HomeMy WebLinkAbout20242620.tiffPUBLIC NOTICE
BURNCO Colorado LLC is applying for an amendment to their MLRB permit to process sand and gravel and
stockpile material on the proposed amended site. The Site is within the southeast %of Section 12, Township 5
North, Range 65 West of the 6th Principal Meridian. The site is generally bounded on the south by WCR 58, on the
north and by the existing Nissen Sand and Gravel Mine, and on the east and west by rural residential, fallow fields,
and undeveloped parcels. The project is located in Weld County, Colorado.
The proposed date of commencement is Winter of 2025, and the proposed date of completion is winter 2030. The
proposed future use of the land is rangeland or dryland pasture.
Additional information and tentative decision date may be obtained from the Division of Reclamation Mining and
Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567, or at the Clerk to the Board of
County commissioners, or the above named applicant.
Comments must be in writing and must be received by the Division of Reclamation Mining and Safety by 4:00 p.m.
on December 3, 2024 (20th day after the 4th publication)
Please contact Joel Bolduc with BURNCO Colroado LLC at (303) 913-6583 if you have any questions or
comments regarding this application. Scheduled to be published in the Greeley Tribune on October
23, October 30, and November 6 and 13, 2024.
RECEIVED
OCT 31 2024
WELD COUNTY
COMMISSIONERS
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BURNCO COLORADO LLC
TRICYCLE AMENDMENT
DRMS 112 PERMIT SUBMITTAL
M-2003.001- AMOI
PREPARED FOR:
BURNCO Colorado, LLC
10100 Dallas St.
Henderson, CO 80640
PREPARED BY:
Civil Resources, LLC
323 5th Street
P.O. Box 680
Frederick, CO 80530
303.833.1416
DATE SUBMITTED TO DRMS: SEPTEMBER 2024
c:Rex
1019 1 -11-1
RECEIVED
OCT 0 1 2024
WELD COUNTY
COMMISSIONERS
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IOl1(z.4
2024-2620
STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: (303) 866-3567
FAX: (303) 832-8106
APPLICABILITY:
CONSTRUCTION MATERIAL
REGULAR (112) OPERATION
RECLAMATION PERMIT APPLICATION PACKAGE
COLORADO
DIVISION OF
RECLAMATION
MINING
-&-
SAFETY
This application package, is for a construction materials operation which affects 10 acres or more.
If you plan to' conduct a construction materials extraction operation which meets these criteria, please follow the instructions
provided in this package, in the Rules and Regulations, and in the Colorado Land Reclamation Act for the Extraction of
Construction Materials, as required.
RECOMMENDATIONS PRIOR TO FILING:
The Construction Material Rules and Regulations (the Colorado Land Reclamation Act for the Extraction of Construction
Materials, Section 34-32.5-101, et se_c., C.R.S., and 2 CCR 407-1) and the Colorado Mined Land Reclamation Board (the
"Board") regulate the permitting, operational and reclamation requirements for all construction material extraction operations in
Colorado. It is your obligation to comply with the Act and Regulations. You are encouraged to obtain and review a copy of the
Rules, available for $8.00 from the Division of Reclamation, Mining, and Safety (the "Office"). In order to submit your
application properly, it is recommended that you review the Act and:
Rule 1.1 Definitions;
Rule 1.4.1 Application Review and Consideration Process;
Rule 1.4.5 Specific Requirements for Regular 112 Operations;
Rule 1.6 Public Notice Procedures;
Rule 3.1 Reclamation Performance Standards;
Rule 3.3.1 Operating without a Permit - Penalty;
Rule 4 Performance Warranties and Financial Warranties;
Rule 6 Permit Application Exhibit Requirements;
Rule 6.2 General Requirements of Exhibits;
Rule 6.4 Specific Permit Application Exhibit Requirements; and
Rule 6.5 Geotechnical Stability Exhibit.
It is recommended that you contact the agencies listed in the application section titled "Compliance With Other Laws" prior to
submitting the application to the Office .
Office of
Mined Land Reclamation
Office of
Denver • Grand Junction • Durango Active and Inactive Mines
FILING REQUIREMENTS:
In order to apply for a Reclamation Permit for a Regular 112 Operation, please provide:
° One (1) signed and notarized completed ORIGINAL and one (1) copy of the completed original Regular 112
Operation Application Form. ORIGINAL SIGNATURES MUST BE DONE IN BLUE INK.
° Two (2) copies of Exhibits A -S (required sections described in Rule 6).
° Two (2) copies of Addendum 1 - Notice requirements (described in Rule 1.6.2(1)(b)). A sample of this notice is
attached for your use.
° The Geotechnical Stability Exhibit when required by the Division.
° The application fee.
