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Home My WebLink About20060867.tiff .-+ DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue,Greeley,Colorado 80631 Phone (970) 353-6100,Ext. 3540 Fax (970) 304-6498 USE BY SPECIAL REVIEW (MINING OPERATION)APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT #/AMOUNT # /$ CASE #ASSIGNED: I CI 59 APPLICATION RECEIVED BY PLANNER ASSIGN ED: To be completed by APPLICANT is accordance with procedural guide requirements: 1. I (we), the undersigned, hereby request a hearhg before the Weld County Planning Commission concerning a proposed gravel (gravel,coal, borrow pit,etc.) mining operation for the following described unincorporated area of W eld County: Legal Description NW 1/4 ,Section 15 ,Township 7 North, Range 59West Flood Plain: Zone District: , Total Acreage: 9.9 ,Overlay District Geological Hazard: ,Airport Overlay District 2. Surface owner(s)of area of land described Name: Keith & Shirley Ashbaugh Address:39434 WCR 115 Phone: (97O)437-5331 Name: Address: Phone: " 3. Owner(s) of mineral rights or substance to be mined Name: Keith & Shirley Ashbaugh Address: 39434 WCR 115 Phone: (97O)437—S941 Name: Address: Phone: Greg Nelson 4. Applicant's name: Weld County Public Works EmailAddress gnelson@co.weld.co.us Address: 1111 H Street. Greeley CO 8O632 Phone: (97O)3OLL-6LQ6 5. identify any prior permits for mining held by applicant or affiliated person: cze•Teral min4rg permits Weld County Pnhlir Works Cor�tr�c G�� r1�.\so,u — Uid& Cava Q„b1;C- )ot-Ks k. 377( I (We) request that the following described property be designated a Recorded Exemption by the Weld County c9-il # . Board of County Commissioners. I (We) hereby depose and state under penalties of perjurythat al statements, 3(37-- proposals,and/or plans submitted with or contained within the application are true and correct to the best of my 383O (our)knowle e. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of thorizatbn from all fee owners must be included with the application. If a corporation is the fee owner, notari evidence m included showing the signatory has to legal authority to sign for the corporation. 11411O5 Signatur . Own erorAuthorizedAgent Date Signature: Owner or Authorized Agent Date 2006-0867 15 EXHIBIT 1 _ • ASHBAUGH USR 1. Mining and crushing of gravel is to be used on county roadway for maintenance and construction. 2. This operation is consistent with the Weld County Comprehensive Plan as the plan allows for the extraction of sand and gravel and promotes reasonable development. 3. The proposed site is located within the Agricultural District. This zoning designation allows for the extraction of sand and gravel as a Use by Special Review within that district. 4. The site is surrounded by pasture land. Upon completion, the site will be reclaimed and returned to pasture. 5. a. Depending on phase of operation,- 3 to 20 people. b. Mining and crushing phase, 3 to 5 people c. Summer Hours: 6:00 am to 4:30 pm,Monday through Thursday Winter Hours 7:00 am to 3:30 pm, Monday through Friday d. N/A—portable operation e. -0- f. During mining operation — 1 Hitachi 450 excavator, 2 Cat 30T haul trucks, 1 Cat D-7 dozer, and pickups Crushing operation—Cedarapids crusher, conveyor, Volvo 220 loader, Cat D-7 dozer,pickups Tandem and semi trucks used to haul material off site. Could haul 3 to 10 loads each per day, depending on haul distance. G. New Raymer Fire District, county vehicles are equipped with fire extinguishers. Any fuel tanks will be bermed. All safety precautions will be taken. h. Domestic well located at house Vs mile south of site. No irrigation wells. County vehicles have drinking water dispensers. i. County supplied Porta-Pottys, temporary facilities serviced weekly j. No storage or warehousing. Gravel to be stockpiled. 6. No additional landscaping. Site is pastureland and will be reclaimed as such. Seeding recommendations of NRCS and landowner will be followed. 7. Reclamation will be concurrent with mining operations. As phases are completed, topsoil will be applied and area will be seeded per NRCS recommendations. Disturbances will be minimized as much as possible. 8. Weld County has applied for a storm discharge permit from the State Health Department WQCD. Material stockpile sites will be bermed. 9. The county has a 10-year lease; reclamation will be concurrent with operation. 10. N/A. There will be no storage of waste material on site. M:\Mining\ASHBAUGH USR.doc STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Vkter Resources r mnent of Natural Resources •4.9 j o 5hemian Street,Room 818 " in Denver,Colorado 80203 Phone(303)866.3581 Bill OmensFAX(3O3)866-3589 Governor www.watec9ate.co.us May 5, 2005 a,�c¶George Income Director Hal D.Simpson,P1. Sate Engineer Mr. Steve Nguyen, P.E. Diversified Consulting Solutions, Inc. 4100 W. 107th Dr. Westminster, CO 80031 Re: 2005—2006 Substitute Water Supply Plan Weld County Dust Control Well No. 1 NE %,SW 1/4, Section 31,TON, R69W, 6th PM Water Division 1,Water District 3 Period of Approval: Apri11,2005 to March 31,2006 Dear Mr. Nguyen: We have reviewed your letter dated February 4,2005 in which you request approval of a Substitute Water Supply Plan ('SWSP')for Weld County's Dust Control Well No. 1,pursuant to C.R.S. 37-92-308(4). Weld County has filed an application for water rights and plan for augmentation in the Division 1 Water Court under case no.2004CW359. The SWSP references the 20040W359 application and Weld County has provided notice of the requested SWSP to all counsel of record to 2004CW359. That notice was mailed on February 4, 2005. The State Engineer's Office ("SECT)did not receive any responses during the statutory 30-day review period. The$300-dollar fee(receipt number 534805)has been received. SWSP Operation The water from Weld County's Dust Control Well No. 1 (well permit number 50426-F)will be used in association with Weld County's gravel pit operations and public works projects, induding dust control of County roads, haul roads,and stockpiles;washing and processing of sand, gravel and aggregate;truck and equipment washing; construction of pubfic roads and fadlities; reclamation irrigation of County property and wetlands;and fire suppression and emergency response. Diversions from the well shall not exceed 75 acre-feet per year. The existing well permit(no.50426-F)was previously issued for uses associated with a gravel mining operation and for off-site watering purposes at various road and construction sites. Accordingly, permit no.50426-F is valid for the proposed uses and this office will cored:permit no. 50426-F to clarify that the permit allows for a variety of off-site purposes as described above. Pumping of the well will result in depletions to the Cache la Poudre River. To the extent these depletions are out-of-priority;this SWSP will replace these depletions in quantity,time and location. All water pumped from the well is assumed to be 100% consumed. Mr. Steve Nguyen, P.E. May 5,2005 Page 2 of 4 Depletions Depletions to the stream system do not necessarily occur at the same time of actual pumping because of the delayed impact of well pumping on the stream system. An alluvial aquifer model with the following parameters was used: (1)The pumping well is placed at a distance of 275 feet from the river, (2)The transmissivity used is 120,000 gallons per day per foot,(3)The specific yield used is 0.2, and(4)The distance from the river to the impermeable boundary is 2,700 feet. The results of the stream depletion model are attached as Table No. 1. Replacement Source The source of replacement water will be provided by use of a portion of the 300 acre-feet of consumptive reuse credits perpetually leased from the City of Greeley pursuant to an agreement entitled `Perpetual Lease or Fully Consumable Water dated November 10, 2004, and recorded at reception#3242334 on December 8,2004 in the records of the Weld County Clerk and Recorder. The reuse credits are delivered to the Cache la Poudre River from the outfall of the Greeley Municipal Wastewater Treatment Facility in Section 4,T 5 N, R 66 W,6th P.M. Conditions of Approval 1. This SWSP shall be valid for the period of April 1,2005 through March 31,2006,unless otherwise revoked,modified, or superceded by decree. Additional SWSP's are required until a court decreed plan for augmentation is obtained for the proposed uses. Should an additional plan be requested,the provisions of CRS 37-92-308(4)(b)shall apply. The statutory fee of$300 will be required pursuant to CRS 37-92308(8). Any request for an additional SWSP must be submitted to this office no later than 90 days prior to the above expiration date. 2. Pumping will be limited to the well identified by well permit number 50426-F. Additional wells may be included in this SWSP only if an amendment to the approved SWSP is submitted with the required$300 fee and approved. Any request for amendment must include,at a minimum: identification of the subject wells, an estimate of the amount of water each well will pump by month,an update of the total stream depletions by month • including post-SWSP depletions and identification of the source of morel replacement water. Approval of an amendment will be contingent upon the Applicant demonstrating it hes sufficient replacement water to cover the additional well depletions. Notice must be sent to all objectors in the water court case and an amendment must be filed in the case to add the additional wells. 