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Home My WebLink About20111013.tiff 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 Water storage 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. pu:34i Q,t)I C T Pw, PL , oil 2011-1013 STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 1313 Sherman 51,Room 215 Denver,Colorado 80203 CO L O RA DO Phone:(303)866-3567 CONSTRUCTION MATERIALS DIVISION I V ILAMATION FAX:(303)832-8106 REGULAR(112)OPERATION MINING RECLAMATION PERMIT APPLICATION FORM SAFETY Bill Ritter,Ir. CHECK ONE: Z There is a File Number Already Assigned to this Operation Governor 1.976 210 112c Harris D.Sherman Pe M - - -_ (Please reference the file number currently assigned to this operatio110ecunve Director New Application(Rule 1.4.5) El Amendment Application(Rule 1.10) Ronald W.Canny Division Director n Conversion Application(Rule 1.11) Natural Resource Trustee Permit# Iy( -1978-210 (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 ofExhibits 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. Applicandoperator 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 namej: Geisert Pit 3. Permitted acreage(new or existing site): permitted acres 3.1 Change in acreage(+) None 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: gravel sand . 5.1 Incidental commoditie(s)to be mined: 1. - Ibs/Tons/vr 2. I lbs/Tons/vr • 3. / lbs/Tons/yr 4. / Ibs/Ions/vr 5. / lbs/Tons/yr 5.2 Anticipated end use of primary commoditie(s)to be mined: County road maintenance 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: See Exhibit O If 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: Weld County 8. Type of mining operation: Surface Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN(check one): 1716th(Colorado) 10th(New Mexico) IT Ute SECTION(write number): s 31 TOWNSHIP(write number and check direction): T 6 El North South RANGE(write number and check direction): R 65 El East El West QUARTER SECTION(check one): E �.,© SW QUARTER/QUARTER SECTION(check one): NE NW SE , SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): Geisert pit is surrounded by Greeley City limits 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) (5 decimal places) Longitude(W) (5 decimal places) OR Universal Tranverse Mercator(UTM) • Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum(specify NAD27,NAD83 or WGS 84) Nad 83 Zone 13 Easting Northing -3 - 11. Correspondence Information: APPLICANT/OPERATOR (name,address,and phone of name to be used on permit) Contact's Name: Jay McDonald Title: Supervisor Company Name: Weld County Public Works Street/P.0.Box: 1111 H Street P.O.Box: 758 City: Greeley State: CO Zip Code: 80632 Telephone Number: 970 _ 304-6496 Fax Number: ( 970 1_ 304-6497 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: David Bauer Title: County Engineer Company Name: Weld County Public Works Street/P.O.Box: 1111 H Street P.O.Box: 758 City: Greeley State: CO Zip Code: 80632 Telephone Number: ( 970 )- 304-6496 Fax Number: ( 970 )- 304-6497 INSPECTION CONTACT Contact's Name: Jay McDonald Title: Supervisor Company Name: Weld County Public Works Street/P.O.Box: 1111 H Street P.O.Box: 758 City: Greeley State: CO Zip Code: 80632 Telephone Number: ( 970 1_ 304-6496 Fax Number: ( 970 )_ 304-6497 CC: STATE OR FEDERAL LANDOWNER(if any) Agency: N/A Street: City: State: Zip Code: Telephone Number: ( )- CC: STATE OR FEDERAL LANDOWNER(if any) Agency: N/A Street: City: State: Zip Code: Telephone Number: ( )- — -4- 12. Prima future(Post-mining)land use(check one): L_ Cropland(CR) ` Pastureland(PL) INH6 I General Agriculture(GA) Rangeland(RL) J Forestry(FR) Wildlife Habitat(WL) Residential(RS) Recreation(RC) Industrial/Commercial(1C) Developed Water Resources(WR) Solid Waste Disposal(WD) 13. Primarvpresent land use(check onj IICropland(CR) _� Pastureland(PL) General Agriculture(GA) Rangeland(RL) Forestry(FR) Wildlife Habitat(WL) 6..� Residential(RS) Recreation(RC) Industrial/Commercial(IC) Developed Water Resources(WR) 14. Method of Mining: Briefly explain mining method(e.g.truck/shovel): Excavation 15. On SiteProcessino: 17 1 Crushing/Screening 13.1 Briefly explain mining method(e.g.truck/shovel): Crusher and screens List any designated chemicals or acid-producing materials to be used or stored within permit area: None 16. Description of Amendment or Conversion: If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s). Weld County requests a change from the originally permitted reclamation use as 'recreation' to use for 'water storage'. Mining at the Geisert is nearly complete; ongoing augmentation and pumping costs are high. To reduce taxpayer expense, the County proposes to contract out slurry wall construction of the perimeter of the east and west pit area and offer the site to water providers for water storage. Uetalls of conversion to water storage would be designed and built by others to their specific needs. Weld County also proposes to adjust parcel boundaries to cleanly separate the water storage portions of the site. 