HomeMy WebLinkAbout951852.tiffAPPLICATION AND REPORT
FOR
REGULAR (112) OPERATION
AND
MINING OPERATION
USE BY SPECIAL REVIEW
Weld County, Colorado
April 1995
DIVISION OF MINERALS AND GEOLOGY
PERMIT APPLICATION
Submitted by: Weld County Department of Public Works
933 N. 11th Avenue
P.O. Box 758
Greeley, CO 80631-0758
Phone (303)356-4000 Ext 3750
Attn: Donald Carroll, Project Administrator
:appli.dc
951852
Table of Contents
-Page
General Overview
Application Forms:
Colorado Mined Land Reclamation (112 Amendment)
Exhibit A - Legal Description
Exhibit B - Index, Vicinity map
Exhibit C - Pre -Mining and Mining Plan Map(s)
of Affected Lands
Exhibit D - Mining Plan
Gravel Information
Mining Plan Map
Exhibit E - Reclamation Plan
Exhibit F - Reclamation Plan Map
Exhibit G - Water Information
Exhibit H - Wildlife Information
Exhibit I - Soil Information
Exhibit J - Vegetation Information
Back Packet
Back Packet
Back Packet
Exhibit 1. - Reclamation Costs
Exhibit M - Compliance With Local Zoning
-Exhibit _V - Other Permits and Licenses
-Exhibit 0 Source of Legal Right to Enter
Exhibit P Owner of Record of Surface and _Subsurface
Exhibit Q Municipalities Within Two Miles
Exhibit R Proof of Mailing of notification to county commissioners and Soil
Conservation District
Exhibit S - Proof of filing with Weld County Clerk and Recorder
Appendix - County Submittal Documents
951852
-REGULAR OPERATION (112)
RECLAMATION PERMIT
APPLICATION FORM
CHECK ONE: x New Application (Rule 2)
Conversion Application (Rule 1.10)
The application for a Regular Operation Reclamation Permit contai-ns three major parts:
(1) the application form; (2) Exhibits A=S; and, (1) 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.
Amendment Application (Rule 1.-8)
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): Tappy Pit
2.1 I.R.S. Tax ID No. or Social Security No.: 846000813
3. Permitted Acres: 20.150
Please indicate acreage to the nearest tenth (10th) acre.
•
3.1 Application fee (see Section 14): $1,875.00
Permitted acres
Application fee
4. Substance(s) to be mined (e.g., gravel/gold/borrow): Sand and gravel
5. Name of owner of surface of affected land: Minton J. Tappy
6. Name of owner of subsurface rights of affected lend: same
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 in North _ South
RANGE (write number and check direction): R 56 East g West
SECTION (write number): S i9
QUARTER SECTION (-check one): NE NW _ SE x SW
__
QUARTER/QUARTER SECTION (check one): NE x NW _SE __SW
GENERAL -DESCRIPTION:
(-miles And direction 16 miles north of Stoneham, Colorado
from nearest town a-nd
approximate elevation) 4600 + or —
951852
1-
9. Correspondence Information:
APPLICANT/OPERATOR (name, address, and phone of name to be used on permit)
Individual's Name: Dave Becker - Materials Division (Mining)
Company Name:
Street:
City:
State:
Area Code:
Weld County
P.O. Box 758
Greeley
CO
970
lip Code: 80632
Telephone: 356-4000 Ext 3750
PERMITTING CONTACT (if different from applicant/operator above)
Individual's Name: Donald Carroll - Project Administrator
Company Name: Weld County
Street: P.O. Box 758
City: Greeley
State: co Zip Code: 80632
-Area Code: 970 Telephone: 356-4000 Ext. 3750
INSPECTION CONTACT
Individual's Name:
Company Name:
Street:
City:
State:
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:
-Zip Code:
City:
State:
Area Code: -Telephone:
Zip Code:
951852
-3-
10. Primary future
(Post=mining)
land use
(check one):
Primary present
land use
(-check one):
Cropland(CR) _ Pastureland(PL)
x Ranigeland(RL) _ Fore-stry(FR)
Resfdential(RS) Recreation(RC)
Developed Water Resources(WR)
Cropland(t-R) _ Pastureland(PL)
g-RangelandcRL) _ Forestry(FR)
-Residinti-al(RS) tecreation(RC)
Developed Water Resources(WR)
12. Method of Mining: _ Quarry (QR)
Gener-al Agriculture(GA)
_ Wildlife Habitat(WL)
Industrial/Commertial(IC)
Solid Waste Disposal(WD)
General Agriculture(GA)
-Wildlif-e Habitat(WL)
_ Industrial/Commercial(IC)
_ Solution (SO)
12a. Other: Briefly explain miming method (e. -g. Placer, truck/shovel).
