The URL can be used to link to this page

Browse Search

Home My WebLink About20060433.tiff DEPARTMENT OF PLANN ING 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: APPLICATION RECEIVED BY PLANNER ASSIGNED: 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 Weld County: Legal Description___ E 1/2 of S.E. 1/4 ,Section 31 , Township_3 North, Range 67 West Flood Plain: yes _ Zone District: AO , Total Acreage: 73 ,Overlay District N/A Geological Hazard: N/A ,Airport Overlay District_ N/A 2. Surface owner(s) of area of land described Name: Harold E. & LaVerna Nelson Address: 11955 WCR-15 Phone: (303)776-2336 Name: Address: Lonomont. CO Phone: 80504 3. Owner(s) of mineral rights or substance to be mined Name: See"Surface Owners" Address: Phone: — ------------ --------- ------- Name: Address: Phone: 4. Applicant's name: Asphalt Specialties Coylnc_fASCI) EmailAddress rlaird@asphaltppecialties_com Address: 10100 Dallas St., Henderson, CO 80640 Phone: (303)289-8555 _ 5. Identify any prior permits for mining held by appicant or affiliated person: I (We) request that the following described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals,and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has to leg I authority to sign for the corporation.' 21 Or �� O'�Z- O..- Signature: Owner orAut Authorized Agent Date Signature: Owner or uthorized Agent Date Harold E. Nelson LaVerna Nelson 2006-0433 15 ftrj ASPHALT SPECIALTIES CO . 10100 Dallas St. • Henderson, CO 80640 • (303) 289-8555 • Fax: (303) 289-7707 June 27, 2005 Mr. Kim Ogle, Planning Manager Weld County Dept. Of Planning Services 1555 N. 17th Ave. Greeley, CO 80631 RE: USR Application Submittal for Nelson Mining Resource near Weld County Rd. 26 and Weld County Rd. 15 Dear Kim: Per our discussion at a pre-application meeting held on January 3, 2005 between myself, you and Don Carroll of the Weld County Public Works Dept., enclosed please find the discussed USR application and associated materials required by Weld County for the referenced USR submittal. As you are aware, this is a very straightforward USR application requesting sand and gravel mining and an associated concrete batch plant. Active aggregate mining is occurring directly adjacent to this proposed site on the east and west, and just slightly to the southwest down the road on WCR-26. Areas directly to the north have been previously mined. We have included the Special Review (Mining Operation) Submittal Checklist and are submitting all required originals and copies per the checklist. Per the suggestion of Don Carroll, I have set out separate copies of the traffic study for him with a separate cover letter. The DMG permit application is being submitted to the state at the same time as the County submittal. That application (also enclosed with the county submittal) is very straightforward and fairly simple, as we are only mining a rectangular area of approximately 73 acres. Please direct all correspondence to me and do not hesitate to contact me if you have any questions or concerns. Thank you in advance for your timely review of the amendment application for this site, and I look forward to working with your department to expedite the hearings before the Planning Commission and County Commissioners. Sincer Rob Laird, Land Manager enclosures cc: file Dan Hunt USE BY SPECIAL REVIEW QUESTIONNAIRE NELSON MINING RESOURCE BACKGROUND This Use By Special Review permit application has been prepared to mine and process aggregates, batch concrete, and ship both aggregates and concrete within the proposed permit area. QUESTIONNAIRE 1. Detailed description of the method of mining operation: a. Proposed structures onsite will include a site access road, a scalehouse/office, a concrete batch plant and parking area, and a raw materials processing plant (crushers, screens and associated conveyors). b. The hours of operation will be daylight hours Monday through Saturday. The number of onsite employees will be 12. c. The operation will be dry mined. Dewatering trenches will be dug around the perimeter to allow groundwater to drain and be pumped to a gravel lake north of the site. No discharge will occur directly to St. Vrain Creek. d. The site is accessed by an existing oil access road off of Weld County Road (WCR)- 26. A"Road Access Information Sheet" and a preliminary traffic study have been prepared and are attached and enclosed. e. The sand and gravel will proceed in Cells lettered A-C as shown in the extraction Plan Drawings. The largest cell is approximately 39 acres and therefore 39 acres will be the largest area to be worked at one time. Reclamation is proposed to be concurrent with mining, meaning overburden will be backfilled into mined out areas, whenever and wherever possible. f. Mining will occur in one phase divided into Cells A-C. An approximate mining timetable is given in Table1. g. The depth to the bottom of the sand and gravel is approximately 25-30 ft below ground surface. The overburden ranges from 1.5-7 ft thick. h. The reclaimed land use will be a water storage reservoir. Reclamation will occur concurrently with mining wherever possible. This method will directly backfill in-situ overburden to previously mined out areas instead of stockpiling. An approximate reclamation sequence is given in Table 2— Reclamation Sequence Summary. The proposed water storage reservoir will include a compacted clay liner. The reclamation plan will not expose groundwater and will therefore, not require an augmentation plan. The landowner possesses Last Chance Ditch water rights, which will be used to fill the reservoir. i. The technical advice for this type of reclamation plan comes from Weiland, Inc.'s professional engineers and geologists, who have designed numerous reclamation plans for similar sand and gravel deposits. 2. Explanation of how this proposal is consistent with the intent of the "Weld County Comprehensive Plan". The proposed project is a commercial mineral resource. Section 22-70-70 of the Weld County Comprehensive Plan States: Use by Special Review Questionnaire Turnpike Mining Resource Page 1 of 4 "The County recognizes that mineral resource extraction is an essential industry. The availability and cost of materials, such as sand and gravel, have an economic affect on the general construction and highway construction industry". 3. Statement which explains how the proposal is consistent with the intent of the district in which the use is located The site is located in the A (Agricultural) zone district. The proposed mining and concrete plant activities are allowed as a Use by Special Review under 23-3-40 (3) (4). 4. The landowner wishes to use the water storage reservoir to augment irrigation wells for the purpose of agriculture. 5. Statement regarding Health Safety and Welfare of the neighborhood and County Permits will be obtained from the Colorado Department of Health and Environment to maintain air and water quality standards Operations will adhere to Weld County Noise ordinance standards Traffic studies have been conducted and will be reviewed by County officials regarding traffic safety issues. 