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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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982590.tiff
weld County he. DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley,,;,p(gfiadotgpgr31 Phone (970) 353-6100, Ext. 3540 Fax (970) 352-6M3T USE BY SPECIAL REVIEW(MINING OPERATION)APPPLr1CIZaV " FOR THE DEPAEN''T/IOF PLANNING SERVICES USE ONLY Application Fee �J Receipt Number © 6/ M Case Number / ' V'^� 61Z Recor ing Fee Receipt Number Zoning District DePt Application Checkecire Planner Ass ditCLa ' To be completed by APPLICANT is accordance with procedural guide requiremMU ents: 1. I (we), the undersigned, hereby request a hearing before the Weld Coun Planning Commi� i 0 conceming a proposed sand and gravel(gravel, coal, borrow pit, etc.) ma ation�foGtlpe fv n described unincorporated area of Weld County: LL.... �I LEGAL DESCRIPTION: Portions of the N4t'4NE4SW4 of Section 29, TSN, R67W of the 6th P.M. PARCEL NUMBER: 09S729000035 (12 digit number - found on Tax I.D. Information or obtained at the Assessor's Office). 2. Surfface owner(s) of area of land described Name: Al Challenger Phone: (303) 674-8422 P 0 Rex 44R Fvergrien, CO 80437 Phone: 3. OWner(s) of mineral rights or substance to be mined Naive: Dick Coulson coin grin Excavating Phone: (970)667-1178 3609 N County Rd 13 Ieveland, CO 8nc3R Fax (Q70) 667-2143 4. Source of applicant's legal right to enter and to mine on the land described: See Exhibit in the ME epplinatinn /JJ$JiT (Include certified copy of any document(s) noted 5. Applicant's Agent: Shani T, Bastin, TnttleApnlegfate Tian Phone:(30'c) 4c7-6611 Address: 11990 Grant Street, Suite 304, Denver, C ) 50733 FAA (303) 4c2-7754 Tic • 6. Idejntify any prior permits for mining held by applicant or affiliated person: Division of Minerals and Cenln v M-RS-076 Weld County USR-672 7. Description of Operation A. Types and number of operating and processing equipment to be used 2 crushers , 7 leaders office trailer. 2 screens, (lnxer_ scale, aggregate wash plant , read grader, and 2 conveyors ) B. Maximum number of employees: S , and number of shifts: 1 11 c§ EX73IT I © t OCC 010 tik 982590 C. Number of stages to be worked: 1 , and periods of time each is to be worked 7 an. to 5 pm Monday thrniiph Saturday D. Thickness of mineral deposit: 1C feet, and thickness of the overburden: 4 E. This will be a wet/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) Site entrance i s onto WCR 54; primary ba,i1 route is west to T-75 and east to WCR 17 8. Description of reclamation A. Proposed reclamation land use(s): Pasture land/ Residential B. Source of technical advise for reclamation: Tut t l eAnnl egate. Inc. C. Explanation of Reclamation Process: Concurrent with mining - grading and reseeding Take slopes to '5.1 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. a r-C Signature: Owner/ thorized A ent rani L. Bastin, Pl er TuttleApplegate, Inc. 12 982590 CHALLENGER PIT WELD COUNTY USE BY SPECIAL REVIEW APPLICATION Located in Weld County, Colorado Prepared For: Dick Coulson, Coulson Excavating 3609 North Weld County Road 13 Loveland, CO 80538 Prepared By: ltittleApplegate,lnc. 11990 Grant St., Suite 304 Denver, CO 80233 August, 1998 TA# 98-141 982590 • 7tuttleApplegate,Inc. Consultants for Land,Mineral and Water Development August 12, 1998 Weld County Planning Department 1400 North 17th Avenue Greeley, CO 80631 RE: Amendment to Use by Special Review Permit#672 for Sand and Gravel Mining: Challenger Pit To Whom It May Concern: Attached, please find an amendment to Use by Special Review#672 for Sand and Gravel Mining. The subject property is located in part of the West Yz of Section 29, T5N, R67W of the 6th P.M., Weld County, Colorado. The amendment proposes to combine the original four phases of mining into two phases and decrease the overall mining permit boundary from 105 acres to 66 acres. Additional acreage is being added to Phase II which was not originally included in the permit area. The pit is also being amended from a wet mine to dry mining. This letter will supply the narrative segment of the application requirements. This letter is formatted in the same numerical order as the procedural guide for the application submittal requirements. 1. The completed application form along with the application fee of$1,340 is attached. 2. A detailed description of the method of mining operation is as follows: a. The types and numbers of equipment and facilities can be found in Exhibit D of the DMG permit application. b. The operation will run 5 days a week, Monday through Friday from 7 a.m. to 5 p.m. There will be a total of five (5) employees. c. The operation will be a dry pit. d. All trucks will exit the property onto Weld County Road 54 and proceed either west to I-25 or east to Weld County Road 17. 992590 11990 Grant Street, Suite 304• Denver, Colorado 80233 • (303) 452-6611 • Fax (303) 452-2759 e. The Special Use Permit Boundary includes approximately 66 acres, of which 31 acres will be mined. There will be two phases of mining. Phase I has been mined and partially reclaimed according the original Division of Minerals and Geology (DMG) Permit. Currently two stockpiles exist on the eastern edge of Phase I. These gravel stockpiles will be removed within the next year for various highway construction projects. Once removed, this area(Phase I) will be amended out of the mining boundary. Phase II proposes to mine approximately 26 acres, some of which has been mined through the original application. The mining plan is detailed in Exhibit C of the DMG permit application, which is attached to this application request. f. The duration of the mining operation is approximately five (5) to ten(10)years. g. Sand and gravel deposit depth and thickness vary from six (6)to twelve (12) feet. h. Proposed use of the reclaimed land is pasture land with potential for residential development. i. The reclamation plan is described in Exhibit E of the DMG permit application. 3. A list of the names, addresses and the corresponding parcel identification numbers assigned by the Weld County Assessors Office for surrounding property owners is attached. 