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 I -Notice Requirements(sample enclosed) Rule 6.5 Geotechnical Stability Exhibit(any required sections) The instructions for preparing Exhibits A-S,Addendum 1,and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.6.2(1)(b)of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required, or would like to schedule a pre-application meeting you may contact the Office at 303-866-3567. Responsibilities as a Permittee: Upon application approval and permit issuance,this application becomes a legally binding document. Therefore,there are a number of important requirements which you,as a permittee, should fully understand. These requirements are listed below. Please read and initial each requirement, in the space provided,to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office for a full explanation. y II 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; - 6 - 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terms or conditions of this permit,the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties,to you as permittee can result; 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; De5. It is your responsibility to notify the Office of any changes in your address or phone number; 7 15• 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 the following information (Rule 3.1.12): */�" 4164:W el — Ste C<I✓ a. the name of the operator; 12� )ern.:We / 4--C' a1Q GH i h �-/ 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. A7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly p visible and adequate to delineate such boundaries prior to site disturbance. p8. 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. 1( a 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 /�i responsibility. N// 1 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)(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. 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 /5 day of it/fa/WA , 2Q (/. well Giant 614 t"t� 2 LS If Corporation Attest(Seal) Applicant/Opp foror Company Name Signed: 02-1,t�' / t Signed: Corporate Secretary or Equivalent Title: CO q Lt *,-j Town/City/County Clerk State of CO 16 r��-��V/ ) ss. County of (A?e I A The foregoing instrument was acknowledged before me this /5 day of in a« 4` (-)90/ by :,rid_ GetU,ete__ as Cow.t.-‘-‘1 Enc;tie-e of it L f.c Ltx:eko -{)z-c.:,7- . SHARON •; Notary Public BENSON 5/at/2cit '/ :O My Commission expires: pr 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 Public works whose address and phone number is(Address and Phone Number of the Applicant/Operator) 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: I,r hereby�`certify that I posted a sign containing the above no ce for the proposed permit e‘. own as the (Name of Operation) Gel n'Y on (Date Posted) 3 / SIG A RE DATE Rye°Idled At I. W:1.l 't l' ee t 1k 1,(1.19 0:.'/I '— II: 16: 19 �SO.• I 7 r �"L • r Kr.nth"'\I di) I EIIR KC II-1 N, Cl f•I< h RE CIO I(, I I) , "'4 ,� lI'Ell'fd/ill/ (Deed f. 1 -'<' ^ c' IIII\ lel l0 ., ,l ,OM rs dot,r eel the ,,, p,ntu•rn firm mimed helm. Inn Reclined any m n tether . .Iu,nrrnt. iner y^: Orin',it ,. Ow Renewers 1 11.'111Ithe, Ind.,ndld!.1 <nnlo(.111nn1 tl P Il.Vlma.h. +i nr nlhr• rem ii‘or.) } ti ne' n..u..i le. • I. d. e\\It SR to,the in,ti ,du,di.I or emlt\I ors)named beton s C,R\LII I x[" I hi-t.':\\I i tR lee o-h\ .ell.clod,on%r's,Ow propene, le eh,'(,R•\h'I I I and Ihr CRA\'Mk warrant.Ihr tale to _ the',tenons es ept inn illthe lirnnt elm Rrnrr,sl pinprll\ !.w•.Roe the sear of l his deed nhr,h rhr c,R 1\I II k•'-' s`} \soil r.n I.'h .c,\ easements and ,ielrle, nLnas e,',Irn,rd In ,r,weird eNrumenls (II any nanny r \.ii ism, 7,-- . ii,I. . Who,III.nn r..il.Lmllnsc ntntr(dl meowed..hnnn of r,•,ord l Sl,Im prole(lest-,o\roam.Ana 1 Str:' .;'... _ . I,,.n,.1..•o,...I i...•.al eh!,II.al)s .rl.lole,t.d moon-she,.n helots. ender '\ddll,en.It\\du,Inl, I sot rot,.... • �`...i:- the.Inv doc trims of this deed are• GRANTOR: .�............ ..,.... ....,., ..n f Richard Geisert and Francis Goisert - • •,,. -,Ns GRANTEE: .... ,.e...... .ter,,,.,. „iii.,. in,i,. ."..n...''i', •i n.,,nt,. ..,.,.u",.II : :r;.2._. County of Weld, State of Colorado, a body corporate and politic .Y?\ 915 10th Street, Greeley. Colorado y � •.,1 .,neon ....,n.,.r•a n. .. Tr..) n.n mr. Pk u. AM&.n tow'on m c- - f 'cz;r•.^' PROPERTY DESCRIPTION: ii.,. ... ...,,,..'. '_§.•'•w."I- SEE ATTACHED EXHIBIT "\" - _ \ _ _ ,fist-....., n clef ..... .. ........... ... 1......I n.l' . unF...-L.. ti.. RESERVATIONS•RESTRICTIONS:'•t•h.,.,ssnn'.n......... .. ..a.l,. .„., ,n...M..Man Per i.n, r" .m d..,h''ow u .,.•"....., . ,en%u,...r,. .n ..n.. .nn,...en.n..Ao-,.MiX XII r • .:Cr .ADDITIONAL.*RRANTY EXCEPTIONS: tr.r... . lie+....n,.,lAnd ea".-n.a.t...me reel.-nl.leis.I • - . .. get4 met N:‘,.3. � JO. r - ae . KOL:G . ..,/ la' r r'-- coal-747 „ fC vs - L i, 1-C=:-.l ,:2/ .1)&< I. CIC/ 3 c`1 ' ,,.e;i:� _�;,_ S.em•d on_ Cblu r �_ In 82 _ it (- - r. `tf - .\nr.l cantor .1',. Grantor ' s t: ^''^�'• t- ‘,I All Or COLORADO 1 y' .'.1 fOIIN TY OL Weld 154 __---- Grantor _. hl,• !he tnmeo,ns instrument was acknowled¢rd before n,e Oils 12th day of February . 19 82 �. _. -.14 r bs. `'-.'rt r.E' Gary R. Sears as attorney-in-fact far Richard Ge15e r[ and Francis GelaerG - `. ''per:>° \',I INI SS my hand anti nhl(lal seal ' / ', meta r:tf':.,'t tire-L_R.�a_ ',t' Nf Jl 't2! A K.' :u.. [?u. \t1'commission a;OII% 2 ++-�� j, x August J, 1984 Norms Public }V.„:,;r. STAN (11 1 1221 8th Ave., Greeley, CO 80631 s ii ` `�-..