The ninety (90) day period for review of the application and exhibits will NOT begin until all required information and fee are
submitted. The Office will then review the submitted information for adequacy.
NOTICE REQUIREMENTS:
1. You MUST send a notice, on a form approved by the Board, to the local board of county commissioners. A
copy of this "Notice of Filing Application" form is attached for your use.
2. If the mining operation is within the boundaries of a conservation district, send a notice to the board of
supervisors of the conservation district, PRIOR to filing the application. A copy of this "Notice of Filing
Application" form is attached for your use.
3. You MUST include proof of notice #1 and #2 above with the application at the time the application is
submitted to the Office for filing (Rule 1.6.2(1)(g)).
4. PRIOR to filing the application, place for public review a copy of the application, less confidential items, with
the clerk or recorder of the county or counties in which the affected land is located.
5. You MUST include an affidavit or receipt demonstrating that the application was filed with the county clerk
or recorder at the time the application is submitted to the Office for filing.
6. Any changes or additions made to an application submittal MUST be filed with the county clerk or recorder.
You MUST also provide the Office with an affidavit or receipt demonstrating that the change was filed with the
county clerk or recorder no later than the close of business on the day the change was filed with the Office
(Rule 1.8.1(2)).
7. Within ten (10) days after your application is considered filed, you must publish four times in a newspaper of
general circulation, in the locality of the proposed mining operation, the notice described in Rule 1.6.2(1)(d).
8. In addition, after the first publication you must mail or personally serve a copy of the notice described in
Rule 1.6.2(1)(d) to all owners of record of surface rights to the affected land and all owners of record of lands that
are within 200 feet of the boundary of the affected land (Rule 1.6.2(1)(e)). A copy of a form which includes all
required information for the notice is attached for your use.
9. Prior to the Office making a decision (consideration of the application), you MUST submit a copy of the proof
of publication from the newspaper and proof of all required notices. Proof of the notices may be by submitting
copies of return receipts of a certified mailing or by proof of personal service (Rules 1.4.1(4), 1.4.2(4)(c),
1.6.2(1)(a)(ii), and 1.6.2(1)(g)).
The copy of the application and any changes or additons placed at the office of the county clerk or recorder shall NOT be
recorded, but shall be retained there for at least sixty (60) days after a decision on the application by the Office and be
available for inspection during this period. At the end of this period, the application may be reclaimed by the applicant or
destroyed (Rule 1.6.2(2)).
APPLICATION REVIEW PROCEDURES:
The Office shall approve or deny the application within ninety (90) days of filing unless the date for consideration by the
Office is extended pursuant to Rule 1.8. The time for consideration shall not be extended beyond ninety (90) days after the last
such change submitted. For complex applications, the review period may be extended an additional sixty (60) days. Please
see Rule 1.1(10) for the definition of what constitutes a complex application.
APPLICATION APPROVAL/DENIAL:
If the requirements of the Act and Mineral Rules have been satisfied, the Office will approve the application. The Act also
provides for automatic approval if no action is taken by the Office by the end of the review period.
If the Act and Regulation requirements have not been satisfied, the Office will deny the application. If the Office denies the
application, you may appeal to the Board for a final determination by submitting a written request for administrative appeal to
the Board within 60 days of the decision date (Rule 1.4.7).
PERFORMANCE AND FINANCIAL WARRANTIES:
A performance warranty, and a financial warranty dollar amount determined during the application review process, must be
submitted and approved by the Office PRIOR to permit issuance. A financial warranty should NOT be submitted until a
decision on the application has been made. If the applicant is a unit of state or county government, then ONLY a performance
warranty is required.
Several different types of financial warranties are allowed by the law. Please review Rule 4.0 to determine which type of
financial warranty you desire to use. You may obtain the appropriate warranty forms from the Office during the application
review period.
Please note that an application approval DOES NOT convey a right to begin operations. You MUST submit, and have
approval of your performance and financial warranties, and receive your copy of the signed permit document PRIOR to
beginning on -site mining activity.
AUTOMATIC PERMIT APPROVAL:
An automatic approval will occur where the Office fails to notify the applicant/operator that the application has been denied.
This decision must be made ninety (90) calendar days from the date the application was determined to have been filed.
However, the performance and financial warranties must be submitted and approved by the Office before the permit will be
issued even if you receive an automatic approval. NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT IS
ISSUED (Section 34-32.5-109(1), C.R.S.).
COMPLIANCE WITH OTHER LAWS:
Compliance with the Act and Rules and Regulations of the Mined Land Reclamation Board DOES NOT relieve you of your
responsibility to comply with all other applicable state and federal laws. We recommend that you contact the following
agencies to determine whether you need to comply with their legal requirements:
The Colorado State Historical Preservation Office regarding properties of historical significance including the need for
an archeological survey, procedures for requesting a file search, and inventory forms to identify structures.
