HomeMy WebLinkAbout20174073.tiffLetter of Transmittal
DATE: January 3, 2018
TO: Weld County Clerk to the Board
1150 O Street
Greeley, Colorado 80632
FROM: Bill Schenderlein
Blue Earth Solutions, LLC
P.O. Box 2427
Fort Collins, Colorado 80522
(970) 227-2803
(blue earth
SOLUTIONS
RECEIVED
JAN 032018
WELCOUNTY
COMMA! SION RS
WE TRANSMIT:
•
Attached
Information Below
Remarks:
THE FOLLOWING:
❑ Originals
II Copy of Letter
❑ Applications
❑ Specifications
❑ Other
FOR YOUR:
■ Use
❑ Approval
ElInformation
nReview & Comment
Submission of this material satisfies requirements of the Mine Land Reclamation Board
Construction Materials Limited Impact (110) Reclamation permit application. The enclosed
application material must remain for public review at least sixty (60) days after a decision on
said application has been made the Office of Mined Land Reclamation (Rule 1.6.2 (2)).
Confidential materials were purposely excluded.
• One (1) copy of DRMS Construction Materials Limited Impact (110) Reclamation
permit response to staff incompleteness letter dated December 29, 2017 — Harmony
Windsor Site — Serfer Land Ventures LLC.
Signed:
PJb1;c, P
Blue Earth Solutions, LLC ♦ P.O. Box 2427 ♦ Fort Collins, CO 80522 • (970) 227-2803
ce. PL C m m / TP.3 o7 +011-`-1013
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ot/ IS/t'
Letter of Transmittal
(blue earth
SOLUTIONS
DATE: January 3, 2018
TO: Division of Reclamation, Mining, and Safety
Attn: Mr. Peter Hays
1313 Sherman Street, Room 215
Denver, Colorado 80203
(303) 866-3567
FROM: Bill Schenderlein
Blue Earth Solutions, LLC
P.O. Box 2427
Fort Collins, Colorado 80522
(970) 227-2803
WE TRANSMIT:
•
Attached
Information Below
THE FOLLOWING:
III Originals
Copy of Letter
O Applications
❑ Specifications
❑ Other
FOR YOUR:
■ Use
❑ Approval
nInformation
nReview & Comment
Remarks:
Submission of this material in response to staff Incompleteness Letter dated December 29, 2017 is for
review and approval of the Harmony Windsor Site Mine Land Reclamation Board Construction
Materials Limited Impact 110 Reclamation Permit Application.
• Revised Letter of Authorization to submit materials on behalf of Serfer Land Ventures LLC.
• Revised Property and Mining Site Access Agreement for accessing the Harmony Gardens Site.
• Revised Original of signed and notarized Construction Materials Limited Impact (110)
Reclamation Permit Application Form.
• Two (2) Copies of revised signed and notarized Construction Materials Limited Impact (110)
Reclamation Permit Application Form.
Blue Earth Solutions, LLC • P.O. Box 2427 • Fort Collins, CO 80522 • (970) 227-2803
December 11, 2017
Division of Reclamation, Mining, and Safety
1313 Sherman Street, Room 215
Denver, Colorado 80203
RE: Property and Mining Site Access Agreement
Serfer Land Ventures, LLC,— Harmony Windsor Site
To whom it may concern:
Serfer Land Ventures, LLC. (4315 E. Harmony Road, Fort Collins, CO 80528) is the property
owner and Connell Resources, Inc. (7785 Highland Meadows Parkway, Fort Collins, CO 80528)
is the current contractor and Division of Reclamation, Mining and Safety (DRMS) permit holder
for the Harmony Gardens Site, M-2017-021, in Weld County, Colorado. Serfer Land Ventures,
LLC. and Connell Resources, Inc. hereby grant access to Serfer Land Ventures, LLC. and their
contractors to cross the Harmony Gardens Site property and M-2017-021 permit area during
mining and reclamation of the proposed Harmony Windsor Site.
Serfer Land Ventures, LLC.
Narpe lP
gna
Title
' 3'✓60ec:?
r2/e/,•
Date
Date
Connell Resources, Inc.
(Signature) 'kJ"
V c.4 Prc9t
Title
17-\
December 11, 2017
Division of Reclamation, Mining, and Safety
1313 Sherman Street, Room 215
Denver, Colorado 80203
RE: Serfer Land Ventures, LLC, Harmony Windsor Site
Authorization Letter for Blue Earth Solutions, LLC
To whom it may concern:
We authorize Blue Earth Solutions, LLC, P.O. Box 2427, Fort Collins, Colorado, 80522, to
perform work and submit material for the Harmony Windsor Site on behalf of Serfer Land
Ventures, LLC.