�, COUNTY(IF ) •' • :�•Pay�,,I' Ihr tnriRoing Instrument was a,knnwledeed before one this day of . 19 '':- . .,.y•. by :'N -• 1U1-1-:%.:, WI INC CS my hand and official seal "•,�; • ' Nis i nniml noon expired _� `�' N,II.iny Public `WI... - to/)UPDATE LEGAL FORMS r -' t - NO ;m • •F • • • EXPINIT "A" P 0`:; + Pi l, O1;1f7309'7 0.2/12/o2 11, 49 $0.00 7/097 ;°,!;,.`; MAkl ANN I Fill 1<cFF IN, CLLRK A REC11k0ER. WELD MINTY, CO ry . 6{A All chat part of the NE 1/4 SW 1/4 and the NW 1/4 SE 1/4 and the NE 1/4 SE 1/4 -, Section 31, Township 6 Notch, Range 65 West of the 6th Principal Meridian, Weld 1 .r4- County, Colorado, more specifically described as follows: Considering the East line of said Section 31 to bear South 00'00'00" East and with all other bearings - . described herein being relative theteto, and beginning at the E 1/4 corner of said Section 31, thence South 00°00'00+' East along the East line of said Section - 31 a distance of 881.37 feet to a point, thence North 89'32'30" West a distance of 653.72 feet, along the line described in Book 414 at Page 484 of the Weld County Records, thence South 0'13'50" East a distance of 197.38 feet, thence _ ' South 73°12'52" West a distance of 162.50 feet, thence North 55'42'00" West a• ;••Sc-',; distance of 300 feet, thence North 13°37'00" West a distance of 335 feet; thence r. North 30°79'00" West a distance of 353 feet, thence South 52°33'00" West a -.,- distance of 270 feet, thence South 36'23'00" West, a distance of 478.07 teet; - • thence South 44°51'10" West, 278.53 feet to a point where said line intersects • ),r;;, the North bank of the existing channel of the Cache La Poudre River; thence South 71°07'20" West a distance of 222.20 feet; thence South 82'21'20" West a ^, `-? distance of 262.48 feet until said line intersects the North line of that parcel ;,Iwj;,r of land described in Book 373 at Page 463 of the Weld County records, thence North along the North line of said parcel North 85°53'00" West a distance of 687.85, thence North 55°22'10" West a distance of 77.24 feet, thence North 't•� 65°16'30" West, a distance of 129.80 feet, thence North 87°57°50" West a distance ,;,,,-- of 208.50 feet, thence South 75°35'50" West a distance of 170.90 feet, thence f. 5< South 89'18'50" West a distance of 271.80 feet to a point where said line inter- h • "‘." sects the West line of the NE 1/4 SW 1/4 of said Section 31, thence North k'. 01°11'10" East a distance of 1073.76 feet along the West line of the NE 1/4 9- ' _ ' 9' SW 1/4, thence South 89'53'40" East a distance of 3970.88 feet along the North x . ; 4i5_. line of the NE 1/4 SW 1/4, and the NW 1.'J SE 14, and the NE. 1/4 SE 1/4 to the •e t- point of beginning. � ' Said parcel includes Irrigation Well Reg. P29-11874, R.F. 200", forming a part �°- of the Latimer-Weld Augmentation Plan. .*I".41--' a portion of said description is also known as a part of Lot 1, Block 178, • L _ ' City of Greeley, Weld County, Colorado. • ti V• r}.. . ycr4 -br10,n L^r' ri Iis -yAfi+�.. d`. ' 1 S..`p,.�x• N l3 �{ ---,t- - -. 4j.rtiywr, ^r,r.+;"yq::;,4 ti, 7,:-.."'„,.`.‘t1/4:- 2 r r...-..Y .fr-.._ s..^. .` y`.. ,1. .. • • • • LEGAL DESCRIPTION • All that part of the Northeast Quarter of the Southwest Quarter and the Northwest Quarter of the Southeast Quarter and the Northeast Quarter of the Southeast Quarter of Section 31, lbwnship 6 North, Range 65 West of the Sixth Principal Meridian, Weld County, Colorado, more specifically described as follows: Considering the East line of said Section 31 to bear South 00° 00' 00" East and with all other hearings described herein being relative thereto, and beginning at the East Quarter corner of said Section 31, Thence South 00° 00' 00" East along the East line of said Section 31 a distance of 881.33 feet to a point, Thence North 89° 32' 30" West a distance of 653.72 feet, along the line described in Book 414 at Page 484 of the Weld County Records, Thence South 00° 13' 50" East a distance of 197.38 feet, Thence South 73° 12' 52" West a distance of 162.50 feet, Thence North 55° 42' 00" West a distance of 300 feet, Thence North 13° 37' 00" West a . distance of 335 feet; Thence North 30° 39' 00" West a distance of 353 feet, Thence South 52° 33' 00" West a distance of 270 feet, Thence South 36° 23' 00" West, a distance of 478.07 feet; Thence South 44° 51' 10" West, 278.53 feet to a paint where said line intersects the North bank of the existing channel of the Cache La Poudre River; Thence South 71° 07' 20" West a distance of 222.20 feet; Thence South 82° 21' 20" West a distance of 262.48 feet until said line intersects the North line of that parcel of land described in Book 373 at Page 463 of the Weld County records, Thence North along the North line of said parcel North 85° 53' 00" West a distance of 687.85 feet, Thence North 55° 22' 10" West a distance of 77.24 feet, Thence North 65° 16' 30" West, a distance of 129.80 feet, Thence North 87° 57' 50" West a distance of 208.50 feet, Thence South 75° 35' .50" West a distance of 170.90 feet; Thence South 89° 18' 50" West, a distance of 271.80 feet to a point where said line intersects the West line of the Northeast Quarter of the Southwest Quarter of said Section 31, Thence North 01° 11' 10" East a distance of 1073.76 feet