Colorado Division of Water Resources with regard to water rights;
Colorado Department of Health, Water Quality Control Division, with regard to the discharge of pollutants into the State
waters;
Colorado Department of Health, Air Pollution Control Division, with regard to the need for a fugitive dust permit;
U.S. Bureau of Land Management or the U.S. Forest Service if the proposed operation will occur on federal lands;
U. S. Army Corps of Engineers regarding a dredge and fill (404) permit; and
The County Planning Department for the county or counties in which your proposed operation is located.
Section 34-32.5-109(3), C.R.S, requires a mining operator to be responsible for assuring that the mining operation and
the post -mining land use comply with local land use regulations and any master plan for extraction adopted pursuant to
Section 34-1-304, C.R.S.
COMPLETION OF MINING:
Upon completion of any phase of reclamation, you should consult Rule 3.1 for reclamation standards and 4.16 for details on
how to request a reclamation responsibility release from the Board.
STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: (303) 866-3567
FAX: (303)832-8106
CONSTRUCTION MATERIALS
REGULAR (112) OPERATION
RECLAMATION PERMIT APPLICATION FORM
COLORADO
DIVISION OF
RECLAMATION
MINING
- &-
SAFETY
CHECK ONE: ❑✓ There is a File Number Already Assigned to this Operation
Permit # M2D 0.3 00.1 (Please reference the file number currently assigned to this operation)
ELNew Application (Rule 1.4.5) El_ Amendment Application (Rule 1.10)
Conversion Application (Rule 1.11)
Permit # M - 01 (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 ORIGINAL and one (1) copy of the completed
application form, two (2) 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):
1.1 Type of organization (corporation, partnership, etc.): LLC
2. Operation name (pit, mine or site name):
3. Permitted acreage (new or existing site):
3.1 Change in acreage (+)
3.2 Total acreage in Permit area
134
28
162
permitted acres
acres
acres
4. Fees:
4.1 New Application $2,696.00 application fee
4.2 New Quarry Application $3,342.00 quarry application
4.4 Amendment Fee $2,229.00 amendment fee
4.5 Conversion to 112 operation (set by statute) $2,696.00 conversion fee
SAND GRAVEL OVERBURDEN
5. Primary commoditie(s) to be mined:
1,030,088 tons
5.1 Incidental commoditie(s) to be mined: 1. - 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: CONSTRUCTION MATERIALS
5.3 Anticipated end use of incidental commoditie(s) to be mined:
-2-
6. Name of owner of subsurface rights of affected land: CCWCD & TLT LLC
If 2 or more owners, "refer to Exhibit O".
7. Name of owner of surface of affected land: CCWCD & TLT LLC
8. Type of mining operation:
Surface Underground
9. Location Information: The center of the area where the majority of mining will occur:
COUNTY:
PRINCIPAL MERIDIAN (check one): El 6th (Colorado) f1 10th (New Mexico)
SECTION (write number): S
TOWNSHIP (write number and check direction): T
RANGE (write number and check direction): R a East El West
QUARTER SECTION (check one): ter., r D SW
QUARTER/QUARTER SECTION (check one): NE NW I - ' SE SW
mute
✓a North a South
GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation):
2 miles east of Greeley and 2 miles west of Kersey.
10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM):
Latitude/Longitude:
Example: (N) 39° 44' 12.98"
(W) 104° 59' 3.87"
Latitude (N): deg min sec (2 decimal places)
Longitude (W): deg min sec (2 decimal places)
OR
Example: (N) 39.73691°
(W) -104.98449°
Latitude (N) (5 decimal places)
Longitude(W) (5 decimal places)
OR
Universal Tranverse Mercator (UTMj
Example: 201336.3 E NAD27 Zone 13
4398351.2 N
UTM Datum (specify NAD27, NAD83 or WGS 84) Nad 83 Zone 13
Easting 533407.16 m E
Northing 4473211.17 m N
-3-
11. Correspondence Information:
APPLICANT/OPERATOR (name, address, and phone of name to be used on permit)
JOEL BOLDUC
Contact's Name:
Company Name:
Street/P.O. Box:
City:
State:
Telephone Number:
Fax Number:
BURNCO COLORADO LLC
Title:
10100 Dallas St.
Henderson
P.O. Box:
CO Zip Code: 80640
(303 ) _ 913 6583
( )-
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name: Andy Rodriguez Title: Project Engineer
Company Name: Civil Resources LLC
Street/P.O. Box: 8308 Colorado Blvd P.O. Box:
City: Firestone
State: Co Zip Code: 80504
Telephone Number: (303 ) _ 833-1416
Fax Number: ( ) -
INSPECTION CONTACT
Contact's Name: JOEL BOLDUC Title: Land Resource Manager
Company Name: BURNCO COLORADO LLC
Street/P.O. Box: 10100 Dallas St. P.O. Box:
City: Henderson
State: CO Zip Code: 80640
Telephone Number: (303 ) _ 913 6583
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: ( ) -
-4-
12. Prima future (Post -mining) land use (check one):
LJ Cropland(CR) El Pastureland(PL) General Agriculture(GA)
n Rangeland(RL) II Forestry(FR) Wildlife Habitat(WL)
ElResidential(RS) _O Recreation(RC) Industrial/Commercial(IC)
Developed Water Resources(WR) ]=1 Solid Waste Disposal(WD)
13. Primary present land use (check one :
Cropland(CR) ✓ Pastureland(PL) General Agriculture(GA)
O Rangeland(RL) Forestry(FR) { Wildlife Habitat(WL)
Residential(RS) E Recreation(RC) II Industrial/Commercial(IC)
Developed Water Resources(WR)
14. Method of Mining: Briefly explain mining method (e.g. truck/shovel):
Dry mining via earth moving equipment and conveyors. The amendment area will not be mined.
15. On Site Processing: Crushing/Screening
13.1 Briefly explain mining method (e.g. truck/shovel):
Dry mining via earth moving equipment and conveyors. The amendment area will not be mined.
List any designated chemicals or acid -producing materials to be used or stored within permit area:
16. Description of Amendment or Conversion:
If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s).
This amendment is intended to add land to the southeast of the gravel pit operations. The
amendment area will become the location of the gravel processing area and stockpiled material
to allow for mining of the original 134 acre mine. The amendment area will not be mined for
sand and gravel and will be reclaimed as rangeland.
-5 -
Maps and Exhibits:
Two (2) 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 ad 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 two (2) 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(I)(b):
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT H
EXHIBIT I
EXHIBIT J
EXHIBIT K
EXHIBIT L
EXHIBIT M
EXHIBIT N
EXHIBIT O
EXHIBIT P
EXHIBIT Q
EXHIBIT R
EXHIBIT S
Rule 1.6.2(1)(b)
Rule 6.5
Legal Description
Index Map
Pre -Mining and Mining Plan Map(s) of Affected Lands
Mining Plan
Reclamation Plan
Reclamation Plan Map
Water Information
Wildlife Information
Soils Information
Vegetation Information
Climate Information
Reclamation Costs
Other Permits and Licenses
Source of Legal Right -To -Enter
Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined
Municipalities Within Two Miles
Proof of Mailing of Notices to County Commissioners and Conservation District
Proof of Filing with County Clerk or Recorder
Permanent Man -Made Structures
ADDENDUM 1 - Notice Requirements (sample enclosed)
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 would like to schedule a pre -application meeting you may contact the Office at 303-866-3567.
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
d_not understand these obligations then please contact this Office for a full explanation.
1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal
liability for all reasonable expenses which the Board or the 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;
-6-
2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permitter
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;
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;
5. It is your responsibility to notify the Office of any changes in your address or phone number;
6. 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.
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.
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.
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 fmancial 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.
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.
-7 -
NOTE TO COMMENTORS/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.
-8 -
Certification:
As an authorized representative of the applicant, 1 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.
This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,0 R.S, of the Colorado Land
Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any
permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating
without a permit pursuant to section 34-32.5-123, C.B.S.
Signed and dated this 301* day of
&tM)(0 Colo- Jo [LC
Applicant/Operator or Company Name
Signed:
Seri -ember- , a0,1'1 .
Title: ts4.vtf '- PN 56 S 1 ' Itlo ,;(9 et -
State of ep(IJYIdk
) ss.
