed and mulch application. The mining plan includes concurrent regrading of mined areas. It is anticipated that final grading and placement of topsoils from on-site stockpiles followed by re-seeding will cost less than $30,000. M:ADAVE BV Ashbaugh VDRMS pennitAAmendedApplication&Exhibils.doc 2/7/2011 EXHIBIT M— Other Permits and Licenses List of Other Permits: 2. The proposed Ashbaugh Expansion Pit Gravel Pit operation will comply with Weld County zoning regulations. a. Use by Special Review(USR) permit—approved by the Weld County Board of County Commissioners, 3. Permits have also been applied for from the Colorado Department of Public Health and Environment(CDPHE) a. CDPHE—Water Quality Control Division(WQCD) for a storm water discharge permit and, b. Air Pollution Control Division(APCD)for air pollution emission notice(APEN)permit for the crusher operation. Letters of Notification have been sent to the National Resources Conservation Service (NRCS), Colorado Department of Wildlife(DOW)and the Colorado State Historical Society. M:ADAVE BV Ashbaugh/DRMS permit/AmcndcdApplication&Exhibits.doc 2/7/2011 EXHIBIT N—Source of Legal Right—To - Enter Please see the attached Right to Enter form. Please also see Agreement to Purchase Gravel. The Ashbaugh property is owned by Keith and Shirley Ashbaugh, 39434 WCR 115, New Raymer, CO 80742 M:\DAVE MAshhaugh\DRMS pcmiit\AmendedApplication&Exhibits.doc 2/7/2011 EXHIBIT N Source of Legal Right to Enter By Owner of Affected Land and Substance to be Mined: Keith and Shirley Ashbaugh 39434 WCR 115 New Raymer, CO 80742 • Mr. Carl B. Mount Department of Natural Resources Division of Mining_R_eclamation and Safety 1313 Sherman Street Room 215 Denver, CO 80203 Re: AshbanountvPublic Works Conversion of a 110c ermit to Construction Material Re ular 12c O eration Reclamation Permit Application (File #M-2005-060) Mr. Mount: Please accept this letter as evidence that the applicant, Weld County Department of Public Works, subject to the terms of our contract, has permission to enter, initiate,and expand a currently permitted sand and gravel mining operation on the affected lands. By signing this letter, we warrant that we have the legal and sole ownership of the affected lands and substance to be mined, and authority to offer this permission. XJ ' 1,.�s �' ` 2 - 3 - /I Q-4;ati L . ��'�a<< � Z - ,3- /I Keith Ashbaugh Date Shirley 4'shbaugh 71-144% y STATE OF: e�,� o-�� o ) 1• SHARON BENSON COUNTY OF: Weld ) 4 The foregoing instrument was acknowledged before me this d of rem 201 I, by: /-v rit,1/ m bp a L� My commission expires: Spa Notary Public: M:/DaveB/Ashbaugh/RightToEnter doc EXHIBIT O—Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined The land owners of the Ashbaugh Expansion site are: Keith and Shirley Ashbaugh The owners of the sand and gravel under the Ashbaugh Expansion site are: Keith and Shirley Ashbaugh Please also see attached Agreement to Purchase Gravel. M:\DAVE B\Ashhaugh\DRMS permit\AmendedApplication&Exhibits.doc 2/7/2011 RESOLUTION RE: APPROVE AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD PURPOSES AND AUTHORIZE CHAIR TO SIGN - KEITH AND SHIRLEY ASHBAUGH WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board has been presented with an Agreement for the Use of Soil and/or Gravel for Road Purposes between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,on behalf of the Department of Public Works,and Keith and Shirley Ashbaugh, 39434 Weld County Road 115, New Raymer, Colorado 80742,with terms and conditions being as stated in said agreement, and WHEREAS,after review,the Board deems it advisable to approve said agreement,a copy of which is attached hereto and incorporated herein by reference. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the Agreement for the Use of Soil and/or Gravel for Road Purposes between the County of Weld,State of Colorado,by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Keith and Shirley Ashbaugh be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is,authorized to sign said agreement. The above and foregoing Resolution was,on motion duly made and seconded,adopted by " g vote on the 9th day of March, A.D., 2005. ,* 4 VAT- � q BOARD OF COUNTY COMMISSIONERS '.'f ; .