13. On Site Processing:
_ Solution (SO) _ Chemical (CH) _ Thermal (TH)
_ Heap Leach (HL) _ Vat Leach (VL)
14. Application Flee:
The application fee for Quarry miming is 12,325.
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.
The application fee for conversion to a 112 permit is $1,500.
112 Amendment application fee is -$1,550.
An applicant will not be issued a reclamation permit until notifi-ed 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 bate 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 reteive 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 R2egulations in effect at the time the
permit is issued.
951852
-4 -
Notice Requirements
Immediately after the first publication of your notice in a newspaper of general
circulation im the locality of your proposed mining operation, you must -mail a copy of
the notice to all owners of retard 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 teen 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 ty proof of 'personal service
(Rule 2.2.2(6)).
NOTE TO COMMENTDRS/OB,]ECTORS: 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 derision date so that you will know what changes
may have been made to the application document.
The Division is mot 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) 666-3567.
As an authori-zed 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 struoture(s) located within two
hundred (200) fee of the affected lands. -However, where th-ere is an agreement that
damage to the structure is to 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 derision 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 im violation of the _provisions of the Mined Land
Reclamation A-ct (C.R.S. 34-32-12D) as determined through a Board finding.
951852
-5-
4. I understand that Statements in the a-pplication are teing made under penalty
of perjury and that false statements made hereii are punisihabl-e as' a Class 1
misdemeanor -pursuant to Section 18-8-503, C.R.S.
Signed aril dated this j -day of
Weld County, Colorado
Applicant/Operator
By:
Title:
a
Chairman, Weld ounty
B aril of rnmmiccinnarc
State of Color -ado
SS.
County of WEld
By:
By:
If Corporation Attest (Seal)
County Clerk to the Board
Deputy Clerk to the Board
The fore -going instrument -was acknowledged before me this (;<t cday of L%1cc2c�
by Dale K. Hall
(04/92) 2823F
as Chairman of the Board Of Weld Count }✓ Commissioners
My Comm. Expires Oct. 7.1996
otary Public
Commission Expires: /L -_%—`/L
951652
STATE OF COLORADO
MINED LAND RECLAMATION DIVISION
Department of Natural Resources
1313 Sherman St., Room 215
Denver, CO 80203
303 866-3567
FAX: 303 832.8106
Operator:
Operation:
Permit Permit No:
PERFORMANCE WARRANTY
Weld County Public Works, Mining Division
Roy Romer.
Governor
Fred R.8anta.
Division Director
Tappy Graval Pit
KNOW ALL MEN BY THESE PRESENTS, THAT:
WHEREAS, the Colorado Mined Land Reclamation Act, CRS as amended,
34-32-1D1 et seq. (-the "-Act"), as amended, provides that -no permit may be
issued under -ie Act until the Mined Land Reclamation Board (-the "Board")
receives a performance warranty (or warranties) that is a written Tromise to
comply -with all applic-able requi-rements of the Act.
WHEREAS, Weld County (the "Operator"), has
applied for a permit to conduct a mining operation known as T-appy Pit
(the "Operation") o -n certain lands in Weld
County, Colorado. These lands are -described in the permit application, as
amended and supplemented, and are ref -erred to herein as th-e "Affected Lands".
