HomeMy WebLinkAbout20091806.tiffRESOLUTION
RE: APPROVE APPLICATION FOR REGULAR (112D) DESIGNATED MINING OPERATION
RECLAMATION PERMIT FOR PIERCE NORTH SAND AND GRAVEL PIT AND
AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Application for a Regular (112d)
Designated Mining Operation Reclamation Permit for the Pierce North Sand and Gravel Pit
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and the Colorado
Division of Reclamation Mining and Safety, commencing upon full execution, with further terms and
conditions being as stated in said application, and
WHEREAS, after review, the Board deems it advisable to approve said application, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Application for a Regular (112d) Designated Mining Operation
Reclamation Permit for the Pierce North Sand and Gravel Pit between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Public Works, and the Colorado Division of Reclamation Mining and Safety be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said application.
2009-1806
ec , Ptv, PL
EG0060
APPLICATION FOR REGULAR (112D) DESIGNATED MINING OPERATION RECLAMATION
PERMIT FOR PIERCE NORTH SAND AND GRAVEL PIT
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 3rd day of August, A.D., 2009.
ATTEST: )0.)ted
Weld County Clerk to the
BY
Dedu Clerk • the Board
APPROVEb'AS TO Fo
unty Attorney
Date of signature e la lai
BOARD OF/Ki1JUNTY COMMISSIONERS
�O O
illiam F. Garcia, Chair
Douglas RademacI r, Pro-Tem
P. Conway
A
David E. Long
2009-1806
EG0060
Mined Land Reclamation
2. Operation name (pit, mine or site name):
3. Permitted acreage: (new or existing site)
3.1 Change in acreage (+)
3.2 Total acreage in Permit area
STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: (303) 866-3567
FAX: (303) 832-8106
CHECK ONE:
REGULAR (112d) DESIGNATED MINING OPERATION
RECLAMATION PERMIT
APPLICATION FORM
New Application (Rule 1.4.5) El Amendment Application (Rule 1.10)
Conversion Application (Rule 1.11)
Permit No. M- (provide for amendments and conversions of existing permits)
COLORADO
DIVISION OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
The application for a Regular (112d) Designated Mining Operation Reclamation Permit contains three major parts: (1) the application form;
(2) Exhibits A -T, Geotechnical Stability Exhibit, the Emergency Response Plan, and Addendum 1, as required by the Office, and outlined in Rules
6.1, 6.2, 6.3, 6.4.19, 6.5, 8.0, and 1.6.2(1)(b); and, (3) the application fee. When you submit your application, be sure to include one (1) signed and
notarized original and four (4) copies of the application form, five (5) copies of Exhibits A -T, Rule 6.5 Geotechnical Stability Exhibit, the
Emergency Response Plan, Addendum 1, and a check for the appropriate application fee (described under Section (4) on Page 2). Exhibits should
not be bound or in a 3 -ring binders; maps should be folded to 8 Y::" X 11" or 8 'R' 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 permit):
Weld County Public Works
1.1 Type of organization (corporation, partnership, etc.): County government
1.2 LRS. Tax ID No. or Social Security Number:
Pierce North sand and gravel pit
permitted acres
acres
160 acres
• Office of Office of
Denver • Grand Junction • Durango Active and Inactive Mines
2009-1806
4. Fees:
4.1
New 112d(I) Application (affecting less than 50 acres and extracting less than 1 million tons per year)
application fee
4.2 New 112d(2) Application (larger than above but affecting less than 100 acres and extract less
than 5 million tons per year
4.3 New 112d(3) Application (any other operation)
4.4 Existing 112d(1) Amendment Fee
4.5 Existing 112d(2) Amendment Fee
4.6 Existing 112d(3) Amendment Fee
4.7 New 112d(1) Amendment Fee
4.8 New 112d(2) Amendment Fee
4.9 New 112d(3) Amendment Fee
4.10 Conversion Fee
5. Primary commodities) to be mined:
6. Name of owner of surface of affected land:
7.
Sand Gravel Clay
Weld County Public Works
$4,025.00
$6,900.00 application fee
$9,200.00 application fee
$2,300.00 amendment fee
$4,025.00 amendment fee
$7,475.00 amendment fee
$2,875.00 amendment fee
$4,600.00 amendment fee
$8,050.00 amendment fee
see above application fees
Name of owner of subsurface rights of affected land:
If 2 or more owners, refer to Exhibit O.
8. Type of mining operation:
t• I Surface Underground
9. Location Information: the center of the area where the majority of mining will occur lies in:
COUNTY: WELD
PRINCIPAL MERIDIAN (check one):
SECTION (write number):
TOWNSHIP (write number and check direction):
RANGE (write number and check direction):
QUARTER SECTION (check one):
QUARTER/QUARTER SECTION (check one):
6th (Coloradonl0th (New Mexico) T `Ute
S1
T8
R 66
n
North
E
West
NEL-1NW _SE SW
NEnNW In SE EW
South
GENERAL DESCRIPTION (miles and direction from nearest town and approximate elevation):
3.4 miles northeast of the Town of Pierce Colorado. Surface elevation=5095feet AMSL.
