HomeMy WebLinkAbout20110206.tiff • ati oti 'co'o DEPARTMENT OF NATURAL RESOURCES
a o DIVISION OF WATER RESOURCES
f
* Bill Ritter,Jr.
*1876 * Governor
Mike King
Executive Director
Dick Wolfe,P.E.
Director/State Engineer
December 8, 2010
Chris Rundall, PE, LEED AP
Division Manager
www.baselinecorp.com
RE: A Site Specific Development Plan and Use by Special Review Permit for a Mineral
Resource Development Facility including Open Pit Gravel Mining (Borrow Mine) in
the A (Agricultural) Zone District (Division of Reclamation Mining and Safety Permit
no. M2010-055)
Case No. USR-1767
NW1/4, Sec. 11, T10N, R62W, 6th P.M.
Water Division 1, Water District 1
• Dear Mr. Rundall:
According to the submitted information on December 7, 2010, the proposed source
of water to supply the project water requirements for dust control is estimated at 6.2 acre-
feet per year from well permit no. 69713-F. The proposed use is consistent with permitted
uses for this well. The permitted withdrawal of ground water from well permit no. 69713-F
shall not exceed 33 acre-feet per year and is more than the estimated requirement of 6.2
acre-feet per year.
Should you have any questions in this matter, please contact Justina Farris of this
Office.
Sincerely,
` -�
/��� y7GriV7�*�
Keith Vander Horst, P.E.
Designated Basins Team Leader
KV/JPF
cc: David Nettles, P.E. Division 1 Office
Brent Schantz, Water Commissioner
Permit No. 69713-F
Office of the State Engineer
• 1313 Sherman Street,Suite 818•Denver,CO 80203•Phone:303-866-3581 •Fax:303-866-3589
www.water.state.co.us EXHIBIT
,,
1 /
2011-0206 `o.B
USR.- 116(1
/vi-Coto Colorado Department of Public Health and Environment EXHIBIT
Air Pollution Control Division
`*--4‘
; Permit Processing Fee Invoice
\ - a - 147
* /876 * CUSTOMER BILLING DUE INVOICE
NUMBER DATE DATE NUMBER
9920107777 12/8/2010 1/7/2011 202020797
ATTN: JOEL KONIG
Konig Ag. Co.
37231 HWY 14 E. MAIN STREET
BRIGGSDALE CO 80611
Permit/Application : 10WE2370P.XP
Pursuant to the provisions set forth in the Colorado Air Pollution Prevention and Control Act.The following Fees for processing,
administration and/or enforcement regarding the Air Pollution emission permit/application specified above are due.Other itemized fees may
also be included.
Note:A rate increase became effective 512112008. Permit processing time incurred prior to this date will be assessed under the
old rate while processing time incurred after this date will be assessed under the new rate.
YOUR AIR EMISSION PERMIT WILL BE ISSUED UPON RECEIPT OF PAYMENT IN FULL.
Plant Name: KONIG BORROW PIT
�t Location: NW1/4 Sec 11 T10N R62W
ource Description: Borrow pit mined in 2 phases. Maximum area of disturbance is 17.5 acres.
Description
01 Charges Hours/Qty Rate Amount
Initial Application 5.73 76.45 $438.06
APEN Fees 1.00 S152.90
Public Notice Fees 50.00
Credits/Debits $0.00
Current Charges : $152.90
Page 1 of 2
Please return this lower portion with your payment.Failure to do so may result in your payment being improperly credited to your account.
Please see reverse for address corrections.
9920107777-202020797-5152.90 3.6.8-HRIN-1.2
1 � For Questions or Inquiries
Konig Ag.Co. APCD Hotline In-state long distance
37231 HWY 14 E. MAIN STREET 303.692-3210 1-800-886-7689,ext. 3210
BRIGGSDALE CO 80611
For information regarding payments or to make a CREDIT CARD
Instructions : PAYMENT by phone,please call 303-692-2130
Make Checks Payable To:
Colorado Department of Public Health and Environment CREDIT CARD PAYMENT:If you wish to pay by credit card,please complete the information below.