along the West line of the Northeast Quarter of the Southwest Quarter; Thence South 89° 53' 40" East a distance of 3970.88 feet along the North line of the • • • • • • Northeast Quarter of the Southwest Quarter, and the Northwest Quarter of the Southeast Quarter, and the Northeast Quarter of the Southeast Quarter to the point of beginning. Said parcel includes Irrigation Well Reg. #29-11874, R.F. 200, forming a part of the Larixer-Weld Augmentation Plan. • • GEISERT PIT AMENDMENT Amendment of 112c Reclamation Permit #1978-210 for Change of Reclamation Use from Recreation to Water Storage February 2011 Revised April 2011 Prepared For Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 215 Denver, Colorado 80203 Land Owner Weld County Public Works Department 1111 H Street Post Office Box 758 Greeley, Colorado 80632-0758 Operator Weld County Public Works Department 1111 H Street Post Office Box 758 Greeley, Colorado 80632-0758 Exhibits List EXHIBIT A - Legal Description Property Owner: Weld County 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. EXHIBIT N—Source of Legal Right—To—Enter M:\DAVE B\Geisert Pit\DAMS Permit Amendment\Geisert Amendment Application&Exhibits Revised 4-14-I I.docx 4/18/2011 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 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\Geisert Pit\DRMS Permit Amendment\Geisert Amendment Application&Exhibits Revised 4-14-I 1 docx 4/18/2011 EXHIBIT A - Legal Description 13825 L1-2 & PARTS OF LOTS 3 AND 4 IN THE NE QUARTER OF THE SW QUARTER OF SECTION 31 TOWNSHIP 6 NORTH, RANGE 65 WEST, NORTH OF THE OLD CHANNEL OF THE CACHE LA POUDRE RIVER, AND LOTS 1 THROUGH 4 IN THE NW QUARTER OF THE SE QUARTER OF SECTION 31 TOWNSHIP 6 NORTH, RANGE 65 WEST, LYING NORTH & WEST OF THE CACHE LA POUDRE RIVER EXCEPT PART OF LOT 3 NORTH OF THE OLD POUDRE RIVER BED & SOUTH OF THE NEW CHANNEL, AND RSUC L1 RS-1023 RESUB OF UNION COLONY LAND OWNER: Weld County Public Works Department 1111 H Street Post Office Box 758 Greeley, Colorado 80632-0758 THE PROPERTY CAN BE ACCESSED OFF THE WEST SIDE OF 1 lth Avenue, Greeley, CO THE SITE ACCESS IS LOCATED AT 3222937.71, 1405868.04 OR 40.26.687 DEGREES NORTH, and-104.41.941 DEGREES WEST. THE CENTROID OF THE GEISERT GRAVEL PITS IS LOCATED AT: 3220664.44, 1405345.63 OR 40.26.603 DEGREES NORTH, and -104.42.331 DEGREES WEST. M.\DAVE B\Geisert Pit\DRMS Permit Amendment\Geisert Amendment Application&Exhibits Revised 4-14-11 docx 4/18/2011 EXHIBIT B - Index Maps Regional Index Map 4 . 1 — 4--ttaa r ' T 1 4 .*w .° ,fir` �.--^ f j i.Y 3 } L t {. IIyYY 4 f } { Y^ 111—'-'11.47 aM1 �` �. I 4 guA-� v�. V. - �Y h n rl 1 - -, rt 85 -- t �fi I t - ^�^� .l 1 I .ifl L 4 ,144'..,,i,.,-;,,V8 � �.. l I • �r" Y 6.5,!'1 I 1 of �.V .a � f .� I +� �; � Geisert Pit R ' z8 C tt r48 r1,, . """S �.. r ., I �� 1 .t"' .M £.$? ' rL 17-';',4,-C-, a - lu � �1r 1 :4± ,�" r ` t1EP' � - "s 4 M-yam,t ..1. M. Vii- ; f, �. lei' r. '+" ',ip -let--V /r GREELEY Ir r I j t_;. �!� �IM1 a t•q 1 So.Platte River E.,.frs fu I I at i. eR sit f z r It V k � L � i p �.x` r T i. I t • --,,,r-,- 7 t r41 .ielk r • cam: Y" ( f k t t r _ c k � I I` i £ q � �.� —rll 7.:1,1.1% . r� 13 a F t :,,a f n 1.7 i t _Lit See below excerpted from Weld County GIS. M:\DAVE B\Geisert Plt\DRM$Permit Amendment\Geisert Amendment Application&Exhibits Revised 4-14-11 docx 4/18/2011 Local Index Map q. __. <2 MILES> ' ',..... 1 STATE HIGHWAY 85 TOWN of WINDSOR . . i-. ._ _ _ n_, il .. . ',_. Geisert Pit _.. L_v 1 T 1l' _ ) / ll # t '•, CITY of GREELEY kJ..' -{ ' ' £ 1 . 'L., 4 1 e• r • . • 1 , _ y M\DAVE B\Geisert Pit\DAMS Permit Amendment\Geisert Amendment Application&Exhibits Revised 4-14-11.doex 4/18/2011 EXHIBIT C - Pre-Mining and Mining Plan Maps of Affected Lands Mining at the Geisert site began in 1978 and is nearly complete. The current configuration of the site is shown on the enclosed map(Exhibit C). M.\DAVE B\Geisert Pit\DRMS Permit Amendment\Geisert Amendment Application&Exhibits Revised 4-14-11 doex 4/18/2011 EXHIBIT D - Mining Plan a) Mining Schedule-Mining began on the Geisert site in 1979 and is nearly complete. Stockpiles of processed materials are anticipated to be stored onsite in the east stockpile area through 2012. In the future,the stockpile area will continue to be utilized by Weld County to stockpile gravel, riprap, fencing, etc for use on Weld County roads. b) Topsoil thicknesses at the Geisert site were thin, typically less than 6 (six) inches. Limited topsoil has been stockpiled at the site, the County has the ability to make or import additional topsoil should it be needed for reclamation of the surface areas. c) The gravel deposits at the Geisert site are alluvial stream channel deposits associated with the Cache La Poudre River. Minimal stockpiling of overburden has been needed; the waste materials were utilized as generic fill by the County for County road construction projects. d) The estimated thickness of gravel-bearing zones varied from between 20 and 60 feet thick at the Geisert site. e) The enclosed Site and Mining Plan Map (Exhibit C) shows the current configuration of the existing gravel pits, reclaimed areas, mitigation wetland, and access road for the Geisert pit. Gravel processing (crusher and screen locations), and soil and gravel product