HomeMy WebLinkAbout20182805.tiffCOLORADO
Division
Mining an i Safety
1313 Sherman St. Room 215
Denver, CO 80203
September 28, 2018
Weld County Commissioners
915 10th St
Greeley, CO 80631
OCT 0 4 2018
RE: Notice of 112 Construction Materials Reclamation Permit Amendment Application
Consideration Weld County Public Works, Peters 313 Pit, Permit No. M-2015-045-(,1.1101)
Please be advised that on September 27, 2018, Weld County Public Works, whose address and telephone
number are 1111 H St. PO Box 758, Greeley, CO 80632; (970) 304-6496, filed an Amendment application to
M-2015-045, Peters 313 Pit, which is located at or near Section 26, Township 12N, Range 63W, 6 Principal
Meridian, in Weld County. The application decision is scheduled for December 26, 2018.
A copy of the application is available for review, unless you receive a CD, at the Weld County Clerk &
Recorder's office and at the office of the Division of Reclamation, Mining and Safety, Room 215, 1313
Sherman Street, Denver, Colorado 80203.
If you desire to make comments or objections of the mine plan and/or the reclamation plan, they must be
submitted within twenty (20) days of the date of the last newspaper public notice to be considered in the
application review process by the Division. You should contact the applicant for the newspaper publication
date. If we do not receive your comments or any objection by the end of the public comment period, the
Office will assume you have no objection or comment to the proposed activity.
If you have any questions, please contact me.
Sincerely,
SSI
Eric C. Scott
Environmental Protection Specialist
M -AR -OS
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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 Virginia Brannon, Director
STATE OF COLORADO )
COUNTY OF WELD )
CLERK TO THE BOARD
1 150 0 STREET, P.O. BOX 758
GREELEY, COLORADO 80632
WEBSITE: WWW.CO.WELD.CO.US
PHONE: (970) 336-7215
FAX: (970) 336-7233
SS
In Weld County, the Clerk to the Board performs those functions relevant to the Board of County
Commissioner records and actions, which are normally performed by the Clerk and Recorder; therefore, the entire
application, as attached, is on file with the Weld County Clerk to the Board.
IN WITNESS THEREOF, I have hereunto set my hand and affixed the seal of said County at Greeley,
Colorado, this day of Otx J , 2018.
RECEIVED
AUG 3 1 2018
WELD COUNTY
COMMISSIONERS
Page 1 of 1
M:\Devin\Mining\Peters313Pit\DRMS\Application Files\CTB CERTIFICATION.docx
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2018-2805
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
Weld COUNTY
Weld County Public Works (the "Applicant/Operator") has applied for a Regular (1 12) reclamation
permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials
operations 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 and 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 twenty (20) days of the date of last publication of notice pursuant to Section 34-32.5-112(10), C.R.S.
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.
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 change.
RECEIVED
SEP 0 4 2018
WELD COUNTY
COMMISSIONERS
STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: (303) 866-3567
FAX: (303) 832-8106
CONSTRUCTION MATERIALS
REGULAR (112) OPERATION
RECLAMATION PERMIT APPLICATION FORM
CHECK ONE: 0 There is a File Number Already Assigned to this Operation
COLORADO
DIVISION OF
RECLAMATION
MINING
— &—
SAFETY
Permit # M - - (Please reference the file number currently assigned to this operation)
ELNew Application (Rule 1.4.5) Amendment Application (Rule 1.10)
Conversion Application (Rule 1.11)
Permit # M -2015 Q45 -
(provide for Amendments and Conversions of existing permits)
The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (1) the application
form; (2) Exhibits A -S, Addendum 1, any sections of Exhibit 6.5 (Geotechnical Stability Exhibit; and (3) the application fee. When you
submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (1) copy of the completed
application form, two (2) copies of Exhibits A -S, Addendum 1, appropriate sections of 6.5 (Geotechnical Stability Exhibit, and a check for
the application fee described under Section (4) below. Exhibits should NOT be bound or in a 3 -ring binder; maps should be folded to
8 1/2" X 11" or 8 1/2" X 14" size. To expedite processing, please provide the information in the format and order described in this form.
GENERAL OPERATION INFORMATION
Type or print clearly, in the space provided, ALL information requested below.
1. Applicant/operator or company name (name to be used on permit): Weld County Public Works
1.1 Type of organization (corporation, partnership, etc.): County Government
2. Operation name (pit, mine or site name): Peters 313 Pit
3. Permitted acreage (new or existing site):
3.1 Change in acreage (+)
3.2 Total acreage in Permit area
4. Fees:
4.1 New Application
4.2 New Quarry Application
4.4 Amendment Fee
4.5 Conversion to 112 operation (set by statute)
5. Primary commoditie(s) to be mined:
Sand and Gravel
80
70.5
150.5
permitted acres
acres
acres
$2,696.00 application fee
$3,342.00 quarry application
$2,229.00 amendment fee
$2,696.00 conversion fee
5.1 Incidental commoditie(s) to be mined: 1. 2. / lbs/Tons/yr
3. / lbs/Tons/yr 4. / 5. / lbs/Tons/yr
5.2 Anticipated end use of primary commoditie(s) to be mined: Road construction and maintenance
5.3 Anticipated end use of incidental commoditie(s) to be mined: N/A
N/A
lbs/Tons/yr
lbs/Tons/yr
-2-
6. Name of owner of subsurface rights of affected land: John L. Peters
If 2 or more owners, "refer to Exhibit O".