Name on Card
Remit Payment To:
VISA or MC 4:
;;Ploradc Department of Public Health and Environment
___._
4300 Cherry Creek Drive South Exp. / Security Code:
AR-B1 (last 3 digits on back of card)
r,Co. 80246-1530 Receipt Faxed? Y N Fax#L_,___)_) -
If you do not provide a fax#,the receipt will automatically be mailed to the billing address.
Colorado Department of Public Health& Environment
Air Pollution Control Division
NOTICE OF START-UP
•
THIRTI'-DAY PRIOR NOTICE REQUIRED OF ALL NEW SOURCES
Even with a permit you cannot legally commence operation or conduct an activity for a new source until 30 days after you have notified the
Division of the start-up date(Section 25-7-114.5(12)(a)of the Colorado Air Pollution Prevention and Control Act). In most cases,a permit
is applied for and approved before the anticipated commencement date,so the 30 day prior notice causes no problems. Note:this form is
not a Relocation Notice for portable sources.
If,however you plan to commence your operation or activity as soon as you receive the permit,you should estimate the date you expect to
commence(assuming the permit is approved)and fill out and return this form at least thirty days prior to that date. This will avoid a 30-day
delay between receipt of the permit and commencement.
Notification can be accomplished by completing the form below and returning it to;
Colorado Department of Public Health& Environment
APCD-SS-Bl
4300 Cherry Creek Drive South
Denver,CO 80246-1530
Please contact the Division immediately(303)692-3150 if you have any questions or problems concerning this requirement.
PERMIT NUMf3ER �. ;C CAF._-...'-)`-/E. . Y i
AIRS(AFS)NUMBER:
ADDRESS OR LOCATION:
•ROJECT DESCRIPTION:
Operation of the emission source(s)to which the above permit number has been assigned is expected to begin on
and will be in full operation by
COMPANY APPLICANT'S NAME(PLEASE PRINT)
i/!
PERSON TO CONTACT FOR VERIFICATION OF STARTUP DATE /APPLICAA•'T'S SIGNATURE
TELEPHONE NUMBER OF CONTACT PERSON POSITION OR TITLE
/ //i//
DATE
.\APweb\Down1Qad:orns\Revised₹orms\NoticeStartup.doc Last Rev sed:
:127/2e05
•
EXHIBIT
• Konig Borrow Pit
USR 1767 1 6. a
t,ls - 1 67
Planning Commission Hearing
January 4, 2010
Disputed Issues Summary
1. Fees. Applicant charged fees based upon entire parcel, not "mining permit"
referenced in fee schedule.
Remedy: Recommend refund of fees to 35 acre level to BoCC.
2. Road Dedication. Staff requests dedication of WCR 120 in location different
than historical grant on section line. Re-surveying presents potential cost to
Applicant for County's benefit.
Remedy: Recommend that County pay cost of surveying WCR 120's actual location in
exchange for dedication by Konigs.
3. Required Improvements. Proposed Commission recommendation includes
• statement that improvements "shall include" a paved apron at WCR 81/120
intersection, a"maintenance agreement for"haul routes," and bond on"on-site
improvements." Applicant is negotiating with Staff,but these items remain in
dispute.
Remedy: Recommendation should simply state that "An Improvements Agreement will
be required for this project." §23-3-200(F). Strike excess verbiage regarding"paved
apron,"maintenance agreement, and on-site bonding, since these items are in dispute and
the subject of ongoing negotiation with Staff.
4. Permanent Water Supply. Staff requests permanent water supply for workers.
Permanent water supply is not necessary in this location and may be cost
prohibitive. Temporary or portable water supplies are"adequate water service."
§23-2-240(A)(1).
Remedy: Strike permanent water supply requirement from Commission's
recommendation.
5. Permanent Pit Toilet. Staff requests permanent pit toilet, as opposed to portable
toilet. Permanent pit toilet is not necessary in this location and may be cost
prohibitive. Portable toilet facilities are "adequate sewer service." §23-2-
240(A)(2).
• Remedy: Strike permanent pit toilet requirement from Commission's recommendation.