4. A list of the names and addresses of mineral owners and lessees of minerals on or under the parcel of land being considered is attached. 5. A copy of the reclamation plan is enclosed for review. The Colorado Division of Minerals and Geology will review and approve the reclamation plan. Copies of the plan for obtaining water supplies, cross sections of drainage structures and profiles and typical cross sections of haul roads will be submitted if deemed necessary by the Board of County Commissioners. 6. This request for an amendment to the original Use by Special Review application for a mining operation is consistent with the Weld County Comprehensive Plan. The Comprehensive Plan allows for and encourages the extraction of sand and gravel deposits. CM.Goal 2 states that the County should promote the reasonable and orderly development of mineral resources. This application and accompanying materials clearly demonstrates compliance with this goal. All activities at the mining site are guided by the regulations of the Mine Safety and Health Act (MSHA) and the Occupational Safety and Health Act(OSHA). These requirements along with the Weld County Comprehensive Plan, specifically CM.Goal4 which states minimize hazardous conditions related to mining activities and the mining site, will minimize or eliminate the potential adverse impact of the operation on Amendment to USR-627 Challenger Pit Page 2 of 4 982590 surrounding properties. The application is proposing setbacks, noise controls, dust controls and general site conditions which will help to comply with the goals and policies of the Comprehensive Plan. 7. This application request is located in the A (Agricultural) Zone District and is listed as a Use allowed by Special Review under Section 31.4.1 of the Weld County Zoning Ordinance. The subject site is located within three miles of the Town of Johnstown, which lies approximately one (1) mile to the south of the existing mining operation. 8. 'The subject site is not located on prime agricultural ground. A majority of the property lies in the Flood Plain as described on FEMA Community Panel #080266 0615C. The high water level coupled with the sandy soil does not allow for good crop production. 'The ground has historically been used for limited agricultural production and pasture land. 9. The protection of the health , safety and welfare of the inhabitants of the neighborhood and the County are being considered by the applicant. Possible fugitive dust emissions from the site will be minimized by watering and re-vegetation activities. Noise levels will comply with the requirements of the Weld County Health Department. Only one access point will be used for the truck traffic at the site. Through measures taken by the applicant along with the Conditions of Approval and Development standards as established by the County through the permitting process, the consideration of health, safety and welfare of Weld County Citizens will be protected. 10. Surrounding land uses are primarily agricultural in nature. This use is not a high intensity use which would increase the amount of traffic in the vicinity of the site. Compatibility with surrounding uses will be assured by setbacks, noise limitations and Conditions of Approval and Development Standards as established by the County. 11. Future development of the surrounding area is predominately rural residential and agricultural uses. 12. The subject site is not located in a geologic hazard area or airport overlay district. The subject site is located in a flood plain according to FEMA Community Panel #080266 0651C, dated September 28, 1982. 13. Drinking water to the site will be supplied by bottled water. 14. A deed is attached which identifies the applicants interest in the property under consideration. 15. A noise report is not included but will be provided if deemed necessary by the Weld County Planning Department. Amendment to USR-627 Challenger Pit Page 3 of 4 982590 16. Other information determined necessary by the Board of County Commissioners or the Department of Planning Services will be provided upon request. If you have questions or need additional information please call. Thank you for your time and consideration regarding this application request. Sincerely, TUTTLE APPLEGATE, INC. Shani L. Eastin Planner attachments CC: File #98-141 Dick Coulson Al Challenger Amendment to USR-627 Challenger Pit Page 4 of 4 982590 ThttleApplegate,lnc. Consultants for Land,Mineral and Water Development August 4, 1998 Weld County Planning Department 1400 North 17th Avenue Greeley, CO 80631 RE: Challenger Pit Sand and Gravel Mining Operation AMUSR-672 To Whom It May Concern: This letter authorizes Tuttle Applegate, Inc., to act in my behalf to obtain all appropriate permits for an amendment to USR-672 for sand and gravel mining. The legal description for the property is as follows: Portions of the northwest 'A and portions of the northeast 'A of the southwest 'A of Section 29, Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado. Thank you for your time and consideration. Sincerely, `" (tee= � Dick Coulson Operator 992590 11990 Grant Street, Suite 304• Denver, Colorado 80233• (303) 452-6611 • Fax (303) 452-2759 7thttleApplegate,Inc. Consultants for Land,Mineral and Water Development August 4, 1998 Weld County Planning Department 1400 North 17th Avenue Greeley, CO 80631 RE: Challenger Pit Sand and Gravel Mining Operation AMUSR-672 To Whom It May Concern: This letter authorizes Tuttle Applegate, Inc., to act in my behalf to obtain all appropriate permits for an amendment to USR-672 for sand and gravel mining. The legal description for the property is as follows: Portions of the northwest ''A and portions of the northeast 'A of the southwest 'A of Section 29, Township 5 North, Range 67 West of the 6`h P.M., Weld County, Colorado. Thank you for your time and consideration. Sincerely, Al Challenger Property Owner 992590 11990 Grant Street, Suite 304• Denver, Colorado 80233 • (303) 452-6611 • Fax (303) 452-2759 a :_ t ?thttleApplegate,lnc. Consultants for Land,Mineral