7. Name of owner of surface of affected land: John L. Peters
8. Type of mining operation:
Surface Underground
9. Location Information: The center of the area where the majority of mining will occur:
COUNTY: Weld
PRINCIPAL MERIDIAN (check one):
SECTION (write number):
TOWNSHIP (write number and check direction):
RANGE (write number and check direction): R
QUARTER SECTION (check one):
QUARTER/QUARTER SECTION (check one):
6th (Colorado) LI 10th (New Mexico) Ute
S 26
T 12 n North Q South
63 El East J2] West
D El ESW
NE NW SE SW
GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation):
Approximately 5 miles west of the Town of Hereford at an approximate elevation of 5280'
10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM):
Latitude/Longitude:
Example: (N) 39° 44' 12.98"
(W) 104° 59' 3.87"
Latitude (N): deg min sec (2 decimal places)
Longitude (W): deg min sec (2 decimal places)
OR
Example: (N) 39.73691°
(W) -104.98449°
Latitude (N) 40 979960
Longitude(W) -104 409158
OR
Universal Tranverse Mercator (UTM)
Example: 201336.3 E NAD27 Zone 13
4398351.2 N
(5 decimal places)
(5 decimal places)
UTM Datum (specify NAD27, NAD83 or WGS 84)
Fasting
Northing
Nad 83 13
Zone
-3-
11. Correspondence Information:
APPLICANT/OPERATOR (name, address, and phone of name to be used on permit)
Contact's Name: Jay McDonald
Company Name:
Street/P.O. Box:
City:
State:
Telephone Number:
Fax Number:
Weld County Public Works
Title: Director of Public Works
1111 H Street
Greeley
P.O. Box: 758
CO
(970 ) _ 304-6496
(970 ) _ 304-6497
Zip Code: 80632
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name: Clay Kimmi Title: Senior Engineer
Company Name: Same as above
Street/P.O. Box: P.O. Box:
City:
State: Zip Code:
Telephone Number: ( ) -
Fax Number: ( ) -
INSPECTION CONTACT
Contact's Name: Clay Kimmi Title: Senior Engineer
Company Name: Same as above
Street/P.O. Box: P.O. Box:
City:
State: Zip Code:
Telephone Number: ( ) -
Fax Number: ( ) -
CC: STATE OR FEDERAL LANDOWNER (if any)
N/A
Agency:
Street:
City:
State:
Telephone Number:
Zip Code:
( 1 -
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency: N/A
Street:
City:
State: Zip Code:
Telephone Number: ( ) -
-4-
12. Prima future (Post -mining) land use (check one):
Cropland(CR) D Pastureland(PL)
I- i Rangeland(RL) D Forestry(FR)
11 Residential(RS) n Recreation(RC)
JJDeveloped Water Resources(WR)
13. Primary present land use (check one
!a Cropland(CR)
J Rangeland(RL)
RResidential(RS)
Developed Water Resources(WR)
Pastureland(PL)
Forestry(FR)
tJRecreation(RC)
General Agriculture(GA)
f —.I Wildlife Habitat(WL)
Industrial/Commercial(IC)
El Solid Waste Disposal(WD)
HGeneral Agriculture(GA)
Wildlife Habitat(WL)
0 Industrial/Commercial(IC)
14. Method of Mining: Briefly explain mining method (e.g. truck/shovel):
Material will be pushed into a stockpile by an excavator, loader, or dozer.
15. On Site Processing:
Crushing/Screening
13.1 Briefly explain mining method (e.g. truck/shovel):
A haul truck may be used to take material to the crusher.
List any designated chemicals or acid -producing materials to be used or stored within permit area:
N/A
16. Description of Amendment or Conversion:
If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s).
The existing operation will be the same as the original permit. This amendment is for the
addition of mining area only.
-5 -
Maps and Exhibits:
Two (2) complete, unbound application packages must be submitted. One complete application package consists of a signed application
form and the set of maps and exhibits referenced below as Exhibits A -S, Addendum 1, and the Geotechnical Stability Exhibit. Each exhibit
within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively
for ease of reference. If separate documents are used as appendices, please reference these by name in the exhibit.
With each of the two (2) signed application forms, you must submit a corresponding set of the maps and exhibits as described in the
following references to Rule 6.4, 6.5, and 1.6.2(1)(b):
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT H
EXHIBIT I
EXHIBIT J
EXHIBIT K
EXHIBIT L
EXHIBIT M
EXHIBIT N
EXHIBIT O
EXHIBIT P
EXHIBIT Q
EXHIBIT R
EXHIBIT S
Rule 1.6.2(1)(b)
Rule 6.5
Legal Description
Index Map
Pre -Mining and Mining Plan Map(s) of Affected Lands
Mining Plan
Reclamation Plan
Reclamation Plan Map
Water Information
Wildlife Information
Soils Information
Vegetation Information
Climate Information
Reclamation Costs
Other Permits and Licenses
Source of Legal Right -To -Enter
Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined
Municipalities Within Two Miles
Proof of Mailing of Notices to County Commissioners and Conservation District
Proof of Filing with County Clerk or Recorder
Permanent Man -Made Structures
ADDENDUM 1 - Notice Requirements (sample enclosed)
Geotechnical Stability Exhibit (any required sections)
The instructions for preparing Exhibits A -S, Addendum 1, and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and
Rule 1.6.2(l)(b) of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required,
or would like to schedule a pre -application meeting you may contact the Office at 303-866-3567.
Responsibilities as a Permittee:
Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a
number of important requirements which you, as a permittee, should fully understand. These requirements are listed below.
Please read and initial each requirement, in the space provided, to acknowledge that you understand your obligations. If you
do not understand these obligations then please contact this Office for a full explanation.
1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal
liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands
associated with your mining operation in the event your permit is revoked and financial warranty is forfeited;
-6-
2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the 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 permit modification and obtain approval from the Board or Office;
5. It is your responsibility to notify the Office of any changes in your address or phone number;
6. Upon permit issuance and prior to beginning on -site mining activity, you must post a sign at the entrance of
the mine site, which shall be clearly visible from the access road, with the following information (Rule 3.1.12):
a. the name of the operator;
b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land
Reclamation Board; and,
c. the permit number.
7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly
visible and adequate to delineate such boundaries prior to site disturbance.
8. It is a provision of this permit that the operations will be conducted in accordance with the terms and
conditions listed in your application, as well as with the provisions of the Act and the Construction Material Rules
and Regulations in effect at the time the permit is issued.
9. Annually, on the anniversary date of permit issuance, you must submit an annual fee as specified by Statute,
and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if
there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted
annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For
example, a permit with the anniversary date of July 1, 1995, the annual fee is for the period of July 1, 1994 through
June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil
penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the
permittee, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation
responsibility.
10. For joint venture/partnership operators: the signing representative is authorized to sign this document and a
power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this
application.
-7 -
NOTE TO COMMENTORS/OBJECTORS:
It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office. Therefore, if
you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will
know what changes may have been made to the application document.
The Office is not allowed to consider comments, unless they are written, and received prior to the end of the public comment
period. You should contact the applicant for the final date of the public comment period.
If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process, you may
contact the Office at (303) 866-3567.
Title: Director of Public Works
State of Colorado )
) ss.
County of Weld )
-8-
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:
1. To the best of my knowledge, all significant, valuable and permanent man-made structure(s) in existence at the time
this application is filed, and located within 200 feet of the proposed affected area have been identified in this application
(Section 34-32.5-115(4)(e), C.R.S.).