Currently dry land farmed for winter wheat.
10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM):
Latitude/Longitude:
Example: (N) 39° 44' 12.98"
(W) 104° 59' 3.87"
Latitude (N): deg 40 min 41 sec11
Longitude (W): deg -104 min 43 sec 9 .087 (2 decimal places)
5011 11 (2 decimal places)
OR
Example: (N) 39.73691°
(W) -104.98449°
Latitude (N) 40 686528419 (5 decimal places)
Longitude (W) 104 719190597 (5 decimal places)
OR
Universal Tranverse Mercator (UTM)
Example: 201336.3 E NAD27 Zone 13
4398351.2 N
UTM Datum (specify NAD27, NAD83 or WGS 84) Nad 83
Easting
Northing
11. Primary future (Post-mininv) land use (check one):
Cropland(CR)
nRangeland(RL)
nResidential(RS)
Pastureland(PL)
n
Forestry(FR)
Recreation(RC)
Developed Water Resources(WR)
12. Primary present land use (check one):
I• 1
n
Cropland(CR)
Rangeland(RL)
Residential(RS)
EPastureland(PL)
Forestry(FR)
_ Recreation(RC)
Developed Water Resources(WR)
13. Method of Minim':
Zone 13
171 General Agriculture(GA)
11 Wildlife Habitat(WL)
nIndustrial/Commercial(IC)
Solid Waste Disposal(WD)
General Agriculture(GA)
faWildlife Habitat(WL)
Industrial/Commercial(IC)
Quarry (QR) Solution (SO)
13.1 Other: Briefly explain mining method (e.g. Placer, truck/shovel):
Mining will be using trackhoes, scrapers, dozers loading into trucks
14. Correspondence Information:
APPLICANT/OPERATOR (name, address, and phone of name to be used on permit):
Contact's Name: Greg Nelson Title: Mining Foreman
Company Name: Weld County Public Works
Street:
City:
State:
Telephone Number: ( 970
Fax Number: (970
1111 H Street P.O. Box: 758
Greeley
Colorado
_ 304-6496
Zip Code: 80632
_ 304-6497
PERMITTING CONTACT (if different from applicant/operator above):
Contact's Name: David Bauer, P.E. Title: County Engineer
Company Name: Weld County Public Works
Street:
City:
State:
1111 H Street
Greeley
P.O. Box: 758
Colorado
Telephone Number:
Fax Number:
(970 ) _ 304-6496
( 970 ) _ 304-6497
INSPECTION CONTACT:
Contact's Name: Greg Nelson
Company Name
Street
City:
State:
Weld County Public Works
Zip Code: 80632
Title: Mining Foreman
1111 H Street
Greeley
P.O. Box: 758
Colorado
Telephone Number:
Fax Number:
(970
)
304-6496
Zip Code: 80632
CC: STATE OR FEDERAL LANDOWNER (if any):
Agency: Not Applicable
Street:
City:
State: Zip Code:
Telephone Number: ( )
CC: STATE OR FEDERAL LANDOWNER (if any):
Agency: Not Applicable
Street:
City:
State: Zip Code:
Telephone Number: ( ) -
15. On Site Processinn:
Solution (SO)
n
n Chemical (CH)
Heap Leach (HL) a Vat Leach (VL)
n
Thermal (TH)
List any designated chemicals or acid -producing materials to be used or stored within permit area:
NONE
Description of Amendment:
If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s):
-6
Mans and Exhibits:
Five (5) complete, unbound application packages must be submitted. One complete application package consists of a signed application form and
the set of maps and exhibits referenced below as Exhibits A -T, the Geotechnical Stability Exhibit, the Emergency Response Plan, and Addendum 1.
Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered
consecutively for ease of reference. If separate documents are used as appendices, please reference these by name in the exhibit.
With each of the five (5) signed application forms, you must submit a corresponding set of the maps and exhibits as described in the following
references to Rules 6.4, 6.5, 8, and 1.6.2(1)(b):
EXHIBIT A - Legal Description
EXHIBIT B - Index Map
EXHIBIT C - Pre -Mining and Mining Plan Map(s) of Affected Lands
EXHIBIT D - Mining Plan
EXHIBIT E - Reclamation Plan
EXHIBIT F - Reclamation Plan Map
EXHIBIT G - Water Information
EXHIBIT H - Wildlife Information
EXHIBIT I - Soils Information
EXHIBIT J - Vegetation Information
EXHIBIT K - Climate Information
EXHIBIT L - Reclamation Costs
EXHIBIT M - Other Permits and Licenses
EXHIBIT N - Source of Legal Right -To -Enter
EXHIBIT O - Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined
EXHIBIT P - Municipalities Within Two Miles
EXHIBIT Q - Proof of Mailing of Notices to County Commissioners and Conservation District
EXHIBIT R - Proof of Filing with County Clerk and Recorder
EXHIBIT S - Permanent Man -Made Structures
EXHIBIT T - Designated Mining Operation Environmental Protection Plan
RULE 6.5 - Geotechnical Stability Exhibit
RULE 8 - Emergency Response Plan
ADDENDUM 1 - Notice Requirements (sample enclosed) (Rule 1.6.2(1)(b)
The instructions for preparing Exhibits A -T, the Geotechnical Stability Exhibit, the Emergency Response Plan, and Addendum 1, are specified
under Rule 6.4, 6.5, 8, and 1.6.2(1)(b) of the Mineral Rules and Regulations. If you have any questions on preparing the Exhibits or content of the
information required, or would like to schedule a pre -application meeting you may contact the Office at 303-866-3567.
