HomeMy WebLinkAbout911195.tiff APPLICATION AND REPORT
FOR
REGULAR (112) OPERATION - DRY PIT
PETERS PIT N0. 3 (AMENDMENT)
Weld County, Colorado
Mined Land Reclamation Division
PERMIT APPLICATION
Submitted by: Weld County Department of Engineering
933 N. 11th Avenue
P.O. Box 758
Greeley, CO 80631-0758
Phone - 303-356-4000, Ext. 4750
Attn: Donald Carroll, Administrative Manager
SEPTEMBER, 1991
/ 911195
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• REGULAR OPERATION (112)
RECLAMATION PERMIT
APPLICATION FORM
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 five (5) 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: weld County
1 . 1 Type of organization (corporation, partnership, etc. ) : Government
2. Operation name (pit, mine or site name) : Peters Pit No. 3 (Amendment)
2. 1 I.R.S. Tax ID No. or Social Security No. : 98-03551
3. Permitted Acres : 86.3 Permitted acres
Please indicate acreage to the nearest tenth (10th) acre. Amendment 12.2 Ac.
(87-186) l
3. 1 Application fee (see Section 14) : ,550.00 Application fee
4. Substance(s) to be mined (e.g. , gravelhpadxif aua0 : Gravel
5. Name of owner of surface of affected land: John Peters
6. Name of owner of subsurface rights of affected land: John Peters
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) : x 6th (Colorado) 10th (New Mexico) Ute
TOWNSHIP (write number and check direction) : T 12 x North South
RANGE (write number and check direction) : R 63 East x West
SECTION (write number) : S 27 --
QUARTER SECTION (check one) : x NE x NW X SE x SW
QUARTER/QUARTER SECTION (check one) : (in all 4 qtr NE NW SE SW
GENERAL DESCRIPTION: __ — —
(miles and direction Six miles west of Grover, Colorado
from nearest town and
approximate elevation) Elevation - 5440 WCR 136.5 at WCR 69
911.195
•
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9. Correspondence Information:
APPLICANT/OPERATOR (name , address , and phone of name to be used on permit)
Individual ' s Name : Kenneth Schraeder - Supervisor
Company Name: Weld County Mining Division
Street: P.O. Box 758
City: Greeley
State: Colorado Zip Code: 80631
Area Code: 303 Telephone: 356-4000, Ext. .4750
PERMITTING CONTACT (if different from applicant/operator above)
Individual ' s Name: Donald Carroll - Administrative Manager
Company Name: Weld County Engineering Department
Street: P.O. Box 758
City: Greeley
State: Colorado Zip Code: 80631
Area Code: 303 Telephone: 356-4000, Ext. 4750
INSPECTION CONTACT
Individual ' s Name: Kenneth Schraeder
Company Name:
Street:
City:
State: Zip Code:
Area Code: Telephone:
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State: Zip Code :
Area Code: Telephone:
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State: Zip Code :
Area Code: Telephone:
q .. *.7; 95
-3-
10. Primary future Cropland(CR) _ Pastureland(PL) _ General Agriculture(GA)
(Post-mining) x Rangeland(RL) _ Forestry(FR) _ Wildlife Habitat(WL)
land use Residential (RS) Recreation(RC) Industrial/Commercial (IC)
(check one) : _ Developed Water Resources(WR) _ Solid Waste Disposal (WD)
11 . Primary present Cropland(CR) _ Pastureland(PL) _ General Agriculture(GA)
land use x Rangeland(RL) _ Forestry(FR) Wildlife Habitat(WL)
(check one) : Residential (RS) 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 ) .
13. On Site Processing: Solution (50) Chemical (CH) _ Thermal (TH)
_ Heap Leach (HL) _ Vat Leach (VL)
14. Application Fee:
The application fee for quarry mining is $2,325.
The application fee for solution mining or any chemical or thermal processing
is $3,100.
If none of these methods or processes are to be included in the operation then the
application fee is $1 ,875.
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.
21,1-4195
-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 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/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.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. 34-32-115(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.S. 34-32-120) as determined through a Board finding.
2411195
-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 1
misdemeanor pursuant to Section 18-8-503,, C.R.S.
Signed and dated this 9 1 day of et.A,6th- �J91
Weld County Board of Commissioners /Lai ?
Applicant/Operator If Corporation Attest (Seal )
By. By: 1."2 - k
Title: Chairman Rim=
%ffi3ollet7ty/County Clerk to Boar(
State of (I..D/ZADO )
� 11
) ss .
County of tief--b )
The foregoing instrument was acknowledged before me this � day of O,4ZS“ , ,/fl/
by �rAea,t) �`l as (1/44024(4,441 of joQPil GIB C. att aasisaczc
Notary Publi
My Commission Expires January 10,1995
My Commission Expires:
(08/91 ) 2823F
•
•
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MAPS AND EXHIBITS
Five (5) complete application packages must be submitted. One complete application
package consists 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 F - Reclamation Plan Map
EXHIBIT G - Water Information
EXHIBIT H — Wildlife Information
EXHIBIT I - Soils Information
EXHIBIT J - Vegetation Information
EXHIBIT K - Climate Information
EXHIBIT L - Reclamation Costs
EXHIBIT M - (DELETED)
EXHIBIT N — Other Permits and Licenses
EXHIBIT 0 - Source of Legal Right-To-Enter [See C.R.S. 34-32-112(2)(d) 1
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.
(08/91 ) 2823F
Table of Contents
Paee
General Overview 1
Application Forms:
Colorado Mined Land Reclamation 2
Weld County Use by Special Review
Exhibit A - Legal Description
B - Index Map
C - Pre-Mining and Mining Plan Map(s)
of Affected Lands
D - Mining Plan
E - Reclamation Plan
F - Reclamation Plan Map
G - Water Information
H - Wildlife Information
I - Soil Information
J - Vegetation Information
K - Climate
L - Reclamation Costs
N - Other Permits and Licenses
O - Source of Legal Right to Enter
P - Owner of Record of Affected Land (Surface Area) and Owners of
Substance to be Mined
Q - Municipalities Within Two Miles
R - Proof of Mailing of Notices to County Commissioners and Soil
Conservation District
S - Proof of Filing with Weld County Clerk and Recorder
21.1 41,51,3
General Overview
Peters Pit No. 3 is located next to the existing Peters Pit No. 1 (M-86-001)
and No. 2 (87-186) , which is located in the extreme northern part of Weld
County.
Weld County will make use of this additional gravel area to obtain sand and
gravel for use in the immediate quadrant of county roads to eliminate long
hauling distances.
This procedure establishes an intermittent use of the pit. Weld County has
signed into Agreement with John Peters for a 10-year lease; the same lease as
the existing pits.
The mining plan is to haul material to County roadways in the vicinity when the
need arises. Operating equipment will consist of a dozer, loader, trucks,
scrapers, and a portable crusher.
Existing topsoil will be removed from the area to be mined and placed on the
previously exposed and finished pit area. Weld County has calculated that a
maximum of 1-2 feet of topsoil and overburden exists. All excess topsoil will
be stockpiled for the final reclamation process. The mining and processing
will then take place. As each block of mining is completed, the pit edges will
be finished to a 4:1 slope.
The operation will be completely "dry pit" as there is no surface or ground
water on the site. The gravel embankment and total quantity of this pit has
not been calculated. However, we estimate quantities to last the entire 10-
year lease period.