2. No mining operation will be located on lands where such operations are prohibited by law
(Section 34-32.5-115(4)(f), C.R.S.;
3. As the applicant/operator, I do not have any extraction/exploration operations in the State of Colorado currently in
violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials
(Section 34-32.5-120, C.R.S.) as determined through a Board finding.
4. I understand that statements in the application are being made under penalty of perjury and that false statements
made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S.
This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,C.RS., 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, CRS.
Signed and dated this day of
Weld County Public Works
Applicant/Operator or Company Name
If Corporation Attest (Seal)
Signed: Signed:
Corporate Secretary or Equivalent
Town/City/County Clerk
The foregoing instrument was acknowledged before me this day of
by Jay McDonald as Director of Public Works
Notary Public
My Commission expires:
SIGNATURES MUST BE IN BLUE INK
You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a
proposed mining operation. The following is a sample of the Notice required for Rule 1.6.2(1)(b) that you may wish to use.
NOTICE
This site is the location of a proposed construction materials operation. Weld County Public Works
p p p (Name of the Applicant/Operator) ,
whose address and phone number is (Address and Phone Number of the Applicant/Operator) H S[., Greeley, CO80632; 970-304-6596
has applied for a 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 and Recorder's Office,
(Clerk and Recorder's Office Address) 1402 N. 17th Ave., Greeley, CO 80631 , 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, , hereby certify that I posted a sign containing the above notice for the proposed
permit area known as the (Name of Operation) , on (Date Posted)
SIGNATURE DATE
CERTIFICATION
The Applicant, Weld County Public Works
(print applicant/company name),
by Jay McDonald (print representative's name), as Director of Public Works (print
representative's title), does hereby certify that (structure owner) shall
be compensated for any damage from the proposed mining operation to the above listed structure(s)
located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation
Permit Application for Peters 313 Pit (operation name),
File Number M--2015- 045 .
This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its
authority under the Colorado Land Reclamation Act for the Extraction of Construction Materials and
the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations.
Any alteration or modification to this form shall result in voiding this form.
ACKNOWLEGED BY:
Applicant Weld County
Date
NOTARY FOR PERMIT APPLICANT
STATE OF Colorado )
) ss.
COUNTY OF Weld )
Representative Name
Jay McDonald
Title Director of Public Works
The foregoing was acknowledged before me this day of , 20, by
Jay McDonald as Director of Public Works
My Commission Expires:
Notary Public
List of Exhibits
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Exhibit K
Exhibit L
Exhibit M
Exhibit N
Exhibit 0
Exhibit P
Exhibit Q
Exhibit R
Exhibit S
Legal Description
Index Map
Pre -Mining and Mining Plan Maps
Mining Plan
Reclamation Plan
Reclamation Plan Map
Water Information
Wildlife Information
Soils Information
Vegetation Information
Climate Information
Reclamation Costs
Other Permits and Licenses
Source of Legal Right -to -Enter
Owners of Record of Affected Land (surface) and Owners of Substance to be
mined
Municipalities within Two Miles
Proof of Mailing of Notices to the County Commissioners and Soil Conservation
District
Proof of Filing with the County Clerk and Recorder
Permanent Man -Made Structures
EXHIBIT A
LEGAL PROPERTY DESCRIPTION
The Peters 313 Pit consists of approximately 150.5 acres, located in the south half of the
southwest quarter (S '/2 of SW '/4) of Section 26 and the northwest quarter (NW 'A) of Section 35,
Township 12 North, Range 63 West, of the 6th P.M, Weld County, Colorado.
The proposed primary entrance location will be located on County Road 136.5 at
Latitude (N): 40°58'47.75", Longitude (W): 104°24'33.29"
N
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' � � � NOTE:
� M111@8ble Af28 ' 1 ) THE CRUSHER , SCREENS , STACKERS,
AND MATERIAL STOCKPILES WILL BE
200 ' BUffef MOVEDAS NEEDED, WITHAPREFERENCE
\ " FOR STOCKPILES AROUND THE PERIMETER
NRCS Soil Data . . � � . ` � OF THE PERMIT
" ' .r' r . ' _ . ' _ '; "`�' �;-� 2) HAUL ROADS WILL BE MOVEDAS NEEDED
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-- - - - .. �' � , I ;, , ` WITHA TOPSOIL DEPTH OF < 12"
` ""' � �l 4 ) RESOURCE : SANDAND GRAVEL
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AugUst2o , $ Exhibit C2 - Mining Plan Map � � � � � �
Peters 313 Pit DRMS Permit [ = �
Exhibit D
Peters 313 Site Mining Plan
a) Mining Methods
The area to be mined will be stripped so that the crushing and screen plants can be set
up on the northwestern portion of the permitted area. It is anticipated that mining will
be done using excavators, front end loaders, dozers, scrapers, and haul trucks.
Weld County Road 136.5 extends east -west along the north edge of the Peters 313 site
(see Exhibit C2). An access road has been constructed from Weld County Road 136.5 to
the Peters 313 site. Gravel excavation and processing areas will be accessed from that
road.
Any trash generated will be collected in an on -site dumpster and disposed of at the
County landfill. No chemicals are anticipated to be utilized at the site.
b) Earth Moving
Excavation and stockpiling volumes are anticipated to be approximately 100,000 tons per
year. The excavation of gravel and sand reserves is estimated to take 5 years or less.
Approximately 20 to 25 acres (15 acres for stockpiling and processing and 5 to 10 acres
for mining) will be disturbed during the initial phase of the mining operation.
MSHA approved open excavation and fall protection safety measures including fencing
and berms will be installed as needed. During, and following mining, the side slopes of
the pit will be graded for stability and will be re -vegetated as needed to meet the
reclamation plan.
There is typically less than twelve inches of topsoil at the Peters 313 site. Topsoil will be
stockpiled around the perimeter of the permit area as shown on the mine plan map (see
Exhibit C2). The topsoil piles will be seeded to prevent erosion and loss of soil.
c) Water Diversions and Impoundments
The Peters 313 property is tributary to Porter Creek which is an intermittent stream that
is typically dry most months of the year. Berms will be constructed around the perimeter
of the permit area to retain onsite surface water runoff. Additionally, the pit floor will be
sloped back into the pit in order to minimize the amount of water running down the
unmined slopes located below the mining operation.
There are no irrigation structures or surface water impoundments existing or planned at
the site. Water needs for gravel mining and processing operations are expected to be
minimal. Water for dust control can be obtained and hauled from existing County -owned
wells that have been decreed for dust control and industrial uses. Water used in mining
and crushing operations and for dust control is estimated to not exceed 4,000 gallons per
month during operations.