3. Under the terms of this SWSP, pumping of well permit no. 50426-F shall be limited to 75 acre-feet per year and the use of water from the well is limited to off-site watering purposes associated with Weld County's gravel pit operations and public works projects, including dust control of County roads, haul roads,and stockpiles;wasting and processing of sand,gravel and aggregate;truck and equipment washing; construction of public roads and facilities;reclamation irrigation Of County property and wetlands; and fire suppression and emergency response. . 4. If the well in this SWSP causes depletions that affect a senior surface water right at a location where this SWSP cannot provide replacement water,the well is subject to curtailment until arrangements are made to provide replacement water at a pant which r- Mr. Steve Nguyen, r.t. May 5, 2005 Page 3 of 4 will preclude injury to the calling senior surface water right Well owners are responsible for providing replacement water in time, location, and amount to offset all out-of-priority depletions. 5. The Applicant shall provide daily accounting (including, but not limited to diversions, depletions,replacement sources, and river calls)as required by the division engineer for the operation of this SWSP. The Applicant shall provide accounting to the division engineer and the water commissioner on an interval acceptable to the division engineer and water commissioner. Accounting and reporting procedures are subject to approval and modification by the division engineer. The Division Engineer shall first determine any transit loss. The Applicant shall ensure that all required accounting is forwarded promptly to the water commissioner and the division office to enable the administration of this SWSP. Accounting forms need to identify the WDID number for the well operating under this SWSP. 6. Approval of this SWSP is for the purposes stated herein. This office must first approve any additional uses for which the water may be used. The replacement water, which is the subject of this plan,cannot be sold or leased to any other entity during the term this SWSP without prior approval of the division engineer. 7. This SWSP may be revoked or o ,; at any time should it be determined that injury to other vested water rights has occurred or will occur as a result of the operation of this SWSP. 8. The name,address, and phone number of a contact person who will be responsible for the operation and accounting of this SWSP must be provided with the accounting forms to the division engineer and water commissioner. 9. All diversions shall be measured in a manner acceptable to the division engineer. The Applicant shall install and maintain such measuring devices as required by the division engineer for operation of this plan. 10. Should this SWSP expire without renewal or be revoked prior to adjudication of a pemnanent plan for augmentation,all use of water under this SWSP must cease immediately. 11. Replacement water shall be made available to cover all out-of-priority depletions in time, place,and amount and shall be made available under the direction and/or approval of the water commissioner. If at any time the projected stream depletions shorty the Applicant is unable to replace all out-of-priority stream depletions,the Applicant is required to notify the division engineer of the projected shortfall and describe how well pumping will be reduced and/or replacements will be increased to ensure all out-of- priority depletions will be replaced. 12. In accordance with Section 37-92-308(4)(aXIV), C.R.S.the state engineer shall determine whether the SWSP will prevent injury to other water rights and decreed conditional water rights,including water quality and continuity to meet the requuanenls of use to which the senior appropriation has been applied. 13.The decision of the state engineer shall have no precedential or evidentiary force, shall not create any presumptions,shift the burden of proof,or serve as a defense in the pending water court case or any other legal action that may be initiated concerning the SWSP. This decision shall not bind the state engineer to act in a similar manner in any other applications involving other SWSP or in any proposed renewal of this SWSP,and Mr. Steve.Nguyen, r.t. May 5, 2005 Page 4 of 4 shall not imply concurrence with any findings of fact or conclusions of law contained herein, or with the engineering methodologies used by the Applicant. Any appeal of a decision made by the state engineer concerning a SWSP pursuant to C.R.S. §37-92- 308(4) shall be to the Division 1 water judge within thirty days of the date of this decision and shall be consolidated with the application for approval of the plan for augmentation. Should you have any comments or questions, please contact Jim Hall, Division Engineer in Greeley at 370-352-8712 or Jeff Deatherage in this office. Sincerely, ck Wolfe, P.E. Assistant State Engineer Attachments: Table No. 1 Cc: Jim Hall, Division Engineer 810 9th Street, Suite 200, Greeley, CO 80631 George Varra,Water Commissioner,Water District 3 1400 Hwy 287N, Ft. Collins, CO 80524 '--• Counsel of Record,2004CW359 DWNan:Weld County Dust Control Well 2005 SWSP.doc STATE C'' COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 313 Sherman St.,Room 215 COLORADO Denver,Colorado 80203 DIVISION OF Phone:(303)866-3567 MINERALS FAX:(303)832.8106 GEOLOGY AEC LA MATION•MINING SAFETY•SCIENCE Bill Owens October 12, 2005 Governor Russell George Executive Director Mr.Greg Nelson Weld County Ronald W.Cattany 1111 H Street Division Director Natural Resource Trustee P.O.Box 758 Greeley,CO 80632 Re: Ashbaugh Gravel Pit,M-2005-060,Permit Issuance-County Construction Material Operation Dear Mr.Nelson: On September 30, 2005 the Division of Minerals and Geology found Weld County to have satisfied the applicable requirements of C.R.S. 34-32.5-101 et seq. for obtaining a mining and reclamation permit. Therefore, a permit is being issued. Two signed originals of the permit have been executed. We have kept one copy for our files and are enclosing one copy for your use. It is your responsibility to comply with all of the terms of the permit. 1. All of the original application materials,as amended and supplemented,are an integral part of your permit. They have been incorporated into the permit by reference. We presume that you have a copy of all of these materials; therefore, none have been enclosed with this mailing. We suggest that you keep a copy of the permit and the permit application at the mining operation as a reference for operating personnel,to help ensure compliance with the terms of the permit. 2. Changes in the mining and reclamation operations that differ from those described in the permit may require a modification to the permit. We suggest consulting the Construction Materials Rules and Regulations and/or contacting us to determine if a revision to the permit is necessary. Rule 1.10 pertains to Amendments,Rule 1.9 to Technical Revisions, and Rule 1.11 to Conversions. 3. On your permit anniversary date each year, September 30, 2005, you must submit an annual fee and an annual report to us. The annual fee for this permit is $281.00. Please consult the Act, Rules and Regulations, and your permit for specific annual report requirements applicable to your mine. If you have any uestions,please contact the Division. Sinc ely, 16( RONALD W. CATTANY Division Director RWC/CBM/sme Enclosure Office of Office of Colorado Mined Land Reclamation Active and Inactive Mines Geological Survey STATE Gr COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 313 Sherman St.,Room 215 COLORADO Denver,Colorado 80203 DIVISION OF Phone:(303)866-3567 MINERALS FAX:(303)832-8106 GEOLOGY RECLAMATION•MINING SAFETY•SCIENCE MINING AND RECLAMATION PERMIT Bill Owens COUNTY CONSTRUCTION MATERIAL MINING OPERATIONS Governor Russell George Executive Director Permit Number: M-2005-060 Ronald W.Cattany Division Director Type of Permit: 110c Natural Resource Trustee Permit Date: September 30,2005 (Anniversary date for annual report and fees purposes) THIS PERMIT is issued by the Mined Land Reclamation Board, Department of Natural Resources, State of Colorado. RECITALS A. The Permittee, Weld County, desires to conduct a mining operation known as Ashbaugh Gravel Pit, for the purpose of extracting gravel. Unless this permit is modified or a separate permit is issued to cover the mining and/or recovery of other minerals or extractive products, the Permittee will not mine or recover any other commodities at this site. B. On September 30, 2005 the Mined Land Reclamation Board (the "Board") approved the Permittee's application for this permit and directed that this permit be issued upon the filing with the Division of Minerals and Geology (the "Division") of performance warranty approved by the Division. Said warranty has been filed with the Division. C. If the Permittee desires to extract materials other than those listed in (A), a separate permit or a