stockpile areas are located at the east end of the site. f) The entire Geisert site encompasses 99 acres. The area proposed for slurry wall installation encompasses the two existing ponds with an area of 54.3 surface acres. g) The gravel excavation, processing and stockpiling areas are accessed from H Street, Greeley. h) There are surface water impoundments directly north of the Geisert East and West pits proposed for slurry wall installation. - The "L-shaped" pond (Area B) is a mitigation wetland constructed from a mined out area by Weld County at the direction of the U.S. Army Corps of Engineers. Release of this Area B mitigation area (26.57) is requested. - The adjacent Hiner gravel pit, still under DRMS permit #M-1977-151. It is privately owned and is currently utilized as a recreational "ski" lake. - Water for dust control at the Geisert site has been obtained from a County-owned well located at the west end of the mining permit area. The Geisert dust control well is covered under a Substitute Supply Plan with the State Engineer's Office. i) The existing Geisert gravel pits intersect groundwater. The adjacent Hiner pit intersects ground water. The Geisert pits proposed for slurry wall lining are also in hydraulic communication with the Cache La Poudre River. The Geisert site does not lie in a Designated Ground Water basin (per Colorado Division of Water Resources, Office of the State Engineer). j) It is anticipated that slurry wall installation at the Geisert 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 to protect the adjacent areas runoff and sediment during slurry wall installation. k) Any onsite generated trash will be collected and disposed at the adjacent County Public Works facilities. 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 Geisert slurry wall site to prevent release of mined area runoff M:\DAVE B\Geisert Pit DRMS Permit Amendment\Geisert Amendment Application&Exhibits Revised 4-14-11 docx 4/18/2011 and sediment. MSHA-approved open excavation, trench, and fall protection safety measures will be installed as needed. During and following slurry wall installation, side slopes in the pit not already at 3H:IV will be graded to 3H:1 V or flatter. m) Rock crusher and screening machinery currently on-site may continue to be stored in the "gravel processing and stockpiling"area shown on the enclosed map (Exhibit C). n) No secondary commodities are anticipated to be extracted or produced at the Geisert site. No asphalt plant or concrete batch plant is planned for the Geisert site. o) Gravel and sand extracted from the Geisert site has been utilized by Weld County Public Works Department for repair and maintenance of local County roads and other County construction projects. This is a County-operated gravel pit; no commercial gravel and sand sales will occur. M:\DAVE B\Geisert Pit\DRMS Permit Amendment\Geisert Amendment Application&Exhibits Revised 4-14-11.docx 4/18/2011 EXHIBIT E - Reclamation Plan a) Site stabilization and reclamation of mined out areas is mostly completed. Once the slurry wall is constructed, the remaining material in the East and West Pits will be mined and processed to make gravel for Weld County roads. It is expected that the mining operation will continue for another 3 to 5 years following construction of the slurry wall. Area A (11.64 acres) contains the Weld County Public Works salt shed, road grader training course, and the Weld County fueling site (jointly used by Weld County and Greeley). This area has been reclaimed to its final configuration as an industrial developed use and is requested to be released from the DRMS permit area. Area B (26.57 acres), the mitigation wetland constructed under supervision of the U.S. Army Corps of Engineers, has also been reclaimed to its final configuration and is request to be released from the DRMS mining permit. Area C (70.81 acres), the East and West Geisert Pits, are proposed for reclamation as developed water storage, stockpile area, and dust control well. Slurry wall installation around the East and West pits (54.32 acres) will commence upon receipt of approval of this Amendment request from the Colorado Division of Minerals and Geology. Following installation of the slurry wall around both pits, the site will be offered for sale to a local water provider (special district, town, or irrigation company). Final configuration and reclamation of the Geisert ponds will be dependent on the water storage design needs of the purchaser. The final water storage configuration will likely include inlet and outlet works, pumps and piping, fencing, and other water storage and handling engineered facilities. The most likely location for the future pump house has been shown on the Reclamation Plan Map (Exhibit F). b) Reclaimed slopes interior to the Geisert East and West pits will be graded at a maximum of three to one (3:1) horizontal to vertical or as approved by the Division upon submission of final water storage designs as proposed by the site purchaser/future water storage property owner. c) Reclaimed areas will be stabilized by: i) Re-grading on areas of the site where slurry wall installation has been completed. ii) Replacement of topsoil in thicknesses equal to or exceeding the original topsoil depths