211193
EXHIBIT A
LEGAL DESCRIPTION
A parcel of land located in Section Twenty-Seven (27) , Township Twelve (12)
North, Range Sixty-Three (63) West of the Sixth Principal Meridian, County of
Weld, State of Colorado and being more particularly described as follows:
Commencing at the Southwest corner of said Section 27 and considering the south
line of Section 27 to bear north 89 58'56" West with all bearings contained
herein relative thereto.
Thence North 57 35'35" East 3314.61 feet to the Northwest corner of USR-817 as
recorded in the Weld County records, said point being the True Point of
Beginning.
Thence North 28 04'38" West, 2913.41 feet;
Thence North 78 20'04" East, 1282.89 feet;
Thence South 26 54'33" East, 1666.46 feet;
Thence South 39 20'24" East, 1463.47 feet; to the Northeast corner of USR-817,
Thence along the North line of USR-817, South 82 17'35" West, 1581.37 feet to
the True Point of Beginning.
Said parcel of land contains 86.31 acres, more or less, and is subject to any
rights-of-way or other easements as granted or reserved by instruments of
record or as now existing on said described parcel of land.
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EXHIBIT C
Pre-Mining and Mining Plan Map(s) of Affected Lands
Fitt"9:
EXHIBIT D
Peters Pit No. 3 is located in north central Weld County. Presently, there are
two gravel pit sites south and east (Peters Pit No. 1 and No. 2) of the
proposed site.
The topsoil and overburden will be excavated and stockpiled for reclamation
purposes. The removal of topsoil will be accomplished with scrapers.
Weld County has calculated that a maximum of 1-2 feet of topsoil and overburden
exists. The gravel from this location is suitable for crushing and therefore,
one of the better sources of material in this central area.
Operation of the pit will be intermittent. Weld County, as budgeted or as a
specific need arises, will move equipment to the site. The material will be
processed and hauled to the job site. Operating equipment will consist of
dozers, scrapers, loaders, trucks, and a portable crusher.
Weld County plans to continue the mining as it has done previously, moving into
the northern face of the site, across its east to west width. Existing topsoil
will be removed from the area to be mined and placed on the previously exposed
and finished pit area. The mining and processing will then take place.
As each block of mining is completed, the pit edges will be finished to a 4:1
slope. The operation will be completely dry as there is no surface or ground
water on the site.
C41 4 y
EXHIBIT E
Reclamation Plan - The reclamation plan is to return the site to its natural
condition; open rangeland. A mixture of grasses suitable to the area has been
recommended by the Soil Conservation Service. As noted in the soil
descriptions, this area is poorly suited to windbreaks and environmental
plantings. Weld County will initiate the reclamation procedure as part of the
mining phase.
The topsoil will be stripped from the area to be disturbed and stockpiled. At
the end of each mining phase where the operation has to be completed, the banks
will be shaped to a slope to exceed 4:1, and the available topsoil removed.
As the reclaimed area is the same as the mined area, the topsoil depth replaced
will be equivalent to the existing ground topsoil depth. The sloped banks will
be left in a rough condition to minimize wind erosion and runoff.
Upon completion of the pit or the end of the lease, Weld County will complete
the recommended seeding and revegetation of the site in accordance with the
Soil Conservation Service recommendations.
EXHIBIT F
Reclamation Plan Map
21.1.1.q5
EXHIBIT G
Water Information
The nearest defined drainage is Porter Creek, located approximately 1200' west
of the site and about fifty (50) feet lower in elevation.
It is our opinion, neither the surface nor ground water systems will be
directly affected by this mining operation, and that no discharge permits will
be required.
A water tank truck will be assigned to the project when it is in operation.
Water will be obtained by permission from stock water, ponds, springs in the
area, or hauled from the County shop in Greeley. No major amount of water will
be used. Water or chemicals will be used for dust control on site and on the
adjacent haul road.
EXHIBIT H
Wildlife Information
Mined Land Wildlife Questionnaire
MINED LAND WILDLIFE WESTIoNAIRE
for limited impact and select regular mine applications
1. Name of Company/Mine: Weld County - Mining Division
2- Name/Address/Phone of Contact Person: Kenneth Schraeder
P.O. Box 758 Greeley, CO 80631 356-4000, Ext. 4750
3• Location of Mine: Weld - T12N R63W Section 27 All uarters
(County, Township, Range, Section to nearest quarter quarter; Exhibit A-MLR appl.)
4. Nearest Town/General Location: Hereford, Colorado Northwest Weld County, CO
5. Land Ownership (Circle)(::)Private Private 2. BLM 3. USFS 4. Other
6. Present Land Use: Ran eland
7. Proposed Final Land Use: Rangeland
8. Type of Operation: 1. Surface 2. Unals.xwrxiaDdx
9. Minerals being mined: Gravel
10. Number and Description of Surface Acres Disturbed by Mining/not including roads
(Exhibit D-MLR) : 86.3
11. Miles of roads to be constructed: Using road through existing Pits No. 1 and 2.
12. Life of Mine (years) : 10
•
13. Description of Operation and Reclamation -- Additional sheets may be attached
(Exhibits B 5 E-MLR)
14. Please enclose Maps of Project Operation, Disturbance Areas and Reclamation (Exhibit
C.) This will expedite processing. Your cooperation is appreciated.e
t� l 1 ry J•�15, Prepared b * ' `
` y: Donald Carroll Administrative Manager Date: 9/4/91
MINED LAND WILDLIFE STATEMENT/EVALUATION ,(Revised)
for limited impact and select regular mine applications
The following information pertaining to wildlife is provided for use by Mined Land
Reclamation Board in their consideration of a mining permit for:
Peters Pit-Gravel-Sec 27, T12N, R63W, Weld County
Name/Type and Location of Mine (Legal)
Wildlife Species list: Antelope, deer, coyote, fox, badger, weasel, skunk,
raccoon, raptors, pheasant, dove, magpie, numerous small rodents and seasonal
songbirds.
Endangered/critical species/impacted: No known threatened or endangered species.
Critical habitats/vegetative communities impacted: NA
i
Assessment of impact: Minor-The mine area is a dry terrace well above the adjoining
valley. The area is heavily grazed by livestock.
Mine Reclamation recommendations (include key species/habitats for which restoration
is designed) . Concur with reclamation plan as described in the application.
Seeding of a dry area such as this should be protected from livestcok until established.
Prepared By: Date: qh-79/
Submitted By: Date: Q,1 1 1 9®5
This statement is void if not processed within 1 year.
This analysis does not constitute approval of application.
Page 2 of 2
EXHIBIT I
Soil Information
01
WEST GREELEY SOIL CONSERVATION DISTRICT
4302 WEST 9TH STREET ROAD
GREELEY, COLORADO 80634
(303) 356-6506
September 17, 1991 RECEIVED SEP 2 0 1991
Mr. Don Carroll
Weld County Department of Engineering
933 N. 11th Avenue
P.O. Box 758
Greeley, CO 80631-0758
SUBJECT: Site Review of Peters Pit #3 (Amendment)
Dear Mr. Carroll,
I have made a site visit to the Peters gravel pit and discussed my
observations with USDA Soil Conservation Service staff. We have the
following recommendations about the proposed expansion:
As the area is very large, it would be preferable to mine in smaller units
and reclaim one area before beginning mining on another.
Before mining begins the top 8-12 inches of soil should be removed and
stockpiled for use in reclaiming the area. As the topsoil in these areas
is very thin it may be necessary to haul in suitable soil to cover the
mined areas. If the stockpile is to exist for more than one year it should
be seeded to a cover crop to reduce wind erosion and prevent weed
infestation.
