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Home My WebLink About931106.tiff .3;1`3" n „2„..10,,,,, us r�v£`59. e i1'"a97 r'₹,k v"ry ; *`*a' _ i' r ! '4 i .5S5e � 8Y A A -y�'N�I gy,� t i�4 d 1'3t�''J'i,4 r'` I 3E e�' ▪ K 2 3ta e a e :le • 'a € �' • . as t_ .' s p¢w4-w t s^ lies 1 H y ?a ® , 7 g 6 la E �9ag €�? it - 3r 'g . S.S 1/'�q2 I Per t sc g3 Lq Ee3 z 3` if x -. a 'a!y§SC 3 -la 9 8 84 `pDr �a a ..R6g4{ E@ 5i6e a !! 11J II #ta apa a yx32e 6.a T� p 5 s@gilt Yi `u p 6 p €€"6 S {{{ryfff{ V54....5. .Cy Y _. - s$gi i a 6 £5a1II i a 6Y- ge--P "a6 9' a 4zt e!dr: ; f §i • .1}999p •91t G.. a 1g5� if. ae q'Zit 31 x 133 tk kf Qda : •F4 ?' , • PS.. $®F 5x3 SS .n. K- r . x - _ gs31 4 E x z. p Oren :..41#.#:-.-,t Vi ,�- j336a 1111& - s BYfixii d{FSI uc• ,�. Cr _ O A 6ka 33" . iv ;EapsRt'- Cd!R w =s'635 :Tit H:1! tLa�oaap akt2 -; �1 a• r ' r r\ a - - a gib _x.• 6 e u �„ as a w s m w ae- . 'e g u°'i ai=�€ �� 3 3af S tit s - F a-+t sat .. -tt ' f _ 3 R Er; t •u _ PJ •H e ?FZaY 3i?:x it¢ pss -'. to 22 m s 33 6e-n 4T (O O Sri& -. 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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 GENEPWJ AGPTC:UrrIRF . Pursuant to C.R.S. 34-32-116(7)(j) the Board is required to confer with the local Board of County Commissioners before approving of the post-mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within twenty (20) days of the date of last publication of notice pursuant to C.R.S. 34-32-112(10) . 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 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. 1307F-8 PLt P. b& o�L 931106 e4 rrui -hl/ /c3 t, c • I "- L. , RE Ar, CPERAIiON ( 112 ) RECLAMATION PERMIT APPLICATION FORM CHECK ONE: New Application (Rule 2) Amendment Application (Rule 1 .8) x Conversion Application (Rule 1 . 10) The application for a Regular Operation Reclamation Permit contains three major parts : ( 1 ) the application form; (2) Exhibits A-S; and, (3) the application fee . When you submit your application, be sure to include one (1 ) signed original and four (4) signed copies of the application form, five (5) copies of Exhibits A-S, and a check for the application fee described under Section (14) on Page 3. To expedite processing, please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, all information described below. 1 . Applicant/operator name : ART'S FERTTT,TZFR co. TNC 1 . 1 Type of organization (corporation , partnership, etc . ) : OWRPORATION 2 . Cperat`on name (pit, mine or site -a-le) : ART'S FERTILIZER CO. INC. 2 . 1 I . R.S. Tax ID No. or Social S.ecority No. : 84-0775691 3. Permitted Acres : • 38.372 ACRTS Per.- teed acres Please indicate acreage to the nearest tenth ( 10th) acre . 3 . 1 pplication fee (see Section ' 4) : $1 ,500.00 ; i cat `cn fee 4. Substance( s) to be mined (e .g . , gravel /gold/borrow) : TiTrxa—� _ 5. Name of owner of surface of affected land: ARTHUR H. SUPPI 6. Name of owner of subsurface rights of affected land: ARTHUR H. SUPPI If 2 or more owners , refer to Exhibit P. 7. Type of mining operation: X Surface _ Underground 8. Location Information: the center of the area where the majority of mining will occur lies in: COUNTY: WELD PRINCIPAL MERIDIAN (check one) : g 6th (Colorado) _ 10th (New Mexico) Ute TOWNSHIP (write number and check direction) : T 1 ,� North _ South RANGE (write number and check direction) : R FA _ East g West SECTION (write number): S 1 QUARTER SECTION (check one) : _ NE — NW _ SE x SW QUARTER/QUARTER SECTION (check one) : _ NE _ NW x SE _ SW GENERAL DESCRIPTION: (miles and direction 4.8 MILES EAST OF FORT TATP' T from nearest town and approximate elevation) -2- 9. Correspondence Information: APPLICANT/OPERATOR (name, address , and phone of name to be used on permit) Individual 's Name: ARTHUR H. SUPPI Company Name: ART'S FERTILIZER CO. INC. Street: 3900 EAST 56TH AVENUE City: COMMERCE CITY State: COLORADO Zip Code : 80022 Area Code : 303 Telephone : 297-0119 -PERMITTING CONTACT (if different from applicant/operator above) Individual ' s Name: Company Name: Street: City : - State : _ Zip Code : Area Code : Telephone: INSPECTION CONTACT Individual ' s Name: ARTHUR H. SUPPI Company Name : ART'S r'ERTILIZER CO. INC. —Street: 3900 EAT 56TH AVENUE -- City: cOMMERC CITY State : COLORADO lip Code: 80022 Area Code: Telephone: CC: STATE OR FEDERAL LANDOWNER (if any) Agency: _ N(WE Street: City: State: Zip Code : Area Code: Telephone: CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Now, Street: City: State: Zip Code: Area Code : Telephone: -3- 10. Primary future _ Cropiand(CR) _ Pastureland(PL) x General Agricultu-e(GA) (Post-mining) _ Rangeland(RL) _ Forestry(FR) _ Wildlife Habitat(WL) land use Residential (RS) Recreation(RC) Industrial /Comnerciai (IC) (check one) : _ Developed Water Resources(WR) Solid Waste Dispcsal (WD) 11 . Primary present _ Cropland(CR) Pastureland(PL) X General Agriculture(GA) land use _ Rangeland(RL) _ Forestry(FR) _ Wildlife Habitat(WL) (check one) : _ Residential (RSY Recreation(RC) _ Industrial /Commercial (IC) Developed Water Resources(WR) 12 . Method of Mining: _ Quarry (QR) _ Solution (SO) 12a . Other: Briefly explain mining method (e.g. Placer, truck/shovel ) . _ -RUBBER TIRED LOADER AND DUMP TRUCKS 13 . On Site Processing: _ Solution (SO) _ Chemical (CH) _ Thermal (TH) Heap Leach (HL) _ Vat Leach (VL) ' 4 .. Application Pee : The application fee for Quarrj mining is $2 , 325. • The application fee for Solution mining or any Chemical or Thermal Processir: is $3, 100. If none of these methods or p-_cesses are to be included in the operation the- the application fee is $1 ,875 . The application fee for conve lion to a 112 permit is $1 ,500. 112 Amendment application fee is $1 ,550. -An applicant will not be issued a reclamation permit until notified by the Division that this application and the required performance and financial warranties have been approved. Alternatively, an automatic approval will occur where the Division fails to notify the applicant/operator that the application has been denied. The final agency action must be made within 120 calendar days from the date the application was submitted. However, the performance and financial warranties must be approved by the Division or Board before a permit will be issued even if you receive an automatic approval . NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT IS ISSUED (Rule 7 .2(2)) . It shall be 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. -4- -Notice Requirements Immediately after the first publication of your notice in a newspaper of general _circulation to the locality of your -proposed mining operation, you must mail a copy of the notice to all owners of record of surface rights to the affected land -and all owners tf record of lands that are within 200 feet of the boundary of the affected land. Notice requirements are specified in Rule 2.2. A copy of a form which includes all required information for the notice has been attached for your use. You will need to provide the Division proof of notice prior to the decision date, which may be by submitting return receipts of a certified mailing or by proof of personal