WHEREAS, in its application for the permit, the Operator has agreed
to to bou-nd 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 i- or -the stated periods of time as set forth in the fi-nancial
warranty, which -nay 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, a-nd herein promises the Board
that it will comply with all applicable requirements of the Act with regard to
those Affected Lands.
951852
-2 -
NOW, THERE -FORE, the Qperator 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 Qperator hereby -promises the Board that it will comply
with all of the terms of the application for a permit, as amended and
sup.pl-emerited, as well -as any conditions attached to the permit by the Board.
Farther, the Operator _premises the Board, pursuant to 3412-112(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 conv-enienc-e of reference only,
and nn 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-Qperator 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 teas 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 O..perator
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 ha -s failed to are 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 b -e executed in multiple copiers, each of
which shall be treated as an original, but together they constitute only one
agreement, the validity and interpretation of which shall b -e governed by the
laws of the State of Colorado.
951-852
-3 -
The provi
parties hereto and
SIGNED, SEALED -AND
STATE OF
COUNTY OF
sions hereof shall bind and inure to the banefit of the
their 3ucce-ssors and assigns.
K
DATED, this C� jA c
J_ day 9f
Weld County Board
of Commissioners
Operator
By:
Title:
Chairman
NOTARIZATION OF OPER-ATOR'S ACKNOWLEDGMENT
Colorado
Weld
) ss.
(SEAL)
The foregoing instrument was acknowledged before me this I/ day
of
�' by Dale K. Hall
� j>rrS
as Chair �n
of Weld County Board of Commissioners
APPPOVED:
STATE OF COLORADO
MINED LAND RECLAMATION
MINED LAND RECLAMATION
By:
i4 ,c < C/
-PUBLIC
ission expires:
7 _ 6 -
My Comm. Expires Oct. 7,1996
DIVISION
HAP D
Director
6427F (01/91)
Date
951552
VI 'INITY MAP
WELD COUNTY, COLORAD(
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EXHIBIT E
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951852
EXHIBIT D
Mining Plan - Mining will be accomplished by surface earthmoving machines, we will also be using
a portable crusher and/or screening unit. Loading will be done with a rubber -tired front-end loader
dumping into tractor -trailer dump trucks. Extraction of the dry alluvial material will be less than
10,000 tons per year.
Approximately five (5) acres of the site may be considered as a major disturbance are, including both
the excavated area and the stockpile. The remainder of the area will either be undisturbed or only
slightly disturbed. The mined area is above any ground water. Therefore, this would be considered
a "dry pit" operation.
Useable material is near the surface with little or no overburden. It is relatively fined -grained, with
100% passing a 1" sieve. The meager topsoil, less than 6" thick, will be pushed along both sides of
the pit by dozers and front-end loaders for future replacement. The mineral deposit is about 15' ±
in depth.
:exhd.dc
951852
EXHIBIT E
Reclamation Plan - All stockpiled material will be removed from the site or incorporated into the
excavated area as part of the reclamation plan. As a large enough area is excavated, it will be
regraded to slopes flatter than four feet horizontal for each vertical foot. The finished area will be
sloped to correspond the natural drainage pattern of the surrounding area. The proposed use of the
affected land is rangeland.
The stockpiled topsoil will be placed uniformly on the graded surfaces at a thickness equal to the
adjacent lands. For material less than 6", rubber -tired scrapers and motorgraders will be used.
The finished surfaces will be seeded with grasses compatible to the area during the season and at
such rates as recommended by the Soil Conservation Service.
The reclamation plan specifies the return of the area to the equivalent use as the adjacent native
rangeland.
:exhe.dc
951852
EXHIBIT F
RECLAMATION PLAN MAP
Back packet.
951852
EXHIBIT G
The operation will be completely dry as there is no surface or ground water on
the site.
A water tank truck will be assigned to the project when it is in operation.
Water will be hauled from the County Shop in Greeley. No major amounts of
water will be used. Either water or chemical dust control material will be
used at the site and on the adjacent haul road.