and Water Development August 27, 1998 Weld County Planning Dept. Barb Chiappone Division of Minerals and Geology SEP 01 1313 Sherman Street,Room 215 199$ Denver, CO 80203 RECEIVED RE: Challenger Pit DMG Amendment M-85-026 Dear Ms. Chiappone: An application for an amendment to an existing sand and gravel mining operation,as described above,was submitted to the DMG on August 26, 1998. This application request is for an amendment from wet mining to dry mining. The acreage reduction will be requested through a separate procedure from the DMG through a formal release. If you have any questions concerning this letter or application please call me. Sincerely, UTTLE APPLEGATE, INC. hani L. Eastin Planner cc: Weld County Clerk to the Board File#98-141 992590 11990 Grant Street, Suite 304• Denver, Colorado 80233 • (303)452-6611 • Fax (303) 452-2759 CHALLENGER PIT DMG Regular Operations (112) Application Located in Weld County, Colorado Prepared For: Dick Coulson, Coulson Excavating 3609 North Weld County Road 13 Loveland, CO 80538 Prepared By: T ttleApplegate,IInc. 11990 Grant St., Suite 304 Denver, CO 80233 August, 1998 TA# 98-141 992590 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY of Department of Natural Resources Roo1313 ShermanSI- 567 215 ritti Denver,Colorado 80203 Phone:(303)866-3567 FAX:(303)832-8106 DEPARTMENT O1 NATURAI CONSTRUCTION MATERIALS RESOURCE. REGULAR (112) OPERATION E .LCL;.I'r F. Executive Director Michael B.Long Division Director CHECK ONE: New Application (Rule 1.4.5) X Amendment Application (Rule 1.10) Conversion Application (Rule 1.11) Permit # M _ 85 _ 026 __ (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts : (1) the application form; (2) Exhibits A-S, Addendum 1, any sections of Exhibit 6.5 (Geotechnical Stability Exhibit; and (3) the application fee. When you submit your application, be sure to include one (1) complete signed and notarized IVORY ORIGINAL and four (4) copies of the completed Ivory application form, five (5) copies of Exhibits A-S, Addendum 1, appropriate sections of 6.5 (Geotechnical Stability Exhibit, and a check for the application fee described under Section (4) below. Exhibits should NOT be bound or in a 3-ring binder; maps should be folded to 8 1/2" X 11" or 8 1/2" X 14" size. 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 requested below. 1. Applicant/operator or company name (name to be used on permit) : Coulson Excavating 1.1 Type of organization (corporation, partnefship, etc. ) : Cnrnnration 1.2 I.R.S. Tax I.D. No. or Social Security Number: 84-0702158 2 . Operation name (pit, mine or site name) : Challenger Pit 3. Permitted acreage (new or existing site) : l0S permitted acres 3.1 Change in acreage (+ or -) 39 acres 3.2 Total acreage in Permit area 66 acres 4. Fees: 4.1 New Application $1, 875.00 application fee 4.2 New Quarry Application $2, 325.00 quarry application 4.3 Milling Application (Non-DMO) $3,100.00 milling application 4.4 Amendment Fee $1,550.00 amendment fee 4.5 Conversion to 112 operation (set by statute) $1, 875.00 conversion fee 5. Primary commoditie(s) to be mined: sand gravel 5.1 Incidental commoditie(s) to be mined: 1. - 100,000 lbs/Tons/yr 2 . / lbs/Tons/yr 3. / lbs/Tons/yr 4. / lbs/Tons/yr 5. / lbs/Tons/yr 5.2 Anticipated end use of primary commoditie(s) to be mined: 5.3 Anticipated end use of incidental commoditie(s) to be mined: 992590 - 2 - 6. Name of owner of subsurface rights of affected land: Al Challenger If 2 or more owners, "refer to Exhibit O" . 7. Name of owner of surface of affected land: Al Challenger 7.1 Names of the holders of any recorded easements on the affected land: 8. Type of mining operation: X Surface _ Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MRRTPTAN (check one) : X 6th (Colorado) _ 10th (New Mexico) Ute SECTION (write number) : S 79 TOWNSHIP (write number and check direction) : T 5 X North _ South RANGE (write number and check direction) : R 67 _ East X West QUARTER SECTION (check one) : _ NE X NW _ SE _ SW QUARTER/QUARTER SECTION (check one) : _ NE X NW _ SE _ SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation) : Approximately 11/2 miles north of the Town of Johnstown, CO Approximate elevation 4.790 10. Primary future (Post-mining) land use (check one) : _ Cropland(CR) _4_ Pastureland(PL) _ General Agriculture(GA) Rangeland(RL) _ Forestry(FR) _ Mildlife Habitat(WL) Residential(RS) _ Recreation(RC) _ Industrial/Commercial(IC) _ Developed Water Resources(WR) _ Solid Waste Disposal(WD) 11. Primary present land use (check one) : _ Cropland(CR) X Pastureland(PL) General Agriculture(GA) Rangeland(RL) _ Forestry(FR) Wildlife Habitat(WL) _ Residential(RS) Recreation(RC) _ Industrial/Commercial(IC) _ Developed Water Resources(WR) 12. Method of Mining: Briefly explain mining method (e.g. truck/shovel) : Mining will utilize scrapers, loaders and haul trucks to transport the resource to the processing area. Dewatering of the site will be required. 13. On-Site Processing: X Crushing/Screening 13.1 Briefly explain on-site processing: Processing will involve crushing, screening and washing of the product. li List any designated chemicals or acid-producing materials to be used or stored within permit area: No chemicals or acid-producing materials will be stored on the site. 982590 - 3 - 14. Correspondence Information: APPLICANT/OPERATOR (name. address, and phone of name to be used on permit) Contact's Name: Dick Coulson Title: Owner Company Name: Coulson. Excavating Street: 3609 North County Road 13 city: Loveland State: Colorado Zip Code: 80538 Telephone Number: ( 970 ) - 667-217$ Fax Number: ( 970 ) - 667-2193 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Shani Eastin Title: Planner Company Name: Tuttle Applegate, Inc. Street: 11990 Grant Street, Suite 304 City: Denver State: Colorado Zip Code: 80233 Telephone Number: ( 303 ) - 452-6611 Fax Number: ( 303 ) - 452-2759 INSPECTION CONTACT Contact's Name: Title: Company Name: Street: City: State: Zip Code: Telephone Number: ( ) - Fax Number: ( ) - CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Telephone Number: ( ) - CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Telephone