service (Rule 2.2.2(6)) . NOTE TO COMMENTORS/OBJECTDRS: It is likely there will be additions, changes , and -deletions to this document prior to final decision by the Mined Land Reclamation Board or Division. Therefore, if you have any comments or concerns, you should contact the applicant or the Division prior to the decision date so that you will know what changes may have been made to the application document. The Division 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 Division' s review and -decision or hearing proces-s , you should contact the Division at (303) 866-3567 . As an authorized representative of the applicant, I hereby certify that the operation described herein teas met the minimum requirements of the following terms -and conditions : 1 . This mining operation will not adversely affect the stability of any significant, valuable and permanent man-made structure(s) located within two hundred (200) fee of the affected lands . However, where there is an agreement that damage to the structure is be be compensated for by the applicant/operator (C.R.S. 34-32-115(4)(d)) , then mining may occur within 200 feet. Proof of an agreement must be submitted to the Division prior to the decision date. 2. No mining operation will be located on lands where such operations are prohibited by law (C.R.S. 34-32-11-5(4)(f)) ; 3. 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 Mined Land Reclamation Act (C.R.S. 34-32-120) -as determined through a Board finding. -5- 4. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class I misdemeanor pursuant to Section 18-8-503. C.R.S. Signed and dated this - day of i • Applicant/Operator If Corporation Attest (Seal ) By: By: Title: Corporate Secretary or Equivalent Town/City/County Clerk State of ) ss. County of ) The foregoing instrument was acknowledged before me this _ day of _ by as of • Notary Public My Commission -Expires: (94/92) 2823T S 1 Al L L COLORADO MINED LAND-RECLAMATION DIVISION 40 Coco. Department of Natural Resources fi g 1313 Sherman St,Room 215 • (Ry • Denver,CO 80203 -303 866-3567 �. _ .' " .. .. 1 ./a7s FAX: 303 832-8106 • Roy Romer Governor Michael B.Long, Division Director REGULAR (112) OPERATION RECLAMATION PERMIT APPLICATION PACKAGE Applicability This applit-ation package is fora mining operation which affects 10 acres or more or axtracts 70,000 tons or more of mineral , overburden or combination of the two per -calendar year. If you plan to 'conduct a mining operation which meets these criteria, please follow the instructions provided in this paikage and Rula 2 of the Mineral Rules and Regulations . Filing Requirements The Mineral Rules and Regulations (the Mined Land Reclamation Act, 34-32-1_1 , et seq. , L.R.S. , and 2 CCR 4-07-1 ) of the Colorado Mined Land Reclamation Board (the "Board") regulate the permitting, operational and reclamation requirements for all -non-coal mining operations in Colorado. it is your obligation to comply with the Act and Regulations. You are encouraged to obtain and review a copy of the Rules , available for $5.00 from the Colorado Mined Land Reclamation Division (the "Division") . In order to submit your application properly, it is recommended that you review the Act and: Rule 1 Defi-nitions and -General Provisions; Rule 2 Permitting Requirements for Regular Operations ; Rule 6 Reclamation Performance Standards; Ttule 7 Requirements for Performance and Financial Responsibility; and, Rule 8.2. 1 Operating without -a Permit - Penalty. To apply for a reclamation permit for a Regular Operation, one (1 ) signed original and four (4) signed copies (C.R.S. 34-32-112(1 )(a)) of the Regular Operation (112) Application Form, five -'(5)- copies of Exhibits A-S and an application fee must be submitted to the Division. Technical review of the application and exhibits will not begin until all required information is submitted. This package contains the required application form and directions for preparing' Exhibits A-S. -2- Prior to submitting the application to the Division for filing, you should send a notice on a form approved by the Board, to the local board of county commissioners and, if the mining operation is within the boundaries of a soil conservation district, to the boarc of supervisors of the soil conservation district. You must include proof of such mailings with the application at the time the application is submitted to the Division for filing (Rule 2.2.2(1 )) . A copy of these "Notice of Filing -Application" forms have been attached for your use. Upon filing the application place for public review a copy ofthe application , less confidential items , with the clerk and recorder of the county or counties in -which the affected land is located. Any changes or additions made to an application following submittal must be filed with the _county clerk and recorder. You must also provide the Division with an affidavit or receipt demonstrating that the change was filed with the county clerk and recorder no later than the close of business on the day the change was filed with the Division (Rule 1 .5) . The copy of the application and any changes or additions plated at the office of the county clerk and recorder shall not be recorded , but shall be retained there for at least sixty (60) days after a decision on the application by the Division and be available for inspection during this period. At t^e end of this period , the application may be reclaimed by the applicant or destroyed (Rule 2 .2.2(2) ) . Prior to Division consideration of the application, you must submit proof of publicatic- r and proof of all required notices . Proof of notice may be by submitting return receipT= of a certified mailing or by proof of personal service (Rule 2. 1 .2(18) and ( 19) ) . Application Review Procedures When the Division receives the application form, Exhibits A-5 and the application fee , the Division will seta date for consideration of the application. Ttiis date will be within 90 days of the-date of submittal . The date set for consideration may be extended , pursuant to Rule 1 .5, if you change or make additions to the application (Rule 2.3. 1 (1 )(a)) . The Division may schedule an informal conference on the application. You may also request an informal conference. Please consult Rule 2 .3.2 for the procedures on informal conferences. During the -90 may review period, the Division -will review your application to determine if it is technically adequate -and -meets the requirements of the Act and Mineral Rules and Regulations . You mill be notified if any deficiencies exist and will be asked to respond prior to the decision date. The Division mill issue its decision on or before the -date set for consideration of the application. The decision will be either to: (1 ) approve; (2) approve with conditions : (3) deny; or, (4) set the application for a hearing before the board. A condition upon approval , unless agreed to by the applicant, shall be treated -as a denial . The grounds for denial , approval -with conditions, or approval over an objection will be set forth in writing (Rule 2.3. 