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Home My WebLink About20091138Epviroeit, Iqc. LARRY E. O'BRIAN FOUNDER May 8, 2009 Weld County Board of County Commissioners 915 Tenth St. Greeley, Colorado 80631 Re: Application for a Mined Land Reclamation Permit 7985 VANCE DRIVE, SUITE 205A ARVADA, COLORADO 80003 303-423-7297 FAX 303-423-7599 We are delivering to you here a Notice of Application and supporting documents for the 8th & Balsam Borrow Area to be operated by Fiore & Sons, Inc. , pursuant to rule 2.2.2(1), Colorado Mined Land Reclamation Board - Mineral Rules and Regula- tions. Please acknowledge receipt of this notice by signing in the appropriate space provided below and return a signed copy of this cover letter to the person delivering it. We need to submit this copy to the Division as proof of our filing with you. Respectfully Submitted, Stevan L. O'Brian President enclosure 1111 C(_� OS- (g-=0! RECEIVED THIS DAY OF - , 2Tf rA9 Weld County Board of County Commismiorjrs`;;co C By ['` rt 7j -‹ Title co (Jl 2009-1138 PROOF OF MAILING NOTICES OF PERMIT APPLICATION EXHIBIT J NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT LIMITED IMPACT (110) APPLICATION NOTICE TO COUNTY COMMISSIONERS Weld COUNTY Fiore & Sons, Inc. (Operator) has applied for a Construction Mate- rials Limited Impact Reclamation Permit from the Colorado Mined Land Reclamation Board ("the Board") known as the 8th & Balsam Borrow Area to conduct mining operation in Weld County. The at- tached 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 & Safety (DRM&S) ("the Division") and the Weld County Clerk to the Board, 915 10th Street, Greeley, CO 80632. The applicant proposes to reclaim the land as rangeland. Pursuant to C.R.S. 34-32.5-116(7)(j) the Board is required to confer with the local Board of County Commissioners before approving 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 applica- tion, you must submit written comments on the application within ten (10) days after the applicant's newspaper publication. If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please contact the Division of Minerals and Geology, 1313 Sherman St., Room 215, Denver, CO 80203, (303) 866-3567. Fiore & Sons, Inc. (5/8/09) 28 L f N 1N 1 R '1 y y 8._ IT . M I `I� t_ 4664 Magnetic Declination 7C 9 03'E Name: GREELEY Date: 5/5/2009 Scale: 1 inch equals 2000 feet r g a • t j • V Iv ii• ° BL/69b66 74669 , it 444 4 / ' 'f. 464 • ;c\ 1k Entrance: 40d25'36.0", -104d40'1.95" • t • •�)• ._ `. 4630IMI °•• 14636 1.4649• • + 4643 . •••• ° •• 'i ce , IIi L n Grbve • a•• ; ( CD iAetery. rt.::sr114646 CACN • (11 ° oo,L I.t i'Ut' 614_•sl 4643 • FS 4662 Ias.'+_ + • q' 4647 G Ia a Fiore & Sons, Inc. - 8th & Balsam Borrow Area Map Exhibit A-1 - Vicinity Map Part of the NW/4SE/4, Sec 4, T -5-N, R -65-W, 6th P.M., Weld County Colorado. rnnvrinh+ 9CIAli Mvrnna STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 31S Denver, Colorado 80203 Phone (303) 866-3567 MX: (303) 832-8106 CONSTRUCTION MATERIALS LIMITED IMPACT (110) OPERATION RECLAMATION PERMIT APPLICATION FORM CHECK ONE: There is a File Number Already Assigned to this Operation COLORADO DIVISION OF RECLAMATION MINING —&— SAFETY Bill Rimer, Ir. Governor Hams D. Sharman Executive Director Ronald W. Caaanv Division Director Natural Resource Innate Permit # M (Please reference the file number currently assigned to this operation) New Application (Rule 1.4.5) Amendment Application (Rule 1.10) Conversion Application (Rule 1.11) Permit # _j_- - (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Limited Impact (110) Operation Reclamation Permit contains three major parts: (1) the application form; (2) Exhibits A -J, Exhibit I, Addendum I, any sections of Exhibit 6.5 and Geotechnical Stability Exhibit, as required by the Office, and outlined in Rules 6.1, 6.2, 6.3, 6.5, and 1.6.2(1 Xb); and (3) the application fee. When you submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (I) copy of the completed application form, two (2) copies of Exhibits A -I, Exhibit L Addendum 1, and appropriate sections of 6.5 (Geotechnical Stability Exhibit), as required, and a check for the application fee described under (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 described below. 1. Applicant/operator or company name (name to be used on vermin: Fiore & Sons, Inc. 1.1 Type of organization (corporation, partnership, etc.): Corporation 2. Operation name (pit, mine or site namej: 8th & Balsam Borrow Area 3. Permitted acreage (new or existing site): 3.1 Change in acreage (4) 3.2 Total Acreage in Permit Area 4. Fees: 4.1 New Application: Amendment Fee (C.R.S. 34-32.5-125(11)): 4.2 Conversion Fee (from 110d to 110 51,258.0Q conversion fee (Rule 1.11.2(2)) 9.99 permitted acres _... acres 9.99 acres $1,258.00 application fee $82;228X application fee 5. Primary comnroditie(s) to be mined: Borrow material 5.1 Incidental conunoditie(s) to be mined: I. _.. / lbs/fons/yr 2. I lbsaftRI3r 3. I lbiaeavvr 4. / Ibsr ons/yr 5. ____/ Ibs/folLsty_r backfill material 5.2 Anticipated end use of primary conoditie(s) to be mined: tm Anticipated end use of incidental commodities) to be mined: — Office of Mined Land Redamatiun Denver • Grand Junction • Durango Office of Active and Iruxtive Mines -2- 11. Correspondence Information: APPLLCAN ;OPERATOR (name, address, and phone of name to be used on permit) Michael E. Fiore Contact's Name: Company Name: Street/P.O. Box: City: State: Title: President Fiore & Sons, Inc. 730 West 62nd Ave. Denver P.O. Box: Colorado Telephone Number: ( 303 )- 429-8893 Fax Number: ( 303 )- 429-3035 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Stevan L O'Brian (Steve) Company Name: Street/P.O. Box: City: State: Telephone Number: f 303 )- 423-7297 Fax Number: INSPECTION CONTACT Contact's Name: Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: ( 303 Environment, Inc. Zip Code: 80216 Title: President 7985 Vance Dr., #205A Arvada P.O. Box: CO ( 303 )-423-7599 Fiore & Sons, Inc. Zip Code: 80003 Title: President 730 West 62nd Ave. P.O. Box: Denver Colorado ( 303 )- 429-8893 )- 429-3035 CC: STATE OR FEDERAL LANDOWNERfif any) Agency: Street: City: State: `--_- Telephone Number: L.. _I - CC: STATE OR FEDERAL LANDOWNER (if any) Agency: -- _ Street: City: State: Telephone Number: ( Zip Code: D22,1_ - Zip C<xle: Zip Code: -3- 7. Name of owner of the subsurface debts of affected land: Richardson Consolidated, Inc 8. Name of owner of the surface of affected land: Richardson Consolidated, Inc 9. Type of mining operation: _� Surface Underground In -situ 10. Location information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN (check one): V. 6th (Colorado) _ 10th (New Mexico) _ Ute SECTION (write number): S 4 TOWNSHIP (write number and check direction): T 5 _ _ North South RANGE (write number and check direction): R 65 East L West QUARTER SECTION (check one): NE NW �_ SE SW QUARTLIC/QUARTER SECTION (check one): NE NW SE SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): _ II. Primary Mine Entrance Location (report in either Latitude/Longitude QR UTM): Latitude/Longitudg: Example: (N) 39° 44' 12.98' (W) 1040 59' 3.87" Latitude (N): deg _ 4 0 min 25 sec 36.0 0 (2 decimal places) Longitude (W): deg 104 min 40 sec 1.95 (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449' Latitude (N) _ Longitude(W) OR Universal Tram4rse Mergator (UTM) Example: 201336.3E NAD27 Zone 13 4398351.2 N (5 decimal places) (5 decimal places) UTM Datum (specify NA027, NAD83 or WGS 84) WSG 84 Zone Easting Northing -4- 12. Printery future (Post-minlnel land use (check one): - Cropland(CR) Rangeland(RL) Residential(RS) - Developed Water Resources(WR) 13. Primary present land use (check onel: _ Cropland(CR) - Rangeland(RL) - Residential(RS) _ Developed Water Resources (WR) _ Pastureland(PL) _ Forestry(FR) _ Recreation(RC) _ Pastureland(PL) _ Forestry(FR) _ Recreation(RC) General Agriculture(GA) _ Wildlife Habitat(WL) Industrial/Commercial(iC) _ Solid Waste Disposal(WD) _ General Agriculture(GA) _ Wildlife Habitat(WL) $ Industrial/Commemial(IC) _ Mining (MN) 14. If this operation will use designated chemicals, or will result, or presently has acid mine drainage - you cannot use this application form. You must submit either a 110d or 112d application form for Designated Mining Operations. In either case, you must list any acidic or toxic -forming materials, exposed or disturbed as a result of the mining operation, and whether the operation will result in or presently has acid mine drainage: 15. Description of Amendment or Conversion: If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s): plans & Exhibits: Submit two (2) complete, unbound copies of the following application exhibits: 6.3.1 EXHIBIT A - Legal Description and Location Map 6.3.2 EXHIBIT B - Site Description 6.3.3 EXHIBIT C - Mining Plan 6.3.4 EXHIBIT D - Reclamation Plan 6.3.5 EXHIBIT E - Maps, to include the location of any recorded easements 63.6 EXHIBIT F - List of Other Permits and Licenses Required 6.3.7 EXHIBIT G - Source of Legal Right -to -Enter 6.3.8 EXHIBIT H - Municipalities Within a Two-mile Radius 6.3.9 EXHIBIT i - Proof of Filing with County Clerk 6.3.10 EXHIBIT J - Proof of Mailing Notices of Permit Application 6.3.12 EXHIBIT L - Permanent Man -Made Structures 1.6.2(1)(b) ADDENDUM 1 -Notice Requirements (sample enclosed) 6.5 Geotechnical Stability Exhibit (as required) jtesuonsibllltia 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 reauircmag, in the space provided, to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office fora full explanation. 