Responsibilities as a Permittee:
Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a number of important
requirements which you, as a permittee, should fully understand. These requirements are listed below. Please read and initial each requirement, in
the space provided, to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office
for a full explanation.
I . Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable
expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your
permit is revoked and financial warranty is forfeited;
2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terms or
conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit
misrepresent important material facts;
3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil
penalties, to you as permittee can result;
4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to
submit a permit modification and obtain approval from the Board or Office;
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 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 terms 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 ($1,150), and an annual report which includes a
map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year), any monitoring
required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous
year a permit is held. For example, a permit with the anniversary date of July 1, 1995, the annual fee is for the period of July 1, 1994
through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation
of your permit, and forfeiture of your financial warranty. It is your responsibility, as an operator, to continue to pay your annual fee to the
Office until the Board releases you from your total reclamation responsibility.
Certification:
As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the
following terms and conditions:
1. This mining operation will not adversely affect the stability of any significant, valuable and permanent man-made structure(s)
located within two hundred (200) feet of the affected lands. (However, where there is an agreement between the applicant/operator
and the persons having an interest in the structure that damage to the structure is to be compensated for by the applicant/operator
(Section 834-32-115(4)(d), C.R.S. 1984, as amended), then mining may occur within 200 feet. Proof of an agreement must be
submitted to the Office prior to the decision date.)
2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32-115(4)W, C.R.S.
1984, as amended);
3. As the applicant/operator, I do not have any mining/prospecting operations in this state of Colorado currently in violation of the
provisions of the Mined Land Reclamation Act (Section 34-32-120, C.R.S. 1984, as amended) as determined through a Board
finding.
4. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are
punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. 1984, as amended.
This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32-112,C.R.S., of the Mined Land
Reclamation Act 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 pernypursuant to section 34-32-123,
C.R.S.
64- Signed and dated this day of ;1-3_ , tom%
Weld County Public Works
Appligant/Operator Name
i
Signature: `,�--YL//--�67"'r-[�� At
WilliamF. Garcia Chair, Weld County
Board of Commissioners
If Corporation Attest (Corporate/County Seal)
Title
County Engineer
State of die rado
) ss.
County of IrJQ
The foregoing instrument was acknowledged before me this
By:
Deputy Cler to the Boar
;98 -
by z&iLt/34(LL I �,czz. Gi int)
My Commission expires:
AUG 0 3 2009
day of 4 ,
My Comnwsson Expires Sept II 2008
. CO>-./IC6
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR (II2d) DESIGNATED MINING OPERATION
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
Weld County Public Works (the "Applicant/Operator") has applied for a Regular (112d) Designated Mining Operation reclamation
permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct mining operations in WELD County. The attached
information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the
Division of Reclamation, Mining and Safety (the "Division") and the local county clerk and recorder.
The applicant/operator proposes to reclaim the affected land to flood control use. Pursuant to Section 34-32-116(7)0), C.R.S., the Board is
required to confer with the local Board of County Commissioners before approving of the post -mining land use. Accordingly, the Board
would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board
on this application, you must submit written comments on the application within ten (10) days after the date of 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
Reclamation, Mining and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567.
NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of a change to a
previously filed application you must either attach a copy of the changes, or attach a complete and accurate description of the change.
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR (112d) DESIGNATED MINING OPERATION
NOTICE TO THE BOARD OF SUPERVISORS
OF THE LOCAL CONSERVATION DISTRICT
DISTRICT
Weld County Public Works (the "Applicant/Operator") has applied for a Regular (112d) Designated Mining Operation reclamation
permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct mining operations in WELD County. The attached
information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the
Division of Reclamation, Mining and Safety (the "Division") and the local county clerk and recorder.
The applicant/operator proposes to reclaim the affected land to flood control use. Pursuant to Section 34-32-116(7)0), C.R.S., the Board is
required to confer with the local Conservation Districts before approving of the post -mining land use. Accordingly, the Board would
appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this
application, you must submit written comments on the application within ten (10) days after the date of 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
Reclamation, Mining and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567.
NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of a change to a
previously filed application you must either attach a copy of the changes, or attach a complete and accurate description of the change.
AN EXAMPLE PUBLIC NOTICE WHICH MEETS THE REQUIREMENTS OF THE STATUTES IS SHOWN BELOW. THE
BLANKS WHICH REQUIRE DATES WILL NEED TO BE FILLED IN ACCORDING TO THE FOLLOWING INSTRUCTIONS.
PLEASE READ CAREFULLY.
PUBLICATION INSTRUCTIONS:
Date of commencement and date of completion should represent the dates which you feel most accurately describe the life of the
operation.