During reclamation all contours should be reshaped to maintain existing
drainage patterns as much as possible. Slopes should be 4/1 or less.
After reseeding, the area should be mulched with 3000-4000 lbs/acre of weed
free native grass hay. This mulch should be crimped into place to a depth
of 3-4". Seeding and crimping should be done on the contour. These
practices will help reduce erosion while the grass is germinating.
Finally, Weld County may wish to complete a thorough site review for
cultural resources before mining begins.
Enclosed you will find a site specific seeding recommendation which
complies with USDA SCS standards and specifications for critical area
treatments. If I can be of any further assistance please contact me at
356-6506.
Sincerely,
Thre Knv-r�
Dwayne K. Newman
Resource Conservationist
Encl:CO-ECS-5
cc:SCD File G>i111.94 "
Form CO-ECS--`_3 (Computer nraf'_' - LOTUS) PRODUCER Weld County
GRASS SEEDING RATE CALC! TIONS PL+'NNi^ r;.l..{yne Newman
LATE; `•r�/17/91
FART I : SEED I N,:l PLANNED CONTRACT OR AGREEMENT #:none
Field No, : ML RA: G67_____=========================
Acres: 1 .0 Irrigated:
CIN No. : Dryland: DRAFT
Pract. No. : Range Site: **
Pr_ct. Name: Mine Reclamation seeding
Seedbed Prep. Seeding Operation:
Method- Dates! Nov. - Apr.
ArPr. Dates-- Mid-June Method- Drill- on the contour
C 1 can-t i 11 ed-*** I nter seed-
f.::irm `,:aeFrrIF:.ed-*** Broadcast-
Stubble- Drill Ty.-J _-p�. Grass
Inter_eed- Drill Spacing-- u-12"
Other- Planting depth,- 1/4-1/2"
Fertilizer: Weed Control :
Pounds ;actual per acre (avail. ) Dates:es: Late May - June
Nitrogen : N/A Mowing-
Phosphate: N/A Chemical- ***
Potassium: N/A Type ::and Amount-
Mulch :
Kind- Weed Free Native Grasµ• Hay
Amount- 3000-4000 ( l bs/a c)
1~•Iow Applied- N/A
Now Anchored-Crimped on contour
Anchor depth-3"-4"
(7)
SEEDING PLANNED: (:3) (4) ('t.5 ) (6) TOTAL PL5
( 1 ) ( ) PL /A RF. OF PLS RATE PLANNED REQUIRED
VARIETY SPECIES li 100% MIXTURE PER ACRE ACRES FOR SEEDING
Arr i.h_a Western Whtor.. 16. 0 25 4.00 1 . 0 4.0
Hiner Sideoats Grama 9. 0 30 4.70 1 . 0 2, 7
Hach i.to Blue Grama 3. 0 10 0. VA? 1 . 0 0. 7
Cimarron Little Bluestem 7.0 25 1 . 75 1 „ `i 1 . 5
Blackwell Switchorass 4. 5 10 21. 45 10 0. 5
100 9. 20 0 9. 3
REMARKS: Above mates are for drilled seeding. If broadcast, double
amounts shown in column five (5 ) .
If seed mixture is pre-blended, calibrate drill based on required
seeding rate for the dominant species in the mix.
Planned rates are per acre.
•
•
01_1 qJr
MEMORAnDum
Wine Dave Becker, Asst. Director
Ta Road & Bridge Department October 1, 1991
Date
COLORADO From Bruce Barker, Asst. Weld County Attorney
soopor. Topsoil for Peter' s Pit #3 (Amendment)
On Monday, September 30, 1991, you informed me that a resource
conservationist for the West Greeley Soil Conservation District has
recommended that Weld County be required to haul in "suitable soil
to cover" those areas mined at the Peter' s Pit #3 (Amendment) .
Attached is a copy of a letter which was received by Weld County on
September 20, 1991, from Dwayne Newman, Resource Conservationist.
Mr. Newman is obviously well-intentioned when he suggests that Weld
County provide additional topsoil for the reclamation of this new
pit. The problem is that the site currently has very little
topsoil in its natural state. The thought comes to mind that Mr.
Newman is suggesting the upgrade of the site through the
opportunity provided by reclamation. The second problem with Mr.
Newman's recommendation is that any topsoil may need to be trucked
to the site upwards of forty to fifty miles . The economic hardship
and burden presented by his suggestion is obviously extreme and may
be prohibitive in the long run.
Frankly, I do not see any authority for the Mined Land Reclamation
Division, State of Colorado, to require additional topsoil to be
"hauled in" to a pit in the process of reclamation. Attached are
regulations from the Colorado Code of Regulations regarding
topsoiling. All of these regulations talk about "stock piling" and
replacement of the stock piled topsoil . None of the regulations
discuss the transportation of topsoil to pits in the process of
reclamation.
Please note that Section 34-32-102 (2) , C.R. S . , states that "it is
also the intent of the General Assembly that consideration be given
to the economic reasonableness of the action of the Mined Land
Reclamation Board or the Division. " The reclamation required by
the Division should not be used to reclaim the property so that it
is in a better state than its previous condition.
Our experience with the Firestein Pit, however, is evidence that
the Mined Land Reclamation Division may require topsoil to be
transported irregardless of the cond nj the propert rior to
mining.
et
9 J
Bruce T. Ba er
xc: Connie Harbert,
Commissioner Coordinator for Road & Bridge
01 A .9-16
WEST GREELEY SOIL CONSERVATION DISTRICT
4302 WEST 9TH STREET ROAD
GREELEY, COLORADO 80634
(303) 356-6506
September 17, 1991 RECEIVED SEP 2 0 1991
Mr. Don Carroll
Weld County Department of Engineering
933 N. 11th Avenue
P.O. Box 758
Greeley, CO 80631-0758
SUBJECT: Site Review of Peters Pit #3 (Amendment)
Dear Mr. Carroll,
I have made a site visit to the Peters gravel pit and discussed my
observations with USDA Soil Conservation Service staff. We have the
following recommendations about the proposed expansion:
As the area is very large, it would be preferable to mine in smaller units
and reclaim one area before beginning mining on another.
Before mining begins the top 8-12 inches of soil should be removed and
stockpiled for use in reclaiming the area. As the topsoil in these areas
is very thin it may be necessary to haul in suitable soil to cover the
mined areas. If the stockpile is to exist for more than one year it should
be seeded to a cover crop to reduce wind erosion and prevent weed
infestation.
During reclamation all contours should be reshaped to maintain existing
drainage patterns as much as possible. Slopes should be 4/1 or less.
After reseeding, the area should be mulched with 3000-4000 lbs/acre of weed
free native grass hay. This mulch should be crimped into place to a depth
of 3-4". Seeding and crimping should be done on the contour. These
practices will help reduce erosion while the grass is germinating.
Finally, Weld County may wish to complete a thorough site review for
cultural resources before mining begins.
Enclosed you will find a site specific seeding recommendation which
complies with USDA SCS standards and specifications for critical area
treatments. If I can be of any further assistance please contact me at
356-6506.
Sincerely,
_re Vn -nza-n
Dwayne K. Newman
Resource Conservationist
Encl:CO-ECS-5
cc:SCD File
�,y�.�yiq� ..3 n:
ige 4,114;
ITS RINO WEO - 13
116(7)(b) (2) Earth dams, if necessary to impound water, may be
constructed if the formation of such impoundments will not
interfere with mining operations, damage adjoining property, or
conflict with water pollution laws, or rules and regulations of
federal , state, or local governments.
