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Home My WebLink About20110198.tiff 51A1 L Ul- COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 1313 Sherman St.,Room 215 • Denver,Colorado 80203 COLORADO Phone:(303)866-3367 CONSTRUCTION MATERIALS DIVISION Of RECLAMATION FAX:(3031832-8106 REGULAR(112)OPERATION MINING RECLAMATION PERMIT APPLICATION FORM SAFETY Bill Ritter,Jr. CHECK ONE: ❑✓ There is a File Number Already Assigned to this Operation Governor 2,oro 055 Harris D,Sherman Pem,�/t M - - (Please reference the file number currently assigned to this operatiom)ecutiveDirector 1 ' New Application(Rule 1.4.5) J-Amendment Application(Rule 1.10) Ronald W.canany Division Director lir Conversion Application(Rule 1.11) Natural Resource Trustee Permit# M - (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 I,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 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): Konlg Ag Co. 1.1 Type of organization(corporation;partnership,etc.): Corporation • 2. Operation name(pit,mine or site name): KDnig Borrow Pit 3. Permitted acreage(new or existing site): 35.0 permitted acres 3.1 Change in acreage(+) acres 3.2 Total acreage in Permit area 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: Fill Did 5.1 Incidental commoditie(s)to be mined: I. - Ibs/Tons/Yr 2. / lbs/Tons/yr 3. / lbs/Tons/yr 4._ / lbs/Tons/yr 5. / lbsrfons/yr 5.2 Anticipated end use of primary commoditie(s)to be mined: fill dirt will be used for sub-surface of roads for oil and gas operations 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 2011-0198 -2- 6. Name of owner of subsurface rights of affected land: Michael Konig 112 or more owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: Michael Knoig 8. Type of minim operation: ✓ Surface Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN(cheek one): 171 6th(Colorado) fl lath (New Mexico) fl Ete SECTION (write number): S TOWNSI IIP(write number and check direction): T 10 ✓ North fl South RANGE(write number and check direction): K 62 fl East fl West QUARTER SECTION (cheek one): NI' _✓ NW E SIf ® SW QUARII:R/QUARIERSI-CIION(cheek one). NE NW SL SW GENERAL DESCRIPI ION: (the number of miles and direction from the nearest town and the approximate elevation): _ The site is located 3.5 miles southwest of Grover, Colorado. The approximate elevation is 5090 feet. I(l. Primary Mine Entrance Location (report in either Latitude/Longitude OR tJTM): Latitude/Longitude: • Example: (N) 39° 44' 12.98" (W) I(14° 59' 3.87" Latitude (N): deg 40 min 51 see 3 .00 (2 decimal places) Longitude(W): deg 104 min 17 Sec 49 00 (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449" Latitude(N) (5 decimal places) I.ongitude(W) _ (5 decimal places) OR Universal 3 ranverse Mercator UFIM) Example: 201336.3 F NAD27 Zone 13 4398351.2 N UTM Datum(specify NAD27, NAD83 or WGS 84) Nad 83 Zone 13 Fasting Northing • - 3- • I I. Correspondence Information: APPLICANT/OPERATOR (name, address,and phone of name to be used on permit) Contact's Name: Joel and Michael Konig title: Owners Company Name: Konig Ag Co. Street/P.O. Box: 37231 Hwy. 14 P.O. Box: City: Briggsdale State: CO -- __ Zip Code: 80611 Telephone Number: 070 )_ 656-3657 or (970) 590-5061 Fax Number: ( )-- PERMITTING CONTACT (ifdifferent from applicant/operator above) Contact's Name: Chris Rundall Title Project Manager Company Name: Baseline Engineering Corp. Street/P.O. Box: 1536 Cole Blvd., Suite 220 P.O. Box: City.. Golden State: CO Zit Code: 80401 Telephone Number: 3( 03 )- 940-9966x208 Fax Number. (303 )_ 940-9959 INSPECTION CONTACT Contact's Name: Same as operator Title. • Company Name: Street/P.O. Box: P.O. Box: City: --- Slate: Zip Code: Telephone Number: L ) ---.--.- - Fax Number: ! J- CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street. City: State: Zip Code: Telephone Number: L. j- CC: STATE OR FEDERAL LANDOWNER(if any) Agency: Street: City: State: Zip Code: Telephone Number: L. - • -4 - l2. Primary future(Post-mining)land use(check one): • Cropland(CR) J Pastureland(PL) General Agriculture(GA) F] Rangeland(RL) E Forestry(FR) _4effee Wildlife llabitat(WL) 1] Residential(RS) n Recreation(RC) _ Industrial/Commercial(IC) 5 Developed Water Resourccs(WR) El Solid Waste Disposal(WD) 13. Primary present land use(check one : Fl_ Cropland(CR) ./ Pastureland(PL) General Agriculture(CiA) c Rangeland(RL) _ Forestry(FR) n Wildlife llabitat(WL) Residential(RS) Recrealien(RC) ID Industrial/Commercial(IC') Developed Water Resources(WR) 14. Method of Minim,: Briefly explain mining method(e.g. truck/shovel): Loader and haul truck U. On Site Processing: Gushing/Screening 13.1 Briefly explain mining method(e.g. truck/shovel): N/A List any designated chemicals or acid-producing materials to be used or stored within permit area: • N/A 16. Description of Amendment or Conversion: If you arc amending or converting an existing operation, provide a brief narrative describing the proposed change(s). N/A • -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 I,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)(6): 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]] Wildlife Information EXHIBIT I Soils Information EXHIBIT J Vegetation Information EXHIBIT K Climate Information EXHIBIT I. Reclamation Costs EXHIBIT M Other Permits and Licenses EXHIBIT N Source of Legal Right-To-Enter • EXHIBfIO 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 olNotices 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(I)(b) ADDENDUM I -Notice Requirements(sample enclosed) Rule 6.5 Geotechnical Stability Exhibit(any required sections) The instructions for preparing Exhibits A-S, Addendum I,and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.62(Ixb)of the Rules and Regulations. If you have any questions on preparingthc 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 pertnittee, 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. I. 