Serfer Land Ventures, LLC,
Title
Date
SERVER LAND VENTURES HARMONY WINDSOR SITE
DIVISION OF RECLAMATION, MINING AND SAFETY
110 LIMITED IMPACT PERMIT APPLICATION
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SERFER LAND VENTURES LLC
4315 East Harmony Road
Fort Collins, Colorado 80528
Glue earth
SOLUTIONS
P.O. Box 2427, Fort Collins, CO 805262
1
Revised January 2, 2018
Revised December 18, 2017
November 2017
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
CHECK ONE:
CONSTRUCTION MATERIALS
LIMITED IMPACT (110) OPERATION
RECLAMATION PERMIT APPLICATION FORM
There is a File Number Already Assigned to this Operation
Permit # M -
COLORADO
DIVISION OF
RECLAMATION
MINING
— &—
SAF ETY
-� (Please reference the file number currently assigned to this operation)
New Application (Rule 1.4.5) E Amendment Application (Rule 1.10)
Conversion Application (Rule 1.11)
Permit # M -
(provide for Amendments and Conversions of existing permits)
The application for a Construction Materials Limited Impact (110) Operation Reclamation Permit contains three major parts: (1) the
application form; (2) Exhibits A -J, Exhibit L, Addendum 1, any sections of Exhibit 6.5 and Geotechnical Stability Exhibit, as required by
the Office, and outlined in Rules 6.1, 6.2, 6.3, 6.5, and 1.6.2(1)(b); and (3) the application fee. When you submit your application, be sure
to include one (1) complete signed and notated ORIGINAL and one (1) copy of the completed application form, two (2) copies of
Exhibits A -J, Exhibit L, Addendum 1, and appropriate sections of 6.5 (Geotechnical Stability Exhibit), as required, and a check for the
application fee described under (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 described below.
1. Applicant/operator or company name (name to be used on permit): Serfer Land Ventures, LLC.
1.1 Type of organization (corporation, partnership, etc.): Limited Liability Company
2. Operation name (pit, mine or site name):
3. Permitted acreage (new or existing site):
3.1 Change in acreage (+)
3.2 Total Acreage in Permit Area
4. Fees:
4.1 New Application:
Amendment Fee (C.R.S. 34-32.5-125(II)):
Harmony Windsor Site
5. Primary commoditie(s) to be mined: sand gravel
5.1 Incidental commoditie(s) to be mined: 1. n/a / lbs/Tons/yr
4. / lbs/Tons/vr
5.2 Anticipated end use of primary commoditie(s) to be mined:
Anticipated end use of incidental commoditie(s) to be mined:
9.9
permitted acres
0 acres
9.9 acres
$1258.00 application fee
$827.00 application fee
2. / Ibs/Tons/vr 3. / lbs/Tons/vr
5. / lbs/Tons/yr
Construction Materials
n/a
Contact's Name:
Company Name:
Street/P.O. Box:
City:
State:
Telephone Number:
Fax Number:
INSPECTION CONTACT
Contact's Name:
Company Name:
Street/P.O. Box:
City:
State:
Telephone Number:
Fax Number:
-2-
11. Correspondence Information:
APPLICANT/OPERATOR (name, address, and phone of name to be used on permit)
Chris Serbousek
Contact's Name:
Company Name:
Street/P.O. Box:
City:
State:
Telephone Number:
Fax Number:
Serfer Land Ventures, LLC.
Title: Managing Member
4315 East Harmony Road
Fort Collins
P.O. Box:
Colorado
(303 J _ 419-6781
Zip Code: 80528
PERMITTING CONTACT (if different from applicant/operator above)
Bill Schenderlein
Title: Project Manager
Blue Earth Solutions, LLC
Fort Collins
P.O. Box: 2427
Colorado
(970 ) _ 227-2803
Zip Code: 80522
Kevin Anderson
Connell Resources, Inc.
Title: Aggregate Development Manager
7785 Highland Meadows Parkway
Fort Collins
P.O. Box:
Colorado
(970 ) _ 223-3151
(970 ) _ 223-3191
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Zip Code: 80528
Street:
City:
State: Zip Code:
