HomeMy WebLinkAbout20071247.tiff RESOLUTION
RE: APPROVE CONSTRUCTION MATERIALS REGULAR (112) OPERATION
RECLAMATION PERMIT APPLICATION 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 a Construction Materials Regular(112)
Operation Reclamation Permit Application from 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, to the Colorado Department of Natural Resources, Division of Reclamation, Mining, and
Safety, with 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 Construction Materials Regular(112) Operation Reclamation Permit
Application from 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, to the Colorado
Department of Natural Resources, 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.
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 2nd day of May, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WELD .1‘1TY, CCOL�ORr
ATTEST: 14 I I ]E i �i c L� \ 'K ' s7
'� w id E. Long, Chair
Weld County Clerk to the Bo
1861 t fiV et:4-
,.m H. P -
BY: i" c' ♦cG' l :,.P i �.
Deputy Cle to the Board v %,, :1:o „/
-,--"_ - illia . Garc'a
APP D AS TO Y Y`D J
bert D. Ma dente jGounty Attorney , 0 oio
9 ,1)---
Douglas R demac etf r
2007-1247
EG0056
PP ; P6° Ca°-u_i_) 05,21-o 7
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman SL,Room 215 COLORADO
DIVISION Of
Denver,Colorado 80203
Phone:(303)866-3567 CONSTRUCTION MATERIALS MINERALS
N EE RA L S
FAX:(303)832-8106 REGULAR(112)OPERATION GEOLOGY
a[CLAMATION•MINI N6
RECLAMATION PERMIT APPLICATION FORM Sale TT•toENee
Bill Owens
Governor
CHECK ONE: There is a File Number Already Assigned to this Operation Russell George
Permit# M - - (Please reference the file number currently assigned to this operation) Executive Director
Ronald W.Canany
Y New Application(Rule 1.4.5) Amendment Application(Rule 1.10) Division Director
Conversion Application(Rule 1.11) Natural Resource Trustee
Permit# M - - - (provide for Amendments and Conversions of existing ins tints)
The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts:(1)the application form;
(2)Exhibits A-S,Addendum 1,any sections of Exhibit 6.5(Geotechnical Stability Exhibit:and(3)the application fee. Wiwi you submit your
application,he sure to include one(I)complete signed and notarized ORIGINAL and one(I)copy of the completed application form,two(2)
copies of Exhibits A-S,Addendum I,appropriate sections of 6.5(Geotechnical Stability Exhibit,and a check for the application fee described
under Section(4)below. Exhibits should NOT be bound or in a 3-ring binder;maps should be folded to 8 1/2"X 11"or 8 1/2"X 14"size. To
expedite processing,please provide the information in the format and order described in this form.
GENERAL OPERATION INFORMATION
Type or print clearly,in the space provided,ALL information'/ requested below. /,J /'
1. Applicant/operator or company name(name to be used on permit): Well C i- ti il -�PCW%C WORK S
1.1 Type of organization(corporation,partnership,etc.): COln,"-,l ¢0 arm N'W.rv/
2. Operation name(pit,mine or site name): FSCI 1S hela 1 J
3. Permitted acreage(new or existing site): _ US,e 7 permitted acres
3.1 Change in acreage(+) acres
3.2 Total acreage in Permit area j(5.7 acres
4. Fees:
4.1 New Application $2.344.00 application fee
4.2 New Quarry Application $2,906.00 quarry application
4.4 Amendment Fix: $1 938.00 amendment fee
4.5 Conversion to 112 operation(set by statute)) �'"" p/ $2,344.00 conversion fee
5. Primary commoditie(s)to be mined: Set;NJ _yr6_1_ C
5.1 Incidental commoditie(s)to be mined: I. - Ibs/Tons/yr 2. / lbs/Tons/yr
3. / lbs/Tons/yr 4. / Ibs/fons/jr 5. / Ibs/fons/yr
5.2 Anticipated end use of primary commoditie(s)to be mined: CO GCNfj ko u/ CO n(172.14 C1:R-y '1- r+TA(n l,.(eet2hca
5.3 Anticipated end use of incidental commoditie(s)to be mined: J
•
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey
2007-1247
-2-
6. Name of owner of subsurface rights of affected land:
If 2 or more owners,"refer to Exhibit O". / / / [�
7. Name of owner of surface of affected land: The.h_ 'F SA l�2.Ie�j / l SCL4
8. Tyne of minute operation: DC Surface Underground
__ /
9. Location Information: The center of the area where the majority of g will occur:
COUNTY: W
PRINCIPAL MERIDIAN(check one): ✓ 6th(Colorado) 10th(New Mexico) Ute
SECTION(write number): s 7
TOWNSHIP(write number and check direction): T 1 V K North South
RANGE(write number and check direction): R 57 East West
QUARTER SECTION(check one): _NE _NW SE _SW
QUARTER/QUARTER SECTION(check one): NE NW SE SW
GENERAL DESCRIPTION:(the number of miles and direction from the nearest town and the approximate elevation):
CO 1411-4.-V ho2E, ci / Pk.) RyinPit
10. Primary Mine Entrance Location(report in either Latitude/Longitude OR UTM):
Latitude/Longitude:
Example: (N) 39° 44' 12.98"
(W) 104° 59' 3.87"
Latitude(N): deg min sec (2 decimal places)
Longitude(W): deg min sec (2 decimal places)
OR
Example: (N) 39.73691°
(W) -104.98449°
098 p�-
Latitude(N) 40 • 3 7._ (5 decimal places)
Longitude(W) ( 0 3 .791F 2 (5 decimal places)
OR
Universal Tranverse Mercator(UTMI
Example: 201336.3 E NAD27 Zone 13
4398351.2 N
UTM Datum(specify NAD27,NAD83 or WGS 84) Zone
Fasting r3 8&0i967E"
Northing X15 23 4O7 A)
-3-
1 1. Correspondence Information:
APPLICANT/OPERATOR (name,e,address,and phoneof name to he used on permit)
Contact's Name: LA1�11��+ ll.QGI /�n / Title: Seh/0/2 9 fsr/Q�
Company Name: WEL>>p COUNT/ Ptt6C/(C '�/V0`4%S
Street/P.O.Box: f o. QO,Y _7s0 1//I /'t' S iaafp.o.Box:
City: GAEEC £y
state: CO Zip Code: e03 6z
Telephone Number: ( £, 70 _ 3 O4 - 61-946
p
Fax Number: ( /7(2 )- 3O4 — 64-97
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name: Sth✓''E-- Title:
Company Name:
Street/P.O.Box: P.O.Box:
City:
State: Zip Code:
Telephone Number: ( )-
Fax Number: I )-
INSPECTION CONTACT
Contact's Name: .$0S v>,e •
Title:
Company Name:
Street/P.O.Box: P.O.Box:
City:
State: Zip Code:
Telephone Number: I )-
Fax Number: ( 1-
CC: STATE OR FEDERAL LANDOWNER(if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: f )-
CC: STATE OR FEDERAL LANDOWNER(if any)
Agency: { V/A2—
Street:
City:
State: Zip Code:
Telephone Number: f )-
-4-
12. Primary future(Post-minim')land use(check one):
Cropland(CR) _ Pasturcland(PL) _ General Agriculture(GA)
�C Rangeland(RL) Forestry(FR) Wildlife Habitat(WL)
Residential(RS) Recreation(RC) Industrial/Commercial(IC)
Developed Water Resources(WR) Solid Waste Disposal(WD)
13. Primary present land use(check one):
_ Cropland(CR) Pastureland(PL) General Agriculture(GA)
Rangeland(RL) Forestry(FR) _ Wildlife Habitat(WL)
Residential(RS) _ Recreation(RC) _ IndustriallCommercial(IC)
Developed Water Resources(WR) may/ -
14. Method of Mining: Briefly explain mining method(e.g.truck/shovel): SCfl/�1 Caeca va 0,e / nt
4
15. On Site Processing: K Crushing/Screening �n
13.1 Briefly explain mining method(e.g.truck/shovel): cCect/Pd ata VA-/I'll Yeti el List any designated chemicals or acid-producing materials to be used or stored within permit area: ND n e
16. Description of Amendment or Conversion:
If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s).