It is anticipated that sand and gravel excavation, crushing, and stockpiling at the site will
not disturb surface water or ground water quality. Erosion control measures (Best
Management Practices) will be installed along the perimeter of disturbed areas. A
Colorado Department of Public Health and Environment Stormwater Construction Permit
will be obtained prior to the start of mining operations.
Previous test pitting performed by others at the Peters 313 site shows the water table is
located more than 15 feet below the surface; therefore, it is anticipated that no
groundwater will be encountered at the site. Weld County will ensure the pit excavation
will not expose groundwater in the event that mining exceeds 15 feet by staying a
minimum of two feet above groundwater. According to information obtained from the
Colorado Division of Water Resources GIS files, the Peters 313 site is not located within a
designated groundwater basin.
d) Work Area Size
Minimal stockpiling of overburden is anticipated. Mined soils unsuitable for construction
use will be separated from the mined gravels and may be stockpiled at the site. These
soil stockpiles will be utilized for excavation backfill and site reclamation. The active
mining work area at any time will be approximately 5 to 10 acres in size. The active
crushing work area at any time will be approximately 10 to 15 acres in size.
e) Operation Time Table
Mining operations have begun within the original permit area (M-2015-045). It is
anticipated that sand and gravel excavation, processing (rock crushing and screening),
and stockpiling within the amendment area will commence upon receipt of approval from
the Colorado Division of Mining and Geology, and receipt of other necessary permits.
Mining will start on the northwest portion of the permitted area and progress to the
southeast.
Gravel excavation and processing will be seasonal with stockpiling of gravel for future
uses depending upon local road repair and construction needs. The material in stockpiles
may be hauled out of the site at any time. The Peters site should not be considered an
intermittent operation.
f) Mined and Unmined Stratum on the Site
Alluvial material will be mined to bedrock. The estimated thickness of gravel -bearing
zones varies from 0 to 20 feet thick. No high wall mining is anticipated.
The sand and gravel deposits to be mined are stream channel deposits associated with
Porter Creek, an ephemeral stream that flows from Wyoming into Colorado and
eventually joins Crow Creek. Therefore, the thickness of overburden to be removed
during gravel extraction is expected to be minimal.
g) Commodities to be Extracted
Sand and gravel are the primary commodities that will be extracted at the Peters 313 site.
The enclosed mine plan map (Exhibit C2) shows the locations for the haul road, gravel
processing (crusher) location, and soil and gravel product stockpile areas.
A mobile rock crusher and screen plant will be installed in the crusher location shown on
the enclosed mine plan map (Exhibit C2) during intermittent crushing operations. It is
anticipated the crusher and other equipment will be located on the site for 6 to 12 months
at a time. Once approximately 100,000 tons of material have been crushed, the crusher
and other equipment will be moved to other County -operated gravel processing sites.
The County will haul material from the stockpiles for its construction and roadbuilding
activities. Once the stockpiles are depleted, the County will move the crusher back into
the site and start the cycle over again.
No secondary commodities are anticipated to be extracted or produced at the Peters 313
site, and no asphalt plants or concrete batch plants will be utilized.
h) Intended Use of Extracted Products
Gravel and sand extracted from the site will be utilized by Weld County Public Works
Department for repair and maintenance of local County roads and other County
construction projects. Soils and mined materials unsuitable for road construction may be
stockpiled at the site. These soil stockpiles may be used for excavation backfill and site
reclamation on County -operated projects. The sale of commercial gravel or sand is not
anticipated.
i) Explosive Use
Explosives will not be used at this site.
Exhibit E
Peters 313 Site Reclamation Plan
Post -mining Land Use:
The post -mining land use will be rangeland. The land included in this permit is owned by Mr.
Peters, and the pre -mining land use was rangeland. The permit area is surrounded by rangeland
also owned by Mr. Peters.
Regrading:
Reclaimed areas will be stabilized by concurrent regrading on areas of the site where excavation
has been completed. Reclaimed slopes will be graded at a maximum of three to one (3:1)
horizontal to vertical in a pattern similar to the pre -mining slopes. The final pit floor configuration
will be graded so that any storm water will be directed along its historical flow path. See Exhibit
F. The mining area access road will be removed unless the property owner requests otherwise.
Seeding:
Disturbed areas will be reclaimed with a native grass mixture. The proposed seed mix for the
disturbed areas is as follows:
Buffalo Grass (Texoka, Sharps Improved)
Little Bluestem
Sideoats Grama (Vaughn, Butte, Niner, El Reno, Haskell)
Blue Grama (Hachital, Lovington)
Western Wheatgrass (Arriba, Barton, Rosana)
Switchgrass (Grenville, Nebraska 28, Blackwell, Pathfinder)
Sand dropseed
Total:
2.5 lbs. / acre
1.5 lbs./acre
2 lbs. / acre
3 lbs./acre
3 lbs. / acre
2 lbs. / acre
0.25 lbs. / acre
14.5 lbs./acre
Seeding of the disturbed areas will be completed between December 1 and May 1. The area will
be monitored until 70% of the original ground cover level is achieved.
Depending on ambient conditions, the application method for those areas being seeded may be
hand broadcast, hydro -seeded, or drilled and crimped. Mulch application at the rate of 2 tons/ac
may be concurrent with seeding. Mulch may include hay, straw and tackifier. All hay or straw
mulch shall be certified noxious weed free grass hay or crop straw. At least 70% of the mulch by
weight shall be 10 inches or more in length. Mulch shall not contain any noxious weeds, mold,
must, cake, or decay. Straw mulch shall not contain excessive viable grain (wheat, barley, or oat
seed.)
Weed Control:
Noxious weeds on the site will be controlled by Weld County. Noxious weeds are Canada thistle,
field bindweed, Dalmatian toadflax and diffuse knapweed.
i. Canada thistle will be sprayed with Milestone at 7 oz/ac or Tordon 22K at 32 oz/ac when
the plant is 6 to 10 inches tall up to the bud stage and/or in the fall as needed.
ii. Field bindweed will be sprayed with Perspective at 5 oz/ac or Tordon 22K and 2,4D each
at 32 oz/ac when the plant is in the flower stage and/or in the fall as needed.
iii. Dalmatian toadflax will be sprayed with Tordon at 32 oz/ac and Telar at 2 oz/ac in the
early flower stage and/or in the fall as needed.
iv. Diffuse knapweed will be sprayed with Milestone at 7 oz/acre or Tordon 22 K and 2,4-D each at
32 oz /ac when the plant is in the rosette to early bolting stage.
iv. If needed, one or two mowing treatments per year may be utilized to help suppress other
vegetation that may compete with grass establishment in the disturbed areas outside of
the areas that are returned to cropland.
v. The property will be monitored once a month from May through October, providing
adequate time to implement the spraying program as described above.