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- • 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; r ��_ 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; 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, 6. Uponpermit issuance and prior beginning on-site mining activity,you mustpost a sign at the entrance of P P € S " 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 he marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance. • X 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. 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 ofJuly 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 pennittee,to continue to pay your annual fee to the Office until the Hoard releases you from your total reclamation responsibility. /OA 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 arc 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. I{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 ofthe 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)(f),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. 1 understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class I misdemeanor pursuant to Section 18-8-503, C.R.S. This form has been approved by the Mined Lund 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 forme 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 C (4-- day of c'x o}u n b P;- , 0 I U hen‘o, T\— Lc) . If Corporation Attest(Seal) Applicant/O ratorr or Company Name Signed: %//le( j,^J/ Signed: �y (�L(`�, v-y)Y11[`L Corporate Secretary or Equiv ent Title:__ PI (1'm\(LC,\-{ - Town/City/County Clerk State of 0'3l a ti.c,ik 0 _ ) )ss. County of �_Q2LA. ) ( r,The foregoing instrument was acknowledged before me this `Ii day of sit ID U)n„FrE L o26.O, b c I as 2,. { �/ Cr ('n Y r DYl i F°„ _c e1 ( Of / o-,,,,vOt,,,- l i - Notary Public Commission Expires My Commission expires: February 2' 2012 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(I)(b)that you may wish to use. • NOTICE This site is the location of a proposed construction materials operation. (Name of the Applicant/Operator) Konig Ag CO 37991 14"`°°° whose address and phone number is(Address and Phone Number of the Applicant/Operator) "'a°6" 9'° se"°s' has applied for a Reclamation Permit with the Colorado Mined I and 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) 1402 N. 17th Ave, Greeley, CO 80631 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: I i . hereby certify that I posted a sign containing the above notice for the proposed permit area known as the(Name of Operation) r'<o Bormj P 4 , on (Date Posted) _ .) :/1 �l(' • 71, /1 i- /1 SI(;NA URE DAM. • • 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 Konlg n9 co (the"Applicant/Operator") has applied for a Regular(1 12)reclamation permit from the Colorado Mined Land Reclamation Board(the"Board")to conduct the extraction of construction materials operations in Weld County. 'I he 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,Mming,and Safety (the "Division") and the local county clerk and recorder. The applicant/operator proposes to reclaim the affected land to Pastureland use. Pursuant to Section 34-32.5-116(4)(m),C.R.S.,the Board may confer with the local Board ofCounty 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, 1 313 Sherman Street, Room 215, Denver, Colorado 80203,(303) 866-3567. NO I E TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. 11 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. • NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112)CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF SUPERVISORS OF TI IF, LOCAL CONSERVATION DISTRICT West Greeley Conservation DISTRICT Konig Ag Co _ (the"Applicant/Operator")has applied for a Regular(1 12)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 Pastureland _ 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. Ifyou 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. ofa 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. • AN EXAMPLE PUBLIC NOTICE WHICH MEETS THE REQUIREMENTS OF TILE STATUTES IS SI IOWN 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(1 12)types of operations, this notice must be published once a week for four(4)consecutive weeks,starling within ten (10) days of the date the application is considered to he 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. 34-32.5-112(10), 114 and 115. ***** PUBLIC NOTICE (Operator Name) K°mg Ag Company ; (Address and Phone Number) 37231 Hwy 14.Briggsdale,CO 60611 has filed an application for a Regular(I 12)Construction Materials Operation Reclamation Permit with the Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the Extraction ofConstruction Materials. The proposed mine is known as the(Name of the Mine) Konlg Borrow Pit , and is located at or near Section 11 , Township 10 , Range 62 6th _Prime Meridian. alThe proposed date of commencement is _ _ _, and the proposed date of completion is . 'Ike proposed future use of the laud is (Future Landuse)_ . Additional information and tentative decision date may he obtained from the Division()Mee Mining,and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567, or at the(County Name) We'd County Clerk and Recorder's office; (Clerk and Recorder's Address) 1402 N nm Si_Greeley.co 60631 , 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) Ilra,cr 11,40 !hilt um/rr tito prn,,irzul, of ( R . 31-32 S-1(1; .sry. <'„mnavt[, rr01:11e-1 u, aoix truck tr'ailic, hour,' of Itr 1,111 ri.', (ill 11O14TH 1e11 H,') acid rrtllot'S)'ia1 (1! ,'rnr]Oiti1: c'nnCPr rt., are /531105 i/o! wl//eel fn flies lul lrtliiYDut I!i0 C 3tr bird a. [roil situ/ l' n/hl, U c' tt'14t'.tli U<l<!r'C5Se:1 by Out!' if r-.;tl s..;(JA,runic rlf c, rO11'cr !liar, 11t. D 1!shot o/ Recdanxttiurt. �A4illin,; (Uhl S<1;11' Ur (/t= tolinrtl Land ReCiamati,rrl Ronrd • • I I ■0% . e 0 0 . 0 75 k2 a / $11 \ ! 