Number: ( ) - 982590 - 4 - 15. Description of Amendment or Conversion: If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s) . Maps and Exhibits: Five (5) complete, unbound application packages must be submitted. One complete application package consists of a signed application form and the set of maps and exhibits referenced below as Exhibits A-S, Addendum 1, and the Geotechnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate documents are used as appendices, please reference these by name in the exhibit. With each of the five (5) signed application forms, you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4, 6.5, and 1.6.2(1) (b) : EXHIBIT A Legal Description EXHIBIT B Index Map EXHIBIT C Pre-Mining and Mining Plan map(s) of Affected Lands to include the location of any recorded easements 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 Other Permits and Licenses EXHIBIT N Source of Legal Right-To-Enter, to include holders of any recorded easements, EXHIBIT O Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined, to include holders of any recorded easements EXHIBIT P Municipalities Within Two Miles EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Soil Conservation District EXHIBIT R Proof of Filing with County Clerk or Recorder EXHIBIT S Permanent Man-Made Structures Rule 1.6.2 (1) (b) ADDENDUM 1 - Notice Requirements (sample enclosed) Rule 6.5 Geotechnical Stability Exhibit (any required sections) The instructions for preparing Exhibits A-S, Addendum 1, and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.6.2 (1) (b) of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required, or . ,ould like to schedule a pre-application meeting you may contact the Office at 303-866-3567. 982590 - 5 - Responsibilities as a Permittee: Upon application approval and permit issuance, this application becomes a legally binding document . Therefore, there are a number of important requirements which you, as a permittee, should fully understand. These requirements are listed below. Please read and initial each requirement, in the space provided, to acknowledge that you understand your obligations . If you do not understand these obligations then please contact this Office for a full explanation. f'Ci 1 . Your obligation to reclaim the site is not limited to the amount of GGG the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; t�( C. 2 . The Board may suspend or revoke this permit, or assess a civil /,v penalty, upon a finding that the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; 3 . If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, ((�� to you as permittee can result; Xe, 4 . Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; X r 5 . It is your responsibility to notify the Office of any changes in your �1 1address or phone number; re6 . Upon permit issuance and prior to beginning on-site mining activity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information (Rule 3 . 1 . 12) : a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c . the permit number. tn 7 . The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance. 982590 R1_, - 6 - l ((_, 8 . It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. ,1.� 9 . Annually, on the anniversary date of permit issuance, you must submit {{{{{{```"` an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year) , any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval . Annual fees are for the previous year a permit is held. For example, a permit with the anniversary date of July 1, 1995, the annual fee is for the period of July 1, 1994 through June 30, 1995 . Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the permittee, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. 1/4L_ 10 . For joint venture/partnership operators : the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s) ) authorizing the signature of the representative is attached to this application. NOTE TO COMNENTORS/OBJECTORS: It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office. Therefore, if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document . ' The Office is not allowed to consider comments, unless they are written, and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process, you may contact the Office at (303 ) 866-3567 . 982590 - 7 - Certification: .s an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. To the best of my knowledge, all significant, valuable and permanent man-made structure(s) in existence at the time this application is filed, and located within 200 feet of the proposed affected area have been identified in this application (Section 34- 32.5-115(4) (e) , C.R.S. ) . 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4) (f) , C.R.S. ; 3. As the applicant/operator, I do not have any extraction/exploration operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120, C.R.S. ) as determined through a Board finding. 4. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. Signed and dated this /f-l-14_ day of Si" , /992 . @D1)A.5b/J .XGavw+lpc)UOW{llsK 1 Inc If Corporation Attest (Seal) Applicant/Operator nb" Co^mpany !lame A {n l_gned: ��'il��%� s9-etliJlrt' signed: atia:t,,a .-{` Corporate tectet y or Equivalent T_tle: S,ak Town/City/County Clerk State of COtORPrttO 1 ) ss County of L-P-211k2R. ,A The foregoing\\ instrument was acknowledged before me this jI�day of fxu4)u-s-;- n J998 , by 'Li p�I C.O w�..50.0 as \ pt5\& of (nia.5n.. EI p.,-4,4A-1n,p Cc',)n1e •kincallot y P'Aub is My Commission expires: UN.). a'lO 2O)9- SIGNATURES MUST BE IN BLUE INK 06/26/97 2823FC0.112 982590 NOTICE This site is the location of a proposed construction materials operation know as Challenger Pit. Coulson Excavating, whose address and phone number is 3609 North County Road 13; Loveland, CO 80538; 970/667-2178, has applied for a Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the application may view the application at the Weld County Clerk and Recorder's Office, 1400 North 17th Avenue; Greeley, CO 80631, and should send comments prior to the end of the public comment period to the Division of Minerals& Geology; 1313 Sherman Street; Room 215; Denver, CO 80203. CERTIFICATION: I, Dick Coulson, hereby certify that I posted a sign containing the above notice for the proposed permit area known as the Challenger Pit, on g pIGNc-2,-4212e ee-eirip-ec, - lt ATURE DATE 982590 EXHIBIT A Legal Description Portions of the Northwest Vi and portions of the Northeast '/of the Southwest 'A of Section 29, Township 5 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado Challenger Pit DMC 112 Amendment Page I of 23 982590 EXHIBIT B Site Description Please see the attached map. Challenger Pa OMG 112 Amendmeni Page 2 of 23 982590 __ �--- it(.,_________. ca i 1�6 yikv) ,• � APOO 'J' �•�, BM (1741 776 i �b it• . 