County of "i S )
14o pi
The foregoing instrumenk�wj`as acknowledged before me this 3C day of 2O , by Joel l*Jtuc, as Lapricuo ,Qa.vuvicehbejerof l3Ukizo colovado 1Lt
If Corporation Attest (Seal)
KRISTINA LEIGH KINGSLEY
Notary Public
State of Colorado
Notary ID # 20234038719
My Commission Expires 10-11-2027
Signed:
Corporate Secretary or Equivalent
Town/City/County Clerk
1:1*1.14P,•?:)KA,...4) 4,t4f6ipt,
Notary Public
My Commission expires: /O -11-
SIGNATURES MUST BE IN BLUE INK
You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a
EXHIBIT A - LEGAL DESCRIPTION
This information provided in this Exhibit is intended to satisfy the requirements outlined in Section
6.4.1 of the Colorado Mined Land Reclamation Board Construction Material Rules and
Regulations:
ORIGINAL PERMIT BOUNDARY (134.2 ACRES +/-):
A PARCEL OF LAND LOCATED IN SE4 & E2SW4 12 5 65 BEG ON N LN SE4 THAT IS NW COR
PARCEL 3 DESC IN BK 1457 REC #2404424 S0D22'W 1122' S32D44'W 86.88' S72D49'W
303.47' S75D04'W 264.43' S74D48'W 483.19' S74D23'W 1.82' S15D50'W 100.74' S74DW 896.22'
S89D58'W 188.96' N71D41'W 318.71' N87D51'W 96.01' S51 D20'W 559.17' TO N LN WCR 58
N40D48'W 28.29' N08D40'W 50.77' N40D48'W 102.17' TH ALG CURVE CONCAVE TO SW
624.42' (R=1046.45' CHORD N57D53'W 615.2') N74D59'W 192.02' TOW LN E2SE4 N0D20'W
296.22' N26D55'E 159.3' N40D10'E 249.18' N35D36'E 686.68' N49D53'E 236.39' N66D57'E
196.07' N79D49'E 222.6' S88D06'E 137.28' TOW LN SE4 TH N TO CEN OF SEC TH E TO POB
EXC PT N2SE4 LYING N OF BK 976 PG 291 EXC BEG S4 COR N48D58'W 719.08' NOD20'W
2628.98' TPOB N41E29'W 28.29' N09D22'W 50.77' N41.29'W 102.17' TPOB CURVE TO R
(R=1046.45') N58D35'W 615.20' N75D41'W 192.56' N0D23'W 49.70' CURVE TO R (R=1160')
S58D10'E 697.73' S40D40'E 115.27' TPOB, INCLUDING -6.9 ACRES OF THE NORTH PIECE
OF PARCEL 096112000130 (134.2 ACRES +/-)
AMENDED AREA DESCRIPTION (28.1 AMENDED ACRES +/-):
PROPERTY DESCRIPTION (FROM WELD COUNTY)
SOUTH PORTION OF LOT B - 2ND AMENDED RECORDED EXEMPTION NO 0961-12-4-
2AMRE-1053. PARCEL IS 35.0 ACRES +/-.
-6.9 ACRES OF THIS PARCEL WILL BE EXCLUDED AS IT WAS ORIGINALLY INCLUDED IN
THE M2003-001 PERMIT BOUNDARY.
PERMIT AREA AFTER AMENDMENT WILL BE
-162 ACRES (+/-)
BURNCO COLORADO LLC —Tricycle Amendment -Nissen Mine — MLRB 112 Permit Amendment Application
Exhibit A -1
EXHIBIT B - INDEX MAP
Please refer to the attached index map.
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BURNCO COLORADO LLC - Tricycle Amendment- Nissen Mine — MLRB 112 Permit Amendment Application
Exhibit B - 1
EXHIBIT C - PRE -MINING AND MINING PLAN MAPS OF AFFECTED LANDS
Please refer to the attached Existing Conditions Map and Mining Plan Map.
BUNRCO COLORADO LLC — Tricycle Amendment -Nissen Mine — MLRB 112 Permit Amendment Application
Exhibit C -1
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EXHIBIT D — MINING PLAN
This information provided in this Exhibit is intended to satisfy the requirements outlined in Section
6.4.4 of the Colorado Mined Land Reclamation Board Construction Material Rules and
Regulations:
(a)
Description of the method(s) of mining to be employed in each stage of the
operation as related to any surface disturbance on affected lands;
The proposed amendment includes the property adjacent to the southeast of the
original permitted mine.
Existing Conditions and Site Preparation:
Existing Conditions
The current Nissen Gravel Mine is actively being mined. The proposed amendment
area is a fallow piece of ground bounded on the north by the existing mine, the east
and west by small agricultural properties. WCR 58 bounds the property along it's
southern property line. The amendment area will be used for stockpiling and
processing. There will be no subsurface mining on the amendment area.
Site Preparation
Initial disturbance of the property will include: stripping the topsoil and overburden as
needed to construct the screening berms.
Mining:
Nissen Main Gravel Mine
The mining area will continue to be mined until mining is complete and a single water
storage cell is created.
The operator will develop and comply with a Stormwater Management Plan and Spill,
Prevention, Control and Countermeasures Plan. The operator will notify the Division
of Mine Safety and Reclamation in the event of a reportable spill.
Processing:
All material mined under this proposed application will be transported by conveyor or
haul truck to the processing area on the amendment area.
Import Material:
BURNCO may import material from other sites. The applicant is aware that in
accordance with Rule 3.1.5(9) of the Construction Material Rules and Regulations, if
any offsite material is used as backfill, a notarized letter will be submitted to the
Division indicating the materials are inert. The applicant will supply such a letter to the
Division if, at the time of Reclamation, the applicant intends to use off -site material as
backfill.