1 ! ki • fa §§; K )7( ( | 2Ul ~ ) | 1 I 0 I \ [ f `• 7 \ § . f 5• ; a &co §,co ) 3 ) 2 ) ,r co \ �j -• = \ =r j of0 ) 7 / /\/ IL ILL / ) / Si /§ • II STATE OF COLORADO graDIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 1313 Sherman St.,Room 215 COLORADO Denver,Colorado 80203 DIVISION OF Phone:(303)866-3567 RECLAMATION FAX:(303)832-8106 MINING —&— SAFETY Bill Ritter,Jr. November 3, 2010 Governor Mike King Chris Rundall Executive Director Baseline Engineering Corp. Loretta E Plneda 1536 Cole Blvd., Suite 200 Director Golden, CO 80611 RE: Konig Borrow Pit; DRMS File No. M-2010-055; Preliminary Adequacy Review Dear Mr. Rundall, The Division of Reclamation, Mining and Safety (Division) has completed its preliminary adequacy review of your 112 Construction Materials Reclamation Permit Application. The application was received on September 20, 2010 and was called complete for review on September 29, 2010. The decision date for this application is December 28,2010. Please be advised that if you are unable to satisfactorily address any concerns identified in this review before the decision date, it will be your responsibility to request an extension of the review period. If there are outstanding issues that have not been adequately addressed prior to the end of the review period, and no extension has been requested, the Division will deny this application. The review consisted of comparing the application content with specific requirements of Rule 6.1, 6.2, 6.4, and 6.5 of the Minerals Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials. In general the application was substantially adequate, however, as with most applications there arc a few items that will require the submittal of additional information or clarification of the existing information. Inadequacies are identified under the respective exhibit heading along with suggested corrective actions to correct them. Application Form 1. The Applicant has indicated on Page 2, No. 6 of the Application Form that Mr. Michael Konig is the sole owner of the subsurface rights of the affected land. However, the property title provided under Exhibit N lists multiple owners of the subsurface rights. Please revise No. 6 of the Application Form accordingly. 2. Page 2, No. 6 of the Application Form lists"Michael Knoig" as the owner of the surface of the land. This appears to be a typographical error, please submit a revised copy of Page 2 with the correct spelling of the surface owner's name. Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines 6.4.1 Exhibit A—Legal Description No comment. 6.4.2 Exhibit B—Index Map No comment. 6.4.3 Exhibit C—Pre-mining and Mining Plan Map(s) of Affected Lands 3. The Applicant has indicated there are power lines and buried communication lines on the west side of Weld County Road 81. As required by Rule 6.4.3(b), please revise the Pre- mining and Mining Plan Maps to show the location of the power and communication lines that are within 200 feet of the boundary of the affected land. In addition, show the owner's name of these structures as required by Rule 6.4.3(g). 4. The Applicant has stated the power and communication lines on the west side of Weld County Road 81 are within the prescribed right-of-way for the road. The Division requests the Applicant depict the prescribed right-of-way on the Pre-mining and Mining Plan Maps. 6.4.4 Exhibit D— Mining Plan 5. The Applicant has stated the site will be mined in 2 separate phases. Please commit to delineating the active phase with monuments or other markers. 6. The Applicant has stated the access road will be 24 feet wide. Please indicate if the access road will be paved or if watcr conveyance structures will be installed. The Division requests this information in order to calculate the financial warranty estimate. 7. According to Exhibit D, the topsoil stockpiles will be vegetated if they are left in place for more than 180 days. Please specify the seed mix to be used to stabilize the topsoil stockpiles. Seed quantities shall be specified as pounds of pure live seed per acre. 8. The Applicant has stated stormwater diversion ditches may be either a cut ditch or a berm. Please specify which method will be used and provide the Division with a typical cross section of the structures. This information is required in order to calculate the financial warranty estimate. 9. According to Exhibit D, stormwater will be routed into sediment ponds. Please provide the Division with a typical cross section and design specifications of the sediment ponds. In addition, please indicate the point in the mining process the sediment ponds will be constructed. 10. Please demonstrate the proposed size of the sediment ponds will be adequate to handle surface inflows during peak rainfall events. In addition, all water must be able to infiltrate within 72 hours or a well permit and substitute water supply plan must be obtained from the Office of the State Engineer. Please demonstrate that water will be able to infiltrate into the substrate within 72 hours. 11. The Mining Plan Map shows the topsoil stockpiles, stormwater ditches and sediment ponds will be located within 8 feet of the permit boundary. Will the Operator have enough room to install and reclaim these structures without affecting land outside of the permit boundary? Please be aware that any disturbance which occurs outside of the permit boundary could result in a possible violation of the conditions of the permit and the Construction Material Rules and Regulations. 6.4.5 Exhibit E—Reclamation Plan 12. Please specify the amount of wood fiber mulch to be applied per acre. Also, indicate if fertilizer will be used. 6.4.6 Exhibit F—Reclamation Plan Map No comment. 6.4.7 Exhibit G—Water Information 13. The Applicant has stated water will only be used for dust control. As required by Rule 6.4.7(3) and(4), please provide an estimate of the project water requirements on an annual basis and indicate the source of water to supply the project water requirements. 14. The Applicant has stated a National Pollutant Discharge Elimination System (NPDES) permit will be obtained. However,the Applicant has stated all stormwater will be retained onsite. Please explain why an NPDES permit would be obtained. 6.4.8 Exhibit H—Wildlife Information No comment. 