permit modification may be required. D. On September 30,2005 the Board made the following findings: 1. The application for this permit complies with the requirements of the Colorado Mined Land Reclamation Act for the Extraction of Construction Materials, C.R.S. 34-32.5-101 et seq., as amended, and with all applicable local,state and federal laws; 2. The operation will not adversely affect the stability of any significant, valuable, and permanent man-made structure located within two hundred feet of the Affected Land, except where there is an agreement between "the Operator and the persons having an interest in the structure that damage to the structure is to be compensated for by the Permittee if such an agreement cannot be reached, an engineering analysis establishes no damage will damage will occur to the structure to the satisfaction of the Division; and; Office of Office of Colorado Mined Land Reclamation Active and Inactive Mines Geological Survey a. 2 3. The proposed mining and reclamation operations can be carried out in conformance with the requirements of the Act,and the Construction Material Rules and Regulations. E. The Permittee has made a showing satisfactory to the Board: 1) that it will employ, during and after its underground mining and/or surface operations, procedures designed to minimize environmental disturbance from such operation; 2) that it will provide for reclamation of the Affected Lands appropriate to the subsequent beneficial use of such lands; and 3) that,in the event of the failure of its proposed reclamation plan,it will take whatever measures may be necessary to assure the success of reclamation of the lands affected by such operations in accordance with the Act. F. A copy of the Permittee's application, as amended and supplemented, has been approved by the Board and is,by this reference,incorporated herein. G. The issuance of this permit does not relieve the Permittee from having to comply with all applicable Federal, State and County statutes,including State water law. GRANTS,CONDITIONS AND AGREEMENTS The Board, in reliance upon the representations and promises made in the permit application, as amended and supplemented, and the performance warranty, hereby issues a life of the mine permit to the Permittee, to engage in the operations described in the application on certain lands lying in the County of Weld, State of Colorado. These lands are r described in the permit application,as amended and supplemented,and are referred to herein as the"Affected Lands". This permit is issued subject to the following conditions and agreements: 1) The Permittee will be bound by all applicable requirements of the Act, and all applicable rules and regulations of the Board, as amended from time to time, the terms of the permit application, and the terms of the performance warranty filed with the Division. 2) The Permittee will file with the Division its annual report and fees on each anniversary date of this permit. 3) If analyses of the mining and reclamation operation and the data collected through monitoring and experimentation by the Permittee or monitoring by the Division indicate that the operation will not be able to comply with the requirements of the Act and applicable rules and regulations of the Board, the Permittee hereby agrees to exercise its best efforts, after consulting with the Division,to modify the plans to correct such deficiencies in the future. Such modifications may require technical revisions or amendments to the permit. 4) The Board, or its authorized representative may enter upon the lands of the permitted operation at all reasonable times for the purpose of inspection to determine whether the provisions of the Act,Rules and Regulations,and permit have been complied with pursuant to C.R.S.34-32.5-121. 5) This permit may be revoked or suspended for non-compliance with the Act or applicable rules or regulations promulgated by the Board,the permit,or by violation of a Board Order. -3 - 6) a) Pursuant to 34-32.5-118(5) of the Act, the Board has a right of entry to reclaim the lands affected by the operation,or to respond to an emergency as defined by C.R.S.34-32.5-121(2). b) The Board will enter the lands to perform reclamation only if the Board has determined: i. that reclamation required by the permit, statute, or regulations to be performed upon such lands has not been performed,or ii. that permit revocation proceedings described in the Act or similar provisions of subsequent laws,if any,have been initiated. c) The Division, acting for the Board, will enter lands to respond to an emergency only where the Division determines that any of the conditions of Construction Material Rule 8.4.2 exist. 7) The additional conditions set forth in the attached rider,if any,are incorporated herein by reference. / XX / a) Rider is attached. /_/ b) No rider is attached. MINED LAND RECLAMATION BOARD COLO EPARTMENT OF NATURAL RESOURCES RONALD W. CATTANY Division Director STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St.,Room 215 COLORADO Denver,Colorado 80203 DIVISION O F Phone:(303)866-3567 CONSTRUCTION MATERIALS M I N E R A L S FAX:(303)832-8106 LIMITED IMPACT(110)OPERATION G E O L O G Y RECLAMATION•MINING SAFETY•SCIENCE RECLAMATION PERMIT APPLICATION FORM Bill Owens Governor Greg E.Welcher CHECK ONE: There is a File Number Already Assigned to this Operation Executive ionD g PDirector Permit 4/ M - -__ (Please reference the file number currently assigned to this operation) Ronald W.Cattany Division Director X New Application(Rule 1.4.5) Amendment Application(Rule 1.10) Natural Resource Trustee Conversion Application(Rule 1.11) Permit# M - - _ (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Limited hnpact(110)Operation Reclamation Permit contains three mjorparts: (1)the application form;(2)Exhibits A-1,Fvhibit L,Addendum 1,any sections of Exhibit 6.5 and Geotechnical Stability Exhibit,as required by the Office,and outlined in Rules 6.1,6.2,6.3,6.5,and 1.6.2(1)(b);and(3)the application fee. When you submit your application,be sure to include one (1)complete signed and notarized IVORY ORIGINAL and one(1)copy of the completed Ivt application form,two(2)copies of Exhibits A-J,Exhibit L,Addendum 1,and appropriate welting of 6.5(Geotechnical Stability Exhibit),as required,and a check for the application fee described under(4)below. Fyhibits should NAT 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. 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 comnanv name(name to be used on permit): lipid County Pvh 1 i r Works 1.1 Type of organization(corporation,partnership,etc.): government 1.2 1.2 I.R.S.Tax ID No.or Social Security Number: 84-6000-813 2. Operation name(pit,mine or site name): Ashbaugh Gravel Pit 3. Permitted act Bare(new or existing site): 9.9 permitted acres 3.1 Change in acreage(+) acres 3.2 Total Acreage in Permit Area acres 4. Fees: 4.1 New Application: S1,094.00 application fee Amendment Fee(C.RS. 34-32.5-125(II)): $719.00 application fee 4.2 Conversion Fee(from 110d to 110$875.00 conversion fee(Rule 1.11.2(2)) 5. Primary commodities)to be mined: gravel dirt 5.1 Incidental commoditie(s)to be mined: 1. / Ibs/Tons/vr 2. / lbs/Tons/vr 3. / lbs/Tons/vr 4. / lbs/Tons/yr 5. / lbs/Tons/r dos- 5.2 Anticipated end use of primary cominoditie(s)to be mined: .County road maintenancy. and construction Anticipated end use of incidental cormoditie(s)to be mined: n is Office of Office of Colorado Mined Land Reclamation Active and Inactive Mines 2005-2417 Geological Survey 6. Name of comer of the subsurface rights of affected land: Keith & Shirley Ashbaugh 7. Name of owner of the surface of affected land: Keith & Shirley Ashbaugh £ Tyne of wiping operation: X Surface Underground In-situ 9. Location information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN(check one): X 6th(Colorado) _ 10th(New Mexico) Ute SECTION(write number): S 15 TOWNSHIP(write number and check direction): T7 X North South - RANGE(write number and check direction): R 59 East X West QUARTER SECTION(check one): NE X 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): 7 miles west of New Rayner, south approximately 3 miles 10. Primary future(Post-mlmme)land use(check one): — Cropland(CR) X Pastureland(PL) — General Agriculture(GA) — Rangeiand(RL) — Forestry(FR) — Wildlife Habitat(WL) Residential(RS) — Recreation(RC) — Industrial/Commercial(IC) — Developed WaterResoures(WR) _ Solid Waste Disposal(WD) 11. Primary present land use(check onel: — Cropland(CR) X Pastureland(PL) — General Agriculture(GA) — Rangeland(RL) _ Forestry(FR) — Wildlife Habitat(WL) Residential(RS) _ Recreation(RC) _ Industrial/Commercial(IC) — Developed Water Resources(WR) _ Mining(MN) 12. If this operation will use designated chemicals,or will result,or presently has acid mine drainage-you cannot use this application form. You must submit either a I 1W or 112d application form for Designated Mining Operations. In either case,you must list any acidic or toxic-forming materials,exposed or disturbed as a result of the mining operation,and whether the operation will result in or presently has acid mine drainage: n/a 13. Description of Amendment or Conversion: If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s): n/a -3- 14. Correspondence Information: APPLICANT/OPERATOR (name,address,and phone of name to be used on permit) Contact's Name: Greg Nelson Title: Mining Supervisor Company Name: Weld County Public Works Street/P.O.Box: 1111 H Street P.O.Box: 752 City: Greeley State: Colorado ' Zip Code: RI1F37 Telephone Number: ( 970 )- 356-4000 X 3750 FaxNumba: ( 970 )- 304-6497 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Title: Company Name: Street/P.O.Box: P.O.Box: City: State: Zip Code: Telephone Number: ( )- Fax Number: I )- INSPECTION CONTACT r's" Contact's Name: Title: • Company Name: Street/P.O.Box: P.O.Box: City: State: Zip Code: Telephone Numba. ( )- Fax Number: ( 1- CC: STATE ORFEDERAi.LANDOWNER(if any) Agency: Street City: State: Zip Code: Telephone Number: ( )- CC: STATE OR FEDERAL LANDOWNER(if any) Agency: Street: ^.