1 (2)) . -3— A tearing will automatically be scheduled if the Division' s decision is: (1 ) denial ; (2) -approval when objections have been received; (3) approval with conditions *hen these are _unacceptable to the applicant; or, (4) the Division chooses to set a hearing because of a decision requiring Board policy. -In the event the Division sets an application for a hearing without issuing a decision, the Division will issue a recommendation to the Board and will identify the issues raised in the adequacy review or by objections filed with the Division. The Division will mail a copy of the recommendation to all parties to the hearing (Rule 2 .3. 1 (1 )(c)) . Performance and Financial Warranties A Terformance warranty and a financial warranty, in an amount determined as a part of the application review, must be submitted to the Division prior to permit issuance . If the applicant is a unit of state or county government, then only a performance warranty is required. Several different types of financial warranties are allowed by the law. Please review Rule 7 to determine which type of financial warranty you desire to use. You may obtain the appropriate forms during the application review period . A financial -warranty should not be submitted until a decision on the application has been made. Responsibilities as a Permittee Upon approval , this application will become a legally binding document. Therefore, there are a number of important facts which you should consider , including: 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 Division may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial _warranty is forfeited; 2. The Board may suspend or revoke any permit, or assess a civil penalty, upon a finding that the operation violates the terms or conditions of the permit, the Art, the Mineral Rules and Regulations , or that information contained in the application or your permit misrepresent important material facts; 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit substantial _civil penalties to you as an operator can result; 4. Any modification to the mining and reclamation plan from those described in this application require approval by the Board or Division. 5. It is your responsibility to notify the Division of any changes in your address or phone number. -4- 6. Upon _permit issuance, you will need to post a sign at the entrance of the mine site, -which shall to clearly visible from the access road, with the following information (Rule 6.7) : a. the name of the operator; b. a statement that a reclamati-on permit for the operation has been issued by the Colorado Mined land Reclamation Board; and, • c . the permit number. 7. The toundaries of the affected area should be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries . 8. Upon permit issuance, you will be -required to submit an annual fee ($430 for 1991 ; $4-910 -for 1992 ; and $-550 for 1983) . You must also submit an annual report which includes a map -describing the acreage affected and the acreage reclaimed to date , annually on the anniversary date of the permit approval . 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. Compliance with Other Laws Compliance with the Act and Rules and Regulations of the Mined Land Reclamation Board does not in any way relieve you of the responsibility to comply with all other applicable state and federal laws (C.R.S. 34-32-115(4)(x) and 109(5) ) . We suggest you contact the following agencies to determine -whether or not you need to comply with their legal requirements : o Colorado Division of Water Resources with regard to the administration of water ri-ghts ; o Colora-do Department of Health, Water Quality Control Division, with regard to the -discharge of .pollutants into the waters of the State; o Colorado Department of Health, Air -Pollution Control Division, with regard to the need for a fugitive dust permit; o U.S. Bureau of Land Management or the U.S. Forest Servire for proposed operations on federal lands ; and, o U.S. Army Corps of $Rngirteers regarding a dredge and fill (404) permit. o The County Planning Department for the county or counties in which the proposed _operation is located. (C.R.S. 34-32-109(6)) requires a mining operator to be responsible for assuring that the mining operation and the post-mining land use comply with local land use -regulations and any master plan for extraction adopted pursuant to Section 34-1-304.) -5- ° The Colorado Historical Society regarding properties of historical significance including the need for an archeological survey, procedures for requesting a file search, and inventory forms to identify structures. Completion of Miring Upon completion of any phase of reclamation, you shoulid consult Rule b and Rule 7.7 for details on how to request a reclamation responsibility release from the Board. It is your responsibility, as an operator, to continue to pay your annual fee to the Division until the Board releases you from your total reclamation responsibility. (04/92) 2823F RE;JLAR OPERATION ( 112) RICLA"'.ATION PERMIT APPL:S-ATION FORM CHECK ONE: _ New Application ('Rule 2) _ Amendment Application (Rule 1 .8) x Conversion Application (Rule 1 . 10) The application for a -Regular operation Retlamation -Permit contains three major parts : (1 ) the -application form; (2) Exhibits A-S; and, (3) the application fee. When you submit your application, be sure to include one (1) signed original and four (4) sigrred copies of the application form, five (5) copies of Exhibits A—S, and a check for the application fee descrited under Section (14) on Page 3. To expedite processing, plea-se provide the information in the format ant order described in this form. GENERAL CPIRATION INFORMATION Type Dr print Clearly, in the space provided, all information described telow. 1 . Applicant/operator name : ART'S ₹'PRTTTJZER CO TUC 1 . 1 Type of organization (ccrpora:'Dn , partnership , etc . ) : CORPORATION 2 . Operation name (tit, mine Dr si-te -ame) : ART'c E RTI Tvzv m IN( 2 . 1 I . R. S. Tax It No. or Social Se2Jrity No. : 84-0775691 3. Permitted Acres : 38.372 ACRES Permitted -acres Please indicate acreage to the nearest tenth ( 10th) acre . 3 . 