Telephone Number: ( ) -
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( J -
-3-
7. Name of owner of the subsurface rights of affected land: Serfer Land Ventures, LLC.
8. Name of owner of the surface of affected land: Serfer Land Ventures, LLC.
9. Type of mining operation: ✓ Surface [ J Underground
10. Location information: The center of the area where the majority of mining will occur:
COUNTY: Weld
In -situ
PRINCIPAL MERIDIAN (check one): 0 6th (Colorado) ® 10th (New Mexico) El Ute
SECTION (write number): S 6
TOWNSHIP (write number and check direction): T 6.0 North ® South
RANGE (write number and check direction): R 67.0 El East 171 1 West
QUARTER SECTION (check one): T1 NE [71 NW El SE IT SW
QUARTER/QUARTER SECTION (check one): El NE NW E SE El SW
GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation):
In the Town of Windsor, south of Harmony Road approximately 2 miles east of the Town of Timnath
11. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM):
Latitude/Longitude:
Example: (N)
(W)
39° 44' 12.98"
104° 59' 3.87"
Latitude (N): deg 40 min 31 sec 2 12.00 (2 decimal places)
Longitude (W): deg 104 min 56 sec 21 99.00 (2 decimal places)
OR
Example: (N) 39.73691°
(W) -104.98449°
Latitude (N)
(5 decimal places)
Longitude(W) (5 decimal places)
OR
Universal Tranverse Mercator (UTM)
Example: 201336.3 E NAD27 Zone 13
4398351.2 N
UTM Datum (specify NAD27, NAD83 or WGS 84) _ NAD83 Zone 13
Easting
Northing
-4-
12. Primar future (Post-minin¢) land use (check 4):
Cropland(CR)
Rangeland(RL)
Residential(RS)
r--i Developed Water Resources(WR)
13. Prim resent land use (check one):
Cropland(CR)
® Rangeland(RL)
RResidential(RS)
Developed Water Resources (WR)
s--
Pastureland(PL)
Forestry(FR)
Recreation(RC)
Pastureland(PL)
Forestry(FR)
Recreation(RC)
pGeneral Agriculture(GA)
Wildlife Habitat(WL)
Industrial/Commercial(IC)
Solid Waste Disposal(WD)
General Agriculture(GA)
Wildlife Habitat(WL)
Industrial/Commercial(IC)
Mining (MN)
14. If this operation will use designated chemicals, or will result, or presently has acid mine drainage - you cannot use this application
form. You must submit either a 110d or 112d application form for Designated Mining Operations. In either case, you must list
any acidic or toxic -forming materials, exposed or disturbed as a result of the mining operation, and whether the operation will
result in or presently has acid mine drainage:
n/a
15. Description of Amendment or Conversion:
If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s):
n/a
Maps & Exhibits:
Submit two (2) complete, unbound copies of the following application exhibits:
6.3.1
6.3.2
6.3.3
6.3.4
6.3.5
6.3.6
6.3.7
6.3.8
6.3.9
6.3.10
6.3.12
1.6.2(1)(b)
6.5
EXHIBIT A - Legal Description and Location Map
EXHIBIT B - Site Description
EXHIBIT C - Mining Plan
EXHIBIT D - Reclamation Plan
EXHIBIT E - Maps, to include the location of any recorded easements
EXHIBIT F - List of Other Permits and Licenses Required
EXHIBIT G - Source of Legal Right -to -Enter
EXHIBIT H - Municipalities Within a Two-mile Radius
EXHIBIT I - Proof of Filing with County Clerk
EXHIBIT J - Proof of Mailing Notices of Permit Application
EXHIBIT L - Permanent Man -Made Structures
ADDENDUM 1 - Notice Requirements (sample enclosed)
Geotechnical Stability Exhibit (as required)
cots—
eJ1
-5-
Re_ snonai ilities as a P rmiffon:
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.
itsC 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability
for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your
mining operation in the event your permit is revoked and financial warranty is forfeited;
2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the
terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the
application or your permit misrepresent important material facts;
3. 1f 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 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 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 pennittee, 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 oermi :: the signing representative is authorized to sign when document and a power
of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application.
-6 -
NOTE TO COMMENTORS/QBJEQTORS:
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 review and decision or appeals process, you may contact the
Office at (303) 866-3567.
-7 -
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. All necessary approvals from local government have been applied for (Section 34-32.5-110(1)(a)(VIII).
2. 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.). (NOTE: For 110 operations, the affected area includes all lands delineated by the permit
boundary.)
3. 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.).
4. As the applicant/operator, I do not have any mining/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.).
5. I understand that statements in the application are being made under penalty of perjury and that false statements made herein
are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. 1984.
This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-110,O R.S., of the Colorado Land
Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any
permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating
without a permit pursuant to section 34-32.5-123, C.R.S.
Signed and dated this day of)q) (r7
Serfer Land Ventures, LLC.
Applicant/ t, aerator
Signed:
Title:
State of (le t....'/ais-h C
County of
) ss.
The foregoing instrument was acknowledged before me this / day of
, by '.k MMS as
If Corporation Attest (Seal)
Signed:
Corporate Secretary or Equivalent
Town/City/County Clerk
CORY URBAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20044028536
MY COMMISSION EXPIRES AUGUST 15, 2020
N. ary P bli
VIA' C mmission expires:
SIGNATURES MUST BE IN BLUE INK
Letter of Transmittal
DATE: December 18, 2017
TO: Weld County Clerk to the Board
1150 O Street
Greeley, Colorado 80632
FROM: Bill Schenderlein
Blue Earth Solutions, LLC
P.O. Box 2427
Fort Collins, Colorado 80522
(970) 227-2803
(blue earth
SOLUTIONS
RECEIVED
DEC 18 2017
WELD COUNTY
COMMISSIONERS
WE TRANSMIT:
•
Attached
Information Below
Remarks:
THE FOLLOWING:
n Originals
■ Copy of Letter
n Applications
nspecifications
n Other
FOR YOUR:
■ Use
❑ Approval
nInformation
rl Review & Comment
Submission of this material satisfies requirements of the Mine Land Reclamation Board
Construction Materials Limited Impact (110) Reclamation permit application. The enclosed
application material must remain for public review at least sixty (60) days after a decision on
said application has been made the Office of Mined Land Reclamation (Rule 1.6.2 (2)).
Confidential materials were purposely excluded.
• One (1) copy of DRMS Construction Materials Limited Impact (110) Reclamation
permit response to staff incompleteness letter dated December 8, 2017 — Harmony
Windsor Site — Serfer Land Ventures LLC.