6. Statement describing existing surrounding land use and compatibility Existing land uses surrounding the subject property consist of gravel mining, agricultural, oil and gas production, grazing, transportation (Weld County Roads 13, 15, and 26), and residential. Two sand and gravel operations are currently permitted directly east and west of the subject project site, respectively. St. Vrain Sanitation District is located directly north and west of the subject project site. Oil and gas well locations are denoted on the vicinity map. The zoning ordinance allows the proposed mining operation as a Use by Special Review. The mine and reclamation plans, as well as the end use of the property, have been designed to be compatible with the surrounding agricultural land uses and contain provisions to ensure compatibility 7. A statement describing existing land use The existing land use is agricultural land. 8. Detailed Descriptions a. Approximately 12 employees will be onsite. The site will not be open to the public. The only outside access allowed will be service operations with authorized ASCI vendors. b. The hours of operation are to be daylight hours Monday-Saturday. Equipment service personnel may be onsite on Sunday, however, there will.be no mining, processing, batch plant operations or hauling on Sunday. c. Cattle may be grazed and grass hay cultivated in the areas not yet disturbed by mining. d. Vehicular access to and from the site will include heavy vehicles and light vehicles. Heavy vehicles will include primarily 18-wheeled tractor-trailers with approximately 25-ton haul capacity, ten wheel dump trucks, 18-wheeled tractor-trailers for equipment hauling, and 10 wheeled concrete mixer trucks. Other heavy vehicles may access the site on a non-frequent basis. Light vehicles will include employee pickup trucks, SUV's and passenger cars. Site generated traffic will include 112 heavy vehicle trips (56 round-trips) and 24 light vehicle trips (12 round-trips). e. Fire protection will be provided by the Mountain View Fire Protection District, 9119 County Line Road, Longmont, CO 80501 Use by Special Review Questionnaire Turnpike Mining Resource Page 2 of 4 f The Central Weld County Water District can provide the water supply to the site. Additionally, a commercial well permit may be applied for through the state in lieu of a water tap. g. There is currently no sewage disposal system on site. An individual sewage disposal system (ISDS) is proposed for the scalehouse/office. h. N/A i. Storage of raw and processed sand and gravel will occur in and around the processing plant area as shown on the extraction plan map. Overburden stockpiles will occur within mining cells adjacent to the first excavation area within a cell. Reclamation will occur concurrently with mining and will backfill additional overburden into mined out areas as new mining areas are stripped. j. The need screens will be determined with the advice from Weld County planners. k. Once the site has been approved for a Use by Special Review, site improvements including the site access road, water supply and septic system will be constructed. Timetables for construction of any offsite improvements will be negotiated with the Department of Public Works. I. Following the Use by Special Review activity, reclamation procedures may include construction of appurtenant structures for the water storage reservoir, slope grading, re- vegetation of affected land and weed management. m. Onsite storm water drainage due to new pavement will be handled with ditches and culverts. Stockpiles will not be placed in the path of major historic drainage paths. Best Management Practices (BMP) for disturbed areas will be implemented to prevent excess sediment loads from entering the gravel lake to the north. n. Any remaining concrete construction debris will be removed for recycling during reclamation activities following mining. Any other debris will be removed from the site within 2 years of completion of reclamation. o. Weld County has been identified as one of the largest growing communities in the state and as such has a need for concrete and aggregate products to keep up with the growth. p. This area is located in the floodplain and the applicant will apply for a Flood Hazard Permit. The project is not in a geologic hazard area nor is it in a Weld County Airport overlay District Use by Special Review Questionnaire Turnpike Mining Resource Page 3 of 4 Table 1. Mining Timetable Mining Cell Area Approximate Time Until Complete [acres] Cell A 39 7-11 years Cell B 23 4.6 years Cell C 4 '/Z-1 year Total 66 12-18 years Table 2- Reclamation Sequence Summary Reclamation Activity Reclamation Sequence Backfill areas adjacent to Oil and Gas Following excavation adjacent to Oil and Gas Structures— 150 ft radius wells Backfill outer perimeter northern 1/3 of Cell A to During Mining of the southern 2/3 of Cell A reclaim a 3:1 slope Backfill outer perimeter southern 2/3 of Cell A to During and following mining of Cell B reclaim a 3:1 slope Topsoil replacement Cell A During mining of Cell B Backfill outer perimeter of Cell B to reclaim a 3:1 During and following mining of Cells B and C slope Topsoil replacement Cell B During and following mining of Cells B and C Backfill outer perimeter of Cell C to reclaim a 3:1 During and following mining of Cell C slope Topsoil replacement Cell C During and following mining of Cell C Seeding and fertilizing Following topsoil replacement Use by Special Review Questionnaire Turnpike Mining Resource Page 4 of 4 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R8266999 Parcel#: 120931000060 Tax Area: 2313 Bordering County: Acres: 210.65 Township Ranae Section Quart.Sec. Subdivison Name Block# Lot# 03 -67 - 31 -0 - - Owners Name&Address: Property Address: NELSON HAROLD E&LA VERNA Street: 12071 15 CR 11955 WELD CO RD 15 City: WELD LONGMONT, CO 80504 Business/Complex:THE NELSON PIT Sales Summary Sale Date Sale Price Deed Type Reception# $0 Legal Description PT E2 31-3-67 LYING E OF FOL LN BEG AT N4 COR S2611' N75D23'E 1110.4'N57D47'E 140.8' N69D42'E 48.8' S78D38'E 87' S TO S LN SEC EXC BEG 2277.84'S OF NW COR NE4 TH ALG C/L ST VRAIN CREEK N58D31'E 198.03' N52D42'E 431.68' N42D24'E 256.35' N39D48'E 2 Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Agricultural 4117 Acres 50.38 Agricultural 4117 Acres 1.42 Agricultural 4117 Acres 24.2 Agricultural 4167 Acres 134.65 Land Subtotal: 210.65 $31,154 $9,030 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Residential 3 Out Building 4 Out Building 5 Out Building Improvements Subtotal: $110,215 $9,840 Total Property Value $141,369 $18,870 Building Details Account#: R8266999 Parcel#: 120931000060 ^ Owners Name&Address: Property Address: NELSON HAROLD E & LA VERNA Street: 12071 15 CR 11955 WELD CO RD 15 City: WELD LONGMONT, CO 80504 Weld County,Colorado �' Page 1 of 1 .— .we LD C O LP .N TY SEARCH , C , CONTACT HELP NOM Parcel Summary '' '" Layers Parcel#: 120931000060 Visible Owner: NELSON HAROLD E&LA VERNA r Rivers and Streams �" Address: 11955 WELD CO RD 15 r-' ' City: LONGMONT r Irrigation State: CO Zip Code:80504 .y E Major Electric ,r. .:.R# r Railroads Other Accounts on this Parcel ,.-T_r- � r Road Centerlines Account Type #of Account's : E Road Edge Oil 5 f�[• ',, . r Precincts L J r Sales Detail Information:mmen 3. F County Border LAND BUILDING r Airstrips VIEW MAP r Lakes and Ponds PROPERTY PROFILE BUFFER PARCEL _ . FIRESTO! ' F City Limits 1Iiiii FIRESTONE: r Parcels Tax Summary Mal F 0tr.Section Grid Account# R8266999 Total Taxes: $1,352.40 F Photography(high Res.) Amount Due: $0.00 Mill Levy: 72.632 F Photography(low Res.) Tax Year: 2004 Current taxes and mill levy are year 2004 which are payable in 2005.Tax '' Refresh Map'(k deadline for the full payment is April30. Payment after this date will incur interest.Adjustments to Total Taxes Due,such as Senior Citizen's Exemption, Special Improvement districts,Declaration Penalty,TO 1000 Penalty or prior years'delinquent taxes are not included. Treasurer's Office . • • • • • Designed and Hosted by: m I O I Q'1 I`-1 Ig 4t C / t I j Zoom In IMO ciaMERRICK o Questions regarding this/page?H http://maps.merrick.co m/webs i to/we ld/viewer.htm?Title=Weld%20Co u my%2C%20Color... 