4O4 G� 4fr NA 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; 2. The Board nay suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terra 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 front the Board or Office; 5. It is your responsibility to notify the Office of any changes in your address or phone number; 6. Upon permit issuance and prior to beginning on -site mining activity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information (Rule 3.1.12): a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. 7. The boundaries of the permit boundary area must be marked by momiments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance; 8. It is a provision of this permit that the operations will be conducted in accordance with the terra and conditions listed in your application, as well as with the provisions of the Act and the Mineral 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 anal report which includes a nap 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 years permit is held. For example, a permit with the anniversary date of Judy 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 nay result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the permittee, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. 10. for joint venture/uartnersbim nemtittee: the signing representative is authorized to sign when document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. PeenSt Caod1tbn 41- A reparable spill is a spill of any toxic or hazardous substance (including spills of petroleum products) within the mined land permit area reportable to any Division of the Colorado Deportment of Public Health and the Environment, the National Response Center. the Colorado Emergency Planning Commission. any local Emergency Planning Commission, local Emergency Planning Convnittee, or the State Oil Inspector. The Mine Operator shall notify the Division of Reclamation, Mining and Safety (DRMS) ofa reportable spill within the mined land permit area using the same timeframe required by the permit, license, notice, statute, rule or regulation governing the reporting of the spill to the other appropriate agency. Notice ofa reportable spill shall be FAXed to: Minerals Program Supervisor, Division of Reclamation, Mining and Safety, FAX (303) 832-S 106. The FAX shall include a call-back number of responsible company official for DRMS staff to use as a contact. NOTE TO COMMENTORS/OBJECTORS: It is lately 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 oast contact the applicant or the Office prior to the decision date so that you will know what changes nay have been made to the application document The Office is not allowed to consider comments, unless they are written. and received prior to the cod 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 Mimed Land Reclamation Board and Office review and decision or appeals process, you may contact the Office at (303) 866-3567. Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: I. MI necessary approvals front local government have been applied for (Section 34-32.5-110(1 xa)(V UU. 2. 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(4xe), C.R.S.). (NOTE: For 110 operations, the affected area includes all lands delineated by the permit boundary.) 3. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4)Q, C.R.S.). 4. As the applicant/operator, I do not have any mining/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.). 5. I understand that statements in the application are being made under penaltyofpesjury and that false statements trade herein are punishable as a Class I misdemeanor pursuant to Section 18-8-503, C.R.S. 1984. Misfits has been approved by the Mined Laird Reclamation Board pursuant to section 34-32.5-110,C.RS, oftheColorado Land Reclamation Act for the Extractioa of Construction Materials Any alteration or modification of thlsform 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 ope►aNag without a penult pursuant to section 34-325-123, C.R.S. Signed and dated this �— day of !✓V. + ti u S Fiore & Sons, Inc. Applicant/Operator Signed: mi�;.liEi� Title: President State of Colorado County of Denver The Foregoing instrument wasas acknowledged before ma (7-4-14. day of 1 1 OLL- by U lIt r4P t L 4 t T'Q as ) ) ss. ) If Corporation Attest (Seal) Signedct-c-e-,+-/ Corporate Secretary or Equivalent Town/City/County Clerk `Rotary Public My Commission expires: SIGNATURES MUST BE IN BLUE INK Epviropnept, Iryc. LARRY E. O'BRIAN FOUNDER May 8, 2009 Mrs. Esther Gesick Weld County Clerk to the Board 915 Tenth St. Greeley, CO. 80632 Re: Application for a Mined Land Reclamation Permit Dear Mrs. Gesick: 7985 VANCE DRIVE, SUITE 205A ARVADA, COLORADO 80003 303-423-7297 FAX 303-423-7599 We are delivering to you here with a copy of an application for the 8th & Balsam Borrow Area, a Limited Impact (110) Con- struction Materials permit, to be operated by Fiore & Sons, Inc.. Two copies of the application are on file with the Division of Reclamation, Mining & Safety (DRMS). This copy of the application is delivered to you pursuant to 34-32.5-112(9)(a), Colorado Revised Statutes 1995, as amended, which states in part: ....the applicant shall file a copy of such application for public inspection at the office of the County Clerk and Recorder of the County in which the affected land is located. Please acknowledge receipt of this copy of the permit application by signing in the appropriate space provided below and returning one copy of this letter to the person delivering the book. Please hold the book for picked up after the applica- tion has been heard by the MLRB (approx. 100 days). Yours truly, soS Stevan L. O'Brian President enclosure RECEIVED THIS _ DAY OF , 2009 MLRB application for the referenced mine. By Weld County Clerk to the Board 1 FIORE & SONS, INC. 1 1 1 � 8th & BALSAM BORROW AREA ' 110 - Construction Materials WELD COUNTY, COLORADO May 2009 1 Application for a Lim- ited Impact Mined Land I Reclamation Permit I ' PREPARED BY ENVIRONMENT, INC. ' 7985 VANCE DR., SUITE 205A ARVADA, CO 80003 (303)423-7297 STATE OF COLOF%ADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 131 3 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX; (303) 832-6106 C}II3CK ONE.: CONSTRUCTION MATERIALS LIMITED IMPACT (110) OPERATION RECLAMATION PERMIT APPLICATION FORM There is a File Number Already Assigned to this Operation COLORADO 1) 1 V I S I O N OF RECLAMATION MINING -- &c — SAFETY aid Ritter, jr Governor Harris D. Sherman Executive Director Ronald W. Cattany Division, Director Natural Resource Trustee Permit t# M - _ (Please reference the file number currently assigned to this operation) New Application (Rule 1.4.5) Amendment Application (Rule 1.10) Conversion Application (Rule 1.11) Permit # M (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Limited Impact (110) Operation Reclamation Permit contains three major parts: (1) the application form; (2) Exhibits A-i, Exhibit L, Addendum I, any sections of Exhibit 6.5 and Geotechnical Stability Exhibit, as required by the Office, and outlined in Rules 6.1, 6.2, 6.3, 6.5, and I.6.2(l)(b); 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 -J, Exhibit L, Addendum I, and appropriate sections of 6.5 (Geotechnical Stability Exhibit), as required, and a check for the application fee described under (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 described below. 1, Applicant/operator or company name jname to be used on permit): Fiore & Sons, Inc . 1.1 Type of organization (corporation, partnership, etc.): Corporation 2. Operation name (pit, mine or site name): 8th & Balsam Borrow Area 3. Permitted acreage (new or existing site): 3.1 Change in acreage (4.) 3.2 Total Acreage in Permit Area 4. Fees; 4.1 New Application: Amendment Fee (C.R.S. 34-32.5-125(11)): 4.2 Conversion Fee (from 110d to 110 $1,258.00 conversion fee (Rule 1.1 1.2(2)) 9 . 99 permitted acres acres 9.99 acres )1,258.00 application fee UMW application fee 5. Primary commodities) to be mined: Borrow material 5.1 Incidental commoditic(s) to be mined: i. 1 lbs/Tons/yr 2. ' IbsjTons/yr 3. _ _ b fonsrr 4. I Ibsf f onsj 5. / Lsl1'91.15 y.r backfill material 5.2 Anticipated end use of primary commoditic(s) to be mined: Anticipated end use of incidental commoditie(s) to be mined: Office at Mined Land Reclamation Office of Denver • Grand Junction • Durango Active .Ind Inactive Mines -2- 1 I. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: Michael E. Fiore Title: President Company Name: Fiore & Sons, Inc. Street/P.O. Box: 730 West 62nd Ave. P.O. Box: City: Denver State: Colorado 'Lip Code: 80216 Telephone Number: f 303 ) - 429-8893 Fax Number: L 303 1- 429-3035 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Stevan L O'Brian (Steve) Title: President Company Name: Environment, Inc. Street/P.O. Box: 7985 Vance Dr., #205A P.O. Box: City: Arvada State: co Zip Code: 80003 Telephone Number: ( 303 )- 423-7297 Fax Number: ( 303 ) 423-7599 INSPECTION CONTACT Contact's Name: Title: President Company Name: Fiore & Sons, Inc. Street/P.O. Box: 730 West 62nd Ave. P.O. Box: City: Denver State: Colorado _ Zip Code: __$_Q216._____ Telephone Number: ( 303 1-429-8893 Fax Number: ( 303 )- 429-3035 CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: C::ity: State: Telephone Number: L _ I - CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Telephone Number: Zip Code: Zip Code: - -3• 7. Name of owner of subsurface rights of affected land: Richardson Consolidated, Inc 8. Name of owner of the surface of affected land: Richardson Consolidated , Inc 9. Type of mining operation: JC Surface Underground In -situ 10. Location information: The center, of the area where the majority of mining will occur. COUNTY: Weld PRINCIPAL MERIDIAN (check one): J4,,, 6th (Colorado) 10th (New Mexico) _ Ute SECTION (write punter): S 4 TOWNSHIP (write number and check direction): T? _, North South RANGE (write number and check direction): R 65 East _A_ West QUARTER SECTION (check one): NE NW _4_ SE QUARTER/QUARTER SECTION (check one): NE _IL NW SW SE SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): 11. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM): Latitude/Lonallude: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude (N): deg 40 min 25 sec 36 ,00 (2 decimal places) Longitude (W): deg 104 min 40 sec 1.95 (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449° Latitude (N) (5 decimal places) Longitude(W) (5 decimal places) OR Universal Tranye e• Mergator j. JU all Example: 201336.3 E NAD27 Zone 13 4398351.2 N LITM Datum (specify NAD27, NAD83 or WGS 84) wpc 84______ Easting Northing -- Zone ---- 1 1 1 1 12. Primary future (Post -mining) land use (check one): _ Cropland(CR) Rangeland(RL) Residential(RS) _ Developed Water Resources(WR) 13. Primary present land use (check onei: _ Cropland(CR) Rangeland(RL) _ Residential(RS) _ Developed Water Resources (WR) Pastureland(PL) _ Forestry(FR) Recreation(RC) _ Pastureland(PL) Forestry(FR) _ Recreation(RC) General Agriculturc(GA) Wildlife Habitat(WL) Industrial/Commercial(IC) Solid Waste Disposal(WD) _ General Agriculture(GA) Wildlife Habitat(WL) $, Industrial/Commercial(IC) _ Mining (MN) 14. if this operation will use designated chemicals, or will result, or presently has acid mine drainage - you cannot use this application form. You must submit either a I 10d or 112d application form for Designated Mining Operations. In either case, you must list any acidic or toxic -forming materials, exposed or disturbed as a result of the mining operation, and whether the operation will result in or presently has acid mine drainage: 15. Description of Amendment or Conversion: If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s): Mans & Exhibits: Submit two (2) complete, unbound copies of the following application exhibits: 6.3.1 EXHIBIT A - Legal Description and Location Map 6.3.2 EXHIBIT B - Site Description 6.3.3 EXHIBIT C - Mining Plan 6.3.4 EXHIBIT D - Reclamation Plan 6.3.5 EXHIBIT E - Maps, to include the location of any recorded easements 6.3.6 EXHIBIT F - List of Other Permits and Licenses Required 6.3.7 EXHIBIT G - Source of Legal Right -to -Enter 6.3.8 EXHIBIT E{ - Municipalities Within a Two-mile Radius 6.3.9 EXHIBIT I - Proof of Filing with County Clerk 6.3.10 EXHIBIT J - Proof of Mailing Notices of Permit Application 6.3.12 EXHIBIT L - Permanent Man -Made Structures 1.6.2(1)(b) ADDENDUM I -Notice Requirements (sample enclosed) 6.5 Geotechnical Stability Exhibit (as required) 1 1 I 1 1 4O4 fag- Scannaslbllltles 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 ggeknalgament, in the space provided, to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office forerun explanation. 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; 2. The Board nay suspend or revoke this permit, or assess a civil penalty, upon a finding that the permits violated the terra or conditions of this permit, the Act, the Mineral Rules and Regulations, or that intonation 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; 5. It is your responsibility to notify the Office of any changes in your address or phone number; 6. Upon permit issuance and prior to beginning on -site mining activity, you must post a sign at the entrance of the mine site, which shall be clearly visible front the access road, with the following information (Rule 3.1.12): a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance; 8. It is a provision of this permit that the operations will be conducted in accordance with the terra and conditions listed in your application, as well as with the provisions of the Act and the Mineral 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 petit is held. For example, a permit with the anniversary date of July I,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 perrnittee, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. NA 10. For joint venture(partnershiv nemtiaee: the signing representative is authorized to sign when document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. PainttuaLCuslidsta 7✓� {' A reportable spill is a spill of any toxic or hazardous substance (including spills of petroleum products) within the mined land permit area reportable to any Division of the Colorado Department of Public Health and the Environment, the National Response Center, the Colorado Emergency Planning Conmtsion, any local Emergency Planning Conaniaioo, local Emergency Planning Committee, or the State Oil Inspector. The Mine Operator shall notify the Division of Reclamation, Mining and Safety (DRMS) of a reportable spill within the mined land permit area using the same timeframe required by the permit, license, notice, statute, rule or regulation governing the reporting of the spill to the other appropriate agency. Notice of a reportable spill shall be FAXed to: Minerals Program Supervisor, Division of Reclamation. Mining sal Safety, MX (303) 832-8106. The FAX shall include a call-back number of a responsible company official for DRMS staff to use as a contact. pIOTE 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 mat contact the applicant or the Office prior to the decision date so that you will know what changes nay have been made to the application document. The Office S not allowed to consider comments, unless they are written, and received prior to the end of the public continent period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Hoard and Office review and decision or appeals process, you may contact the Office at (303) 866-3367. 1 1 I 1 1 I I 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: I. All necessary approvals from local government have been applied for (Section 34-32.5.110(1 xa)(VUI). 2. To the best of my knowledge, all significant, valuable and permanent roan -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(4Xe), C.RS.). (NOTE: For 1 l0 operations, the affected area includes all lands delineated by the permit boundary.) 3. No mining operation will be located on lands where such operations are prohibited by law (Section 34.32.5-115(4xf), C.R.S.). 4. As the applicant/operator, I do not have any mining/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.). 5. I understand that statements in the application are being made under penalty ofperjory and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, CRS. 1984. TVs forms has been approved by she Mined Land Reclamation Board pursuant to section 34-325-lI0,C.ALS, of the Colorado Land Reclamation Adler 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.KS Signed and dated this 1 = day of Fiore & Sone, Inc. Applicant/Operator Signed: mi4—:e-.--e c� Title: President State of Colorado Cownyof Denver The foregoing instrument was. acknowledged before me U by1('.LQP 1 L t r,((Q as „y If Corporation Attest (Seal) signedQd h -c -«-+,1J 1. Cq,c rt. Corporate Secretary or Equivalent Town/City/County Clerk acs% 9. C —Rotary Public My Commission expires: SIGNATURES MUST BE IN BLUE INK I I I I I I I I I I I I I I I I TABLE OF CONTENTS LEGAL DESCRIPTION - EXHIBIT A EXHIBIT A-1 VICINITY MAP EXHIBIT A-2 LOCATION MAP SITE DESCRIPTION - EXHIBIT B SOILS INFORMATION VEGETATION INFORMATION PAGE 1 PERMANENT MAN MADE STRUCTURES WATER RESOURCES MINING PLAN - EXHIBIT C 2 3 4 15 15 15 16 RECLAMATION PLAN - EXHIBIT D 19 RECLAMATION COSTS 20 EXHIBIT E-1 MINING PLAN MAP 21 EXHIBIT E-2 RECLAMATION PLAN MAP 22 OTHER PERMITS AND LICENSES - EXHIBIT F 23 SOURCE OF LEGAL RIGHT TO ENTER - EXHIBIT G 24 MUNICIPALITIES WITHIN TWO MILES - EXHIBIT H 26 PROOF OF FILING WITH CLERK AND RECORDER - EXHIBIT I 27 NOTICE OF APPLICATION FILING FOR MINED LAND RECLAMATION PERMIT - EXHIBIT J 28 PERMANENT MAN MADE STRUCTURES - EXHIBIT L 30 APPENDIX POSTED NOTICE CERTIFICATION 31 OWNERS OF RECORD OF AFFECTED LAND - SURFACE AREA 32 EXAMPLE OF PUBLIC NOTICE 33 SPENT LIME DATA 34 GREELEY LOT GRADING PERMIT 34 IMPORT FILL STATEMENT AND AFFIDAVIT 34 I I I I I I I I I I I I I LEGAL DESCRIPTION EXHIBIT A AN AREA OF LAND LOCATED IN THE PARTS OF THE NW'''A SE'/ OF SECTION 4, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE 6th P.M., WELD COUNTY, COLORADO, CONTAINING 9.99 ACRES ±. 1 ve Magnetic Declination 9° 03' E Name: GREELEY Date: 5/5/2009 Scale: 1 inch equals 2000 feet A I .. Xd 466 ti = j _ • ' 1 .630 •U ,480 a s_,/ 116 c:"'0Th;y • 001 I - i 6..