� City: State: Zip Code: Telephone Number: ( )- -4- • Maps &Exhibits: r nit two(2)complete,unbound copies of the following application exhibits: 6.3.1 EXHIBIT A-Legal Description and Location Map 6.3.2 EXHIBIT B- Site Description 6.3.3 EXHIBIT C -Mining Plan 6.3.4 EXHIBIT D -Reclamation Plan 6.3.5 EXHIBIT E- Maps,to include the location of any recorded easements 6.3.6 EXHIBIT F-List of Other Permits and Licenses Required 6.3.7 EXHIBIT G- Source of Legal Right-to-Enter 6.3.8 EXHIBIT H -Municipalities Within a Two-mile Radius 6.3.9 EXHIBIT I-Proof of Filing with County Clerk 6.3.10 EXHIBIT J-Proof of Mailing Notices of Permit Application 6.3.12 EXHIBIT L-Permanent Man-Made Structures 1.6.2(1)(b) ADDENDUM 1 -Notice Requirements(sample enclosed) 6.5 Geotechnical Stability Exhibit(as required) Responsibilities as a Permittee: Upon application approval and permit issuance,this application becomes a legally binding document. Therefore, there are a number of impcctantrequirements which you,as a permittee,should fully understand. These requirements are listed below. Please wad and initial each requirement, in the space provided,to acknowledge that you understand your obligations. If you do not =stand these obligations then please contact this Office for a full explanation. 4e/i✓. 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; 144 41.. 2. The Board may suspend or revoke this permit,or assess a civil penalty,upon a finding that the pt..nritt...,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; (-l;/,1 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; Lk "y ' 4. Any modification to the approved mining and reclamation plan from those described in your approved application A requires you to submit a permit m. ifiration and obtain approval from the Board or Office; I72-1/4/' 5. It is your responsibility to notify the Office of any changes in your address or phone number; u;�_L 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. A. �- _5_ 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. 141.WAZ 9. Annually,on the anniversary date of permit issuance,you must submit an annual fee as specified by Statute,and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date(if there are changes from the previous year),any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example,a permit with the anniversary date of July 1, 1995,the annual fee is for the period of July 1, 1994 through June 30,1995.Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty,revocation of your permit, and forfeiture of your financial warranty. It is your responsibility,as the pernrittee,to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. 14'f/,t 10. For joint venture/partnership permittee: the signing representative is authorized to sign when document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to.this application. Permit Condition: Please read and initial this condition in the space provided, to acknowledge that you understand your obligation. If you do not understand your obligation then please contact this Office for a full explanation. /tilt-t, A reportable spill is a spill of any toxic or hazardous substance(including spills of petroleum products)within the mined land permit area reportable to any Division of the Colorado Department of Public Health and the Environment, the National Response Center, the Colorado Emergency Planning 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 staff to use as a contact. 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. you have questions about the Mined Land Reclamation Board and Office review and decision or appeals process,you may contact the Office at(303)866-3567. -6- Certification: a authorized representative of the applicant,I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. All necessary approvals from local government have been applied for(Section 34-32.5-110(1)(a)(viii). 2. To the best of my knowledge,all significant,valuable and permanent man-made structure(s)in existence at the time this application is filed, and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5-115(4)(e),C.R.S.). (NOTE: For 110 operations,the affected area includes all lands delineated by the permit boundary.) 3. No mining operation will be located on lands where such operations are prohibited by law(Section 34-32.5-115(4Xf), C.RS.). 4. As the applicant/operator, I do not have any mining/prospecting operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120,C.R.S.). 5. I understand that statements in the application are being made under penalty 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. Signed and dated this 15th day of August , 2005 Weld County Board of Commissioners If® Corporation A ��'(/�G^`cui( Applicant/Operator L Signed: 1861 975‘,, (CrE ;e 4 Corporate Secretary or Equivalent <AC. UN Title: Chair, William II. Jerk, N pwn/City/Co!mtyCllr State of Colorado ) �1�•� )ss. County of Weld ) The foregoing instrument was acknowledged before me this 15th day of Au ust ,phiti William H, Jerke as Chair of Weld Cou :xo rs F SHARON i KAHL Notary Public 9,i�•„ p)r r OCON`j My Commission expires: my LLmmissioe Espues Ihdy 15,1006 SIGNATURES MUST BE IN BLUE INK M:\mm\share\vsfmva\Cmomaiail l0(05/062003) NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR CONSTRUCTION MATERIALS LIMITED IMPACT (110)OPERATION NOTICE TO THE BOARD OF SUPERVISORS OF THE LOCAL CONSERVATION DISTRICT WEST GREELEY SOIL CONSERVATION DISTRICT Weld County Public Works (the"Applicant/Operator")has applied for a Construction Materials Limited Impact(110) Reclamation permit front the Colorado Mined Land Reclamation Board(the"Board")to conduct the extraction of construction materials in tap id 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 or recorder. The applicant/operator proposes to reclaim the affected land to vasture land use. Pursuant to Section 34-323-116(4)(m),C.RS.,the Board may confer with the local Conservation Districts before approving of the post-mining land Accordingly,the Board would appreciate your comments on the proposed operation. Please note that,in order to preserve 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,pleas- 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:1mmkherelvsfonnsa\Canmudi"nl l0 (05/06/2003) WEST GREELEY CONSERVATION DISTRICT 4$02 W. 9th ST. RD. GitEELEY, CO 80634 NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR CONSTRUCTION MATERIALS LIMITED IMPACT(110)OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY Weld County Publ i r Works (the"Applicant/Operator")has applied fora Construction Materials Limited Impact (110) Reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials 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 fde with the Division of Minerals and Geology(the "Division")and the local county clerk or recorder. The applicantioperator proposes to reclaim the affected land to pa cr„ra land 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 ten(10)days after the date of the applicant's newspaper publication. If ou would like to discuss the proposed post-mining land use,or any other issue regarding this application,please contact the x sion 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. ►L�hninlslurelvarwmsCCntuaion110 (05/06/2003) An example Public Notice which meets the requirements of the Statutes is shown below. The blanks,which require dates,will nto 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 ofthe date the application is considered submitted to the Division of Minerals and Geology(the"Division"). The final date for receiving comments is ten (10)days after the date of 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 Construction Materials 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. 