7/20/2005 JUL-19-2005 0B:33AM FROµ-WEILAND INr% 3034360953 T-441 P.002/002 F-5T9 Report Date: 06/08/2005 O3:13PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R8266999 ASSESSED TO: NELSON HAROLD E&LA VERNA 11955 WELD CO RD 15 LONGMONT,CO 8O5O4 LEGAL DESCRIPTION: PT E2 31-3-67 LYING E OF FOL LN BEG AT N4 COR S2611'N75D23'E 1110.4' N57D47'E 140.8' N69D42'E 48.8' 578O38'E 87 S TO S LN SEC EXC BEG 2277.84'S OF NW COR NE4 TH ALG C/L ST VRAIN CREEK N58D31'E 198.03' N52D42'E 431.68' N42D24'E 256.35' N39D48'E 219.1 N63D43E 342.79' N73D14'E 200.3'TH SODE 910.15' N78D38'W 87' S69O42'W 48.8' 857O47'W 140.8'375O23'W 1110.4'TO W LN NE4 TH NODE 333.16'TO TPOB (2D3R)SITUS: 12O71 15 CR WELD O PARCEL: 12O931OOOO6O SITUS ADD: 12O71 15 CR WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2OO4 TAX 1,352.40 13.52 0.00 1,365.92 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 06/08/2005 0.00 ORIGINAL TAX BILLING FOR 2004 TAX DISTRICT 2313- Authorlty MITI Levy Amount Values Actual Assessed WELD COUNTY 19.957 371.60 AGRICULTUR 34,511 10.010 SCHOOL DIST RE1J 40.089 746.45 AGRICULTUR 4,686 1,360 NCW WATER 1.000 18.62 AGRICULTUR 91,106 7,250 SVW WATER 0.230 4.28 ---------- ----------- CWC WATER 0.000 0.00 TOTAL 130,303 18,620 MTN VIEW FIRE(BOND 2OO8) 0.290 5.40 WELD LIBRARY 3.249 60.50 LONGMONT CONSERVATION 0.000 0.00 MOUNTAIN VIEW FIRE 7.817 145.55 - TAXES FOR 2OO4 72.632 1,352.40 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES, CHANGES MAY OCCUR AND THE TREASURERS OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 (97O) 353-3845 ext. 3290 STATE 01 COLORADO DIVISION OF MINERALS AND GEOLOGY ^,partment of Natural Resources ' 'Sherman 5t., Room 215 COLORADO L er,Colorado 80203 DIVISION O F Phone: (3031866-3567 CONSTRUCTION 1SLATERiATS MIL S FAX: (303)83z$1o6 REGULAR(112) OPERATION G Y RECLAMATION PEILMIT APPLICATION FORM '"'"`INI CE Bill Owens Governor CF ECK ONE: There is a File Number Already Assigned to this Operation Russell George Permit# p-2OO5- O11 (Please reference the file number currently assigned to this operation) Executive Director X New Application(Rule 1.45 Ronald W.Cattany P, ) • Amendment Application(Rule 1.10) Division Direcor Conversion Application(Rule 1.11) Natural Resource Trustee Permit# M- - _ (provide for Amendments and Conversions of existing permits) lie application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts:(1)the application form; :2)Exhib its A-S,Addendum 1,any sections of Exhibit 6.5(Geotechnical Stability Exhibit;and(3)the application fee. When you submit your tpplication,be sure to include one(1)complete sipped and notarized ORIGLNAL and one(1)copy of the completed application tarn,two(2) :opies of Exhibits A-S,Addendum 1,appropriate sections of 6.5(Geotechnical Stability Exhibit,and a check for the application fee described alder 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'X14"size. To :xpedite processing,please provide the information in the format and order described in this form. • GENERAL OPERATION LNFORIvIATION Type or print clearly,in the space provided,ALL information requested below. • iplicant/operator or company name(name to be used on permit): Mphait Stial bree do., The.— 1.1 Type of organization(corporation,partnership,etc.): C,�jv'a'�"' LLCr1 F .. Operation name(pit,mine or site name): Welton IA I n trii IZergourte . Permitted acreage(new or existing site): 73 permitted acres 3.1 Change in acreage(+) • N/A acres 3.2 Total acreage in Permit area 73 acres Fees: New Application $2,344.00 application fee New Quarry Application 52,906.00 quarry application 4.4 Amendment Pee $1,938.00 amendment fee 4.5 Conversion to 112 operation(set by statute) S2,344.00 conversion fee Primary commoditie(s)to be mined: ear)d arid a�vel 5.1 Incidental commoditie(s)to be mined: 1. Iii A - •/ 16s/ions/r 2. / lbstions/vr 3. / lbs/Tonsn•r 4. i lbs/Tonsiyr 5. / Ibs/TonsAr 5.2 Anticipated end use of primary commoditie(s)to be mined: "rO ee- .1 n eiTi rr4ao5) � riEte 5.3 Anticipated end use of incidental commoditie(s)to be mined: N/A JJ �" Office of Office of Colorado rank-wit-a;Gurvav Name of owner of subsurface rights of affected land: Ha rola , and LaVen- * lel cI � �v If 2 or more owners, "refer to Exhibit O". 1 1 7. Name of owner of surface of affected land: }�t_lrold E. and La Verna tJ ekor) Tvne of minim,operation: X Surface Underr;ound Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRLNCLpAL 1VERIDIAN(check one): �6th(Colorado) 10th(New Mexico) lite SECTION(write number): S S I TOWNSHIP (write number and check direction):r T North _South RANGE(write number and check direction): • R l07 _East X West QUARTER SECTION(check one): NE _NW X SE SW QUARTER/QUARTER SECTION(check one): NE NW _SE _SW GENERAL DESCRLDTION: (the number of miles and direction from the nearest town and the approximate elevation): Sr�P- X tenor Eh cc-the-Thum ras+a a at an eleV, o-P '1'1805-ft rnsi ).• Primary Mine Entrance Location(report in either Latitude/Longitude OR UTM): •^tude/Loneitude: xample: (N) 39° 44' 12.98" (W) 104° 59' 3.87" • Latitude(N): deg `IQ min 10 sec $1 . 36 (2 decimal places) Longitude(W): deg 104 min rj J sec 55 . bb (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449° Latitude(N) (5 decimal places) Longitude(W) (5 decimal places) OR Universal Tranverse Mercator(UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum(specify NAD27,NAD83 or WGS 84) Zone Easting Northing 11. Correspondence Information: PPLICANI'/OPER&TOR (name, address,and phone of name to be used on permit) Contact's Name: Our OurrE TiUet dent Company Name: Asphttt-5ttttlt�.ee do.)-r- L Street/P.O.Box: 1O16O Da 1146 St• P.O. Box: City: I+ender'on State: CD. Zip Code: Telephone Number: r 1 CS ' - Z83_c3 5 Fax Number: I - z$9-'1707 PEP.IvfTTING CONTACT (if different from applicanboperator above) A Contact's Name: Rob L4jrd Tide: Land Manager Company Name: A fftdf 1.1�( J Street/P.O.Box: see 4scbJe P.O.Box: City: See above State: see abate Zip Code: Telephone Number: ( ) - See abate - Fax Number: ( - Eyo o Se INSPECTION CONTACT I' J Contact's Name: `)b La;rrl Tide: I._[)flu MA najer Company Name: See 4bwe Street/P.O,Box: P.O.Box: City: State: u " Zip Code: Telephone Number: f r 1- Fax Number: ( II 1_ I CC: STATE OR FEDERAL LANDOWNER(if anv; Agency: hi)Q Street: City: State: Zip Code: Telephone Number: ( 1- CC: STATE OR 1'WDERAL LANDOWNER(if any') Agency: K() Street: City: State: Zio Code: Telephone Number: ( - r-- Primary future (Post-minim") land use (check one) Cropland(CR) _ Pastureland(PL) _ General A griculture(GA) Rangeland(RL) _ Forestry(FR) Wt ldlife Habitat(VvZ) Residential(RS) Recreation(RC) _ Industrial/Cornmercial(IC) X Developed WaterResources(WR) Solid WasteDisposal(V.D) 3. Primary present land use(check one): Cropland(CR) )( Pastureland(PL) _ General Agriculture(GA) Rangeland(RL) _ Forestry(FR) _ Wildlife Habitat(WL) Residential(RS) _ Recreation(RC) _ IndustriaVCommercial(IC) _ Developed Water Resources(WR)4. Method of Mining: Briefly explain mining method(e.g. truck/shovel): dry On ini nj us i lg " . nc!A4hoe ord. haul-trvtke -� - Lai t Site . I • 5. On Site Processinr Crushing/Screening L- - 13.1 Briefly explain mining method(e.g. truck/shovel): �fTfl lnr? ue k trL1L14(f 1( rt ��l L -{o pinrSt a • any designated chemicals or acid-producing materials to be used or stored within permit area: NI• i. Description of Amendment or Conversion: If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s). NIA -5 - e and Exhibits r.. TwL , . complete,unbound application packages must be submitted. One complete application package consists of a signed application form and the set of maps and exhibits referenced below as Exhibits A-S,Addendum'-,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(1)(b): EXHIBIT A Legal Description EXHIBIT B Index Map EXHIBIT C • Pre-Mining and Mining Plan lvfap(s)of Affected Lands • EX•-lIT ID Mining Plan DU--IIBIT E Reclamation Plan EX-`IIB T F Reclamation Plan Map EXHIBIT G Water Information EXHIBIT H Wildlife Information EXHIBIT I Soils Information EXHIBIT J Vegetation Information EXHIBIT K Climate Information ECHIBIT L• Reclamation Costs • EXHIBIT M Other Permits and Licenses Th{IBIT N Source of Legal Right-To-Enter c. IIBIT O Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined EXHIBIT P Municipalities Within Two Miles EXHIBIT 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(1)(b) • ADDENDUM I -Notice Requirements (sample enclosed) Rule 6.5 Geotechnical Stability Exhibit(any required sections) be instructions for preparing Exhibits A-S, Addendum 1, and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and .ule 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 gould like to schedule a pre-application meeting you may contact the Office at 303-866-3567. tesponsibilities as a Permittee: ipon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a umber of important requirements which you, as a permittee, should fully understand. These requirements are listed below. lease read and initial each requirement,in the space provided,to acknowledge that you understand your obligations. If you do not nderstand these obligations then please contact this Office for a full explanation. JN 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 von-mining operation in the event your permit is revoked and financial warranty is forfeited; - 6 - ^ 2. The Board may suspend or revoke this permit,or assess a civil penalty,upon a- P t5', P finding that the pzrmit[ee 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; VAT�— 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as permittee can result; 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of any chanties in your address or phone number; cV6. Upon permit issuance and prior to beginning on-site mining activity,you must post a sign at the entrance of the mine site,which shall be clearly visible from the access road, with the following information(Rule 3.1.12): • a the name of the operator; • b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. 