6.4.9 Exhibit I—Soils Information No comment. 6.4.10 Exhibit J—Vegetation Information 15. As required by Rule 6.4.10(a),please list the principal grass species present on the site. 6.4.11 Exhibit K—Climate No comment. 6.4.12 Exhibit L—Reclamation Costs 16. The Applicant has stated clean straw or native hay mulch will be applied during reclamation. However, Exhibit E indicates wood fiber mulch will be used. Please clarify this discrepancy. 17. The Division will calculate the financial warranty estimate once all of the adequacy issues have been addressed. 6.4.13 Exhibit M—Other Permits and Licenses 18. Please see comments under Exhibit G, No. 14. 6.4.14 Exhibit N—Source of Legal Right to Enter 19. The property title lists multiple owners of the subsurface rights of the affected land, but does not identify the owners. Please identify each of the owners of subsurface rights of the affected land. 6.4.15 Exhibit 0—Owner(s) of Record of Affected Land (Surface Area) and Owners of Substance to be Mined 20. Please see comments under Exhibit N, No. 19. 6.4.16 Exhibit P— Municipalities Within Two Miles No comment. 6.4.17 Exhibit Q—Proof of Mailing of Notices to Board of County Commissioners and Soil Conservation District No comment. 6.4.18 Exhibit S—Permanent Man-Made Structures 21. The Division considers power and communication lines to be permanent man-made structures. Please revise Exhibit S to include the power and communication lines located on the west side of Weld County Road 81. 22. In accordance with Rule 6.4.19, where the mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred feet of the affected land, the applicant may either: a) Provide a notarized agreement between the applicant and the person(s) having an interest in the structure, that the applicant is to provide compensation for any damage to the structure; or b) Where such an agreement cannot be reached, the applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or c) Where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. This concludes the Division's preliminary adequacy review of this application. Please remember that the decision date for this application is December 28, 2010. As previously mentioned, if you are unable to provide satisfactory responses to any inadequacies prior to this date, it will be your responsibility to request an extension of time to allow for continued review of this application. If there are still unresolved issues when the decision date arrives and no extension has been requested,the application will be denied. If you have any questions, please contact me at(303)866-3567 x8116. Sincerely, w Michael A. Cu ingham Environmental Protection Specialist S Regular 112 Operation Reclamation Permit Application For the proposed Konig Borrow Pit Submitted to Colorado Division of Reclamation, Mining and Safety September 2010 Submitted by Michael and Joel Konig Konig Ag Co 37231 Hwy 14 Briggsdale, CO 80611 Prepared by: Baseline Corporation 1536 Cole Blvd., Suite 220 Golden, CO 80401 S Rule 6.4.1 Exhibit A-Legal Description (1) The proposed Konig Borrow Pit is located on a site of approximately 35 acres roughly 3.5 miles southwest of Grover, Colorado in Section 11, Township 10 North, Range 62 West. The proposed borrow pit is more specifically located in the Northwest quarter of Section 11. (2) The coordinates for the location of the main entrance to the site are: 40° 51'13"N 104°17'49"W S S Rule 6.4.2 Exhibit B-Index Map The location of the site is shown on Map I. Konig Borrow Pit-Index Map. This map shows the subject property in context with the surrounding area and its connection to roads in the area. S S • HEREFORD SE QUADR ►U4S U.S. DEPARTMENT OF AGRICULTURE COLORADO.WFl n C FOREST SERVICE 7.5•MINUTF. SERIES (TOPO( 104 1 •, 5,1 .S59 l l' 30' \60 'G! 2 un 0ou nil `62 do ',? it. 3:= 34 r 35 36 31• 4 ( e 'OPP I ' ‘ 1 I We nu t WI . in') . Ci hen' , •0'• I 11 ' r )rJ5 1, '�. ` r . 1 ,\ \% / I I ((( I N. tat 11,x. 41•24 4 9 WS1 .;n 3 } ! • >a1•`` \ i on G . , 1 Ps •N) XVI • WV 1 son i ` f t11 � 1 LK' \ 1 • HSI t{41:\SAW Ilia, 10 h+ 1 7If "2? .4 . PROJECT LOCATION . . •- 1 �' ',ei, tit? Mn \t4) • WV.: ! it, )). - \ . i . C>• 0"( =b ( • _ N. f~ - /: L 1'r1 _i o IA ` 13 1�j'k., j 18 4 .1 L'IL • ♦ } , ' ) 1- — ICA \J V .30111 t. • •. L.?.41-.. , ) PkS l ' , -:•,i IT••._, . Vr 21 ` • r Vim.... d I 2 1 -taic i 22 • - 4 7i.al3 t •• 24 /kmr IKt1. ' ' (� •`►9 • itrrtar t N. SOLI 1S 1WNr t" 114 ,i/ r i N 1 INDEX MAP 1 ) S ji11sE [Jr4IE, G0L0ENLC0L8040SUITE 220 Date o _ engineering corporation PH (3031 940 9966 fnx (303) 9d4 9959 I 0 — I 0 Sheet Number Dwg Scale O 1 " -r- eJU0' Vap 1 Project Name 0 I _ N ! , E ,RR _ W Project No O (. 020.1 I_ Rule 6.4.3 Exhibit C- Pre-Mining and Mining Plan Map (s) of Affected • Lands The site is located in pasture land approximately 1/3 of a mile south of the intersection of Weld County Road 120 and Weld County Road 81. Several Maps have been included in this section in order to provide all of the required information: Map 2 - Assessor's Map, Map 3 — Existing Conditions Plan (Pre-Mining Map), Map 4 — Aerial Image Map, and Map 5 — Mining Plan Map. (a) Map 2 — Assessor's Map depicts all adjoining parcels and surface owners of record. (b) Map 3 —Existing Conditions Plan shows the location of all existing conditions on and adjacent to the site. Porter Creek is an intermittent drainage located in Section 11 and approximately 950 feet east of the proposed pit boundary. The closest man-made structure is a residence approximately 400 feet to the south of the proposed southern pit boundary. There is a dry and abandoned oil and gas well (API # 05-123-07390) approximately 800 feet northeast of the northern proposed pit boundary. There are power lines on the west side of WCR 81 and a buried communication line on the east side of WCR 81, most likely in the prescribed right-of-way for the road. (c) Map 3 — Existing Conditions Site Plan shows existing topography with one foot contour intervals. The site slopes to cast at 1% to 