•
WELD COUNTY PLANNING FEE SCHEDULE
2011
1. Use by Special Review $ 1,200.00
- Single family dwelling units(other than those permitted under Section 23-3.40.A)
- Expansion of a non-conforming use
- Home Business
- Animal boarding as permitted in Section 23-3-40.O
- Bed and Breakfast facility
- Oil&Gas Storage Facilities
- Mobile Home for caretakers
- Accessory Buildings with a gross floor area larger than set forth in Section 23-3-40.P
- Composting Facilities $ 2,415.00
- Confined Animal Feedlot Operation
Less than or equal to 1000 animal units $ 2,415.00
Up to and including each additional 1000 animal unite $ 500.00
• - Sanitary Sewer Facility 1 10,000.00
- Mining Permit •
$5,000.00 for the first ten acres plus$20 per
acre or fraction thereof in excess of 10 acres
- Solid Waste Disposatm 20,000.00
- Hazard Waste Disposal Site $100,0`"'' ' -• - .. .
- Non-1041 Major Facility of a Utility $ 5,000.00
- 1041 Facilities as defined in Chapter 21 of the Weld County Code $ 10,000.00
- All other Use by Special Review permits $ 2,500.00
2. Planned Unit Development(1-9 lots)
- Sketch Plan $ 2,100.00
- Change of Zone $ 1,500.00 plus$50 per buildable lot
- Final Plat $ 1,500.00 plus$100 per buildable loth
Planned Unit Development(10 or more lots) $ 5,000.00
- Sketch Plan
- Change of Zone $ 3,000.00 plus$50 per buildable lot
- Final Plat $ 3,000.00 plus$100 per buildable Iota
3. Minor Subdivision(1.9 lots)
•
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
•
•
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
•
•
•
Division 4
Uses by Special Review
Sec.23-2-200. Intent and applicability.
A. Uses by Special Review are USES which have been determined to be more intense or to have a
potentially greater impact than the Uses Allowed by Right in a particular zone district. Therefore, Uses by
Special Review require additional consideration to ensure that they are established and operated in a manner
that is compatible with existing and planned land USES in the NEIGHBORHOOD. The additional
consideration or regulation of Uses by Special Review, and the application to a Use by Special Review of
Performance, Design and Operations Standards listed both herein and for applicable USES from any zone
district,are designed to protect and promote the health, safety,convenience and general welfare of the present
and future residents of the COUNTY.
B. The Board of County Commissioners may approve the establishment of a Use by Special Review by
granting a Special Review Permit. All requests for Special Review Permit shall be reviewed b the Planning
Commission. The Planning Commis co n on s orwar a to an consi ere4 by the Board
of,_,,_C_,,,,,o,,,99n�ty Comnus m a.Gr olc . o owm con�i°fi s A y°I31 tf3"Y'`or"lJ `Zcr requires
'a""Special Review Permit and which is rmt"a e 'my a general purpose local government, State, United States
government, special district or authority created under the provisions of the laws of the State, or any public
utility whether publicly or privately owned, shall require review and approval by the Planning Commission
only as set forth in Division 5 below.
• C. Any person filing an application for a Special Review Permit shall comply with the COUNTY
procedures and regulations as set forth herein. Any expansion or enlargement of a Use by Special Review
shall be treated as a new USE and shall require a new application under the provisions of this Division.
D. Ordinary repairs and maintenance may be performed upon STRUCTURES associated with a Use by
Special Review so long as such repairs and maintenance do not have the effect of expanding or enlarging the
USE.
E. Applications for Special Review Permits shall be corgi et forth in Section 23-2-260. The
complete application and application fees shall be nbnvtted.to# a•DepartmenT"f g Services.
F. The applicant or owner shall submit an Improvements Sieement a ee to construct there wired
i rovemenls, as shown m'he_a_pphcaW5na lans�aax≥ of rimer supporhn to a agreement shall be
ma ermm�n e w wit e Z`ounty poficyon- �"M rovemenf's'.` The agreement shall be
approved by the Board prior to recording the final exhibit or plat, if applicable. (Weld County Codification
Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2001-8; Weld
County Code Ordinance 2007-14;Weld County Code Ordinance 2009-8)
Sec.23-2-210. Duties of Department of Planning Services.