Fertilizers:
No fertilizers will be used.
Trees and Shrubs:
No trees, shrubs, or forbs will be planted.
Topsoil Replacement:
Topsoil will be stockpiled around the perimeter of the permit area, as shown on the mine plan
map (see Exhibit C2). Piles will be seeded to prevent erosion and loss of soil. Topsoil will be
replaced in a thicknesses equal to or exceeding (minimum 4 inches) the original topsoil depths
found at the site.
Reclamation, backfill, and seeding estimated costs:
Approximately $210,000
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Mineable Area ' � ,; � • ^ ' ,�.f.. ,; ; ': � .,,�� NOTE:
" '' k" 1 ) ALL LAND WILL BE RECLAIMED
200 ' B uffer � AS RANGELAND
� 21 RECLAIMED AREA: 137 .5 ACRES
Original Permit Area 3 � SLOPES: 3: 1 ( H :� OR LESS
-- - � 4i MINIMUM 4" TOPSOILTO BE USED
__ ; Proposed Amendment Area � ,�
, , „� - " _
� Section Line Feet
" '��� r_"' � � - .�,�t�1, 0 500 1 , 000 2 , 000
August2018 Exhibit F - Reclamation Map � � � � � -�� �� �� ��
Peters 313 Pit DRMS Permit � = - ' -
Exhibit G
Peters 313 Site Water Information
1) The Peters 313 mining operation is not expected to directly affect surface or groundwater
systems.
2) The Peters 313 property is located about half of a mile to the northeast of Porter Creek;
an intermittent stream that is typically dry most months of the year. Berms will be
constructed around the perimeter of the permit area to retain onsite surface water
runoff. Erosion control measures (Best Management Practices) will be installed along the
perimeter of disturbed areas. A Colorado Department of Public Health and Environment
Stormwater Construction Permit will be obtained prior to the start of mining operations.
Previous test pitting performed by others at the Peters site showed no indication of water
above a depth of 15 feet below the surface; therefore, it is anticipated that no
groundwater will be encountered at the site. Weld County will ensure the pit excavation
will not expose groundwater in the event that mining exceeds 15 feet by staying a
minimum of two feet above groundwater. According to information obtained from the
Colorado Division of Water Resources GIS files, the Peters 313 site is not located within a
designated groundwater basin.
3) Water needs for gravel mining and processing operations are expected to be minimal.
Water used in mining and crushing operations and for dust control is estimated to not
exceed 4000 gallons per month during operations.
4) Water for dust control purposes will be hauled from one of the County's water wells that
are decreed for dust control and industrial purposes.
5) A National Pollutant Discharge Elimination System (NPDES) permit from the Water Quality
Control Division at the Colorado Department of Health will not be necessary on this site
because no water from the site will be discharged directly to surface waters.
Exhibit H
Peters 313 Site Wildlife Information
The Division of Wildlife was contacted on October 20, 2015. Their comments and
recommendations are included.
Significant wildlife resources: This area serves as nesting ground for various species of
migratory ground nesting birds in the spring and early summer months. Initial ground breaking
in the area will commence at a time when nesting is not occurring (before April if possible). If
the initial ground breaking should be projected to start near these times, the division of wildlife
is able to complete a nest survey of the area to make sure no nests will be disturbed.
Wildlife Species in the Area:
Pronghorn Antelope
Horned Larks
Golden Eagle
Mountain Plovers
Endangered/Critical Species:
None
Critical Habitats impacted:
None
Weed Control: Noxious weeds on the site will be controlled by Weld County. Noxious weeds are
Canada thistle, field bindweed, Dalmatian toadflax and diffuse knapweed.
i. Canada thistle will be sprayed with Milestone at 7 oz/ac or Tordon 22K at 32 oz/ac when
the plant is 6 to 10 inches tall up to the bud stage and/or in the fall as needed.
ii. Field bindweed will be sprayed with Perspective at 5 oz/ac or Tordon 22K and 2,4D each
at 32 oz/ac when the plant is in the flower stage and/or in the fall as needed.
iii. Dalmatian toadflax will be sprayed with Tordon at 32 oz/ac and Telar at 2 oz/ac in the
early flower stage and/or in the fall as needed.
iv. Diffuse knapweed will be sprayed with Milestone at 7 oz/acre or Tordon 22 K and 2,4-D each at
32 oz /ac when the plant is in the rosette to early bolting stage.
iv. If needed, one or two mowing treatments per year may be utilized to help suppress other
vegetation that may compete with grass establishment in the disturbed areas outside of
the areas that are returned to cropland.
v. The property will be monitored once a month from May through October, providing
adequate time to implement the spraying program as described above.
Reclamation:
Disturbed areas will be reclaimed with a native grass mixture. The proposed seed mix for the
disturbed areas is as follows:
Buffalo grass (Texoka, Sharps Improved)
Little Bluestem
Sideoats Grama (Vaughn, Butte, Niner, El Reno, Haskell)
Blue Grama (Hachital, Lovington)
Western Wheatgrass (Arriba, Barton, Rosana)
Switchgrass (Grenville, Nebraska 28, Blackwell, Pathfinder)
Sand Dropseed
Total:
2.5 lbs. / acre
1.5 lbs./acre
2 lbs. / acre
3 lbs./acre
3 lbs. / acre
2 lbs. / acre
0.25 lbs. / acre
14.5 lbs./acre
Seeding of the disturbed areas will be completed between December 1 and May 1. The area will
be monitored until 70% of the original ground cover level is achieved.
Depending on ambient conditions, the application method for those areas being seeded may be
hand broadcast, hydro -seeded, or drilled and crimped. Mulch application at the rate of 2 tons/ac
may be concurrent with seeding. Mulch may include hay, straw and tackifier. All hay or straw
mulch shall be certified noxious weed free grass hay or crop straw. At least 70% of the mulch by
weight shall be 10 inches or more in length. Mulch shall not contain any noxious weeds, mold,
must, cake, or decay. Straw mulch shall not contain excessive viable grain (wheat, barley, or oat
seed.)