1 Application fee (see Section ' 4) : ,51 ,500.00 Application fee 4. Substance( s) to be mined (e .g . , gravel /gold/borrow) : STEW—SAND 5. Name of owner of surface of -affected 1-and : ARTHUR H. SUPPI 6. Name -of -owner of subsurface rights of -affected land: ARTHUR H. SUPPI If 2 or more owners , refer to Exhibit P. 7 . Type of mining operation: x Surface Underground 8. Location Information: the center of the area -where the majority of mining will occur lies in: COUNTY: WELD PRINCTRAL MERIDIAN (check -one) : g 6th (Colorado) _ 10th (New Mexico) Ute TOWNSHIP (write number and check direction) : T 1 g North _ South RANGE (write number and check direction) : R AA _ East West SECTION (write number) : S 1 QUARTER SECTION (check one) : _ NE _ NW _ SE iL SW QUARTER/QUARTER SECTION (check one) : _ NE _ NW _ SE _ SW GENERAL DESCRIPTION: (miles and direction 4.8 MILES FAST OF -FORT ZUPIC*1 from rrear-est town amd approximate elevation) -2- 9. Correspondence Information: APPLICANT/OPERATOR (name, address , and phone of name to be used on permit) Individual ' s Name: ARTHUR -H. SUPPI Company Name: ART'S r'ERTILIZER CO. INC. Street: 3900 EAST 56TH AVENUE City: COMMERCE CITY State: COLORADO Zip Code: 80022 Area Code : 303 Telephone: 297-0119 PERMITTING CONTACT (if differe"t from applicant/operator above) Individual ' s Name: Company Name: Street: City: State : Zip Code : Area Code: Telephone : INSPECTION CONTACT Individual ' s Name : ARTHUR H. SUPPI Co''zany Name : ART'S FERTILIZER CO. INC. Street: 3900 EAST 56TH AVENUE City: COMMERCE CITY State: COLORADO Zip Code: 80022 Area Code : Telephone : CC: STATE OR FEDERAL LANDOWNER (if any) Agency: NnNE Street: City: _ State : Zip Code: Area Code: Telephone: CC: STATE DR FEDERAL LANDOWNER (if any) Agency: NONE Street: City: State: Zip Code: Area Code : Telephone: -3- 10. Primary future _ Cropland(CR) __ Pasturel-amd(PL) x General Agric ? tu~e(GA) (Post-mining) __ Rangeland(RL) __ Forestry(FR) __ Wildlife Habitat(_) land use ' Residential (RS) Recreation(RC) Industrial /CG-.e-ciai (IC) (check one) : __ Developed Water Resources(WR) __ Solid Waste Disposal (WD) 11 . Primary present _ Cropland(CR) __ Pastureland(PL) x General Agriculture:GA) land use __ Rangeland(RL) __ Forestry(FR) __ Wildlife Habitat(WL) (check one) : __ Residential (RS) _ Recreation(RC) Industrial /Co_rercial ( IC) Developed Water Resources(WR) ._ 12 . Method of Mining: _ Qua-ry (QR) __ Solution CSO) 12a. Other: Briefly explain mining method (e .g. Placer, truck/shovel ) . RUBBER TIRED WADER AND DUMP TRUCKS 13 . On Site Processing: __ Solution (SO) __ Chemical (CH) __ `-e--a' 7H) Heap Leach 'HL) Vat Leach (VL) ' 4. Application Fee : The application fee for Quarr1 mining is $2 ,325. The application fee for Solution mining or any Chemical or Thermal Process ' -, is $3, 100. If none of these methods or processes are to be included in the opera- ' =- -t-e- t-e applicatimon fee is $1 ,875 . The application fee for conversion to a 112 permit is $1 ,500. 112 Amendment application fee is $1 ,550. Am applicant will not be issued a reclamation permit until notified by the Div~ sic- tnat this application and the required performance and financial warranties have been approved. Alternatively, an automatic approval will occur where the -Division fails to notify the applicant/operator that the application has been denied. The filial agency action must be made within 120 calendar days from the date the application was submitted. However, the performance and financial warranties must be approved by the Division or Board before a permit will be issued even if you receive an automatic approval . NO MINING OPERATLONS SHALL BEGIN UNTIL A PERMIT IS ISSUED (Rule 7 .2(2) ) . It shall be a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed i-n your application, as well as witn the provisions of the Act and the Mineral -Rules and Regulations in effect at the tine the permit is issued. -4- Notice Requirements Immediately after the first publication of your notice in a newspaper of -general circulation in the locality of your proposed -mining operation, you must mail a copy of the notice to all owners of record of surface rights to the affected land and all owners of record of lands that are within 200 feet of the boundary of the affected land. Notice requirements are specified in Rule 2.2. A copy of a form which incljides all required information for the notice has been attached for your use. You will need to provide the Division proof of notice prior to the decision pate, which may be by submitting return receipts of a certified mailing or by proof of personal service (Rule 2.2.2(1)) . NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions , changes , and deletions to this document {prior to final decision by the Mined Land Reclamation Board or Division. Therefore, if you have any comments or concerns , you should contact the applicant or the Division prior to the decision date so that you -will know what changes may -have been made to the application document. The Division 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 Division' s review and decision or hearing process , you should contact the Division at (303) 866-3567. As an authorized representative of the applicant, I hereby certify that the operation described herein has met the minimum requirements of the following terms and conditions : 1 . This mining operation will not -adversely affect the stability of any significant, valuable and permanent man-made structure(s) located within two hundred (200) fee of the affected lands. - However, where there is an agreement that damage to the structure is be be compensated for by the applicant/operator (C.R.5. 34-32-115(4)(d)) , then mining may occur within 200 feet. Proof of an agreement must be submitted to the Division prior to the decision bate. 2. No mining operati-on will be located on lands where such operations are prohibited by law (C.R.S. 34-32-115(4)(f)) ; 3. 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 Mined Land Reclamation Act (C.R.5. 34-32-120) as determined through a Board finding. -5- 4. 1 _understand that statements in the application are teing made under #penalty of perjury and that false statements made herein are punishable as a tlas.s 1 misdemeanor pursuant to Section 18-8-503, C.A.S. Signed and dated this -day of . (-> Applicant/Operator If Corporation Attest (Seal ) By: By: Title: Corporate Secretary or Equivalent TownfCity/County Clerk State of ) ss . County of The foregoing instrument was acknowledged before m me this _ day of by as of Notary Public My Commission Expires: (04/92) 1823F MAPS AND EXHIBITS Five (5) complete 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. Each exhibit 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 bound documents are used as appendices , please reference these by name in the exhibit. With each of the five (5) signed application forms , you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 2 : EXHIBIT A - Legal Description EXHIBIT B - Index Map EXHIBIT C - Pre-Mining and Mining Plan Map(s) of Affected Lands EXHIBIT D - Mining Plan -EXHIBIT E - Reclamation Plan EXHIBIT - Reclamation Plan Map EXHIBIT S - Water Information EXHIBIT H - Wildlife :nformation EXH:B:T : - Soils Information EXHIBIT 5 - Vegetation Information EXHIBIT K - Climate Information EXHIBIT L - Reclamation Costs EXHIBIT M - (DELETED) EXHIBIT N - Other Permits and Licenses EXHIBIT 0 - Source of Legal Right-To-Enter [See C.R . S. 34-32-112(2) (d) ] EXHIBIT P - Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined [See C.R.S. 34-32-112(2) (b) & (c) ] EXHIBIT Q - Municipalities Within Two Miles EXHIBIT R - Proof of Mailing of Notices to County Commissioners and Soil Conservation District EXHIBIT S - Proof of Filing with County Clerk and Recorder The instructions for preparing Exhibits A-S are specified under Rule 2 . 