Any person wanting to apply for a Use by Special Review shall arrange for a preapplication conference
with the Department of Planning Services.
A. The Department of Planning Services shall be responsible for processing all applications for Special
Review Permits in the unincorporated areas of the COUNTY. The Department shall also have the
responsibility of ensuring that all application submittal requirements are met prior to initiating any official
• action as listed below.
23-64
•
7. Arrange for legal notice of said hearing to be published in the newspaper designated by the Board
of County Commissioners for publication of notices. At the discretion of the Board of County
Commissioners, a second notice may be published in a newspaper which is published in the area in
which the Use by Special Review is proposed. Failure to publish the second notice shall not create a
jurisdictional defect in the hearing process. The date of publication shall be at least ten(10) days prior
to the hearing. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1;
Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2007-14; Weld County Code
Ordinance 2008-8)
Sec.23-2-220. Duties of Planning Commission.
A. The Planning Commission shall hold a hearing to consider the application for the Special Review
Permit. The public hearing may involve either the Special Review Permit application alone or may include the
review of concurrent applications under the COUNTY's provisions for Overlay Districts Regulations in Article
/� of this Chapter. The Planning Commission shall provide recommendations to.the Board of County
✓ Commissioners concerning a s�p�osition o e ggea„ mpg. The Planning Commission
E l Clpprove betetiues loithapec al Review Permit only if it fords that the applicant has met the standards
or conditions of this Subsection A and Sections 23-2-240 and 23-2-250 of this Division. The applicant has the
burden of proof to show that the standards and conditions of this Subsection A and Sections 23-2-240 and 23-
2-250 are met. The applicant shall demonstrate:
1. That the proposal is consistent with Chapter 22 of this Code and any other applicable code provision
or ordinance in effect.
• 2. That the proposal is consistent with the intent of the district in which the USE is located.
3. That the USES which would be permitted will be compatible with the existing surrounding land
USES.
4. That the USES which would be permitted will be compatible with future development of the
surrounding area as permitted by the existing zoning and with the future development as projected by
Chapter 22 of this Code or MASTER PLANS of affected municipalities.
5. That the application complies with Article V of this Chapter if the proposal is located within the
Overlay District Areas identified by maps officially adopted by the COUNTY.
6. That if the USE is proposed to be located in the A (Agricultural) Zone District, the applicant has
demonstrated a diligent effort has been made to conserve PRIME FARMLAND in the locational decision
for the proposed USE.
', � / 7. That there is adequate provision for the protection of the health,safety and welfare of the inhabitants
V of the NEIGHBORHOOD and the COUNTY. le-
B. The Secretary of the Planning Commission shall forward the official recommendation of the Planning
Commission and the information contained in the official record, which includes the Department of Planning
Services case file,to the Clerk to the Board within ten(10)days after said recommendation has been made.
C. If the Planning Commission recommendation is conditional upon the applicant completing certain
specified items prior to the publication of the notice for the hearing by the Board of County Commissioners,
• the ten-day period shall commence upon submission of the items by the applicant to the Department of
Planning Services. (Weld County Codification Ordinance 2000-1)
23-67
•
Sec.23-2-230. Duties of Board of County Commissioners.
A. The Board of County Commissioners shall:
1. Set a Board of County Commissioners public hearing, to take place not more than forty-five (45)
days after receipt of the Planning Commission recommendation, or upon request of the applicant, for
consideration of the proposed Special Review Permit.
2. Arrange for legal notice of said hearing to be published once in the newspaper designated by the
Board of County Commissioners for publication of notices. At the discretion of the Board of County
Commissioners, a second notice may be published in a newspaper which is published in the area in which
the Use by Special Review is proposed. The failure to publish the second notice shall not create a
jurisdictional defect in the hearing process. The date of publication shall be at least ten (10) days prior to
the hearing.
