HomeMy WebLinkAbout20194076.tiffg Q COLORADO RECEIVED
Division of Reclamation,
Mining and Safety
Department of Natural Resources JUL
462012
COMMISSIONERS
NOTICE
Consideration of Construction Materials Reclamation Permit
Surety Release Request Application
DATE: June 29, 2022
TO: Weld County Commissioners
1150 O St
Greeley, CO 80631
FROM: Robert D. Zuber, P.E.
RE: Motorcross Borrow Pit - File No. M-2019-041, SEMA Construction, Inc.
Surety Release Request Application (SL -1)
Full/Final Release
Please be advised that on June 29, 2022, SEMA Construction, Inc., whose address and telephone number
are 7353 S Eagle St, Centennial, CO 80112; (303) 910-9217, filed an application for a/an Surety Release
Request (SL- 1)to M2019041, Motorcross Borrow Pit, which is located approximately 4.5 miles East of
Berthud, CO, Section 22, Township 4N, Range 66W, 06th Principle Meridian, in Weld County.
This application is a requesst for final release of permit number M-2019-041. This permit will be replaced
by M-2022-006.
The application decision is scheduled for August 29, 2022. Written comments or objections to the
application may be submitted to and additional information obtained from Robert D. Zuber, P.E. at the
Division of Reclamation, Mining and Safety, 1313 Sherman St. Room 215 Denver, CO 80203, by telephone
at (303) 866-3567 x8113.
Comments or objections should be submitted within fifteen (15) days of Ibis notice to be considered in the
application review process. The Division is required to provide a thirty (30) day period following a decision
on the release application to allow for appeals to its decision.
M -Qt -03A -P
Physical Address: 1313 Shemtan Street, P001O15, Denver, CO 80003 P303.866,3567.833,8106 F 303.832.8106
Matting Address: OhMS Room 215,1001 E 62nd Ave, Denver, CO 80216 httos://drms.colorado.aw
Jared S. Potts, rnRr L Dan Gobs, Executive Director I Virginia Brannon, Director • , g 7 }•
Pu bi ; G Rev;ew Cc;pL(Tp),pW(mM/CH/ERitcw) ,o IIR -4o76
7/27 /22 7/Z2/Z2
DNR
COLORADO
Division of Reclamation,
Mining and Safety
Department of Natural Resources
1313 Sherman St. Room 215
Denver, CO 80203
RECEIVED
JUL 22 2C
WELD COUNTY
COMMISSIONFcF-
NOTICE
Consideration of 111 Construction Materials Reclamation Permit Application
DATE: July 17, 2019
TO: Weld County Commissioners
915 10th St
Greeley, CO 80631
RE: Motorcross Borrow Pit, File No. M-2019-041
Please be advised that on July 16, 2019, SEMA Construction, Inc., whose address and telephone
number are 7353 S Eagle St , Centennial, CO 80112; (303) 910-9217, filed an application to
conduct a(n) Surface mining and reclamation operation, at or near Section 22, Township 4N,
Range 66W, 6th Principle Meridian, in Weld County. Please be advised that the permit area may
be located in more than one Section, Township, and Range. Affected lands will be reclaimed to
support a Rangeland post -mining land use. The application decision date is scheduled for July
31, 2019.
A copy of the application is available for review at the Weld County Clerk Et Recorders office and
at the office of the Division of Reclamation, Mining and Safety.
The application, as welt as all other permit documents, can be found at
http://drmsweblink.state.co.us/ by searching M2019041 in the "Permit No" field. A user guide
is available to help first time users of the imaged document system and can be viewed at
http: / /mining.state.co.us/SiteCollectionDocuments/Laserfische%20User%20Guide.pdf.
To be considered in the review process, comments or objections on the application must be
submitted in writing by 5:00pm on July 21, 2019. The Office will assume you have no comment
or objection to the proposed activity if none are received by the end of the public comment
period.
If you need additional information or have any questions regarding the above -named application,
please contact Peter Hays at the Division of Reclamation, Mining and Safety, 1313 Sherman Street,
Room 215, Denver, CO 80203, by telephone at 303-866-3567 x 8124, or by email at
Peter.hays@state.co.us.