For all Limited Impact (110) types of operations, this notice must be published once within ten (10) days of the date the application is
considered submitted to the Division of Reclamation, Mining and Safety (the "Division"). The final date for receiving comments is ten
(10) days after the date of publication or the next regular business day.
For all Regular (112) types of operations, this notice must be published once a week for four (4) consecutive weeks, starting within ten
(10) days of the date the application is considered to be submitted to the Division. The final date for receiving comments is the 20th
day after the fourth publication or the next regular business day.
All notices must be published in a newspaper of general circulation in the locality of the proposed mining operation and mailed to the
landowners as set forth in the Colorado Mined Land Reclamation Rules and Regulations. Since the date for consideration of your
application may change, DO NOT include it in this notice.
For a complete discussion of the notice procedures and objections, please refer to C.R.S. 34-32-110(7)(c), 112(10), 114 and 115.
s********************are******************a*********************•**********
PUBLIC NOTICE
(Operator Name) Weld County ; (Address and Phone Number) P.
for a Limited Impact (110d) Designated Mining Reclamation Permit
provisions of the Colorado Mined Land Reclamation Act. The
Pierce North pit , and is located at or near Section 1 , Township
O. Box 758, (970) 304-6496 , has filed an application
with the Colorado Mined Land Reclamation Board under
proposed mine is known as the (Name of the Mine)
8 Range 66 6th Prime Meridian.
The proposed date of commencement is October, 2009 , and the proposed date of completion is December tot 5 The proposed
future use of the land is (Future Landuse) flood control pond Additional information and tentative decision date may be obtained from
the Division of Reclamation, Mining and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567, or at the
(County Name) WELD County Clerk and Recorder's office; (Clerk and Recorder's Address) 1402 N. 17th Street, Greeley or the
above -named applicant.
Comments must be in writing and must be received by the Division of Reclamation, Mining and Safety by 4:00 p.m. on
(Final Date for Comments).
The following is an example that you may wish to use for the Notice required for Rule 1.6.2(1)(b).
NOTICE
Weld
This site is the location of a proposed mining operation. (Name of the Applicant/Operator) County Public Works
whose address and phone
number is (Address and Phone Number of the Applicant/Operator) P.O. Box 758 Greeley, CO has applied for a Reclamation Permit
with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the application may view the application at the (County
Name) WELD County Clerk and Recorder's Office, (Clerk and Recordei s Office Address) 1402 N 17th Ave, Greeley, CO and should
send comments prior to the end of the public comment period to the Division of Reclamation, Mining and Safety, 1313 Sherman St, Room
215, Denver, Colorado 80203.
Certification:
1 Greg Nelson , hereby certify that I posted a sign containing the above notice for the proposed permit area known as the (Name of
Operation) Pierce North
Pit on (Date Posted)
SIGNATURE
DATE
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PROPERTY
PIERCE NORTH PIT
Construction Material
Regular 112 Operation
Reclamation Permit Application
Prepared For
Division of Minerals and Geology
Department of Natural Resources
1313 Sherman Street, Room 215
Denver, Colorado 80203
Land Owner
Weld County Public Works
Operator
Weld County Public Works Department
1111 H Street
Post Office Box 758
Greeley, Colorado 80632-0758
Exhibits List
EXHIBIT A - Legal Description
Property Owner: Weld County Public Works
EXHIBIT B - Index and Location Maps
Regional Index and Location Map
Local Index and Location Map
EXHIBIT C - Pre -Mining and Mining Plan Maps of Affected Lands
EXHIBIT D - Mining Plan
EXHIBIT E - Reclamation Plan
EXHIBIT F - Reclamation Plan Map
EXHIBIT G - Water Information
EXHIBIT H — Wildlife Information
EXHIBIT I — Soils Information
EXHIBIT J — Vegetation Information
EXHIBIT K — Climate Information
EXHIBIT L — Reclamation Costs
EXHIBIT M — Other Permits and Licenses
Statement of Compliance with Weld County zoning regulations.
Use by Special Review (USR) permit — approved by the Weld County Board of
County Commissioners,
Permits from Colorado Department of Public Health and Environment (CDPHE)
a. CDPHE — Water Quality Control Division (WQCD) for a storm water
discharge permit and,
b. Air Pollution Control Division (APCD) for air pollution emission notice
(APEN) permit.
Letters of Notification have been sent to the National Resources Conservation Service (NRCS),
Letters of Notification Colorado Department of Wildlife (DOW) and
Letters of Notification to the Colorado State Historical Society.
M:\DAVE B\Pierce North\DMG permit\Exhibits doc 7/28/2009
EXHIBIT N - Source of Legal Right — To -: Enter
EXHIBIT 0 — Owners of Record of Affected Land (Surface Area) and Owners of
Substance to be Mined
EXHIBIT P — Municipalities Within Two Miles
EXHIBIT Q — Proof of Mailing of Notices to County Commissioners and Conservation
District
EXHIBIT R — Proof of Filing with the Weld County Clerk and Recorder
EXHIBIT S — Permanent Man -Made Structures
EXHIBIT T. - Proof of mailing notices of permit application;
EXHIBIT U. — Terms of government contract — see Exhibit G., copy of lease
ADDENDUM 1— Notice Requirements:
MADAVE BVPierce NorthVDMG permitAExhibits.doc 7/28/2009
EXHIBIT A - Legal Description
A TRACT OF LAND LOCATED IN THE SOUTH EAST QUARTER OF SECTION 1, TOWNSHIP 8 NORTH,
RANGE 66 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, COMPRISING 160 (ONE HUNDERED
AND SIXY) ACRES.