4772 gm to te \\I: •A 4". " 33• y ) . 'ft: CS:::4 ... • I . .43 40 NE • IIIN so 41 es".1 M?) 1.--. \ . --...—Th. 992590 Date m/:e/se O� COULiON EXCAVATING =_ Tutt$oApplegate,lnc. Sccit ao..: xsx — caor.a.u.�.r rwas Orig. : CHALLENGER PIT enKa.e: si[ uwaae.ar.aren �.: VICINITY MAP "l. w ,30 Names of Property Owners within 200 feet of the Mining Operation Kent A. & Jeannette Y. Mercer 25671 WCR 15% Johnstown, CO 80534 Jacob Trust& Jacob JR Kammerzell 25090 WCR 15 Johnstown, CO 80534 Emanuel & Evelyn H. Betz 6835 WCR 52'/ Johnstown, CO 80534 Roger E. & Joyce E. Amundson 25975 WCR 15'1 Johnstown, CO 80534 Ed Orr 826 9th Street Plaza Greeley, CO 80631 Paul L. & Charlene A. Nelson 9000 WCR 52 Milliken, CO 80543 Leon H. & Viola C. Croissant 27775 Blackfoot Rd Loveland, CO 80537 982590 EXHIBIT C Pre-mining and Mining Plan Maps of Affected Lands Please see the attached map. Challenger Pit DUG 112 Amendment 982590 Page 3of23 EXHIBIT D Mining Plan The amendment to the mining plan proposes to amend the original mining plan to a total of two phases of mining which will be dry mined. Additionally, this amendment proposes to decrease the entire original permitted area. The amended Phases are as follows: Phase I total area: 26 acres Mined Area: 5 acres Phase II total area: 40 acres Mined Area: 26 acres Total 66 acres 31 acres Phase I has been mined and partially reclaimed. Currently, gravel stockpiles are located along the eastern edge of the pond area in Phase I and will be removed within the next year for various highway construction projects. Once the gravel piles are removed, this area of Phase I will be revegetated and landscaped according to the reclamation plan. Phase I will amended out of the mining plan within the next two years. Phase II is proposed to include additional acreage to the southwest of the existing permitted area. During this Phase approximately seven cottonwood trees will be removed in the southwestern area of the mining limit. Mining will occur in a northern direction with the portable plant site moving north as mining progresses. Currently there are two existing settling ponds in Phase II that will be used during future mining. It will take approximately seven(7) years to mine this Phase. In May of 1997, the Army Corps of Engineers issued conditions regarding the placement of channel blocks in the Big Thompson River within Phase I. At the time of the original DMG Permit approval, no additional criteria was required for the blocks. Currently,the blocks are subject to the Corps of Engineers jurisdiction in accordance with Section 404 of the Clean Water Act. The blocks placed in the river have been removed,the levee has been removed and south and north bank of the lake in Phase I have been reclaimed and stabilized. All disturbed upland and riparian areas have been reclaimed with topsoil and seeded with grass seed mix. Some of the problems that have occurred on the site have stemmed from the original DMG application being for a wet mining operation while the operator has actually dry mined. The amendment will clarify the exact type of mining operation occurring and bring the mining operation into compliance with the DMG Permit and County Use by Special Review Permit. The following equipment and facilities will be utilized in this operation: Crusher (2) Screens (2) Aggregate Wash Plant (1) Loader(2) Dozer (1) Road Grader(1) Office Trailer (1) Scale (1) Conveyor(2) Challenger Pit AUG 112 Amendment Page 4 of 23 982590 EXHIBIT E Reclamation Plan The final reclamation plan uses for the mining operation will be lakes, agricultural pasture land and residential acreage. While this property is being mined, concurrent reclamation will be underway. This process will continue for the duration of the project. Topsoil and overburden will be stripped separately and replaced in layers as the mining progresses. Slopes along the lakes will be back filled to a 3:1 configuration The proposed reclamation land uses are compatible with Weld County regulations. The County Zoning Ordinance allows mining in the Agricultural Zone District as a Use by Special Review. The County Comprehensive Plan encourages extraction of mineral resources prior to any development of the property. The operator will comply with Rule 3:1 according to the following measures: The mining will create the rough topography for the lake shore. Instead of being mined vertically, the lake shores will be mined at the 3:1 configuration. Overburden and topsoil will be placed on the shoreline for final grading. Compaction of this overburden will occur by the scrapers and dozer which will place the soil. There are no structures proposed here so no greater compaction is required. Final grading will be done along the contours and revegetation will occur as soon as possible to prevent erosion. The lake shores will be graded and seeded within one to two years after the mining occurs. The mining will leave no highwalls on the property. No acid forming or toxic materials washing operation and non-marketable fine material. These backfill materials will be compacted on the floor of the processing area and buried along the lakeshore. Inert fill generated off the permit area will also be brought into the site as backfill. This material could include concrete, soil,brick and limited amounts of asphalt. Generally, any asphalt brought in will be recycled into new product. These off-site inert materials will be disposed of in a similar manner as those