originally 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)Mulch application may be concurrent with seeding (hydro-seeding or drill and crimp). Mulch may include straw and tackifier. v) The existing Poudre River trail will be replaced if damaged during slurry wall installation. d) The Geisert mining access to H Street (see Exhibit C) will be left as-is following completion of slurry wall installation and cessation of mining for use by the future water storage property owner. e) Prior to slurry wall installation, the County's existing Geisert dust control well will likely need to be relocated outside of the proposed slurry wall boundary so that future water pumping may continue. The power line and associated poles servicing the Geisert well will be temporarily relocated. That power line services only the County's well. e) The Geisert site had little overburden materials, any overburden from the Geisert site has been utilized by Weld County Public Works Department for construction of local County roads and on other County construction projects. f) The slurry wall will cost approximately $2.8 million. The cost of the to-be-constructed water storage facilities(outlet works, pumps, meters, and piping, fencing) is unknown and will be completed by the future purchaser of the facility. Reclamation and seeding estimated costs: Under$30,000. M\DAVE B\Geisert Pit\DRMS Permit Amendment\Geisert Amendment Application&Exhibits Revised 4-14-11.docx 4/18/2011 EXHIBIT F - Reclamation Plan Reclamation Exhibit F shows the proposed reclamation of the Geisert site with gravel pits converted to water storage and the location of the proposed slurry wall. Area A has been reclaimed and now is the location of the Public Works sand- salt shed, grader training course, and fueling site. Area B has been reclaimed and is a wetland mitigation site as required by the U.S. Army Corps of Engineers. Area C is the proposed for reclamation as water storage via slurry wall installation. Following completion of slurry wall installation, reclamation final grading will stabilize the ground surface along the perimeter of existing East and West Geisert gravel ponds. Any damaged sections of the existing Poudre Trail will be replaced. Appropriate fencing for the safety of the public using the trail will be installed. No overburden handling will be needed. The average thickness of overburden at the Geisert site has been minimal, overburden and excavated soil materials unsuitable for County road construction projects have been used as generic fill or to backfill excavated areas and re-grade the internal pit slopes at the Geisert site. 7.5 acres east of the slough was previously released by DRMS on November 4,2002. 2.97 acres along the south and west sides of the mine site along the Poudre River Bike Trail have previously been released by DRMS on May 28,2003. 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I ill. • DI ., 05; , P A rilk tit 1 • 4 E w - 1-I 9 AS, aM - T. vy - ic i , 1 . . • t / glimipisoor 0 .r 1 L.a ir a - 1. . . c `�3t t • • ... yy",fit- •S• .7.41' L I0 Of: asormamarneasaelmolinabr 41.--; 74 .41/4% 11 1` • L (...... * t LS . • ,_ ..........) -11 I s .c- • 1 ' { - — EXHIBIT G -Water Information Water Resources The site lies within the Cache La Poudre River FEMA-designated floodplain. The existing East and West Geisert ponds lie within the floodway. The Cache La Poudre River channel lies immediately to the south of the existing Geisert ponds proposed for slurry wall installation. There are existing surface water impoundments at the Geisert site(See Exhibit C). There are surface water impoundments directly north of the Geisert East and West pits proposed for slurry wall installation. • The 26.57 acre"L-shaped"pond (Area B) is a mitigation wetland constructed from a mined out area by Weld County at the direction of the U.S. Army Corps of Engineers. • The adjacent Hiner gravel pit, still under DRMS permit#M-1977-151 is privately owned and is currently utilized as a recreational "ski" lake. • Water for dust control operations conducted by Weld County at the Geisert site has been obtained from a County-owned well located at the west end of the mining permit area. This Geisert dust control well is covered under a Substitute Supply Plan with the State Engineer's Office, conversion of the SSP to a permanent augmentation plan through the Water Court is in process. • At the east end on the Geisert site,there is a return"slough"connecting the Area B mitigation wetland pond to the Cache La Poudre River. Groundwater The East and West Geisert pits intersect groundwater in their currently un-lined condition. By definition,the North Greeley area groundwater piezometric surface intersects the water surface of the Cache La Poudre River. Regionally, on both sides of the river,the groundwater gradient in the Poudre River valley slopes easterly toward the confluence of the Poudre and South Platte Rivers. South of the Poudre River,the groundwater gradient slopes generally towards the river(northward). Due to the presence of the Poudre River channel, groundwater levels and gradients south of the river will not be affected by any groundwater changes on the north side of the river. North of the Poudre River,the groundwater gradient slopes