34-32.5-110(7)(c), 114 and 115. ************************************************************************************************************* PUBLIC NOTICE P.O. Box 758, Greeley CO 80632 (OperatorName) weld rnnnty Public Wnrks ;(AddressandPhoneNumber) (970)304-6496 ,has filed an application for a Construction Materials Limited Impact (110) Reclamation Permit with the Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. The osed mine is known as the (Name of the Mine) Ashbaugh Pit ,and is located at or near Section 15 luwnship 7 N Ram 59 W 6th PrimeMeridian. The proposed date of commencement is August 2005 ,and the proposed date of completion is ugust , 2015 . .The proposed future use of the land is(Future 1 andnce) pasture land Additional information and tentative decision date may be obtained from the Division of Minerals and Geology, 1313 Sherman Street,Room 215,Denver,Colorado 80203,(303)866-3567,or at the(County Name) Weld County Clerk to the ,arditidtRINItiffit office;(Clerk and Recorder's Address) 91 5 10th ct ,Greeley or the above-named applicant. A complete copy of the application is available at the above-named County Clerk IfiRtlhaRR0LK8 office and at the Division's office. to the Board Comments concerning the application and exhibits must be in writing and must be received by the Division of Minerals and Geology by 4:00 p.m.on(Final Date for Comments) Please note that under the provisions of C.R.S. 34-325-101 et seq. Comments related to noise,truck traffic,hours of operation, visual impacts, effects on properly values and other social or economic concerns are issues not subject to this Office's jurisdiction. These subjects. and similar ones,are typically addressed by your local governments,rather than the Division of Minerals and Geology or the Mined Land Reclamation Board • j2,106nWvre\wfonns\Cmsuuaion110 (05/06/2003) The following is a sample of the Notice required for Rule 1.6.2(1)(b)that you may wish to use. You must post the Notice at the proggsed access to the site. NOTICE This site is the location of a proposed construction materials operation. (Name of the Applicant/Operator) eld County Public Wor.JQItose address and phone number is (Address and Phone Number of the Applicant/Operator) *Bee below ,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(Coontvq 15�-}_�-weld County Clerk to the. Board Greeley. C0'80632 ,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. Weld County Clerk to the Board * P.O. Box 758, Greeley, CO 80632 (970)356-6496 Certification: I,(Name of the Applicant/Operator) Greg Nelson hereby certify that I posted a sign containing the above notice for the proposed permit area known as the(Name of Operation) Ashbaugh Pit on (Date Posted) fl/1 /D 5 72Ze+-1 7 //7 /O6 S'"`NA DATE M;1/2min\share\/sans Comu+atim110 (05/06/2003) APPLICATION AND REPORT FOR CONSTRUCTION MATERIAL LIMITED IMPACT 110 OPERATION ASHBAUGH GRAVEL PIT WELD COUNTY, COLORADO DIVISION OF MINERALS AND GEOLOGY PERMIT APPLICATION Submitted by: WELD COUNTY PUBLIC WORKS (MINING DIVISION) 1111 H Street, P.O. Box 758 Greeley, Colorado 80632-0758 (970)356-4000, Ext. 3750 August 2005 M:'Mining Ashbaugh-110.doc r TABLE OF CONTENTS r Page General Overview 1 Application Forms: Division of Minerals and Geology Exhibit A Legal Description and Location map Back packet Exhibit B Site Vicinity Description Back packet Exhibit C Mining Plan Back packet Exhibit D Reclamation Plan Back packet Exhibit E Maps Back packet Exhibit F List of Other Permits and Licenses Required Exhibit G Source of Legal Right-to-Enter Exhibit H Municipalities Within a Two-Mile Radius Exhibit I Proof of Filing with County Clerk to the Board Exhibit J Proof of Mailing Notices of Permit Application Exhibit K Terms of Governmental Contract Exhibit L Permanent Man-Made Structures Addendum 1 Notice Requirements MAMining\Asbaugh-TOC.doc GENERAL OVERVIEW r The proposed Ashbaugh Gravel Pit is located on WCR 115 approximately%mile north of WCR 80. This location is approximately 10 miles southwest of New Raymer in northeast Weld County. Legal description: Section 15, Township 7 North, Range 59 West of the 6th PM,Weld County, Colorado Weld County will use this additional resource to obtain gravel for use in the immediate quadrant of county roads to eliminate long hauling distances. This procedures establishes intermittent use of the pit. The mining plan is to haul material for use on the county road system as the need arises. Normally,most of the material excavated and crushed will be removed from the site. Some stockpiled material will remain for future use. Operating equipment will consist of portable crusher,front end loader,dozer, excavator or scraper,and haul trucks. The topsoil will be removed and stockpiled to be used in reclamation. The depth of the topsoil is minimal. As mined areas are completed,reclamation will begin. The site will be returned to pastureland;any sloped areas will be a minimum of 3 : 1. M:\Mining\Ashbaugh-gencml overview.doc F^ • • EXHIBIT "A" Legal Description Location Map M:\WPFILES\Mining\exhibiN.wpd EXHIBIT "B" r Site Vicinity Description Exhibit B (Rule 6.3.2a) Enclosed Exhibit B(Rule 6.3.2b) Structures shown on maps Exhibit B(Rule 6.3.2c) No water resources in operations area Exhibit B (Rule 6.3.2d) Enclosed r M AWPFR.ES\Mining\exhibitB.wpd 00"1 EXHIBIT "C" Mining Plan A. October 2005 to October 2015 B. Topsoil depth minimal, 2"±. Topsoil to be removed then reapplied for reclamation. C. Overburden depth minimal, if any,will be used gravel D. Approximately 10' to 15' E. Haul road is approximately 300' long, 60' wide to excavation site from WCR 115. Processing site will consist of portable crusher conveyors. There will be no buildings. F. Total area is less than 10 acres. Stockpile area is approximately 200' by 400'. G. New haul road will be approximately 300' long by 60' wide. Any drainage from haul road will be back towards the pit to be contained. H. Water is to be used for dust control from Weld County's Geisert Pit. Use will be as needed. I. No groundwater is to be encountered during excavation. J. NA; we will not be injuring any water rights. K. NA L. Excavation is will be sloped to a minimum of 3:1. The site will be reclaimed to pastureland and be reseeded per NRCS and landowner recommendations. M. The material will be processed on site using a portable rock crusher. There are no processing chemicals. N. NA 0. All excavated material will be used on Weld County's roads P. NA M:\Mining'exhibitC.wpd • EXHIBIT "D" Reclamation Plan Exhibit "D" (Rule 6.3.4) 1. a. As mined areas are completed, topsoil will be replaced and area will be reseeded. b. slopes will be at a minimum of 3:1. c (i) Topsoil depth was minimal. It will be replaced at the depth removed,2"± (ii) As mined areas are completed, topsoil will be replaced and it will be reseeded. Seed bed will be tilled then seeded and straw or hay mulch. (iii) (iv) Seeds are to be drilled (v) Mulch will be used—straw or grass hay is to be crimped. (vi) NA d. No streams,ponds,buildings, or roads are to remain after reclamation. The haul road will be returned as pastureland as the rest of the site. e. NA. There will not be any waste rock dump, ditches, etc. _. The reclamation estimate is enclosed. M;\Mining\exhibitD.wpd Exhibit A Request for Cost Estimate and Work Order **Based on 2005 bid price** Revegetation Services Contract Custom Services of Colorado Inc. 796 Abrams Way Loveland, CO 80537 Please be advised that Weld County requests that you Provide a Written Cost Estimate on this form,and Prepare to Proceed with Work on the following project: Project Name: Ashbaugh Gravel Pit Project Description:Re-seed the upper flat area coming into the pit that was disturbed. Bid Item Description Bid Costs Per Acre Current Job Current Job Item <5 Acres 5-15Acres > 15 Acres #Acres Est. Cost 1 Soil Prep.Till 100 50 40 9 450 2 Soil Prep.Rip 100 50 100 3 Fertilize 100 20 10 4 Drill Seed 100 50 40 9 450 5 Broadcast Seed 150 150 150 6 Hydroseed 150 150 150 7 Straw Mulch 600 400 300 9 3600 8 Hydromulch 650 650 650 9 Install Blanket "--' 10 Seed Mix(see 129 attached page) 9 1161 11 Plant Available 40 lb.N+30 lb. Phosphorus/acre 12 Other Fertilizer Mix Mycorrhiza 2 lbs/acre $16.50/lb (See attached page) seed coating 9 297 Subtotal: Extra Region 1 Region 2 Region 3 Region 4 Items Mobilization** 250 250 250 250 250 250 Job Minimum* 1600 1600 1600 1600 Total Estimated Cost: 6208.00 * Note: Any project with materials (e.g. seed, fertilizer, etc.),minimum payment to Contractor=$ 1600 ; without materials,minimum payment=$ 250 ** No materials/Materials Contractor's Signature: Date: Contractor's Probable Start Date: Estimated time to complete days Project Manager: Date: M:\WPFILES\PEST\reseeding specs\2005 reseeding projects\Ashbaugh request for work order.doc Ashbaugh Pit seed mix: Buffalo Grass (Texoka, Sharps Improved) 4.5 lbs. / acre Little Bluestem 3.5 lbs./ acre Sideoats Grama (Vaughn, Butte, Niner, El Reno, Haskell) 2 lbs. / acre Blue Grama (Hachital, Lovington) 4.5 lbs. / acre Total: 14.5 lbs/acre **Other addition: Mycorrhiza to coat the seed at time of planting. EXHIBIT "E" Maps M:\W PFILES\Mining1.exhibitE.wpd EXHIBIT "F" LIST OF OTHER PERMITS AND LICENSES REQUIRED The proposed Ashbaugh Gravel Pit will comply with Weld County's zone regulations. Permits have also been applied for: State Health and Environment Department—WQCD for storm water discharge State Health&Environment—APCD for air pollution control APEN (Copies of the applications are enclosed.) MA WPFILES\Mining\exhibitF.wpd nrrLiLniIU1, fl ISr,e1 o...Ue...net,. ^-----_. SEE INSTRUCTIONS ON REVERSE SIDE. Mail completed application,APENs,and filing fee to: Colorado Department of Public Health and Environment Air Pollution Control Division 4300 Cherry Creek Drive South,APCDSS-Bl Denver,Colorado 80246-1530 Telephone: (303)692-3150 1. Permit to be issued to: Weld County Public Works 2. Mailing Address: P.O. Box 758 Greeley CO 80632 3. Agent for Service: Greg Nelson • 4. General Nature of Business: County government -crush and stockpile material for county road maintenance and construction 5. 