Publ 1 c v; •w Blue Earth Solutions, LLC • P.O. Box 2427 • Fort Collins, CO 80522 • (970) 227-2803
c.C PLCMm/TP),Pw(et�/cHI3M/CIS) IQ/ itt 17 0)01'7-4QT3
SERVE •; LAND VENTURES HARMONY WINDSOR SITE
DIVISION OF RECLAMATION, MINING AND SAFETY
110 LIMITED IMPACT PF:r LIT APPLICATI I N
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SERFER LAND VENTURES LLC
4315 East Harmony Road
Fort Collins, Colorado 80528
,; 4
SOLUTIC
P.O. Box 2427, Fort Collins, CO 80522
Reviseeeember 18, 2017
November 2017
December 11, 2017
Division of Reclamation, Mining, and Safety
1313 Sherman Street, Room 215
Denver, Colorado 80203
RE: Serfer Land Ventures, LLC — Harmony Windsor Site
Authorization Letter for Blue Earth Solutions, LLC
To whom it may concern:
We authorize Blue Earth Solutions, LLC, P.O. Box 2427, Fort Collins, Colorado, 80522, to
perform work and submit material for the Harmony Windsor Site on behalf of Serfer Land
Ventures, LLC.
Serfer Land Ventures, LLC
Title
,/e/;//7
Date
'40144/M6 '-' rGs"?
Date
December 11, 2017
Division of Reclamation, Mining, and Safety
1313 Sherman Street, Room 215
Denver, Colorado 80203
RE: Property and Mining Site Access Agreement
Serfer Land Ventures, LLC — Harmony Windsor Site
To whom it may concern:
Serfer Land Ventures, LLC (4315 E. Harmony Road, Fort Collins, CO 80528) is the property
owner and Connell Resources, Inc. (7785 Highland Meadows Parkway, Fort Collins, CO 80528)
is the current contractor and Division of Reclamation, Mining and Safety (DRMS) permit holder
for the Harmony Gardens Site, M-2017-021, in Weld County, Colorado. Serfer Land Ventures,
LLC and Connell Resources, Inc. hereby grant access to Serfer Land Ventures, LLC and their
contractors to cross the Harmony Gardens Site property and M-2017-021 permit area during
mining and reclamation of the proposed Harmony Windsor Site.
Serfer Land Ventures, LLC
Title
/e/0
Connell Resources, Inc.
(Signature
t/I Ga Pet
Title
7-1111
Date
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
CHECK ONE:
CONSTRUCTION MATERIALS
LIMITED IMPACT (110) OPERATION
RECLAMATION PERMIT APPLICATION FORM
COLORADO
DIVISION OF
RECLAMATION
MINING
— &—
SAFETY
There is a File Number Already Assigned to this Operation
Permit # M - - (Please reference the file number currently assigned to this operation)
® Amendment Application (Rule 1.10)
New Application (Rule 1.4.5)
Conversion Application (Rule 1.11)
Permit # M -
(provide for Amendments and Conversions of existing permits)
The application for a Construction Materials Limited Impact (110) Operation Reclamation Permit contains three major parts: (1) the
application form; (2) Exhibits A -I, Exhibit L, Addendum 1, any sections of Exhibit 6.5 and Geotechnical Stability Exhibit, as required by
the Office, and outlined in Rules 6.1, 6.2, 6.3, 6.5, and 1.6.2(1)(b); 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 -I, Exhibit L, Addendum 1, and appropriate sections of 6.5 (Geotechnical Stability Exhibit), as required, and a check for the
application fee described under (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 described below.
1. Applicant/operator or company name (name to be used on permit): Seder Land Ventures, LLC
1.1 Type of organization (corporation, partnership, etc.): Limited Liability Company
2. Operation name (pit, mine or site name):
3. Permitted acreage (new or existing site):
3.1 Change in acreage (+)
3.2 Total Acreage in Permit Area
4. Fees:
4.1 New Application:
Amendment Fee (C.R.S. 34-32.5-125(1I)):
Harmony Windsor Site
5. Primary commoditie(s) to be mined: sand gravel
5.1 Incidental commoditie(s) to be mined: 1. n/a / lbs/Tons/yr
4. / lbs/Tons/yr
5.2 Anticipated end use of primary commoditie(s) to be mined:
Anticipated end use of incidental commoditie(s) to be mined:
9.9
0
9.9
permitted acres
acres
acres
$1258.00 application fee
$827.00 application fee
2. / lbs/Tons/yr 3.
5. / lbs/Tons/yr
Construction Materials
/ lbs/Tons/yr
n/a
Contact's Name:
Company Name:
Street/P.O. Box:
City:
State:
Telephone Number:
Fax Number:
INSPECTION CONTACT
Contact's Name:
Company Name:
Street/P.O. Box:
City:
State:
Telephone Number:
Fax Number:
-2-
I I. Correspondence Information:
APPLICANT/OPERATOR (name, address, and phone of name to be used on permit)
Contact's Name: Chris Serbousek Title: Managing Member
Company Name: Serfer Land Ventures, LLC
Street/P.O. Box: 4315 East Harmony Road P.O. Box:
City: Fort Collins
State: Colorado Zip Code: 80528
Telephone Number: (303 ) _ 419-6781
Fax Number: ( ) -
PERMITTING CONTACT (if different from applicant/operator above)
Bill Schenderlein Title: Project Manager
Blue Earth Solutions, LLC
Fort Collins
P.O. Box: 2427
Colorado
(970 ) _ 227-2803
Zip Code: 80522
Kevin Anderson Title: Aggregate Development Manager
Connell Resources, Inc.