LAND OWNER: Weld County
M:\DAVE B\Pierce North\DMG permit \Exhibits doc 7/28/2009
EXHIBIT B - Index Map
Index Maps
Regional Index Map
See below excerpted from Weld County GIS.
M \DAVE B\Pierce North\DMG penrit\Exhibits.doc 7/28/2009
M \DAVE B\Pierce North\DMG pemtit\Exhibits.doc
EXHIBIT C - Pre -Mining and Mining Plan Maps of Affected Lands
See the enclosed Exhibit C.
MADAVE BAPierce NOtlMDMG permitAExhibits doc 7/28/2009
EXHIBIT D - Mining Plan
a) Mining Schedule
It is anticipated that sand and gravel excavation, processing (rock crushing and screening), and stockpiling at the Pierce
North site will commence upon receipt of approval from the Colorado Division of Mining and Geology and receipt of
other necessary permits. Gravel excavation and processing will be seasonal with stockpiling of gravel for later County
uses depending upon the local road repair and construction needs. Excavation and stockpiling volumes are anticipated to
be approximately 100,000 tons per year. The Pierce North site likely has only 5 to 8 years of gravel and sand reserves.
b) Topsoil thicknesses at the Pierce North site are thin, typically less than 6 (six) inches. Topsoil will be
stockpiled at the location shown on the mine plan map (see Exhibit C).
c) The gravel deposits proposed to be mined are stream channel deposits associated with Lone Tree Creek,
an ephemeral stream that crosses the Pierce North site. Therefore, the thickness of overburden to be removed during
gravel extraction is expected to be minimal. Minimal stockpiling of overburden is anticipated. Mined soils unsuitable
for construction use will be separated from the mined gravels and may be stockpiled at the site. These soil stockpiles will
be utilized for excavation backfill and site reclamation.
d) The estimated thickness of gravel -bearing zones varies from between 0 and 40 feet thick at the Pierce
North site. The gravel deposits at the Pierce North site decrease in thickness to the east and west of the Lone Tree Creek
channel being confined to the incised, backfilled channel. No high wall mining is anticipated.
e) The enclosed mine plan map (Exhibit D) shows the proposed locations for the haul road, gravel
processing (crusher location), soil and gravel product stockpile areas.
f) The dimensions of any significant disturbances are shown on the mine plan map as `limit of gravel
mining area' and the gravel processing and soil stockpiling areas (see Exhibit D).
g) Weld County Road 37 extends north -south along the east edge of the Pierce North site (see Exhibit D).
The gravel excavation and processing areas will be accessed from that county road.
h) The Pierce North property is transected by a northwest -southeast oriented intermittent stream that is
typically dry most months of the year. There are no irrigation structures or surface water impoundments existing or
planned at the site. Water needs for gravel mining and processing operations are expected to minimal; water for dust
control can be obtained and hauled from existing County -owned wells at other gravel pits. Water used in mining and
crushing operations and for dust control is estimated to not exceed approximately 4000 gallons per month during those
operations.
i) The existing `old' Pierce gravel pit, located immediately southeast and adjacent to the Pierce North site
does not intersect groundwater; it is anticipated that no groundwater will be encountered at the Pierce North site. The
existing pit does intercept surface water runoff; that runoff eventually infiltrates to the ground water table. The Pierce
North site lies in a Designated Ground Water basin (per Colorado Division of Water Resources, Office of the State
Engineer).
j) It is anticipated that sand and gravel excavation, crushing, and stockpiling at the Pierce North site will
not disturb surface water or ground water quality. Erosion control measures (Best Management Practices) will be
installed along the perimeter of disturbed areas and at the south margin of the site to protect the adjacent intermittent
creek area from mined area runoff and sediment.
M \DAVE B\Pierce North\DMG permit\Exhibits.doc 7/28/2009
k) Any onsite generated trash will be collected in an on -site dumpster and disposed at the County landfill.
No chemicals are anticipated to be utilized at the site.
1) Best Management Practices, including berms, silt fencing, and straw bales erosion control measures will
be installed along the south end of the Pierce North site to protect the adjacent intermittent creek area from mined area
runoff and sediment. Open excavations are not anticipated to be over 40 feet deep, MSHA approved open excavation
and fall protection safety measures including fencing and berms will be installed as needed. During and following
mining, side slopes to the pit will be graded and re -vegetated for stability.
m) On -site rock crusher machinery will be installed in the "gravel processing" location shown on the
enclosed mine plan map (Exhibit D) during intermittent crushing operations. It is anticipated that the crusher and other
equipment will be re -located to other County -operated gravel processing sites for the majority of any year.
n) No secondary commodities are anticipated to be extracted or produced at the Pierce North site. No
asphalt plant or concrete batch plant is planned for the Pierce North site.
o) Gravel and sand extracted from the Pierce North site will be utilized by Weld County Public Works
Department for repair and maintenance of local County roads and other County construction projects. Soils and mined
materials unsuitable for road construction may be stockpiled at the site. These soil stockpiles may be utilized for
excavation backfill and site reclamation on County -operated projects. This is a County -owned gravel pit; no commercial
gravel and sand sales are anticipated.