/V/4
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Maps and Exhibits:
Two(2)complete,unbound application packages must be submitted. One complete application package consists of a signed application fonn
and the set of maps and exhibits referenced below as Exhibits A-S,Addendum 1,and the Geotechnical Stability Exhibit. Each exhibit within the
application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of
reference. If separate documents are used as appendices,please reference these by name in the exhibit.
With each of the two(2)signed application forms,you must submit a corresponding set of the maps and exhibits as described in the following
references to Rule 6.4,6.5,and 1.6.2(I X6):
EXHIBIT A Legal Description
EXHIBIT B Index Map
EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands
EXHIBIT D Mining Plan
EXHIBIT E Reclamation Plan
EXHIBIT F Reclamation Plan Map
EXHIBIT G Water Information
EXHIBIT H Wildlife Information
EXHIBIT I Soils Information
EXHIBIT J Vegetation Information
EXHIBIT K Climate Information
EXHIBIT L Reclamation Costs
EXHIBIT M Other Permits and Licenses
EXHIBIT N Source of Legal Right-To-Enter
EXHIBIT O Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined
EXHIBIT P Municipalities Within Two Miles
EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District
EXHIBIT R Proof of Filing with County Clerk or Recorder
EXHIBIT S Permanent Man-Made Structures
Rule 1.6.2(I)(b) ADDENDUM I -Notice Requirements(sample enclosed)
Rule 6.5 Geotechnical Stability Exhibit(any required sections)
The instructions for preparing Exhibits A-S, Addendum I, and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and
Rule 1.6.2(I)(b)of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required,or
would like to schedule a pre-application meeting you may contact the Office at 303-866-3567.
Responsibilities as a Permittee:
Upon application approval and permit issuance,this application becomes a legally binding document. Therefore,there are a
number of important requirements which you, as a permittee, should fully understand. These requirements are listed below.
Please read and initial each requirement,in the space provided,to acknowledge that you understand your obligations. If you do not
understand these obligations then please contact this Office for a full explanation.
P-a6 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;
3 2. The Board may suspend or revoke this permit,or assess a civil penalty,upon a fording that the pemuttee 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,
�2)
substantial civil penalties,to you as permittee can result;
A4. 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;
' ._97), 5. It is your responsibility to notify the Office of any changes in your address or phone number;
/3 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.
r, •
Q 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.
�Q 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions
listed in your application,as well as with the provisions of the Act and the Construction Material Rules and Regulations
in effect at the time the permit is issued.
.Dn S 9. Annually,on the anniversary date of permit issuance,you must submit an annual fee as specified by Statute,and
an annual report which includes a map describing the acreage affected and the acreage reclaimed to date(if there are
changes from the previous year),any monitoring required by the Reclamation Plan to be submitted annually on the
anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example,a permit
with the anniversary date of July 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 fmancial 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.
{DS 10. For Joint venture/partnership operators:the signing representative is authorized to sign this document and a power
of attorney(provided by the partner(s))authorizing the signature of the representative is attached to this application.
Permit Condition:
__ /J A reportable spill is a spill of any toxic or hazardous substance(including spills of paroleum 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 Commission,any local Emergency Planning Commission,
local Emergency Planning Committee,or the State Oil Inspector. The Mine Operator shall notify the Division of Minerals
and Geology(DMG)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 Minerals and Geology,
FAX(303) 832-8106. The FAX shall include a call-back number of a responsible company official for DMG staiftouse
as a contact.
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NOTE TO COMMENTORS/OBJECTORS:
It is likely there will be additions,changes,and deletions to this document prior to final decision by the Office. Therefore,if you
have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what
changes may have been made to the application document.
The Office is not allowed to consider comments,unless they are written,and received prior to the end of the public comment
period. You should contact the applicant for the£mal date of the public comment period.
If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process,you may
contact the Office at(303)866-3567.
I
-8-
Certification:
As an authorized representative of the applicant,I hereby certify that the operation described has met the minimum requirements of
the following terms and conditions:
1. To the best of my knowledge,all significant,valuable and permanent man-made structure(s)in existence at the time this
application is filed, and located within 200 feet of the proposed affected area have been identified in this application
(Section 34-32.5-115(4)(e),C.R.S.).
2. No mining operation will be located on lands where such operations are prohibited by law
(Section 34-32.5-115(4)(f),C.R.S.;
3. As the applicant/operator, I do not have any extraction/exploration operations in the State of Colorado currently in
violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials
(Section 34-32.5-120,C.R.S.)as determined through a Board finding.
4. I understand that statements in the application are being made under penalty of perjury and that false statements made
herein are punishable as a Class I misdemeanor pursuant to Section 18-8-503,C.R.S.
This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,CRS.,of the Colorado Land
Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any
permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating without
a permit pursuant to section 34-32.5-123,C.RS.
Signed and dated this 2nd day of u. , 2007 (�
p
Wei � I4 1 , , /z≤ ,,`j �* 'dtE. L n f�a'r, Boar of County
A licant/O erateforCom Name /02/20s
PP P Pant' ' IRI � C � � � Comm'�•/02/2007
1
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SignedJL-Gr 7A/�4' d/ 1�%/z� � �;' C _ .t u to 4 1
Ujt. 1" ' Cirp'rate Secretary or Equiv. nt
(�� 'fir r-•..
Title: ,ern-FL Elin,e,i--t. Town/City/County Clerk
State of rt4 —16P 1,
ss.
County of tOk(a .
The foregoing instrument was acknowledged before me this x/Ytik day of 17 _r' S. iv 1'1 ,
by ,� r �L ! c'L A L.ti l � •
as .tiv u142'.:. ;=�'zct� of :•Z •' • ! 11 •
Notary ' ' • '. [/$ij
OF Ver.
My Commissio
MyCommission Expux02/15l2OIO
SIGNATURES MUST BE IN BLUE INK
M-hmnWueW,fomn\Coneounion 112 doc (Approved 05/11/2005)
aoe /0?y7
You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a proposed
mining operation. The following is a sample of the Notice required for Rule 1.6.2(1)(b)that you may wish to use.
