HomeMy WebLinkAbout20182881.tiffOctober 9, 2018
Colorado Division of Reclamation Mining and Safety
Attn: Mr. Peter Hays
1313 Sherman Street, Room 215
Denver, Colorado 80016
OCT 1 1 2018
Re: Betz Borrow Pit, File No. M-2018-048, 111 Construction Materials Reclamation
Permit Application, Application Incomplete, Response to the DRMS Adequacy
Letter (September 25, 2018)
Dear Mr. Hays,
On September 25, 2018, the Division of Reclamation, Mining and Safety (DRMS) provided its
adequacy comments to SEMA Construction, Inc., concerning the Betz Borrow Pit, File No. M-
2018-048, 111 Construction Materials Reclamation Permit Application. This response will
address the DRMS adequacy questions.
Respectfully,
Mr. Cameron Mang, SEMA
Encl:
1. Instructions to County Clerk
2. Revised Conversion Permit Application pages
3. Documentation of Legal Authority to Execute Financial Warranty Documents (Mark
Brooks)
Following are our responses to the Division's adequacy questions:
Question 1:
The Division requires the Applicant to provide documentation giving the signer, Mark W.
Brooks, the authority to sign on behalf of the company. The authorization document may be in
the form of by-laws, resolution, affidavit signed by corporate secretary, certified secretary
statement or a notarized statement on company letterhead.
Response:
Signed Documentation of Legal Authority to Execute Financial Warranty Documents has been
included.
6.3.1 Exhibit A - Legal Description and Location Map
Question 2:
The Exhibit A map labeled "Property Ownership and Structures within 200 feet" indicates the
entire Betz property as the proposed Betz Borrow Pit permit boundary. Please revise the map
to indicate the permit boundary of the proposed mine site.
Response:
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Property Ownership and Structures within 200 feet map has been revised to more accurately
show the proposed permit boundary.
6.3.8 Exhibit H - Municipalities Within a Two-mile Radius
Question 3:
In Exhibit H, page 48, the Applicant stated there are no municipalities within 2 miles. The
Town of Milliken is located within a two-mile radius of the proposed mine site based on the
Division's review. The Division sent the Town of Milliken notice of the proposed mine site.
Please update Exhibit H to indicate the Town of Milliken is located with a two-mile radius of
the proposed mine site.
Response:
Exhibit H has been updated to show Town of Milliken as a municipality within 2 -mile radius
of the proposed mine site.
6.3.9 Exhibit I - Proof of Filing with County Clerk
Question 4:
Please provide an affidavit or receipt indicating the date on which the revised application
information required to address this adequacy letter was placed with the Weld County Clerk
and Recorder for public review, pursuant to Subparagraph 1.6.2(1)(c).
Response:
Receipt of the revised application information is included in this submittal package.
6.3.12 Exhibit L - Permanent Man -Made Structures
Question 6:
In Exhibit L, page 54, of the application the Applicant misspelled "Xcel Energy" as "Excel
Energy ". Please revise Exhibit L to indicate the correct spelling of the utility company.
Response:
Spelling of Xcel Energy has been revised in Exhibit L.
6.3.9 PROOF OF FILING with Weld County Clerk
to +�. � oca� cS
WELD COUNTY CLERK A�B�t
-r o -f-1n � o o� � c�
t � 5C� O +� ee + � G � ee l ey � Co � S'OCo31
RECEIPT FOR THE REVISED PERMIT APPLICATION PACKAGE FOR THE Betz
Bnrrow Ptt.
SIGNED BY :
WELD C0LINTY G le� K -ta t�e C3a �rd
DATE : , 2018
Received a complete copy of the REVISED Application Exhibits and Application Form .