For additional performance standards related to water, see
"Grading,' Section 6.1.
6.3 Wildlife
116(7)(j) (1) All aspects of the mining and reclamation plan shall
102 take into account the safety and protection of wildlife on the
mine site, at processing sites, and along all access roads to
the mine site with special attention given to critical periods
in the life cycle of those species which require special
consideration (e.g. , elk calving, migration routes, peregrine
falcon nesting, grouse strutting grounds).
(2) Habitat management and creation, if part of the
reclamation plan, shall be directed toward encouraging the
diversity of both game and non-game species, and shall provide
protection, rehabilitation or improvement of wildlife habitat.
Operators are encouraged to contact the Colorado Division of
Wildlife and/or federal agencies with wildlife responsibilities
to see if any unique opportunities are available to enhance
habitat and/or benefit wildlife which could be accomplished
within the framework of the reclamation plan and costs.
116(7)(f) 6.4 Topsoiling
(1) Where it is necessary to remove overburden in order
to mine the mineral , topsoil shall be removed and segregated
from other spoil . If such topsoil is not replaced on a backfill
area within a time short enough to avoid deterioration of the
topsoil , vegetative cover or other means shall be employed so
that the topsoil is preserved from wind and water erosion,
remains free of any contamination by other acid or toxic
material , and is in a usable condition for sustaining vegetation
when restored during reclamation.
9v�r
THE CODE OF COLORADO REGULATIONS 2 CCR 407-1
Yage/G
(2) Where practicable, woody vegetation present at the
site shall be removed from or appropriately incorporated into
the existing topsoil prior to excavation within the affected
areas. The operator should make a reasonable effort to insure
that existing vegetation is put to a beneficial use such as
firewood, mulching, lumber, etc.
116(7)(i) (3) Topsoil stockpiles shall be stored in places and
configurations to minimize erosion and located in areas where
disturbance by ongoing mining operations will be minimized.
Such stockpile areas must be included in the affected areas and
subject to all reclamation requirements. The Board may require
immediate planting of an annual and/or perennial on topsoil
stockpiles for the purpose of stabilization.
(4) Once stockpiled, the topsoil shall be rehandled as
little as possible until replacement on the regraded, disturbed
area. Relocations of topsoil stockpiles on the affected land
require Board or Division approval . Approval in most cases
would be granted by way of technical revision.
(5) The operator shall take measures necessary to assure
the stability of replaced topsoil on graded slopes such as
roughing in final grading to eliminate slippage zones that may
develop between the deposited topsoil and heavy textured spoil
surfaces.
116(7) (f) (6) If, in the discretion of the Board or Division, such
existent topsoil is of insufficient quantity or of poor quality
for sustaining vegetation, and if other materials can be shown
to be more suitable for vegetation requirements, then the
operator shall remove, segregate, and preserve in a like manner
such other materials which are best able to support vegetation.
(7) When growing media is replaced, it shall be done in
as even a manner as possible. Fertilizer or other soil
amendments shall be added, if required in the reclamation plan
or as the soil tests indicate.
•
(8) Vegetative piles shall be removed from the area or
utilized in accordance with the reclamation plan.
I
I
2 CCR 407-1 THE CODE OF COLORADO REGULATIONS
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Weld County, Colorado, Northern Part 13
4—Ascalon fine sandy loam, 0 to 6 percent slopes. 5—Ascalon fine sandy loam, 6 to 9 percent slopes.
This deep, well drained soil is on smooth to moderately This deep, well drained soil is on moderately dissected
dissected plains. It formed in calcareous loamy alluvium. to highly dissected plains. It formed in calcareous loamy
• Typically, the surface layer is dark brown fine sandy alluvium.
loam 8 inches thick. The subsoil is sandy clay loam 14 Typically, the surface layer is dark brown fine sandy
inches thick. The substratum to a depth of 60 inches or loam 6 inches thick. The subsoil is sandy clay loam 15
more is calcareous sandy loam. In some areas the inches thick. The 'substratum to a depth of 60 inches or
surface layer is loam. more is calcareous sandy loam. In some areas the
Included in this unit are small areas of Ascalon fine surface layer is loam.
sandy loam that has slopes of 6 to 9 percent, Olney fine Included in this unit are small areas of Altvan fine
sandy loam, and Otero sandy loam. Also included are sandy loam, Cascajo gravelly sandy loam, and Peetz
some areas of Rock outcrop. gravelly sandy loam. Also included are some areas of
Permeability of this Ascalon soil is moderate. Available Rock outcrop.
water capacity is high. Effective rooting depth is 60 Permeability of this Ascalon soil is moderate. Available
inches or more. Runoff is slow to medium, and the water capacity is high. Effective rooting depth is 60
hazard of water erosion is slight to moderate. The inches or more. Runoff is medium to rapid, and the
hazard of soil blowing is moderate. hazard of water erosion is high. The hazard of soil
This unit is used as nonirrigated cropland and blowing is moderate.
rangeland. Winter wheat is the main crop. This unit is used as rangeland and nonirrigated
This unit is well suited to winter wheat, barley, oats, cropland. Areas of nonirrigated cropland are poorly
and sorghum. Because precipitation is not sufficient for suited for use as rangeland and should be seeded to
annual cropping, a cropping system that includes small adapted grasses.
grain and summer fallow is most suitable. Precipitation The potential plant community on this unit is mainly
blue grams, western wheatgrass, sedges, and ,
usually is too low for crops on this unit to make efficient
-, use of fertilizer. buffalograss. The average annual production of air-dry
=,'Maintaining crop residue on or near the surface vegetation ranges from 400 to 1,300 pounds.
,,,. reduces runoff, reduces soil blowing, and helps to If the range is overgrazed, the proportion of preferred
:maintain soil tilth and organic matter content. Stubble- forage plants decreases and the proportion of less
" ` 'mulch farming, striperopping, and minimum tillage help to preferred forage plants increases. Therefore, livestock
control erosion and conserve moisture. Terraces reduce grazing should be managed that the desired balance
' runoff and the risk of erosion and help to conserve of preferred species is maintained in the plant
r moisture. community.
•
The potential plant community on this unit is mainly Range seeding is suitable if the range is in poor
blue grams, western wheatgrass, sedges, and condition. The plants selected for seeding should meet
blue gr ma, The average annual production of air-dry the seasonal requirements of livestock or wildlife, or
r' vegetation ranges from 500 to 1,500 pounds. both. Other management practices that are suitable for
on
If the range is overgrazed, the proportion of preferred use ro this unit are proper range use, deferred grazing,
forage plants decreases and the proportion of less and rotation grazing. If the plant cover is disturbed,
f' preferred forage plants increases. Therefore, livestock protection from erosion is needed. Loss of the surface
,,` layer results in a severe decrease in productivity and in
grazing should be managed so that the desired balance
of preferred species is maintained in the plant the potential of the soil to produce plants suitable for
c community. grazing.