951852
EXHIBIT H
Mined Land Wildlife Questionnaire
Don Bogart
Fort Collins, Colorado
951852
'•' NED LAND UILDLIFE QUESTI0SAI'
for limited impact and select regular mine applications
1. Name of Company/Mine: Weld County - Mining Division
2. Name/Address/Phone of Contact Person:
Dave Becker - Materials Division
P.O. Box 758, Greeley, CO 80632 (970)356-4000 Ext 3750
3. Location of Mine:
Weld County, T10 N, R 56 W, Sec 19, SW 4
(County, Township, Range, Section to nearest quarter quarter; Exhibit A -MLR appl.)
4. Nearest Town/General Location:
5. Land Ownership (Circle)
16 miles north of Stoneham, Colorado
Private 2. BLM 3. USFS 4. Other
6. Present Land Use: Range land
7. Proposed Final Land Use: Range land
8. Type of Operation: 1. Surface 2. Thatergrounck
9. Minerals being mined: gravel
10. Number and Description of Surface Acres Distributed by Mining/not including roads
(Exhibit D -MLR): 20.150 + or —
11. Miles of rcads to be constructed: Existing access to State Highway 71
12. Life of Mine (years): 10 years
13. Description of Operation and Reclamation -- Additional sheets may be attached
(Exhibits B & E -MLR)
Weld County will make good use of this additional gravel pit to nhtain-sand and
gravel for use on the immediate quadrant of county roads to eliminate long hauling
distances. The reclamation of the gravel pit will benefit the rancher and
surrounding wildlife.
14. Please enclose Maps of Project Operation, Disturbance Areas and Reclamation (Exhibit
C.) This will expedite processing. Your cooperation is appreciated.
If
15. Prepared by: joi.,
676,64c(
Date:
ET 6.
951852
Page 1 of 2
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:
Tappy Pit - Sand and Gravel - SW1/4 Sec. 19. TION. R56W. Weld County
Name/Type and Location of Mine (Legal)
Wildlife Species list:
Antelope, deer, coyote, fox, badger, skunk, magpie, dove, pheasant, raptors and seasonal
songbirds and numerous small rodents.
Endangered/critical species/impacted:
No known threatened or endangered species.
Critical habitats/vegetative communities impacted:
N/A
Assessment of impact:
Open, south facing grasslands, thin graveland sandy soil, impacts should be minor.
Mine Reclamation recommendations (include key species/habitats for which restoration
is designed).
Slope and grade to match adjacent land form, reseed to SCS specifications. Should be
protected from livestock until seeding is established
Prepared By:
Submitted By:
This statement is void if not processed within 1 year.
This analysis does not constitute approval of application.
Date:
Date:
951852
EXHIBITS I AND J
Soil and Vegetation Information
Soil Conservation Service
Greeley, Colorado
951852
MINED LAND WILDLIFE STATEMENT/EVALUATION (Revised)
for limited impact and select regular mine applications
The following information pertaining to wildlife is provided far use by Mined Land
Reclamation Board in their consideration of a mining permit Tor:
Tappy Pit Sand and Gravel - SW1/4. Sec. 19, TION. R56W. Weld County
Name/Type and Location of Mine (Legal)
Wildlife Species list:
-Antelope, deer, coyote, fox, badger, skunk, -magpie, dove, pheasant, raptors and seasonal
songbirds -and numerous small rodents.
Endangered/critical species/impacted:
No known threatened or endangered species.
Critical habitats/vegetative communities impacted:
N/A
Assessment of impact:
Open, south facing grasslands, thin graveland sandy soil, impacts -should be minor.
Hine -Reclamation recommendations (includ-e key species/habitats for which restoration
is designed).
Slope and grade to match adjacent land firm, reseed to SCS specifications. Should be
protected from livestock until seeding is established
Prepared -By:
Submitted By:
This -statement is void if not processed within 1 year.
rn..crit.,ro nnnrnval of annlication.