3. Give notice of the application for a Special Use Permit and the public hearing date to those persons
listed in the application as owners of property located within five hundred (500) feet of the parcel under
consideration. Such notification shall be mailed,first class,not less than ten(10)days before the scheduled
public hearing. Such notice is not required by state statute and is provided as a courtesy to surrounding
property owners(the surface estate). Inadvertent errors by the applicant in supplying such list or the Board
of County Commissioners in sending such notice shall not create a jurisdictional defect in the hearing
process, even if such error results in the failure of a surrounding property owner to receive such
notification.
• 4. Arrange for the Department of Planning Services to post a sign on the property under consideration
for a Special Review Permit according to the requirements of Section 23-2-210 B.4 of this Article.
B. The Board of County Commissioners shall hold a public hearing to consider the application and to take
final action thereon. In making a decision on the proposed Use by Special Review, the Board of County
Commissioners shall consider the recommendation of the Planning_ Commission, and Iran—the factspres, tgd
al me pdtme-ri(anng and-the informaton cOntamacrittroWrarallitnicliicres Vet epartmens of
tila ininISITiic'gs rfrl�e.;'Elie$oaTd of rcanty Cortintlissitiffergllillinpfifate theittlueribitestriecial
Review Permit only if it finds that the applicant has met the standards or conditions of this Subsection B and
Sections 23-2-240 and 23-2-250 of this Division. The applicant has the burden of proof to show that the
standards and conditions of this Subsection B and Sections 23-2-240 and 23-2-250 of this Division are met.
The applicant shall demonstrate:
1. That the proposal is consistent with in Chapter 22 and any other applicable code provisions or
ordinances in effect.
2. That the proposal is consistent with the intent of the district in which the USE is located.
3. That the USES which would be permitted will be compatible with the existing surrounding land
USES.
4. That the USES which would be permitted will be compatible with the future DEVELOPMENT of
the surrounding area as permitted by the existing zone and with future DEVELOPMENT as projected by
Chapter 22 of this Code and any other applicable code provisions or ordinances in effect, or the adopted
MASTER PLANS of affected municipalities.
•
23-68
•
5. That the application complies with Article V of this Chapter if the proposal is located within any
Overlay District Area identified by maps officially adopted by the County.
6. That if the USE is proposed to be located in the A (Agricultural) Zone District, the applicant has
demonstrated a diligent effort has been made to conserve PRIME FARMLAND in the locational decision
for the proposed use.
f 7. That there is adequate provision for the protection of the health,safety and welfare of the inhabitants .(
�� of the NEIGHBORHOOD and the COUNTY. i J
C. Where reasonable methods or t hnec igues are available to mitigate any negative impacts which could be
generated by the proposed USE upon the surrounding area, the Board of County tommissioners may
condition the decision to approve the Special Review Permit upon implementation of such methods or
techniques and may require sufficient performance guarantees to be posted with the COUNTY to guarantee
such implementation.
D. Upon the Board of County Commissioners making its final decision, a resolution setting forth that
decision will be drafted and signed. A record of such action and a copy of the resolution will be kept in the
files of the Clerk to the Board.
E. If the Special Review Permit is approved, the Board of County Commissioners shall arrange for the
Department of Planning Services to record the Special Review Permit Plan map with the County Clerk and
Recorder. (Weld County Codification Ordinance 2000-1;Weld County Code Ordinance 2007-14)
• Sec.23-2-240. Design standards.
A. An applicant for a Use by Special Review shall demonstrate compliance with the following design
standards in the application and shall continue to meet these standards if approved for DEVELOPMENT.
is( 1. Adequate water service in ss Ater of quualiityN a quantity and dependab lit7y is available to the site to
serve tht1JSEE permitted.
2. Adequate sewer service is available to the site to serve the USES permitted.
3. If soil conditions on the site are such that they present moderate or severe limitations to the
construction of STRUCTURES or facilities proposed for the site,the applicant has demonstrated how much
limitations can and will be mitigated.
4. Adequate fire protection measures are available on the site for the STRUCTURES and facilities
permitted.
