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Home My WebLink About20240607.tiffRECEIVED FEB 2 3 2024 WELD COUNTY COMMISSIONERS • Progressive Planning Services of Colorado Richard L. Miller, AICP 1123 Button Rock Drive, Longmont, CO. 80504 e-mail: rmillerwppsofco.com Phone: (303) 809-2128 February 20, 2024 Weld County 1150 0 Street Greeley, CO 80631-9596 Re: Notice of a 112c Application with the Colorado Division of Reclamation, Mining and Safety Office for Western Equipment & Truck Mine #1, M-2023-042 Dear Sir/Madame, I am writing to inform you of a 112c Application that has been filed with the Colorado Division of Reclamation, Mining and Safety Office (DRMS) for the removal of a portion of the topsoil from the property shown on the attached map. You are being contacted because you are shown to own the right-of-way for Weld County Road 49, within 200 feet of the proposed topsoil excavation operation. I have attached a map that shows the location of the right-of- way for Weld County Road 49 adjacent to the proposed top -soil mining site. Western 'Equipment -and Truckinc'icthe-owner-ofthe-subject property:`The pl0T i3 to remove" a portion of the topsoil, which will be used to reclaim and reseed oil/gas facilities in Weld County. Enough topsoil will remain on the site for future agricultural purposes. The excavation operation will involve approximately 64 acres of the 74 -acre parcel, with active excavation ocurring on approximately five acres at a time. It is anticipated that the overall excavation will take approximately a year. The primary access for the excavation of the topsoil is along Weld County Road 49 along the east side of the property. No onsite processing will occur thus, no permanent haul roads or onsite facilities will be established. During the extraction of the topsoil, silt control fencing and other best management practices for the control of surface water will be used. The site will remain level during the excavation and will be depressed from the current ground surface. Water trucks will be used during the excavation operation to minimize dust on windy days. The desire is to maintain "live" topsoil onsite. Thus, topsoil will Publ : c Rev:e0J 03/l l /,2L GC.CA(GB /KM)PL. (ER /MN) pc,.J(CH/DWOE) O3 /07/,24 2024-0607 be excavated as needed and will not be stockpiled on the site for longer than one week. In reality, topsoil will be harvested and transported as soon as possible, likely the next day, to maintain the integrity of the topsoil. Once the excavation operation is completed, the property will be reseeded with native grass seed mix. This mining application is currently being reviewed by the DRMS and wilt also need to be processed as a Use by Special Review by Weld County. A complete copy of the 112c Application is on file for public viewing at the Weld County Clerk & Recorder's Office at 1250 H Street, Greeley Colorado. You may contact the Division of Reclamation, Mining, and Safety Office at (303) 866-3567, or contact me at (303) 809-2128,for additional -information of to ask questions about the proposed topsoil excavation process. Best regards, Richard L. Miller, AICP Progressive Planning Services of Colorado enclosures Structure Agreement This letter has been provided to you as the owner of a structure on or within two hundred (200) feet of a proposed mine site. The State of Colorado, Division of Reclamation, Mining and Safety ("Division") requires that where a mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred (200) feet of the affected land, the Applicant shall either: a) Provide a notarized agreement between the Applicant and the Person(s) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure; or b) Where such an agreement cannot be reached, the Applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or