Date:
Date:
3/95
9512352
EXHIBIT N
Other Permits and Licenses
951852
USE BY SPECIAL REVIEW APPLICATION
Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631
Phone - 353-6100 - Ext. 3540, Fax # (303) 351-0978
TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature)
LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA:
E2, SW4
Section 19 T l0 N,R SF W TOTAL ACREAGE 90 150+
PRESENT ZONE Agriculture OVERLAY ZONE
PROPOSED USE Rangeland
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT:
Name:
Greeley, CO
City/State/Zip: 80632 Home Telephone:
Weld County (leasing) Address: P.0.Box 758
Name:
Dave Becker, Mining Division
Business Telephone: 356-4000 Ext. 3750
Address:
same
City/State/Zip: Home Telephone: Business Telephone:
APPLICANT OR AUTHORIZED AGENT (if different than above):
Name:
Donald Carroll, Weld County Public Works Department
Address: same City/State/Zip:
Home Telephone: Business Telephone:
I hereby state that all statements and plans submitted with the application are true and correct to the best of my
knowledge.
Signa ure: Owner or Authorized Agent
951852
EXHIBIT 0
Source of Legal Right to Enter
951852
ADDITIONAL PROVISIONS
1. Term of Agreement. The term of this agreement shall be from the date of
execution to and until 10 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 Description. The Owner hereby agrees to grant to the County the
right to enter the following described property situation in Weld County,
Colorado:
Clint Tappy
State Highway 71 north of Weld County Road 114
3. Royalty on Sand and Gravel. The County agrees to pay the Owner a royalty
of $0.45 cents per cubic yard
for all material
removed during the term of this lease. Such royalty is to bepaid on a
monthly basis for material removed.
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.
5. 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 writing and forwarded by certified mail the following address:
Permit 25 acres
Phone 735-2561
Owner: Clint Tappy
70758 WCR 106
Stoneham, Colorado
County: Weld County Public Works
933 N. 11th Ave
P.o.Box 758
AGREEMENT FOR USE OF SOIL AND OR GRAVEL FOR ROAD PURPOSES
THIS AGREEMENT, made this `3 L day of 5p-rV
Clint Tappy, Weld County Road 106 Stoneham
, 19L, by and between
hereinafter referred to as Owner, of
T1ON, R56W, Sections L9 and 30
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 will take care of the haul roads to the gravel pit, and also any
cattle guards on the haul roads.
Weld County will keep banks of pit sloped so cattle won't fall over the banks.
• Weld County will try.to prevent disturbance of any more pasture than is necessary.
4r,
WELD COUNTY
By: �� K
951852
PERMISSION FOR ENTRY UPON REAL PROPERTY
THE UNDERSIGNED hereby gives permission for the COUNTY OF
WELD and the WELD COUNTY DEPARTMENT OF ENGINEERING to enter upon
the following described real property:
For the purpose of
g - 9y
Project Number
Sec 19430
`TON
Date:
P
perty Ow nature
733"--,2 3-41
Address
s L ''3)
-951852
EXHIBIT P
Owner(s) of Record of Affected Land (Surface Area) and Owner of Substance to
be Mined.
951852
COLORADO
April 25, 1995
STATE OF COLORADO
ss
COUNTY OF WELD
To Whom It May Concern:
CLERK TO THE BOARD
P.O. BOX 758
GREELEY, COLORADO 80632
(303) 356-4000 EXT. 4225
In Weld County, the Clerk to the Board performs those functions relevant
to Board of County Commissioner records and actions, which are normally
performed by the Clerk and Recorder; therefore the entire application, as
attached, is on file with the Weld County Clerk to the Board.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal
of said County a£ --Greeley, Colorado, this 25th day of April, 1995.
CLERK TO THE BOARD
/?
BY:
EPUTY CLERK TO T E BOARD
951852
EXHIBIT S
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 application form to this
notice. If this is a notice of a change to a previously filed application you
must either attach a zopy of the changes, or attach a complete and accurate
description of the change.
1307F-8
951852
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 must be publi-shed 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 356-4000, Et. 1750 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) TAPPY PIT
and is located at or near Section 19 , Township 10 North
Range 56 West , 6th Prime Meridian.
The proposed date of commencement is July 1995 and the
proposed date of completion is July ZOOS . 1e proposed
future use of the land is (Future anduse) 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
or the above -named applicant.