7. The boundaries of the permit boundary• area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance. 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application,as well as with the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. 9. Annually,on the anniversary date of permit issuance,you must submit an annual fee as specified by Statute,and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date(if there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the ar•n iversary 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 permittee,to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. VA 10. For joint venture/partnership operators:the signing representative is authorized to sign this document and a power of attorney (provided b •the artner s y P ( )) authorizing the signature of the representative is attached to this application. 'ermit Condition: 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 CO use as a contact. - 7 - -E TO CONDIEVTORS/OBJECi'ORS: 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 ;ontact the Office at(303) 866-3567. - 8 - 'incation: s� ks .uthorized representative of the applicant,I hereby certify that the operation described has met the minimum requirements of he following terms and conditions: 1. To the best of my knowledge,all sionificant,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 34-325-115(4)(c), CRS.). 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-325-115(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, CRS.)as determined through a Board finding. 4. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. his form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,C.p_S., of the Colorado Land eclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any ?rout issued on the altered or n edified form and subject the operator to cease and desist orders and civil penalties for operatingwithout permit pursuant to section 34-32.5-123,CRS • .geed and dated this 22nd day of Tune. • 2co y, ECIAL% p-� wct�tet . If Corporation • . .t CiPORATE 00 plicant/Operator or Company Name :SEAT. n 19,signed:_ 9 d�� • /�Ss's✓ - • Corporate 4 r.iL �� valent tie o Town/City/County Clerk ate of C.dot-natt) ) ss. minty of Adume to `oregoing instrument was aclmowledged beke me this : .I) day of •�I,{ n YA►l t a I lAI f 1c t�1 as +`fl13i - of tkf lmo.I Spec lc,)4—; ✓� ) vf. a ic Notary Put 41 fr My Commission expires: /(• / 1 -0PUS 7 * SIGNATURES MUST BE IN BLUE INK r i�siurensfo �• - .proved 05/I U2003) w eaeninlee Sint 10.17-00 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 This site is the location of a proposed construction materials operation. (Name of the Applicant/Operator) a�. ► whose address and phone number is (Address and Phone Number of the Applicant/Operator) I- eresrl n�' _i ,has applied for a Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the application may view the application at the(County Name) W 2A d County Clerk and Recorder's Office,(Clerk and Recorder's Office Address)9(5 I St,d(regje p land 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, T"'berft Lai r hereby certify that I posted a sign containing the above notice for the proposed permit areaallaaown as the(Name of Operation) i1g15C(1 M;riv V eflXd$ (Date Posted) a toil 21 2OOG . • SIGNATURE DATEu/ 2/7 ZG 1`L\siekharer afam,\eeWcvction 112.doc (Approved 05/11/2005) NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) CONSTRUCTION MATERLALS EXTRACTION OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS Weld COUNTY • p+'"t' Sri ati1P5 dO.1T • (the"Applicant/Operator")has applied for aRegular(112)reclamalionpermit from the Colorado Mined Land Reclamation Board(the"Board")to conduct the extraction of construction materials operations in Weld County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Minerals and Geology(the "Division") and the local county clerk and recorder. The applicant/operator proposes to reclaim the affected land to ev'e d WCtCxY e use. Pursuant to Section 34-32.5-116(4)(m),C.RS.,the Board may confer with the local Boaz of County Commission s 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 onthe application within twenty(20)days of the date of last publication of notice pursuant to Section 34-32.5-112(10), C.RS. L ..ou 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:voinldwe\Mb®s\Commuction I12.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 SUPERVISORS OF TIC LOCAL CONSERVATION DISTRICT Lc*C7'AOUT DISTRICT ice-}" '"f W �1 c J Co. 1 Tl 'L' • (the"Applicant/Operator")has applied for a Regular(112)reclamation permit from the olorado ed Land Reclamation Board (the "Board") to conduct the extraction of construction materials operations in \Weld County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Minerals and Geology(the"Division")and the local county clerk and recorder. _" "� The applicant/operator proposes to reclaim the affected land to !�P V$� WCrkCr cArra4e, use. Pursuant to Section 34-32.5-116(4)(m), C.RS., the Board may confer with the local Conservation Districtg'before approving of the • post-mining land use. Accordingly,the Board would appreciate your comments on the proposed operation Please note that,in ord-vo preserve your right to a hearing before the Board on this application,you must submit written comments on the application twenty(20)days of the date of last publication of notice pursuant to Section 34-32.5-112(10), C.RS. 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. \TOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of a :hange to a previously filed application you must either attach a copy of the changes,or attach a complete and accurate description )f the change. lArnio\snaeiveronnaComvu:.ion 112.doc (Approved 05/11/2005) v.4.1 Exhibit A— Legal Description The project encompasses most of the East 1/2 of the Southeast 1/4, Section 31, Township 3 North, Range 67 West of the 6th PM. This property is owned by Harold E. and LaVerna June Nelson as part of a larger parcel of land as shown in Exhibit N. The latitude and longitude of the location of the main entrance into the site is 40° 10' 31.36" North and 104° 55' 35.66" West. The Weld County Parcel ID is 120931000060. The site is located in the southeast corner of the intersection of Weld County Road 26 and Weld County Road 15, approximately 2 miles east of Interstate 25. .ti. Nelson Mining Resource Regular 112 Permit Application 6.4.4 Exhibit D — Mining Plan Mining Description The Mining Plan is described in this section and correlated with Exhibit C-2, Mine Plan Map (C-2). Mining is sequenced with designated mining Cells A-C as shown on Exhibit C-2. Mining will be accomplished by the "dry-mining" method with alluvial groundwater being de-watered and pumped from the aggregate resource prior to excavation. Mining will employ conventional aggregate mining techniques including use of scrapers or backhoes to excavate overburden and sand and gravel and haul trucks to move materials as either backfill or as sand and gravel to be further processed at the gravel plant site. Sand and gravel processing and a concrete batch plant will be located onsite with shipping of finished product occurring offsite. Earthwork Earthwork will generally occur as indicated in Table 6.4.4-1. Sand and Gravel extraction will follow stripping of each mining cell. Reclamation will occur concurrently wherever possible. Table 6.4.4-1. Earthwork Table VOLUME SEQUENCE OPERATION OPERATIONELL OF CSTOCKPILE STOCKPILE NUMBER LOCATION [CK 1. Strip Northern 1/3 Cell A 60,000' Overburden of Cell A 2. Strip Southern 2/3 None None Overburden of Cell A (direct replacement into Cell A) 3. Strip Southern 1/3 None None Overburden of