5%. (d) Both Map 3 — Existing Conditions Plan and Map 5 — Mining Plan Map show • the Proposed Borrow Pit Boundary. The only area outside of the Proposed Pit Boundary to he affected is for the access point onto Weld County Road 81. (e) Map 5 — Mining Plan Map contains a note stating the type of present vegetation covering the affected lands. The site is vegetated native grasses and cactus. (f) The mining depth will be relatively shallow and no ground water will be exposed. The pit will be a dry pit with no impoundments. (g) The only existing permanent man-made structure within 200 feet of the affected land is Weld County Road 81. This is a rural gravel road and is shown on Map 3 —Existing Conditions Plan. (h) Soils information is provided in Exhibit I. Map 4 shows an aerial photo of the general project area. • • a 0 N 4 is b 2 1--e O O 0 J) -J M fo 0 -I o ‘P e)1O oo Y o � -05 ��'OC,O�, U C I �i '�`jp� ��'J —I -0 0 C oo ` O VI� Co ,. M C _ V _. N ° W a f 0 c a I Y ro a a __ l CR el -_ a CO OO O C . . O c a `�j) E o_no ec xe 0 �o — iNl • o0 o �o-3 Y g . O" a _ 8 , tn 7 `� M Q - / J i • G .-� u o CI, ce 2 u ° a 0 0 I CR71 C. 0 U H gf aco 1 u e Z D V Z W E V /� J (0 J a 2 a U o 141 J J 0 L " 1 � O Qit J ECU a Z o � , W ri o 3 :EL, •6..r J y W W ri _ z U 66 U �r. Cx Oo0 L Cl. N y — W a ai; Asa 0 I-. * Z ul MI C Sae O y C C TI t T ~ u v ~ a 0 A Itilik: a let 0 et, . iv . f t „zee* • tI I ` ♦ f X map/ ' • .lb, I. I 4 . S. 4\1 Milli" a ♦ 1b. +Two _- rte'AI . . iry.„ ok PA .0,. r r ate^"�sa • • w . �. 1 . jp( 'r, - I , .r ' , • ; 4 f 4,.; ti c 0 • 1 !.. iiike ! • 14 A , .. i e 5 ' II Ill. of • RII I ''w. F Y •• ��. PROJECT LOCATION �, -if • I #4' IL' ... 0 ' 4 ' a 401 9 .4h I I 1 ' forp , i 0 v.,._ *.e. ' if% * . 1 e A ' * die 4 ''..X Ari : A . 4 . 4$ . 4, - Irit 11 i . ...I. I' .1. I v. I I-t % :. . , i il. ..li it .1/2 T ` T t. ' ♦ 1 T iir�� 4 : r X , I e I j rt� 1 f+ ••Iv .I. I I TT vs . 1 •1Irk `. N 1 AERIAL IMAGE MAP 4 s ^,, • SELINE 1536 COLE BLVD. SUITE 220 - - PH(303) 940-996 LDEN, CO 6 (303) 940.9959 Date _ Sheet Number engineering corporation /� Dwg Scale ° - N/lap 4 Project Name o Project No a __ Rule 6.4.4 EXHIBIT D - Mining Plan • Map 5-Mine Plan Map depicts the overall layout of the borrow pit. The plan shows one access point for the pit off of Weld County Road (WCR) 81. Five cross-sections on Map 7 have been prepared to depict the proposed slopes during the active mining phase of the project. (a) The mining operation is to borrow till dirt. The fill dirt proposed to be extracted will be used by oil and gas companies in the surrounding area. As mining occurs, topsoil will be stockpiled as new lands are disturbed. The proposed Borrow Pit access road will be 24 feet wide and will be adequate for the level of anticipated truck traffic associated with this pit. The mine faces will be cut to a 3:1 slope, which will remain as the reclaimed slope. Map 5 Mine Plan Map and Map 7 Mining & Reclamation Cross Sections depict the mine layout and sections during mining operations. The surrounding network of Weld County Roads will serve as haul routes for the pit products to the surrounding oil and gas destinations. All haul trucks will enter/leave the site from/to the north on WCR 81. Approximately half of the trucks will proceed west on WCR I20 and the rest will travel east on WCR 120. In accordance with the Town of Grover requirements no trucks will be permitted to travel through the Town. There will be a portable toilet, potable water, and a trash container on-site. A vehicle tracking control pad will be placed at the access to prevent tracking of mud onto WCR 81 and WCR 120. A typical VTC detail is included at the end of this section. (h) Earthmoving activities will begin with removal and stockpile of topsoil. The • topsoil is approximately 6" to 8" in depth. Then hackhoes and loaders will be used to excavate the fill dirt. The pit-run till dirt will either be stockpiled for future loading of haul trucks or loaded directly into haul trucks. There will not be any screening or crushing of the mined materials. There will not be any scales on the site. The haul truck drivers are trained to keep their loads under the maximum limits through a combination of the following three methods. The air pressure inside the cab shows the pressure of the air bag support to the trailer, which indicates how much weight is on the trailer. The second method is by visual volume inside the trailer. The third method is by counting the loader buckets dumped into the trailer. (e) All proposed stormwater diversion ditches and sedimentation ponds are shown on Map 5 Mine Plan Map. The stormwater diversion ditches may be either a cut ditch or a berm, for the purpose of intercepting and directing surface storm water within the pit to one of the sediment ponds. The sediment pond will allow settling of any solids. 'there will he no outlet for the sediment ponds. The captured stormwater will dissipate through infiltration and evaporation. A small berm will be created around the topsoil stockpile areas to prevent sediment transport into adjacent stonnwater diversion ditches. The stockpiles will be protected from wind and water erosion with temporary seed cover if the piles are left in place for more than 180 days or one growing season. (d) The overall maximum area of disturbance proposed is 17.5 acres. Approximately 3 acres will be utilized for the access road, stockpile areas, and sediment ponds. The remaining 14.5 acres of the 17.5 acres will be used for active mining. The • approximate dimensions of the active 14.5 acre mining block will be 1200 feet by 525 feet. • (e) The amount of fill mined per year will depend on the economy and local demand for these resources. It is not intended for the borrow pit to be an intermittent operation; however, there may be periods of inactivity due to lack of demand for fill in this area. The following is the anticipated timetable for the mining operation: 2010-2015 Mining & Reclamation of phase 1 2015-2020 Mining& Reclamation of phase 2 (f) According to the Custom Soil Resource Report for the Konig Borrow Pit from the USDA Natural Resources Conservation Service, there is Ascalon fine sandy loam and Avar fine sandy loam in this area. The maximum depth of the fill to be excavated is 10 feet. (g) The primary commodities to be mined are sandy loam fill dirt. The intended use is for oil and gas facilities and associated roads, battery areas and drilling operations. (h) There are no expected incidental products to be mined/extracted by the proposed operation. (i) Explosives will not be used in conjunction with the mining or reclamation. • • DRAINAGE CRITERIA MANUAL (V. 3) CONSTRUCTION BEST MANAGEMENT PRACTICES • I �VTCI ,Z 50 Fr:(MIN) ....?.,(MIN) ., I r0 P r aR° °'"� N.Y.....