M -AP -05M
1313 Sherman St. Room 215 Denver, CO 80203 P (303) 866-3567 F (303) 832-8106 https://mining.state.co.us
p� Jared Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director
lG v(.J PLCTP3,P9wcc-cnt&R(cr-tick)
09ttir119
I '
2019-4076
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 MATERIAL
SPECIAL (111) OPERATION
RECLAMATION PERMIT APPLICATION PACKAGE
APPLICABILITY:
COLORADO
DIVISION OF
RECLAMATION
MINING
SAFETY
RECEIVED
JUL 1 2 2019
WELD COUNTY
COMMISSIONERS
The 111 Reclamation Permit application package is for a construction material extraction operation which extracts sand, gravel or quarry
aggregate for the sole purpose of obtaining material for highway, road, utility, or similar type construction under a federal, state, county,
city, town, or special district contract and where the contract calls for work to be commenced within a specifically short time affecting thirty
(30) acres or less. If you plan to conduct a construction material 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 seM., 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 Application Review and Consideration Process;
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 6.3
Specific Permit Application Exhibit Requirements;
Rule 6.5
Geotechnical Stability Exhibit (as required).
It is recommended that you contact the agencies listed under in the application section titled "Compliance With Other Laws" prior to
submitting the application to the Office.
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines
FILING REOUIREMENTS:
In order to apply for a Reclamation Permit for a Special 111 Operation, please provide:
X ° One (1) signed and notarized completed ORIGINAL and one (1) copy of the completed Special 111 Operation Application
Form.
X ° Two (2) copies of all Exhibits (required sections described in Rule 6).
X ° Two (2) copies of Addendum 1 - Notice requirements (described in Rule 1.6.2(1)(b)). An example of this notice is attached
for your use.
X ° The Geotechnical Stability Exhibit when required by the Division.
X ° The application fee.
X ° The FULLY EXECUTED financial and performance warranty forms.
X 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.
X 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.
X 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(l)(g)).
X 4. Prior to filing the application,place forpublic review a copy of the application, less confidential items, with the clerk or
pp � pp �
recorder of the county or counties in which the affected land is located. You MUST provide the office with an affidavit or receipt
indicating the date on which the copy of the application was placed with the clerk or recorder at the time the application is
submitted to the Office for filing (Rule 1.6.2(1)(c)).
X 5. 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)).
The copy of the application and any changes or additions 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 fifteen (15) days of filing unless the date for consideration by the Office is extended
pursuant to Rule 1.8. If any changes or additions are made to the application after initial submittal, the local board of county commissioners
MUST be notified. Proof of filing notice of the change with the county MUST be provided to the Office. A form approved by the Board
for these purposes is enclosed with this application package.
If the requirements of the Act and 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 15 day review period.
APPLICATION APPROVAL/DENIAL:
If the requirements of the Act and Rules 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 an administrative appeal to the Board within 60
days of the date of the decision (Rule 1.4.7).
PERFORMANCE AND FINANCIAL WARRANTIES:
The application MUST include a fully -executed performance warranty (enclosed with this application), and submitted with the application.
The application MUST also include a fully executed financial warranty in the amount of $2,500 per acre of affected land (a fraction of an
acre is counted as one acre for calculation). The law and regulations allow for several different types of financial warranty. Please review
Rule 4 of the Rules to determine what type of financial warranty you desire to use. Appropriate forms are available by request from the
Office. If you are a governmental entity, a financial warranty is NOT required but a performance warranty is required.
COMPLIANCE WITH OTHER LAWS:
Compliance with the Act and Rules and Regulations of the Mined Land Reclamation Board DOES NOT in any way relieve you of the
responsibility to comply with all other applicable state and federal laws (Section 115(4)(c), 34-32.5-109(5) C.R.S.). We recommend that
Xou contact the following agencies to determine whether you need to comply with their legal requirements:
o 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;
o Colorado Division of Water Resources with regard to water rights;
o Colorado Department of Health, Water Quality Control Division, with regard to the discharge of pollutants into State waters;
o Colorado Department of Health, Air Pollution Control Division, with regard to the need for a fugitive dust permit;
o U.S. Bureau of Land Management or U.S. Forest Service for proposed operations on Federal lands;
o U.S. Army Corps of Engineers regarding a dredge and fill (404) permit; and
o The County Planning Department for the county or counties in which the 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.
