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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: public Rtl;e,w lofts/1 g - cc PLCTP). CO CBC), Pc,Ai ( E.R l c rl l Jm / C K) tOnt/18' OO1 8-- D8131 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. 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J. • . . . . . �. �y��{� {NIi11�TM1�� \� �.�G .rew�'� �r� °� . „ 4�,�Rt3 fRrshmn ite rynpr�esucuwe , . . . , _ � � . . . . . . . � . . . ♦ .� I �� . �y�' a. .' � � :: 1 ��� ��� � �� Q y �yy1�T��� i 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 Pu bt;c RJ 1O/►/ I8" cc: et -C TP), pwC€R/cH13 (d c) 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 PUbluc cc: PLC Mm/ rP), PwC£RICH-I/JM/CK) R/ f/ (8' 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. 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