�� w� 9.0,)10 O • �O t -7� _ NOTE EROSION CONTROL MEASURES SHALL /.' BE MAINTAINED AT ALL TIMES AS / DIRECTED BY THE LOCAL JURISDICTION COOT SECT #703.AASHTO#3 COARSE AGGREGATE ORS"(MINUS)ROCK.OR INSTALL ROCK FLUSH WITH OR -RECYCLED CONRETE.6"(MINUS)ROCK BELOW TOP OF PAVEMENT 1 - FJ el i -NON-WOVEN GEOTEXTILE MEMBRANE COMPACTED SUBGRADE NOTES 1. ALL ROCK TO BE REMOVED UPON COMPLETION OF SECTION A-A CONSTRUCTION.MS 2. PUBLIC ROADWAY TO BE KEPT CLEAN AND FREE OF MUD,DIRT AND DEBRIS AT ALL TIMES. DETAIL CONSTRUCTION STAGING PAD DETAILS BASED ON THOSE PROVIDED BY THE CITY OF BROOMFIELD,COLORADO Figure C5-1—Temporary Vehicle Tracking Control • C-54 2007-10 Urban Drainage and Flood Control District Rule 6.4.5 EXHIBIT E — Reclamation Plan (1) The proposed grading at time of final reclamation is shown on Map 6, Reclamation Plan Map. This map also shows the location of five proposed cross-sections which depict the proposed final slopes which will be encountered during the reclamation phase of the operation. Map 7, Mine & Reclamation Plan Cross Sections, depict the existing grade and final grade after reclamation for each cross section. The outer perimeter of the mine along the west edge of the pit will be graded to a minimum of 3:1 slopes to ensure long term stability. The interior of the mine will be graded to conform to the general west to east slope of the existing land. There will be no impoundments. (2) (a) All of the affected lands are currently pasture land. Reclamation will restore all of the affected land to pasture land. The amount of disturbed land will be limited to 17.5 acres at any one time. The mining operation will bring the grades to within 6" to 8" of the final reclaimed elevation to allow for topsoil application. (b) The post-mining use will he pasture land which is consistent with the existing land use in the vicinity of the project. This is also consistent with the Weld County Zoning designation for this property, which is A-Agriculture. (c) Section 3.1 3.1.1 Establishing Post-Mining Use: The Operator is the landowner. The land will be reclaimed to the original use of pasture land. 3.1.2 Reclaiming Substituted Land: N/A 3.1 .3 Time Limit and Phased Reclamation: The Operator commits to complete each phase of reclamation within five (5) years from the date that such phase has commenced. 3.1.4 Public Use: N/A 4111 3.1.5 Reclamation Measures — Materials I landling: Grading will be performed so as to create the final topography shown on the Reclamation Plan. The Operator/Landowner will utilize appropriate earth moving equipment to ensure adequate compaction for stability. The grading will be done in a manner to control erosion and siltation of the affected lands through use of stormwater diversion ditches and settling ponds. Cut slopes will be cut at a 3:1 during the mining operation and left at this slope at the time of reclamation. Topsoil placement and seeding will be completed as soon as operations allow. Konig Ag Company will control the unauthorized release of pollutants to the surface drainage system and groundwater. 3.1.6 Water General Requirements: The proposed mining operation will not have any affect on the prevailing hydrologic balance of the affected land and surrounding area, nor any affect on the quantity or quality of'water in surface and groundwater systems during and after mining operation. The Operator will comply with all applicable laws and regulations. 3.1.7 Groundwater — Specific Requirements: The mining operation will not affect groundwater quality. 3.1.8 Wildlife: See Exhibit H for Wildlife Information. 3.1.9 Topsoiling: See description of topsoiling within this Exhibit. Any topsoil/overburden stockpiles that are left in place for more than 180 days or one growing season will be protected from wind and water erosion with the temporary seed cover proposed in this reclamation plan. 3.1.10 Revegetation: See description of revegetation within this Exhibit. • 3.1.11 Buildings and Structures: There are no existing structures on the land and no structures are proposed. • 3.1.12 Sign and Markers: The Operator shall place the required sign and markers. 3.1.13 Spill Reporting: The Operator shall commit to Notify the Office of any spill of toxic or hazardous substance, including spills of petroleum products that occur within the mined land permit area and comply with the requirements of this section. (d) We anticipate placing 6-8" of topsoil on all disturbed areas. Following the application of topsoil, these areas will be ripped with either a dozer with a ripper bar, a motor grader or a tractor with a chisel plow to eliminate compaction. The depth of ripping will be consistent with the depth of applied topsoil to ensure that the quality of topsoil is not diluted by mixing with less desirable subsurface soil materials. Seeding will be performed depending on when the ripping and topsoil reapplication operations are completed. Either fall or early spring seeding periods will be utilized. If the seedbed preparation is completed during the summer or fall, then seeding will begin in the fall after fall frosts arrive. If the seedbed preparation is completed during the winter or early spring then spring seeding will be completed when the soil is dry enough to work, yet still