-_--r_----:- CAC -tiJ'aIt / \\ 2 •• • BUSS 0666 s Entrance: 40d25'36.0", -104d40'1.95" nlrrise a, Y!'; }.• s • J`1t� i Lttin Grbe Fiore & Sons, Inc. - 8th & Balsam Borrow Area Map Exhibit A-1 - Vicinity Map Part of the NW/4SE/4, Sec 4, T -5-N, R -65-W, 6th P.M., Weld County Colorado. Copyright (C) 2008, MyTopo 1 1 1 1 1 1 1 1 ' MapSend Topo US v.3.0 © 2001 by Magellan Corp. N Livermore Wellington North. Poudre Reservoir Number 15 • _a.P udre Rive ellvue Demme) Lake Laporte Douglas Resenioi� Bee Lake ReservoirNumber 5 . North Poudre R irlNumber 6 Windsor Reservoir TTete Horsetoot!Reservoir .----N.,.H ygiene. Reservoir 4 lover BasReservoi Fortt Ili Cobb Lake Black Hollow Reservoir TimnathlReservoir Windsor Reservoir Timnath Severance Fossil Creek Re rvoir Calkins L: ke Longmont BoulderSreek---- Boulder Creek W • Cache La Poudre River Windsor Johnsto Saint Vra Creek Frederick /IZ Dacono Pierce — Ault• a a Eaton • Cache.La PoudfeRiv`r Galeton • Lucerne Gill • Food & Sons, Inc. I Cmw Creek G eeleylV 4 —t JT) • ii-- South Platte River ersey South River Giilccrest Platteville l lone • Vollmer ,Evans Gilmore Ditch La Salle (' / Lower Latham Reservoir Speer 'Canal Milton Reservoir Speer Canal Beebe Seep Canal Box Elder Creek Fiore & Sons, Inc. - 8th & Balsam Borrow Area C Map Exhibit A-2 - Location Map jPart of the NW/4SE/4, Sec 4, T -5-N, R -65-W, 6th P.M., Weld County Colorado. Box Elder Creek K� sen burg / 110 r 1 1 1 1 1 1 t 1 1 SITE DESCRIPTION SOILS INFORMATION EXHIBIT B The following information was obtained from site observa- tions and the basic soils and vegetation information found thru the USDA's National Soils information page and the Soil Survey of Weld County. The following soils information is made part of this application. Soil units are shown on the USDA map, repro- duced on page 5 following this text. The photo map shows the surrounding vegetation features and soil types. This site lies on the east side of Greeley, Colorado in an area surrounded by industrial and agricultural lands. There is 1 soil type found on the mine site, with the upper 12 inches usable for growth medium and the underlying layer being excavated is a loam and sandy gravel mix. The 3 -Aquolls and Aquents, Gravelly Stratum soil series covers approximately the entire site. The general soils description indicates that this soil is deep, poorly drained soil on nearly level bottom lands and flood plains. The upper most horizon is a 0 to 12 inches of fine grained soil usable as topsoil. Underlay- ing this top most horizon is a 6 to 7 feet layer of sandy loam then a 3 inch minus gravelly sand suitable for our needs. The water table in this area is approximately 15 feet deep. The excavation will end approximately 2 feet above the water table. 4 1 ..66.6E .VOL 1 8 8 8V N 8 N N 0 Ln N O 09L L66 OOL LVV 0509L66 OOOSL66 OS66L66 OSZSL66 OSZSL66 OOZSL66 00ZSLPV OSLSL66 OOL Lbb 0GO9L66 000SLVV 0966L66 Ln N O 8 N 8 rya 8 8 La 8 .117 .69 .60L Map Scale: 1:2,530 if printed on A size (8.5" x 11") sheet. M N LL 0 N O Z - ..LOP .60L En 1 1 1 1 1 1 Custom Soil Resource Report MAP INFORMATION MAP LEGEND Map Scale: 1:2,520 if printed on A size (8.5" • 11") sheet. Very Stony Spot 6 The soil surveys that comprise your AOI were mapped at 1:24,000. Short Steep Slope d O a o co to E i° CO ° m O N r o d a o f0 0 t- C 16 C m L o U O 0 TO' Z i."' U co o N E Z 0 z o0 co a cEnZ m E UZ o 0- NOZ D o 0 m a r D U a 0 i 0 m m >;Q co c o 3 0 -; C 0o K t N E 0 ° 0 t, o- up o r 9 N y y 0 0 ; J N N j Z 7 E c ^ E T 0 0 0y O C N C y '- 9 QCI >•E vi 0 j C .� CO mo u�i al af uco --5. o.0 cod a E coo �o �5 CO Oco Soil Map Units Political Features a c m a y C O O m - to N a to to J N J a¢ a Date(s) aerial images were photographed: 8 ] O A C • ❑ ❑ 3, 0 m O a a o p _ rn a d a Co ya m m >, o 2 m U 0 O co 0 LL 8 to CO CO J J Streams and Canals Marsh or swamp m m ry '- 3 c c 02 - O c E c_ rnE x m o m E 0 t) 0 0 N w t E o L 2 y — 3 y N C o r Q 9 U m d a E ? co o 0 a m E n m T a 2 n m E 0 O - 5 m c d 0 y 0 N O .0) 0 C O L C G-0 0 -0 ° Z a m m E m E � o oo ion Rails Interstate Highways US Routes Major Roads Local Roads R Mine or Quarry a co m N 0 a a a m o o w` S m m co y >. 0 u N O >, 2 a `m c c a m m 8 d u -- c > a a C2 To en to y y m v) X • X ® < x ® m > + M v y w c N o m a m o SOIL DESCRIPTION 3-Aquolls and Aquents, gravelly substratum. This nearly level map unit is on bottom lands and flood plains of all the major streams in the survey area. Aquolls, which have a dark colored surface layer, make up about 60 percent of the unit. Aquents, which have a lighter colored surface layer, make up about 35 percent. About 5 percent is Aquepts and Bankard sandy loam. These are deep, poorly drained soils that formed in recent alluvium. No one pedon is typical. Commonly the soils have a mottled, mildly alkaline to moderately alkaline loamy or clayey surface layer and underlying material and are underlain by sand or sand and gravel within 48 inches. In places they have a gleyed layer in the underlying material. Most of the acreage is subject to flooding. The water table is at or near the surface early in spring and recedes to as deep as 48 inches late in fall in some years. These soils are used for rangeland and wildlife habitat. Some small areas have been reclaimed by major drainage and leveling and are used for irrigated crops. The potential native vegetation is dominated by alkali sacaton, switchgrass, and western wheatgrass. Saltgrass, sedge, rush, and alkali bluegrass are also prominent. Potential production ranges from 3,000 pounds per acre in favorable years to 2,000 pounds in unfavorable years. As range condition deteriorates, the switchgrass, alkali sacaton, and western wheatgrass decrease and saltgrass, sedge, and rush increase. Management of vegetation should be based on taking half and leaving half of the total annual production. Seeding is difficult and costly because numerous tillage practices are required to eliminate the saltgrass sod. Switchgrass, western wheatgrass, alkali sacaton, tall wheatgrass, and tall fescue are suitable for seeding. They can be seeded into a clean, firm seedbed. Seedbed preparation usually requires more than 1 year to eliminate the saltgrass sod. A grass drill should be used. Seeding early in spring has proven most successful. Wetland wildlife, especially waterfowl, utilize this unit. The wetland plants provide nesting and protective cover, as well as some food. The nearby irrigated cropland, where wildlife obtain much of their food and find protective cover, makes this unit valuable to both wetland and openland wildlife. Openland wildlife, especially pheasant, use this unit for cover and nesting. Deer find excellent cover in some areas. These valuable wildlife areas should be protected from fire and fenced to prevent encroachment and overuse by livestock. They should not be drained. These soils have good potential as a source of sand and gravel. Capability subclass VIw; Salt Meadow range site. 1 1 1 1 1 1 Custom Soil Resource Report Weld County, Colorado, Southern Part 3—Aquolls and Aquents, gravelly substratum Map Unit Setting Elevation: 4,000 to 7,200 feet Mean annual precipitation: 12 to 18 inches Mean annual air temperature: 45 to 55 degrees F Frost -free period: 80 to 155 days Map Unit Composition Aquolls and similar soils: 55 percent Aquents, gravelly substratum, and similar soils: 30 percent Minor components: 15 percent Description of Aquolls Setting Landform: Swales, streams, flood plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Recent alluvium Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Poorly drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.20 to 2.00 in/hr) Depth to water table: About 6 to 48 inches Frequency of flooding: Frequent Frequency of ponding: None Maximum salinity: Nonsaline to very slightly saline (0.0 to 4.0 mmhos/cm) Available water capacity: Moderate (about 8.0 inches) Interpretive groups Land capability (nonirrigated): 6w Ecological site: Salt Meadow (R067BY035CO) Typical profile 0 to 48 inches: Loam 48 to 60 inches: Gravelly sand Description of Aquents, Gravelly Substratum Setting Landform: Stream terraces Down -slope shape: Linear Across -slope shape: Linear Parent material: Recent alluvium Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Poorly drained 10 Custom Soil Resource Report 1 1 1 1 Capacity of the most limiting layer to transmit water (Ksat): Moderately high to very high (0.57 to 19.98 in/hr) Depth to water table: About 6 to 24 inches Frequency of flooding: Frequent Frequency of ponding: None Calcium carbonate, maximum content: 10 percent Maximum salinity: Nonsaline to slightly saline (0.0 to 8.0 mmhos/cm) Available water capacity: Moderate (about 6.6 inches) Interpretive groups Land capability classification (irrigated): 6w Land capability (nonirrigated): 6w Ecological site: Salt Meadow (R067BY035CO) Typical profile 0 to 48 inches: Variable 48 to 60 inches: Very gravelly sand Minor Components Bankard Percent of map unit: 10 percent Ustic torrifluvents Percent of map unit: 5 percent 11 1 1 1 1 1 1 1 1 1 Custom Soil Resource Report Chemical Soli Properties- Weld County, Colorado, Southern Part Sodium adsorption ratio 0 0 0 0 J1 C To o E E 0 izt o O 0 o O 0cqq d O 0 Gypsum Pct o o 0 0 Calcium carbonate o o 0 o 0 d Soil reaction n < c° v' N: e °o a N- a T i F- e °P v, r Effective cation - exchange capacity tz 0 P E I III Cation - exchange I capacity 0 0 P o E O u O a 0 w 0 6 O ui O O o 0 a 0 a Map symbol and soil name ' 3—Aquolls and Aquents, gravelly substratum y O O Q Aquents, gravelly substratum i Custom Soil Resource Report 1 a) N O O_ a) O a) 7 X a) a) m c a) a) a a) a) a) O -o a) a) 0 a) cn a) CO E a) 0 c Cll Q7 C', Co a, 75 L_ N a, ro U_ C C73 o r 3 a o o o a, U N C i a) Cn X Q CD Engineering Properties— Weld County, Colorado, Southern Part r a 13 CO c a 111 ; zI z I' II Z. z a w �E -z- 4 1 i A E Percentage passing sieve number - 0 N IA d d o iid o g Is. LO CD A a O o ado rn ado m E oa ro LL 3 -10 Inches 4 LI d of d 0 6 0 o w o m 7, C o in d o O Classification AASHTO I a a Y (� N Q a V. a Unified CL, ML a- (1) u) co -J !UV Jo 2 2 d 9 ao)Q( cn USDA texture it *Loam *Gravelly sand - Sand, L gravelly loamy sand *Variable 'Very gravelly sand - Gravelly sand L 5. c o p c Map unit symbol and soil name 3—Aquolls and Aquents, gravelly substratum co c a I E Aii 41 1 Custom Soil Resource Report Physical Soil Properties- Weld County, Colorado, Southern Part w Ts = x cam oc m o O Wind erodibility group � eD Erosion factors F - N o . 