F1 IY II;\7j 1117.1%
An applicant will not be issued a reclamation permit until notified by the Office that this application and the required performance and
financial warranties have been approved. Alternatively, 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 fifteen (15) calendar days from the date the application
was submitted. 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 (Rule
4.1(2)).
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
SPECIAL (111) OPERATION
RECLAMATION PERMIT APPLICATION FORM
COLORADO
DIVISION OF
RECLAMATION
MINING
SAFETY
The application for a Construction Materials Special 111 Operation Reclamation Permit contains four major parts: (1) the application form;
(2) Exhibits A -L, Addendum 1, and any sections of Exhibit 6.5 (Geotechnical Stability Exhibit), as required by the Office, and outlined in
Rules 6.1, 6.2, 6.3, 6.5, and 1.6.2(1)(b); (3) the application fee; (4) the Performance Warranty and if required a Financial Warranty. When
you submit your application, be sure to include one (1) completed. sinned and notarized ORIGINAL and one (1) copy of the completed
application form, two (2) copies of Exhibits A -L, Addendum 1, appropriate sections of Exhibit 6.5 (Geotechnical Stability Exhibit), as
required, a check for the application fee described under (4) below, and the hilly executed Performance Warranty and Financial Warranty, if
required. Exhibits should NOT be bound or in 3 -ring binders; maps should be folded to 8 2" X 11" or 8 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 described below
1. Applicant/operator or company name (name to be used on the permit):
SEMA Construction, Inc.
1.1
Type of organization (corporation, partnership, etc.): Corporation
2. Operation name (pit, mine or site name):
3. Permitted acreage:
4. New Application:
5. Primary commoditie(s) to be mined:
Motorcross Borrow Pit
Borrow Material (Soil)
6. Name of owner to the surface of affected land:
Mile 250 LLC
7. Name of owner to the subsurface rights of affected land: Mile 250 LLC
8. Tyne of mining operation: �✓ Surface Q Underground n In -situ
9. Location information: The center of the area where the majority of mining will occur:
28.30 Permitted Acres
$898.00 Application Fee
CO Weld
PRINCIPAL MERIDIAN (check one): '� 6th (Colorado) _ 10th (New Mexico) O Ute
SECTION (write number): S 22
TOWNSHIP (write number and check direction): T 4 ✓ North South
RANGE (write number and check direction): R 66 East West
QUARTER SECTION (check one): NE NW ✓ SE SW
QUARTER/QUARTER SECTION (check one): NE NW SE ✓ SW
GENERAL DESCRIPTION: (the number of miles an 'rection from the nearest town and the approximate elevation):
Berthoud Colo_lies aporoxi 41/2 miles west of the nit_The approx elevation is 4890 f ,ML
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines
-2-
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 40 min 117
Longitude (W): deg -104 min 59
OR
Example: (N) 39.73691°
(W) -104.98449°
sec 31.86 (2 decimal places)
sec 09 96 (2 decimal places)
Latitude (N) (5 decimal places)
Longitude(W) (5 decimal places)
OR
Universal Tranverse Mercator (UTM)
Example: 201336.3E NAD27 Zone 13
4398351.2 N
UTM Datum (specify NAD27, NAD83 or WGS 84) Nad 83
Easting
Northing
11. Primary Future (Post -mining) Land Use (check only one):
12
Zone
Cropland(CR)
Pastureland(PL)
® General Agriculture(GA)
® Rangeland(RL)
Forestry(FR)
® Wildlife Habitat(WL)
Residential(RS)
0 Recreation(RC)
0 Industrial/Commercial(IC)
Developed Water Resources(WR)
Solid Waste Disposal(WD)
12. Primary Present Land Use
(check only one):
® Cropland(CR)
® Pastureland(PL)
j1 General Agriculture(GA)
E] Rangeland(RL)
® Forestry(FR)
Wildlife Habitat(WL)
® Residential(RS)
12 Recreation(RC)
g Industrial/Commercial(IC)
El Developed Water Resources(WR)
® Mining(MN)
13. Estimated Beginning Date of Contract: Sept 01,2019
13.1 Estimated completion date of contract: December 31, 2020
-3-
15. Correspondence Information:
APPLICANT/OPERATOR (name, address, and phone of name to be used on permit)
Contact's Name: Addison Halverson Title: Project Manager
Company Name: SEMA Construction, Inc.