M-VDAVE nVPierce NorthVDMG permitAExhibits.doc 7/28/2009
EXHIBIT E - Reclamation Plan
a) Site reclamation will be sequential as mined areas are completed and revegetated. Sand and gravel
excavation, crushing, and stockpiling at the Pierce North site will commence upon receipt of approval from the Colorado
Division of Minerals and Geology. Rock excavation and crushing will be seasonal with stockpiling of gravel for later
uses depending upon the local road repair and construction needs. Topsoil stockpiled at the site will be utilized for
reclamation following cessation of gravel excavation / mining. See Exhibit F.
b) Reclaimed slopes will be graded at a maximum of three to one (3:1) horizontal to vertical.
c) Reclaimed areas will be stabilized by:
i) Concurrent regrading on areas of the site where excavation has been completed.
ii) Replacement of topsoil in thicknesses equal to or exceeding the original topsoil depths
found at the site.
iii) Soil amendments, seed mix, and application rate to be determined in accordance with
NRCS guidelines and Weld County Weed Control requirements.
iv) Local conditions at the Pierce North site dictate a drought -tolerant native species seed mix
appropriate for non -irrigated pasture.
iv) Seed mix and application rate to be determined in accordance with NRCS guidelines and
Weld County Weed Control requirements.
v) Depending on ambient conditions, the application method may be hand broadcast,
hydroseeder, or drill and crimp.
vi) Per NRCS guidance, permanent seed cover will be placed in November on final graded
areas.
vii) Mulch application may be concurrent with seeding (hydroseeding or drill and crimp).
Mulch may include straw and tackifier.
d) The reclaimed Pierce North site is not anticipated to encounter groundwater or surface water and will
have no ponds. The mining area access road may be left as -is following cessation of mining.
e) Reconnaissance of the Pierce North site indicates that the thickness of overburden to be removed during
gravel extraction is minimal. Therefore stockpiling of overburden piles is not anticipated. Soils and waste rock
unsuitable for construction materials will be separated from the gravels and may be stockpiled at the site. These soil
stockpiles will be utilized for excavation backfill and site reclamation.
f) Reclamation, backfill, and seeding estimated costs: Under $20,000.
M:ADAVE BAPierce North VDMG permit AExhibits doc 7/28/2009
EXHIBIT F - Reclamation Plan Map
Reclamation map
See the attached mine reclamation map (Exhibit F) showing the proposed final re -grading of all disturbed areas.
The reclamation final grading will create an on-line detention pond which will reduce flooding risk on Lone Tree Creek.
The detention pond created during and after mining will be below existing grade; therefore rip -rapped runoff inlets and a
rip -rapped outlet spillway will be needed to convey runoff into and out of the pit. It is anticipated that no permanent pool
ponds will be constructed or remain on site; any runoff entering the pit will infiltrate the base and walls of the pit.
It is anticipated that the average thickness of overburden is minimal, however, overburden and excavated soil materials
unsuitable for road construction will be used to backfill excavated areas and for re -grading the site to stable slopes.
Stockpiled topsoil will be placed on re -graded areas prior to seeding with approved native grass seed mixes.
M:\DAVE B\Pierce North\DMG permit\Exhibits.doc 7/28/2009
EXHIBIT G - Water Information
Water Resources
There are no FEMA-designated floodplains or floodways on the Pierce North property proposed for mining
activities.
There are no existing or planned surface water impoundments at the Pierce North site. Water needs for gravel
mining and processing operations are expected to minimal; water for dust control can be obtained and hauled from
County -owned wells at other gravel pits.
There are no irrigation structures on the Pierce North property.
MADAVE B\Pierce North\DMG permit\Exhihits.doc 7/282009
EXHIBIT H — Wildlife Information
Wildlife
The North Pierce site is currently dry -land farmed, typically for winter wheat. No trees are present to offer roost or
nesting sites for birds. Some pheasants have been sighted in the area.
M.DAVE B\Pierce North\DMG permit\Exhibits.doc 7!28/2009
EXHIBIT I — Soils Information
Soil Description
Soils at the Pierce North site are described on Sheet 26 of 43 in the Soil Survey of Weld County, Colorado —
Northern Part published in 1981 by the Soil Conservation Service.
Soils at the Pierce North site include gravelly alluviums (haplaquolls-fluvaquents) associated with the channel of
Lone Tree Creek.
The site contains Altvan fine sandy barns (unit 1). These soils are very well drained with moderate wind and water
erosion potential. The Altvan soils are suitable for non -irrigated agricultural, typically winter wheat. Altvan soils in
the area are used for rangeland pasture where livestock are managed to prevent overgrazing.