somewhat moist. The seed mixture will be applied hydraulically along with a wood fiber mulch and tackiuier to ensure seed germination. The seed mixture is as follows: Species Seeding Rate #PLS/acre Western Wheat Grass, Arriba 2.40 Green Needle Grass, Lodorm 1.0 Side Oats Grama, El Reno 0.90 Little Bluestem, Native 0.70 Alfalfa, Common 0.40 Since the site is presently devoid of trees, the reclamation plan will not contain any trees. Native Grasses will be used. (e) Reclamation will proceed within each mine block as enough space is established to allow safe equipment circulation and areas for stockpiles. The reclamation will be completed as follows: 2010-2015 Reclamation of phase 1 2015-2020 Reclamation of phase 2 (0(i) Final Grading— Maximum 3:1 slopes. General grade of 1% along the bottom of the pit. (ii) Seeding— See above. Revegetation — See above. Topsoiling — See above. • (3) The operator commits to ensuring no livestock will be permitted on site until the permit or area is released by DRMS. • S Rule 6.4.6 Exhibit G — Water Information • (1) The operation is not expected to directly affect surface or groundwater systems. There is no trace of ground water at the depths in which mining operations will take place. The pit will be a dry pit with no impoundments. The Porter Stream lies approximately 950 feet east of the eastern most edge of the proposed mining area. (2) N/A (3) Water will only be used for dust control via water trucks. (4) N/A (5) The Operator will apply for a National Pollutant Discharge Elimination System (NPDES) permit from the Water Quality Control Division at the Colorado Department of Health. The Operator will supply the Division a copy of the permit as soon as it is complete. • • Rule 6.4.8 EXHIBIT H — Wildlife Information • Troy Florian (970) 443-1993 of the Fort Collins Office of the Colorado Division of Wildlife has been contacted regarding this proposal. lie will be submitting a letter via the referral process, indicating if any wildlife can be found in the general vicinity of the proposed pit area. This application will be sent to the D.O.W. for review and comment. • • Rule 6.4.10 Exhibit J —Vegetation Information • (1) (a) The site is vegetated with native grasses and cactus. The cover of this vegetation is consistent over the site and is sparse, covering approximately 75% of the land area. (b) The present vegetation is consistent across the entire site. (c) N/A (2) The present vegetation is consistent across the entire site. A note to this affect is on Map 5-Mine Plan Map. • • Rule 6.4.11 Exhibit K — Climate • The climate of this area can be characterized as high plains. Grover, Colorado gets 14 inches of rain per year. Snowfall is 33 inches. The number of days with any measurable precipitation is 73. On average, there are 235 sunny days per year. The July high is around 87 degrees. The January low is 13. • • Rule 6.4.12 EXHIBIT L - Reclamation Costs • In arriving at the following estimated costs for reclamation, the applicant made some assumptions based on their current equipment and costs to perform similar load and truck operations in Weld County. Equipment to be Used for Final Reclamation. The equipment need for final reclamation will include bulldozers, scrapers, backhoes, and hydraulic seeders. Major Phases of Reclamation. Each major phase associated with the final reclamation is discussed in the following narrative. Where appropriate, the assumptions used to determine the reclamation time and cost estimates are supplied. A. Backfilling and Grading of the Borrow Pit Area. A maximum of 17.5 acres of disturbance will be allowed at one time. Approximately 0.3 acres will comprise the access road which will be left in place at reclamation for permanent field access. We will assume a worst case scenario in which all 17.2 acres would require reclamation. The cuts associated with the mining operations will bring the grade to within 6" to 8" to allow for topsoil; therefore there will not be any backfilling or grading needed at the time of reclamation. The total costs for backfilling and grading the mine pit area is $0. B. Topsoil Application. The amount of topsoil required to be placed is estimated to be 6" • to 8" thick over 17.2 acres. This equates to 16,187 cy of topsoil. The costs to place 16,187 cy would be $1.80/cy which equals $29,137. The total costs for topsoil application is$29,137. C. Revegetation Costs. The revcgetation costs for 17.2 acres of disturbed area will consist of seed costs of approximately $ 30 per acre which equals $516. Seedbed preparation costs will consist of chisel plowing or deep ripping at a cost of approximately $ 150 per acre which translates to an estimated cost of approximately $ 2,580. Actual seeding costs will be approximately $ 50/acre which equals $860. Clean straw or native hay mulch will be applied at the rate of one ton per acre at an estimated cost of $ 280 per acre which equals $ 4816. The total costs for rcvcgetation is $8,772. Rased upon these estimates, it can be determined that the total direct reclamation costs for this project will he approximately S 37,909. • Rule 6.4.13 EXHIBIT M — Other Permits and Licenses • Colorado Department of Health, Water Quality Control Division. The Applicant will apply for the NPDES and Storm/Surface Water Discharge Permits through the Colorado Department of Public Heath and Environment. Colorado Department of Health, Air Pollution Control Division. The Applicant will apply for a Construction Permit through the Air Pollution Division of the Colorado Department of Health. Weld County Planning Department. The Applicant will apply for a Special Use Permit to Weld County Planning Department. This is required by the Weld County Planning Department. Kim Ogle is the contact point at the County. • • Rule 6.4.15 EXHIBIT 0 — Owner(s) of Record of Affected Land (Surface Area) and Owners of Substance to be Mined • A Title Commitment for the affected land is attached which shows the owner of the surface of the affected land to be Michael