7785 Highland Meadows Parkway
Fort Collins
P.O. Box:
Colorado
(970 ) _ 223-3151
(970 ) _ 223-3191
Zip Code: 80528
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( )
CC: STATE OR FEDERAL LANDOWNER (if an
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( ) -
-3 -
Name of owner of the subsurface rights of affected land:
8. Name of owner of the surface of affected land:
9. Type of mining operation: 1 Surface [ I Underground
Seder Land Ventures, LLC
Serfer Land Ventures, LLC
J
10. Location information: The center of the area where the majority of mining will occur:
COUNTY: Weld
PRINCIPAL MERIDIAN (check one):
SECTION (write number):
6th (Colorado)
S6
TOWNSHIP (write number and check direction): T 6.0
RANGE (write number and check direction): R 67.0
QUARTER SECTION (check one): NE ✓ NW
QUARTER/QUARTER SECTION (check one): 1 NE 11 NW
LIn -situ
10th (New Mexico)
North El South
® East ` ✓ West
SE
SE
Ute
SW
SW
GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation):
In the Town of Windsor, south of Harmony Road approximately 2 miles east of the Town of Timnath
11. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM):
Latitude/Longitude:
Example: (N) 39° 44' 12.98"
(W) 104° 59' 3.87"
Latitude (N): deg 40 min 31 sec 2 12.00 (2 decimal places)
Longitude (W): deg 104 min 56 sec 21 .99.00 (2 decimal places)
OR
Example: (N) 39.73691°
(W) -104.98449°
Latitude (N) (5 decimal places)
Longitude(W) (5 decimal places)
OR
Universal Tranverse Mercator (UTM)
Example: 201336.3 E NAD27 Zone 13
4398351.2 N
UTM Datum (specify NAD27, NAD83 or WGS 84) _ NAD83
Easting
Northing
Zone 13
-4-
12. Pri
a future (Post -mining) land use (check o
Cropland(CR)
Rangeland(RL)
Residential (R Cl
Developed Water Resources(WR)
13. Prim resent land use (check one): i,
Cropland(CR)
Rangeland(RL)
FlResidential(RS)
Developed Water Resources (WR)
Pastureland(PL)
Forestry(FR)
Recreation(RC)
Pastureland(PL)
Forestry(FR)
Recreation(RC)
General Agriculture(GA)
Wildlife Habitat(WL)
Industrial/Commercial(IC)
Solid Waste Disposal(WD)
General Agriculture(GA)
Wildlife Habitat(WL)
Industrial/Commercial(IC)
Mining (MN)
14. If this operation will use designated chemicals, or will result, or presently has acid mine drainage - you cannot use this applicatio
form. You must submit either a 110d or 112d application form for Designated Mining Operations. In either case, you must list
any acidic or toxic -forming materials, exposed or disturbed as a result of the mining operation, and whether the operation will
result in or presently has acid mine drainage:
n/a
15. Description of Amendment or Conversion:
If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s):
n/a
Maps & Exhibits:
Submit two (2) complete, unbound copies of the following application exhibits:
6.3.1
6.3.2
6.3.3
6.3.4
6.3.5
6.3.6
6.3.7
6.3.8
6.3.9
6.3.10
6.3.12
1.6.2(1)(b)
6.5
EXHIBIT A - Legal Description and Location Map
EXHIBIT B - Site Description
EXHIBIT C - Mining Plan
EXHIBIT D - Reclamation Plan
EXHIBIT .E - .Maps, to include the location of any recorded easements
EXHIBIT F - List of Other Permits and Licenses Required
EXHIBIT G - Source of Legal Right -to -Enter
EXHIBIT H - Municipalities Within a Two-mile Radius
EXHIBIT I - Proof of Filing with County Clerk
EXHIBIT J - Proof of Mailing Notices of Permit Application
EXHIBIT L - Permanent Man -Made Structures
ADDENDUM 1 - Notice Requirements (sample enclosed)
Geotechnical Stability Exhibit (as required)
(to
-5-
Resuonsibllities as a Permit -tee:
Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a number o1
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;
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;
(357
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 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 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/nartnership permittee: the signing representative is authorized to sign when document and a power
of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application.
-6 -
NOTE TO COMMENTORS/OBJEcj'ORS:
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 review and decision or appeals process, you may contact the
Office at (303) 866-3567.
-7 -
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. All necessary approvals from local government have been applied for (Section 34-32.5-110(1)(a)(VIII).
2. 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.). (NOTE: For 110 operations, the affected area includes all lands delineated by the permit
boundary.)
3. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4)(f),
'
4. As the applicant/operator, I do not have any mining/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.).
5. I understand that statements in the application are being made under penalty of perjury and that false statements made herein
are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. 1984.
This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-110,C.R.S., of the Colorado Land
Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any
permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating
without a permit pursuant to section 34-32.5-123,C.R.S.
Signed and dated this
Serfer Land Ventures, LLC
Aepffcant/erator A
Signed:
Title:
day of
State of 6L.- o 1 0 )
// )ss.