NOTICE 'II /
This site is the location of a proposed construction materials operation. (Name of the Applicant/Operator) /lie(I C tmj t/ . �C
whose address and phone number is(Address and Phone Number of the Applicant/Operator)t C ear 75Y tree*QQhaas �W✓
i
applied for a Reclamation Permit with the Colorado Mined Land Ieclamation Board. Anyone wishing to comment on the
application may view the application at the(County Name) 2P� County Clerk and Recorder's Office,(Clerk
and Recorder's Office Address) 915 (O' '&eft and should send comments prior to the end of the public
comment period to the Division of Minerals and Geology, 1313 Sherman St,Room 215,Denver,Colorado 80203.
Certification:
I, ,hereby certify that I posted a sign containing the above notice for the proposed permit
area known as the(Name of Operation) ,on(Date Posted) , .
SIGNATURE DATE
MA= It2 doc(Approved 05/11/2005)
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR(112)CONSTRUCTION MATERIALS EXTRACTION OPERATION
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
WEL2) COUNTY
Weld WLtn1 at/re(' VIAO/e/tS (the"Applicant/Operator")has applied for a Regular(112)reclamation permit
from the Colorado fined Land Reclamation Board(the"Board")to conduct the extraction of construction materials operations in
WEc b 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 Minerals and Geology(the"Division")and the local
county clerk and recorder.The applicant/operator proposes to reclaim the affected land to V6 t-la e /l1 ti.a/ use. Pursuant to
Section 34-32.5-116(4)(m),C.R.S.,the Board may confer with the local Bard of County Commissioners before approving of the
post-mining land use. Accordingly,the Board would appreciate your comments on the proposed operation. Please note that,in
order to preserve your right to a hearing before the Board on this application,you must submit written comments on the application
within twenty(20)days of the date of last publication of notice pursuant to Section 34-32.5-112(10),C.R.S.
If you would like to discuss the proposed post-mining land use,or any other issue regarding this application,please contact the
Division of Minerals and Geology, 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.
MAtninbhere ve msComwction 112 doc(Approved 05/11/2005)
EXHIBIT B - Index Map
Index Maps
Regional Index Map
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r'-; Fiscus North 1a :- E -;' v'i is t- l r`
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M:\DAVE B\FiscusPermits\DMG permit\Exhibits.doc 4/27/2007
See below excerpted from U.S. Geological Survey Topographic Quadrangle map (Gatehook Spring
Quadrangle).
Local Index Map
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ir 'r S I vJ ITILTI'Iti.- -+)}
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•rwt i .v �l 'i�n aw.tAwrw j "h".(1-.
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M:\DAV E B\FiscusPermits\DMG permitExhibits.doc 4/27/2007
MEMORANDUM
TO: Esther Geisick, Clerk to the Board
DATE: April 25, 2007 2
FROM: David auer,C. .E.
SUBJECT: Notice of Filing Application for Colorado Mined
Land Reclamation Permit— Fiscus North site
COLORADO
As part of our application process, the Weld County Public Works Department requests that the
Clerk to the Board sign the attached Certification that the BOCC has been notified that the Weld
County Public Works Department intends to apply to the Colorado Department of Mining
Reclamation and Safety for a Colorado Mined Land Reclamation Permit for the proposed Fiscus
North sand and gravel pit. Please see the attached Pass-Around initialed by the BOCC members.
If you have any questions, please give me a call.
dd:7 Wm
7
Tricky, L
M:\DAVE B\FiscusPermits\Request Clerk to Board sign.doc
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: Fiscus North Gravel Pit
DEPARTMENT: PUBLIC WORKS DATE: March 14, 2007
PERSON REQUESTING: David Bauer
Brief description of the problem/issue: Request Board's permission to begin Colorado Division of Mining,
Safety and Reclamation and the Weld County USR permitting for the Fiscus North gravel pit to be located
approximately 16 miles north of New Raymer. The proposed pit is adjacent to WCR 120 and WCR 133. The
gravel pit operations are planned to be seasonal.
This gravel pit will be a dry pit (no water rights issues) on privately-owned land adjacent to the reclaimed
Fiscus Gravel Pit. The anticipated pit life is approximately two to four years. Permit application materials have
been completed by Public Works staff The anticipated costs include approximately $3000 for the Division of
Mining, Safety, and Reclamation permit, $5000 for Weld County USR application, and an estimated $3000 for
environmental surveys, for a total of$11,000.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options) The typical time
frame for gravel pit permit processing through the Division of Mining, Safety, and Reclamation is one year.
The County has additional gravel/road base needs for ongoing road maintenance in the vicinity of the Fiscus
site; additional nearby resources will reduce trucking time from Greeley area reserves. Alternative private
sources may be available at a market cost and would also involve trucking costs.
Recommendation to the Board: Public Works recommends initiating the permitting process for the Fiscus
North Gravel Pit.
Approve Schedule
Recommendation� Work Session Other
David E. Long \.j
William H. Jerke
William F. Garcia
Robert D. Masden `1
Douglas Rademacher
Attachments
pc: Pat Persichino, Director of Public Works
M:'Mining\Fiscus North\FiscusWork Session Request.doc
MEMORANDUM
ID
• TO: Donna Bechler, Clerk to the Board DATE: 9/24/2007
FROM: Dave Bauer, Chief Senior Engineer, Public Works
COLORADO
SUBJECT: Fiscus North Gravel Pit
Addition to Existing Doc #2007-1247
Attached are the supporting documents to complete the required filing with Weld County for the
Division of Reclamation, Mining and Safety for the Fiscus North Gravel Pit.
Enclosure
pc: Fiscus North Gravel Pit file
•
M:\Francie\Agenda Item.doc
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02:45PM FROM-DIV RECLAMATION MINING & SAFETY 3038328102 T-490 P.002/003 F-420
511�1 t LJr L.vLvlv-vv
POT
N OF RECLAMATION,MINING AND SAFETY
nt of Natural Resources
rmanSt.,Room215 COLORADO
olorado80203 DIVISION OF
RECLAMATION
)8 2-81067 MINING
)832 106 —a-
SAFETY
Sill Ritter,Jr.
September 20, 2007 Governor
Hams D.Shcmun
Executive Director
Mr. David Bauer Ronald W.CannyWeld County Public Works Division Director
P.O. Box 758 Natural Rau'«Trustee
Greeley, CO 80632
RE: Adequacy Review of the Application, Fiscus North Pit,File No.M-2007-038
Dear Mr. Bauer:
Personnel turnover at the Division of Reclamation, Mining, and Safety(DRMS) has resulted in a delay in
the processing of the above referenced permit application, and for that we sincerely apologize. Please rest
assured that DRMS will promptly process the application from this day forward. You may have already
received or shortly will receive,under separate cover, a letter instructing you to initiate public notice of the
application. In order to allow time for public and government agency comment on the application following
the public notice,the decision date for the Fiscus North Pit is hereby reestablished as November 30, 2007.
•DRMS maybe able to make a decision prior to November 30, depending on your responses to the issues
listed below and the nature of any comments received,but cannot make a decision prior to the close of the
public comment period.