. . . �
6� ; � `�.s � i ��.i, :.� 7..i�
OCT 1 1 2018
t�i ` L. � � � �J ��ITY
CO � �.�iIS � lONI� RS
50
October 9, 2018
Weld County Clerk and Recorder's Office
1402 N. 17th Ave.
Greeley, CO 80631
Re: Revision to the Betz Gravel Pit Conversion Application which was placed with the County
Clerk and Recorder's Office on October 5th
To Whom It May Concern,
On October 5, 2018, SEMA Construction placed a copy of the proposed Betz Borrow Pit Application
with your Office. There have been revisions to the original application. Enclosed with this letter are
copies of the revised Application pages. The revised pages are intended to replace the page with the
corresponding page number. For example, the first page to be replaced is page 6. Please remove the
existing page 6 from your copy of the Application and replace with the enclosed revised page 6. Please
replace revised pages 48 and 54 in the same manner.
Also enclosed is Documentation of Legal Authority to Execute Financial Warranty Documents. Please
place this document at the end of the application packet.
In addition, enclosed is a complete copy of the Adequacy Response sent the Division of Reclamation
Mining and Safety which includes letters to Colorado Parks and Wildlife, the Department of Water
Resources, and the Office of Archaeology and Historic Preservation. This document should be placed
with the copy of the Application.
Please contact me at (720) 450-0588 if you have any questions.
Thank you for making the changes.
Mr. Cameron Mang
SEMA Construction Env. Compliance Manager
October 9, 2018
Colorado Office of Archaeology and Historic Preservation
Attn: Mr. Steve Turner
1300 Broadway
Denver, Colorado 80203
Re: SEMA Construction, Inc.; the Betz Borrow Pit, File No. M-2018-048 Permit
Response to the Office of Archaeology and Historic Preservation
Dear Mr. Hays,
Below is SEMA Construction, Incorporated (SEMA) response to the Office of Archaeology and
Historic Preservation Engineer comments:
Item 1:
SEMA notes the limited records of cultural resources in this area. In the event of human
remains being uncovered during mining, SEMA shall cease operations and notify the Office as
outlined in Colorado Statute CRS 24-80 part 13. Should you have any additional concerns,
please do not hesitate to contact me directly at (720)450-0588.
Respectfully,
Mr. Cameron Mang, SEMA
SEMA Construction Env. Compliance Manager
cc. Mr. Steve Turner
Colorado Office of Archaeology and Historic Preservation
1300 Broadway
Denver, Colorado 80203
October 9, 2018
Colorado Division of Reclamation Mining and Safety
Attn: Mr. Peter Hays
1313 Sherman Street, Room 215
Denver, Colorado 80016
Re: SEMA Construction, Inc.; the Betz Borrow Pit; File No. M-2018-048 Permit
Response to the Office of the State Engineer
Dear Mr. Hays,
Attached are SEMA Construction, Incorporated, (SEMA) responses to the Office of the State
Engineer comments:
Item 1:
SEMA understands it may not expose ground water during mining or after mining operations.
This is a borrow pit and all material excavated from the site will be used for the CDOT roadway
project.
Item 2:
Water for industrial use will be obtained from nearby municipal sources.
Item 3:
As stated above, we intend to obtain water for industrial use from nearby municipal sources. No
on -site well water use is planned at this time. If use of nearby well water is needed, we will
obtain approval from the Division of Water Resources.
Item 4:
We will ensure any intercepted Stormwater runoff will be released to the nearby stream system
within 72 hours of interception.
Respectfully,
Mr. Cameron Mang
SEMA Construction Env. Compliance Manager
cc: Ms. Ioana Comaniciu, P.E.
Colorado Div. of Water Resources
Office of the State Engineer
1313 Sherman St., Rm 821
Denver, CO 80203
October 9, 2018
Colorado Division of Reclamation Mining and Safety
Attn: Mr. Peter Hays
1313 Sherman Street, Room 215
Denver, Colorado 80016
Re: SEMA Construction, Inc.; the Betz Borrow Pit; File No. M-2018-048 Permit
Response to Colorado Parks and Wildlife
Dear Mr. Hays,
On Wednesday, October 3rd, SEMA Construction Inc. (SEMA) opened a dialog with Colorado
Parks and Wildlife (CPW) via email in an effort to clarify expectations of CPW in regard to
the mining operation. Please see attached PDF of this correspondence.