Written comments must be received by the Mined Land Reclamation Board by
5:00 p.m. on , 19
2833F (01 /91 )
Publication Dates:
951852
APPENDIX A
COUNTY SUBMITTAL DOCUMENTS
-951852
USE BY SPECIAL REVIEW APPLICATION
Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631
Phone - 353-6100 - Ext. 3540, Fax # (303) 351-0978
TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature)
LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA:
Section
1Q
T t0
N R
E2, SW4
56 W TOTAL ACREAGE 20 lso+
PRESENT ZONE Agri ciii tare OVERLAY ZONE
PROPOSED USE Rangeland
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT:
Name: Weld County (leasing)
Greeley ,CO
City/State/Zip: 80632 Home Telephone:
Name:
Dave Becker, Mining Division
Address: P.O.Box 758
Business Telephone: 356-4000 Ext. 3750
Address:
same
City/State/Zip: Home Telephone: Business Telephone:
APPLICANT OR AUTHORIZED AGENT (if different than above):
Name:
Donald Carroll, Weld County Public Works Department
Address: same City/State/Zip:
Home Telephone: Business Telephone:
hereby state that all statements and plans submitted with the application are true and correct to the best of my
knowledge.
ature: Owner or
Authorized
d Agent
951852
WELD COUNTY, COLORADO
USE BY SPECIAL REVIEW APPLICATION
MINING PERMIT
Weld County Department of Planning Services. 1400 N. 17th Avenue,
Greeley. Colorado, Phone 353-6100. Ext. 3540.
For the Department of Planning Services Use Only
Case Number:
Zoning District:
Application Received By:
Permit Fee:
Receipt Number:
To be completed by APPLICANT is accordance with procedural guide requirements:
I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission
concerning a proposed Tappy Gravel (gravel, coal, borrowpit, etc.) mining operation for the
following described unincorporated area of Weld County:
LEGAL DESCRIPTION:
A parcel of land being part of the east half of the southwest quarter (E2,SW4) and
part of lots 2 and 3 all in Sectin 19, T1ON, R56W at the 6th P.M., Weld County,
Colorado
2. Surface owner(s) of area of land described
North Route
Name: Clinton .T. Tappy Address: Stoneham. CO Phone: 970-735-2561
Name: Address: 20754 Phone:
Owner(s) of mineral rights or substance to be mined
Name: same Address: Phone:
Name: Address: Phone:
Source of applicant's legal right to enter and to mine on the land described:
SeP Exhihit "0"
(Include certified copy of any document(s) noted
Weld Count" Public Works Dept. 356-4000
Applicant's address:P.0. -Box 758, Greeley, CO 80632 Phone: Ext 3750
Address: Phone:
6. Identify any prior permits for mining held by applicant or affiliated person:
new application
Description of Operation
A. Types and number of operating and processing equipment to be used:
Mining will be accomplished by surface earth moving machines; we also
will be using a portable crusher and/or screening unit •
951852
C.
Maximum number of employees: mining & trucking 23 and number of shifts:
1
Number of stages to be worked: 1 , and periods of time each is to be worked:
4 — 10 hour days
Thickness of mineral deposit: 15 ± feet. and thickness of the overburden
This will be a wet/dry pit operation. (dry)
Site entrance/exit points and County roads and bridges to be utilized between site and delivery
point(s)(mustbe coordinated with County Engineer):
access is existing from State Hwy 71
6" +
Description of reclamation
Proposed reclamation land use(s): Rangeland
Source of technical advise for reclamation:
soil conservation service
C. Explanation of Reclamation Process: The stockpiled topsoil will be placed uni
formly on the graded surfaces at a thickness equal t the adjacent lands
for material less than 6".The finished surface will be seeded with grasses
compatible to the area during the season and at such rate as **
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.
**recommended by soil conservation service.
COUNTY OF WELD )
ss.
STATE OF COLORADO)
Subscrib
SEAL
DIANE K.
�'. BECKMAN
1);••.. ..