'Air Pollution Source Description: gravel nit SIC code(if known) 1442 Is this a Portable Unit? Yes/No 6. Source Location Address(Include Location Map) If portable,include the initial location and home base location 39434 WCR 115, New Rayner • Home base - Weld County Public Works, 1111 H Street, Greeley, CO • 7. STATUS ® New or Previously Unreported Source ❑ Requesting Modification of Permitted Source(Control Equipment added,process change,etc.): i ❑ -Change in Emissions,Throughputs, or Equipment ❑ Transfer of Ownership—Include an Administrative.Amendment Form .^ ❑ Requesting to limit a source's Potential to Emit(Synthetic Minor)for criteria or Hazardous Air Pollutants using Regulation No.3(for new and existing sources) ❑ Requesting to limit a source's Potential to Emit for Hazardous Air Pollutants only using Regulation No.8(for existing sources only) ❑ Other. • 9. Projected or Existing Source Startup Date: 9/2005 10.Enclose check to ver APEN FILING FEES. One ADEN should be filed for each emission point/or group of points NOTE: Additi processing fees must also be paid prior to permit issuance. I/o, /OS gnature Of gaily Authorized Person(NOT Vendor or Equipment Manufacturer) Date Signed Greg Nelson, Mining Supervisor Phone:070)jb4-by44 Type or Print Name And Official Title Of Person Signing Above Fax (5174:11301/ -64 4 7 11. Check appropriate box if you want: For Division Use Only: 0 Copy of preliminary analysis conducted by Division Permit Number. 0 To review a draft of the permit prior to issuance MRS ID: Now Checking either hall MOM remit in remand fen eedlor processing time.See Reverse. Revised July 2001 htm://www.cdnhe.state co us/an/stationarv.asn ri u g 3 mry 1L N N 5 1¢e r. a €.° Q N•Hrl 0 Z Y a hu 6 ZZA u°.. 4 ° .2u a W c Q u p '•$ Q C 1 Q a. LLv VJ W a H N U �$$ m v F f+ �` E O o •y�� N !Hid O '@ O a ° e — W ? €v .J .w W 2w •oF38co ° 3 3 by 6 � bQ9 0 R. 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IIIIIIII p .a 7 3-_cS q i+ n-" ,- o h 3 L'^ : L " u.5 5' N O M "i w -- ca.r 1-2° , = a O N w Ur ° x - W a c • a '4 a coK ,.. w I o` m5 W m --I N ° w fir. It ° ci) 3 m e ai up U'--I W O O j W a_ fl I o c` c ~ F '1 N O Z _> O.e . �I ,--I 4.1 O E Q D vea .Iq as aF c $ 40� = Eo O 0U' W '=' yVy m 0v, to P+co 00 1010 Cm., ^ a0u V1 E..y .6nn Fpm °o c E 0 i m O rr� E z �I, � � S, Z 2 w 'Q co F 5 CD u O X W I",� W OD gill Witt V FGO °' pa ZO —o 0Z� ° �Em �••1 p Z O V°' O E Z '• w o �6 u.,MQ•, ox .t" ..'—' Ea'q cA a IIIIIII!UE1IIV o gxgZE a.�j co _ m `o _f�' oaW m0 y ..• WV QZ aZ w a W 6 Z O - Z J 5 u WF!-. _ Z ° J Z W %W O N m 7 .. _ a' 'C ..1 8. o 9 y m,z - Z 'y e . u u g u — ..cwm ;t � i ❑ i0_� e1Z U 0 E m o Y h [,1 a a Z > � ic0.Ow c r CvsC GENERAL PERMl1 APPLILA STORMWATER DISCHARGES ASSOCIATED WITH COR- 50 RAND AND GRAVEL PRODUCTION jPERATIONS (AND OTHER Date Received NONMETALLIC MINERALS Year Month Day EXCEPT FUEL) (Permit No.COG-500000) • Please print or type. Do not attempt to complete this form before reading the instructions. 1. Is this the correct application for your facility?? This application is only for the discharge of stormwater. Do you discharge any of the following process generated wastewaters from your facility? EtNo ❑ Yes Product wash waters ENo ❑ Yes Maintenance/equipment wash waters No ❑Yes Transport waters(e.g., slurries) ElNo ❑ Yes Scrubber waters.(crushers or classifiers) • ElNo ❑Yes Mine dewatering (groundwater and/or runoff from the mine) If you answered Yes to any of these questions,do not complete this application. You must instead complete the Process Water and Stormwater Discharges Associated with Sand and Gravel application for this facility,which is available from the Division. 2. Name and address of permit applicant: Company Name: Weld County Public Works Federal Taxpayer(or Employer)ID#:_$ /1 Si Ji _Q _0 _8 3 Mailing Address: P.O. Box 75R City,State and Zip Code: Greeley, CO 80632 _ Phone Number: (970 1356-4000 Who is applying for the permit? _ Owner ti Operator Local Contact(familiar with facility): Greg Nelson Title: Mining Supervisor Phone Number:( 970 ) 356-4000, X 3750 3. Location of the facility: Street Address: 39434 WCR 115 City,State and Zip Code: County: Weld Name of facility: Ashbaugh Pit Legal Location (Township, Range,section, 1/4 section): Section 15. T7N. R59W Latitude and Longitude:_40c 34 48.48096" N., 1013° 5R' 94 49030" W Type of Facility: r New(beginning operations after 10/1/92) ❑ Existing(as of 10/1/92) 7/9315g -1 4. Standard industrial uiassmcatiort a..) i.uucka/ iv. __, a) 1442 b) c) - d) 5. Receiving Stream: The name of the receiving stream(s). (If discharge is to a ditch or storm sewer, also include the name of the ultimate receiving waters.) South Pawnee Creek 6. Describe the industrial activities which take place on site. Mine and stockpile pit run to be crushed on site 7. Other Environmental Permits: Does this facility currently have any environmental permits, or is it subject to regulation, under either of the following programs? Nn Ves Permit#• a) Colorado Discharge Permit System (CDPS or NPDES) X _ App.!Led for b)Colorado Mined Land Reclamation Board X _ Applied for If Yes,include MLRB permit anniversary date 8. STORMWATER MANAGEMENT PLAN A Stormwater Management Plan(SWMP)shall be prepared prior to application for coverage under a general permit,and the following certification signed. See the SWMP requirements in Appendix A "I certify under penalty of law that a complete Stormwater Management Plan,in compliance with Appendix A of the application,has been prepared for my facility. Based on my inquiry of the person or persons who manage the system, or r"" those persons directly responsible for gathering the information,the SWMP is, to the best of my knowledge and belief, true, accurate, and com fete. I am aware that there are significant penalties for falsely certifying the completion of said SWMP, including the p ibility of fine and imprisonment." /OI /03 ignature of P tt Applicant Date Signed 6rej /v,esiSert_ /A2_I Jtpervi Sor- Name (printed) Tide • 9. Signature of Applicant (legally responsible person) "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this application and all attachments and that,based on my inquiry of those individuals immediately responsible for obtaining the information,I believe that the information is true,accurate and complete. I am aware that there are significant penalties for submitting false information,' eluding the possibility of fine and imprisonment." rib 1a3 Signature of ermit Applicant Date Signed ( �r 'i_ei_4Or'1 /12l Mins Sir ruLStir Name (printed) Title 7/93/sg '2' DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, Colorado 80631 Phone (970)353-6100, Ext. 3540 Fax (970)304-6498 USE BY SPECIAL REVIEW(MINING OPERATION)APPLICATION FOR THE DEPARTMENT OF PLANNING SERVICES USE ONLY Application Fee Receipt Number Case Number Recording Fee Receipt Number Zoning District Application Checked By: Planner Assigned to Case To be completed by APPLICANT is accordance with procedural guide requirements: 1. I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed gravel (gravel, coal, borrow pit, etc.) mining operation for the • following described unincorporated area of Weld County: LEGAL DESCRIPTION: NW 1/4 of Sec 15, T7N, R59W, 6th PM PARCEL NUMBER: 0 7 2 1 1 5 0 0 0 0 0 9 (12 digit number-found on Tax I.D. Information or obtained at the Assessor's Office). 2. Surface owner(s)of area of land described Name: Keith & Shirley Ashbaugh Address: 39434 WCR 115 Phone: 970-437-5331 Name: Address: Phone: 3. Owner(s).of mineral rights or substance to be mined Name: Keith & Shirley Ashbaugh Address:39494 WCR Hs Phone: 970-497-4111 Name: Address: Phone: 4. Source of applicant's legal right to enter and.to mine on the land described: Lease between Weld County and Ashbaughs (Include certified copy of any document(s) noted 5. Applicants address: 1111 H Street, P.O. Box 758 Greeley phone: 970-304-6496 Address: Greeley, CO 80632 Phone: 6. Identify any prior permits for mining held by applicant or affiliated person: Weld County has several mining permits. This is the first permit for the Ashbaugh site. 7. Description of Operation A. Types and number of operating and processing equipment to be usad rock crusher= conveyors front-en'd lnader, r(n'er, excavator 7 haul trucks', tandems and samiq B. Maximum number of employees: 20 , and number of shifts: 1 C. Number of stages to be worked: 1, and periods of time each is to be worked 3 to 4 months at a time, depending on need for material. 