The site also contains Bankard loamy fine sands (unit 12). Bankard loamy fine sands are excessively drained,
typically are found in floodplains. Wind erosion potential is high. The Bankard soils are suitable for non -irrigated
rangeland pasture where livestock are managed to prevent overgrazing.
The 1981 soil survey identifies the areas of Altvan fine sandy loams as good for roadfill material but too sandy for
expectation of gravel deposits. The 1981 soil survey identifies the areas of Bankard similarly although Weld
County's experience at the adjacent Pierce pit in Section 7, T8N, R65 W, is that sufficient larger gravel deposits do
exist in the subsurface to provide suitable road base material.
Top soil at the Pierce North site is sparse and very thin, typically less than 6 inches thick.
M:\DAVE B\Pierce North \DMG permit\tixhibits doc 7/28/2009
EXHIBIT J — Vegetation Information
Vegetation Description
The Pierce North site is dry land farmed, usually as winter wheat. The site planned for gravel excavation and
processing has not been irrigated. No trees are present on the North Pierce site.
M:ADAVE 6APierce NorthVDMG permit\Exhihits.doc 7/28/2009
EXHIBIT K — Climate Information
Climate Description
The climate at the Pierce North site is classified as semi -arid. Summers are characterized by with daily high temperatures
of over 90 degrees Fahrenheit dropping to 50 degrees Fahrenheit at night. Winters are characterized by daytime
temperatures near the freezing point, nighttime temperatures are typically 10 to 20 degrees Fahrenheit. Annual
precipitation is approximately 12 to 14 inches, with summer precipitation coming from localized convection cell
thunderstorms. Winter precipitation comes in the form of snow and rain.
M.ADAVE B'Fierce North/DMG permitAExhibits.doc 7/28/2009
EXHIBIT L — Reclamation Costs
Reclamation Costs:
See the attached mine reclamation map (Exhibit F) showing the proposed gradient of all disturbed slopes and the
location of revegetation areas. It is anticipated that no ponds will be constructed or remain on site; however the
reclaimed pit will infrequently intercept surface runoff which may pond for short periods of time before infiltrating
to the ground water table. It is anticipated that the average thickness of overburden is minimal, however, overburden
and excavated soil materials unsuitable for road construction will be use to backfill excavated areas and for site re-
grading to stable slopes. Stockpiled topsoil will be placed on re -graded areas prior to re -seeding with approved plant
type seed mixes. Final site reclamation costs include the cost of native dry land grass seed and mulch application.
The mining plan includes concurrent regrading of mined areas. It is anticipated that final grading and placement of
topsoils from on -site stockpiles followed by re -seeding will cost less than $20,000.
M'.ADAVE BVPierce NorthVDMG permitAExhibits.doc 7/28/2009
EXHIBIT M — Other Permits and Licenses
List of Other Permits:
2. The proposed Pierce North Pit Gravel Pit operation will comply with Weld County zoning
regulations.
a. Use by Special Review (USR) permit — approved by the Weld County Board of County
Commissioners,
3. Permits have also been applied for from the Colorado Department of Public Health and
Environment (CDPHE)
a. CDPHE — Water Quality Control Division (WQCD) for a storm water discharge permit and,
b. Air Pollution Control Division (APCD) for air pollution emission notice (APEN) permit.
Letters of Notification have been sent to the National Resources Conservation Service (NRCS), Colorado
Department of Wildlife (DOW) and the Colorado State Historical Society.
M:DAVE B\Pierce North\DMG permit\Exhibits.doc 7/28/2009
EXHIBIT N — Source of Legal Right — To - Enter
Please see the attached Right to Enter form. The North Pierce property is owned by Weld County.
M:ADAVE BVPierce NorthVDMG permit \Exhibits.doc 7/28/2009
EXHIBIT 0 — Owners of Record of Affected Land (Surface Area) and Owners of Substance to be
Mined
The land owners of the Pierce North site are: Weld County Public Works
The owners of the sand and gravel under the Pierce North site are: Weld County Public Works
M:ADAVE BAPierce North VDMG permitAExhihitshdoc 7/28/2009
EXHIBIT P — Municipalities Within Two Miles
Municipalities Within Two Miles
The proposed Pierce North site lies in unincorporated Weld County. There are no municipalities within a 2 mile
radius of the proposed Pierce North gravel mine site. The Town of Pierce is approximately 2.6 miles to the
southwest. The adjacent WCR 37 gravel road is maintained by Weld County Government. .
M:\DAVE n\Pierce North\DMG permit\Exhibits.doc 7/28/2009
EXHIBIT Q — Proof of Mailing of Notices to County Commissioners and Conservation District
Please see the attached.
M-ADAVE BVPierce North VDMG permit AExhibits.doc 7/28/2009
EXHIBIT R — Proof of Filing with the Weld County Clerk and Recorder
Please see the attached.
M:ADAVE B\Fierce NorthVDMG pemiit'Exhibits.doc 7/28/2009
EXHIBIT S — Permanent Man -Made Structures
Weld County Road 37, a County -maintained graded gravel road extends north -south along the east property line of
the Pierce North site. Visual reconnaissance of the proposed gravel excavation and gravel processing areas revealed
no evidence of past or present structures, foundations or other man-made features, the site is currently dry land
farmed.