0 N r. N O N O Organic matter 'clop 6 6 O U; o o o 0 Linear extensibility In/In Pct 0.14-0.17 0.0-2.9 0.02-0.04 0.0-2.9 o� d o rn d o Available water capacity m Q I. o Saturated hydraulic conductivity aU e V q O -p- 4.00-141.00 O �p Moist bulk density gi d N 0e u5 N p 6 iD V m M (D N M N V7 A r U a 6 C N ch M N. Of Is CI C ao O c NI' 0 CO Map symbol and soil name VC E O C a5 7 N m y Q 7 in Q Ql f7A H 7 i Aquents, gravelly substratum 1 1 1 1 1 1 1 1 1 1 1 Custom Soil Resource Report Rangeland Productivity and Plant Composition- Weld County, Colorado, Southern Part Rangeland composition al 0 c 1.0 10 Characteristic vegetation Western wheatgrass Switchgrass Plains bluegrass Miscellaneous perennial grasses L N J CC Western wheatgrass Switchgrass Total dry -weight production Unfavorable year U a J I 0 O 0 O Normal year U RI J 0 0 0. r 2,500 Favorable year U cts 4 O 0 CO N 0 0 0 m Ecological site Salt Meadow Salt Meadow Map unit symbol and soil name 3—Aquolls and Aquents, gravelly substratum N O J IT Aquents, gravelly substratum Site Description (cont) Exhibit B 1 1 1 1 1 1 1 VEGETATION INFORMATION 1. Current cover percent is: 0 to 45% 2. Topsoil depth on site averages: 0 to 12 inches The site is currently part of a bottom land industrial site along the Cache La Poudre River east of Greeley, Colorado. It has no special or unique characteristics and there are some grasses and weeds covering the area. Approximately half of the area has little or no vegetation cover. The area has been used as a heavy equipment storage area in the past. The species of vegetation found on the site are Western wheatgrass, Switchgrass, Plains Bluegrass, miscellaneous perineal grasses and weeds. These grass species makeup 30% to 60%, by weight, of the vegetation found on the site. Ground cover is sparse on this site due to past uses. PERMANENT MAN-MADE STRUCTURES The site is in an urban area and there are 8 structures on and around the site as depicted on the map exhibits. There are roads on the south and west sides of the affected lands. There are above and below ground communication and power lines, fences, a building, a house, a water well, an irrigation ditch and a gas pipeline within 200 feet of the affected lands. See Exhibit L for a list of the structures and the owners of each. There are NO water storage impoundments, railroad tracks, cemeteries or communication antennas within 200 feet of the affected lands. WATER RESOURCES There are no water structures on the site. The closest stream is the Cache La Poudre River that at its closest point is approximately 1,150 feet south of the site. The Ogilvy Ditch runs parallel to the west side but in not in the permit area. A single high capacity irrigation well is on the site. This well is owned by the landowner and will not be disturbed during 15 Mining Plan (continued EXHIBIT C 1 1 1 1 mining. feet or will be lease 2 Our investigations indicate the ground water table is 15 more below the surface of the site, so no ground water exposed. The floor of the excavated area will be at feet above the water table. We do not expect to encoun- ter ground water on this site for that reason. We will not affect the hydrologic balance of surface or subsurface water in the area. MINING PLAN EXHIBIT C 6.3.3 - This is an open borrow site located on an industrial zoned parcel within the City of Greeley. It is in the northeast quadrant of the intersection of East 8th Street and Balsam Ave., approximately 1.2 miles from downtown Greeley, Colorado. From the intersection of HWY 34 and Hwy 85 in the southeast part of Greeley take HWY 85 north approximately 2.1 miles to East 8th Street (State Route 263); go east on East 8th Street approxi- mately 0.6 mile to Balsam Ave. Turn north on Balsam Ave for 500 feet to the private drive for the property. The mine entrance is approximately 275 feet southeast of this will be via this existing road that is a to access his property from Balsam Ave. point. Mining access owned by the landowner It is currently 40 feet wide and the location is shown on the map exhibits supplied with this application. Periodic grading will be necessary to keep the road in its present condition and to make it passable. It will remain after reclamation is complete. This site will be used as a borrow site for binder material needed on a project Fiore & Sons is doing for Leprino Foods in the City of Greeley. We anticipate the life of this mine to be between 2 and 12 months depending on how long it takes to exca- vate the material and move it to the project area. The site is currently vacant Industrial land that in the past has been used for equipment storage. It is highly disturbed and has little vegetation cover. The usable material on this site is approxi- mately 14 feet deep. The soil covering the site averages 0 to 12 16 1 1 1 1 1 1 Mining Plan (continued EXHIBIT C inches deep under which is a layer of sandy loam averaging 7 feet deep and a sandy gravel going to bed rock. We only plan to remove the upper 14 feet of material and will not reach groundwa- ter or bedrock. We plan to start removing material in the southwest corner of the site and work north and east until enough material has been removed for the project. Tracked excavator(s) will be used to remove the material and load the haul trucks. This way the material is only handled once. As mining progresses into the deposit the east, south and west slopes will be left near verti- cal and we will begin to import spent lime into the excavated area for use in rebuilding the slopes. (The appendix contains the Inert material statement and affidavit for importing materi- als and the Colorado Department of Health information on the spent lime.) Once the floor level has been reached and enough material is in place we will begin to blend the spent lime with dirt to create the material needed on the temporary 2h to lv slope for these sides. This filling and shaping will run concur- rent with mining so that if mining ended prematurely only 50 feet or less would need filling, and grading. The mining face on the north side would need to be cut/fill graded 2:1 for the reason described in the Reclamation plan presented later in this text. In leu of the bled/fill method described above we may choose to change from working a near vertical face to mining the slopes 2:1 so they are stable and no backfilling will be needed. The upper 12 inches of growth medium will be salvaged and saved for future uses. The topsoil salvaged will not be used in the proposed reclamation plan since it does not include revegeta- tion of any kind. When topsoil is encountered it will be stripped and stockpiled around the perimeter of the site for use when the lot overgrading project is completed. If the soil stockpiles remain undisturbed for more than one growing season a cover crop of Western Wheatgrass will be planted at a rate of 3.0 lbs pls/200 Ft2. When complete, the mining will have created a 17 1 1 1 t 1 1 1 Mining Plan (continued EXHIBIT C level area with side slopes, where the floor is approximately 13 feet lower than the existing ground level. The RECLAMATION MAP -E- 2 shows how we think the area will look when mining ends and reclamation is complete. Of the 9.99 acres ± in the permit area, approximately 8.54 acres ± will be mined, 1.41 acres will be left in the setbacks around the mined area. These setbacks are shown on the Mining Plan Map and are 10 to 30 feet wide except along the north side where a 10 foot setback will be maintained. Plans are to eventu- ally backfill the permit area as part of a lot over grading project planned for the entire parcel. On -site equipment may include, but is not limited to, track excavators, a motor grader, front-end loaders, motor scrapers, a dozer, dump trucks and a water truck. We expect the mine to operate year around with periods of inactivity when adverse weather conditions exist. There may be periods when no activity takes place on the mine because there is no demand for material. We can not estimate how long these periods of inactivity will be, but may last up to 6 months or more. There will be 9.99 acres more or less disturbed at any one time in the mine. The bond estimate presented on Page 19 shows the amount of land we will disturb at a worse case scenario. As mining progresses we expect to have no more that 400 feet of working face that would need shaping at any one time. The floor of the mine will be graded so it is level as shown on Map ExhibitE-2 and the side slopes will be graded 2:1. Little or no water will be used at the site. If dust control water is used it will be purchased from the local water provider either the City of Greeley or Northern Weld County Water Providers. 