Issues Related to the Adequacy of the Application:
1. The notarization on page 8 (the signature page) of the application must be corrected. The original page
8 is enclosed for modification. If the original notary public Zelma S. Wahl is available,have her fill in
the"of'blank(highlighted)in the notary block with "Weld County Public Works"and initial the
change. If the original notary is not available, then the page must be completely re-executed.
2. Please clarify whether or not any part of the permit area is within the West Greeley Conservation
District. If the answer is yes,you must send a notice of the application to the District and provide
DRMS proof that the notice was given. Proof of notice shall be in the form of a return receipt of a
certified mailing or a date-stamped copy of the notice acknowledging receipt by the District. A form for
the notice is enclosed.
3. It is indicated in the application that notice of the application was posted at the proposed pit location.
However,the required certification that the notice was posted has not been provided. Please complete
the certification form (enclosed) and return it to DRMS.
•4. Exhibit N to the application, Source of Legal Right to Enter, is in the form of an access letter signed by
the landowners_ The content of the letter is acceptable, but DRMS requires that the signatures be
Office of
Office of Active and Inactive Mine:
Mined land Reclamation Denver • Grand JunctionDurango
SEP-21-2O0T O2:45PM FROM-DIV RECLAMATION MINING & SAFETY 3038328102 T-480 P.OO3/OO3 F-420
Letter to David Bauer September 20,2007
• Adequacy of the Application File No.M-2007-038
notarized. See Rule 6.3.7 of the Construction Materials Rules and Regulations of the Colorado Mine
Land Reclamation Board.
5. Exhibit R to the application,Proof of Filing with the Weld County Clerk and Recorder,is a copy of the
signature page of the application form. It is not clear how this document demonstrates that a copy of the
application was placed for view with the clerk and recorder. Rule 6.4.18 requires an affidavit or receipt
indicating the date on which the application was placed with the County Clerk and Recorder for public
review. Please provide such an affidavit or receipt.
6. DRMS requires specific details for the reclamation plan to be provided in the application. Please
provide the following
a. Description of tilling and seed bed preparation.
b. Fertilization,if needed.
c. Seed mix and rate in pounds pure live seed per acre.
d. Mulch type,rate,and application method.
You should contact the Natural Resource Conservation Service for assistance inputting together this
information.
Please provide proof of newspaper publication and notice to surrounding landowners with 200 feet of the
• affected land(if any)as soon as you have them. If you have any questions,please contact me at 303-866-
4063.
Sine ,
Allen C. Sorenson
Reclamation Specialist
enclosrue(s)
cc: Carl Mount,DRMS (via entail and w/o enclosures)
Elizabeth Shelton,DBMS(via email and w/o enclosures)
• C:44ee EIaWY Documents 4-14!16 dwlFee,.s neSi p≥sAnumv lerz doe
• RESOLUTION
RE: APPROVE CONSTRUCTION MATERIALS REGULAR (112) OPERATION
RECLAMATION PERMIT APPLICATION 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 a Construction Materials Regular(112)
Operation Reclamation Permit Application from 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, to the Colorado Department of Natural Resources, Division of Reclamation, Mining,and
Safety, with 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 Construction Materials Regular(112)Operation Reclamation Permit
Application from 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, to the Colorado
Department of Natural Resources,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.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 2nd day of May, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WELDMNTY, pOL �O
/� -
ATTEST: „����{� �� � ,/���,
id c` y
lE. Long, Chair
Weld County Clerk to the Bo-.�1861 t (Iv L,
tj m Jerk
BY:
Deputy Cle to the Board `.` -% ',f, ����
illia Garc'a �
APP DASTO I\Yn'W/
bert D. Ma den
�
ounty Attomey 4" i ��C O ittS�
Douglas R demac er
2007-1247
EG0056
OP ; Pa) Caa^:c 5� 05-02/-0 7
STATE OF COLORADO
• DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman Si.,Room 215 COLORADO
DIV L$1ON Or
Denver,Colorado 80203 MINERAL S
Phone:(3o31866-3567 CONSTRUCTION MATERIALS —6�
FAX:1303)532-8106 REGULAR(112)OPERATION GEOLOGY
•cCl"N6r10N•NININ4
RECLAMATION PERMIT APPLICATION FORM -s neNee
Bill Owens
Governor
CHECK ONE: 'There is a File Number Already Assigned to this Operation Russell George
Permit I M -=i_ (Please reference the file number currently assigned to this operation) ("'olive Direct'
X — Ronald W.Eta y
New Application(Rule 1.4.5) Amendment Application(Rule 1.10) Division Gleoas
Conversion Application(Rule I.11) Naaral Resource Trusee
Permit P M - - _ (provide for Amendments and Conversions of existing permits)
The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts:(1)the application form;
(2)Exhibits A-S,Addendum 1,any sections of Exhibit 6.5(Geotechnical Stability Exhibit;and(3)the application fee. When you submityrarr
application,he sure to include one(1)complete signed and notarized ORIGINAL and one(1)copy of the completed application farm,two(2)
copies of Exhibits A-S,Addendum I,appropriate sections of 6.5(Geotechnical Stability Exhibit,and a check for the application fee described
under Section(4)below. Exhibits should NOT be bound or in a 3-ring binder;maps should be folded to 81/2"X ll'or812'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 inform-action requested below. /,' /
1. Applicant/operator or company name(name to be used on permit): we le C u n± P?r&4 c IA)O2K-S
1.1 Type of organization(corporation,partnership,etc.): DVerk1 N4.-1
• 2. Operation name(pit,mine or site name): 1 (SCl1s k'D----- ≥
3. Permitted acreage(new or existing sltel: 1(5e 7 permitted acres
3.1 Change in acreage(+) acres
3.2 Total acreage in Permit area ((S.7 acres
4. Foes:
4.1 New Application $2.344.00 application fox
4.2 Ncw Quarry Application $2.906.00 quarry application
4.4 Amendment Fe: $19381)0_ amendment fee
4.5 Conversion to 112 operation(set by statute)) ,./ $2,344.00 conversion fee
Set i
5. Primary commoditle(s)to be mined: Set *ERA_ _
5.1 Incidental cornmoditie(s)to be mined: I. - Ibs/Tonsk / lbslfons/r
3. / lbs/fons/yr 4. / lbs/fons/ 5. ,/ Ibsrfonskr
5.2 Anticipated end use of primary commoditie(s)to be mined: CO U fall 1'AQC/ CO n c ell( 9r,4 'f fl-.A(n l9rvVtCe_
5.3 Anticipated end use of incidental conmolitie(s)to be mined: -
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey
2007-1247
•
-2-
• 6. Name of owner of subsurface rl2bts of affected land:
If 2 or more owners,"refer to Exhibit O'. T /
7. Name of owner of surface of affected land: TUC{'L r SitlR-ILy 11:5
8. Tyne of mining operation x Surface Underground
9. Location Information: The center of the area where the majority
punmg will occur.