SEMA intends to maintain in contact with CPW and our certified biologist subcontractor
throughout the duration of the material extraction in order to maintain compliance with all
applicable regulations.
Please feel free to contact me should you have any questions or concerns.
Respectfully,
Mr. Cameron Mang
SEMA Construction Env. Compliance Manager
1 313 Sherri-, an Street. Pc,ori 215
Denver, CO 5O'2S
Documentation of Legal Authority
to Execute Financial Warranty Documents
The Colorado Alined 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. 4 34-32-101 et. seq.) and the Land Reclamation Act for the Extraction of
Construction Materials (C.R.S. ,tip 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. §,5r 34-32-117 and 34-32.5-117 with
reasonable diligence, it is prudent to verify the legal authority of the individual signing all
necessary documents.
Accordingly, you must provide confirmation of the legal authority oldie individual signing all
Financial Warranty Documents to the Division. You may do so either by submitting a resolution
oldie 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:%/minin;.state.co.us
John W. Hickenlooper, Governor I Robert W. Randall, Executive Director ; 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 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
organization], a(n) Corporation
[name of business
[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
M-2018-048 (HC #74971) (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
STATE OF Colorado
) ss.:
COUNTY OF Arapahoe
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The foregoing instrument was acknowledged before me this day of OC----11-t , ZO 1 ,
by Mark W. Brooks as Vice President of SEMA Construction, Inc
Notary Pubic CU , , y -t DLAN...4
MinAffidavitAuthority.docx Rev. 08!16
My Commission Expires
.O1lc' l2_0
NANCY T GUERRERO
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20124067633
MY COMMISSION EXPIRES 10/19/2020
Property Ownership and Structures within 200 feet
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6
EXHIBIT "H"
6.3.8 Municipalities within a two-mile radius:
• The town of Milliken within 2 miles.
48
EXHIBIT L
6.3.12 Permanent Man -Made Structures:
Permanent man-made structures within 200 feet of the affected land:
No.
STRUCTURE
OWNER/ADDRESS
1
Fences, buildings, Oil Tanks (on Property)
M. J. Schneider, 24987 County Rd.
25, Milliken CO 80543
2
Fences
Eugene & Janet Kammerzell, 22465
State Highway 60, Milliken, CO
80543
3
Oil Well (on Property)
Michael & Jacqualyn Janezko, 3920
Ogallala Rd., Longmont, CO 80503
4
Fences, buildings
Clifford and Tracy Betz, 4407 Weld
County Rd. 44, Johnstown, CO
80534
5
Xcel Energy Power Line
Xcel Energy. 1500 6th Ave., Greeley,
CO 80631
6
County Road 46
Weld County Administrative Offices,
1402 N 17th Ave., Greeley, CO 80631
(Structures within approximately 200 feet, wel s)
WELL
PERMIT
NO.
STATUS
Owner
Address)
23881-F
Constructed
Jim Bernhardt
P.O. Box 250, Milliken, CO 80543
268245
Constructed
Clifford and Tracy Betz
4407 Weld County Rd. 44, Johnstown, CO
80534
54
Structure Aureement
This letter has been provided to you as the cv,"ner of a structure sit or .within t,. o hundred (?001
feet of a proposed mine site. The Stare of Colorado. Division of Reclamation. _Iinim, and Safety
('Division") requires that where a mining operationadversely affect the staliliry of any signitrcant.
valuable and permanent man-made st ucntre located within n'."o hundred (200) feet of the affected land,
the Applicant shall either:
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 he reached. the Applicant shall provide on appropriate
engineering evaluation that demonstrates that such stnieture shall not be damaged by activities
occurring at the muting operation: or
c) Where such structure is a utility. the Applicant may supply a notarized letter. on utility letterhead.