Range seeding is suitable if the range is in poor This unit is well suited to windbreaks and
condition. The plants selected for seeding should meet environmental plantings. Supplemental irrigation may be
g needed when planting and during dry periods.
j, the seasonal requirements of livestock or wildlife, or
r both. Other management practices that are suitable for This map unit is in capability subclass te,
use on this unit are proper range use, deferred grazing, nonirrigated, and in Loamy Plains range site.
ii; and rotation grazing. If the plant cover is disturbed,
�` •
protection from erosion is needed. Loss of the surface 6—s. This map unit is complex, 3 to 15 percent
f slopes. This map unit is on alluvial and colluvial fans
layer in a severe decrease in productivity and inL. and on moderately dissected to highly dissected plains.
t potential of the soil to produce plants suitable for This unit is 50 percent Ascalon fine sandy loam and
zt grazing. 30 percent Blakeland loamy sand. The components of
x This unit is well suited to windbreaks and this unit are so intricately intermingled that it was not
environmental plantings. Supplemental irrigation may be practical to map them separately at the scale used.
+terms when planting and during dry periods. Included in this unit is about 20 percent Bushman fine
Halm, p unit is in capability
ility subclass IVe, sandy loam, Bresser sandy loam, and Wages fine sandy
gated, and in Loam Plains range site. loam.
€ .'
,�'. . _�`!
Az.t.
tc
_
36
Soil survey
Supplemental irrigation may be needed when planting on backslopes and shoulders of moderately dissected to
and during dry periods. Summer fallow, cultivation for highly dissected upland ridges and breaks. It formed in
weed control, and selection of adapted plants are calcareous gravelly alluvium. Slopes are convex. Areas
needed to insure establishment and survival of are nearly linear in shape and are 20 to 1,000 acres in
seedlings. size.
This map unit is in capability subclass IVe, Typically, 15 to 35 percent of the surface is covered
nonirrigated, and in Sandy Plains range site. with gravel and cobbles. Ty
•
pically, the upper part of the
surfacm 4
50—Paoli fine sandy loam, 6 to 9 percent slopes. nchesethickran is d he lower pash brown rt is brown very gravel)This deep, well drained soil is on moderately dissected loamy sand 4 inches thick. The underlying material to a
to highly dissected fans. It formed in calcareous loamy depth of 60 inches or more is calcareous very gravelly
alluvium and colluvium. Slopes are concave. sand.
Typically, the surface layer is brown fine sandy loam Included in this unit are small areas of Altvan sandy
13 inches thick. It is calcareous in the lower part. The loam on the tops of upland ridges and breaks; Rock
underlying material to a depth of 60 inches or more is outcrop on shoulders of upland ridges and breaks;
calcareous sandy loam or coarse sandy loam. Bushman fine sandy loam on backslopes and foot
Included in this unit are small areas of soils that have slopes of upland ridges and breaks; and Ascalon fine
a surface layer of loamy sand, soils that are sandy loam and Wages fine sandy loam on foot slopes
noncalcareous, soils that have restricted drainage, and of upland ridges and breaks. Included areas make up
soils that have slopes of less than 6 percent. Included about 20 percent of the total acreage.
areas make up about 15 percent of the total acreage. Permeability of this Peetz soil is rapid. Available water
Permeability of this Paoli soil is moderately rapid to a capacity is moderate. Effective rooting depth is 60
depth of 13 inches and rapid below this depth. Available inches or more. Runoff is slow, and the hazard of water
water capacity is high. Effective rooting depth is 60 erosion is high to very high. The hazard of soil blowing is
inches or more. Runoff is slow, and the hazard of water slight.
erosion is high. The hazard of soil blowing is moderate. Most areas of this unit are used as rangeland. A few
This unit is used as rangeland. areas are used as a source of gravel.
The potential plant community on this unit is mainly The potential plant community on this unit is mainly
blue grama, needleandthread, and prairie sandreed. The blue grama, little bluestem, sideoats grama, and prairie
average annual production of air-dry vegetation ranges sandreed. The average annual production of air-dry
from 700 to 1,800 pounds. vegetation ranges from 500 to 1,200 pounds.
If the range is overgrazed, the proportion of preferred If the range is overgrazed, the proportion of preferred
forage plants decreases and the proportion of less forage plants decreases and the proportion of less
preferred forage plants increases. Therefore, livestock preferred forage plants increases. Therefore, livestock
grazing should be managed so that the desired balance grazing should be managed so that the desired balance
of preferred species is maintained in the plant of preferred species is maintained in the plant
community. community.
Range seeding is suitable if the range is in poor Management practices that are suitable for use on this
condition. The plants selected for seeding should meet unit are proper range use, deferred grazing, and rotation
the seasonal requirements of livestock or wildlife, or grazing. Livestock grazing should be managed to protect
both. Other management practices that are suitable for the soil in this unit from erosion. Slope limits access by
use on this unit are proper range use, deferred grazing, livestock and results in overgrazing of the less sloping
and rotation grazing. If the plant cover is disturbed, areas. If the plant cover is disturbed, protection from
protection from erosion is needed. Loss of the surface erosion is needed. Loss of the surface layer results in a
layer results in a severe decrease in productivity and in severe decrease in productivity and in the potential of
the potential of the soil to produce plants suitable for the soil to produce plants suitable for grazing.
grazing. This unit is poorly suited to windbreaks and
This unit is well suited to windbreaks and environmental plantings. The main limitations are the
environmental plantings. It has few limitations. high content of lime and the moderate available water
Supplemental irrigation may be needed when planting capacity. Supplemental irrigation may be needed when
and during dry periods. Summer fallow, cultivation for planting and during dry periods. Summer fallow,
weed control, and selection of adapted plants are cultivation for weed control, and selection of adapted
needed to insure establishment and survival of plants are needed to insure establishment and survival
seedlings. of seedlings.
This map unit is in capability subclass Vle, This map unit is in capability subclass Vle,
nonirrigated, and in Sandy Plains range site. nonirrigated, and in Gravel Breaks range site.
51—Peetz gravelly sandy loam, 5 to 20 percent 52—Peetz-Altvan complex, 0 to 20 percent slopes.
slopes. This deep, somewhat excessively drained soil is This map unit is on upland ridges,, breaks,
��s,,,and plains.
.91...i.ati
EXHIBIT J
Vegetation Information
01444
EXHIBIT K
Climate
FORT COLLINS STE•LING\--}#1CRAIG •
• GREEI F:Y
I � DENVER
4
GRAND JUNCTION /
•
•
COLORADO SPRINGS
�r
i
�� •P-11—\—(• SPRINGFIELD
DURANGO •TRINIDAD
* State Agricultural Experiment Station
Location of Weld County, Colorado, Northern Part
i
{
2 Soil survey
climate competition for forage started to be a problem. The
homestead acts of the late 1800's and early 1900's
Prepared by the National Climatic Center, Asheville, North Carolina. brought in more and more farmers, and by 1913 about
The survey area generally is warm in summer and has 35 percent of the area had been converted to cropland.
freqent hot days. In winter, periods of very cold weather The drought and depression of the 1930's caused a
occur as a result of Arctic air moving in from the north or decline in the number of small cultivated farms. Farmers
northeast; however, milder periods occur when westerly could no longer make a living from small holdings
• winds are warmed as they move downslope. Most managed for intensive cash crops. Many farmers left the
precipitation falls as rain during the warmer part of the area. The Bankhead-Jones Farm Tenant Act, passed in
year and normally is heaviest late in spring and early in 1937, was a repurchase law designed to aid the
summer. Winter snowstorms are frequent, but snow resettlement of farmers, to convert submarginal cropland
cover commonly disappears during milder periods. back to grassland, to help stabilize the economy, and to
In winter, the average temperature is 29 degrees F assist those who chose to stay.
and the average daily minimum temperature is 14 The Soil Conservation Service administered the
degrees. The lowest temperature on record, which purchase units as land utilization projects from 1938 to
occurred at Greeley on February 1, 1951, is -39 degrees. 1954. The land was then transferred to the Forest
In summer, the average temperature is 70 degrees and Service. Studies of the land were made, and in 1960 the
the average daily maximum temperature is 87 degrees. areas of rangeland suitable for permanent retention were
The highest recorded temperature, which occurred at Ft. designated as national grasslands. The grasslands
Lupton on June 23, 1954, is 108 degrees. became a part of the national forest system. In 1961 the
The total annual precipitation is 12 inches. Of this, 9 grassland in the survey area was designated Pawnee
inches, or 75 percent, usually falls in April through National Grassland.