`: � ��t � / ,� aWELD COUNTY, COLORADO .. William H. ke, Chair Welds:e� Clerk to the Board BY: M. /L� / 44_,) M. eile, •r - em Deputy Cler to t Board Davi• E. Lo APP AS TO • \\' >1 Robe D. Masden � oun y�Attom EXCUSED Glenn Vaad Date of signature: e- 2005-0793 EG0052 AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD PURPOSES THIS AGREEMENT,made and entered into this day of 200_, by and between Weld County,Colorado, by and through the Board of County Commissioners of the County of Weld, Colorado, hereinafter referred to as "COUNTY," and Keith and Shirley Ashbaugh, hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, COUNTY is in need of soil and/or gravel for the construction of county roads, and WHEREAS, OWNER owns certain land on which there is soil and sand or gravel suitable for use in construction of county roads and which OWNER desires to have removed therefrom, and WHEREAS,both parties believe that mining will not expose any groundwater to evaporation, and WHEREAS, the parties hereto now desire to enter into this Agreement to meet their individual and mutual needs. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. GRANT OF RIGHT OF ACCESS TO OWNER'S PROPERTY FOR THE EXTRACTION OF SOIL AND\OR GRAVEL THEREFROM: Owner hereby grants to County the right to enter and have access onto the following described property situated in Weld County, Colorado, for the purpose of extracting soil and\or gravel therefrom for use on County's roads generally located in part of§ 15, T7N, R59W of the 6th P.M., Weld County, Colorado, known as the Ashbaugh Pit (hereinafter referred to generally as the"Property."),In the course of said extraction, COUNTY agrees to use its best efforts to keep the banks of the soil and\or gravel extraction pit sloped to prevent Owner's cattle from falling over the banks. Additionally, COUNTY agrees to use its best efforts to reduce the disturbance of any more pasture land than is necessary in order to accomplish the extraction contemplated by this Agreement. The term"extraction" as used in this Agreement shall include the removal of soil and sand or gravel from the Property. separate soil pit run only? 2. ROYALTY FOR SOIL AND\OR GRAVEL EXTRACTED: COUNTY agrees to pay OWNER a royalty of.$ .75 (seventy five cents) escalate who pays severance per ton for all soil and sand or gravel extracted and removed from the property by County during the term of this Agreement. Such royalty is to be paid by the end of the month in which the material is removed. 1 2005-0793 3. ACCESS: OWNER agrees to provide land for a haul road and direct access to the work area. COUNTY agrees to construct and maintain said haul road in good condition and to restore said haul road at the termination of this Agreement if requested by OWNER. 4. OWNER'S RIGHT TO USE STOCKPILED SOIL AND\OR GRAVEL: Owner may take up to 100 cubic yards per calendar year commencing January 1, 2005 of any soil and sand or gravel stockpiled by the County on the premises for use on his driveways or yards. Owner agrees that prior to taking said soil and sand or gravel he shall consult with County to determine from which stockpile the soil and sand or gravel may be taken. 5. BOOKS AND RECORDS: County agrees to keep accurate records of all soil and\or gravel removed from said described lands and shall,at all reasonable times, make said records available to Owner for his inspection. 6. PERMITS - COUNTY shall be responsible for obtaining all necessary State, COUNTY, and Federal permits. Including the cost of any necessary surveying for the mining operation on the subject premises at its own expense which permits will not include asphalt or concrete batch plants. COUNTY shall consult with OWNER during the permitting process and to exercise reasonable diligence in obtaining all necessary permits in a timely fashion. The operation on the premises by COUNTY shall be conducted in compliance with those permits as maybe determined by the agency legally responsible for enforcing those permits. OWNER agrees to cooperate with Weld COUNTY and to execute any necessary documents to assist Weld COUNTY in obtaining the necessary permits and not to interfere with any work required as a result of said permits . County will be responsible for any of the construction, improvements and ongoing operations necessary to comply with an approved permit. 