from the ow ner(s) of the utility that the mining and reclamation activities, as proposed. will have
"no negative effect' on their utility. ( Corrstr'rrctiorr Materials Rule 6.3.12 and Rule 6.3.19 Hard
Rock/etal Mining Rule 6.3.12 and Rule 6.4.20)
The Colorado Mined Land Reclamation Board ("Board") has determined that this form, if
properly e'eecuted, represents an agreement that complies with Construction Materials Rule 6.3.12(a),
Rule 6.4.19(a), and C.R..S. § 34-3 .5-115(4)(g) and with Hard Rock/Metal ?fir:ir;g Rule 6.3.12(a), Rule
6.4.20(a), and C.R. S. 5 34 -3? -115(4)(4). This form is for the sole prvrpose of ensuring compliance with the
Rules and Regulations and shall not make the Board or Division a necessan party to any private civil
lan'srift to enforce the terms Of the agreement or" create urn' el,forreruurrt obligations is the Board or the
Division.
The following structures are located on or 11"itllin 200 feet of the proposed affected area:
Weld County Road 46
(Please list additional structures on a separate page)
CERTIFICATION
The Applicant. SEMA Construction. Inc. i,print applicant company name I.
h' Mark W. Brooks
{print rcpt esentati ti e's name}. as District Vice President print
representative's titled. does hereby certify that Weld County (snmcnure owner) shall
be compensated for any china_re from the proposed minin_ 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 Betz Borrow Pit ( opera T1011 name',.
File \umberM-
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.
.-Inv alteration or modification to this form shall result in voldtno this form.
NOTARY FOR PERMIT APPLICANT
AC'KNO VLEGED BY:
Applicant SEMA Construction, Inc.
Date 9/12/18
STATE OF Colorado
i ss.
COUNTY OF Arapahoe
Representative Nail. t
?‘•
Title
District Vice resident
The foregoing was acknowledged before me host day of.54)tCjv lMv
;/ -�L. :�•t1�.5 asDlS-b' cf Ote Pro SII.iCi,` ec,.15f'uc tc:t .1.plc,
Notary blic
r < teJ.C ,Iv Commission Expires:
NANCY T GUERRERO
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 201067633
MY COMMISSION EXPIRES 10/19/2020
I0 ( l CJ(2O'; i')
NOTARY FOR ST 1:C URE OWNER
ACKNO\VLEOED
O
StructureO”,vner,G�" �- /7-1--F�"=?---Nnnie Steve Moreno
Weld County, Chair BOCC Board of Weld
Date 10/0812018 Title Cnunty Cnmmi csi nners
STA E OF COLORADO )
ss.
COUNTY OF WELD
The foregoinrz was acknowled'2ed bare me this 8thclay- of October .2018 . by
e - M• es • as Chair ofthe Board of Weld Cnunty Commissioners.
Notai
Cher1 Lynn Ho an
My C'onunisston Expires: 12/19/2018
CHERYL LYNN HOFFMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144O48044
MY COMMISSION EXPIRES DEC. 19, 2018
RE: AGREEMENT FOR MINING STRUCTURE - SEMA CONSTRUCTION
APPROVED STANCE:
Ele "eicial o iepartment Head
APPROVED AS O FUNDING:
Controller
APPRCAD AS TO FORM:
J
County Attorney
COLORADO
Division. oI .Reclamation.
Mining and. Safety
1313 Sherman St. Room 215
Denver, CO 80203
RECEIVED
SEP2 4 2013
/'IviVcLU COUNTY
C4 MM SS! NF:_.,.
NOTICE
Consideration of 111 Construction Materials Reclamation Permit Application
DATE: September 19, 2018
TO:
Weld County Commissioners
915 10th St
Greeley, CO 80631
RE: Betz Borrow Pit, File No. M-2018-048
Please be advised that on September 19, 2018, SEMA Construction, Inc., whose address and telephone
number are 7353 S Eagle St , Centennial, CO 80112; (303) 627-2600, filed an application to conduct a(n)
Surface mining and reclamation operation, at or near Section 18, 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 October 4, 2018.
A copy of the application is available for review at the Weld County Clerk & Recorder's office and at the
office of the Division of Reclamation, Mining and Safety.