September, which includes the growing season for most Presently, about 10,000 cattle graze the public land of
crops. In 2 years out of 10, the rainfall in April through the Pawnee National Grassland, which facilitates the
September is less than 6.5 inches. The heaviest 1-day total management and enhances the economy of the
rainfall during the period of record was 3.2 inches at
Greeley on June 8, 1974. Thunderstorms occur on about area. The objective of management of national
41 days each year, and most occur in summer. grasslands is to develop and execute conservation and
The average seasonal snowfall is 40 inches. The utilization programs for all renewable resources in
greatest snow depth at any one time during the period of national grassland areas; this, to the extent feasible,
promotes the integration of the federally administered record was 30 inches. On an average of 18 days, at
least 1 inch of snow is on the ground. The number of land with the associated private and other public lands
such days varies greatly from year to year. into natural management units, which favors the
The average relative humidity in midafternoon is about development of sound land conservation and utilization
40 percent. Humidity is higher at night, and the average practices. Cattle use the forage about 5 months out of
at dawn is about 69 percent. The sun shines 71 percent the year.
of the time possible in summer and 70 percent in winter. The federal land is open to hunting that is subject to
The prevailing wind is from the south. Average state laws and regulations. Wildlife in this grassland area
windspeed is highest, 10.4 miles per hour, in April. includes antelope, a few deer, some coyotes, and
In some years during winter, a blizzard with high winds rabbits. A few prairie dog towns are scattered throughout
and drifting snow occurs in the survey area and snow the area.
remains on the ground for many weeks. In some years One of the main recreational uses of the area is bird
during summer, hailstorms cause severe damage to watching. The grassland supports large numbers of birds
crops in the area. of many species, especially during migrations. The area
is known internationally as an excellent study area for -
Pawnee National Grassland birds of prey, and it has good breeding populations of
e unique high plains species such as mountain plover,
y Steward J.Adams,district ranger, Forest Service. burrowing owl, McCowan's longspur, and chestnut-
The Pawnee National Grassland (see map at the back collared longspur. Hikers also use areas of the
of this publication) is one of 19 national grasslands in grassland, although there are no special hiking trails.
the western United States. Most of the Pawnee National Crow Valley Park is one-fourth mile north of the town
Grassland is flat to rolling prairie grassland intermingled of Briggsdale. The park is located among shade trees
with privately owned farmland and grassland. along Crow Creek. Picnic and camping areas are in the
The national grasslands were started as part of an park. The campground is closed in winter.
economic program. The land originally was settled by Additional information on the Pawnee National
stockmen whose ranches covered vast areas of the Grassland can be obtained from the local office of the
plains. During the late 1800's, overgrazing and Forest Service.
.9111.9.S
EXHIBIT L
Reclamation Cost
Due to the type of proposed reclamation, the site conditions and final land
use, the costs of reclamation are expected to be minimal. Good management and
control during the mining operation by the Mining Supervisor will minimize the
expense to Weld County (the owner and operator) .
Reclamation costs are estimated to be as follows:
Site Preparation $4,315.00
Fertilization, Seed $ 470.00
Mulch $ 60.00
Total $4,845.00
The attached letter guarantees reclamation at the site by Weld County.
ell 4'�,`e
SATE OF COLORADO
MINED LAND RECLAMATION DIVISION
Department of Natural Resources ,��_ �
1313 Sherman St..Room 215 �Tlo
Denver,CO 80203 'II 8
303 866-3567 '\\C\�"s ”.*
FAX: 303 832-8106 rays `
Roy Romer.
Governor
• Fred R.Banta.
Division Director
PERFORMANCE WARRANTY
Operator: Weld County
Operation: Peters Pit No. 3
Permit No:
KNOW ALL MEN BY THESE PRESENTS, THAT:
WHEREAS, the Colorado Mined Land Reclamation Act, CRS as amended,
34-32-101 et seq. (the "Act" ) , as amended, provides that no permit may be
issued under IFF Act until the Mined Land Reclamation Board (the "Board" )
receives a performance warranty (or warranties) that is a written promise to
comply with all applicable requirements of the Act.
WHEREAS, Weld County (the "Operator" ) , has
applied for a permit to conauct a mining operation known as
Peters Pit No. 3 (the "Operation" ) on certain lands in Weld
Lounty, Loloraao. These lands are described in the permit application, as
amended and supplemented, and are referred to herein as the "Affected Lands".
WHEREAS, in its application for the permit, the Operator has agreed
to be bound by all requirements of the Act and all applicable rules and
regulations of the Board, as amended from time to time.
WHEREAS, the Board has determined, in accordance with the Act, that
the estimated costs of reclamation with regard to those affected lands
in Weld County which are now or may become subject to the permit
are those amounts ror the stated periods of time as set forth in the financial
warranty, which may be amended from time to time to reflect revised estimates
of said costs of reclamation.
WHEREAS, the Operator hereby gives the Board a performance warranty
pursuant to Section 34-32-117(2) of the Act, and herein promises the Board
that it will comply with all applicable requirements of the Act with regard to
those Affected Lands.
a q`�
-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.
FURTHER, 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 pranises the Board, pursuant to 34-32-112(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 hereunder, 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 Board 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 cure such default, although written
notice of such default and ample time to cure such default have been given,
the Operator's financial warranty shall be subject to forfeiture.
This performance warranty may be executed in 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.
011 4.C:i
-3-
The provisions hereof shall bind and inure to the benefit of the
parties hereto and their successors and assigns .
SIGNED, EALED AND DATED, this 9t—A day of b e t0t, , �•
Ch .r r o u Co missi Hers Weld Counter Board of Commissioners (SEAL)
ATTEST: �� Operator
V,'ELD COUNTY CLE'rCCTT THE BOARD By: Gordon E. Lacy
BY: 4-1-4-/ Acc
Title: Chairman
DEPUT'i CLERK T THE
NOTARIZATION OF OPERATOR'S ACKNOWLEDGMENT
STATE OF alpeAon )
) ss .
COUNTY OF // lc-2_7) )
TheXcgoi4 instrument was acknowled ed before me this Ip day
of , ( , by �,P_,()oal F_ . �ct.
as / /�lI �� D� �F2 6061A/Mielderec
20t-
NOTARY P LICl/
ffSs—
My Commission expires:
• APPROVED:
STATE OF COLORADO
MINED LAND RECLAMATION DIVISION
MINED LAND RECLAMATION BOARD
By: Date ,
Director
6427F (01 /91 )
,01119';
EXHIBIT N
Other Permits and Licenses
C�1,�_"g 4..44.."