18 1 1 1 1 1 1 1 RECLAMATION PLAN EXHIBIT D 6.3.4 - Final grading will be such that the topography is appropriate to the reclaimed use of the property, i.e., as indus- trial land. The slopes left when mining ends will be graded 2h to lv and the floor of the mine will be flat ready for future devel- opment. The Reclamation Plan Map - Exhibit E-2 shows how we think the area will look when it is reclaimed. The 9.99 acre permit area is part of a large parcel being developed for industrial uses in the future. Mining is the first part of a project planned for this parcel. The material excavated will be used to create fill material needed on a construction project we have in Greeley. The idea is to mix this borrow material with spent lime left over from sugar beet processing at the old Great Western Sugar Plant. It will then be placed at the new building site on the future Leprino Foods Cheese Plant. Excavation of this material leaves a hole that will be backfilled during a "lot overgrading" project the developers plan for the property in the future. Reclamation will begin as the exterior limits of the mine are reached and the final floor depth is established. We will begin to import spent lime from off site and blend it with material from the mined area at a rate of 2 parts lime to 1 part dirt. This material will be used to reclaim the east, south and west slopes around the excavated area to their final rate of 2h to lv. Eventually as the lot overgrading project progresses these slopes will be filled over. The north slope will be cut/fill graded since when the lot over grading project begins this will be the working face for that phase of the project. No resoiling or revegetation will take place as this area since it will be devel- oped as an industrial area. The Appendix contains a copy of the Greeley lot over grading permit for the property. This shows that the site will be reclaimed as part of the larger project. The slopes and mine floor will be graded so it is ready for develop- ment. We anticipate asking for a release of the Reclamation Permit immediately after sloping is complete since the lot over grading project will start as soon as possible after excavation is com- plete. None of the on site material used in the lot over grading project will be exported from the area, we will only be importing spent lime, blending it with on site dirt and grading and shaping the site for use as an industrial building site. 19 1 1 1 1 RECLAMATION COST ESTIMATE The following Reclamation Cost estimate is based on reclaim- ing the site as a graded industrial area and the assumptions that there will be no more than 9.99 acres ± disturbance at any one time. That 8.54 acres ± will need some form of reclamation to complete the proposed end use. The mine working face will be 400 feet long by 14 feet high and that no resoiling or seeding is necessary. At that time we will have to move 664 cy of cut\fill sloping. There will be 50 feet of backfilling and shaping on the exterior slopes needing 518 cubic yards. The table below out- lines the various areas of disturbance at the time explained above. A D8N is used to do the slope shaping, a 988H Loader will be sued to backfill the imported materia on the slopes and a G- 140 Cat motor grader will be used to shape the floor and final slopes in this calculation and the mobilization haul distance is 3.0 miles. STAGE TOTAL GRADE & SHAPE IMPORTED FILL CUT/FILL SLOPING BACKFILL SLOPING 8.54 ACRES 5113 CUBIC YARDS 664 CUBIC YARDS 51 8 CUBIC YARDS ESTIMATED UNIT COSTS FOR RECLAMATION ITEMS: Unit Cost 1. Cut/fill working face 400 feet long by 14 feet high D-8 cat push distance 60 ft or less $ 0.207/YD3 Sf 2. Backfill shape 50 feet long by 14 feet high 988H Frontend Loader haul distance 100 ft or less . . $ 0.28/YD3 / 3. Shape seedbed 140G Blade at 2.11 acres per hour $ 48.53/AC-' 4. Import clean fill, haul and purchase only. $3.00/YD3 RECLAMATION COSTS 1. Cut/fill highwall 664 yd3 @ 20.7/yd3 137.39 2. Backfill slope 518 yd3 @ 28G/yd3 + shape 518 yd3@ 20.7/yd3 254.33 3. Shape industrial area 8.54 acres @ $48.53/ ac 414.44 4. Import and dump 518 yd3 Q $3.00/ yd3 1555.50 Net Total $2,361.66 5. Indirect costs Mobilization Insurance, Bond, Management& Profit 6. Administration costs (includes $500 bond fee) TOTAL ESTIMATE Recommend bond be set at $6,600.00 $3,214.55 295.80 680.89 $6,552.90 20 1 I t nq I ti a 0 N O Z 0 W F W W J 4 Q W Z Z O W J J I - Z U Z Z U O Z J O Z J J Z W W U cn 0 I W W W i J W= R'O6i ;3 In U WOOD W O J d N K U N O. O N 0 3 3 VEGETATION UST co 0 N co a rn d otl1i E y rn m CL E o d o.j a='mo • 82 co `mp v L co m co 0 ≤ N 3 • CA o_ E 3 u ° V ii AREA TO BE MINED MINING DIRECTION /311 'any XJ.aa43 6S9 / s ....6"•• o/ a o JO 3uI '}4BIuN u4n)I O D O 1 C IO I I I I I I I I I I I I O W W O O N > r cx F W J Z < cx U 0 n O Z 0 U 1 1 1 1 1 1 i 1 1 1 i 1 1 1 1 1 1 1 1 Z a 0 O N 0 Z 5 0 W IJ 0 z I ▪ J ▪ Z O J J1- V 7 j U U 2 O = Z W W 0 I O W W I` 0 I 7 W Z rcOaI331-wz° W000 I.wOJ a t d N K U N 1 N 0 3 0 5 I II II 11 INDUSTRIAL USE AREA /-..) / • r, . • 1 •any Xuua40 6S9 0 I- L `i I\ I / I s1 I /♦ 0 s s e o ,o ♦ I c I 0 1 N L d -C LL I VI 1 1/ II I II I 1 I I I I / I I) 1 r 1 I I I 4 Jul '3NBIuN u4n)I Fla O D O 1 I I I I I I I I I I I I I I N CI O O CO LILA 0 OTHER PERMITS AND LICENSES REQUIRED EXHIBIT F 1 1 1 t 1 1. An Air Pollution emissions permit has been applied for. 2. We have the necessary permit from the City of Greeley. See appendix. 3. This is an open pit operation and ground water will not be exposed so a well permit and temporary supply plan is unnec- essary. 4. A dredge fill permit (404) is not required because there are no waters of the U.S. on this site. 5. A Storm Water Management Plan (SWMP) has been prepared for this mine. 6. A NPDES permit to cover stormwater runoff and dewatering is not required, all stormwater will be retained on site and allowed to soak into the substrata. 7. Colorado Department of Health approval has been received for the spent lime fill material. 23 SOURCE OF LEGAL RIGHT TO ENTER STATE OF COLORADO ) ss. COUNTY OF WELD AFFIDAVIT Ronald M. Richardson and Jarrett McGraw, being first duly sworn upon oath, deposes and say: 1. Ronald M. Richardson is the Vice President of Richardson Consolidated, Inc., who owns a M interest in the surface and mineral rights of the property known as the 8th & Balsam Borrow Area. A copy of the deed is available for inspection at the Corporate office in Kersey, Colorado. 2. Jarrett McGraw/PLM L.L.C. owns the other 35 interest in the surface and mineral rights of the property known as the 8th & Balsam Borrow Area. 3. That Fiore & Sons, Inc. is legally empowered to enter upon the subject lands and to conduct mining operations for borrow and other construction materials. 4. That Fiore & Sons, Inc. is empowered to acquire any permits for mining on this property with or before the Colorado Mined Land Reclamation Board under the provisions of the Colorado Mined Land Reclamation Act. 5. If mining occurs within 200 feet of any structure owned by both parties, Fiore & Sons, Inc. has agreed to repair, replace or compensate us for any damage to the structure caused by mining. Ronald M. Richardson SUBSCRIBED and sworn to before me this , day of , 2009, by Ronald M. Richardson as Vice President of Richardson Con- solidated, Inc. Notary Public My commission expires: Jarrett McGraw SUBSCRIBED and sworn to before me this , day of 2009, by Jarrett McGraw, as owner of PLM L.L.C. Notary Public My commission expires: I I I I I I I I I I I I I I I I I I I MUNICIPALITIES WITHIN TWO MILES EXHIBIT H City of Greeley 1000 10th Street Greeley, CO 80631 26 PROOF OF FILING WITH CLERK TO THE BOARD EXHIBIT I May 8, 2009 Mrs. Esther Gesick Weld County Clerk to the Board 915 Tenth St. Greeley, CO. 80632 1 1 1 1 1 I Re: Application for a Mined Land Reclamation Permit Dear Mrs. Gesick: We are delivering to you here with a copy of an application for the 8th & Balsam Borrow Area, a Limited Impact (110) Construc- tion Materials permit, to be operated by Fiore & Sons, Inc.. Two copies of the application are on file with the Division of Reclama- tion, Mining & Safety (DRMS). This copy of the application is delivered to you pursuant to 34-32.5-112(9)(a), Colorado Revised Statutes 1995, as amended, which states in part: ....the applicant shall file a copy of such application for public inspection at the of- fice of the County Clerk and Recorder of the County in which the affected land is located. Please acknowledge receipt of this copy of the permit applica- tion by signing in the appropriate space provided below and return- ing one copy of this letter to the person delivering the book. Please hold the book for picked up after the application has been heard by the MLRB (approx. 