The application, as well as all other permit documents, can be found at http://drmsweblink.state.co.us/ by
searching M2018048 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 September 24, 2018. 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 -050
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1313 Sherman St. Room 215 Denver, CO 80203 P 13031 866-3567 F
John W. Hickenlooper, Governor I Robert W. Randall, Executive Director I Virginia Brannon, Director
ADDENDUM RULE 1.6.2(1) (a)
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR A 111 SPECIAL OPERATION
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
4209 County Road '/2, Longmont, CO 80504
SEMA Construction, Inc., (the "Applicant/Operator") has applied for a 111 Special Operation
reclamation permit from the Colorado Mined Land Reclamation Board (the Board) to conduct
the extraction of borrow materials in Arapahoe County for use on a City of Aurora project. 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 local county clerk or recorder.
The Applicant/Operator proposes to reclaim the affected land to rangeland. Pursuant to Section
34-32.5-116(4) (m), C.R.S., the Board may confer with the 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) 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
Street, Room 215, Denver, Colorado 80203, (303) 866-3567.
RECEIVED
SEP 0 6 2018
WELD COUNTY
COMMISSIONERS
59
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2018-2881
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
the 111 Reclamation Permit application package is for a construction material extraction operation which extracts sand, gravel or quarry
a_- petite for the sole purpose of obtaining material for highway, road, utility, nr similar type construction under a federal, state, county,
city. torn, or special district contract anti t era the c i tr,o.t ii s for ','.otk to be commenced within a specifically short time affecting thirty
acres or less. If you plan to conduct a construction material e.xtra:AM:I 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:
ho Construction material Rules and Regulations (the Colorado land Reclamation Act for the Extraction of Construction Materials,
Section 34-32.5-101, et see.. C.R.S., and 2 CC'R 407-1) and the Colorado Mined Land Reclamation Board (the "Board") regulate the
pennirting, operational, and reclamation requirements for all construction material extraction operations in Colorado. It is your obligation to
comply with the Act and Rculatiuns. You are encouraged to obtain and review a copy of the Rules, available for 55.00 from the Division
of Reclamation. Mining, and Safety (the "Office"). In order to submit yourappli_ation properly, it is recommended that you reviesi the Act
and:
Rule 1.1 Definitions:
Rule 1.4 Application Review and Consider -a; on Process:
Rule 1.6 Public Notice Procedures:
Rule 3.1 Reclamation Performance Standards:
Rule 3.3.1 Operating is ithout a Perm:: - Pentlt:,:
Rule 4 Performance Warranties and Financial l� arra:tues:
Rule 6 Permit Application Exhibit Requirements:
Rule 6.2 General Requirements of Exhibits;
Rule 6.3 Specific Permit Application Exhibit Requirements;
Rule 6.5 Geoteehnical 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
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 Special 111 Operation. please provide:
X
X
X
X
X
X
o One (1) signed and notarized completed ORIGINAL and one (1) copy of the completed Special 111 Operation Application
Form.
o Two (2) copies of all Exhibits (required sections described in Rule 6).
o 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.
o The Geotechnical Stability Exhibit when required by the Division.
o The application fee.
o The FULLY EXECUTED financial and performance warranty forms.
NOTICE REQUIRE\IENTS:
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 tiling the application. A copy of this "Notice of tiling Application" form is attached for your use.
X
3. You MUST include proof of notice =1 and r-2 ahov e with the application at the time the application is submitted to the Office
for filing (Rule 1.6.2(1)(g)).
X 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. 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.?(1)(c)).
X 5. Any changes or additions made to an application submittal MUST be tiled with the county clerk or recorder. You MUST also
provide the Office with an affidavit or receipt demonstrating that the change was tiled with the county clerk or recorder no later
than the close of business on the day the change \\ as 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 he 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 53.500 per acre of affected land (a fraction of an
acre is counted as one acre for calculation). The lave 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 1 15(4)(c). 34-32.5-109(5) C.R.S.). 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 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 U.S. Forest Service for proposed operations 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 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.