WELD COUNTY, COLORADO
USE BY SPECIAL REVIEW APPLICATION
for
MINING PERMIT
Weld County Department of Planning Services, 915 10th Street, Greeley,
Colorado, Phone 356-4000, Extension 4400
For Department of Planning Services Use Only Case Number:
Date Application Received: PC Hearing Date:
Section: , Township: North, Range: West.
Zoning District:
Recording Fee: Permit Fee:
Recording Fee Receipt 9: Receipt Number:
Application Reviewed By:
To be completed by APPLICANT in accordance with procedural guide
Requirements:
1. I (we) , the undersigned, hereby request a hearing before the Weld
County Planning Commission concerning a proposed Gravel - Dry Pit
(gravel, tool:puckanWnitxxxekka) mining operation for the following
described unincorporated area of Weld County:
LEGAL DESCRIPTION A parcel of land located in Section 27. Township 17 North,
Range 63 West of the 6th Principal Meridian, Weld rnnnry, rflhradn_
TOTAL ACREAGE: 86.3
2. Surface owner(s) of area of land described 307-
Name: John Peters Address: Peters 313 Ranch Phone: 496-2466
Name: Address: P.O. Box M, Carpenter bone:
WY 82054
3. Owner(s) of mineral rights to substance to be mined
Name: Same as Above Address: Phone:
Name: Address: Phone:
4. Source of applicants' legal right to enter and to mine on the land
described: See Report - Pages (attached)
(Attached certified copy of any document noted to the back of this form)
5. Address of applicant and general office
Applicants address: P.O. Box 758 Phone: 356-4000,
General Office address: Greeley, CO 80631 Phone: Ext. 4750
6. Identify any prior permits for mining held by applicant or affiliated
person: USR-817
MLRD Permit M-87-186
91. 4 `!
7. Description of Operation
a. Types and number of operating an processing equipment to be
employed: Dozer-1, Loader-1, Portable Crusher-1, Trucks 5-10,
Scrapers-2.
b. Maximum number of employees: 15 , and number of shifts: 1
c. Number of stages to be worked: 1 , and periods of time
each is to be worked: Dependent on budget and construction,
and maintenance and construction, routes, bridges are coordinated
in same County department.
d. Thickness of mineral deposit: 15 feet, and thickness of the
overburden: 1-2' .
e. This will be a mat/dry pit operation.
f. Site entrance/exit points and county roads and bridges to be
utilized between site and delivery point(s) (must be coordinated
with County Engineer) : The main haul routes entering and leaving
the mining area are Weld County Roads 136.5 and 71. The closest
bridge is approximately six miles east of the pit. This bridge will
not be used because it is an 18-ton limit bridge.
8. Description of Rehabilitation
a. Proposed rehabilitation land use(s) : Open Rangeland
b. Source of technical advice for reclamation: Soil Conservation
c. Explanation of Reclamation Process: Top soil stripped and stockpiled,
reseeding and revegetation completed as per recommendation in the
report.
I hereby depose and state under the penalties of perjury that
all statements, proposals and/or plans submitted with or contained within
this application are true and correct to the best of my knowledge.
COUNTY OP Weld
STATE OF Colorado
Si w L� uthorized Agent
Subscribed and sworn to before me this /44 day f a, rteg'e' 1911
SEAL
ARY PU I
My Commission expires My�...T°ij.�Ce�.,,:iGS January 10,1995
ATTEST: kdat
%VELDD(1,-44211
COUiJTY CLE, ` 'f0 HE BOARD.
BY: i 2c "I l'"TY CLERK TO THE BOARD �S
W/OC/hr
0141 CI i
PLANNING COMMISSION SIGN POSTING CERTIFICATE
Z HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED
BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST
10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR CASE #
THE SIGN WAS POSTED BY:
Kenneth Schraeder
NAME OF PERSON POSTING SIGN
Mining Supervisor
SIGNATURE OF APPLICANT
STATE OF COLORADO )
as.
COUNTY OF WELD )
SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF ,
19
SEAL
NOTARY PUBLIC
MY COMMISSION EXPIRES
LAST DAY TO POST SIGN IS: , 19
1.119.S
EXHIBIT 0
Source of Legal Right to Enter
21.1.11,.95 1t 95
AGREEMENT FOR USE OF SOIL AND OR GRAVEL FOR ROAD PURPOSES
THIS AGREEMENT, made this 21 day of August 19 91 by and between
John Peters, Peters 313 Ranch, Inc. and Weld County Road and Bridge
hereinafter referred to as Owner, of Peters Pit, Secs. 27 and 22. T11N, and T12N,
R62W of the 6th P.M. , and the WELD COUNTY ENGINEERING DEPARTMENT,
for the benefit and on behalf of the Board of County Commissioners, Weld County,
Colorado,. hereinafter referred to as Weld County.
WHEREAS, Weld County is in need of soil and or gravel for the construction of
county roads , and
WHEREAS, Owner owns certain land on which there is soil and or gravel suitable
for use in construction of county roads.
NOW, THEREFORE, Owner and Weld County agree that Weld County may use its equip-
_ ment to remove the soil and or gravel from Owner's land.
Owner and Weld County also agree to the following provisions (if none, write
none) :
Weld County agrees to keep uo the access road. Weld County will be responsible
for all permits and will work with John Peters on what is needed to keep the pit
within the boundaries he wants.
•
c:7„."
i/ Owner r,T'iEST: Al �Q / Al,��,� WELD COUNT ' . �
tt11 ��/ddd000''rrr �C" U/ ZC�ii7 B v:
`IZY.J COLirtiTY :\ IC Ti's GOARD
/ `Il-t ('il
OY: • 7 it/��//'./�
D_:IUT' C!c :( J Tti 'E Erazrn .\ o?i
- V'K r II• „ L4V
ADDITIONAL PROVISIONS
1. Term of Agreement. The term of this agreement shall be from the date of
execution to and until io years later, unless sooner terminated
in writing by either party. Said notice of termination must be received
at least ten (10) days prior to the stated date of termination.
2. Property Oescriotion. The Owner hereby agrees to grant to the County the
right to enter the following described property situation in Weld County,
Colorado :
Peters Pit Secs. 27 and 28, T11N and T12N, R62 W of the 6th P.M.
t WCR 136.5
•
3. Royalty on Sand and Gravel . The County agrees to pay the Owner a royalty
or 0.45 cents per cubic yard
o
removed during the tern of this lease. Such royalty is tobealT material
monthly basis for material removed. paid on a
4. AcceSS , The Owner agrees to provide land for - haul road and direct access to
the work area. The County agrees to construct and maintain said haul road
in good condition and to obliterate haul road at termination of this agreement.
S. Books and Records. The County agrees to keep accurate records of all material
removed from said described lands and will , at all reasonable times , make said
records available to Owner for their inspection.
6. Notices. Any notice of termination or other demand by the Owner or the County shall be in writino and forwarded by certified mail the following address :
•
Owner: John Peters, Secretary
Peters 313 Ranch, Inc.
_P.O. Box M
Carventer, WY
Count,: Weld Count Road and Bridge Dept.
ox 758
EXHIBIT P
Owner(s) of Record of Affected Land (Surface Area) and Owner of Substance to
be Mined.
9411 ,.wz
AFFIDAVIT OF INTEREST OWNERS
MINERALS AND/OR SUBSURFACE
Application No.
Subject Property A Parcel of land located in Section 27, Township 12 North,
Range 63 West of the 6th Principal Meridian, Weld County, Colorado.