Cell B (direct replacement into Cell A slopes) 4. Strip Topsoil Southern 1/3 None None of Cell B (direct replacement into Cell A) Nelson Mining Resource Regular 112 Permit Application 6.4.4 Exhibit D — Mining Plan 5. None Strip Northern 2/3 None Overburden of Cell B (direct replacement into Cell A & B slopes) 6. Strip Topsoil Northern 2/3 None None of Cell B (direct replacement into Cell A & B) 7. Strip Cell C None None Overburden (direct replacement into Cell B) *Maximum stockpile occurring at any one time Water Diversions • Water diversions will include pumping groundwater from dewatering trenches into a sump before discharging to a pond owned by the Nelsons to the north of the active permit area. Some water will be used for the wash plant, however, this water is recycled in a continuous loop. Timetable and Size of Mining Areas The mining operation is expected to last for 12 years, however, this could vary depending upon market conditions. The approximate size of areas to be worked at any one time correlates to the size of the mining Cells. Table 6.4.4-2 shows the mining Cell size and the approximate timetable for working each Cell. Table 6.4.4-2. Mining Timetable MINING CELL APPROXIMATE AREA TO APPROXIMATE BE WORKED AT ANY ONE TIMETABLE TIME [acres] [years] A 40 7-11 B 23 4-6 C 4 0.5-1 TOTAL 66 12 Nelson Mining Resource Regular 112 Permit Application 6.4.4 Exhibit D — Mining Plan Nature of the Deposit Overburden thickness ranges from 1.5 to 7 feet. The average overburden thickness is approximately 3.5 feet. Average topsoil thickness is approximately 1 ft. The sand and gravel deposit to be mined varies in thickness from 20 to 38.5 feet, with an average thickness of approximately 30.5 feet. It varies from sandy lean clay in the upper zones, to coarse clayey sand and sand with gravel nearer the bedrock. The gravel typically found in this area has a history for being processed into high-quality concrete aggregates other construction material aggregate. The underlying strata on the property is a claystone bedrock. Commodities The primary commodity is sand and gravel to be used for the construction industry. There are no incidental commodities. Explosives No explosives will be used for the mining operation. Nelson Mining Resource Regular 112 Permit Application 6.4.5 Exhibit E — Reclamation Plan Description All areas adjacent to oil and gas wells will be backfilled to a radial distance of 150ft following excavation. Reclamation will occur concurrently with mining following completion of gravel extraction in the western 1/3 of Cell A. Reclamation will backfill slopes to 3H:1V and 2H:1V in the pit and the pit will be reclaimed as a water-storage reservoir. All affected areas above the normal pool elevation of the reservoir will have topsoil replacement and be re-vegetated with native vegetation followed by a weed control program. Exhibit F- Reclamation Plan Map shows final grading and topsoil/ re-vegetation areas. Reclamation Earthwork Reclamation earthwork will occur concurrently with mining and will begin following extraction of sand and gravel from the northern 1/3 of Cell A. Stockpiled overburden located adjacent to the mined out cell (-60,000 yd3) will then be placed onto the slopes of the northern 1/3 of Cell A. Additional overburden stripped from the remaining mine area will be directly replaced onto mined out slopes as the operation proceeds. There is approximately 500,000 yd3 of overburden within the pit area. Approximately 500,000 yd3 of overburden will be used to backfill the slopes. Following slope backfilling, clay material will be ripped from the pit floor and used to construct a compacted clay liner. About 34,000 yd3 of clay material located on the pit floor will be ripped, moisture conditioned and placed in 1 ft thick lifts on the pit slopes. Compaction will then occur for each lift and scarification between lifts will be achieved. The compacted clay liner will be constructed to a thickness of 4 feet. The applicant chooses to place a 100% bond for the clay liner. Topsoil Replacement Topsoil will be placed to a depth of 1 ft on all affected areas above the normal pool elevation of the reservoir. The total area to undergo topsoil replacement is 10.7 acres and the total topsoil replacement volume is approximately 17,300 yd3 Nelson Mining Resource Regular 112 Permit Application 6.4.5 Exhibit E — Reclamation Plan Seeding and Fertilizing Currently, the entire pit area is used as a grass hay field The proposed seeding areas are shown on Exhibit F — Reclamation Plan Map. The recommended seeding method is by drill and seeding rates assume this method. The species composition of the seed mixture recommended for reclamation is shown in Table 4 below. Table 6.4.5-4. Recommended Seed Mixture Species (Variety) Rate-pure live Native/ W/C Cost seed(pls) Introduced Season pls/ac lbs/ac Thickspike wheatgrass 8.0 to 10.0 Native Cool $11.70 (Critana) Sideoats grama (Vaughn) 5.0 to 7.0 Native Warm $7.25 Switchgrass (Nebraska-28) 4.0 to 6.0 Native Warm $5.00 Alfalfa (Nomad) 3.0 to 5.0 Introduced NA $1.90 TOTAL 20.0 to 28.0 $28.85 Based on this seed mixture an application rate of approximately 20.0 to 28.0 pls/ac will be used. Topsoil will be disked prior to seeding. It is recommended that fertilizer be utilized for reclamation. A standard application of a fertilizer will be used and applied at a rate of 250 lbs/ac. The total area to be seeded is approximately 10.7 acres. The total area to be fertilized is approximately 10.7 acres. Seeding and fertilizing will be completed after the overburden and topsoil is replaced, smoothed to conform to the existing topography and disked. Optimal periods of seeding are in the fall (after November 1st) or in the spring from late March up to April 30th. Mulching will not be completed as the quality soils and availability of water should facilitate the rapid establishment of perennial grasses. Following revegetation, weed management strategies will be implemented to facilitate and achieve native grassland. Years 1 thru 5 following revegetation will include an aggressive mowing program to prevent the growth and establishment of weeds, specifically, the eight noxious weeds including: Canada thistle (Cirsium arvense), Dalmation toadflax (Linaria dalmatica), diffuse knapweed (Centaurea diffuse), leafy spurge (Euphorbia esula), musk thistle (Carduus nutans), Russian knapweed (Centaurea repens), spotted knapweed (Centaurea maculosa) and Yellow toadflax (Linaria vulgaris) as mandated by Colorado State Law (35-5.5CRS1990, 1996). If needed, herbicide application will be applied as needed to further control these weeds. Herbicides will also be used to control saltecedar (Tamarix spp.) if it becomes established in the reclaimed area. Table 6.4.5-5 presents recommended herbicides, application rate, and time of Nelson Mining Resource Regular 112 Permit Application 6.4.5 Exhibit E — Reclamation Plan application for each of the 9 species. It may be necessary to replant treated areas. Nelson Mining Resource Regular 112 Permit Application a) C C.) o co U) � rt a 0)CC ,c C E O) O a N a = � co C �a co m m a) 0 "- to m CO L e+ V) V) co co co O L L C m CO CO CO CI O O CO y Cl) C j Cr) CO L L L c ui d p p la 'O 3 J 7 O O O L L 2 2 2 a) C 3 J+ J. O) O) c co L w o j co y a) 4) a co RI O a) C a) N •� co N CO CO N i o E -'o woo woa m o O O L W `p " N d E CO y y !" 'O cu �- O a a O 2 2 2 .O a) V L L O p O) O) C a O) C C x Q w -c -c •C — -c .` •c 2 O. CL CL CL 0 ClW a Q CL CL 0 co co U) u 0- co Cl) co in c O (O U t0 D._ C O U C O Co cc N co c @ .O co f00 a U a .O O U ° � f\ , 0 (\0 a7 U co L Q Cr 1 CO a) i C + Cr N Q M CO d d to a to M L Q N N e- a— O r O N 'O Q + a) a) -a + N w Eso _ l E E E c a) o '. r a Q O O O 9 'OO c U a) a) d 3 O U U U o N 7 �' t 0 0 N O. a a h a] 7 N 0 ui c -o I y o a) �` a) V cm a) co co ccoo 3 E a d y Co Cu k co caw (Oct o c D Y ... CD c j o o O a)CO O. Er 0- 0)Q G •�_ E 2 C) a >, O N CO c_ 4) ` C 3 Z 6- O EO N 'OO O) cc C 2 -C co co = a) O O) C ca a) Cl) O_ u) L Q) O) m C .CC .CC L O O. O) C CC COC O O O "O C o a O o O 2 2 L C a E E E o o 3 Cl) m aa) ca m m N N °� Ca >, >, a a) o Cl) o Cl) as co o +2 ce a) m coo m co L w r ,`r-- E uJ cn c c c >, ` 2 O O O O r n ° -o a) a) o, E E E m o) m o E E U) LL LL LL U) U) 11- L.L. < Q in co o LL- ca + ca a C in CO O CO a3 CO i O in a3 in N CO CO co O- inca Q N a N a a a N r C) Cr A- c; r O r r r U a) O c + CD c° E E E co Tn o o = _ a CO` — m as ED c -0 'O Q C >, t co O r O O 07 O o 't Q) � J O 0 = Ti 0 o V f- H H .N > C0a) 0 'O 0 'n 'n U N o A-- m m a) -o ai > O) ,co 3 w3 co co w N n n c� a) o as J fn 2 .L. c' Y fnY r CI) } / E // — e [ 0 Z $ �co \ / CCO ® k �o } ) § Cl) = { § Ct d \ § ) $ S . 