Konig. The Title Commitment includes a list of Exceptions in Schedule B-2. This list does not specifically mention any holder of sand and gravel rights on the affected land. Therefore it is assumed that the surface owner holds the rights to the sand and gravels as well as fill dirt. • • Rule 6.4.16 EXHIBIT P — Municipalities Within Two Miles • There are no municipalities within two miles of the proposed mining operation. • • Rule 6.4.17 EXHIBIT Q — Proof of Mailing of Notices to Board of • County Commissioners and Soil Conservation District Copies of this permit application were sent to: Weld County Board of Commissioners 915 Tenth Street PO Box 758 Greeley, CO 80632 West Greeley Conservation District 4302 W. 9th St. Rd Greeley, CO 80634 Phone: 970-356-8097 Ext. 3 Fax: 970-351-0392 Copies of the receipts documenting that they have received copies of this permit application are attached. • • - ._ --.. ::- :4P srvaeSi��.dTF^ +n, ■ WEST GREELEY CONSERVATION DISTRICT • ONS ERV ATION 4302 W. 9'h St. Rd. Greeley, Colorado 80634-1398 (970) 356-8097 Ext 3 • Fax (970) 351-0395 www.wgcd.org iuf_2k( 1 Fogy of ir /13 C)Pc ' r' o4 PPu PIO OP-- GF4 L r • • • Letter of - TRANSMITTAL I , '' 1.,#,AA SELINE . plarnnnt :chug .m%e m8 To: Weld County Board of Commissioners Address: 915 10th Street, Greeley Re: Construction Materials Regular (112) Operation Reclamation Permit Application Date: 9/17/10 Encl.: 1 - Copy of the State application for your review. III 1 ' • . � e3 ' I . A (`) ; I cc: Project File From the desk of.., Rick Behning, P.E. Corporate Headquarters x Northern Bureau 'Wyoming . Northern Mountains Denver West Once Pork Building 4 Downtown Greeley Montgomery Building Pentagon West Building 1536 Cole Boulevard. Suite 220 710 11^i Avenue, Suite 105 109 East 17'^ Street, S.nim I 2740 Acre Lane, Suite 201 Golden, Colorado 80401 Greeley, Colorado 80631 Cheyenne, Wyoming 82001 Steamboat Springs Coloraco 80487 •Ph 303 940.9966 Ph 970 353 7600 Ph 307.635 1734 N 970.879 1825 Fax 303 940 9959 Fax 970.353.7601 Fax 866 242.9106 Fax 866.242 9106 www.basehnecorp.com Rule 6.4.18 EXHIBIT R— Proof of Filing with County Clerk and • Recorder A receipt signed by the office of the Weld County Clerk and Recorder at: 1402 N. 17th Avenue Greeley, CO 80631 (970) 353-3840 acknowledging that they have received a copy of the permit application is attached. • Letter of TRANSMITTAL , [t 1141 _ : , SELINE To: Weld County Clerk and Recorder Address: Re: Construction Materials Regular (112) Operation Reclamation Permit Application Date: 9/17/10 Encl.: 1 - Copy of the State application for your review. Ill1itt1. , cc: Project File From the desk of... Rick Behning, P.E. ;Corporate Headquarters ,(Northern Bureau IW omin Y 8 1 [Northern Mountains Denver West Office Pork Building 4 Downtown Greeley Montgomery Building Pentagon West Building 1536 Cole Boulevard, Suite 220 710 i I'1^Avenue,Suite 105 109 East 17B Street, Suite I 2740 Acre Lane,Suite 201 Golden, Colorado 80401 Greeley, Colorado 80631 Cheyenne,Wyoming 82001 Steamboat Springs, Colorado 80487 ',Ph 303.940 9966 Ph 970 353.7600 Ph 307.635 1734 Ph 970.879 1825 Fax 303.940 9959 Fax 970.353 7601 Fax 866.242 9106 Fax 866 242.9106 www.baseli necorp.com Rule 6.4.19 EXHIBIT S — Permanent Man-Made Structures • The only permanent man-made structures within 200 feet of the affected land is Weld County Road 81, which is a rural gravel roadway. There is prescriptive right-of-way for WCR 81 adjacent to the site. The borrow pit boundary has been located 10 feet from the existing fence along the cast side of WCR 81, which is the assumed property/right-of-way line. • • Rule 1.6.2(1)(b) ADDENDUM 1 — Notice Requirements • A receipt of the notice of filing with the Weld County Board of County Commissioners and the West Greeley Conservation District is included in Exhibit Q. A receipt of the notice of filing at the Weld County Clerk and Recorders Office is included in Exhibit R. The signed certification for posting at the site, including photos of the posting, is included in this section. • • - . n.. _ _ d + 7 . -- ` - jj. 44 • . lid _ - 4 � t '• 4, 1 .... _ ! r •-• _ n• S t .., 1 11' . t t.,, ,• r, ' 3.i. .e. 'j,.ti -_ ,I .• ' iLsr ! > fhti! r,s -' •• 1. A I - - .. j I -dyad 12 .,.1 .. 1, 11y •. . 1 r - 1 .�i �.. 1 1 1 1T 1 �1 ra. 4 t. . 1 Y.alirl- eihoote ever • .•. - • • 1 P • ..•ar 'r• •-f . peat: • ,F is .I . c- -t a .. y - 4 / 201 I:. . . • L • 4r. . !.4 a . • . . • - d • • :re" - al • Jri ir NOTICE ,- . ... This site is:Ahe location of a proposed construction materials 7 '� eration . ¶(oni g A Co, whose address and phone number is r' c' op. # , #s , 37231 HidhwayT 14 , Briggsdale, CO 80611 (970 ) 656-3657, has IPA: ci .� ; . . applied for a Reclamation Permit with the Colorado Mined Land i Reclamation Rna.rd . Anyone wishing to comment on the applicat1on 0: may view tic application at the Weld County Clerk and Recorder's . . - 1?1 send �� - , f Office, 1402 N . 17th Ave . Greeley, CO 80631 , and should the .• comments � � comment period to � "mot; prior to the end of the public Division of Reyand Safety, 131 Reclamation , Mining, ,, w �' Room 215 , Denver, Colorado �, <*. A / 3 Sherman Sts li. .:, ?,. i. { y)''- • l' Nr 1- .. M: rte: .•.. k` .. ... "r:::2.2. 4 #.t 1. •^^ '_4 t : y. S i 1O>flt v% r ;:t7 .. .i,,J!,-. At ..•,:k(,), .ti..liwit- 1/4 t s' , t a• . - :it.' .'A t • • 0 i - fi . ....: . :_ _ , - !„ .t il 1.--""` • t . .w .441 t • lit . .‘_.4:411... -'.ham • - -'•"' _ • •t ::.:;:: '� �'::i. � a - �. .24-tr;.{'rI ? • ' _ � T• �,\�f1 - :� y I'y�W•1'•i. J t {'� ,R. / 4,-.'.z .4:4-•-` -*::;, 4- .s_: :S4.41,:—;•.• - _ n'• • • r'- 1 Si Y • �i rr..- �{•'. ' �. • tr�M��7, • ♦ 1 Y (�y K.tyit7 s � 1 . • •� • : •h • • -t- •r 3 irLlli`k� -( ]LS.a � ,�. •n ,` • "dr.. .47.0►,.•►4:. :iy• ?r, t..:•.-..,. • ..• - �y,�♦ �'+� - . '. a -- . 1� _ .�?, • ti y� A ii: elk le 4.•••• �I Ti�� '1 •. PV ~'Y _t • ••1 � . . .r ..�a� i�� 'f.• 4`...:4,•,•.:1.1.4.r., �a• t f _ •t r��••• • 1 `: K • 0 Rule 6.5 Geotechnical Stability Exhibit • N/A • • Hello