STATE OF COLORADO )
ss.
COUNTY OF WELD )
THE UNDERSIGNED, being first duly sworn, states that to the best of his
or her knowledge, the attached list is a true and- accurate list of the names
and addresses of all mineral owners and lessees of minerals on or under the
parcel of land which is the subject of the application as their names appear
upon the records in the weld County Clerk and Recorder's Office, from an
ownership update from a title or abstract company, or an attorney.
•
The foregoing instrument was subscribed and sworn to before me this
day of , 19 , By
•
WITNESS my hand and official seal.
My Commission expires:
Notary Public
200
NAMES OF OWNERS OF PROPERTY WITHIN -see FEET
Please print or type
ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL
NAME STATE AND ZIP CODE IDENTIFICATION #
Cummins, 667 S. Xenon St.
Thomas and Mildred Lakewood, CO 80228 927-1848736
Peters 313 Ranch
Peters, John P.O. Box M, Carpenter, WY 890-1811846
82054
General Delivery
Konig, James Grover, CO 80729 0043 22000007
Cg1.x S ..4
EXHIBIT Q
Municipalities Within Two Miles
Hereford, Colorado is the nearest municipality. It is located six miles west
of the pit site.
21.1.1.29:3
EXHIBIT R
Proof of Mailing of Notices to County Commissioners and Soil Conservation
District.
WEST GREELEY
SOLCaNSERVATION DISTRICT
4302!19th S[R0.
6REELEx CO 80634
rSeio77-3-*...\\s 'EP 1991 I a
(9c-• RECEIVED ti
a, Z�4,
<2o2sZ vitt�
Gn 1 _g� j
•
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR (112) OPERATION
NOTICE TO THE BOARD OF SUPERVISORS
OF THE LOCAL SOIL CONSERVATION DISTRICT
West Greeley DISTRICT
Weld County (Operator) has applied for a reclamation permit from
tffe Colorado Mined Land Reclamation Board ("the Board" ) to conduct mining
operations in Weld County. The attached information is being
provided to notify you of the location and nature of the proposed operation.
The entire application is on file with the Colorado Mined Land Reclamation
Division ("the Division" ) and the local county clerk and recorder.
The applicant proposes to reclaim the affected land to Rangeland
Pursuant to C.R.S. 34-32-116(7)(j ) the Board is required to confer with the
local Soil Conservation Districts before approving of the post-mining land
use. Accordingly, the Board would appreciate your comments on the proposed
operation. Please note that, in order to preserve your right to a hearing
before the Board on this application, you must submit written comments on the
application within 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 Colorado Mined Land
Reclamation Division, 1313 Sherman Street, Room 215 , Denver, Colorado 80203,
(303) 866-3567.
NOTE TO OPERATOR: You must attach a copy of the first two pages 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-4 � . `s
EXHIBIT S
Proof of Filing with County Clerk and Recorder
01 .4q`f
•
AN EXAMPLE PUBLIC NOTICE WHICH MEETS THE REQUIREMENTS OF THE LAW IS SHOWN
BELOW. YOU WILL NEED TO FILL IN THE BLANKS WITH DATES ACCORDING TO THE
FOLLOWING INSTRUCTIONS. PLEASE READ CAREFULLY.
PUBLICATION INSTRUCTIONS
Date of commencement and date of completion should represent the dates which
you feel most accurately describe the life of the operation.
For all Limited Impact (110(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 mist be published in a newspaper of general circulation in the
locality of the proposed mining operation and mailed to the landowners as set
forth in the 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. 34-32-112(10) , 110(7 )(c) , 114, and 115.
PUBLIC NOTICE
(Operator Name) Weld County ; (Address and Phone)
P.O. Box 758 Greeley, CO 80631 S5! -4oca has filed an
application for a Mining and Reclamation permit with the Colorado Mined Land
Reclamation Board under provisions of the Colorado Mined Land Reclamation
Act. The proposed mine is known as the (Name of Mine) Peters Pit No. 3 ,
and is located at or near Section 27 , Township 12 North ,
Range 63 West 6th Prime-Meridian.
The proposed date of commencement is ap,ium2.y j t , 1551 and the
proposed date of completion is 4v6 AST 21 , 2002 - eirh-e Proposed
future use of the land is (Future Lanause) Rangeland
Additional information and tentative decision date may be ootainea from the
Mined Land Reclamation Division, 1313 Sherman Street, Room 215 , Denver,
Colorado 80203 (303) 866-3567, or (County Name) Weld County
Clerk & Recorder; (Clerk & Recorder's Address) P.O. Box 758 Greeley, CO 80631
or the above-named applicant.
Written comments must be received by the Mined Land Reclamation Board by
5:00 p.m. on No.' . 20 , 19 G1
2833F (01 /91 ) PTV .1
(�nCLD iil '�'T�!
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•
C: O
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR (112) OPERATION
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
Weld COUNTY
Weld County (Operator) has applied for a reclamation permit from
the Colorado Mined Land Reclamation Board ( "the Board") to conduct mining
operations in Weld County. The attached information is being
provided to notify you of the location and nature of the proposed operation.
The entire application is on file with the Colorado Mined Land Reclamation
Division ("the Division") and the local county clerk and recorder.
The applicant proposes to reclaim the affected land to Rangeland
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 Colorado Mined Land
Reclamation Division, 1313 Sherman Street, Room 215, Denver, Colorado 80203,
(303) 866-3567.
•
NOTE TO OPERATOR: You must attach a copy of the first four pages 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.
13O7F-8
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR (112) OPERATION
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
Weld COUNTY
Weld County (Operator) has applied for a reclamation permit from
the Colorado Mined Land Reclamation Board ( "the Board") to conduct mining
operations in Weld County. The attached information is being
provided to notify you of the location and nature of the proposed operation.
The entire application is on file with the Colorado Mined Land Reclamation
Division ("the Division") and the local county clerk and recorder.
The applicant proposes to reclaim the affected land to Rangeland
Pursuant to C.R.S. 34-32-116(7)(i) 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
ReclamationDivisi application,
Division,
p t an
13 Sherman Street, Room 215, Denver, Colorado 80203,
(303) 866-3567.
NOTE TO OPERATOR: You must attach a copy of the first four pages 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 [ � i.
NOTICE
Pursuant to the notice procedures of the Mined Land Reclamation Board,
State of Colorado, the following open pit gravel application is on file for
public review in the office of the Clerk to the Board of County Commissioners
located in the Weld County Centennial Center, 915 10th Street, Third Floor,
Greeley, Colorado.
APPLICANT: Weld County
915 10th Street
Greeley, CO 80632
LOCATION: A parcel of land located in Section 27, Township 12 North,
Range 63 West of the 6th Principal Meridian, Weld County,
Colorado.
Proposed Date of Commencement
Has had prior use
Proposed Completion Date
Approximately 10 years
Proposed Future Use of Affected Land
Pastureland
Location Where Additional Information on the Operation May Be Obtained
Weld County Engineering Department
933 North 11th Avenue
Greeley, CO 80631
Location and Final Date for Filing Objections with the Mined Land Reclamation
Board
Ncvemlac . 24,11g41
Date, Time and Place Set for Consideration by the Mined Land Reclamation Board,
if known
Mined Land Reclamation
723 Centennial Building
1313 Sherman Street
Denver, CO 80203
Telephone - 839-3567
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
DATED:
PUBLICATION DATES: OCTOBER IO, I7, 24, 31
011144:-/
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