Street/P.O. Box:
City:
State:
Telephone Number:
Fax Number:
7353 S Eagle St P.O. Box:
Centennial
Colorado Zip Code: 80112
(303 ) - 910-9217 Email: ahalverson@semaconstruction.com
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name:
H. Bruce Humphries
Title: President
Company Name:
Regulatory Permits Management, Inc
Street/P.O. Box:
25049 E. Alder Dr.
P.O. Box:
City:
Aurora
State:
CO
Zip Code: 80016
Telephone Number:
30� 3 ' - 854-7499 hlhumphries2@comcast.net
Fax Number:
________) -
INSPECTION CONTACT
Contact's Name:
Addison Halverson
Title: Project Manager
Company Name:
SEMA Construction, Inc
Street/P.O. Box:
7353 S Eagle St
P.O. Box:
City:
Centennial
State:
Colorado
Zip Code: 80112
Telephone Number:
30� 3 1- 910-9217
Fax Number:
) -
CC: STATE OR FEDERAL LANDOWNER (if an
Agency: None
Street:
City:
State:
Telephone Number:
CC: STATE OR FEDERAL LANDOWNER (if an
Agency: None
Street:
City:
State:
Zip Code:
Zip Code:
Telephone Number:
-4-
14. Maps & Exhibits: Submit two (2) complete, unbound copies of the following application exhibits:
6.3.1
EXHIBIT A - Legal Description and Location Map
6.3.2
EXHIBIT B - Site Description
6.3.2
EXHIBIT C - Mining Plan
6.3.4
EXHIBIT D - Reclamation Plan
6.3.5
EXHIBIT E - Maps, to include the location of any recorded easements
6.3.6
EXHIBIT F - List of Other Permits and Licenses Required
6.3.7
EXHIBIT G - Source of Legal Right -to -Enter
6.3.8
EXHIBIT H - Municipalities Within a Two-mile Radius
6.3.9
EXHIBIT I - Proof of Filing with County Clerk
6.3.10
EXHIBIT J - Proof of Mailing Notices of Permit Application
6.3.11
EXHIBIT K - Terms of Governmental Contract
6.3.12
EXHIBIT L - Permanent Man-made Structures
1.6.2(1)(b)
ADDENDUM 1 - Notice Requirements
6.5
Geotechnical Stability Exhibit (as required)
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.
7223 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;
2. The Board may suspend or revoke this permit, or assess a civil 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;
4. Any modification to the approved mining and reclamation plan from those described in your approved application
requires you to submit a new permit application 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.
-5-
/ 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 Mineral Rules and Regulations in effect at the time the permit is
issued.
9. Annually, on the anniversary date ofpermit issuance, you must submit an annual fee ($504), 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 an
operator, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility.
NOTE TO COMAI ENTORS/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.
-6-
Certification:
As an authorized representative of the applicant, Thereby certify that the operation described has met the minimum requirements of
the following terms and conditions:
All necessary approvals from local government have been applied for (Section 34-32.5-111(1)(a)(IX));
2. This entire mining operation will not affect more than 30 acres;
3. This mining operation will not adversely affect the stability of any significant, valuable and permanent man-made
structure(s) located within two hundred (200) feet of the affected lands. (However, where there is an agreement between
the applicant/operator and the persons having an interest in the structure that damage to the structure is to be compensated
for by the applicant/operator (Section 34-32.5-115(4)(e), C.R.S. 1984, as amended), then mining may occur within 200 feet.
Proof of an agreement must be submitted to the Office prior to the decision date.)
4. 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. 1984, as amended);
5. As the applicant/operator, I do not have any mining/exploration operations in this 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. 1984, as amended) as determined through a Board finding.
6. 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. 1984, as amended.
This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-111,C.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.R.S.
Signed and dated this day of ,, l t{ , 2.0I
SEMA Construction, Inc.