0) o g # _ C Z o a § . E \ / 5 C E \ / \ o ` k a = \ 2 \ / � 0 te 0 CO t c j / ' ° 5 0 CO ) / / 7 ) 7 E Ea = a $ ® a \ ) § a § / a) o / � \ a ei 0 f Z © R f \ 2- 0 / :-= } \ } = e @ § ) \ § — � E o & w ) c co E � » L > ] a 0 g � a NQ NO 0 § k k\ CO Er [ . f a E o w § » } ) \ / k \ \ j o � C) ° \ t $ o.4.5 Exhibit E — Reclamation Plan Alternative Reclamation Plan There is no alternative reclamation plan. Nelson Mining Resource Regular 112 Permit Application u.4.7 Exhibit G —Water Information Groundwater Groundwater occurs at an average depth of 10 ft below ground surface in the local area. There are no alluvial water supply wells within 600 ft of the pit excavation. Mining of the proposed excavation area of the permit will be by the "dry-mining" method. De-watering operations will begin prior to sand and gravel excavation. The Applicant has obtained one share of water from the Last Chance Ditch Company, which will provide 383 acre-feet of water for use in augmentation. Surface Water The nearest major watercourse is St. Vrain Creek, which flows within one-half mile of the northwest corner of the property. Final discharge of excess water recovered and clarified from de-watering of excavation areas on the permit site may be made to St. Vrain Creek. Prior to any discharge activity to St. Vrain Creek, the operator will obtain a Colorado Discharge Permit System (CPDS) Permit. Nelson Mining Resource Regular 112 Permit Application 6.4.8 Exhibit H —Wildlife Information Review of wildlife data for this area does not show that any critical wildlife habitats exist for the Nelson property. A Preliminary Conservation Planning Area Summary (PCA) from the Colorado Natural Heritage Program indicated that there may be known threatened or endangered species of plants or animals in the general area of this proposed permit area (attached). However, the PCA did not show any known threatened and endangered occurrences specifically in Section 31, the site of the Nelson Sand and Gravel Mine. Savage and Savage, Inc. performed an investigation of the proposed permit area in May of 2001. Additionally, this study has been updated with a letter from Savage and Savage dated June 21, 2005. The purpose of the investigation was to assess the likelihood of encountering jurisdictional wetlands, and potential habitat for Preble's Meadow Jumping Mouse, Ute Ladies-Tresses Orchids, Western Burrowing Owl, and any other natural features with potential federal regulation. Their study (attached) concluded that no potential habitat for the Mouse, Orchid, or Burrowing Owl was present on the Nelson property, nor was any potential jurisdictional wetland. • Nelson Mining Resource Regular 112 Permit Application Savage and Savage practical solutions for environmental problems 464 West Sumac Court 303 666-7372 telephone Louisville.Colorado 80027-2227 303 665-6808 facsimile May 29, 2001 Tug Martin Banks and Gesso, LLC 720 Kipling, Suite 117 Lakewood, Colorado 80215 Re: Preliminary Site Investigation for Nelson Property, Weld County, Colorado Dear Mr. Martin: • On May 18, 2001, Savage and Savage conducted a preliminary site investigation of the Nelson property that will be developed for mineral extraction. The purpose of the site investigation was to assess the likelihood of encountering jurisdictional wetlands and potential critical habitat for Preble's meadow jumping mice (Zapus hudsonius preblei), Ute ladies'-tresses orchids (Spiranthes diluvialis), and western burrowing owls (Athene cunicularia). The site investigation consisted of a pedestrian inspection of the site where development will take place. The Nelson property is located north of Weld County Road 26, west of Weld County Road 15, and approximately 0.25 miles southeast of St. Vrain Creek. The Last Chance Ditch crosses the southeast corner of the property. The site is approximately 80 acres contained in the SE% of Section 31, Township 3 North, Range 67 West of the 6th Prime Meridian in Weld County, Colorado. The Nelson property contains predominantly old pasture and agricultural fields that gently slope (< 1°) from south to north. The southeast corner of the site is a horse pasture with an oil and gas production site located along the west edge of the property. Mustards, alfalfa, dandelions, orchardgrass, Kentucky bluegrass, and meadow fescue dominate the site. The general location of any critical potential habitat for species of special concern, waters of the United States, and potential jurisdictional wetlands are depicted on the attached map. Waters of the United States Waters of the United States, regulated by the U.S. Army Corps of Engineers (USACE), are all waters which were, are, or could be used in interstate commerce; and in Colorado include (but are not limited to) rivers, streams, ponds, sloughs, and wetlands. The Last Chance Ditch crosses the southeast edge of the site. The ditch is connected to a tributary system and is considered waters of the United States by the USACE. If development of the site will include disturbance to the ditch a permit should be secured from the USACE prior to disturbance. r Tug Martin Nelson Property page 2 Jurisdictional Wetlands Regulated jurisdictional wetlands encountered in Colorado include submergent, emergent, wet meadows, sloughs, surface water drainage ditches, bogs, and potholes. No wetlands were found on the Nelson site. Preble's Meadow Jumping Mouse Habitat The Preble's meadow jumping mouse (Zapus hudsonius preblei) is a federally listed threatened species which generally occurs near wetlands and water bodies. Currently, the U.S. Fish and Wildlife Service (USFWS) and USAGE are requiring habitat assessment and/or live-trapping surveys for all projects impacting potential critical Preble's habitat and those projects within 300 feet of the 100 year floodplain containing Preble's habitat. The property was evaluated for potential Preble's habitat, based on the current USFWS guidelines. No potential critical habitat for the Preble's was identified within the Nelson property. Ute Ladies'-tresses Orchid Habitat The Ute ladies'-tresses orchid (Spiranthes diluvialis) is a federally listed threatened plant species characteristically found in wet meadows and alluvial flood plains below 6500 feet in northern Colorado, southwestern Wyoming, and the Uintah Basin of Utah. Habitat assessments and/or pedestrian surveys during the blooming period are required for sites within the South Platte River 100 year floodplain and in characteristic habitat which includes areas with a seasonally high water table, wet meadows, stream channels, floodplains, areas with vegetation in the facultative wet or obligate classification, and jurisdictional wetlands. No potential critical habitat for the orchid was found within the Nelson site. Western Burrowing Owl Habitat The State of Colorado listed the western burrowing owl (Athene cunicularia) as a threatened species of special concern. While the burrowing owl does not fall under the protections of the federal Endangered Species Act, it is protected under the federal Migratory Bird Act and State of Colorado statutes that prohibit the killing of this species. If the owl is identified, mitigation or avoidance measures may be required. The western burrowing owl is a summer migratory resident of Colorado, found primarily in grasslands and mountain parks, usually in or near black-tailed prairie dog or Richardson's ground squirrel colonies. The owls may also use well-drained steppes, deserts, prairies, and agricultural lands. The favored habitat is well-grazed, early successional grasslands with significantly sandy soils. No potential critical habitat for the owl is present within the site. Tug Martin Nelson Property page 3 Discussion and Recommendations Waters of the United States and Jurisdictional Wetlands Waters of the United States are found within the Last Chance Ditch. If the proponent will disturb the ditch a permit should be secured prior to disturbance from the USACE. No jurisdictional wetlands were found on the site. Threatened and Endangered Specks No potential critical habitat is present for the Ute ladies'-tresses orchid, Preble's meadow jumping mouse, or the western burrowing owl on the Nelson property. If we can provide additional information or clarification regarding the preliminary investigation, please call me at your convenience. Sincerely, �.A ECdti�iSaage`v e vcry President Attachment: General Location and Features Map %.2 C5±.... S .....