c) Where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. ( Construction Materials Rule 6.3.12 and Rule 6.4.19 & Hard Rock/Metal Mining Rule 6.3.12 and Rule 6.4.20) The Colorado Mined Land Reclamation Board ("Board") has determined that this form, if properly executed, represents an agreement that complies with Construction Materials Rule 6.3.12(a), Rule 6.4.19(a), and C.R.S. § 34-32.5-115(4)(e) and with Hard Rock/Metal Mining Rule 6.3.12(a), Rule 6.4.20(a), and C.R.S. § 34-32-115(4)(d). This form is for the sole purpose of ensuring compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to any private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the Division. The following structures are located on or within 200 feet of the proposed affected area: 1. Weld County Road 49 Right -of -Way (Parcel ID Nos.: 096319200001, 096124100005, and 096319200003) 2. 3. 4. 5. (Please list additional structures on a separate page) Weld County Road 49 for Craig Signature 2-15-24.pdf CERTIFICATION The Applicant. Western Equipment & Truck Inc Mine # I (print applicant/company name), by Craig Sparrow (print representative's name), as President (print representative's title), does hereby certify that Weld County (structure owner) shall be compensated for any damage from the proposed mining operation to the above -listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Western Equipment & Truck Inc Mine # I (operation name), File Number M-2023-042. This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land -Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or ration to this form shall result in voiding this forte NOTARY FOR PERMIT APPLICANT ACKNOWLEDGED BY: Applicant: Western Equipment & Truck Inc Mine No. I Representative Name: Title: President STATE OF COLORADO) COUIsITY OF V J ) The foregoing was acknowledged before me ties( 1P- day ofFE1514,444. 2024, by Craig Spnero as ' 'dent of Western Equipment & Truck Inc Mine No. I. — — .►� My Commission Expires: 1 of 1 CARLA RAE HARDING RY PUBLIC - STATE OF COLORADO ID 20224038084 MY COMMISSION EXPIRES SEP 29, 2026 2/15/2024, 3:28 PM CERTIFICATION The Applicant, Western Equipment & Truck Inc Mine # 1 (print applicant/company name), by Craig Sparrow. (print representative's name), as President (print representative's title), does hereby certify that Weld County (structure owner) shall be compensated for any damage from the proposed mining operation to the above -listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Western Equipment & Truck Inc Mine # 1 (operation name), File Number M-2023-042. This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form. NOTARY FOR PERMIT APPLICANT ACKNOWLEDGED BY: Applicant: Western Equipment & Truck Inc Mine No. 1 Representative Name: Craig Sparrow Date: , 2024 Title: President STATE OF COLORADO) ) ss. COUNTY OF ) The foregoing was acknowledged before me this day of , 2024, by Craig Sparrow as President of Western Equipment & Truck Inc Mine No. 1. My Commission Expires: Notary Public NOTARY FOR STRUCTURE OWNER ACKNOWLEDGED BY: Structure Owner: Weld County Name: Date: Title: STATE OF COLORADO) ) ss. COUNTY OF The foregoing was acknowledged before me this day of , 2024, by as of Weld County. My Commission Expires: Notary Public Ny/�4%III 1 Al Weld County Right -of -Way for WCR 49 (Parcel IDs: 096319200001, 096124100005. & 096319200003) 26964 T _:KERSEY • Ilb allat Proposed Western Equipment & Truck Inc Mine No. 1 a .n.