Exhibit I
Peters 313 Soil Information
Soils at the Peters 313 site are described on Sheets 13 and 36 in the Soil Survey of Weld County,
Colorado — Northern Part published in 1981 by the Soil Conservation Service. Soils at the site include
gravelly, and sandy loamy alluviums (Ardidic Calciustolls and Aridic Argiustolls) associated with the
terraces of Porter Creek. These areas are shown on Exhibit C2, and on the map on the following page.
The site contains approximately 30 acres of Ascalon fine sandy loam (unit 4), 105 acres of Peetz gravelly
sandy loam (unit 51), approximately 10 acres of Ascalon sandy loam (unit 5), and approximately 5 acres
of Paoli fine sandy loam (unit 49).
The 1981 soil survey identifies the areas of Ascalon fine sandy loam describes a deep, well -drained soil
with a fine sandy loam surface layer 8 inches thick(topsoil). Substratum to a depth of 60 inches or more
is calcareous sandy loam. This unit is used as non -irrigated cropland and rangeland.
The description given for Peetz gravelly sandy loam as a deep, somewhat excessively drained soil. The
surface layer (topsoil) is greyish brown gravelly sandy loam 4 inches thick, and the lower part is brown
very gravelly loamy sand 4 inches thick. The underlying material, to a depth of 60 inches or more, is
calcareous very gravelly sand. Most areas of this unit are used as rangeland. A few areas are used as a
source of gravel.
The description given for Ascalon sandy loam describes a deep, well -drained soil with a sandy loam
surface layer 6 inches thick. Substratum to a depth of 35 inches is sandy clay loam. Substratum to a
depth of 35-80 inches is sandy loam. Most areas of this unit are used as rangeland.
The description given for Paoli fine sandy loam describes a deep, well -drained soil, with a fine sandy
loam surface layer 15 inches thick (topsoil). Substratum to a depth of 60 inches or more is sandy loam.
Most areas of this unit are used as rangeland.
; Soil Map—Weld County, Colorado. Northem Part 3
Nt �
� (Pe[ers 313 Pit DRMS Permit) �
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� 5Dn Natural Resources Web Soil Survey 7/18/2018
� Conservation Service National Cooperative Soil Survey Page 1 of 3
Soil Ma�Weld County, Colorado, Northem Part
(Peters 313 Pd DRMS Permiq
MAP LEGEND MAP INFORMATION
Area of Intercst (aOq Spoil nrea The soil surveys ihat compnse your AOI were mapped at
��, Mea of Interest (AOq �, �yon S ot � �24,000.
_ Y P
Soils ,� ve Ston 5 ot Please rely on the bar scale on each map sheet for map
Soil Map Unit Polygons "' ry Y P measurements.
�'� Wet Spat
..,. soil Map Unit �ines " Source of Map�. Naturel Resources Conservation Service
aher Web Soil Survey URL�.
� Soil Map Unit Points � Coordinate System: Web Mercator (EPSG�. 3857j
.- Special Line Features
special Point Features Maps from the Web Soil Survey are based on ihe Web Mercator
V Blowout Warer Featurea projection, which preserves direction and shape but distorts
St�eams and canals distance and area. A projection that preserves area, suU as the
� Bo❑ow Prt Albers equal-area conic projection. should be used if more
Tronsportatian
� clay Spot accurate calculations of distance or area are required.
�y Rails
. . Closed Depression This product is generated from the USDA-NRCS certified data as
�v Interstate Highways of the verslon date(s) listed below.
� Gravel Pit
.,,�,. Us Routes Soil Survey Area: Weld County, Coloredo, Northem Part
„ Gravely Spot Ma or Roads Survey Area Data: Version 12, Oct 10, 2017
1
� Lanafll Local Roeds Soil map units are labeled (as space allows) for map scales
Lava Flow 1 :50,000 or larger.
� Background
� Marsh or swamp . qerial ahotography Date(s) aerial images were photographed: Feb 22, 201f�Sep
22, 2016
.k, Mine or Quarry
The orthophoto or other base map on which [he soil lines were
� Misceilaneous Water compiled and digdized probably differs from ihe background
imagery displayed on these maps. As a result, some minor
� Perennial Water shifting of map unit boundanes may be evident.
�;,, Rack Outcrop
+. Saline Spot
Sandy Spot
�.�.. Severely Erodetl Spot
� Sinkhole
�, Slide or Slip
� Sodic Spot
I:SD.� Natural Resources Web Soil Survey 7It8/2018
�� Conservation Service Na6onal Cooperative Soil Survey Page 2 of 3
Soil Map —Weld County, Colorado, Northern Part
Peters 313 Pit DRMS Permit
Map Unit Legend
Map Unit Symbol
Map Unit Name
acres in AO1
Percent of AOF
4
Ascalon fine sandy loam, 0 to
6 percent slopes
1,313.8
42.7%
5
Ascalon sandy loam, 5 to 9
percent slopes
342.1
11.1%
11
Badland
9.6
0.3%
27
Epping silt loam, 0 to 9 percent
slopes
95.3
3.1%
31
Kim -Mitchell complex, 0 to 6
percent dopes
7.2
0.2%
40
Nunn loam, 0 to 6 percent
slopes
27.6
0.9%
49
Paoli fine sandy loam, 0 to 6
percent slopes
352.4
11.5%
51
Peetz gravelly sandy loam, 5
to 20 percent slopes
768.7
25.0%
54
Platner loam, 0 to 3 percent
slopes
17.5
0.6%
61
Stoneham fine sandy loam, 0
to 6 percent slopes
53.6
1.7%
66
Thedalund-Keota loarns, 0 to 3
percent slopes
26.1
0.8%
67
Thedalund-Keota foams, 3 to 9
percent slopes
62.5
2.0%
Totals for Area of Interest
3,076.6
100.0%
USpA Natural Resources Web Soil Survey 7/18/2018
Conservation Service National Cooperative Soil Survey Page 3 of 3
Exhibit J
Peters 313 Vegetation Information
The Weld County Weeds department identified the following vegetation in the area:
Marestail
Hairy Golden Aster
Grama, blue
Sand Dropseed
Native Thistle, Platte
Sunflower
Ragweed
Russian Thistle
Prickly Poppy
Switchgrass
Tumble Mustard
Cheatgrass
Fescue
Exhibit K
Peters 313 Climate Information
The climate at the Peters 313 site is classified as semi -arid. Summers are characterized by daily high
temperatures of over 90 degrees Fahrenheit dropping to 50 degrees Fahrenheit at night. Winters are
characterized by daytime temperatures near 32 degrees Fahrenheit with nighttime temperatures
dropping to 10 to 20 degrees Fahrenheit. Annual precipitation is approximately 12 to 14 inches, with
summer precipitation coming from localized convection cell thunderstorms. Winter precipitation comes
in the form of snow and rain.