BURNCO COLORADO LLC — Tricycle Amendment -Nissen Mine — MLRB 112 Permit Application
Exhibit D -1
(b) Earthmoving;
Topsoil and overburden will be stripped with scrapers or bulldozers and stockpiled
along the permit boundary as depicted on Exhibit C of the mining plan map (Sheet 3).
(c) All water diversions and impoundments; and
Excess water in the pit is pumped into a settling pond and discharged in accordance
with a CDPS permit. Wash water for the processing area is recycled through a series
of small ponds within the processing area. The water required to operate the facility is
provided by the existing water rights associated with the property. No ditches will be
disturbed without prior authorization of the appropriate ditch company.
(d) The size of area(s) to be worked at any one time.
60 acres.
(e) An approximate timetable to describe the mining operation. The timetable is for
the purpose of establishing the relationship between mining and reclamation
during the different phases of a mining operation.
The Operator anticipates extracting approximately 500,000 tons to 1,000,000 tons of
aggregate per year, however, production rate may vary based on market demands.
Timetable for Mining and Reclamation
There is approximately 3 to 5 years of mining reserves remaining in the main mine.
Phase1 will be mined first, then Phase 2 and Phase 3.
Reclamation will begin immediately after mining is complete. When possible,
concurrent reclamation practices will be used to minimize site disturbance and to limit
material handling to the greatest extent possible. Please refer to the Mining Plan Map
in Exhibit C (Sheet 3) for phase areas to be mined, locations and areas.
(f) Use Mining Plan Map in conjunction with narrative to present:
(i.) Nature, depth and thickness of the deposit and thickness and type of
overburden to be removed
The bedrock depths in the proposed mine areas ranged from approximately 35
feet to 50 feet below the ground surface.
(ii.) Nature of the stratum immediately beneath the material to be mined in
sedimentary deposits
The site is located approximately 25 miles east of the foothills of the Colorado
Front Range on the western flank of the Denver Structural Basin. The basin is a
BURNCO COLORADO LLC — Tricycle Amendment -Nissen Mine — MLRB 112 Permit Application
Exhibit D - 2
downwarp of sedimentary strata that tends north-northwest, parallel to the
mountain front. In the project area, the sedimentary bed dips gently eastward
toward the axis of the basin east of the site. Based on regional geologic mapping
(Colton, 1978), the near surface bedrock in the project area is the Paleocene and
Upper Cretaceous Denver and Arapahoe Formations. The bedrock is overlain by
upper Pleistocene and Holocene (Quarternary age) gravel deposits and eolian
(wind blown) overburden soils. The gravel deposits exist primarily within the
Broadway Alluvium deposit. The bedrock unit consists mainly of claystone and
may contain lenses of siltstone and sandstone.
(g) Identify the primary and secondary commodities to be mined/extracted and
describe the intended use.
The primary commodities are sand, gravel and fill; intended for construction materials.
(h) Name and describe the intended use of all expected incidental products to be
mined/extracted by the proposed operation.
There are no expected incidental products to be mined.
(i) Specify if explosives will be used in conjunction with the mining (or reclamation)
No explosive material will be used on -site.
BURNCO COLORADO LLC — Tricycle Amendment -Nissen Mine — MLRB 112 Permit Application
Exhibit D - 3
EXHIBIT E — RECLAMATION PLAN
This information provided in this Exhibit is intended to satisfy the requirements outlined in Section
6.4.5 of the Colorado Mined Land Reclamation Board Construction Material Rules and
Regulations: The proposed mining and reclamation plan focuses on minimizing the ecological
impacts of mining, minimizing the length of time of impact, and maximizing long-term benefits.
With this amendment, the mine will consist of two areas:
Nissen Mine Area:
The mining area will now consist of one cell. The initial 2003 permit application
anticipated multiple cells however with removal of oil and gas facilities, one cell is
viable.
Tricycle Amended Area:
Fallow ground, to be used for stockpiled material and processing.
(a) A description of the type(s) of reclamation the Operator proposes to achieve in the
reclamation of the affected land, why each was chosen, the amount of acreage
accorded to each, and a general discussion of methods of reclamation as related to
the mechanics of earthmoving;
The mined area will be reclaimed to existing grade. Refer to Exhibit F for the acreages
and additional details.
Earthmovinq
The topsoil will be replaced by a scraper and generally graded with a blade. All grading
will be done in a manner that controls erosion and siltation of the affected lands, to protect
areas outside the affected land from slides and other damage. In addition, all backfilling
and grading will be completed as soon as feasible after the mining process. All disturbed
areas will be regraded and smoothed to a finished grade that is suitable for revegetation or
the final land use.