•
COUCOUNTY: aj ria/
PRINCIPAL MERIDIAN(check one): I 6th(Colorado) 10th(New Mexico) the
SECTION(write number): S 7
TOWNSHIP(write number and check direction): T 1 b X North _South
RANGE(write number and check direction): R 57 East X West
QUARTER SECTION(check one): _NE _NW SE _SW
QUARTER/QUARTER SECTION(check one): _NE NW SE SW
GENERAL DESCRIPTION:(the number of miles and direction from the nearest town and the approximate elevation):
Ii)knI hoPzf61 of A&Pm) inPie
I0. Primary Mine Entrance Location(report in either Latitude/Longitude OR UTM): •
Latitude/Longitude:
Example: (N) 39° 44' 12.98"
(W) 104° 59' 3.87"
• Latitude(N): deg min sec (2 decimal places)
Longitude(W): deg min sec (2 decimal places)
OR
Example: (N) 39.73691°
(W) -1004.98449° pc
Latitude(N) 40 • OJ 1_ (5 decimal places)
Longimde(W) � l/) .7902 (5 decimal places)
OR
Universal Tranverse Mercator(UTM(
Example: 201336.3 E NAD27 Zone 13
4398351.2 N
UTM Datum(specify NAD27,NAD83 or Was 84) Zone
Easting t3 19610 06 7r
Northing Lis 23407 )A)
-3-
• 11. Corrwoondence Information:
APPLICANT/OPERATOR (name,address,and phone of name to he used on permit)
Contact's Name: -DAVID 73,4u12 Title: Sento �i meee
Company Name: WELD COuN7/ Pueuc U,'oIic5
Street/P.O.Box: Pia. Rox 7S.' U(( H S1eacfp.o.Box:
City: GA-EEC E'y
State: CO Zip Code: 670632
Telephone Number: ( pg. 70 )- 3 041- - /'6l
Fax Number: f !7a 1- 304 64p y
PERMITTtNO CONTACT (if different from applicant/operator above)
Contact's Name: SO,eh-Q. Title:
Company Name:
Street/P.O.Box: P.O.Box:
City:
State: Zip Code:
Telephone Number: ( 1-
Fax Number: I 1-
INSPECTION CONTACT
Contact's Name: .50.vn e •
Title:
Company Name:
Street/P.O.Box: P.O.Box:
• City:
State: Zip Code:
Telephone Number: ( 1-
Fax Number: I 1-
CC: STATE OR FEDERAL LANDOWNER(iif am?)
Agency: 7/4
Street:
City:
State: Zip Code:
Telephone Number: f 1-
CC: STATE OR FEDERAL LANDO R if
Agency: N
Street:
City:
State: Zip Code:
Telephone Number: f 1-
•
-4-
• 12. Primary future(Foot-minims)land use(check one):
Cropland(CR) Pasturcland(PI.) _ General Agriculture(GA)
X Rangeland(RL) _ Forestry(FR) Wildlife Habitat(WL)
Residential(RS) _ Recreation(RC) _ Industrial/Commercial(IC)
Developed Water Resources(WR) _ Solid Waste Disposal(WD)
13. Primary present land use(check ore):
_ Cropland(CR) . Pastureland(PL) _ General Agriculture(GA)
A Rangeland(RL) Forestry(PR) Wildlife Habitat(WL)
Residential(RS) _ Recreation(RC) ` Industrial/Commercial(IC)
Developed Water Resources(WR) �}/
14. Method of Mining: Briefly explain mining method(e.g.truck/shovel): sant/Lei, cite'?f/A/o kno
15. On Site Processing: K Cnishing/Screciting Le fan /��
13.1 Briefly explain mining method(e.g.truck/shovel): ctr yl.PF Ora da- -t) > CPr
List any designated chemicals or acid-producing materials to be used or stored within permit area: !✓o n e
• 16. Description of Amendment or Conversion:
If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s).
•
I
-5-
Man and Exhibits:
Two(2)complete,unbound application packages must be submitted. One complete application package consists of a signed application fern
and the set of maps and exhibits referenced below as Exhibits A-S,Addendum 1,and the Geotechnical Stability Exhibit.Each calla 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 am used as appendices,please reference these by name in the exhibit
With each of the two(2)signed application forms,you must submit a corresponding set of the maps and exhibits as described in the following
references to Rule 6.4,6.5,and 16.2(1X13):
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
EXHBrr K Climate Information
EXHIBIT L Reclamation Costs
EXHIBIT M Other Permits and Licenses
EXHIBIT N Source of Legal Right-To-Enter
EXHIBIT O Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined
EXHIBIT P Municipalities Within Two Miles
• EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District
EXHIBIT R Proof of Filing with County Clerk or Recorder
EXHIBIT S Permanent Man-Made Structures
Rule I.6.2(I)(b) ADDENDUM I -Notice Requirements(sample enclosed)
Rule 6.5 Geotechnical Stability Exhibit(any required sections)
The instructions for preparing Exhibits A-S,Addendum I,and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and
Rule 1.6.2(1)(b)of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required,or
would like to schedule a pre-application meeting you may contact the Office at 303-866-3567.
Responsibilities as a Permittee:
Upon application approval and permit issuance,this application becomes a legally binding document. Therefore,there are a
number of important requirements which you,as a permittee, should fully understand. These requirements are listed below.
Please read and initial each requirement,in the space provided,to acknowledge that you understand your obligations.If vcu do not
understand these obligations then please contact this Office for a full explanation.
,2_,S 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;
•
• 0/.3 2. The Board may suspend or revoke this permit,or assess a civil penalty,upon a fording that the pemtittee 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;
I)8 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;
J)R 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;
'W_)/3
5. It is your responsibility to notify the Office of any changes in your address or phone number;
pA,.. 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.
VD[3 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.
(IDA B. 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 Constriction Material Rules and Regulations
nn in effect at the time the permit is issued.
• Y-�7 9. Annually,on the anniversary date of permit issuance,you must submit an annual fee as specified by Statute,and
an annual report which includes a map describing the acreage affected and the acreage reclaimed to date(if there are
changes from the previous year),any monitoring required by the Reclamation Plan to be submitted annually on the
anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example,a permit
with the anniversary date of July I, 1995,the annual fee is for the period of July 1, 1994 through June 30, 1995.
Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty,revocation of
your permit,and forfeiture of your financial warranty. It is your responsibility,as the permittee,tocontinue to pay your
annual fee to the Office until the Board releases you from your total reclamation responsibility.
Di3 10. For ioint venture/oartnership operators:the signing representative is authorial to sign this document and apower
of attorney(provided by the partner(s))authorizing the signature of the representative is attached to this application.
Permit Condition:
A reportable spill is a spill of any toxic or hazardous substance(including spills ofpetrdemnproduds)within the
mined land perm it area reportable to any Division of the Colorado Department of Public Health and the Environment,the
National Response Center,the Colorado Emergency Planning Commission,any local Emergency Planning Commission,
local Emergency Planning Committee,or the State Oil hopc..tor. The Mine Operator shall notify the Division of Minerals
and Geology(DMG)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 r epu,table spill shall be FAXed to: Minerals Program Supervisor,Division of Minerals and Geology,
FAX(303)832-8 106. The FAX shall include a call-back number of a responsible company official for DMG staff touse
as a contact.
• _ - ----
-7-
• NOTE TO COMMENTORS/OBJECTORS:
It is likely there will be additions,changes,and deletions to this document prior to final decision by the Office. Therefore,if you
have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what
changes may have been made to the application document.