1 .2( 1 ) through ( 18) of the Mineral Rules and Regulations . If you have any questions on preparing the Exhibits or content of the information required, or would like to schedule a pre-application meeting , please contact the Division at (303) 866-3567. (04/92) 2823F EXHIBIT A -LEGAL DESCRIPTION -The Southeast Quarter of the Southwest Quarter ( SE 1/4 SW 1/4 ) of Section 1 , Township 1 North, Range 66 West of the 6th P . M. , County of Weld , State of Colorado. (The above description represents the land owned by the applicant . That portion of it to be affected by the operations is set forth on the map attached to the Application and marked Exhibit C . ) EXHIBIT B Re : Index Map ATTACHED co co k — 9 2 e I ff b °� 1 = 13Z b�"3 y!!S LI jsd�� =.. �a4 l _ -_._— s .o Y o g: a14 - W \ �3j FTi :m- m 2, W _Mall 2, Ic m, us3ss - `- at i.Ia al ca 47 s LL > Nip �r.,3 N 'T�0.` 11Y - „t lac J3 _ N ��jj'.' _ i __I 2. ._t t — a M 2 y S w a __ __ s a i Y > w L l e. A Lw p a • 8w Sw ��6 " � _ ` �bb� 2 - f if.p R S K tti N. z - u 7-t., 7 9 . =a c_ a91SOY1 _ ac .n _a w 21, -^ w F _N a 3 IH I' "a"lei n33u5 3a I�„ �i a 3 r i0 ) �i 'J ; K I , dIIXT V� r 4 a ba b I 1 3 1 in �.�. ;�� v _y�f-U Ti!0S �@ t=_ 4 "✓ R I AYH °aur °wt° oi% d wUd N ao -"T �� ° W Y� ' '•' W. 3 oct. v.) p -1K I ?11tlAA 1' w�4E . 43V/IR, ° hen- It E 3R g d ; ' o tC � HizniI orsw. I - s rvNOG I 35H131 I cr _ 9 .curl '- K y ''��5b z_,�r.. q ear3 s u .\s .3� j6 �u. /r 11 JKI 1.1— �G\JJ! :is e �W 4 q 2 zit.q 3 q�5 II,IIYY — ;JJ/ Tr So ar H;c)F ki..1-aN 3r07 2Y = ,$)., a1,1 F : 9I,tLY zr ot�.1 - ' r _._:.__ w Z4 V. 1g a i . a , a y�w � 0 - i_,d ry I :I: tv w 7 EL:F iti� i �-°i o JF�a a2 o8 I._ � V I o N � �� u3uj - Tore z� to 3 i___ i-. z Ti-_ r arx3 area annlu m3 awe vas ma e- --{ � m¥9 saran _-itptt_4H4J� so �2d o . LL e - mj 31 z _ d m g s d _ EeLfT or za Y�sx �-a ig! Li a le a a r 1 N3/i/-& 311V7G HLr1OS EXHIBIT C Re : Pre-mining and mining plan map AT TAC-HED *NO2-E: Map too large to copy — available to view in Clerk to Board's Office EXHIBIT D Re: Mining Plan Methods to be employed: removal of surface soil (blow-sand) by front-end loader Equipment to be utilized: front-end loader -and dump truck Phases of Operation: The operation involves the leveling of 38.372 Acres. Due to the type of surface soil involved (i.e. , the sandy make-up of the soil) it is possible to remove the material year around. Accordingly the operations occur during the :tenths of January through r comber of each year. Stages: During the year 1993-1994 approximately 2500 loads of sand should be removed. During the year 1994-1995 it is estimated that the same amount of material will be removed. EXHIBIT E Re : Reclamation Plan Followin-g the final stage of sand removal the affected land will look like the surrounding terrain . Rye will be planted on it on an annual basis as is dque presently an the other portions of the land in question . The applicant is considering the construction of a home on the site after the land is leveled although at this time no blue-prints have been prepared or permits obtained III 11., C �� r, J I �i ..r.r, t!� f a y:.. M O `/ 4 i �1 ' +� a ll Co 4 � \ � ', w o -4 U 1-i of 0 • ,� c: 1a roo I-3 Ei • rn i4 ro (1.) t) " $.' # N U hN O W 1 • ,.,5h .� N ti 4) Ft # in # O .N O O O t;1 aJ ,e \ ai ii 7 aEl 1 /f 7LZi A,* ,, O vT e00 s 0 0 o k o . °) e� o i 'a Q 4 o '' to °,lk w y o *k 3 ‘l1 ►- h v+to ti IN vO o. m 14, 0 Ink 1 i 00 Gir,• + __ va' l�jrn0� 7.PM c0 ''CF/ EXHIBIT F - 1 RE: Photos of land --- 3 pages _„ y r' t [ 4a y tr v✓rs" f m: s x P "e y * j , M x .k �J ' ,a •rrf �IMM 7E ‘ r ,r 4 4 fin..•PHOTO # 1 LOOKING NORTH -T w a , '',, �. M• a a .! 'v'Yar�iFle'+ v t } w z a x � � E �.. . N a,";-.. •�" ! C A tt''',9 4 3 ' '/`,432 ' ++.� `4Y�'F 4 k Y rt y P s. .. <._. t PHOTO # 2 LOOKING NORTH Fes= v ' .a„ • • PHOTO # 3 LOOKING EAST : ".&14.444, .� �9 . .47 x t PHOTO # 4 LOOKING NORTH !• k� �` - € X44 i f . • tit.x • PHOTO # 5 LOOKING WEST Ma T PHOTO # 5 S,OOKING SOUTH EXHIBIT G Re: Water Resources Water Resources: None EXHIBIT H Re: Wildlife Wildlife: Wild rabbits, grouse and moles EXHIBIT I Re: Soils Soils: "blow-sand" EXHIBIT J Re: Vegetation Vegetation: Rye planted annually by neighboring farmer EXHIBIT K Re: Climate Climate: Csasonal, typical of the area EXHIBIT L Re : Reclamation Costs The Reclamation of the affected land will involve the planting of rye on the surface as is presently being done on the other portion of that land owned by the Suppi family. This service is presently being done by a neighboring farmer , Mr . Joseph Amato, without charge or assessment to the land owners except for the understanding that Mr . Amato can harvest and retain the crop without additional consideration from the Suppi family. As soon as the operation is completed by the applicant , the land will then be in a posture to be planted and harvested by Mr . Amato under the same arrangement described above . At such time in the future that the Suppi family elect to proceed with the construction of a home on the land , such activity will be undertaken following the obtaining of all necessary permits from the applicable County and State agencies . EXHIBIT N Re: OTHER PERMITS AND LICENCES PERMIT M-80-205 STILL IN EFFECT EXHIBIT 0 Re: Sourse of Legal Right to Enter Attachments: A. Copy of Installment Land Contract-- Vacant Land Recorded: March 29, 1972 B. Warranty deed to Arthur H. Suppi, Alta M. Suppi and David L. Suppi, from the Purchasers under the afor- said Installment Land Contract assigning to the Purchasers' interest in the Contract. C. Addendum to the Land Contract Recorded: November 10, 1976 D. Defendent Alta M. Suppi removed by Court Order as owner of Record, Dissolution of Marriage s• Y 6 1 C } 1 7q •• _ .• 22 sifs �� _34 �,IAR 29 nr .:i •o •.o �...r•s•+_.--'-5955 "__.-.,,,,vora t„r«.. VPs ty Ne� . I ..I,,.,..•....a • gun` a-/ ' INT aHD GONT1U•CT'W�� INSTI.tt(lor•P•Tana eel Iw.n.wl # .,abed au.u ' \\I- \ la TNIg coNTa+cr r+•• \...M1.•Iw duylue, CI C Pea W jest ream,with rate-.r ertmaldrst .Y1 JreM1.�••Yr �,WftldsytTNi- Y1••d Mr - .I• • •. Y-In IL�rJn�(112 — r•1111 Y MIAe G s 1.•„da,,.w r S.w..t a13�9.94.--Maine's.w.�1.•.t•r••1.'wept W wt.•.e - - N ....kanitir4 eel is tearer b tlo 'r,,,w it rte.W.......Y\.Ir..N.I...lath.N le wed Sawn w rd a••e•r•e'•^faa,ern.u r N t4 t+11..I.. .yes lit pntep sit.. 1p 1-Ilortnl A'Ol•J�,u,wo•t of - sr.r caw_.'wart sr-t. STl t of••• the M P.C Sellers diver to fural•n�bonadet7 survey., ..- Wlv mr...r•MI....... Y Y.•••r•t tM.•ti W tnrn•.a•.0 Soros.InW11.1YrMWw.. \.e ' ou•.S•4.►� �•so r OMt t.Lt. 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TO l••••••••••PO TT'^0•.h^au•.•1st P•••••1.P•.t^•..1u.•4 tl^•R 1.—T n . P^n.•.gtw wP In •....yW gP•.•MIMRa•t•^I•^•^S 7 ...•.w,.•..w..na.•R.a.151 wr^•.w.•t•••••emit , .T•n n trvina ire....n.•..•mw a...,.•M•.^^q!^ POT...TWIT rm.tin,1.••'•••w N/.•q MA+•PM a^/.P.,.•q••4 et Pr' tilt waist,M 1'•tWd►e..•IA 11deT^•�'•1 s^•bse.P^•^ . .