As noted previously, the area will be reclaimed as mining commences. Finish grading,
topsoil placement and seeding will occur once the resource is completely removed. A
typical cross-section of the shoreline is included on the Reclamation Plan Map.
(b) A comparison of the proposed post -mining land use to other land uses in the
vicinity and to adopted state and local land use plans and programs.
Once returned to existing (pre -mined) grade, the original site can be used as water storage
and the amendment area to rangeland. The water storage reservoir will be compatible
with the other land uses in the vicinity, which includes farmland, industrial land, and rural
residential.
(c) A description of how the Reclamation Plan will be implemented to meet each
applicable requirement of Section 3.1.
BURNCO COLORADO LLC — Tricycle Amendment -Nissen Mine — MLRB 112 Permit Application
Exhibit E -1
The Operator will carry reclamation to completion with reasonable diligence. Reclamation
will be completed within one to two years from completion of mining, but not more than five
years from the date the Operator informs the Board or Office that mining has been
completed.
Section 3.1.5 Reclamation Measures Material Handling: Grading will be performed to
help control erosion and siltation of the affected lands through phased mining,
implementing good operation techniques to handle material as little as possible, and
vegetation of stockpiles remaining in place for more than one growing season. Although
the use of erosion protection devices is not anticipated, if deemed necessary by the
operator at the time of excavation, silt fence and haybale dams will be installed to prevent
erosion. Backfilling and grading will be completed as soon as feasible after the mining
process is complete.
Maximum slopes and slope combinations will be compatible with the configuration of
surrounding conditions and selected land use. Mining will occur at a slope that is stable.
The site will be reclaimed to grades consistent with pre -mining elevations.
The operator will backfill using fill material generated on -site, or imported inert fill
generated outside the permit area. If any inert off -site material is used as backfill, a
notarized letter will be submitted to the Division as required by Section 3.1.5(9) of the
MLRB Construction Material Rules and Regulations.
It is not anticipated that mining will uncover any refuse or acid-forming or toxic producing
materials, however if any such materials are encountered the operator will take precaution
to handle the materials in a manner that will control unsightliness and protect the drainage
system.
Drill or auger holes that are part of the mining operation shall be plugged with non-
combustible material, which shall prevent harmful or polluting drainage. Any test pits, soils
boring holes, or monitoring wells not located within the mine excavation limits will be
plugged as soon as it can be confirmed that they are no longer needed for the operation.
Mined material to be disposed of within the affected area will be handled in such a manner
so as to prevent any unauthorized release of pollutants to the surface drainage system.
No unauthorized release of pollutants to groundwater shall occur from any materials
mined, handled or disposed of within the permit area.
Section 3.1.6 Water -General Requirements: The Operator will comply with applicable
Colorado water laws governing injury to existing water rights and with applicable state and
federal water quality and dredge and fill laws and regulations.
The operator will develop and comply with a stormwater management plan and will use
best management practices (BMPs) to ensure groundwater and surface water are
protected to the greatest possible extent. BMPs include schedules of activities,
prohibitions of practices, maintenance procedures and other management practices to
prevent or reduce the pollution in runoff from the site.
BURNCO COLORADO LLC — Tricycle Amendment -Nissen Mine — MLRB 112 Permit Application
Exhibit E - 2
Section 3.1.7 Groundwater - Specific Requirements: The Operator will comply with the
applicable standards and conditions for classified and unclassified groundwater.
Section 3.1.8 Wildlife: The mining and reclamation plans have been designed to account
for the safety and protection of wildlife on the mine site. The Operator will use concurrent
reclamation methods to minimize the impact on wildlife. The proposed reclamation plan
may improve wildlife habitat. The proposed seed mix and plantings will create improved
cover, foraging, roosting, and nesting areas for wildlife. The water area within the reservoir
will serve as habitat for waterfowl and other bird species and the fringes of the reservoir
will be used by mammal, bird, reptile and amphibian species. Control and/or removal of
noxious and weedy species during the project and the replacement of desirable graminoid,
forb, shrub and tree species during reclamation will result in enhancement of wildlife
habitat on the project site.
Section 3.1.9 Topsoiling: Topsoil shall be removed and segregated from other spoil.
Topsoil stockpiles shall be stored in places and configurations to minimize erosion and
located in areas where disturbance by ongoing mining operations will be minimized. Once
stockpiled, topsoil shall be rehandled as little as possible. Stockpiles that will remain in
place for more than one growing season will receive vegetative cover, as outlined on the
Reclamation Plan Map, as soon as possible to minimize erosion.
Section 3.1.10 Revegetation: In those areas where revegetation is part of the
reclamation plan, the land shall be revegetated in a manner that establishes a diverse,
effective, and long-lasting vegetative cover that is capable of self -regeneration without
continued dependence on irrigation or fertilizer and is at least equal in extent of cover to
the natural vegetation of the surrounding area. The proposed seed -mix and plantings for
reclamation are outlined on the Reclamation Plan map included in Exhibit F of this
application.