generated on-site as described above. Since this material is inert,there will be no release of pollutants. The reclamation plan identifies off-site material to be used as backfill. Therefore, no further notice to the Division is required. Water— General Requirements In order to minimize the effect that mining will have on the prevailing hydrologic balance: 1 . the operator shall comply with all applicable Colorado water laws; and Challenger Pit DMG 112 Amendment Page S of 23 982590 2. The operator shall comply with all applicable Federal and State water quality laws and regulations; and 3. The operator shall comply with all Federal and State requirements for dredge and fill; and 4. The operator shall regrade all sediment in siltation structures after mining is complete. Groundwater—Specific Requirements The operation will not affect groundwater quality on or off the site. The operation will comply with State groundwater quality standards. In the wash plant, water will be recycled to a settling pond. Flocculent may be used to assist in the settling out of suspended solids. The flocculent will not contain hazardous or toxic materials. The water recycled in the washing operation will not be released into any waterways. The clays and silts salvaged from the washing operation may be used as fill material for the slopes. Due to the absence of any pollutants, groundwater quality monitoring is not required for this operation. Wildlife The proposed reclamation plan does not propose to create wildlife habitat. All activities will be planned considering the safety and protection of wildlife on the property. Some species may be temporarily displaced by the mining activities, but are expected to re-establish with no difficulty after the reclamation Topsoiling The top six inches of soil is classified as topsoil. This layer includes the root zone of the grasses and other plants. It will be stripped and stockpiled separately. By using concurrent reclamation techniques, the topsoil in the stockpile should only remain for one to two years. If the stockpile remains more than one growing season, it will be seeded with wheatgrass to prevent erosion. Topsoil will be replaced in reclaimed areas around the lakes in the same six-inch depth. Re vegetation The purpose of revegetation is to re-establish the pasture grasses and stabilize the newly established soils. Slopes will be no greater than 3:1. The grasses were selected to be long lasting and regenerate themselves. The ground will be fine graded and prepared for seeding. Fertilizers will be used according to recommendations from the Natural Resources Conservation Service. Challenger Pit DMC 112 Amendment Page 6 of23 982590 If a significant invasion of noxious weeds occurs, the area will be mowed periodically for control. Weeds will be mowed before they go to seed during the first growing season. Mechanical control will be used as a first priority. Chemical methods will only be used if no other alternative produces acceptable results. Challenger Pit DMC 112 Amendment Page 7 of 23 982590 O N N NN to n OD I: 1n (`') N , H i i i o p s41 ii (( 9 I �IfiEififfAtinfifqf co O O V' N N M V V N CO r CO COD O O O O O O O O O O O O {V co }itifli _coM 4,o.. it tt > .infIlt:4[ .IC z Ira o IONOIEloq` In Q. { C) i ali:r i�t tI N N tO 00 00 CD CO (0 M NM w E �p O O O O r O O O O O O A C) O O O O O O O O 0 0 0 0 O ;s Ly' N . a al o H to Niiiiift 5 ° i,I Z i5b t I ffP�'x Q Ilifr 4!!..:2: C C !! 1!"!!? } CO N- IA N- (O N- O (O 1- N ID 3 Y Y 110,1t5. M N CO ' (`') W M O) O) lO M CO CO ti,y A,� O O O .-- N O O O O N F' IT A CO CO r E t I' N N C) C) pE{e+ ('�ipifiig n L pG;ll 1!0a; T a! M V ILb In V N N O� a 0 (1') O O O O O 6 O 6 O 6 O 6 M N N i.1 E:114.a ci I c ,•5 Cuo. 0 o ''" • o 0 0 ' o °�i o °ei o e o o .4z a J O on tO O O co O O II C O N 6 M to m N V to fC Ti 6 M Or O 0 01 r r r w r C (`O le C O 0d W �. n m ' IY `t .3t ss, m c O c w c °: d Z O C C�j (0 d N c >. m d t; p N .� N a Q CI co d '�u 11 Q ' Q (.0 Z F O = N d m Ti h U0 .CU C X C o F �- W ¢ (7 982590 ' # ,,ef. >' 1 {xA� e\, %. fir` F r. _ .n 1P Z i` ' r..'' dpi �` 29 e i r* ( LT : t ; • cwt . . �, 1•.S ,� y �.._..>g�0 m. _ 'Cc) 2000 1000 0 2000 SCALE IN FEET 987590 EXNIsrr 01 Dote: 08/18/99 Job No: 98-110 CHALLENGER PIT —'r' TuttleApplegate,IIIC. 0raxn: S • =-- rTRH 0ea9n: WELL LOCATION MAP �� - = cddgrr�a..rrvw Checked. BIM 1 I0)1910U�EI4M-l�YMI aso l Pa Me: wmu«m�on.nxa a1-2750 alma rwM=+ � fpada. +we Soak, 1'=20W' REPORT DATE 03/23/98 COLORADO WELLS, APPLICATIONS, AND PERMITS PAGE 1 COLORADO DIVISION OF WATER RESOURCES PERMIT D CO OWNER INFORMATION ACTIVITY STATUS 1ST USED ANNUAL ACRES GEOL WELL WELL WATER SEC LOCAT'N TOWN P CD DATE CD DATE WD MD DB USE DATE APROP IRR AQFR YIELD DEPTH LEVEL COORDINATES QTRS SC SHIP RANGE M -t196GR' 1 62 AMEN & FOOTE FARMS RT 1 BOX 204 LOVELAND, CO 80537 4 1 10/23/71 GW 200.00 24 4 SWSW 19 5 N 67 W S 11757K 1 62 AMEN & FOOTE FARMS RT 1 BX 204 LOVELAND, CO 80537 4 1 10/23/71 GW 200.00 24 4 SWSW 19 5 N 67 W S ,,4- 5.81x+ 1 62 AMEN & FOOTE FARMS RT 1 BX 204 LOVELAND, CO 80537 4 1 12/30/52 200.00 24 4 SWSW 19 5 N 67 W S 322/9 1 62 FELKER CHARLES E RT 1 BOX B1A MILLIKEN, CO 80543 3 8 10/13/67 1.00 460 170 NESE 24 S N 67 W S soave 1 62 HOFF LEROY 21506 W C R 54 GREELEY, CO 80631 NP 09/02/88 2 8 07/31/32 1.00 GW 15.00 55 0290N,2590E NWNE 27 5 N 67 W S •-4JF2-• 1 62 WYSOWATCKY ANDREW EQUITABLE BD DENVER 2, CO 80202 4 9 08/13/58 16.00 33 5 NENW 27 5 N 67 W S ,Ooze J 1 62 WILLIAMS ROGER L MR & MR ROGER L RT 1 BOX 98 MILLIKEN, CO 80543 4 9 12/20/38 15.00 1520N,2630E SWNE 28 5 N 67 W S / 1 62 CHALLENGER ALBERT & WESTERN MOBILE C/O P 0 BOX 21588 DENVER, CO 80221 GRAVEL PIT AP 07 13 90 AU 12 16 92 4 0 G GW NE 29 5 N 67 W S 100929 A 1 62 NELSON PAUL & CHARLENE 9000 W C R 52 MILLIKEN, CO 80543 NP 05/21/90 4 8 GW 01205,0950E SESE 29 5 N 67 W S 10878AD 1 62 CHALLENGER GRV LOVELAND, CO 80537 AD 04/16/85 4 4 GW NESW 29 5 N 67 W S (.1A111-91-6) 1 62 KAMMERZELL JOCOB 25090 WCR 15 JOHNSTOWN, CO 80534 NP 03/27/90 AR 04/27/90 4 8 L OW 10.00 21 5 04905,0100W SWSW 29 5 N 67 W S 100929 1 62 CULVER EMMA M BOX 416 JOHNSTOWN, CO 80534 NP 07/19/78 SA 12/11/78 4 8 11/14/78 30.00 