PERMIT APPROVAL:
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 (l_\ s 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 NI \7'DUALS
SPECIAL (111) OPERATION
RECLAMATION PERMIT APPLICATION FORM
COLORADO
DIVISION OF
REC LAMAT I O N
MINING
-&-
SAF ETY
The application for a Can,-n.a_ e, Materials Special III Operation Reclamation Permit contains four a r -.s-: ((I) the application form;
(2) Exhibits A 1, Addend.I:it 1 , and ama sections of Exhibit 6.5 (Geotechnical Stability Exhibit), as r. ; vied by the Office, and outlined in
Rules 6.1, 6 2, 6.3, 6 5, and 1.6 2_(;1 j(n ): 3) the application fee; (4) the Performance Warranty and if red a Financial Warranty. When
you submit your application, he sure to include one (1) completed, sit ned and notarized ORIGINAL t o:re ( ((copy of the completed
application form, two (2) copies of Exhibits A -L, Addendum 1, appropriate sections of Exhibit 6.5. (r _-•reek:nical Stability Exhibit), as
required, a check for the app' ._:n: fee described under (4) belo'.v, and the toll' executed Performance Warranty and Financial Warranty, if
required. Exhibits should NOT be bound or in 3 -ring hinders; maps should be folded to 8 2" X 11" I. 2" X 14" size. To expedite
processing, please provide the information in the format and order described in this form.
GENERAL OPERATION INFORMATION
"I'ype or print clearly, in the space provided, all information described beloss
6.
9.
Apnlicantfoperator or company name (name to be used on the permit):
SEM,IA Construction, Inc.
I.I l ;pa of organization (corporation, par€nership, etc.): Corporation
Operation name (nit, mine or site name): Betz Borrow Pit
Permitted acreai!e:
Ness Application:
Primary cornmoditic(s) to be mined: Borrow Material (Soil)
Name of onsner to the surface of affected land: Cliff Betz
Name of ossner to the subsurface rif„;hts of affected land: Cliff Betz
Type of minim; operation: t II S._:: face
Location information: The center of tits area v, here the maiorit} occur:
{ (ll Weld
PRINCIPAL :A1[RIDIAN (cheek ere).
SEC -I (write number):
TOWN SE! IP Iterite number and check direction):
RANGE (write number and check direction):
6th (Colorado)
S 18
_I 4
R 66
29.9.7 Permuted Acres
5898.00 .\pplication Fee
I ()ill (Nei.Aiexicoi
l\eni t
East
South
West
Lit
QUARTER SECTION (check one): _ NE NW I SE _ SW
QUARTER/QUARTER ARTER SECTION (check one): 1 _ NE I■ N\\ - SE S\\'
GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation):
Office of
Mined Land Reclamation
Office of
Denver • Grand Junction • Durango Active and Inactive Mines
-7-
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
Longitude (\V): deg
OR
Example: (N) 39.73691
(W) -10-1.98449-
min
mm
sec (2 decimal places)
sec (2 decimal places)
Latitude (N) 40 31916 (5 decimal places)
Longitudc(W) -104 82468 (5 decimal places)
OR
Universal i ranverse Mercator (UTM)
Example: 201336.3 E NAD27 Zone 13
4398351.2 N
Nad 83
UTM Datum (specify NAD27, NAD$ 3 or WOS 84)
La;tiag
Northinu
1 1. Primary Future (Post -mining) Land Use (check only one):
Cropland(CR)
Rangeland( RL)
Residential(RS)
❑ Pastureland(PL)
❑ Forestry( ER)
❑ Recreation(RC)
❑ Developed Water Resources(WR)
12. Primary Present Land Use (check only one):
Cropland( CR) Pastureland(PI.)
Rangeland(RI_) ❑ Forestry(FR)
❑ Residential(RS) ❑ Recreation(RC)
❑ Developed Water Resources(WR)
12
Zone
General Aariculture(GA)
I Wildlife llabitat(WI.)
I Industrial Commercial(IC)
Solid Waste Disposal(WD)
General Agriculture( GA )
Wildlife Llabitat(WI_)
Industrial/Commercial(IC)
Mining(MN)
13. Estimated Be2inninz Date of Contract: Sept 15, 2018
13.1
Estimated completion date of contract: September 1, 2019
15. Correspondence Information:
APPLICANT/OPERATOR (name, address, and phone of name to be used on permit)
Cameron Mang
Contact's Name:
Company Name:
Street/P.O. Box:
City:
State:
Telephone Number:
Fax Number:
SEMA Construction, Inc.