\ . \',\-----.__S"-/- J----' / - 7 S\ _ f. \ 29 � ]95 ril fi ' ' -,, }7' ____Y 2-,„___) ot a c /5"-I t i ,4796 }- 1.4 .1-4> tl 4799 I 12---tell 775 ?y,`'t tsr 'v.•r• /� t/Sch oil/36 J 3 1 • 32 0+ �_r-- LAST 15? BM • - o `. • TON ' j,-./ i -t _ i ' LOP V • Gar / v / v y lit 1 1 EL) t, • • ia I .! a I H6/ v e �� ( i • • : er \ 1 l/ ---- \\-)c,,, ` cam, : - I ,,r'..\�• �✓ 1 /I Nelson Property General Location Ma ( v (- / /-k (1:- Sc i YIN 9 I n 'MILE OSP Ir 0 1900 Z0W 3000 4000 FEET P®Id inn TOPOI 01992 W9dBIw•r P,oducSou(www loporom) Savage and Savage ENVIRONMENTAL tigip.-� practical solutions for environmental issues 4610 Haystack Drive 970 674 8080 telephone `'i", Windsor,Colorado 80550 970 674 8088 facsimile savageandsavage@earthlink.net E ; (fj • a • W: � l June 21. 2005 Rob Laird Asphalt Specialties Co. 7321 East 88`h Avenue Henderson, Colorado 80640 Re: Nelson Property 2001 Preliminary Site Investigation Review Dear Rob: I reviewed the May 29, 2001 Preliminary Site Investigation we prepared for the Nelson Property in Weld County and drove by to verify the current conditions on the property. The observations, conclusions and recommendations we made in 2001 remain valid with one exception. The majority of the site has been planted to hay and is being harvested. The quality and quantity of the crop lead me to conclude that the hayfields (comprising approximately 80% of the property) have been irrigated. There does not appear to be critical habitat for the Preble's meadow jumping mouse, Ute Ladies-tresses orchid or western burrowing owl. Further, no bald eagle nests or individuals were observed on the property. No wetland areas were observed. The Last Chance Ditch, an irrigation canal that has been deemed waters of the United States by the Corps of Engineers, was flowing at the time of my site visit today. If modifications to the Last Chance Ditch are anticipated, the appropriate permit should be secured from the Corps of Engineers. If we can be of further assistance, please call. Sincerely, Aithisrver- Michael S. Savage Principal t• • • O N • N •t A 7 !. r m d • 4 it J Fig , • To w .*11 ,:ti . E L , # c°ei I; I ' te ,� It ,- 1 1 6.4.9 Exhibit I - Soils Information Please refer to Exhibit C-1 for mapped USDA soil polygons. Soils within the proposed permit area consist of four (4) soil types. Altvan Loam is found in the northern half of the property. Aquolls and Aquents can be found in the extreme southeastern corner of the site. Vona Loamy Sand is also found in the southeast corner of the property. Heldt Silty Clay is located in most of the southern portion of the site. Soil types mapped within the proposed permit boundary can be found on Exhibit C-1. The Altvan Loam soil type is a deep, well-drained soil on terraces. It is formed in old alluvium deposited by major rivers. The surface layer is typically 10 inches thick. Altvan loam has a moderate water capacity. Surface runoff is usually slow, and erosion hazard is low. This soil is almost exclusively used for irrigated crops. It has a fair to good rating potential for urban and recreational development, with its shrink-swell problem as the main limiting feature. Aquolls and Aquents are deep, poorly drained soils that have formed in recent alluvium. It is typically found on bottomlands and flood plains of all major streams, and in depressions in smooth plains and along bottoms of natural drainageways. The water table is typically at or near the surface of these soils and most of the type is subject to excessive runoff. This soil is usually used for rangeland and wildlife habitat. Heldt Silty Clay is a deep, moderately well drained soil found on plains. It is formed in alluvial sediment derived from shale. The surface layer is typically about 7 inches thick. r This soil type's permeability is slow, with a high water capacity. Its surface runoff is medium, and the erosion hazard is moderate. The slow permeability and high shrink- swell potential create problems in dwelling and road construction, making the potential for urban and/or recreational development poor. Irrigating this soil can support crops such as corn, sugar beets, beans, alfalfa, and small grain. The Vona Loamy Sand soil type is a deep, somewhat excessively drained soil found on plains and high terraces. It is formed in eolian or alluvial deposits. The surface layer is typically about 12 inches thick. This soil's permeability is moderately rapid and its water capacity is described as moderate. Surface runoff is slow and erosion hazard is low. The soil can support both irrigated and non-irrigated crops, but is limited in what crops it can adequately support. The potential for urban and/or recreational development for this soil type is good. Once established, lawns, trees, and shrubs grow well. Nelson Mining Resource Regular 112 Permit Application 6.4.11-Exhibit J —Vegetation Information The vegetation inside of the permit area consists almost entirely of irrigated grass hay. The property is currently used as a grass hay farm and has historically been used as a grass hay farm. Adjacent Land Uses and Vegetation Areas immediately adjacent to and within approximately 200 feet of the proposed site consist primarily of gravel mining, agricultural, oil and gas production, grazing, transportation (Weld County Roads 13, 15, and 26), and residential uses. Nelson Mining Resource Regular 112 Permit Application 6.4.11-Exhibit K— Climate Information The Longmont, Colorado monthly climate summary for the period of record dated August 1, 1973 to July 31, 2000 is provided in the following: LONGMONT 2 ESE, COLORADO (055116) Period of Record Monthly Climate Summary Period of Record: 8/ 1/1948 to 7/31/2000 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual Average Max. Temperature 42.0 46.6 52.7 62.0 71.7 82.2 88.5 86.5 78.3 67.0 52.1 44.4 64.5 (F) Average Min. Temperature ' 11.7 16.8 23.1 31.9 42.2 50.3 55.3 53.3 44.1 32.8 22.1 14.4 33.2 (F) Average Total Precipitation 0.40 0.38 1.10 1.70 2.48 1.76 1.13 1.26 1.24 1.35 0.67 0.47 13.93 (in.) Average Total 5.6 4.3 7.2 4.1 0.4 0.0 0.0. 0.0 0.4 1.5 5.2 6.0 34.7 SnowFall (in.) erage Snow 1 1 0 0 0 0 0 0 0 0 0 1 0 Depth (in.) Percent of possible observations for period of record. Max. Temp.: 99.6% Min. Temp.: 99.6% Precipitation: 99.7% Snowfall: 97.5% Snow Depth: 91.1% Check Station Metadata or Metadata graphics for more detail about data completeness. Western Regional Climate Center, wrccAdri.edu Nelson Mining Resource Regular 112 Permit Application O 0 00000 - 00 ,— O co 7 03 N O O) O) C O O N 707 0) L0 O N N- M CO O) N M N N- N O co M 7 c0 w co N_ O 7 O MO ,co O co CO M co co 7 7 0 N O C7 CO 7 CO 7 0 r` co 7 7 % C O) O r` N Cr r O) O 7 r 7 LO 0 L0 n CO CO M O N r h LA v V9 O N 69 cf) 69 V3 M EA 69 M r LC) 69 EA M CO Wv) 69 EA 69 69 69 T- 1EA 4 LD CON- 000100 CO CO LC) CO CO O O O CO y O) O L0OO OO0 M 0 69 � f9696A o0 CO EA F EA fA LO N .Z 69 D o O n 0 7 Ln Q Z O O O a0 ca CO z O N N 0 O 0 E o o 0 o M z' o n vvv J O co M M Q 0 �. F- 0 I— to E.O. CO r to V N F Q ca N 0 U Z v 0 m m r Q o O 2et U w J O O U o in 0 U p N 1 d 0 //7�� J 0.5V J m 0 O v co S 0 L 0oz, 0) CJ0 '- N X C w O. cu O 6 0 - r nm U O 69 C N p 0 a) C m n Ud c O U p n E v a rim .09a y a0i 0 a m b O m N m O ,-- co o ,c2 -0 F N _ _ r U K w C O O O o N u7 Nizo C a N O o c w ca w O a c O CO7 U — 0 Q co 1n o N O O U a7 -to O O N _� r• () V a N -0 0 C O Co U CU 0 a o F `�v c N G co co y U E y L 0 o -o O f° c , O d• U = V co p — a) o p Woo C 13 'O O O 2 O O: C0 .O a 0 Q U a) 2 0 a1°i O 3 E m 0) O- E O (0o 5 a y o 0 o t E rn o N Y 0) m a) c c y N CD O CO Q 2, 6 0 O o a°�i E I- U o. 3 O >, >, > .o m to O a t u) w c E co N O N 0 