Applicant/Operator
By:
Title: '4/j.W . t3(ooILr. D,jMt+Vile P',s,4O
State of C_ D _ e r_, d a )
) ss.
County of aP c•1^ ve- )
If Corporation Attest (Seal)
�� UlUlryr
`' ONSTR%
By:Corporate Seg?eta ivale �, p
Town/Citt/Ccqunty : Z
The foregoing instrument was acknowledged before me this / day of 'J, Za l '1
by Ma(K + roo)CS as PISIrid ✓i l.'[ �,_ejldepr� of S� 1d1 Cbri,SJV.+danl I
NANCY T GUERRERO .,_/
NOTARY PUBLIC `
STATE OF COLORADO Notary Publi
NOTARY ID 2014067633
MY COMMISSION EXPIRES 10/1912020 ) p 14
My Commission expires: [�
SIGNATURES MUST BE IN BLUE INK
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR SPECIAL 111 OPERATION
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
SEMA Construction, Inc.
Weld
COUNTY
(the "Applicant/Operator") has applied for a Special 111 reclamation permit from the
Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials in
Weld
County. The attached information is being provided to notify you of the location and nature of the
proposed operation. The entire application is on file with the Division of Reclamation, Mining, and Safety (the "Division")
and the local county clerk or recorder.
The Applicant/Operator proposes to reclaim the affected land to Rangeland
use. Pursuant to
Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Board of County Commissioners before approving of
the post -mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note
that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the
application within five (5) working days after the application was filed with the Division.
If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please contact the
Division of Reclamation, Mining, and Safety, 1313 Sherman St., Room 215, Denver, Colorado 80203, (303) 866-3567.
NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice
of a change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate
description of the changes.
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR SPECIAL 111 OPERATION
NOTICE TO THE BOARD OF SUPERVISORS
OF THE LOCAL CONSERVATION DISTRICT
Platte Valley Conservation DISTRICT
SEMA Construction, Inc.
(the "Applicant/Operator") has applied for a Special 111 reclamation permit from the
Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials in
Weld
County. The attached information is being provided to notify you of the location and nature of the
proposed operation. The entire application is on file with the Division of Reclamation, Mining, and Safety (the "Division")
and the local county clerk or recorder.
The Applicant/Operator proposes to reclaim the affected land to Rangeland use. Pursuant to
Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Conservation Districts before approving of the post -
mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in
order to preserve your right to a hearing before the Board on this application, you must submit written comments on the
application within five (5) working days after the application was filed with the Division.
If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please contact the
Division of Reclamation, Mining, and Safety, 1313 Sherman St., Room 215, Denver, Colorado 80203, (303) 866-3567.
NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of a
change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate
description of the changes.
The following is a sample of the Notice required for Rule 1.6.2(l)(b) that you may wish to use. You must post a notice at the
proposed access to the site.
NOTICE
This site is the location of a proposed construction materials operation. (Name of the Applicant/Operator) SEMA Construction, Inc.
whose address and phone number is (Address and Phone Number of the Applicant/Operator) 7353 S Eagle St,Centennial, CO
303-627-2600 . has applied for a Special 111 Operation Reclamation Permit with the Colorado Mined Land Reclamation Board.
Anyone wishing to comment on the application may view the application at the (County Name) Weld
County Clerk or Recorder's Office, (Clerk or Recorder's Office Address) 490 S Chamber Rd, Aurora, CO 80117
and should send comments prior to the end of the public comment period to the Division of Reclamation, Mining, and Safety,
1313 Sherman St., Room 215, Denver, Colorado 80203.
Certification:
I, (Name of the Applicant/Operator) SEMA Construction, Inc. hereby certify that I posted a sign containing the
above notice for the proposed permit area known as the (Name of Operation) MotorcroSS Borrow Pit on(Date
Posted) 7/2/Zd/G1 .
SIGNATURE DATE
NOTICE
This site is the location of a construction • proposed materials
mining operation. SEMA Construction, Inc., whose address is
7353 S. Eagle St., Centennial, Colorado
80112, phone number
(303)627-2600, has applied for a 111 Special p al Operation
Reclamation Permit with the Colorado Mine
d Land
Reclamation Board. Anyone wishing to
comment on the
application may view the application at the Weld Count
y Clerk
and Recorder -- Clerk & Recorder's Office, 4209
County Road
%, Longmont, Colorado 80504 and should send comments
prior to the end of the public comment period toDivision the of
Reclamation, Mining and Safety,1313 Sherman n St., Room 215,
Denver, Colorado 80203.