Section 3.1.11 Buildings and Structures: Please refer to the enclosed Reclamation Plan
map included in Exhibit F.
Section 3.1.12 Signs and Markers: The Operator will post appropriate signage at the
entrance to the mine site. The permit area will be marked by existing fencing, or proximity
to existing County roads.
(d) Plans for topsoil segregation, preservation and replacement; for stabilization,
compaction and grading of spoil; and for revegetation.
Topsoil will be removed and segregated from other spoil. Topsoil not needed for
reclamation may be sold or removed from the site. For reclamation, topsoil will be
replaced by a scraper and generally graded with a blade. Grading shall be done in a
manner that controls erosion and siltation of the affected land and protects areas outside
the affected land from slides and other damage. In addition, backfilling and grading shall
be completed as soon as feasible after the mining process.
BURNCO COLORADO LLC — Tricycle Amendment -Nissen Mine — MLRB 112 Permit Application
Exhibit E - 3
Final grading will create a final topography that is appropriate for the final land use. For
example, grades on the site will be returned to existing (pre -mining) grade. Topsoil will be
uniformly placed and spread on areas disturbed by the mining. The minimum thickness
shall be 6 inches above the surrounding finished grade, consistent with existing topsoil
depths on -site. The topsoil shall be keyed to the underlying and surrounding material by
the use of harrows, rollers or other equipment suitable for the purpose.
In those areas where revegetation is part of the reclamation plan, the Operator will
revegetate the land in such a manner so as to establish a diverse, effective, and long-
lasting vegetative cover that is capable of self -regeneration without continued dependence
on irrigation or fertilizer and is at least equal in extent of cover to the natural vegetation of
the surrounding area. Seed will be drilled and mulched.
The revegetation seeding and plant list on the Reclamation Plan Map contains the
preferred species of grasses, shrubs and trees to be planted.
Seeding will take place once final grading and replacement of topsoil have been
completed. Timing of seeding will be consistent with standard horticultural practice for
dryland applications - generally between late September and the middle of April to ensure
there is adequate moisture for germination.
(e) A plan or schedule indicating how and when reclamation will be implemented.
Include:
i. An estimate of the periods of time which will be required for the various stages or
phases of reclamation.
Please refer to the Timetable for Mining and Reclamation in Section (e) of Exhibit D.
ii. A description of the size and location of each area to be reclaimed during each
phase.
Please refer to the Reclamation Plan Map (Exhibit F).
iii. Outlining the sequence in which each stage or phase of reclamation will be carried
out.
Please refer to the Timetable for Mining and Reclamation in Section (e) of Exhibit D.
(f) A description of:
Final grading — maximum anticipated slope gradient or expected ranges thereof;
The finished slopes of the reservoir will be 3 horizontal to 1 vertical. Any area reclaimed to
native grade will match natural topography.
ii. Seeding - types, mixtures, quantities and time of application;
Please refer to the Reclamation Plan Map for the list of plant materials and seeds to be
utilized. The operator will seed during the appropriate season to ensure adequate
moisture for germination and implement weed controls to allow the grasses to successfully
BURNCO COLORADO LLC - Tricycle Amendment -Nissen Mine - MLRB 112 Permit Application
Exhibit E - 4
establish. Additional plantings may be installed once the reservoirs are full of water and
the grasses are established.
iii. Fertilization —types, mixtures, quantities, and time of application;
The type and application rate of fertilizer shall be determined based on a soil test at the
time of final reclamation.
iv. Revegetation — types of trees, shrubs, etc.; and
Please refer to the Reclamation and Landscape Plan Maps for the types, quantities and
location of trees and shrubs to be planted.
v. Topsoiling — specify anticipated minimum depth or range of depths for those areas
where topsoil will be replaced.
Topsoil will be uniformly placed and spread on all areas disturbed by the mining above the
anticipated high water line. The minimum thickness shall be 6 inches above the
surrounding finished grade.
WEED MANAGEMENT PLAN
BURNCO monitors noxious weeds and employs contractors as needed for controlling weeds.
Weeds are preferably controlled by mechanical means (mowing or discing). If necessary weeds
are killed with a contact herbicide by a licensed sprayer.
BURNCO COLORADO LLC — Tricycle Amendment -Nissen Mine — MLRB 112 Permit Application
Exhibit E - 5
EXHIBIT F— RECLAMATION PLAN MAP
Please refer to the attached Reclamation Plan Map (Sheet 4).
BURNCO COLORADO LLC — Tricycle Amendment -Nissen Mine — MLRB 112 Permit Application
Exhibit F -1
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