Title:
Environmental Compliance Manager
7353 S Eagle St
Centennial
P.O. Box:
Colorado Zip Code: 80112
( 303 ) _ 627-2600
( 303 ) _ 627-2626
PERMITTING CONTACT (if different from applicandoperator above)
Contact's Name: Title:
Company Name:
Street-P.O. Box: P.O. Box:
City:
State: Zip Code:
Telephone Number: 1 ) -
Fax Number: ( ) -
INSPECTION CONTACT
Contact's Name:
Company Name:
Street/P.O. Box:
City:
State:
Telephone Number:
Fax Number:
Cameron Mang
SEMA Construction, Inc
Title: Environmental Compliance Manager
7353 S Eagle St
Centennial
P.O. Box:
Colorado
( 303 ) _ 627-2600
Zip Code: 80112
( 303 ) _ 627-2626
CC': STATE OR FEDERAL LANDOWNER (if an\ )
Agency: None
Street:
City:
State: Zip Code:
Telephone Number: ( 1 -
CC: STATE OR FEDERAL LANDOWNER (if any)
None
Agency:
Street:
City:
State:
Telephone Number:
Zip Code:
( )-
-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
6.3.7 EXHIBIT B - Site Description
6.3.7 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.
70-
r(P-
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 k forfeited;
7. 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 be' and the boundaries of an approved permit boundary.
substantial civil penalties, to you as permittee can result;
Any modification to tan approved mining and reclamation plan from those described in your approved application
requires you to submit a new pnr mit 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):
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 of permit issuance, you must submit an annual fee (S504), 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 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.
6 -
Certification:
As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of
the following terms and conditions:
All necessary approvals from localgovernment have been applied for (Section 34-32.5-111(1)(a)(IX));
?. 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 34-32.5-1 15(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 miming 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 14-4-503. C.R.S. 1984, as amended.
This forum has been approved by the Mined Land Reclamation Board pursuant to section 341-32.5-111,C.R.S., of the Colorado
Land Reclamation Act for the Extraction of Construction Materials.. -1 ny alteration or modification of this fount shall result in
voiding any permit issued on the altered or modified forun and subject the operator to cease and desist ordL '5cW4,c'ivil penalties
for operating without a permit pursuant to section 34-32.5-123, C.R.S. '``' M S rsr/i
TiF `? • �',''•
SiLrned and dated this day of � edig ?l ee . 2018 ..:.--'1\\,.
s� ),
If Corporati n Attest (Seal) .L : n
SEMA Construction, Inc.
Applicant7Operator
State of ( (c::zCiu
County of Arc.' fns, h
ss.
The foregoing instrument was acknowledged before me this
by t vfcol_ k t:.' . r),."4..4 , ic. S
as V : c e / t c'Stc(cr•-t
NANCY T GUERRERO
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20124067633
MY COMMISSION EXPIRES 10/19/2020
day of
By:
In:
Corporate Secretary or Equivalent
Town'C'ity'C'ounty Clerk
4"_, qq
Notary Publid
of 5c! Cam' "r5 `^� fi� c . t
My Commission expires: /U /1 4/u `-L
SIGNATURES MUST BE IN BLUE INK
Appendix III
Post notice (sign(s)) at location of the proposed mine site:
AFFIDAVIT
NOTICE
This site is the location of a proposed construction 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 Operation Reclamation Permit with the
Colorado Mined Land Reclamation Board. Anyone wishing to
comment on the application may view the application at the Weld
County Clerk and Recorder — Clerk & Recorder's Office, 4209
County Road 1A, Longmont, Colorado 80504 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, got. hereby certify that I posted a sign
containing the above notice for the proposed permit area known as the Betz Borrow
Pit, on 5c73--c:i c&_ ,2018.
, 2018
SIG ATURE Date
58
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