COLORADO
Division of Reclamation,
Mining and Safety
Department of Natural Resources
1313 Sherman Street, Room 215
Denver, CO 80203
PERFORMANCE WARRANTY
Permittee/Operator:
Operation known as:
Permit Number:
SEMA Construction, Inc.
Motorcross Borrow Pit
This form is approved by the Colorado Mined Land Reclamation Board ("Board') pursuant to C.R.S.
34-32-117 of the Colorado Mined Land Reclamation Act and C.R.S. 34-32.5-117 of the Colorado Land
Reclamation Act for the Extraction of Construction Materials.
All parties are on Notice from this Document that:
The above listed Operator provides this warranty to the Board in conjunction with a reclamation
Permit to conduct the above described mining operation on certain lands in Colorado. The "Affected Lands"
are described in the above listed reclamation Permit, and include any Permit Amendment(s) approved by
the Division of Reclamation Mining and Safety ("Division").
The Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et seq. ("Hard Rock Act"), and the
Colorado Land Reclamation Act for the Extraction of Construction Materials, C.R.S. 34-32.5-101 et seq.
("Construction Materials Act"), both require a permit issued by the Board to include a written promise by
the Operator to comply with all requirements of the Hard Rock and Construction Materials Acts (referred
to herein together as "Acts").
Through the terms and conditions of this performance warranty and Permit, the Operator agrees to
be bound by all requirements of the Acts and all Mineral Rules and Regulations of the Board for Hard Rock,
Metal, and Designated Mining Operations (2 C.C.R. 407-1) and all Mineral Rules and Regulations of the
Board for the Extraction of Construction Materials (2 C.C.R. 407-4) (referred to herein together as "Rules").
The Operator hereby provides the Board warranties of performance pursuant to C.R.S.
34-32-117(2), (3), and (4)/C.R.S. 34-32.5-117(2), (3), and (4), and promises the Board it will comply with
all applicable requirements of the Acts and Rules.
The Operator hereby promises the Board it will comply with all of the terms of the reclamation
Permit, including any Permit Amendment(s) approved by the Division. This performance warranty
obligation of the Operator shall continue until the Operator's liability is released by the Board.
The Operator promises to be responsible for reclamation costs up to the amount established by the
Board and incorporates its financial warranty to this performance warranty. The Operator agrees to maintain
a financial warranty (or warranties) in good standing for the reclamation costs for the entire life of the
1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us { ,"'
Inhn W Hirkanlnnnar C;nvarnnr I Rnhart W Pnnrhll Fy riitivo nirartnr I Viroini> R—nnnn flir tnr fr
Permit. The amount of the financial warranty shall be sufficient to assure the completion of reclamation of
affected lands if the Division has to complete such reclamation due to forfeiture. If the Board determines
the Operator is in default under this performance warranty and the Operator fails to cure such default, the
Operator's financial warranty shall be subject to forfeiture pursuant to C.R.S. 34-32-118/34-32.5-118.
This performance warranty by the Operator is perpetual and shall remain in full force and effect
until all obligations have been met and all associated financial warranty is released by the Board. Any
release of liability in a succession of Operators shall comply with C.R.S. 34-32-119/34-32.5-119.
The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors
and assigns.
SIGNED, SEALED AND DATED this 1 a day of Tu 1 y ,20
Operator: SEMA Construction, Inc.
Signature:
Name: f arK yJ. SrooKS
Title: Th + <-f V ce Presta(t►.4
NOTARIZATION OF OPERATOR'S ACKNOWLEDGEMENT
STATE OF Co(oraa!o
) ss.
COUNTY OF P1-raDcal�o2
The foregoing instrument was acknowledged before me this ________day of (TL. L'.f,20 20 l `�
(Day) (Month) (Year)
by MQrg. tO. BrooICS as Dtsfir! -4- Vi.Lc Presldtn--
(Name) (Title)
of SEMA Construction, Inc.