- �I A GUM LJi �: 0.4r�1) �16 -114-45 Three Weld ) 'or;- ``-'1,----aft, County Parcels within ?.00' of Proposed Mine NORTH Parcel Data - Weld County Assessor for WCR 49 (For Structure Agreement Notification) 096319200001 County: Weld, CO Municipality: Greeley Parcel Id: 096319200001 ! Zip Code: 80631 Owner: WELD COUNTY Acreage: 0.59 (calculated) Land Cover: Cultivated Crops: 0.59ac (100%) Crop Cover: Fallow/Idle Cropland: 0.19acc (32.2%), Corn: 0.18ac (30.5%), Grassland/Pasture: 0.13ac (22.0%), Winter Wheat 0.09ac (15.3%) Elevation Ft 4632 Sale Price: 0.00 Ngh Code: 0790 Mkt Val Land: 270.00 Mkt Val Bldg: 0.00 Mkt Val Tot 270.00 Mailing: 1150 O ST GREELEY CO 806319596 Num Buildings: 0 PT NW4 19 5 64 BEG NW4 COR N89D10'E ALONG N LINE OF NW4 99.81 S00D49'E TO A POINT OF EXISTING S ROW OF US HWY 34 30' TO POB N89D10'E 111.53 S61 D55'W 110.79 Legal Desc: S23D01 W 108.93 S00D26 E 472.05 S89D10'W 40.00 N00D26'W 272.56 N89D33 E 20.00 N00D26'W 300.00 N44D Section Township 19 -5N -64W Range: Latitude: 40.3915451761577 Longitude: -104.601570280342 School District Platte Valley School District RE -7 Alternate Id 1: R6786663 Robust Id: AAAfu-GbC5pINO9b Updated: 2023-08 096124100005 County: Weld, CO Municipality: Greeley Parcel Id: 096124100005 ZW Zip Code: 80631 Owner: WELD COUNTY Acreage: 1.61 (calculated) Land Cover: Developed High Intensity: 0.63ac (39.4%), Developed Low Intensity: 0.48ac (29.9%), Cultivated Crops: 0.40ac (25.1%), Developed Medium Intensity: 0.09ac (5.6%) Crop Cover: Developed/Low Intensity: 1.16ac (72.0%), Corn: 0.40ac (24.8%), Developed/Open Space: 0.04ac (2.5%), Grassland/Pasture: 0.01 ac (0.6%) Elevation Ft 4632 Sale Price: 0.00 Ngh Code: 6037 Mkt Val Land: 560.00 Mkt Val Bldg: 0.00 Mkt Val Tot 560.00 Mailing: 1150 O ST GREELEY CO 806319596 Num Buildings: 0 N2NE4 23-5-65 COMM NE4 S00D26'E 79.65 ALONG E LINE OF N2NE4 S89D33'W 50 TO POB Legal Desc: . S00D26'E 300 N89D33'E 20 S00D26'E 937.22 S89D52'W 40 N00D26'W 1168.08 N33D00'W 99.45 N67D19'W 92.20 N89D57'E 108.34 S45D14'E 70.95 TO POB Section Township 24 -5N -65W Range: Latitude: 40.3895034640689 Longitude: -104.601976698827 School District Platte Valley School District RE -7 Alternate Id 1: R6786661 Robust Id: AAAfu6HSCeLozFPk Updated: 2023-08 096319200003 County: Weld, CO Municipality: Greeley Parcel Id: 096319200003 Zit Zip Code: 80631 Owner: WELD COUNTY Acreage: 2.11 (calculated) Land Cover: Developed Low Intensity: 0.93ac (44.0%), Cultivated Crops: 0.58ac (27.7%), Developed High Intensity: 0.33ac (15.7%), Developed Medium Intensity: 0.27ac (12.6%) Crop Cover: Developed/Low Intensity: 1.23ac (58.3%), Grassland/Pasture: 0.42ac (19.9%), Developed/Open Space: 0.30ac (14.2%), Corn: 0.10ac (4.7%), Fallow/Idle Cropland: 0.06ac (2.8%) Elevation Ft 4633 Sale Price: 0.00 Ngh Code: 0790 Mkt Val Land: 700.00 Mkt Val Bldg: 0.00 Mkt Val Tot 700.00 Mailing: 1150 O ST GREELEY CO 806319596 Num Buildings: 0 PT NW4 19-5-64 COMM NW COR N00D26'W 453.76 N89D33'E 30 TO POB N00D26'W Legal Desc: 1528.16 N89D10'E 40 S00D26 E 1518.73 S75D56'W 41.16 TO POB Section Township 19 -5N -64W Range: Latitude: 40.388171949568 Longitude: -104.601742902065 School District: Platte Valley School District RE -7 Alternate Id 1: R6786665 Robust Id: AAAfu5XKjM5Idu4P Updated: 2023-08 Mariah Higgins From: Sent: To: Cc: Subject: Attachments: Good morning, Mariah Higgins Thursday, March 7, 2024 10:20 AM 'rmiller@ppsofco.com' Chloe White STRUCTURE AGREEMENT - Western Equipment & Truck Western Equipment & Truck Mine #1.pdf The Clerk to the Board's Office received your structure agreement for Colorado Division of Reclamation, Mining, and Safety (DRMS) Reclamation Permit M-2023-042. Weld County will not be executing this agreement. Upon request, Weld County can provide our template structure agreement for execution, which requires a slope study. If you have any further questions or concerns, please do not hesitate to contact me. Thank you, Mariah Higgins Deputy Clerk to the Board Clerk to the Board's Office Weld County 1150 O Street Greeley, CO 80631 Tel: (970) 400-4225 Email: mhigginstc'D.weld. qov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Hello