Exhibit L
Peters 313 Reclamation Costs
See the attached mine reclamation map (Exhibit F) showing the proposed gradient of all disturbed
slopes and the location of revegetation areas. It is anticipated that no ponds will be constructed or
remain on site. The average thickness of overburden is minimal; however, overburden and excavated
soil materials unsuitable for road construction will be use to backfill excavated areas and for site re-
grading to stable slopes. Stockpiled topsoil will be placed on re -graded areas prior to re -seeding with
approved plant type seed mixes. Final site reclamation costs include the cost of native dry land grass
seed and mulch application.
The mining plan includes concurrent regrading of mined areas. It is anticipated that final grading and
placement of topsoil from on -site stockpiles, followed by re -seeding, will cost approximately $210,000.
No financial warranty is required because Weld County is a County entity. A written guarantee will be
provided stating that the affected lands will be reclaimed in accordance with the terms of the permit.
Exhibit M
Peters 313 Other Permits and Licenses
Other permits required for the Peters 313 operation:
1. The proposed Peters 313 Pit Gravel Pit operation will comply with Weld County zoning
regulations.
a. Use by Special Review (USR) permit — approved by the Weld County Board of
County Commissioners
2. Permits will be applied for from the Colorado Department of Public Health and
Environment (CDPHE)
a. CDPHE — Water Quality Control Division (WQCD) for a storm water discharge
permit
b. Air Pollution Control Division (APCD) for air pollution emission notice (APEN)
permit
When this application is complete, letters of notification will been sent to the National Resources
Conservation Service (NRCS), Colorado Department of Wildlife (DOW) and the Colorado State Historical
Society.
Exhibit N
Peters 313 Source of Legal Right to Enter
Weld County has entered into a long term lease agreement with the owner of the Peters 313 property,
John L. Peters. Please see the attached Right to Enter form.
FIRST AMENDMENT TO
RIGHT TO ENTER AGREEMENT
TO OBTAIN SOIL AND/OR GRAVEL
FOR ROAD PURPOSES
THIS FIRST AMENDMENT TO RIGHT TO ENTER AGREEMENT TO OBTAIN SOIL
AND`OJGRA L FOR ROAD PURPOSES (this "First Amendment") is made and entered into
this �� ay of 2018, by, and between the Board of County Commissioners of the County
of Weld, State of C rado, 1150 "O" Street, Greeley, Colorado 80631, (hereinafter referred to as
"County"), and John Peters, P.O. Box 37, Hereford, CO 80732, (hereinafter referred to as
"Owner")
WITNESSETH:
WHEREAS, the County and the Owner entered into a RIGHT TO ENTER AGREEMENT
TO OBTAIN SOIL AND/OR GRAVEL FOR ROAD PURPOSES dated October 19, 2015 under
document number 2015-3367 of the Weld County, Colorado records (the "Right of Entry
Agreement").
WHEREAS, the parties hereto desire to amend and modify certain terms and provisions of
the Right of Entry Agreement to permit County to enter onto an additional portion of Owner's
Property (hereinafter referred to as the "Amendment Area") for the purpose of extracting
soil/gravel, the additional land is described by the legal description in Exhibit C.
WHEREAS, the original agreement was between John Peters in his individual capacity,
and as owner of the land described in the Right to Entry Agreement. This First Amendment is
between John Peters as the Owner of the Peters 313 Ranch, but both John Peters as an individual
and John Peters as the Owner of Peters 313 Ranch agree to this First Amendment,
WHEREAS, Owner, operating under "Peters 313 Ranch, Inc.", is in possession of certain
property located in:
NW Quarter of Section 35, Township 12 North, Range 63 West of the 6`h P.M.,
(hereinafter referred to as "Owner's Property")
WHEREAS, County intends to engage in one or more road improvements project(s) within
Weld County, (hereinafter referred to as the "Project") and is in need of sand, soil, and/or gravel
in order to complete said Project, and
WHEREAS, Owner's Property contains sand, soil and/or gravel which County deems
appropriate for use in the Project and which Owner desires to sell to County, and
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein and other good and valuable consideration, the receipt and adequacy of which are hereby
confessed and acknowledged, the parties agree to amend and modify the Right of Entry Agreement
as follows:
Page 1 of 3
7O/,� 6347
1. The foregoing recitals and conditions of the Right of Entry Agreement dated October
19, 2015 are hereby incorporated as if fully restated in this First Amendment to the
Right of Entry Agreement.
2. The Exhibits attached to this First Amendment are hereby attached to and made a part
of the Right of Entry Agreement.
3. Except as expressly amended or modified herein all terms and provisions of the Right
of Entry Agreement shall remain the same. In the event of any conflict between the
terms and provisions of this First Amendment and the terms and provisions of the Right
of Entry Agreement, the terms and provisions of this First Amendment shall control
and supersede over the terms and provisions of the Right of Entry Agreement.
IN WITNESS WHEREOF, the parties have duly executed this First Amendment as of the day
and year first above written.
PROPERTY OWNER:
Peters 313 Ranch, Inc.
a Colorado corporation
Owner Signature:
Printed Name: John
rs, Owner
WELD COUat• C�( _ -
ATTEST: „/, 44.1 �� Jdf4;tok
Weld C . my Clerk to the Board
BY:
1177>
Deputy C ! rk to the : f � ) ' ` Steve Moreno, Chair
AUG 06 2018
IL
`.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Page 2 of 3
oZo/5-- .33 G 7
EXHIBIT C
LEGAL PROPERTY DESCRIPTION
OF AMENDMENT AREA
Approximately 70 5 acres, located in the northwest quarter of Section 35, Township 12 North,
Range 63 West, of the 6th P M , Weld County, Colorado
The Amendment Area is the area within the boundary descnbed as follows
Beginning at a point which is located N01°03'21 96"E 125 92 feet from the northwest corner of
Section 35, Township 12 North, Range 63 West, of the 6th P M , Weld County, Colorado,
commence NO1°03'27 36"E 2,481 10 feet, thence S90°00'00 00"E 2,639 34 feet, thence
N46°15'54 00"W 2059 19 feet, thence N67°17'08 I6"E 364 18 feet, thence N49°16'15 60"W
506 88 feet, thence S56°37'19 92"W 265 08 feet, thence N16°23'22 20"W 161 51 feet, thence
N44°45'21 24"W 797 37 feet to the point of beginning
EXHIBIT D : V' JUNE 2d18 "
' PETERS 313 PIT FIRST AMENDMENT �
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apoxcaole State or Loca� law WELO C��UNTY MAKES N9
N[ARRANTIES OR GUARANTEES EITHER EXPRESSED OR
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. ��^,RRECTNESS JF SUCH FRQOi,��T NOR nCGEPTS 4Nr
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Exhibit 0
Peters 313 Owners of Record of Affected Land (surface area) and
Owners of Substance to be Mined
The land owner of the Peters 313 site is: John L. Peters and Peters 313 Ranch, Inc., a Colorado
Corporation owned by John L. Peters
The owner of the sand and gravel under the Peters 313 site is: John L. Peters and Peters 313 Ranch, Inc.,
a Colorado Corporation owned by John L. Peters
In addition, John Peters owns all adjoining land.