(Operator)
NANCY T GUERRERO O
NOTARY PUBLIC NOTARY LIC
STATE OF COLORADO
NOTARY ID 20114067633 My Commission expires: t o l t 9'2o ZO
MY COMMISSION EXPIR01011912020
APPROVED:
State of Colorado
Mined Land Reclamation Board
Division of Reclamation, Mining and Safety
By:
Division Director
Rev. 7-2018
Date:
Page 2 of 2
COLORADO
• Division of Reclamation,
Mining and Safety
Department of Natural Resources
1313 Sherman Street, Room 215
Denver, CO 80203
Documentation of Legal Authority
to Execute Financial Warranty Documents
The Colorado Mined Land Reclamation Board ("Board') has adopted the attached Affidavit of
Authority to Execute Financial Warranty Documents pursuant to the Mined Land Reclamation
Act (C.R.S. § 34-32-101 et. seq.) and the Land Reclamation Act for the Extraction of
Construction Materials (C.R.S. § 34-32.5-101 et. seq.). The Board and the Division of
Reclamation Mining and Safety (`Division') have determined that, in order to carry out the
financial warranty requirements set forth in C.R.S. §, 34-32-117 and 34-32.5-117 with
reasonable diligence, it is prudent to verb the legal authority of the individual signing all
necessary documents.
Accordingly, you must provide confirmation of the legal authority of the individual signing all
Financial Warranty Documents to the Division. You may do so either by submitting a resolution
of the decision -making body of your company that authorizes an individual to sign the Financial
Warranty Documents on the company's behalf, or by completing and notarizing the attached
affidavit. The Division reserves the right to require the attached affidavit in all circumstances.
Please note that if you are a sole proprietor who is executing documents on your own behalf,
documentation of legal authority is unnecessary.
1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us
John W. Hickenlooper, Governor I Robert W. Randall, Executive Director I Virginia Brannon, Director
Affidavit of Authority to Execute Financial Warranty Documents
Before me this day, the undersigned Mark W. Brooks [name of authorized person], in his/her
capacity as District Vice President [title of authorized person] ("Affiant"), personally appeared and, being first duly
sworn upon oath said:
1. This affidavit is being executed and submitted on behalf of SEMA Construction, Inc. [name of business
organization], a(n) Corporation [legal form of business organization, e.g., corporation,
partnership, limited liability company, etc.], in good standing in the State of Colorado (the "Company").
2. It is in the interest of the Company to execute certain financial warranty documents associated with file number
(DRMS file number), which are required by the Colorado Mined Land Reclamation Board and
Division of Reclamation Mining and Safety pursuant to Colorado law ("Financial Warranty Documents").
3. Affiant is duly authorized to sign such Financial Warranty Documents on behalf of the Company and to bind the Company to
the same.
4. Affiant is not prohibited or limited by the Company's governing documents or by any applicable law from executing the
Financial Warranty Documents.
5. Affiant will inform the Division of Reclamation Mining and Safety within thirty (30) days in the event that his/her
authorization to execute Financial Warranty Documents on the Company's behalf is terminated.
Further, Affiant sayeth not.
Mark W. Brooks
Affiant's Name
STATE OF Co/Drao(a )
ss.:
COUNTY OF ap� o.e )
The foregoing instrument was acknowledged before me this / Z day of J 1Y , 1q,
by Mark W. Brooks as District Vice President of SEMA Construction, Inc.
Notary Publi t
My Commission Expires
MinAffidavitAuthority.docx Rev. 08/16
NANCY T GUERRERO
NOTARY PUBLIC
STATE OF COLORADO
NOTARSf ID 20124067633
MY COMMISSION EXPIRES 10/19/2020
Location Map
,GS II! tw-c' 104 104 6fl*
4ggoiu steam to e2 D' opts c.
r
W
r
f
n
,... .; '. .L .4 1.I i.-.t U
,.. ,a.n:..l,:
INN loita,.
MOTORCROSS PIT LOCATION MAP
r,
a
e
SW2 '/ of the SE 1/ of Section 22, Township 4 N, Range 66 W of the 6th Principal Meridian
5
Hello