7. NOTICES: Any notice of termination or other demand by Owner or County shall be made in writing and forwarded by certified mail to the following address: OWNER: COUNTY: Keith and Shirley Ashbaugh 39434 WCR 115 Weld County Public Works New Raymer, Co 80742 P.O. Box 758 Greeley, CO 80632 8. TERM: The term of this Agreement shall be from the date of execution to and until ten years later, and shall renew automatically for additional one year periods thereafter, unless sooner terminated in writing by either party. Said notice of termination must be received at least thirty(30)days prior to the stated date of termination. 9. NON-ASSIGNMENT: This Agreement shall not be assignable without prior written consent of County or Owner; whichever is the non-assigning party. 2 10. MODIFICATIONS AND BREACH: This Agreement contains the entire agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modifications, amendment, novation, renewal, or other alteration of or to this Agreement shall be deemed valid or any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term,provision,or clause of this Agreement shall be deemed waived or excused,unless such waiver or consent shall be in writing or signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether expressed or implied, shall not constitute a consent to, waiver of,or excuse for any other different or subsequent breach. 11. SEVERABILITY: If any terms or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such a provision to the extent this Agreement is then capable of execution within the original intent of the parties hereto. 12. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement,shall be strictly reserved to the undersigned parties,and nothing contained in this Agreement shall give or allow any claim or right of actions whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of , 20 OWNER: `2:2.44 lr'�� STATE OF COLORADO ) ss COUNTY OF Weld COUNTY The forgoing instrument was acknowledged before me this A'day of /21a/t p,( ,200,5,by Keith Ashbaugh and Shirley Ashbaugh. Witness my hand and oIV2t eal. '•j•BE" /in-4/1,1I . 'O NOTARY .P Notary Pub c ICeOFCOI •. i n expires: My Commission Expires April 102008 A ' 1861 - Q. .... ._.. /A�� i f/ 41 OS • COUNTY: O o Clerk to the Board o /?' l/ By:r' C�/�j / By: N rc Deputy Clerk t the Board wi t t i am H Terke Chairman,03/09/200` Board of County Commissioners of the County of Weld, State of Colorado APPRO TO Bit . arker W County Attorney m:\Wpfiles\AGREETUBWORKS\ashbaughfinal.wpd &icy- 6,723 EXHIBIT P—Municipalities Within Two Miles Municipalities Within Two Miles The proposed Ashbaugh Expansion site lies in unincorporated Weld County. There are no municipalities within a 2 mile radius of the proposed Ashbaugh Expansion gravel mine site. The Town of Raymer is approximately 7 miles to the northeast. The adjacent WCR 115 gravel road is maintained by Weld County. M.\DAVE B\Ashbaugh\DRMS permit\AmendcdApplication&Exhibits.doc 2/7/2011 EXHIBIT Q —Proof of Mailing of Notices to County Commissioners and Conservation District Please see the attached. M_\DAVE B\Ashbaugh\DAMS permit\AtnendedApplication&Exhibits.doc 2/7/2011 1 8 6 1 - 2 0 I I PUBLIC WORKS DEPARTMENT 1111 L STREET, P.O. BOX 758 GREELEY, COLORADO 80632 (* `� WEBSITE: WWW.CO.WELD.CO.US W E L ' O N T Y PHONE (970) 356-4000, EXT. 3750 FAX: (970) 304-6497 February 4, 2011 Weld County`Clerk to the I3oard P.O. Box 758 915 10th Street Greeley, CO 80632 Re: Weld County Public Works' Ashbaugh Gravel Pit Expansion and Amended USR-1539 Dear Ms. Gesick: Weld County Public Works requests your assistance in meeting the requirements of the Colorado Division of Mining Reclamation and Safety by placing for public review the attached mining permit application, pursuant to Subparagraph 1.6.2(1)(c). The proposed gravel pit expansion is to be located on private property in Section 15, Township 7 North, Rrange 59 West, approximately 5 miles southeast of Raymer. The Division requires proof of filing for public review; please have someone sign receipt of this set of documents and return a copy of this letter to me via County internal mail. Please contact me if you have any questions. Thank you very much for your assistance in this matter, David