County ofl2t Yee �aic )
The f.regoing instrument was acknowledged before me this
, by /OS Sas
CORY URBAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20044028536
MY COMMISSION EXPIRES AUGUST 15, 2020
If Corporation Attest (Seal)
Signed:
Corporate Secretary or Equivalent
Town/City/County Clerk
day of
bl.i
mmission expires:
SIGNATURES MUST BE IN BLUE INK
h.„),
(f�`r1tC
EXHIBIT G
Source of Legal Right to Enter
See attached material.
Harmony Windsor Site
DRMS Limited Impact 110 Permit Application
Page 4
4192695 04/04/2016 10:06 AM
Total Pages: 7 Rec Fee: $41.00 Doc Fee: $190.00
Carly Koppes - Clerk and Recorder, Weld County, CC
WHEN RECORDED RETURN TO:
4315 Bast Harmony Road.
Fort Collins, CO $0528
DF: $190.00
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED is made on March 30, 2016 between
EAST HARMONY LLC, a Colorado limited liability company ("Grantor"), duly organized and existing under
the laws of the State of COLORADO
whose legal address is 630 15th Avenue, Suite 100 Longmont, CO 80501
and
SERFER LAND VENTURES, LLC, a Colorado limited liability company ("Grantee"), duly organized and
existing under the laws of the State of COLORADO
whose legal address is 4315 East Harmony Road, Fort Collins, CO 80528
WITNESS, that the Grantor, for and in consideration of One Million Nine Hundred Thousand Dollars and No/100`s
($1,900,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and
conveyed and by these presents does grant, bargain, sell, convey and confirm unto the Grantee and the successors
and assigns of the Grantee forever, all of the real property, together with the fixtures and improvements located
thereon, if any, situate, lying and being in the County of WELD and State of COLORADO, described as follows:
See Exhibit A attached hereto and made a part hereof.
Also Known As: 6166 Weld County Road 74 / SEC corner of Weld County Road 13 and East Harmony Road,
Windsor, CO
TOGETHER WITH, all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof and all the
estate, right, tide, interest, claim and demand whatsoever of the Grantor, either in law or in equity, of, in and to the
above bargained premises, with the hereditaments and appurtenances, excluding, however, all coal, oil, gas, mineral
and mineral rights and interests of any nature whatsoever, which rights and interest are not conveyed hereunder and
retained by Grantor.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
Grantee, its successors and assigns forever. The Grantor, for itself and Its successors and assigns, does covenant and
agree that it shall and will WARRANT and FOREVER DEFEND the above bargained premises in the quiet and
peaceable possession of the Grantee and the successors and assigns of the Grantee, against all and every person or
persons lawfully claiming the whole, or any part thereof, by, through or under the Grantor. EXCEPT: Those specific
record title matters pursuant to Exhibit B attached hereto and by this reference incorporated herein.
EXECUTED AND DELIVERED on the date set forth above.
EAST HARMONY ]i G, 3i Colorado limited
liability company
By: Allen Ginaborg, Co -Manager
By. Tom A i t; CManager
Special Warranty Deed, Page 1 of 7
Fc7c3&oo
File 0 F0536660
4192695 04/04/2016 10:06 AM
Page 2 of 7
STATE OF 662.j0
COUNTY OFt)()fd /-
} s.
MATTA DAMN
WWI VINO
Notary 20O73
kt Commission Expires Nov 5, 2019
The foregoing instrument was acknowledged before me thi&2r6ay of March, 2016 by
Allen Ginsborg as Co -Manager of EAST HARMONY LLC, a Colo o limi liability company
Witness my hand and official seal.
My commission expires:
Expiration Date:
STATE OF (6/okzt.cj6
COUNTY OF !>0 U kale r
otary Public
RENATTA BAN
) ss. . J CN01ary N?
omailooloo Oleos Nov j2019
B1aU of ONIgdo
The foregoing instrument was acknowledged before me this day of March, 2016 by
Tom Albertz as Co -Manager as of EAST HARMONY LLC, a Colorado limited liability company
Witness my hand and official seal.