5. USES shall comply with the following stormwater management standards:
a. Stormwater retention facpilities shall be provided n si q<q�ace eslgge„to retain the
stornwate fu.n tflori the fully developed site from a one Q;3;e2r storm oz a o)he 'Ftt a
b`y'fhel5epaitmenf of 'riMlic Works. In the case of a LIVESTOCK CONFINEMENT OPERATION
(L.C.O.),wastewater collection,conveyance and retention facilities shall be designed and constructed in
accordance with the Confined Animal Feeding Operation Control Regulations(5 CCR 1002-19).
• b. The drainage facilities shall be designed to release the retained water at a quantity and rate not to
exceed the quantity and rate of a five-year storm falling on the UNDEVELOPED site.
23-69
•
6. All parking and vehicle storage shall be provided on the site; parking shall not be permitted within
any public right-of-way. An adequate parking area shall be provided to meet the parking needs of
employees,company vehicles,visitors and customers.
7. Tg,USE shall comply,w th alll the SETBACK and OFFSET requirements of the zone district.
8. The access shall, be.located and designed to be safe. ingress and egress shall not present a safety
hazard to the traveling public or to the vehicle accessing the property. For USES generating high traffic
volumes and large number of large lory-gcceler4ling vehicles, acceleration and deceleration lap_g6 they be
r wired to mitigate8.4,hotential trakfic,hazard..-
9. New accesses to public rights-of-way shall be constructed using the following as minimum
standards:
a. Size of drainage structure—twelve(12)inches in diameter.
b. Length of drainage structure—twenty(20)feet.
c. Depth of cover over pipe—twelve(12)inches.
d. Width of access—fifteen(15)feet.
e Maximum grade of access—fifteen percent(15%).
• f. Flare radius—twenty(20)feet.
g. Depth of surfacing—four(4)inches.
Standards exceeding these minimums may be required depending on the type and volume of vehicles
generated by the type of USE proposed.
10. Buffering or SCREENING of the proposed USE from ADJACENT properties may be required in
order to make the determination that the proposed USE is compatible with the surrounding uses. Buffering
or SCREENING may be accomplished through a combination of berming,landscaping and fencing.
11. Uses by Special Review in the A (Agricultural) Zone District shall be located on the least prime
soils on the property in question unless the applicant can demonstrate why such a location would be
impractical or infeasible.
B. If the Special Review Permit for a MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC
AGENCY is approved, the Planning Commission shall arrange for the Department of Planning Services to
record the appropriate Facilities Plan,Utility Line or Selected Route Map with the County Clerk and Recorder.
(Weld County Codification Ordinance 2000-1)
Sec.23-2-250. Operation standards.
An applicant for a Special Review Permit shall demonstrate conformance with the following operation
standards in the Special Review Permit application to the extent that the standards affect location, layout and
design of the Use by Special Review prior to construction and operation. Once operational, the operation of
• the USES permitted shall conform to these standards.
23-70
0
`TTY'
Mitil'i
tt rre):7: I s�
Use by Special Review Application
Konig Borrow Pit
•
Location of Proposed Konig Pit
NW 1/44Section 11 Township 10 North Range 62 West
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•
Konig Borrow Pit- USR Application
• Proposal to create a 35 acre pit to use as a borrow area for fill dirt.
• 35 acres is part of a 121 acre parcel owned by Michael Konig
a Fill Dirt will be used for construction purposes, specifically for roadway and
pad construction on oil and gas sites.
The proposed pit will be mined in 2 phases. Maximum area disturbed at
any one time -17.5 acres.
s Disturbed pit area will be reclaimed to pastureland to match current use.
I Borrow pit operation will provide employment to others and will provide a
valuable supplement to the operators main business of farming.
II Property zoned Agricultural and Oil and Gas Support facilities are a Use by
Special Review (Sec. 23-3-40 of the Weld County Zoning Code).
• USR Criteria in Section 23-2-200 through 23-2-410 used to evaluate this
application - and to determine that the application complies.
•
S
Konig property
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•
CR 81 looking north to CR 120
•
2
Propo ed Pit Area
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•
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•
Proposed location of borrow pit looking east
•
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Proposed pit showing stock piling areas
•
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Phase 1 Temporary stock piles looking south
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