Bauer, P.E. County Engineer- Development Received by: oe7 c 2 a X-2O// Name Date Enclosures M:\DAVE B Ashbaugh\DRMS permit\Transminal Ashbaugh Expansion does to Weld Clerk to BOCC doe NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR(112) CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS Weld COUNTY Weld County Public Works (the "Applicant/Operator") has applied for a Regular(112)reclamation permit from the Colorado Mined Land Reclamation Board(the"Board")to conduct the extraction of construction materials operations in Weld County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Reclamation,Mining,and Safety (the "Division")and the local county clerk and recorder. The applicant/operator proposes to reclaim the affected land to rangeland use. Pursuant to Section 34-32.5-116(4)(m),C.R.S.,the Board may confer with the local Board of County Commissioners before approving of the post-mining land use. Accordingly,the Board would appreciate your comments on the proposed operation. Please note that,in order to preserve your right to a hearing before the Board on this application,you must submit written comments on the application within twenty(20)days of the date of last publication of notice pursuant to Section 34-32.5-112(10), C.R.S. If you would like to discuss the proposed post-mining land use,or any other issue regarding this application,please contact the Division of Reclamation,Mining, and Safety, 1313 Sherman Street, Room 215,Denver, Colorado 80203,(303) 866-3567. NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of a change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate description of the change. • I861 - 2011 PUBLIC WORKS DEPARTMENT 1111 H STREET, P.O. BOX 758 .' ��/► GREELEY, COLORADO 80632 WEBSITE: www.co.weld.co.us W E L EL-C 0 N T Y PHONE (970) 356-4000, EXT. 3750 FAX: (970) 304-6497 February 7, 2011 Ms. Joyce Wallace, District Manager West Greeley Conservation District 4302 West 9th Street Road Greeley, CO 80634 RE: Notification of Intent to Mine—Ashbaugh Expansion Sand and Gravel pit Dear Ms. Wallace: This letter is to notify you of Weld County's intent to apply to the Colorado Division of Mining Reclamation and Safety for a sand gravel mining permit to expand the existing Ashbaugh sand and gravel pit. The Ashbaugh Expansion site is approximately 7 miles southeast of the Town of Raymer, approximately 3 miles south of State Highway 14. The proposed Ashbaugh Expansion site lies in unincorporated Weld County in the southwest quarter of Section 15,T7N, R59W of the 6th P.M, Weld County, Colorado. Attached is the DRMS-accepted notice form. The Ashbaugh Expansion area encompasses approximately 384-acres overall,the sand and gravel operation may only disturb 20 to 40 acres at a time. The property is owned by Keith and Shirley Ashbaugh,address: 39434 WCR 115 New Raymer, CO 80742. The pit will be County operated, with material excavation and processing performed by County crews or contractors on an as-needed basis. If you have any questions or need additional information, please feel free to contact me at(970)304-6496, extension 3739. Please acknowledge this notification and return this letter in the enclosed envelope. Thank you, /— h David Bauer, P.E., CFM County Engineer- Development Notification Acknowledged: Name &Title Date M.\DAVE BWshbaugh\DRMS permit\SCS Notice-2.doc NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR(112) CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF SUPERVISORS OF THE LOCAL CONSERVATION DISTRICT West Greeley Conservation DISTRICT Weld County Public Works (the"Applicant/Operator")has applied for a Regular(112)reclamation permit from the Colorado Mined Land Reclamation Board(the"Board")to conduct the extraction of construction materials operations in Weld County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Reclamation,Mining,and Safety(the "Division")and the local county clerk and recorder. The applicant/operator proposes to reclaim the affected land to rangeland use. Pursuant to Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Conservation Districts before approving of the post-mining land use. Accordingly,the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application,you must submit written comments on the application within twenty(20) days of the date of last publication of notice pursuant to Section 34-32.5-112(10), C.R.S. If you would like to discuss the proposed post-mining land use,or any other issue regarding this application,please contact the Division of Reclamation,Mining,and Safety, 1313 Sherman Street,Room 215, Denver,Colorado 80203, (303) 866-3567. NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of a change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate description of the change. EXHIBIT R—Proof of Filing with the Weld County Clerk and Recorder Please see the attached. M.