There are no other permanent man-made structures within 200 feet of the Pierce North site.
M.\DAVE n\Pierce North\DMG permit \Exhibits.doc 7/28/2009
EXHIBIT T. - Proof of mailing notices of permit application
Please see the attached.
M:ADAVE BAPicrce NorthVDMG permit\Exhibits.doc 7/28/2009
ADDENDUM 1— Notice Requirements:
Board of County Commissioners
Soil Conservation District
Colorado Historical Society
Adjacent landowners within 500 feet of the site boundaries
Notice in newspaper — published once within 10 days of date of application is considered; submitted to
DMG; also mail notice to landowners
Notice posted at site.
MIDAVE B\Pierce North\DMG permit\Exhibits doc 7128/2009
CERTIFIED
July 28, 2009
Anadarko Land Corporation
P. O. Box 9149
The Woodlands, TX 77387-9147
Attn: Manager Property and ROW
PUBLIC WORKS DEPARTMENT
1111 H STREET, P.O. BOX 758
GREELEY, COLORADO 80632
WEBSITE: WWW.CO.WELD.CO.US
PHONE (970) 356-4000, EXT. 3750
FAX: (970) 304-6497
RE: Notification to Mineral Owners and Lessees of Weld County's Pierce North Pit USR Application
Dear Anadarko:
In accordance with the State of Colorado and Weld County regulations, the Weld County Public Works
Department is submitting Colorado Division of Reclamation, Mining and Safety and Weld County Use By
Special Review applications for a new sand and gravel pit. The Weld County Public Works Department is
applying for a mining permit for a 160 -acre site on County -owned property located in the southeast quarter of
Section 1, Township 8 North, Range 66 West of the 61h P.M., Weld County, Colorado.
The intent of this letter is to notify you of the opportunity to provide comments regarding the mining permit.
Please submit any comments to the Colorado Division of Reclamation, Mining and Safety at 1313 Sherman
Street, Denver Colorado 80203 and to the Weld County Planning Department at 918 10th Street, Greeley,
Colorado.
If you have any questions, please call me at (970)304-6496, extension 3739.
Sincerely,
David Bauer
County Engineer - Development
pc: Kim Ogle, Weld County Planning Services
Ron Cattany, Colorado DRMS
USR-????
Pierce North Gravel Pit file
M \DAVE 9'Plerce Norh\DMG permn'dlneral Owners Notihwiion-Anadarko ROW Dept DOC
itttzt
IIIlk.
COLORADO
July 28, 2009
Anadarko E & P Company
P. O. Box 9149
The Woodlands, TX 77387-9147
Attn: Manager Land, Western Division
CERTIFIED
PUBLIC WORKS DEPARTMENT
1111 H STREET, P.O. BOX 758
GREELEY, COLORADO 80632
WEBSITE: WWW.CO.WELD.CO.US
PHONE (970) 356-4000, EXT. 3750
FAX: (970) 304-6497
RE: Notification to Mineral Owners and Lessees of Weld County's Pierce North Pit USR Application
Dear Anadarko:
In accordance with the State of Colorado and Weld County regulations, the Weld County Public Works
Department is submitting Colorado Division of Reclamation, Mining and Safety and Weld County Use By
Special Review applications for a new sand and gravel pit. The Weld County Public Works Department is
applying for a mining permit for a 160 -acre site on County -owned property located in the southeast quarter of
Section I, Township 8 North, Range 66 West of the 6th P.M., Weld County, Colorado.
The intent of this letter is to notify you of the opportunity to provide comments regarding the mining permit.
Please submit any comments to the Colorado Division of Reclamation, Mining and Safety at 1313 Sherman
Street, Denver Colorado 80203 and to the Weld County Planning Department at 918 101h Street, Greeley,
Colorado.
If you have any questions, please call me at (970)304-6496, extension 3739.
Sincerely,
David Bauer
County Engineer - Development
pc: Kim Ogle, Planning Services
Ron Cattany, Colorado DRMS
USR-????
Pierce North Gravel Pit file
NI \DAVE Bd ieme North\DMG permitAMireral Owners Notification -Anadarko ROW Dept DOC
EXHIBIT I
Ink
COLORADO
STATE OF COLORADO )
) ss
COUNTY OF WELD )
PUBLIC WORKS DEPARTMENT
1111 H STREET, P.O. BOX 758
GREELEY, COLORADO 80632
WEBSITE: WWW.CO.WELD.CO.US
PHONE (970) 356-4000, EXT. 3750
FAX: (970) 304-6497
In Weld County, the Clerk to the Board performs those functions relevant to Board of
County Commissioner records actions, which are normally performed by the Clerk and Recorder;
therefore, the entire application, as attached, is on file with the Weld County Clerk to the Board.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County at Greeley, Colorado, this ..491 -1 --day of
BY: s'T
DEPUTY CLERK TO T
M_ADAVE 6APierce North V!WC permit AExhibil !.doe
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