The Office is not allowed to consider comments,unless they are written,and received prior to the end of the public comment
period. You should contact the applicant for the final date of the public comment period.
If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process,you may
contact the Office at(303)866-3567.
•
• I
-8-
• Certification:
As an authorized representative of the applicant,I hereby certify that the operation described hasmet the minimum requirementsof
the following terms and conditions:
I. 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 34-32.5-1 15(4)(e),C.RS.).
2. No mining operation will be located on lands where such operations are prohibited by law
(Section 34-32.5-115(4)(f),CRS.;
3. As the applicant/operator,I do not have any extraction/exploration operations in the State of Colorado currently in
violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials
(Section 34-32.5-120,C.R.S.)as determined through a Board finding.
4. I understand that statements in the application are being made under penalty of perjury and that false statements made
herein are punishable as a Class I misdemeanor pursuant to Section 18-8-503,C.R.S.
This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,CRS.,of the Colorado Land
Reclamation Act for the Extraction of Contrition Materials. Any alteration or modification ofthis form shall result of voiding any
permit issued on the altered or modifwdform and subject the operator to cease and desist orders and civilpenalties for operating without
t
a permit pursuant to section 34-32.5-123,C.R.S.
Signed and dated this 2nd day of ,.- , 2007
� iv p:1/ L L24- ' .� v+/�•, "d E- L sn Cx, Boar 7• County
(,V1 Lcr, I /tC W - �� r yj s l Comm sinners
Applicant/Operat or Company Name �. �!•, ii •/02/2007
• � �,// 1161 •/ /J/
$igflCd:J�-7.f'Y�'!�I' /-�I�YLf/L� •r `` 1 p%7 ' ,r don
� ,( ® ,f °�� C�4�rate Secretary orEquiv ' t
Title: S?gtr-n l ;26-z. Town/City/County Clerk
State of l e('.1)AS dI,
ss.
County of GCS(a. flic
)
The foregoing instrument was acknowledged before me this )` day of -1i :�5...`S• W 1'i 1 -
by i✓:e,.L.Le G C._IT„rt:U=L- as ti,2u1,-'r- iC ,u'Gt� of •-u •••C 'i.
i •S' i p• g
Notary ' ' ' • I
OF
My Commissio '��
tb Catand.nan Expires a2/itll20tb
SIGNATURES MUST BE IN BLUE INK
A1.b,unWvew•f!Cauuvc,ion 112 he(Approved 05/1172005)
• 07oo7/a22/7
You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a proposed
• mining operation. The following is a sample of the Notice required for Rule 1.6.2(l)(b)that you may wish to use.
NOTICE ',I / /
This site is the location of a proposed construction materials operation. (Name of the Applicant/Operator)W e( (ltmty I li
whose address and phone number is(Address and Phone Number of the Applicant/Operator),0.l p,r 75Y (i reePy C�L�ih/as S
i
applied for a Reclamation Permit with the Colorado Mined Land feclamation Board. Anyone wishing to comment on the
application may view the application at the(County Name) WP.( County Clerk and Recorder's Office,(Clerk
and Recorder's Office Address)915 I06S[ret t and should send comments prior to the end of the public
comment period to the Division of Minerals and Geology,1313 Sherman St,Room 215,Denver,Colorado 80203.
Certification:
1, ,hereby certify that I posted a sign containing the above notice for the proposed permit
area known as the(Name of Operation) ,on(Date Posted) ,
• SIGNATURE DATE
M:1minvivrehireviv'n+vueumi 112 de(Approved 05/112005)
•
•
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR(112)CONSTRUCTION MATERIALS EXTRACTION OPERATION
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
Weld Coun0/unity, Putt/ We/els (the"Applicant/Operator")has applied for a Regular(112)reclamation permit
from the Colorado.Mined Land Reclamation Board(the"Board")to conduct the extraction of construction materials operations in
1U/EC1) 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 Minerals and Geology(the"Division")and the local
county clerk and recorder.
The applicant/operator proposes to reclaim the affected land to VG 1.1q e /a tld use. Pursuant to
Section 34-32.5-116(4)(m),C.R.S.,the Board may confer with the local Board of County Commissioners before approving of the
post-mining land use. Accordingly,the Board would appreciate your comments on the proposed operation. Please note that,in
order to preserve your right to a hearing before the Board on this application,you must submit written comments on the application
within twenty(20)days of the date of last publication of notice pursuant to Section 34-32.5-112(10),C.R_S.
If you would like to discuss the proposed post-mining land use,or any other issue regarding this application,please contact the
Division of Minerals and Geology,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.
M:4ninehreertorne taro eeon 112doc(Approved 05/11/2005)
• EXHIBIT B -Index Map
Index Maps
Regional Index Map
Fiscus North f it, :+�.hv. A y
dI
1
_ t r17 , \per. - 4 -E `-
.— ; - , ,.,a r .
_k.
�� , '� NEW ftAYMER
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-+._ r \ (_ _.),-:-:,..:0,47
f a
Yt i, , . GREELEY _4 i lip 4 ILrs
X }
M:\DAVE B\FiscusPermits\DMG permit\Exhibits doc 4/27/2007
• See below excerpted from U.S. Geological Survey Topographic Quadrangle map (Gatehook Spring
Quadrangle).
Local Index Map
- 1 st
X i`
tom, -.
I ,« r
I i sr .
I rI 14. - i - I g t
I6m�i ! de
V. f' ' r
t
I ; , GROVER jt 4‘,,,h2o, 4 I a -
V 7 I +ti '�i°`"-_ ._ {. r.; ref a'.
X.
Fiscus North -
I�_ l - I x,.
•I 1 I I • F\ I
111E ►,it' ).�Y _ $ U
--ii
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\�• ▪ «H :I i p . ♦tW 1.{, Yn..t �.-.
I' ll %I1 L 1 d, I_lt hy. ,♦ 3.
nl w l ���. T z t iCe ,
I - 4• . ( {an - I .; ` ii �-:.�,-
I r it , — ' . .'.. . ja_tI : II" NEW RAYMER I. , .fJ
M:\DAVE BWiscusPcrm tsVDMG pamit\Exhibits doc 4/27/20117
•
• ti. 1 IV MEMORANDUM
TO: Esther Geisick, Clerk to the Board
DC 2007
RTE: April 2 Bauer,
O FROM: David auer P.E. •T /_)
SUBJECT: Notice of Filing Application for Colorado Mined
• Land Reclamation Permit— Fiscus North site
COLORADO
As part of our application process, the Weld County Public Works Department requests that the
Clerk to the Board sign the attached Certification that the BOCC has been notified that the Weld
County Public Works Department intends to apply to the Colorado Department of Mining
Reclamation and Safety for a Colorado Mined Land Reclamation Permit for the proposed Fiscus
North sand and gravel pit. Please see the attached Pass-Around initialed by the BOCC members.
If you have any questions, please give iiimArxme a call.