Exhibit P
Peters 313 Municipalities within Two Miles
The proposed Peters 313 site lies in unincorporated Weld County. There are no municipalities within a
two-mile radius of the proposed Peters gravel mine site. The unincorporated town of Hereford is
approximately five miles east of the site, and the town of Grover is approximately 12 miles southeast of
the site.
Exhibit Q
Peters 313 - Notices to the Board of County Commissioners and the
Soil Conservation District
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
Weld COUNTY
Weld County Public Works (the "Applicant/Operator") has applied for a Regular (112) reclamation
permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials
operations 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 and 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 twenty (20) days of the date of last publication of notice pursuant to Section 34-32.5-112(10), C.R.S.
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.
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 change.
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION
NOTICE TO THE BOARD OF SUPERVISORS
OF THE LOCAL CONSERVATION DISTRICT
West Greeley DISTRICT
Weld County Public Works (the "Applicant/Operator") has applied for a Regular (112) reclamation permit
from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials operations
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 and 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 twenty (20) days of the date of last publication of notice pursuant to Section 34-32.5-112(10), C.R.S.
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.
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 change.
Exhibit S
Peters 313 Permanent Man-made Structures
There are no new manmade structures within 200 feet of the mineable area (see Exhibits Cl, C2, and F).
Agreements for all structures within 200 feet of the original mineable area were sent via certified mail to
each structure owner per the original permit application. Proof of mailing and any agreements received
were included with the original permit application.
Several manmade structures were addressed in the original permit application. John Peters owns a
fence along the western boundary of the permit boundary. He also owns a private gravel road leading
to a tank battery. EOG (now Highpoint Resources) owns a cattle guard at the entrance to a tank battery
and the tank battery to the southwest of the permit boundary. The cattle guard is within 200 feet of the
permit boundary and mineable area as shown in Exhibits C1 and C2. The tank battery is within 200 feet
of the permit boundary but not within 200 feet of the mineable area. Mining operations will not occur
within 200 feet of the tank battery. Weld County owns CR 136.5 and a cattle guard adjacent to the
permit boundary. Weld County will ensure repairs of any damages to either the cattle guard or County
Road 136.5. The OneOk Bakken Pipeline is within 200 feet of the permit boundary. In addition, the
proposed haul road will cross over four gas pipeline easements, one of which is owned by Kinder
Morgan and three owned by Tallgrass Energy Partners.
An Engineering Evaluation is attached to provide information regarding measures Weld County will be
taking to protect all structures within 200 feet of the permit area.
Rule 1.6.2(1)(b) Public Notice
PUBLIC NOTICE
Weld County Public Works; P.O. Box 758, Greeley, CO 80632, 970-304-6496 , has filed an
application for a Regular (112) Construction Materials Operation Reclamation Permit with the
Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act
for the Extraction of Construction Materials. The proposed mine is known as the Peters 313 Pit,
and is located in Section 35, Township 12 North, Range 63 West, Sixth Prime Meridian.
The proposed date of commencement is March 1, 2018, and the proposed date of completion is
October 1, 2030. The proposed future use of the land is rangeland. Additional information and
tentative decision date may be obtained from the Division of Reclamation, Mining, and Safety,
1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567, or at the Weld
County Clerk and Recorder's office; 1150 0 St, Greeley, CO 80632, or the above -named
applicant.
Comments must be in writing and must be received by the Division of Reclamation, Mining, and
Safety by 4:00 p.m. on December 31, 2018.
Please note that under the provisions of C.R.S. 34-32.5-101 et seq. Comments related to noise,
truck traffic, hours of operation, visual impacts, effects on property values and other social or
economic concerns are issues not subject to this Office's jurisdiction. These subjects, and
similar ones, are typically addressed by your local governments, rather than the Division of
Reclamation, Mining, and Safety or the Mined Land Reclamation Board.
Peters 313 Pit Pre -Mining Engineering Evaluation
The Peters 313 pit area currently has slopes ranging as steep as 5:1 and the area is stable. Weld
County plans to mine the pit so all slopes are mined to a 3:1 slope or less. All slopes will be
reclaimed to a 3:1 slope or less. No high wall mining will occur. The minimum offset from any
structure will be 25 feet. In most areas, the distance from the structure to the edge of the pit
will be much greater than 25 feet.
To ensure that no vehicles or equipment travel onto the OneOk Bakken pipeline that runs
north -south along the far west edge of the permit area, Weld County will construct the access
road entirely outside of the 50 -foot pipeline easement (25 feet on each side of the pipe), on the
East side. Additionally, Weld County will install a small berm along the western edge of the
access road to prevent vehicles from wandering into the OneOk Bakken easement.
There are four pipelines operated by Tallgrass and Kinder Morgan which will be crossed by the
access road. The access road will be raised to add cover over all of these pipes. No mining will
occur within 200 feet of the pipelines.
A tank battery exists southwest of the site within 200 feet of the permit boundary, but not
within 200 feet of the mineable area. To protect the tank battery, no mining operations will
occur within 200 feet of the tank battery as shown in Exhibits C1 and C2.
Weld County has included evidence of attempts to contact the owners of structures which are
located within 200 feet of the mineable area. Copies of the structures agreements which have
been signed are included with this application revision. Certified mail receipts for those
structures owners which have not returned the agreement have also been included. Weld
County commits to continuing to obtain structures agreements from those structure owners.
Weld County also commits to compensating all structures owners if damage occurs to their
structures as a result of our mining activity.
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