0 Lo O O n O O) U 00 co FO - ( 00 F- 0wJa -, a H. 0 w2' f d r N CO 7 L0 CO 1� CO U r N M 7 r N co Ct % 0 , ww _i IX IXliJ p al O 6 Z X W 6.4.13-Exhibit M — Other Permits And Licenses Weld County Use by Special Review Permit An application for a Use By Special Review Permit is being submitted concurrently with this DMG 112 Permit application to Weld County, Colorado as part of the land use permission granted to mine the Nelson Property. Colorado Discharge Permit System (CDPS) State Discharge Permit/Stormwater Permit Prior to any ground-disturbing activities at the proposed permit area that would cause the need for water discharge to St. Vrain Cr., a CDPS/Stormwater Permit will be obtained from the Colorado Department of Public Health and Environment (CDPHE) that will account for any and all offsite discharge and will contain a plan for control of that discharge. Air Permits Prior to any ground-surface disturbing activities (topsoil removal and stockpiling, access road development, haul road construction, or material hauling) for the Nelson Property, the operator will obtain a site Fugitive Dust Permit from the CDPHE for these activities. This permit will be kept active during the entire life of the mine. State Engineers Temporary Substitute Water Supply Plan/Gravel Pit Permit A Temporary Substitute Supply Plan will be submitted to the State Engineer for review and approval prior to commencement of any mining operations on the property. Nelson Mining Resource Regular 112 Permit Application 6.4.15-Exhibit O — Owner(S) Of Record Of Affected Land (Surface Area) And Owners Of Substance To Be Mined The owners of record of the subject property and substance to be mined are Harold E. and LaVerna June Nelson. A copy of the General Warranty Deed illustrating ownership is included. Owners of surrounding land and structures within 200 ft are shown on Exhibit C-1 and Exhibit C-2 Nelson Mining Resource Regular 112 Permit Application 6.4.16-Exhibit P — Municipalities Within 2 Miles The municipal boundary of the Town of Firestone is located within two miles of the proposed permit area. Town of Firestone P.O. Box 100 Firestone, CO 80520 Nelson Mining Resource Regular 112 Permit Application -6-.4.49=Exhibit Q—Proof Of Mailing Notices To Board Of County Comissioners And Soil Conservation District Nelson Mining Resource Regular 112 Permit Application AFFIDAVIT OF RECEIPT State of Colorado County of Weld BEFORE ME, a representative of the Longmont Soil Conservation District, on this 2 qrh day of •1/ ry , 20 ©rDid receive a copy of "Notice of Filing Application for Colorado Mined Land Reclamation Permit" —Nelson Mining Resource. • Signature I � No alts/ Ln '17t. Name (Prihted) 6.4.18- Exhibit R— Proof Of Fitirrg-Wittrtounty Clerk And Recorder Nelson Mining Resource Regular 112 Permit Application Aug 01 2005 9: 21AM HPLASERJET FAX 3t -852-8788 p. 2 AFFIDAVIT FROM THE WELD COUNTY CLERK & RECORDER This will acknowledge receipt of the Mined Land Reclamation Board Application for a Construction Materials 112 Regular Permit for the Nelson Mining Resource. This document is on file in the office of the Weld County Clerk to the Board, 915 10th St., 3rd Floor, Greeley, Colorado, 80631, for public inspection. Dated this 74143-- CWeld County Clerk to the Board ,_, rn "� r- 6.4.19 -Exhibit S — Permanent Man-Made Structures Permanent man-made structures within 200 feet of the affected land for this application are shown on Exhibit C-2, Mine Plan Map. Negotiations with owners of permanent man-made structures within 200 ft of has been initiated. Until such time as agreements can be reached or a geotechnical study is conducted, an affidavit from the applicant has been provided that commits to limiting any excavation to greater than 200 ft from any permanent man-made structure. Permanent man-made structures within 200 feet of the affected land and on the affected land include: Table 6.4.19.1 — Permanent manmade structures within 200 ft Structure I.D.` Owner& Description A United Power Underground Electric B Kerr-McGee Oil &Gas Well - Harold Nelson Unit A True C Kerr-McGee Flow Line for Harold Nelson Unit A True D Duke Energy Corporation Gas Line E Central Weld County Water District Water Main F United Power Overhead Electric G AT&T Monitor H Kerr-McGee Oil & Gas Storage Tank Kerr-McGee Oil & Gas Separator J Kerr-McGee Oil & Gas Well -9-31A Nelson Corp K Kerr-McGee Flow Line for 9-31A Nelson Corp L Last Chance Ditch and Box Culvert M Tri-state Generation and Transmission Association, Inc. Utility Pole N Tri-state Generation and Transmission Association, Inc. Utility Pole O Tri-state Generation and Transmission Association, Inc. Utility Pole P Qwest Communications Telephone Wire Q Kerr-McGee High Pressure Gas Line *As shown on Sheet C-2 Nelson Mining Resource Regular 112 Permit Application AFFIDAVIT OF INTENT TO SETBACK 200 FT FROM ANY PERMANENT MAN- -- MADE STRUCTURE WITHIN OR ADJACENT TO THE NELSON MINING RESOURCE Asphalt Specialties Co., Inc. agrees to setback any pit excavations a minimum of 200 ft from any permanent man-made structures until agreements are reached with the owners of the permanent man-made structures within.or adjacent to the Nelson Mining Resource DMG permit area. In the event agreements cannot be reached with owners of the permanent man-made structures, a geotechnical slope stability analysis will be provided demonstrating safe setbacks as approved by the Division of Minerals and Geology. Signed: Dan Hunt • Title: i�lant,- �e �rj;r State of Colortado County of MOMS The foregoing instrument was acknowledged before me this-7+ day of\td by, lean Aurrt as —Resident of A ,ltspec;,,ie;eS6A.,r,� Notary Public My Commission expires: J O - 11-G 1 44.0004, 010 elfamminin bpla WPM Wnri Weiland. Inc. Environmental & Engineering August 10, 2005 Environmental Support for; • Transportation • Land Development Terry Enright Kerr McGee • Mining 1999 Broadway, Suite 3600 • Industry Denver, CO 80202 Re: Proposed Nelson Mining Resource -Asphalt Specialties Co., Inc. (ASCI)- Section 31 T3N, R67W Dear Mr. Enright, The Colorado Division of Minerals and Geology requires notification to owners of permanent man made structures within the affected land and within 200 feet of the affected land. The pit excavation in this case defines the affected land. The pit area is the actual limit of excavation. Pit reclamation will leave a reservoir that will occupy the pit boundary. By correspondence and county records, KM owns and operates two oil wells within the referenced legal description and has the right to install one more. The mine plan proposes to temporarily set back 75 ft from Kerr-McGee (KM) wells and permanently set back 150 ft from KM wells. Additionally, ASCI will set back a minimum of 30 ft from oil and gas flow lines. A mine plan map has been included for your reference. We are seeking an agreement between KM and ASCI that will protect our ability to extract sand and gravel as well as protect your ability to extract oil and gas and access your wells for service. This agreement should also include language that will hold ASCI responsible for any damages that may occur to your structures due to the mining operation. Sincerely, ice\j.\. (k.hkAv.e.4-4 Peter Wayland President 525 3rd Ave. Suite 211. Longmont, CO 80501 ph 303-532-0951 fax 303-532-0953 Will Weiland. Inc Environmental & Engineering Environmental Support for. August 11, 2005 • Transportation • Land Development Harold Nelson • Mining President • industry Last Chance Ditch Company 11955 Weld Co. Rd 15 Longmont, CO 80504 Re: Asphalt Specialties Co., Inc. (ASCI) Nelson Mining Resource - Ditch Agreement for Mining Use by Special Review Dear Mr. Nelson, As you are aware, Asphalt Specialties proposes to mine sand and gravel on your property. We are seeking an agreement between ASCI and the Last Chance Ditch Company that will protect ASCI's ability to mine sand and gravel as well as protect the water rights associated with the ditch. We request that the Ditch Company review the enclosed mine plan during their next meeting and make suggestions for what conditions they might want in such an agreement. Sincerely, RAA-VGAWA Peter Wayland President 525 3`° Avenue. Suite 211, Longmont. CO 80501 ph 303-532-0951 fax 303-532-0953 Hello