14 D. Thickness of mineral deposit: 12-15 feet, and thickness of the overburden: 1 foot E. This will be a wet/dry pit operation. dry F. Site entrance/exit points and County roads and bridges to be utilized between site and delivery point(s)(must be coordinated with County Engineer) entry and exit nn rn County road 115 8. Description of reclamation A. Proposed reclamation land use(s): pasture - B. Source of technical advise for reclamation: NRCS and Division of Minerals and Geology C. Explanation of Reclamation Process: As phase is completed, topsoil is applied, and seeding per NRCS recommendations_, Slopes to be a minimum of 3s1 I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. "Signature: er/ uthorized Agent Rev:1-27-97 - 15 PUBLIC WORKS DEPARTMENT 1111 H STREET, P.O. BOX 758 GREELEY, COLORADO 80632 WEBSITE: WWW.CO.WELD.CO.US PHONE C (970) 356-4000, EXT. 3750 FAX: (970) 304-6497 COLORADO August 8, 2005 Mike Sherman Colorado Division of Wildlife NE Regional 317 W. Prospect Road Ft. Collins, CO 80526 r^ Dear Mr. Sherman: Please find enclosed the Wildlife Questionnaire for a Limited Impact 110 Operation Permit Application for Weld County. This is a proposed gravel pit to be operated by Weld County. If you have any questions, please call. Thank you. Sincerely, Greg Nelson Mining Supervisor pc: Ashbaugh Gravel Pit file M:\Mining\Ashbaugh M&G permit-Iet.DOC for limitea impact and select regular mine applications 1. Name of Company/Mine: Weld' County Public Works / Ashbaugh Gravel Pit ...^-- -. Name/Address/Phone of Contact Person: Greg Nelson, P 0 Box 758, Greeley CO 80632 (970)304-6496, extension 3750 3. Location of Mine: Weld County, Section 15,' T7N, R59W, NW 1/4 (County, Township, Range, Section to nearest quarter quarter; Exhibit A-MLR appl. ) 4. Nearest Town/General Location: New Raymer, 7 miles west to WCR 115, south approx. 2.5 miles 5. Land Ownership (Circle) 1rivate 2. BLM 3. USFS 4. Other 6. Present Land Use: pasture land 7. Proposed Final Land Use: pasture land 8. Type of Operation:' . Surface 2. Underground 9. Minerals being mined: sand and gravel 10. Number and Description of Surface Acres Disturbed by Mining/not including roads (Exhibit D-MLR) : 9.9 acres + or - 11. Miles of roads to be constructed: approx. 300 feet rl Life of Mine (years) : 10 years 13. Description of Operation and Reclamation — Additional sheets may be attached (Exhibits B & E-MLR) , Use of scraper or excavator and two heyl trucks to mine and stockpile raw material. . • Frententi loader to feed crusher and load material for off-site use. Dozers will also be used. Reclamation will return site to pasture land. Any remaining slopes will be a minimum of 3:1. Topsoil will be removed and stockpiled for reclamation. Seeding will take place as areas are mined out. Seeding specs will be done per NRCS and landowner's recommendations. .. -1.4. Please enclose Maps Project Operation, Disturbance Areas and Reclamation (Exhibit C.) This will ex ite processing.ce�ss Your cooperation is appreciated. / 15, Prepared by: , �g - Date: i/ ?/GS Page 1 of 2 PUBLIC WORKS DEPARTMENT 1111 H STREET, P.O. BOX 758 GREELEY, COLORADO 80632 IDWEBSITE. WWW.CO.WELD.CO.US PHONE (970) 356-4000, EXT. 3750 C. FAX: (970) 304-6497 COLORADO August 8, 2005 Colorado Historical Society Office of Archaeology and Historic Preservation 1300 Broadway Denver CO 80203 RE: Weld County Public Works Proposed Gravel Site i— Dear Sir or Madam: This is notice that the Weld County Public Works Department intents to apply for a mining permit. The application proposes a 9.9-acre sand and gravel operation at the NW'/ of Section 15, T7N, R59W, of the 6th P.M, Weld County, Colorado. The proposed site will begin operation in September 2005 once all state permits have been approved. The operation will consist of removing, crushing, and stockpiling material for use on Weld County roads. The operation will be intermittent depending on needs of the county. Enclosed is a site/vicinity map. If you have any questions, please call (970)304-6496. Sincerely Greg Nelson Mining Supervisor Enclosure pc: Ashbaugh Gravel Pit file M:\Mining\Ashbaugh-Historical-Iet.DOC EXHIBIT "G" SOURCE OF LEGAL RIGHT-TO-ENTER (Copy of lease is enclosed.) • MAWPFILES\Mining\exhibitG.wpd ra MAR 2 8 2005 11-h RESOLUTION WELD COUNTY PUBLIC WORKS DEPT RE: APPROVE AGREEMENT FOR USE OF SOIL AND/OR GRAVE FOR ROAD PURPOSES AND AUTHORIZE CHAIR TO SIGN KEITH AND SHIRLEY ASHBAUGH 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 Agreement for the Use of Soil and/or Gravel for Road Purposes 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 Keith and Shirley Ashbaugh,39434 Weld County Road 115,New Raymer, Colorado 80742,with terms and conditions being as stated in said agreement, and WHEREAS,after review,the Board deems it advisable to approve said agreement,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,thattheAgreementforthe Use of Soil and/or Gravel for Road Purposes 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 Keith and Shirley Ashbaugh be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be,and hereby is,authorized to sign said agreement. • The above and foregoing Resolution was,on motion duly made and seconded,adopted by ,.- ,�. . • • D. g vote on the 9th day of March, A.D., 2005. 'I ` ! ii ♦ BOARD OF COUNTY COMMISSIONERS " ^ kl WELD COUNTY, COLORADO �. �. rdh r _a.l ArL_ __/9,� r,,.., a- William H. J e, Chair 'Weld re" Clerk to the Board BY:41//1.4 /jaj M. eile, -rr em Deputy Cler t Board _ Davi• E. Lo APP AS TO I I PV ' Robe D. Masden ourttrAttomi EXCUSED Glenn Vaad Date of signature: 41-4i3/0$- D 2005-0793 EG0052 CSC : -F(A.)Ct ca-rd:_≥j 03 AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD.PURPOSES THIS AGREEMENT,made and entered into this .&3 day of Ma...cL, 200j by and between Weld County, Colorado,by and through the Board of County Commissioners of the County of Weld, Colorado, hereinafter referred to as "COUNTY," and Keith and Shirley Ashbaugh,hereinafter referred to as"OWNER." WTTNESSETH: WHEREAS, COUNTY is in need of soil and/or gravel for the construction of county roads,and WHEREAS,OWNER owns certain land on which there is soil and sand or gravel suitable for use in construction of county roads and which OWNER desires to have removed therefrom,and WHEREAS,both parties believe that mining will not expose any groundwater to evaporation,and WHEREAS,the parties hereto now desire to enter into this Agreement to meet their individual and mutual needs. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. GRANT OF RIGHT OF ACCESS TO OWNER'S PROPERTY FOR THE EXTRACTION OF SOIL AND\OR GRAVEL THEREFROM: Owner hereby grants to County the right to enter and have access onto the following described property situated in Weld County,Colorado, for the purpose of extracting soil anchor gravel therefrom for use on County's roads generally located in part of§ 15,T7N, R59W of the 6th P.M., Weld County,Colorado,known as the Ashbaugh Pit (hereinafter referred to generally as the "Property."),In the course of said extraction, COUNTY agrees to use its best efforts to keep the banks of the soil anchor gravel extraction pit sloped to prevent Owner's cattle from falling over the banks. Additionally,COUNTY agrees to use its best efforts to reduce the disturbance of any more pasture land than is necessary in order to accomplish the extraction contemplated by this Agreement. The term"extraction" as used in this Agreement shall include the removal of soil and sand or gravel from the Property. ( separate soil pit run only? 2. ROYALTY FOR SOIL AND\OR GRAVEL EXTRACTED: COUNTY agrees to pay OWNER a royalty of.$ .75 (seventy five cents)escalate who pays severance per ton for all soil and sand or gravel extracted and removed from the property by County during the term of this Agreement. Such royalty is to be paid by the end of the month in which the material is removed. r•. 1 2005-0793 3. ACCESS: OWNER agrees to provide land for a haul road and direct access to the work area. COUNTY agrees to construct and maintain said haul mad in good condition and to restore said haul road at the termination of this Agreement if requested by OWNER 4. OWNER'S RIGHT TO USE STOCKPILED SOIL AND\OR GRAVEL: Owner may take up to 100 cubic yards per calendar year commencing January 1,2005 of any soil and sand or gravel stockpiled by the County on the premises for use on his driveways or yards. Owner agrees that prior to taking said soil and sand or gravel he shall consult with County to determine from which stockpile the soil and sand or gravel may be taken. 5. BOOKS AND RECORDS: County agrees to keep accurate records of all soil anchor gravel removed from said described lands and shall, at all reasonable times,make said records available to Owner for his inspection. 6. PERMITS - COUNTY shall be responsible for obtaining all necessary State,COUNTY, and Federal permits. Including the cost of any necessary surveying for the mining operation on the subject premises at its own expense which permits will not include asphalt or concrete batch plants. COUNTY shall consult with OWNER during the permitting process and to exercise reasonable diligence in obtaining all necessary permits in a timely fashion. The operation on the premises by COUNTY shall be conducted in compliance with those permits as may be determined by the agency legally responsible for enforcing those permits. OWNER agrees to cooperate with Weld COUNTY and to execute any necessary documents to assist Weld COUNTY in obtaining the necessary permits and not to interfere with any work required as a result of said permits . County will be responsible for any of the construction, improvements and ongoing operations necessary to comply with an approved permit. 