O
My Commi . iV je
Signature: Owner
ore me this / day of / /cet c � , 19 /
My Comm. Expires Oct. 7,1996
J
L1 i
NOTARY PUBLIC
REVISED: March 1994
951852
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department
933 North 11th Ave.
P.O. Box 758
Greeley, CO 80632
(303)356-4000 EXT. 3750
Date: 4/5/95
1. Applicant Name Weld County Phone 356-4000 Ext. 3750
Address P•0. Box 758 City Greeley State CO Zip 80632
2. Address or location of access Tappy Gravel Pit St . Hwy 71 /WCR 1 1 6
Section 19 Township 10
Range 56
Subdivision Block Lot
St . Highway Wafer iittp 71 Side of Road East N S E or W
Distance from & number of intersecting road 1/2 mile + from WCR 116
3. Is there an existing access to the property? Yes x No # of accesses 1
4. Site Sketch Sec 19 m ; v Sec 30
,u Z
(3). .ro
1/4O
rx
U
.'3
Sec 24 Sec 25
c
State Hwy 71
**********************************************************************************
OFFICE USE ONLY
Road St. 71 ADT 350 Date 1990 Accidents Date
Road 116 ADT -0- Date -0- Accidents -0- Date -0-
5. Proposed use:
0 Permanent O Residential/Agricultural El Industrial
O Temporary O Commercial O Subdivision
l5 Other gravel pit
**********************************************************************************
Drainage Requirement Culvert Size Length
Other Comments
O Installation authorized
O Information Insufficient
Special Conditions existing access from State Hwy 71
Reviewed by: Title:
951852
APPLICATION REQUIREMENTS
1. A completed application form is attached.
2. A detailed description of the method of mining operation. The description shall include:
A. The types and numbers of operation and processing equipment to be employed.
Mining will be accomplished by surface earth moving machines, portable crusher
and/or screening unit. Loading will be done with a rubber -tired front-end loader
dumping into tractor -trailer dump trucks.
B. The number of shifts to be worked and the maximum number of employees. Weld
County will be working 4-10 hour day shifts through the construction season. The
maximum number of employees from the mining and Trucking Division will be 23±.
This pit will be used to obtain sand and gravel for use on the immediate quadrant of
county roads to eliminate long hauling distances.
C. Whether the operation will involve a wet or dry pit extraction of the dry alluvial
material; therefore this would be considered a "dry pit" operation.
D. County road and bridges to be utilized. State Hwy 71 will be the only access point
from the pit.
E. The size of the area and stages to be worked at any one time.
Approximately five (5) acres of the site may be considered as a major disturbance
area, including both the excavated area and the stockpile at one time.
F. A time table giving the period of time which will be required for the various stages
of the operations.
The term of the agreement with the landowner is a 10 -year period. The various
stages of mining and processing should be completed by then.
G. The depth and thickness of the mineral deposit to the thickness of overburden to be
removed.
Useable material is near the surface, with little or no overburden. It is relatively fine-
grained, with 100% passing a 1" sieve. The meager topsoil less than 6" thick has
been and will be pushed aside along both sides of the he pit by dozers and front-end
loaders for future replacement. The mineral deposit is about 15' f in depth.
951852
H. The proposed use of reclaimed lands and an explanation of the reclamation process.
All stockpiled material will be removed from the site, or incorporated into the
excavated area as part of the reclamation plan. The finished surfaces will be seeded
with grasses compatible to the area during the season and such notes as
recommended by the soil conservation service.
The reclamation plan will result in a return of the area to the equivalent use of the
adjacent native rangeland.
L The source of technical advice in that type of reclamation for open cut mining land.
Slopes have been designed to minimize erosion; native grasses will include
vegetation on site, using the SACS office for recommendations of vegetation.
3. A certified list of the names, addresses and the corresponding parcel identification numbers
assigned by the Weld County Assessor of the property owners within 500 feet of the property
subject to the application. See attached sheets.
4. A certified list of the names and addresses of mineral owners and lessees of minerals on the
parcel of land being considered. See attached sheets.