• imp...q^•.m 1•.gIAW b i.tae T n'a •.oM..r b^p•p,u•P w^w P•• qMN a ., •., to 1 �l { Z O 0 Recorded n. _. !. o'clock 103369 MARY ?NN FEULn ibIP1 -.. . . . r. . a 2-, c9� Reception No. - - - Made this 13th day of October ,1976 . `- Tins Dien, State Documentary Fee between BRUCE EDWARD SCHNEIDER aka BRUCE E. SCHNEIDER NOV 1 Q ��- -- and GEORGIANNA L. SCHNEIDER, as -Husband mnd Wife, Dale-_ 0 _-----• of the County of and-state of $ q•,•,_ + Colorado,of the first part,and ARTHUR II. SUPPI and ALTA M. SUPPI and DAVID L. SUPPI, -as Joint Tenants, County of and state of s of the ($21,859.58 I Colorado,of the second part, for and in consideration of the sum of DOhLAiiS, WITNESSETH, That the said part ies of the first part, - - - Twenty one thousand eight hundred fiftythe said ae nd 58/ of the second part, the receipt whereof I r to the said parties of the first part in-hand paid bysold conveyed and and by y ha ve remised, released, QUIT of CLAIMED,theiecoannd Part, is hereby confessed and acknowledged, said these presents do remise, release, sell, convey and QUIT CLht, AIM interest, part demand which the said .) [licit of heirs,successors prtand assigns,forever,all following and ertand State of Colorado,to wit: ies the first. part ha ve in and to the following described lot or pnrccl of land situate, lying being in the County of Weld �I r The Southeast Quarter of the Soutew66tWestrofrthe 6th4PSM. ,W /4) of I % Section 1, Township 1 North, Rang County of Weld, State of Colors o. c S\ LC TEDDY R. McIRVIN and DARLENE CAROL McIRVIN, as Sellers (For Reference: See Installment Land Contract dated 3/17/72 between and BRUCE E. SCHNEIDER and VIRGINIA A. SCHNEIDER, as Purchasers, recorded 3/29/72 in Book 665 at Reception No. 1586585 a single and Quit Claim Deed from VIRGINIA A. SCHNEIDER, person, to BRUCE E. SCHNEIDER aka BRUCE EDWARD SCHNEIDER, 1 bearing even date hereof.) , to t TO HAVE. AND TO HOLD the same, together with all and all the estate, right,lar the title,p interest and claim whatsoever, opurtenances and privileges f the belonging or in anywise thereunto appertaining, use, benefit and behoof of the said said part ies of the first part, either in law or equity, to the only proper part ies of the second part, their heirs and assigns forever. hereunto settheir hand s IN WITNESS WHEREOF, The said parties of the first part have . and seal s the day and year first above written. ntie - •_ i_ . ruce Edw�];d Sch L] ' er Husband L/ ,_.._. SEAL] Signed,Sealed and Delivered in the Presence of - er, Hu5•band %? a%Bruce E. ec ......__ [SEAL] __ _. Geianna L. Sclneider, Wi _ fe I ..__._. __ .._[SEAL] STATE OF COLORADO,. SS. County of Arapahoe I The foregoing intntment ��as acknol^-Hedged before me this 13th day of October, 1976` `,h}'~ "B.ruce Edward Schneider aka Bruce E. Schneider and Georgianna L. .Sc€De'ider,'•45, Husband and Wife. Expires March 1, , 19 SO .Witness my hand and official seal. • 7 • 1 1 u a LAG A ' �-• / Notary Public.9.T•• C"t r -S1 _ `non nrllny In n'yr^nntnlhn nr nff Mlnl cn mclty nr+" �__ _.. __ _. 1 n t n r r n ,s; If by pn if hY of/Irratnf obey If 1 . f..Cu ,1 D"`non ,r t r n h ...rotor, nit„n:el In Lml of mere cnpncitY or ,len,-rtptlon:nU by IL I=itu, li�f ors, th.i Innert n of n of Ver or nn ,m tea '"Idrnt or other officers of such corporation.Ackn uq dv n In"rr1 nnn,r ,f n r Hom�r J or uttlstitt { A nkno,eicdD�'mcnq tiec. 11A-4-1 Colorndo]levlxra Sultutes 19G.4. ° 93L QUIT CLAIM DEED. .�_ ' 1 illy !�e— /6 y�" teeorded of �L�_y.—n�—_.__. ��...Ivl... .�— Rec. No. l.7O3.t2OMorY Ann Feuerstcin, Recorder /- ) ADDENDUM TO _LAND CONTRACT OF March 17 , 1972 Recorded March 29, 1972 in Book 663, Reception No. 1-586585, Weld Co. , Colo. Sellers hereby state their consent to the use of the subject property by assignees or their assigns for the purposes set forth herein; 1. The removal of ground from the elevated or raised • O areas of the property in such an amount as the assignees J [b an desire but it to event in -such an amount that would result .) in -more than the leveling of the-se elevated or raised areas • o 4- in relation to the surrounding portions of the property. • ra 2 . The removal of surface soil from the remaining areas of the property of up to, but not exceeding, fourteen ca. o ( 14) inches of surface soil from the remaining areas of the property. O o 3 . At the discretion and election of assignees , the coverage of some or all the property with mulch or other like -material periodically to enrich the surface for the additional future removal of it , and the repetition of the cycle from such time to time , as the assignees desire. ''Teddy Tr. Mclrvin 4(k22lLn, C"1MC //t'r •1^.^e pl) Darlene Carol McIrvin Ar �d hur H. Suppi 0:14/1-14/1 • Alta M. Suppi David Suppi► v " IUeietc "r-.•..,t. lit,. e, ___ _ • DISTRICT COURT. __ ARAPAHOE _ _ . COUNTS _ _— AURORA _ __ . COLORADO CASE NO. _ 85DK818 __ Dis CiRm ___8 _ DECREE OF E DISSOLUTION OF MARRIAGE L LEGAL SEPARATION In rtitre Marriage _ A )fandkT 13 ILK H..�L'PP.1.. . . rk.LTA-21.— 1F P Z .---- - --- - -- — _ a Petitioner a Respondent 0 Co-petitioner This matter was reviewed by the court on _Harch 24,_ Apr i1-_2_,--Nay 5 _as.d May_ ±, 1987 Petitioner R R_sci ndent Co-petitioner B Appeared in Person X Appeared in person r Signed the non-appearance affidasit3Ma.represented by _La ngdoilJ Jorgensen I2 Was represented by ledgtiS$ £p-s_t&n.. _. 0 Set->ed the non-appearance affidaxit i IT_ nix:o. appear 1 he court has examined the record. at heard the ex'Jerrie and statements of Lac _pattif_. Aiitacessts and. counsel. - read the afftdaxit of _ anil makes the following findings-. I, I. Jai The court has jurisdiction over both parties based upon-. _ The pal ties filing jointly on __ _ Mac,--cr signed on - - -.._ _- ESersiceon Respondent _______- ___ m A '- a" Count v , Colorado 5/3u1• E The court has jurisdiction over in-state property by quasi in r_:— lx.blication The court has onix subject manor jurisdiction by publication hs zon,c-hdated notice. or certified mail. '_. The Petitioner as domiciled in Colorah- fa- rines days before this case was bled 3. At least ninels doss Moe passed since set ire or completion of p._-....a.-.r 4 The mar riage hen.een the parties is r per nes ahls broken . . The separation agreement be•t seen the paint.. whi:h is attached a. Eshiho '_ which has been read into the tetord and s.ill he filed h. tr:c(ur:c-on or betoir - . _.- -. . _ which is described on the reserse of this decree has been con.idcied hs the court and is found not to he uncurl,-. ..af-,s to s:ipporl maintenance. and dis ision pi opens h :al hi!sole!t has entered permanent nidet- shish shall he tiled Ix:. s L1tane0LS11' with this _Decree _' The court finds it is in the heo intnrsi of thi. patties that a dc_i re. k rnieted oxen though there is no permanent order on this date. - 7 0 The prosrsions regarding custody and sisitation are in the tires: nterest of the children and the named custodian is fit and proper to halo•custody 8. E The name change request is not detrimental to the interest of at..} per n The Court therefore OR DL RS. a 1 he marriage is drools ed and a Decree of Dissolution of AIai ri-4e N entered A Decree of Legal Separation is entered The parties are ads nee tee: e::nor may. ,rs phi months from this date. app's for enin of a decree of Dissolution of Marriage. which w ill he F-snxd _p_.r.prex)t of not nee to the other party. Each party shall perform the applicable pros isions of the separa:rvc. agreement. permanent orders. or non-appearance aflid:n it. O The custody of the minor children. .. is granted to O The _ is granted a restoeaason of name io —. ----- '� THE COL•R f THER ORDERS: i F1.ed-- k---te2 �� o. 2027 JUR1_ ��it/' ,- i / SI ;iiinifrn302 -//c Recdarmendedb): I Q.:.