7. NOTICES: Any notice of termination or other demand by Owner or County shall be made in writing and forwarded by certified mail to the following address: OWNER: COUNTY: Keith and Shirley Ashbaugh 39434 WCR 115 Weld County Public Works New Raymer, Co 80742 P.O.Box 758 Greeley, CO 80632 8. TERM:The term of this Agreement shall be from the date of execution to and until ten years later, and shall renew automatically for additional one year periods thereafter, unless sooner terminated in writing by either party. Said notice of termination must be received at least thirty(30)days prior to the stated date of termination. 9. NON-ASSIGNMENT: This Agreement shall not be assignable without prior written coast-fit of County-orOwner;whichever is-the non=assignirrgparty 2 10. MODIFICATIONS AND BREACH: This Agreement contains the entire agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modifications, amendment,novation,renewal, or other alteration of or to this Agreement shall be deemed valid or any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term,provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing or signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of,a breach by any other party,whether expressed or implied, shall not constitute a consent to,waiver of, or excuse for any other different or subsequent breach. 11. SEVERABILITY: If any terms or condition of this Agreement shall be held to be invalid, illegal,or unenforceable,this Agreement shall be construed and enforced without such a provision to the extent this Agreement is then capable of execution within the original intent of the parties hereto. 12. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement,shall be strictly reserved to the undersigned parties,and nothing contained in this Agreement shall give or allow any claim or right of actions whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of ,20_ OWNER: a-22)-4-414 ,(,n414 STATE OF COLORADO ) )ss COUNTY OF Weld COUNTY rny�l The forgoing instrumentwas acknowledged before me this rQ d /'ay of a4.44•A_ ,2005,by Keith Ashbaugh and Shirley Ashbaugh. Witness my hand and oieal. ••• ":Cii -••-. i�; : +e'P....,.,6 �..1��1,11A .19 f.ftleA) jai NOTARY - Notary Pub • �`� e ............ in expires: Myc mgyw,Erypss,Oprirt0.200 sst li , COUNTY: ON+ w, o f Clerk to the Board • '~ • + By:4 1, u 6Jto p7� /`� By: Th 1�it,-, Deputy Clerk ttoo�/the Board wi 111 am H ierks ,Chairman.03/09/2005 Board of County Commissioners of the County of Weld, State of Colorado APPRO TO Bru arker W County Attomey MAWpfiksUGREE\UB WORKSIazhbaughfinaJwpd arcs-c7 3 • EXHIBIT "H" MUNICIPALITIES WITHIN TWO-MILE RADIUS There are no municipalities within two miles of the site. r— M:\WPFILESNlining\exhibitH.wpd EXHIBIT "I" r-- PROOF OF FILING WITH THE COUNTY CLERK TO THE BOARD (Enclosed is a copy.) M:\WPFILES\Mining\exhibitl.wpd 6( ji EXHIBIT I PUBLIC WORKS DEPARTMENTWINg 1111 H STREET, P.O. BOX 758 GREELEY, COLORADO 80632 WEBSITE: WWW.CO.WELD.CO.US COLORADO PHONE (970) 356-4000, EXT. 3750 FAX: (970) 304-6497 STATE OF COLORADO) ) ss COUNTY OF WELD ) In Weld County; the Clerk to the Board performs those functions relevant to Board of County Commissioner records actions,which are normally performed by the Clerk and Recorder; therefore,the entire application,as attached, is on file with the Weld County Clerk to the Board. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County at Greeley, Colorado,this 15th day of A„g„at 2005 Eilda CLERK TO THE OARD 1861 '_ „ Q� r' _ B •e' " • DEPUTY CL TO THE B ARD M:\MiningUushbaugh-Exh 1.doc PUBLIC WORKS DEPARTMENT 1111H STREET P.O. BOX 758 GREELEY, COLORADO 80632 WEBSITE: www.co.weld.co.us PHONE (970) 356-4000, EXT. 3750 FAX: (970) 304-6497 Weld County Clerk to the Board P.O. Box 758 915 10th Street Greeley, CO 80632 Subject: Division of Minerals and Geology, Limited Impact (110) Operation Reclamation Permit Application The signature below acknowledges receipt of the above application. The application will be placed for public inspection and review until notified otherwise by applicant. The information will be made available to the public until 60 days following approval of the application by the Colorado Mined Land Reclamation Board. Received on August 17, 2005 By: Deputy Clerk to the Board M:\W PFILES\Mining\spec-I 1 l.wpd EXHIBIT "3" PROOF OF MAILING NOTICES OF PERMIT APPLICATION to BOCC and SOIL CONSERVATION BOARD (ENCLOSED) r M:\W PFILES\Mining\exhibitLwpd NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR CONSTRUCTION MATERIALS LIMITED IMPACT(110)OPERATION NOTICE TO THE BOARD OF SUPERVISORS OF THE LOCAL CONSERVATION DISTRICT • WEST GREELEY SOIL CONSERVATION DISTRICT Weld County Public Works (the"Applicant/Operator")has applied for a Construction Materials Limited Jmpact(110) Reclamation permit from the Colorado Mined Land Reclamation Board(the"Board")to conduct the extraction of construction materials in W ni a 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 or recorder. The applicandoperator proposes to reclaim the affected land to pasture land use. Pursuant to Section 34-32.5-116(4)(m),C.R.S.,the Board may 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 ----"•right to a bearing before the Board on this application,you must submit written comments on the application within ten(10) a ys 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 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 desorption of the change. M:tini&wt\vdams\Cassanaim110 (05/062003) r. WEST GREELEY CONSERVATION DISTRICT -4x02 W. 9th ST. RD. GREELEY, CO 80634 EXHIBIT "K" TERMS OF GOVERNMENTAL CONTRACT (ENCLOSED) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO By 11-1-7 IC William H. Jerke, Chair AUG 1 5 2005 M:\W PFILES\Mining\exhibi[K.wpd r EXHIBIT "L" PERMANENT MAN-MADE STRUCTURES The excavation site is more than 350 feet away from any man-made structures. Permanent man-made structures are located on maps. See Exhibits"A" through"E." Addendum 1,Notice requirements are enclosed. M:\WPFILES\Mining\exhibitL.wpd b > E O 0 U a) ,4 00 0 ra CD r UJ rr ri ca k J, • CD - , ao w � Cd b .C - k 3 ,0 rd rd O OH .UIn .O a � O O H N 0 0 � 0 aa, - rn E 0 ,0 -H 0 rd a) - it 0 rd a) X a) b b o p o 0 r. 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H �, 0 ` a � rn rd rd 0 .0 rd I ~ H rd o -UH rd U 0 rd k rd rd b ,.01 ` U) O H a) rd oaa .� U o YHco 0.4 3-) W HO a) o ab � v o o rd a) -0 0 1� a) $-4 a y 4-) O 0 N a 4.0 rd 4 k OO rd H 0 C H -,� U a r d En -H 04 a) .'1 -H O •• w . rd a) -Hi H (d0 k 0 _0 k k4-4H . . a0 ---- 0 O4-) a) a0 0 © 04 a � � Li 4-i -H U -- m � O '`''cit O ' ' b a Pd ? 0 W O r-H p U C E -H > W Ste" O k 4-, in a F 40 -H -Hfd > 4JOO ) () .1-Ez4-) a2 Z 4 $1 O ¢ Z ,C -, 'd a a a) rd Ord O -Hl a) G) - O k H E-+ O rdg rd Rw ELJg 0001 U H o a An example Public Notice which meets the requirements of the Statutes is shown below. The blanks,which require dates,will m o 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 ofthe date the application is considered submitted to the Division of Minerals and Geology(the"Division"). The fma-date for receiving comments is ten (10)days after the date of 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 Construction Materials 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. 34-32.5-110(7)(c), 114 and 115. *►►►►*►********►►ttt*►*►*►**►►►►►****t►►►******tt►t***►►*t*t****►►►***********►******►►►►►*►►►*►****►►►****** PUBLIC NOTICE P,0. Box 758, Greeley CO 80632 (Operator Name) t41d minty Pnhlir Works '(Address and Phone Number) (970)304-6496 ,has filed an application for a Construction Materials Limited Impact (110) Reclamation Permit with the Colorado Mined Land ➢"lamation Board under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. The 1 posed mine is known as the(Name of the Mine) Ashbaugh Pit and is located at or near Section 15 Township 7 N Range59 W. 6th Prime Meridian. The proposed date of commencement is September 2005 ,and the proposed date of completion is Sep tember 2015 . The proposed future use of the land is(Future l anrinse) pasture land Additional information and tentative decision date may be obtained from the Division of Minerals and Geology, I313 Sherman Street,Room 215,Denver,Colorado 80203,(303)866-3567,or at the(County Name) Weld County Clerk to the arc idRotdsoffice;(Clerk and Recorder's Address) 915 loth gt Gram Py or the above-named applicant. A complete copy of the application is available at the above-named County Clerk 211SLiiiintlin office and at the Division's office. to the Board Comments concerning the application and exhibits must be in writing and must be received by the Division of Minerals and Geology by 4:00 p.m.on(Final Date for Comments) Please note that under the provisions of C.R.S. 34-325-101 et sue. Comments related to noise,truck traffic,hours ofoperation, visual impacts, effects on property values and other social or economic concerns are issues not subject to this Office's jurisdiction. These subjects,and similar ones,are typically addressed by your local governments,rather than the Division of Minerals and Geology or the Mined Land Reclamation Board niniharewsformsConstruction110 (05/06/2003) I g, 0 tJ .P £ n 0 0b0-^- m. ¢ ¢ a r < p Z ttl wA 90 aD rs^�^m•p 77 '❑.❑ .m, ❑❑ ❑ a3 Cod [H�70 °' m 'm � , n e 0 3 S a 5. 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