100 days). Yours truly, Michael E. Fiore President enclosure RECEIVED THIS _ DAY OF , 2009 MLRB application for the referenced mine. By Weld County Clerk to the Board 27 1 1 1 1 1 1 1 1 1 1 1 PROOF OF MAILING NOTICES OF PERMIT APPLICATION EXHIBIT J NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT LIMITED IMPACT (110) APPLICATION NOTICE TO COUNTY COMMISSIONERS Weld COUNTY Fiore & Sons, Inc. (Operator) has applied for a Construction Mate- rials Limited Impact Reclamation Permit from the Colorado Mined Land Reclamation Board ("the Board") known as the 8th & Balsam Borrow Area to conduct mining operation in Weld County. The at- tached 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 & Safety (DRM&S) ("the Division") and the Weld County Clerk to the Board, 915 10th Street, Greeley, CO 80632. The applicant proposes to reclaim the land as rangeland. Pursuant to C.R.S. 34-32.5-116(7)(j) the Board is required to confer with the local Board of County Commissioners before approving 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 applica- tion, you must submit written comments on the application within ten (10) days after the applicant's newspaper publication. If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please contact the Division of Minerals and Geology, 1313 Sherman St., Room 215, Denver, CO 80203, (303) 866-3567. Fiore & Sons, Inc. (5/8/09) 28 1 1 1 1 I PROOF OF MAILING NOTICES OF PERMIT APPLICATION EXHIBIT J (cont) NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT LIMITED IMPACT (1 10) APPLICATION NOTICE TO THE BOARD OF SUPERVISORS OF THE LOCAL SOIL CONSERVATION DISTRICT West Greeley DISTRICT Fiore & Sons, Inc. (Operator) has applied for a Construction Mate- rials Limited Impact Reclamation Permit from the Colorado Mined Land Reclamation Board ("the Board") known as the 8th & Balsam Borrow Area to conduct mining operation in the Weld County. The attached information is being provided to notify you of the loca- tion and nature of the proposed operation. The entire application is on file with the Division of Reclamation, Mining & Safety (DRM&S) ("the Division") and the Weld County Clerk to the Board. The applicant proposes to reclaim the land as rangeland. Pursuant to C.R.S. 34-32.5-116(7)(j) the Board is required to confer with the Board of Supervisors of the local Soil Conservation District before approving 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 ten (10) days after the applicant's newspaper publication. If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please contact the Division of Minerals and Geology, 1313 Sherman St., Room 215, Denver, CO 80203, (303) 866-3567. Fiore & Sons, Inc. (5/8/09) 29 PERMANENT MAN-MADE STRUCTURES EXHIBIT L The following list show all man-made structures within 200 feet of the affected lands. The access road enters the site from the west and is a private dirt road owned by the landowner we lease the property from. A reimbursement agreement was sent to each of the listed structure owners on ??-??-??? by certified mail. We requested they be singed and returned within 30 days of receipt. We will provide copies of any agreements when/if they come in. City of Greeley Sewer line - South side Balsam Street - West side CDOT State Highway 264 (East Eighth Street) Xcel Energy Powerline - South & East sides Qwest communication line - south side 659 Cherry Ave., LLC Building - east side DCP Midstream, LLC Gasline - east side Richardson Consolidated, Inc Wire fences - North, East, South & West Water well Ogilvy Irrigation and Land Company Ditch Angel & Carman Jaunicorena house IMPACT ANALYSIS The depth of extraction will be 14 feet or less. The proposed setbacks are 30 feet from the permit line. The natural angle of reposed for this material is 2:1. Therefor, if a working highwall were to fail the resulting slope will not leave the permitted area. We plan to either excavate the slope at the final rate of 2:1 or backfill reclaim the slopes as they are being created to prevent any chance of slope failures. Mining this area will not create an instability that could cause damage to the listed structures. 30 I I I I I I I I I I I I I I I I I I APPENDIX NOTICE This site is the location of a proposed construction materials operation known as the 8th & Balsam Borrow Area. Fiore & Sons, Inc., whose address and phone number is 730 W. 62nd Ave, Denver, CO, 80216, (3031 429-8893, has applied for a Limited Impact Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the application may view the application at the Weld County Clerk to the Board's office, Weld County Courthouse, 915 10th Street, Greeley, Co. 80632, and should send comments prior to the end of the public comment period to the Division of Reclamation, Mining & Safety, 1313 Sherman St, Room 215, Denver, CO, 80203. 1 1 I 1 1 1 Certification /� I, $d-eve.vt. L_&'e& iAN, hereby certify that I posted a sign containing the above notice for the proposed permit area known as the 8th & Balsam Borrow Area on B'" DAr of MA -V , 2009. ->t,Wesze. 8- 44o4' - Zoo? Signature Date 31 OWNERS OF RECORD OF AFFECTED LAND - SURFACE AREA EXHIBIT 0 SURFACE AREA, SUBSTANCE TO BE MINED Richardson Consolidated, Inc., 25109 WCR 46, Kersey, CO 80644 ADJOINING OWNERS AND OWNERS WITHIN 200 FEET Richardson Consolidated, Inc. 25109 WCR 46 Kersey, CO 80644 695 Cherry Ave, LLC c/o DMS & Co. P.O. Box 5677 Abilene, TX 79608 Fred & Jayna Donoho 30170 CR 68.5 Gill, CO 80624 Ed Duggan P.O. Box 340 Windsor, CO 80550 City of Greeley 1000 10th Street Greeley, CO 80631 RIGHT -OF WAYS OR EASEMENTS WITHIN OF THE PERMIT AREA. City of Greeley 1000 10th Street Greeley, CO 80631 Ogilvy Irrigation & Land Company 26002 CR 60 Greeley, CO 80631-9733 Xcel Energy Attention ROW 550 15th St. Denver, CO 80202 Colorado Dept. of Transportation, Region 4 1420 2nd Street Greeley, CO 80631 Greeley Urban Renewal Authority 1100 10th Street Greeley, CO 80631 Angel & Carman Jaunicorena 735 Balsam Ave. Greeley, CO 80631 Karl Kohlhoff 701 Balsam Ave. Greeley, CO 80631 Kuhn Knight, Inc. P.O. Box 167 Brodhead, WI 53520-0167 200 FEET Qwest Communications Attention ROW 1801 California St. Denver, CO 80202 DCP Midstream LLC. Attention ROW 370 17th St., Suite 2500 Denver, CO 80202 32 PUBLIC NOTICE Fiore & Sons, Inc., 730 West 62nd Ave, Denver, CO 80216, (303)429-1883 has filed an application for a Construction Materials Limited Impact (110) Reclamation Permit with the Colorado Mined Land Reclamation Board under provisions with the Colorado Mined Land Reclamation Act for extraction of Construction materials. The proposed mine is known as the 8th & Balsam Borrow Area, and is located at or near Section 4, T -5-N, R -65-W, 6th P.M., Weld County, Colorado. The proposed date of commencement is May 2009 and the proposed date of completion is April 2010. The proposed future use of the land is Industrial. Additional information and a tentative decision date may be obtained at the Division of Reclamation, Mining & Safety, 1313 Sherman Street, Rm 215, Denver, Colorado 80203, (303) 866-3567, or at the office of the Weld County Clerk to the Board, 915 10th Street, Greeley, Colorado 80632. Written comments to the application must be received at the office of the Division of Reclamation, Mining & Safety no later than 4:00 p.m. on the day of , 2009. Fiore & Sons, Inc. Denver, Colorado Please note that comments related to noise, truck traffic, hours of operation, visual impacts, effects on property values and other social or economic concerns are issues not subject to this Office's jurisdiction. These subjects and similar ones, are typically addressed by your local governments, rather that the Division of Reclamation, Mining & Safety or the Mined Land Reclamation Board. Publication Date: Published in 33 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 STATE OF COLORADO BA Hitler, Jr., Governor James 6. Martin. Executive Director Dedicated to protecting anu improving the health and environment of the potpie of Colorado 4300 Cherry Creek Dr. S Denver, Colorado 80246-1530 Phone (303) 692.2000 TDn Line (303) 691-7700 Located In Glendale, Colorado hl tpJ/www.cdpho.sta l e.co. us 'February 23, 2009 Mr. Michael More Fiore & Sons. inc. 730 W. 62n' Avenue Denver, CO 80216 Laboratory Semites Division 8100 Lowry Blvd. Denver, Colorado 80230-6928 (303) 692.3090 Colorado Dep-arnnent of Public! faith and Environment Re: Approval with Conditions for the Request to Beneficially Use Lime Material from Past Sugar Beet Processing. Leprino Foods. 1302 1st Avenue, Greeley, Colorado Dear Mr. Fiore: The I lazardous Materials and Waste Management Division of the Colorado Department of Public Health and Environment (the "Division") appreciates the opportunity to review your request to beneficially use lime material from past sugar beet processing. The lime material for this project is currently located at the proposed Leprino Foods site at 12th Street and Ash Avenue, in Greeley. Colorado. The Division also appreciates your effort to construct a test pad on January 16. 