generally towards the river(southward). In the vicinity of the Geisert site,however,the groundwater gradient is interrupted by the presence of the Hiner gravel pit lakes and the Geisert mitigation wetland. The Hiner gravel pits adjacent to the East and West Geisert pits intersect ground water and are currently in communication through the pit walls. The mitigation wetland (Area B) at the Geisert site will not have a slurry wall lining. The location of the wetland and its direct down-gradient connection to the Poudre River via the existing slough will allow equalization of water levels between the Hiner ponds,the wetland, and the Poudre River. - The proposed lining of the East and West Geisert pits(Area C)will not have a significant groundwater"mounding" impact since the adjacent open-surface pit lakes and the river itself will prevent mounding. With the East and West Geisert pits in the un-lined condition,river water infiltrates the river bed and banks and flows through the Geisert pit walls into the pits. Installation of the Geisert slurry walls will reduce river losses to the pits. M:\DAVE B\Geisert Pit\DRMS Permit Amendment\Geisert Amendment Application&Exhibits Revised 4-14-11.docx 4/18/2011 EXHIBIT H—Wildlife Information Wildlife The Geisert site is currently an active gravel pit. Due to the proximity of the County Public Works facilities, trucking, and Greeley urban development,minimal wildlife are found at the Geisert site. No large trees are present to offer roost or nesting sites for birds. No prairie dog holes are found at the site. Due to the on-going gravel mining, processing, stockpiling, and trucking activities, significant vegetative cover and forage do not currently exist at the site. Following slurry wall installation and construction of water storage facilities, surface activities and disturbance of the Geisert site will significantly decrease. Water levels in the lined Geisert ponds will likely fluctuate seasonally preventing the establishment of suitable wildlife habitat. M:\DAVE B\Geisert Pit\DRMS Permit Amendment\Geisert Amendment Application&Exhibits Revised 4-14-I I.docx 4/18/2011 EXHIBIT I—Soils Information Soil Description Soils at the Geisert gravel pit site are described on Sheet 8 of 43 in the Soil Survey of Weld County, Colorado— Northern Part published in 1981 by the Soil Conservation Service. Surface soils at the Geisert gravel pit site include Argiustolls loam, fine sandy loam, and silt loam(unit 3). These soils are deep,well-drained dark colored soils with variable clay content. The Argiustolls have moderate wind and high water erosion potential. The Argiustolls soils are suitable for rangeland pasture where livestock are managed to prevent overgrazing. The Geisert site may also have originally contained soils of the Avar-Manzanola complex(unit 10). The Avar soils are poorly drained fine sandy loams formed in calcareous alluvium. Wind and water erosion potential is moderate. The Avar-Manzanola soils are suitable for non-irrigated rangeland pasture where livestock are managed to prevent overgrazing. The 1981 soil survey also identifies the areas of Argiustolls loam and Avar-Manzanola complex as poor sources for roadfill material;however,these surficial soils overly the more sandy and gravelly floodplain deposits of the Cache La Poudre River. • M:\DAVE B\Geisert Pit\DRMS Permit Amendment\Geisert Amendment Application&Exhibits Revised 4-14-11.docx 4/18/2011 EXHIBIT J—Vegetation Information Vegetation Description The Geisert site was previously dry pasture. Mining since 1978 has removed the native surface vegetation. Willows and some grasses are present. The mitigation wetland area of the site has a mix of riparian and wetland species per requirements of the U.S. Army Corps of Engineers. No large trees are present on the Geisert site. M:\DAVE 6\Geisert Pit\DRMS Permit Amendment\Geisert Amendment Application&Exhibits Revised 4-14-1 t.docx 4/18/2011 EXHIBIT K—Climate Information Climate Description The climate at the Geisert 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 coming from localized convection cell thunderstorms. Winter precipitation comes in the form of snow and rain. M:\DAVE B\Geisert Pit\DAMS Permit Amendment\Geisert Amendment Application&Exhibits Revised 4-14-I I.docx 4/18/2011 EXHIBIT L —Reclamation Costs Reclamation Costs: Overburden and excavated soil materials unsuitable for road construction have been used to backfill excavated areas and for re-grading to stable slopes. Available stockpiled topsoil will be placed on re-graded areas prior to re- seeding with approved plant type seed mixes. Final site reclamation costs do not include the cost of conversion of the site to water storage. The slurry wall will cost approximately $2.8 million. The cost of the to-be-constructed water storage facilities(outlet works,pumps, meters, and piping,fencing) is unknown. It is anticipated that native dry land grass seed and mulch application will be required on the remaining non-pond areas. It is anticipated that final grading and placement of topsoils followed by re-seeding will cost less than$30,000. M:\DAVE B\Geisert Pit\DRMS Permit Amendment\Geisert Amendment Application&Exhibits Revised 4-14-11.docx 4/18/2011 EXHIBIT M—Other Permits and Licenses List of Other Permits: 2. The proposed slurry wall installation of the Geisert Gravel Pit operation will comply with Weld County zoning regulations. a. Application for an Amended Use by Special Review(AmUSR)permit will be submitted for approval 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 4. Amended Flood Hazard Development Permit 214 has been issued for the gravel mining operation occurring at the site. 