� Care Marla or. I II T DISTRICT COURT, COUNTY OF ARAPAHOE , STATE OF COLORADO Case No . 85DR818 , Division 8 PERMANENT ORDERS In re the Marriage of : ALTA M. SUPPI , Petitioner , and ARTHUR H. SUPPI , Respondent . THIS CAUSE having come on to be heard on March 24 , April 2 , May 5 and May 6 , 1987 , the Court having heard the testimony of the parties and their respective witnesses and the statements of counsel , and being fully advised in the premises , DOTH FIND AND ORDER : 1 . This Court has jurisdiction over the par- ties and subject matter of this action . 1 . The parties have resided within the State of Colorado for at least ninety days prior to the commence- ment of this action , and this action has been pending in excess of ninety days . 3 . The marriage of the parties is irretriev- ably broken , and the Decree of Dissolution of Marriage is hereby granted . 4 . The Decree and Permanent Orders shall be _entered nunc pro tunc to May 6 , 1987 . , 5. This has been a 39-year marriage , and all five of the children born of this marriage are now eman- cipated . 5. That the family home located at 5085 Lake Place, Littleton, Colorado, has a value of $220,000; that said home shall -be the sole and separate property of the Petitioner. 7 . That the Yank Street rental property has a net value of $78, 860; that said property and encumbrance against • it shall be the sole and separate property of the Petitioner. 8. That the Fort Lupton property of some 40 -acres has a net value of $16, 500; that said property and the encumbrance against it shall be the sole and separate property of the -Respondent. -9 . That the furniture and household goods in the family home have a value of $5, 885; that s-aid property shall be the sole and separate property of the Petitioner. 10. That the Petitioner and her attorney shall review the Respondent' s itemized request for certain personal property from the family home and advise Respondent of the property she shall -provide . If the -Respondent does not determine the division to be appropriate, the -Court will entertain further motions for division of that personal property requested by Respondent. With that exception, all other personal property presently in the possession of each party shall be his or her sole and separate property. 11 . That the 1984 Cadillac and the 1975 Corvette are valued at $13 , 375 and $15, 000; and that said vehicles shall be the sole and separate property of the Petitioner. 12 . That the 1983 Cadillac and the Model A are valued at $7 , 550 and 111 , 000; that said vehicles shall be the sole and separate property of the Respondent. , c � als : 13 . That the 1980-V and 1981-1 Bogert plans have ' � no present value audxammst4tutexax$*ablitt xbizSI 500; that said plans shall be the sole and separate property of the _ Respondent. 14. That the parties have stocks and bonds valued at $15, 500; that said stocks and bonds shall be the sole and separate property of the Petitioner. 13 . That the business known as Art' s Fertilizer Company has a value, including the $82 , 000 note, of $400,000; that said business and note therefrom and any encumbrance against same shall be the sole and separate property of the -Respondent. —2- previously been filed shall be the Respondent' s sole and separate property. 26. That with regard to the Citation for contempt currently pending against the Respondent, the Court orders that all payments due and payable through the date of this hearing shall be paid by the Respondent to the Petitioner within forty-five days of this hearing date; that the Respondent shall , if necessary, obtain a loan in order to make those payments within that time period. DONE AND SIGNED this tr day of J (,L. , 1987 nunc pro tunc May 6, 1987 . BY THE COURT: 1DGF LEVI HONORABLE THOMAS C. LEVI DISTRICT COURT JUDGE Approved as to form: LAW OFFICES OF fEEED ICK EPSTEIN, P .C. / // y By: _/` _ Frederick E stein, No. 2027 CALKINS, KRAMER, GRIMSHAW & BARRING Y Lan J. o e n, No. 13302 / V Approved by p rtie s: ((U-iii L1/7 it /, < AL TA M. SUPPI , Petiti,bner aiOatARTHUR H. SUPPI , -5- EXHIBIT P RE: Owners of Record of Affected Land and Owners of Substance to be Mined : See attachments under Exhibit 0 E)KHIBIT Q Re : Municipalities within 2 miles . None within 2 miles . NOTICE OF FILINS -APPLICATION FOR COLORADO MINED LAND -RECLAMATION PI-RMIT FOR REGULAR (111) OPERATION NOTICE TO THE BOARD IN SUPERVISORS . OF THE LOCAL SOIL CONSERVATION DISTRICT WELD COUNTY DISTRICT ART'S FERTILIZER CO. INC.(Operator) has applied for a reclamation permit from the Colorado Mined Lent Reclamation Board ("the Board") to Conduct mining operations in wpm County. The attached information is being provided to notify you of the location and nat. re of the proposed operation. The entire application is on file with the Colo-ado Mined Land Reclamation Hvisi-on ( "the Division" ) and the local _county c'erk bnd recorder . The apTlicant p- rposes to reclaim the affectec land to GENERAL AGRICULTURE • Pursnt to L. R.S. 34-32-116(7)(j) the Board is required to confer with the local Soil Conservation Districts tefore approving of the post-mining land se . -Accordingiy, the -Board wou1t 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 nnust submit written comments cn the application within twenty (20) -days of the date of last publication of notice cursuant to C.R.S. 34-32-112( 10) . If you would like to discuss the propose-d post-mining land _use, or any other issue regarding this application, please contact the -Colorado Mined Land Reclamation Division , 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 66-3567. NOTE TO 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 att-ach a ropy of the changes . or attach -a complete and accurate destri-ption of the change. 1307'F-4 CE ETS 11-IE BELOW. YOU PWILLC NEED ITO FILL H.INETHE 'BLANKS REQUIREMENTS AN EXAMPLE WITHDATESACCORDI G TD 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. Tor all Limited Impact (110(2) ) Operations , this notice must be published once within 10 days of the date of submittal . The final date for receiving comments is 10 days after the date of publication. For all Regular (112) Operations, this notice must be published once a week for four consecutive weeks, starting within 10 days of the date of submittal . The final date for receiving comments is the 20th day after the fourth publication or the next regular business day. All notices oust be published in a newspaper of jeneral circulation in the locality of the proposed mining operation and mailed to the landowners as set forth in the rules. 