<,
qt.�Zy`
1O4✓° 74/-2- ✓////
• OQ
M:DAVE B\FiscusPermits\Request Clerk to Board sign.doc
•
• BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: Fiscus North Gravel Pit
DEPARTMENT: PUBLIC WORKS DATE: March 14, 2007
PERSON REQUESTING: David Bauer
Brief description of the problem/issue: Request Board's permission to begin Colorado Division of Mining,
Safety and Reclamation and the Weld County USR permitting for the Fiscus North gravel pit to be located
approximately 16 miles north of New Raymer. The proposed pit is adjacent to WCR 120 and WCR 133. The
gravel pit operations are planned to be seasonal.
This gravel pit will be a dry pit (no water rights issues) on privately-owned land adjacent to the reclaimed
Fiscus Gravel Pit. The anticipated pit life is approximately two to four years. Permit application materials have
been completed by Public Works staff. The anticipated costs include approximately $3000 for the Division of
Mining, Safety, and Reclamation permit, $5000 for Weld County USR application, and an estimated $3000 for
environmental surveys,for a total of$11,000.
What options exist for the Board? (Include consequences,impacts, costs, etc. of options) The typical time
frame for gravel pit permit processing through the Division of Mining,Safety, and Reclamation is one year.
The County has additional gravel/road base needs for ongoing road maintenance in the vicinity of the Fiscus
site; additional nearby resources will reduce trucking time from Greeley area reserves. Alternative private
• sources may be available at a market cost and would also involve trucking costs.
Recommendation to the Board: Public Works recommends initiating the permitting process for the Fiscus
North Gravel Pit.
Approve Schedule
Recommendation Work Session Other
David E. Long
William II.Jerke
William F.Garcia t t
Robert D.Masden `1
Douglas Rademacher
Attachments
pc: Pat Persichino,Director of Public Works
M:\Mining\Fiscus NorttAFiscusWork Session Requesldoc
• - _.
• FISCUS 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
Mr. Jack Fiscus
9284 County Road 2-1/2
Merino, Colorado 80741
Operator
Weld County Public Works Department
1111 H Street
Post Office Box 758
Greeley, Colorado 80632-0758
•
• Exhibits List
EXHIBIT A- Legal Description and Location Map
Property Owner: Jack and Shirley Fiscus
9284 County Road 2-1/2
Merino, Colorado 80741
EXHIBIT B - Index Maps
Regional Index Map
Local Index 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
(MEN)permit.
Letters of Notification have been sent to the National Resources Conservation Service(NRCS),
Letters of Notification Colorado Department of Wildlife(DOW)and
• M:\DAVE B\FiscusPermits\DMG permit\Exhibits.doc 9/21/2007
• Letters of Notification to the Colorado State Historical Society.
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:
•
• M:\DAVE B\EiscusPermits\DMG permit\Exhibits.doc 9/21/2007
• EXHIBIT A- Legal Description and Location Map
A TRACT OF LAND LOCATED IN THE NORTH HALF OF SECTION 7,TOWNSHIP 10 NORTH, RANGE 57
WEST OF THE 6TH P.M.,WELD COUNTY,COLORADO,AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 7;
THENCE N88°25'12"E, ALONG THE NORTH LINE OF SAID SECTION 7, 2144.74 FEET TO THE POINT OF
BEGINNING;
THENCE CONTINUING ALONG THE SAME COURSE,N88°25'12"E,2710.74 FEET,
THENCE S00°14'46"W, 1638.22 FEET;
THENCE S25°21'58"W,676.99 FEET;
THENCE N89°22'22"W, 965.33 FEET;
THENCE S44°42'52"W,434.47 FEET;
THENCE N41°43'14"W,447.19 FEET;
THENCE N21°31'48"W,2300.06 FEET TO THE POINT OF BEGINNING.
• THE ABOVE DESCRIBED PARCEL CONTAINS 115.7363 ACRES MORE OR LESS.
THE ABOVE PARCEL DESCRIPTION WAS PREPARED BY TODD A. MECK UNDER THE SUPERVISION
OF STEVEN A. DYNES,PLS#24949
Land Owner:
Jack and Shirley Fiscus
9284 County Road 2-1/2
Merino, Colorado 80741
• M:\DAVE B\FiscusPermits\DMG permitTxhibits.doc 9/21/2007
• EXHIBIT B - Index Map
Index Maps
Regional Index Map
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• M:\DAVE B\FiscusPermits\DMG permit\Exhibits.doc 9/21/2007
• See below excerpted from U.S. Geological Survey Topographic Quadrangle map (Gatehook Spring
Quadrangle).
Local Index Map
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• M:\DAVE B\FiscusPermits\DMG permit\Exhibits.doc 9/21/2007
• EXHIBIT C - Pre-Mining and Mining Plan Maps of Affected Lands
See the enclosed Exhibit C.
•
• M:\DAVE B\EiscusPermits\DMG permit\Exhibits.doc 9/21/2007
• EXHIBIT D - Mining Plan
a) Mining Schedule
It is anticipated that sand and gravel excavation,processing(rock crushing and screening),and stockpiling at
the Fiscus 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 Fiscus
North site likely has only 2 to 3 years of gravel and sand reserves.
b) Topsoil thicknesses at the Fiscus 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 Ogallala Formation gravel deposits proposed to be mined are ridge capping units at the
Fiscus 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 proposed mining area at the Fiscus North site is the crest of a northeast-southwest
trending ridge. The estimated thickness of gravel-bearing zones varies from between 0 and 40 feet thick at the
Fiscus North site. The Ogallala gravel deposits at the Fiscus North site decrease in thickness to the north. No
high wall mining is anticipated. The mining plan is to remove gravel-bearing zones from the ridge crest;pit
• depth will be minimal.
e) The enclosed mine plan map shows the proposed locations for the haul road,gravel processing
(crusher location), soil and gravel product stockpile areas(see Exhibit C).
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 C).
g) Weld County Road 120 extends east-west along the north edge of the Fiscus North site(see
Exhibit C). The gravel excavation and processing areas will be accessed from an existing dirt driveway that
connects the Fiscus homestead to Weld County Road 120.
h) The southwestern corner of the Fiscus North property is traversed by a northwest-southeast
oriented intermittent stream that is typically dry most months of the year. Mining excavation and soil
stockpiling activities are planned to maintain at least a 200-foot buffer from this watercourse. 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 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) Ogallala gravel deposits at the Fiscus North site lie at the surface along the top of a northeast-
southwest trending small ridge (Exhibit C). It is anticipated that no groundwater will be encountered at the
Fiscus North site. The Fiscus North site does not lie in a Designated Ground Water basin (per Colorado
Division of Water Resources, Office of the State Engineer).
• M:\DAVE B\Fiscuspermits\DMG permit\Exhibits.doc 9/21/2007
• j) It is anticipated that sand and gravel excavation,crushing,and stockpiling at the Fiscus North
site will not disturb surface water or ground water. Erosion control measures(Best Management Practices)
will be installed along the downslope 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.
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.
I) Best Management Practices, including berms, silt fencing, and straw bales erosion control
measures will be installed along the south end of the site to protect the adjacent intermittent creek area from
mined area runoff and sediment. Open excavations are not anticipated to be over 30 feet deep, MSHA
approved open excavation and fall protection safety measures including fencing and berms will be installed as
needed.
m) On-site rock crusher machinery will be installed in the"gravel processing"location shown on
the enclosed mine plan map (Exhibit C).
n) No secondary commodities are anticipated to be extracted or produced at the Fiscus North site.