2009. using the proposed recycled lime/soil mix. The Division agrees with the assessment of the test pad provided by your geotechnical engineering consultant, Kleinfelder. Inc. In -place density testing peribmied on the test pad consisting of the recycled lime/soil mix indicated that the project required compaction of at least 95% standard Proctor density was not achieved. The Kleinfelder report also discusses the fact that, based on their experience, in order to achieve the desired compaction with non -plastic material such as the proposed recycled lime/soil mix, the material must be kept below the optimum moisture content (OMC'). I lowever. results of the in -place moisture testing indicate that litr three out of four tests, the recycled lime/soil mix had moisture contents above the OMC. 'llte Division appreciates that the required compaction may be achievable when the soils are constructed with moisture content less than optimum. Based on the above, the Division hereby grants conditional approval to commence fill placement using the recycled lime/soil mix material, as described in the Final Design and Operations Plan prepared by Landmark Environmental. However, prior to unlimited. full-scale operations. the Division requests that a "test area" he constructed to demonstrate that the moisture/density requirements are achievable during full scale operations. Initial operations shall consist of the following: • An area that is about one (1) acre in size shall be selected within the footprint of the proposed fill area. • The identical means and methods that are planned to be used for full-scale fill placement operations shall be used within the one -acre test area. This includes delivery and placement of materials, lift thickness control. processing, moisture conditioning (wetting and/or drying). mixing. and compaction. • A minimum of six (6) in -place moisture/density tests for each of the first two lifts of the recycled limeisoil mix shall be performed. An evaluation of the one -acre test area will be made by the Division prior to granting approval to place the remainder of the recycled lime/soil mix in other areas. The test area shall be considered successful. and full-scale unlimited operations shall be approved, if testing and observation indicates that the recycled lime/soil mix placement specifications (minimum 95% standard Proctor density. moisture content ≤ 4% OMC, and dry density ≥ 80 pcf) are being achieved. If successful, this test area can remain in -place. If testing results indicate the project specifications have not been achieved, the Division suggests that modifications to the means and/or methods be considered. We look forward to working with you on this important beneficial use project. If you have any questions, I can be reached at 303-692-3425 or by email at david.snapp@state.co.us. Sincerely. David Snapp Environmental Protection Specialist Solid Waste and Materials Management Unit Hazardous Materials and Waste Management Division cc: Catherine Annstead, Landmark Environmental David Adams. Kleinfelder Larry I3ruskin. JIM WMD Roger Doak. IlMWMD file: SW/WLD/I.IY' 3.4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i City of ._ ' Y Application Date: 5/5/2009 Applicant's Name: FIORE & SONS Applicant's Address: 730 W. 62ND AVE Phone No.: 303-210-4075 Property Owner's Name: Property Owner's Address: Contractor's Name: Contractor's Address: (24 hour) Ext.: FIORE & SONS City of Greeley -uaI Application & Permit 730 W. 62ND AVE FIORE & SONS 730 W. 62ND AVE Phone No: 303-210-4075 (24 hour) EM: Work Site Location: Purpose of Land Grading: Dates of Construction: 2009 Land Grading Permit No.: LG09-014 City/St/Zip: DENVER CO 80216 Cell No: 303-210-4075 Phone No: 303-429-8893 City/St/Zip: DENVER CO 80216 City/St/Zip: DENVER CO 80216 Cell No: 303-210-4075 N.E OF E. 8TH ST & BALSAM AVE INTERSECTION EXCAVATION & GRADING ACTIVITIES FOR FUTURE LIGHT INDUSTRIAL DEVELOPMENT 2/9/2009 Through 11/30/2009 Size of Effected Area: Acres: 35.8 (or) Sq. Ft. Adjacent Property Address Affected by Construction: Traffic Lanes Affected: Additional Comments: NONE NONE A permit Is required if grading work is proposed on sites which are; 1. Sites having construction activity including clearing, grading. and excavation activities that result in the disturbance of one (1) acre or more of total land area. Also, sites less than one (1) acre that are pad of a larger common plan of development or sale. 2. Other sites not included in section (1) but, due to the nature of their topography or location, provide a potential for significant negative impact on the Citys stormwater facilities, streets, or receiving basins. Erosion and Sedimentation Control Plan must be submitted and approved in accordance with City of Greeley Ordinances and City of reeley Design Standards and Construction Specifications. Effective .Jan -I, 2009, all grading permits are valid for 1 year and must be re -applied for, for a re -application fee of $3.00 This permit does not relieve the applicant of requirements of State of Colorado or Federal laws. I (we), hereby, agree to be bound by the provisions of the City of Greeley Construction Specifications, the Greeley Municipal Code, Manual on Uniform Traffic Control devices, and to such special conditions, restrictions, and regulations, as well as all applicable sales taxes as may be reasonably Imposed by the City of Greeley. It Is agreed that the undersigned will save the City harmless from all suits and damage resulting from the performance of the work. In the event work is completed without inspection and approval, the applicant may be required to remove the work and undertake any corrective action at the applicant's expense, and an additional after -construction fee of $50.00 will be charged. For Public Works Inspections, call (48 -hours In advance) 350-9358 1 For all utifdy locates, call 1-800-9271/I j Applicant's Signature: -�J 4 i. a -t : _i._.( Date: (Department Use Only) Application/Inspectio1'i Fee ($20 application fee plug $5 per acre): Public Works Approval: ,* ,7.— ! Gr. ::/:", 4 -t V% r Drawing Required: Yes: No: 1 Construction Inspectors's Approval (after construction): Remarks Date: 1 (4 copies: PW Dept, Construction Services, Contractor, & Stormwater] i I t Date: DIRECTOR OF FINANCE C Li CITY OF GREELEY 9.0" 1 1 14 t 8th St SITE MAP Permit ill GOY 14 1 inch 200 feet Credo I I I I I I I I I I I I I I I I I FIORE & SONS, INC - 8th & BALSAM BORROW AREA INERT FILL NOTICE (RULE 3.1.5(9)) From time to time over the life of the mine we may import inert materials into this mining operation, as defined in Rule 1.1(20). It will be used to partially construct the slopes from the existing ground level into the mine floor. It will be principally be spent lime or other inert material suitable for creating slope in the industrial area. Information on the spent lime is presented in the Appendix Section of the permit applica- tion packet for this mine. The exact amount of material to be imported is unknown. We will report the volume imported each year in the annual report and keep a running total so the Division will know how much and where it has been placed. We estimate approximately 66% of the material to do the sloping will be imported if the material is available. Importing fill will begin upon notice by the Division that this notice is acceptable and our reclamation permit has been approved. We will continue to import inert fill until reclama- tion is complete or we no longer have a source. Since the proposed plan is to turn this into an industrial site with 2:1 slopes around the perimeter, the importation of fill material will allow us to maximize the material being removed and still complete reclamation as approved. No specific compaction rates are proposed for the fill. While we take no action to reach a specific compaction rate, the way the material is placed tends to compact it. We run heavy equipment over the filled area during the filling process and the material is compacted as a result. Stabilization of this fill material is not a concern because of the limited amount used in the slopes and the way it is placed. The depth of the fill will not be so great as to affect offsite lands if settling occurred. 36 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 i i 1 State of Colorado ss. County of Denver AFFIDAVIT Michael E. Fiore as President of Fiore & Sons, Inc., being first duly sworn, deposes and says that the material to be imported into the mining operation known as the Fiore & Sons, Inc. - 8th & Balsam Borrow Area is inert material as defined in Mined Land Reclamation Board rule 1.1(20) listed below. At no time will material that does not meet this definition be used as fill on this site. M.L.R.B. Rule 1.1(20) "Inert Material" means non-watersoluble and non- putrescible solids together with such minor amounts and types of materials, unless such materials are acid or toxic producing, as will not significantly affect the inert nature of such solids. Terms included, but not limited to, earth, sand, gravel, rock, concrete which has been in a hardened state for at least sixty days, masonry, asphalt paving fragments and other inert solids. #1/4-40g - By: Michael E. Fiore Subscribed and sworn before this 474S day of M A Y , 2009, by Michael E. Fiore as Pres- ident of Fiore & Sons, Inc. Notary Public My Commission expires /O -/g -o9 37 Hello