5. The following documents or other similar documents shall be submitted by the applicant.
a. See Exhibit E
b. See Exhibit G
c. See Exhibit C and F (map)
d. The haul road is existing , County will upgrade to 32' wide and 2% cross
slopes with adequate drainage. Either water or chemical dust control material
will be used at the site and on the adjacent haul road.
6. A statement which explains how the proposal is consistent with the Weld County
Comprehensive Plan.
To be consistent with the comprehensive plan, extraction must follow a rehabilitation plan,
which is presented in the application. Weld County will make good use of this additional
gravel pit in the northeast corner of the County to obtain sand and gravel for use in the
immediate quadrant of County roads to eliminate long hauling distances. The reclamation
of the gravel pit will benefit the ranchers and the surrounding wildlife. The reclamation
would reseed new range grasses to benefit the rangeland from poor to marginal grasses.
As the demand for more gravel for county roads and project in the area purpose increases,
the county needs to acquisition additional pit in area there we have mining out and reclaimed
existing pit.
951852
The site does not lie in a flood plain or geologic hazard zone or the Weld County airport
overlay districtarea.
7. A statement which explains how the proposal is consistent with the intent of the district in
which the use is located.
This is a key location for a pit for graveling the road in the immediate area without hauling
long distance.
8. If applicable, a statement, will be provided to explain how the decision for the proposed use
to conserve productive agricultural land in the agricultural zone district came about.
Most of the soil in this is Peetz gravelly and sandy loam with 5 to 20 percent slopes.
The reclamation of this area with better slopes and new grasses would benefit the agricultural
district.
9. A statement which explains there is adequate provisions for the protection of the health,
safety and welfare of the inhabitants of the neighborhood and the county.
The county proposes safeguards to prevent access to the site during non -working hours with
a gate. All site operation will occur within the requirement of applicable permits, thus
providing protection for the safety, health and welfare of the inhabitants of the neighborhood
and the County.
10. A statement which explains the uses permitted will be compatible with the existing
surrounding land uses.
As previously stated, the proposed use is compatible with the surrounding land uses which
consists of sand and gravel mining, mostly rangeland and some wheat farming. As the
demand for more gravel for county roads purposes increases, we need additional gravel pit
as are old pit are mined out and reclaimed to supply gravel to the county roads.
11. A statement which explains the proposed use will be compatible with on future development
of the surrounding area as permitted by the existing zone and with future development as
projected by the comprehensive plan of the county or the adopted master plans of affected
municipalities.
There is no development in the surrounding area. The pit is located 16 miles north of the
nearest town. This area will be reclamated to its existing surrounding after the mining has
been done.
12. A statement, which explains the use by Special Review area is not located in a flood plain,
geologic hazard and Weld County overlay districts.
951852
THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED R AD RIGHT-OF-
WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TO A PUBLICLY
MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE MOST PROMINENT
PLACE ON THE PROPERTY AND POSTA SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS
DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY.
PLANNING COMMISSION SIGN POSTING CERTIFICATE
I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THESIGN 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:
NAME OF PERSON POSTING SIGN
SIGNATURE OF APPLICANT
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
SUBSCRIBED AND SWORN TO ME THIS DAY OF 19
SEAL
NOTARY PUBLIC
MY COMMISSION EXPIRES
LAST DAY TO POST SIGN IS: , 19
PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE
DATE OF THE HEARING.
951852
THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED R AD RIGHT-OF-
WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TO A PUBLICLY
MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE MOST PROMINENT
PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS
DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY.
BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE
I 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 BOARD OF COUNTY COMMISSIONERS' HEARING FOR CASE #
THE SIGN WAS POSTED BY:
NAME OF PERSON POSTING SIGN
SIGNATURE OF APPLICANT
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
SUBSCRIBED AND SWORN TO ME THIS DAY OF 19
SEAL
NOTARY PUBLIC
MY COMMISSION EXPIRES
LAST DAY TO POST SIGN IS: 19
PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE
DATE OF THE HEARING.
951852
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