Not asphalt plant or concrete batch plant is planned for the Fiscus North site.
o) Gravel and sand extracted from the Fiscus 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 unsuitable for construction may be stockpiled at the site. These soil stockpiles may be utilized for
• excavation backfill and site reclamation.
M:\DAVE B\FiscusPcrmits\DMG permit\Exhibits.doc 9/21/2007
• 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 Fiscus 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.
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 Fiscus 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 maybe 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 Fiscus 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 for the use of the property owner
following cessation of mining.
e) Reconnaissance of the Fiscus 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.
t) Reclamation,backfill, and seeding estimated costs:
• M:\DAVE B\FiscusPermits\DMG permit\Exhibits.doc 9/21/2007
• EXHIBIT F -Reclamation Plan Map
Reclamation map
See the attached mine reclamation map(Exhibit F)showing the gradient of all disturbed slopes,revegetation
areas. It is anticipated that no ponds will be constructed or remain on site. 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 site regrading to stable slopes. Stockpiled topsoil
will be placed on re-graded areas prior to seeding with approved native grass seed mixes.
•
• M:\DAVE B\FiscusPermits\DMG permit\Exhibits.doc 9/21/2007
• EXHIBIT G -Water Information
Water Resources
There are no FEMA-designated floodplains or floodways in the vicinity of the Fiscus North site. The
closest named creek is over two miles away.
There are no existing or planned surface water impoundments at the Fiscus 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 Fiscus North property. Outside of the proposed gravel excavation
area, a northwest-southeast oriented intermittent stream is located in the southeastern-most corner of the
Fiscus North property. As shown on the mining plan,no soil or gravel product stockpiles will be located
within 300 feet of this intermittent water course. The proposed excavation areas will be a minimum of 200
feet from this intermittent water course.
•
• M:\DAVE B\FiscusPermits\DMG permit\Exhibits.doc 9/21/2007
• EXHIBIT H—Wildlife Information
Wildlife
Potential prairie dog and badger holes were observed in the vicinity of the Fiscus North site. No trees are
present to offer roost or nesting sites for birds.
Please see the attached report by Tiglas Ecological Services.
•
• M:\DAVE B\FiscusPermits\DMG permit\Exhibits.doc 921/2007
• EXHIBIT I-Soils Information
Soil Description
Soils at the Fiscus North site are described in the Soil Survey of Weld County,Colorado—Northern Part
published in 1981 by the Soil Conservation Service.
Soils at the Fiscus North site include gravelly alluviums (Dix soil—unit 26), arkosic sandy alluvium and
colluvium(Blakeland soil—unit 26), and fine sandy and sandy clay loams (Ascalon unit—units 4 and 6).
The areas of Dix soils may include very coarse sands, gravel, and rock fragments in excess of 3-inches in
diameter. Due to the coarse nature of the Dix soils, the Soil Survey identifies the areas of Dix soils as
having good potential for roadfill construction materials with only good quality sand and gravel potential.
The 1981 soil survey identifies the areas of Blakeland and Ascalon soils as having good potential for
construction materials with only fair quality sand and gravel potential. All soils at the Fiscus North site are
described as having rapid drainage characteristics and severe seepage potential due to the high amounts of
coarse-size (sandy) constituents.
Top soil at the Fiscus North site is sparse and very thin, typically less than 6 inches thick.
•
• M:\DAVE B\FiscusPermits\DMG permit\Exhibits.doc 9/21/2007
EXHIBIT J—Vegetation Information
•
Vegetation Description
The Fiscus North site is sparsely-vegetated native rangeland with grasses,yucca, and cactus. The Fiscus
North site has been utilized as rangeland; the site planned for gravel excavation and processing has not
been irrigated or cultivated. No trees are present on the North Fiscus site.
•
• M:\DAVE B\FiscusPermits\DMG permit\Exhibits.doc 9/21/2007
• EXHIBIT K—Climate Information
Climate Description
The climate at the Fiscus 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 as snow and rain.
•
• M:\DAVE B\FiscusPermits\DMG permit\Exhibits.doc 9/21/2007
• 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.
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 $10,000.
•
• M:\DAVE B\FiscusPermits\DMG permit\Exhibits.doc 9/21/2007
• EXHIBIT M—Other Permits and Licenses
List of Other Permits:
2. The proposed Fiscus 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\FiscusPermits\DMG permit\Exhibits.doc 9/21/2007
• EXHIBIT N-Source of Legal Right—To - Enter
Please see the attached Mining Contract with property owners Jack and Shirley Fiscus
•
0
M:\DAVE B\FiscusPermits\DMG permit\Exhtbits.doc 9/21/2007
EXHIBIT O—Owners of Record of Affected Land (Surface Area) and Owners of
•
Substance to be Mined
The land owners of the Fiscus North site are:
Jack and Shirley Fiscus
9284 County Road 2-1/2
Merino, Colorado 80741
•
• M:\DAVE B\FiscusPermits\DMG permit\Exhibits.doc 9/21/2007
•
EXHIBIT P—Municipalities Within Two Miles
Municipalities Within Two Miles
The proposed Fiscus North site lies in unincorporated Weld County. There are no municipalities within a
2 mile radius of the proposed Fiscus North gravel mine site.
•
• M:\DAVE B\FiscusPermits\DMG permit\Exhibits.doc 9/21/2007
• EXHIBIT Q—Proof of Mailing of Notices to County Commissioners and Conservation
District
Please see the attached.
•
• M:\DAVE B\FiscusPermits\DMG permit\Exhibits.doe 9/21/2007
• EXHIBIT R—Proof of Filing with the Weld County Clerk and Recorder
Please see the attached.
•
• M:\DAVE B\FiscusPermits\DMG permit\Exhibits.doc 9/21/2007
• EXHIBIT S—Permanent Man-Made Structures
Weld County Road 120, a County-maintained graded gravel road extends east-west along the north
property line of the Fiscus 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. A set of galvanized metal culverts that pass storm flows under the driveway to the Fiscus
homestead located approximately 60 feet from the proposed south end of the Fiscus North permit
boundary. An east-west oriented set of overhead powerlines on wooden poles traverses the southern-most
part of the proposed permit boundary. A north-south oriented set of overhead powerlines on wooden
poles lies approximately 290 feet east of and parallel to the eastern permit boundary. There are no other
permanent man-made structures within 200 feet of the Fiscus North site.
•
• M:\DAVE B\FiscusPermits\DMG permit\Exhibits.doc 9/21/2007
• EXHIBIT T. -Proof of mailing notices of permit application
Please see the attached.
•
• M:\DAVE B\FiscusPermits\DMG permit\Exhibits.doc 9/21/2007
• ADDENDUM 1 —Notice Requirements:
Board of County Commissioners
Soil Conservation District
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.
•
• MADAVE B\FiscusPermits\DMG permit\Exhibits.doc 9/21/2007
File contains
oversized map
Please see original file
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