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.1.S. 34-32-112 (10) , 110(7 ) (c) , 114 , and 115. PUBLIC NOTICE (Operator Name) ART'S FERTILIZER co. INC. ; (Address and Phone) _.agnn Fi\cT T6th AVENUE. C7mt. mT,URAD 97 n -8On 297-0119 297-32j5 has files an applicatiocn or a mining anti Reclamation permit with tne Lolorado Mired Land Reclamation Board under provisions of the Colorado Mined Land Reclamation Act. The proposed mine is known as the (Name of Mine) ART'S TERTILIZFR m nvr% and is located at or near Section 1 swi , ).. , Township I nnPTq Range 66 WEST , firm p M Prime Meridian. The proposed date of commencement is ,TAW1ARy 1st , and the proposed date of completion is UNKNowN , The proposed future use of the land is (Future Landuse) AGRICULTURE OR BUILDING SITE. -Additional information and tentative decision Date may The ootainea from the Mined Land Reclamation Division, 1313 Sherman Street, Room 215, Denver, Colorado 80201 (303) 866-3567, -or (County Name) wpr.n Clerk & Recorder; (Clerk & Recorder's Address) 1402 NORTH 17thAVFNTT, aarVT.Fl, CO 80631 or the above-named applicant. Written comments Trust be received by the 9Mined Land Reclamation Board by 5:-00 p.m. on 2833F (01 /91 ) 12-11 L U1- l_ ULUKAUU MINED LAND RECLAMATION DIVISION 1 r, e °4o - tT.en o' Na r_ Reterce� rT 'r`'9 "3 Sherman St Room 215 ". Denver. CC. 85203 • ?E3 866 3567 /856 : y 303 832.8106 Ro1 Role• Time no' M.cnae'e Long. n..•.a- D.actor PERFORMANCE :AARRANTY • • 'The' ato . _ARLB_ FERTTT.TZFR_COr Th era t 'on : Al2T�S F'F'RTTT TZFR .(Ta e m1 t No: `BEN B=' -'ESE =RESENTS _ ^A r, EREAS , the Cc _rraoo Hied _37c Rec amat' on Act . CRS as anence-c . __-=2 et sea . (the Act") , as. amended , prc' iiaes that no permit may be ' ssuec under the Act until the Mined Land Reclamation Board (the "Board" ) ece' :es a per fornance warranty (or warranties) that is a written aromise to p1';, with all a-oplicable re;uirem.ents -of the Act . l5"EREAS , ART'S FFRTTT.TZF,R Cl7_ INC __ the "Qr-e-ator . has -:p1 ' e0 for a ae'Tis to conduct a mining o:erat' or K.nowr as _ART $ FERTTT,T ,ER co insc, ( the peration( ) on cert ain :arils in ,m.-TD -L0Lnty . Colo ado. These lands are described in the permit application , as a-,ended and suppiennented , and are referred to herein as the "Affected Lanes" WHEREAS, in its application for the permit , the Operator has agreed tt to bound by all requirements of the -Act and all applicable rules an-d regu' ations of the Board , as amended from time to -time . kHEREAS , the Board has determined , in accordance with the Act , that the -estimated Costs of reclamation with regard to those affected lands in Win County which are now or may become subject to the ipermit are those amounts for the stated periods of time a-s set forth in the financial warranty, which may be amended from time to time to r-eflect revised es-ti-mates of said costs of r-eclamation . WHEREAS , the Operator hereby gi es the Board a performance warranty pursuant to Section 34-32-117(2 ) of the Act, and her-ein promises the Board that it will comply with all applicable requirements of the Act with r-egard to those Affected Lands . -2- NOW, THEREFORE, the Operator hereby promises the Board that it will comply with all applicable requirements of the Act and rules and regulations of the Board with respect to the Affected Lands . TLRTHER, the Operator hereby promises the Board that it will comply with all of the terms of the application for a permit, as amended and supplemented, as well as any conditions attached to the permit by the Board . Further, the.Operator promises the Board , pursuant to 24-32-112( 1 )(d) of the Act, that it has the lawful authority to enter upon the Affected Lands to conduct mining operations , including , but not limited to, reclamation. The Operator further recognizes the right of the Board to enter to reclaim lands affected by the operation. The description of lands herein is for convenience of reference only, and no error in such description, nor any revision of the permitted mining area, nor the disturbance by the Warrantor of lands outside of the permitted mining area shall alter or diminish the Operator' s obligation Thereunder, which shall extend to the reclamation of all such lands disturbed. The obligation of the Operator hereunder is such that , if the Operator shall successfully comply with the requirements of the Act, applicable rules and regulations , and the permit , then the Board , upon a finding that the Operator has so complied, shall release this performance warranty, and the Operator from its obligation hereunder , to the extent that the 1Soard determines that such compliance has been accomplished . The obligation of the Operator hereunder shall continue until released in whole or in part by the Board in accordance with applicable law. In further satisfaction of the requirements of the Act , the Operator has attached hereto its financial warranty, which may be amended from time to time. The Operator agrees that it will maintain a financial warranty (or warranties) for the estimated costs of reclamation in good standing for the entire life of the permit. If the Board determines that the Operator is in default under this performance warranty and has failed to Lure such default, although written notice of such default and ample time to cure such default have been given, the Operator' s financial warranty shall to subject to forfeiture . Thi3 performance warranty may be executed iii multiple Copies , each of which shall be treated as an original , but together they constitute only one agreement, the validity and interpretation of which shall be governed by the laws of the State of Colorado. -3- The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors and assigns . SIGNED, SEALED AND I ATED, this day of (SEAL) . Operator By: Title: NOTARIZATION OF -OPERATOR'S AEKNOWLEDGMENT STATE OF ) ) ss . COUNTY OF The foregoing instrument was acknowl-edged before me this day • of , by as of NOTARY PUBLIC My Commission expir-es: APPROVID: State of Colorado Minet land Reclamation Division Mined Land Reclamation Board By: Date Division Director (03/1.2) 6427f STATE OF COLORADO DIVISION OF MINERALS-AND GEOLOGY np coo\ Department of Natural Resources ��\I 1313 Sherman St., Room 215 Denver,CO 80203 V . ®+�+1g76•, Phone:(303)866-3567 --- FAX:(303)832-8106 Roy Romer Governor Michael B.Long Division Director Notice of 11002) to 112 Teeclamation Permit Conversion Application Consideration DATE: January 21 , 1993 • TO: Weld County Board of Commissioners 91S 10th Street Gree,ly CO 80532 FROM: _Carl B. Mount, Senior Reclamation Specialist RE: -Art' s Fertilizer Co. Int. , Arts Fertilizer Co. Pit, Permit No. M-80-205 Please to advised that Art' s Fertilizer Co. Inc. , whose address and tel-ephone number are 3900 E. s6th Avenue, Commerce City, CO 80022, 0303) 297=0119, has filed an application to convert the Arts f-ertilzer Co. Pit. , Permit No. M-80-205 from a 11_0(2) Limited Impact permit to a 112 Regular Reclamation Permit. The pit is located at or near Section 1 , Township 1N, Range 66W, 6th Prfne Meridian in Weld County. The application decision is scheduled for April 21 , 1993. Copies of the application -are available for review at the Weld County Clerk 1 Recorder' s office and at the office of the Division of Minerals and Geology, Room 215, 1313 Sherman Street, Denver, Colorado -80203. All comments or objections must be submitted in writing and received by the Division no later than 20 days after the date of last publication in order to be considered in the application review process. CBM/BDC/ern 1534G Hello