40 6 0120S,0950W SWSW 29 5 N 67 W S 70388 1 62 FULFS JON C 111 E DRAKE STE 7111 FT COLLINS, CO 80525-1799 OC 10/08/97 4 89 06/01/75 1.00 15.00 25 11 15005,1750W NESW 30 5 N 67 W S -3924—" 1 62 FAHRENBRUCH HAROLD RT 4 BX 227 GREELEY, CO 80631 4 9 04/18/58 3.00 324 40 SWSW 31 5 N 67 W S -G455r 1 62 SELBY CLAY F BX 416 LOVELAND, CO 80537 4 1 300.00 29 5 NENE 32 5 N 67 W S "r4P 1 62 SELBY CLAY F BX 416 LOVELAND, CO 80537 4 1 07/06/50 400.00 28 5 SENE 32 5 N 67 W S .ew& 1 62 NOLIN G W & NANCY 2111 14TH ST RD GREELEY, CO 80631 LOT 14 BLK 3 MAD RUSSIAN NP 02/18/97 AR 04/08/97 4 0 G GW 220 23505,0600E NESE 34 5 N 67 W S 9S?590 I E C. m E 4 E o o q N o 0 m .i a a en 1/40 M. m e Co L N - , N N , N N m m , "".."l{l{^ 0 m rl m n N m m m m N N m m in Co 3 3 3 3 3 3 3 3 3 3 u M O itt C N N in m Co 0 0 0 0 1 ,88g88 ,1- 7-188 m o yl 0 0 00 N f 0 N r 0 0 in y p N. N ,i F bN , 00mNNulNN i% N C C C Co N Co Co nl 0 M 0 0 Oa x 0 lU m m 0 7) g m N o0 N r om, µv .. N \ ;� N ,� .O. CI R 88, 8, ~8 8 8 8 8,8 Co N M N N N N\ p N \\ 0 F o , , .J ti .N-i N p Co o N o m 0 m 0 laA. a m P 0 T m r ,o K ill yO N NN Nm ryN ryN ryN O 0 .Ni K DI 5 Ol N N to N m l-- .l F 5 a N n 0 Ot m 0 0i r0i 0 ri ti m N tl . .. T 982590 EXHIBIT F Reclamation Plan Map The reclamation map has been changed to reflect the mining of only two phases. Challenger Pit DUG 112 Amendment Page 8 of 23 982590 EXHIBIT G Water Information The proposed mining operation is located in the West %2 of Section 29, Township 5 North, Range 67 West in Weld County. The site is located approximately two miles north of Johnstown and 3 miles east of I-25 and is adjacent to the Big Thompson River. The operation will impact the Big Thompson River in the form of depletions due to evaporation and operational losses associated with mining. These impacts, however, are of minor consequence and can be mitigated without injury to the vested senior rights downstream of the site. The operation will consist of sand and gravel production. The project will create four open gravel pit lakes with approximately 20 acres of exposed surface. The reclamation plan will leave unlined lakes that are hydraulically connected to the alluvial aquifer. A substitute supply plan for the replacement of stream depletions during the mining phase will be submitted to the State Engineer's Office. The operator will obtain an approved augmentation plan through Colorado Water Court after mining is completed. The length for the completion of the project is estimated at 7 years. Water Use Water use at the site will include evaporation from the wash pond, settling pond, dewatering trenches, and existing exposed surfaces, water retained in material removed from the site and dust control of haul roads and stockpiles. The exposed groundwater associated with the dewatering trenches is estimated at 1.0 acre. The total exposed acreage during mining, including the existing gravel lakes, will be approximately 13 acres. Mining at the site will intercept the groundwater table. In order to enable dry mining, dewatering trenches will be constructed around the perimeter of the pit. This water will be routed and pumped into existing gravel lakes and allowed to percolate back into the alluvial aquifer. The NOAA Technical Report NWS 33, Evaporation Atlas for the Contiguous 48 United States (U.S. Department of Commerce)was used to determine gross evaporation. For this location,the annual evaporation is 41.0 inches. Monthly evaporation percentages as suggested by the Office of the State Engineer were used to calculate monthly evaporation. Precipitation was estimated using the Colorado Climate Center's Monthly Climatic Data for the Windsor Weather Station. Annual precipitation at the site was assumed to be equal to the Windsor station, which is 12.54 inches. Effective precipitation was calculated as 70%of total precipitation. Net evaporation was then computed as the difference between gross evaporation and effective precipitation. The net annual evaporation at the site is 2.7 feet. Thus, the resulting net annual evaporative consumptive use during mining operations is 34.9 acre-feet. The evaporation associated with the post reclamation lakes will be approximately 53.7 acre-feet per year. The post mining augmentation requirements can be seen in Table No. 1. Challenger Pit DUG 112 Amendment Page 9 of 23 9??590 As material is excavated, it will be washed on site. The water retained in this material is considered as consumptive use. The anticipated amount of material that will be mined and washed each year is estimated at 100,000 tons. Assuming 4 percent moisture content by weight as suggested by the State Engineer's Office, the total annual depletion due to water retained in product is 2.9 acre-feet. In addition, water use at the site will include dust control. This is water applied to haul roads and stockpiles. It is estimated that one load from a 3000-gallon capacity water truck twice a day (Monday through Friday) for nine months is required for dust control. This results in a consumptive use of 3.6 acre-feet per year. The total annual consumptive uses associated with the mining operations are as follows: Evaporation 34.9 acre-feet Moisture Retained in Product 2.9 acre-feet Dust Control 3.6 acre-feet Total 41.4 acre-feet Water Rights The landowner of the Challenger Pit, Al Challenger, will be providing the necessary water rights for the operation. The landowner owns 20 shares of the Hill and Brush Ditch. The proposed mining operation will take approximately 34 acres of historically irrigated acreage out of production. The 20 shares of Hill and Brush Ditch were historically used on a total 61.5 acres. The acreage taken out of agricultural production accounts for 55.3% of the historic irrigated acreage (34 acres/61.5 acres). Therefore, 11 shares of the 20 shares of Hill and Brush Ditch will be made available for augmentation. The average yield of the 11 shares owned by Challenger is 165.5 acre-feet annually. For the purpose of calculating the average annual consumptive use of the Hill and Brush Ditch shares, a 20% ditch loss and a 60% irrigation efficiency were assumed. This results in