\DAVE O\Ashbaugh\DRMS permitVAmendedApplication&Exhibits doc 2/7/2011 18 6 l - 2 0 I I PUBLIC WORKS DEPARTMENT 1111 H STREET, P.O. BOX 758 GREELEY, COLORADO 80632 `I WEBSITE: WWW.CO.WELD.CO.US W E L c ' O N T Y PHONE (970) 356-4000, EXT. 3750 FAX: (970) 304-6497 February 4, 2011 Weld County Clerk&Recorder P.O. Box 758 1402 North 17th Avenue Greeley, CO 80632 Re: Weld County Public Works' Ashbaugh Gravel Pit Expansion and Amended USR-1539 Dear Mr.Moreno: Weld County Public Works requests you assist us in meeting the requirements of the Colorado Division of Mining Reclamation and Safety by placing for public review the attached mining permit application,pursuant to Subparagraph 1.6.2(1)(c). The proposed gravel pit expansion is to be located on private property in Section 15, Township 7 North, Rrange 59 West, approximately 5 miles southeast of Raymer. The Division requires proof of filing for public review; please have someone sign receipt of this set of documents and return a copy of this letter to me via County internal mail. Please contact me if you have any questions. Thank you very much for your assistance in this matter, David Bauer, P.E. County Engineer- Development Received by: Name Date Enclosures M:\DAVE B\Ashbaugh\DRMS permit\Transmfnal Ashbaugh Expansion does to Weld Clerk.doc EXHIBIT R PUBLIC WORKS DEPARTMENT 1111 H STREET, P.O. BOX 758 GREELEY, COLORADO 80632 WEBSITE: WWW.CO.WELD.CO.US PHONE (970) 356-4000, EXT. 3750 FAX: (970) 304-6497 STATE OF COLORADO ) ) ss COUNTY OF WELD ) In Weld County, the Clerk to the Board performs those functions relevant to Board of County Commissioner records actions, which are normally performed by the Clerk and Recorder; therefore, the entire application, as attached, is on file with the Weld County Clerk to the Board. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County at Greeley, Colorado, this d��p`"`� day of �7_/J cq,iO 2011. I • CLERK TO THE BOARD 1861 ti0 lik2 • DEPUTY CLERK TO THE BOARD M/Dave B/Ashbaugh/DRMS perma/ClcrkCertExhibR.doc EXHIBIT S—Permanent Man-Made Structures Weld County Road 115, a County-maintained graded gravel road extends north-south along the west property line of the Ashbaugh Expansion site. Visual reconnaissance of the proposed gravel excavation and gravel processing areas revealed no evidence of past or present structures, foundations or other man-made features, the site is currently used as pasture. A natural gas pipeline transects the Ashbaugh property. The approximate pipeline alignment runs Northwest— Southeast and is located approximately 300 feet from the east side of the existing gravel pit boundary. Weld County is attempting to determine if the pipeline is still in service. To avoid potential hazard with the natural gas pipeline, no mining will occur within 200 feet of the pipeline until such time as it is determined whether the pipeline remains charged with hydrocarbon product or is out of service and may be removed. There are no other permanent man-made structures within 200 feet of the Ashbaugh Expansion site. M.\DAVE B\Ashbaueh\DRMS permit'AmendedApplication&Exhibits.doc 2/7/2011 EXHIBIT T. - Proof of mailing notices of Permit Application Please see the attached. M:\DAVE B\Ashbaugh\DRMS pernu0AmcndcdApplicalion&Exhibits.doc 2/7/2011 ADDENDUM 1 —Notice Requirements: Board of County Commissioners Soil Conservation District Colorado Historical Society Adjacent landowners within 500 feet of the site boundaries Notice in newspaper—published once within 10 days of date of application is considered; submitted to DMG; also mail notice to landowners Notice posted at site. M:\DAVE B Ashbaugh\DRMS permitWmendedApplication&E.xhibits.doc 2/7/2011 Hello