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:\DAVE B\Geisert Pit\DRMS Permit Amendment\Geisert Amendment Application&Exhibits Revised 4-I4-11 docx 4/18/2011 EXHIBIT N- Source of Legal Right—To - Enter The Geisert site is owned by Weld County, we grant ourselves Right To Enter. M:\DAVE B\Geisert Pit\DRMS Permit Amendment\Geisert Amendment Application&Exhibits Revised 4-14-11.docx 4/18/2011 EXHIBIT 0 —Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined The Geisert site is owned by Weld County. Subsurface minerals are owned by: • The Colton Company D-204 Petroleum Center San Antonio, TX 78209 • The Sunshine Valley Petroleum Corporation 950 Stafford Casper, WY 82609 • Energy Minerals 1616 Glenarm Place Denver, CO 80202 M:\DAVE B\Geisert Pit\DRMS Permit Amendment\Geisert Amendment Application&Exhibits Revised 4-14-I I.doex 4/18/2011 EXHIBIT P—Municipalities Within Two Miles Municipalities Within Two Miles The proposed Geisert Expansion site lies in unincorporated Weld County surrounded by properties annexed to the City of Greeley. M.\DAVE B\Geisert Pit\DAMS Permit Amendment\Geisert Amendment Application&Exhibits Revised 4-I4-11.docx 4/18/2011 EXHIBIT Q—Proof of Mailing of Notices to County Commissioners and Conservation District Please see the attached. M:\DAVE B\Geisert Pit\DRMS Permit Amendment\Geisert Amendment Application&Exhibits Revised 4-14-I I.doex 4/18/2011 1 86 1 - 2 0 1 1 PUBLIC WORKS DEPARTMENT 1111 H STREET, P.O. BOX 758 GREELEY, COLORADO 80632 �►. i WY WEBSITE: WWW.CO.WELD.CO.US W E L 0 N T Y PHONE (970) 356-4000, EXT. 3750 FAX: (970) 304-6497 April 19, 2011 Weld County Board of County Commissioners P.O. Box 758 915 10th Street Greeley, CO 80632 Re: Weld County Public Works' Geisert Gravel Pit permit#M-1978-210 amendment 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 amendment,pursuant to Subparagraph 1.6.2(1)(c). The proposed Geisert gravel pit reclamation amendment is located on property owned by the County in Section 31, Township 6 North, Range 65 West, directly across the Cache La Poudre River from the Island Grove complex in Greeley. The County intends to slurry wall the Geisert pit and amend the permitted reclamation use from Recreation to Developed Water Resource (water storage). 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, Clay Kimmi, P.E., CFM County Engineer- Development —. Received by: -o C) W.Z „� C� .� eoe� 4/-/9-zoi� o' Name Date °- Enclosures M:\DAVE B\Geisert Pit\DAMS Permit Amendment\Transmittal geisert Amendmnt docs to Weld Clerk to BOCC.doc EXHIBIT R—Proof of Filing with the Weld County Clerk and Recorder Please see the attached. M:\DAVE B\Geisert Pit\DRMS Permit Amendment\Geisert Amendment Application&Exhibits Revised 4-14-I l.docx 4/18/2011 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 ga day of 4414.:1 2011. • IEL f6, ' �.•n,; �� CLERK TO THE BOARD ••I,! DEPUTY CLERK TO THE BOARD M:\DAVE B\Geisert Pit\DRMS Permit Amendment\Geisert County Clerk Notice.docx • EXHIBIT S —Permanent Man-Made Structures A City of Greeley water pipeline transects the Geisert property. The approximate pipeline alignment runs North— South between the East and West Geisert gravel pit ponds. Other permanent man-made structures within 200 feet of the Geisert slurry wall site include the existing County- owned dust control well, active and reclaimed gravel mine pits owned by Bucklin Equipment Company, R. M. Hiner Construction Company,the City of Greeley, the Island Grove Park and rodeo complex owned by the City of Greeley and in part by Weld County, the Weld County Public Works office and equipment yards. There is one residential property with a single family home located 340 feet south west of the southwest corner of the Geisert property. The home itself is located 448 feet south west of the proposed slurry wall. The dead end of 215' Street Greeley is located 438 feet southwest of the southwest corner of the Geisert property. The end of 21' Street Greeley is located 530 feet south west of the proposed slurry wall. A power line with poles extends approximately east west from H Street Greeley to the County's Dust Control well #1 located at the northwest corner of the West Geisert Lake. The power line serves no other user except the County. Slurry wall construction will likely extend through the well location requiring that the well be re-located outside of the slurry(moved to the west). M:\DAVE B\Geisert Pit\DRMS Permit Amendment\Geisert Amendment Application&Exhibits Revised 4-14-11.docx 4/18/2011 EXHIBIT T. -Proof of mailing notices of Permit Application Please see the attached. MI\DAVE B\Geisert Pit\DRMS Permit Amendment\Geisert Amendment Application&Exhibits Revised 4-14-11.docx 4/18/2011 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\Geisert Pit\DRMS Permit Amendment\Geisert Amendment Application&Exhibits Revised 4-14-11.docx 4/18/2011 Hello