a consumptive use of approximately 7.2 acre-feet per share. The Hill and Brush Ditch shares and leased water from the City of Loveland will be used to augment during mining. An application to temporarily change the use of the Hill and Brush shares from agricultural use to augmentation will be submitted to the State Engineer's Office. Challenger Pit DMG 112 Amendment 4??590 Page 10 of 23 The reclamation augmentation requirements will be mitigated with the 11 shares of the Hill and Brush Ditch. Surrounding Water Rights Exhibit G-1 shows the permitted and/or adjudicated water rights within one half mile of the site. Well and water rights tabulations from the State Engineer's Office were used to locate the surrounding wells and water rights as shown in Exhibit G-1. Discharge Permit A Discharge Permit will be applied for with the Colorado Health Department. This permit will be obtained before the mining operations begin. Challenger Pit DMG 112 Amendment Page 11 of 23 99?590 EXHIBIT H Wildlife Information No changes are proposed from the original permit. Challenger Pit DMG 112 Amendment Page 12 of 23 9F2590 EXHIBIT I Soils Information No changes are proposed from the original permit. Challenger Pit DMG 112 Amendment Page 13 of 23 T32590 EXHIBIT J Vegetation Information No changes are proposed from the original permit. Challenger Pit DMG 112 Amendment Page 14 of 23 982590 EXHIBIT K Climate No changes are proposed from the original permit. Challenger Pit 13MG 112 Amendment Page 15 of 23 982590 EXHIBIT L Reclamation Costs Currently a bond in the amount of$20,241 is being held. With this application request, no change will be required. Challenger Pit DMG 112 Amendment Page 16 of 23 982590 EXHIBIT M Other Permits and Licenses • Special Use Permit for Sand and Gravel Mining— Weld County • Corps of Engineers Section 404 "After the Fact"Permit • Flood Hazard Development Permit—Weld County • Ute Ladies' Tresses Orchid Survey • Colorado Department of Public Health and Environment Air Pollutant Emission Notice (APEN) • Colorado Department of Public Health and Environment Process Water Discharge Permit and Storm Water Management Plan The above referenced permits and licenses will be applied for if deemed necessary by the DMG. Challenger Pit DMG 112 Amendment 982590 Page 17 of 23 EXHIBIT N Source of Legal Right to Enter As the property owner,Al Challenger, I do hereby authorize the mining of my property as described in this permit application. The legal description for the property is as follows: Portions of the Northwest ''A and portions of the Northeast 'A of the Southwest 'A of Section 29, Township 5 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado ia-ct ,t4 Chal ge Date t"if State of e&O(Ficp ) ss County of M..evy-t�The foregoing instrument was acknowledged before me this 4'day of `y 1998,by,I�{� (4 S. l.h llEy�l 1^ as-412p. ()jJ - of R� 4�.1c-r r I O s 1 Ic ` DIARY PVe " % iMy Commission Expires: Cel . 13e •'•sTERiA : j.qOss.imyc l•„•• ic:3 \dirt:• v .'%. ................ OF . Challenger Pit DMG 112 Amendment Page.kfofIt 9'8?590 �d- EXHIBIT 0 Owners of Record of Affected Land and Owners of Substance to be Mined Owner of Affected Land Al Challenger P.O. Box 448 Evergreen, CO 80437 Owner of Substance to be Mined Al Challenger P.O. Box 448 Evergreen, CO 80437 Challenger Pa DUG 112 Amendment Page 19 of 23 9S2590 EXHIBIT P Municipalities Within Two Miles Town of Johnstown Box 609 Johnstown, CO 80534 Challenger Pit DMC 112 Amendment Page 20 of 23 9R'590 EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Soil Conservation District Please see attached sheet. Challenger Pit AMG 112 Amendment Page 21 of 23 ?590 EXHIBIT R Proof of Filing with County Clerk and Recorder Please see attached sheet. Challenger Pit DMG 112 Amendment Page 22 o/23 9!??590 EXHIBIT S Permanent Man-Made Structures US West Telephone Lines Public Service Company Underground Power Lines KP Kaufmann Oil Well Duke Energy Oil Well Great Western Railroad Rail Road and Fence Weld County Public Works Department Weld County Road 54 and 15 '/z Al Challenger Private Access Road Little Thompson Water District Water lines The companies/individuals listed above are being contacted by the applicant to develop agreements for mining within 200 feet of the structures. These agreements will be provided to the division prior to any disturbance closer than 200 feet to the structures. Challenger Pi( DING 112 Amendment Page 23 of23 9S?590 1r1,1 n, , flarn+nn :),i 4 SEP 1 7 1998 7tittleApplegate,lnc. Consultants for Land,Mineral and Water Development September 14, 1998 Ann Best Johnson Weld County Planning Department 1400 North 17th Avenue Greeley, CO 80631 RE: Clarification of AmUSR-672 Application Materials Dear Ms. Johnson: This letter is written to clarify certain aspects of the above referenced application submitted to your office. Page 1 item 2b states the following: "The operation will run 5 days a week, Monday through Friday from 7 a.m. to 5 p.m. " Please note that the operation will run 6 days a week Monday through Saturday 7 a.m. to 5 p.m. This is clearly identified on Page 2 of the County USR Application#7c. Also note that page 3 of the Division of Minerals and Geology (DMG) Application states that the Contacts Name is Coulson Excavating and that the Company Name is Dick Coulson. These should actually be switched. I have attached a new copy of this page of the DMG Application reflecting the correct names. Additionally, Exhibit M of the DMG Application states that other permits and licenses will be applied for. Please note that these permits will be applied for only if deemed necessary by the DMG. I have attached a new Exhibit M to clarify this process. Thank you for your time and consideration in processing our application request. If you require additional information or clarifications please call me. Sincerely, O( f"lb v iotitvlals T TTLE APPLEGATE, INC. p�a�ra I Vl ef�i�l �, S ni L. Easti Planner cc: Dick Coulson, Coulson Excavating File #98-141 3Q?siin 11990 Grant Street, Suite 304 • Denver, Colorado 80233 • (303) 452-6611 • Fax (303) 452-2759
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