My commission expires:
11.$ .2(47
Expiration Date:
'4
4192695 04/04/2016 10:06 AM
Page 3 of 7
Exhibit A
Parcel One:
A portion of the Northwest 1/4 of Section 6, Township 6 North, Range 67 West, and a portion of the Southwest 1/4
of Section 31, Township 7 North, Range 67 West, of the 6th P.M., County of Weld. State of Colorado and being
more particularly described as follows:
Commencing at the Northwest Corner of said Section 6 and assuming the North line of the Northwest 1/4 of said
Section 6 as bearing North 88°44'25" East, being a Grid Bearing of the Colorado State Plane Coordinate System,
North Zone, North American Datum 1983/92, a distance of 2325.26 feet with all other bearings contained herein
relative thereto:
Thence North 88°44'25" East along the North line of the Northwest 1/4 of said Section 6 a distance of 30.00 feet to
the East line of the Timnath Ranch Sixth Annexation to the Town of Timnath recorded June 7, 2004 as Reception
No. 3187080 of the Records of Weld County and the Point of Beginning; thence North 00°16'22" West along the
East line of the Timnath Ranch Sixth Annexation a distance of 30.00 feet to the South line of Windsor North
Annexation to the Town of Windsor recorded January 29, 1986 as Reception No. 02040927 of the Records of Weld
County; thence North 88°44'25" East along the South line of the Windsor North Annexation a distance of 203.89
feet to the West line of Lot A of Recorded Exemption No. 0705 -31 -3 -RE -612 recorded May 25, 1983 as Reception
No. 01928075 of the Records of Weld County; thence North 88°44'25" East along a line parallel with and 30.00 feet
northerly of, as measured at a right angle to the North line of the Northwest 1/4 of said Section 6 a distance of
1160.54 feet to the East line of said Lot A; thence North 88°44'25" East continuing along the South line of the
Windsor North Annexation a distance of 93 L21 feet to the East line of said Windsor North Annexation, said line
also being the East line of the Southwest 1/4 of said Section 31;Thence South 00°27'56" West along the East line of
the Southwest 1/4 of said Section 31 a distanx of 30.01 feet to the North line of the Northwest 1/4 of said Section 6;
thence South 01°02'00" East along the East line of the Northwest 1/4 of said Section 6 a distance of 1000.00 feet;
thence South 88°44'25" West along a line parallel with and 1000.00 feet Southerly of, as measured at a right angle to
the North line of the Northwest 1/4 of said Section 6 a distance of 2304.28 feet to the East line of the Timnath Ranch
Sixth Annexation to the Town of Timnath; thence North 00°30'59" West along said East line of Timnath Ranch
Sixth Annexation a distance of 1000.08 feet to the North line of the Northwest 1/4 of said Section 6 and the Point of
Beginning, Except that portion thereof lying within Section 31, Township 7 North, Range 67 West of the 6th P.M.
Parcel Two:
A parcel of land being a portion of the Northwest 1/4 and the Southwest 1/4 of Section 6, Township 6 North, Range
67 West, of the 6th P.M., County of Weld, State of Colorado and being more particularly described as follows:
Commencing at the Northwest Corner of said Section 6 and assuming the North line of the Northwest 1/4 of said
Section 6 as bearing North 88°44'25" East, being a Grid Bearing of the Colorado State Plane Coordinate System,
North Zone, North American Datum 1983/92, a distance of 2325.26 feet with all other bearings contained herein
relative thereto:
Thence North 88°44'26" East along the North line of the Northwest 1/4 of said Section 6 a distance of 30.00 feet to
the East line of the Timnath Ranch Sixth Annexation to the Town of Timnath recorded June 7, 2004 as Reception
No. 3187080 of the Records of Weld County; thence South 00°30'59" East along said East line of Timnath Ranch
Sixth Annexation a distance of 1000.08 feet to the South line of East Harmony Annexation No. I and the Point of
Beginning; thence North 88°44'25" East along the South line of said East Harmony Annexation No. 1 a distance of
2304.28 feet to the East line of the Northwest 1/4 of said Section 6; thence South 01°02'00" East along the East line
of the Northwest 1/4 of said Section 6 a distance of 1649.56 feet to the South line of the Northwest 1/4 of said
Section 6;thence South 01°32'18" East along the East line of the Southwest 1/4 of said Section 6 a distance of
693.83 feet to the Top of the Northerly Bank of the Lake Canal, Ditch; The following 14 courses and distances are
along the Top of the Northerly Bank of the Lake Canal Ditch: Thence North 57°46'13" West a distance of 204.19
feet; thence North 47°46'43" West a distance of 25337 feet; thence North 34°43'38" West a distance of 107.91 feet;
thence North 59°41'12" West a distance of 132.34 feet; Thence North 48°57'13" West a distance of 179.46 feet;
thence North 43°06'32" West a distance of 221.26 feet; thence North 32°38'32" West a distance of 185.28 feet;
thence North 64°46'32" West a distance of230.02 feet; thence North 53°22'41" West a distance of 162.15 feet;
thence North 48°31'05" West a distance of 296.13 feet; thence North 50°30'28" West a distance of 231.83 feet;
thence North 33°27'48" West a distance of 360.22 feet; thence North 47°58'40" West a distance of 164.96 feet;
thence North 34°24'29" West a distance of 185.81 feet to the South line of the North 1/2 of the Northwest 1/4 of said
Section 6; thence South 88°47'41" West along the South line of the North 1/2 of the Northwest 1/4 of said Section 6
a distance of 261.50 feet to the East line of the Timnath Ranch Sixth Annexation to the Town of Timnath; thence
North 00°30'59" West along said East line of Timnath Ranch Sixth Annexation a distance of 325.10 feet to the
South Line of East Harmony Annexation No. 1 and the Point of Beginning. All in County of Weld, State of
Colorado.
4192695 04/04/2016 10:06 AM
Page 4 of 7
Exhibit B
1. Taxes and assessments, for the year 2016 and subsequent years, a lien not yet due or payable.
2. Rights of way, whether in fee or easement only, for county roads 30 feet wide on each side of
section and township lines as established by Order of the Board of County Commissioners for
Weld County, recorded October 14, 1889 in Book 86 at Page 273.
3. Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S. Patent,
recorded February 20, 1883 in Book 34 at Page 35. (Affects Nl/2NW1/4)
4. Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S. Patent,
recorded January 29, 1889 in Book 51 at Page 90. (Affects El/2SW1/4)
5. Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S. Patent,
recorded January 29, 1889 in Book 51 at Page 92. (Affects SI/2NW 1/4)
6. Terms, agreements, provisions, conditions and obligations as contained in Agreement by and
between Benjamin H. Eaton, Henry Cowley, J. O. Harm and the Lake Canal Company of
Colorado recorded January 23, 1902 in Book 179 at Page 396.
7. Right of way, whether in fee or easement only, to construct, reconstruct, operate and maintain
line of telephone and telegraph consisting of such poles, wire, cables, conduits, guys, anchors and
other fixtures and appurtenances, granted to The American Telephone and Telegraph Company
by instrument recorded December 24, 1927 in Book 833 at Page 434, in which the specific
location of the easement is not defined.
8. Right of way, whether in fee or easement only, for underground water pipe line, as granted to the
City of Greeley, recorded October H, 1932 in Book 938 at Page 87, as more particularly
described in said instrument.
9. Right of way, whether in fee or easement only, to construct, operate, maintain, replace and
remove such communication systems, granted to American Telephone and Telegraph Company
by instrument recorded May 14, 1941 in Book 1078 at Page 587, in which the specific location of
the easement is not defined.
10. Terms, agreements, provisions, conditions and obligations as contained in Agreement by and
between Fred Ehrlich and Dorsey Kern recorded February 18, 1948 in Book 1242 at Page 256.
11. An undivided 1/2 interest in and to the oil and mineral rights on said lands as reserved by Frank
A. Williams in the Deed recorded April 23, 1956 in Book 1448 at Page 454, and any interests
therein or rights thereunder.
12. Right of way, whether in fee or easement only, for a pipe line right of way with the right to
construct, maintain, inspect, operate, protect, repair, replace, change the size of, and remove a
pipe lime for the transportation of liquids andror gases, granted to Sinclair Pipe Line Company by
instrument recorded March 19, 1963 in Book 1641 at Page 296, in which the specific location of
the easement is not defined.
13. Right of way, whether in fee or easement only, for an electric line or system and appurtenances,
granted to Poudre Valley Rural Electric Association, a Corporation by Rienhold Ziel and Twila
M. Ziel by instrument recorded May 2, 1979 in Book 867 as Reception No. 1789148, in which
the specific location of the easement is not defined
14. Right of way, whether in fee or easement only, for an overhead line and appurtenances, granted to
Poudre Valley Rural Electric Association, a Colorado corporation by Reinhold Ziel and Twila
Ziel by instrument recorded February 4, 1991 in Book 1289 as Reception No. 2240406, in which
the specific location of the easement is not defined.
15. Right(s) of way, including its terms and conditions, whether in fee or easement only, as granted to
the City of Greeley, as described in instrument recorded December 21, 2004 at Reception No.
3245837.
�fi
4192695 04/04/2016 10:06 AM
Page 5 of 7
16. Right(s) of way, including its terms and conditions, whether in fee or easement only, as granted to
the Town of Windsor, as described in instrument recorded December 6, 2006 at Reception No.
3439782.
17. Terms, conditions, provisions, agreements and obligations contained in the Harmony First
Annexation as set forth below:
Recording Date: March 23, 2007
Recording No.:
Reception No. 3464124
18. Terms, conditions, provisions, agreements and obligations contained in the Harmony Second
Annexation as set forth below:
Recording Date:
Recording No.:
March 23, 2007
Reception No. 3464125
19. Terms, conditions, provisions, agreements and obligations contained in the Annexation
Agreement as set forth below:
Recording Date:
Recording No.:
March 23, 2007
Reception No. 3464126
20. Right(s) of way, including its terms and conditions, whether in fee or easement only, as granted to
the Town of Windsor, as described in instrument recorded March 23, 2007 at Reception No.
3464127.
NOTE: The following notices pursuant to CRS 9-1.5-103 concerning underground facilities
have been filed with the Clerk and Recorder. These statements are general and do not necessarily
give notice of underground facilities within the property.
(a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No.
1870705.
(b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No.
1979784.
(c) Associated Natural Gas, Inc.. recorded April 10, 1989 in Book 1229 as Reception No.
2175917.
(d) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception
No. 1874084.
(e) Western Slope Gas Company, recorded March 9, 1983 in Book 990 as Reception No.
1919757.
21. Any and all water rights, in, under and to the land, whether recorded or unrecorded.
22. Terms, conditions, provisions, agreements and obligations contained in the Annexation
Ordinance as set forth below:
Recording Date:
Recording No.:
October 1, 2010
Reception No. 3722387
23. Any tax, lien, fee, or assessment by reason of inclusion of the Land in the Northern Colorado
Water Conservancy District, as evidenced by instrument(s) recorded September 29, 2010 at
Reception No. 3721790.
24. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a
document:
Granted to:
Recording Date:
Recording No:
Poudre Valley Rural Electric Association, Inc.
January 26, 2015
Reception No. 4078603
25. An oil and gas lease for the term therein provided with certain covenants, conditions and
provisions, together with easements, if any, as set forth therein, and any and all assignments
thereof or interests therein.
Recording Date:
Recording No:
April 23, 2012
Reception No. 3840571
4192695 04/04/2016 10:06 AM
Page 6 of 7
26. Terms, conditions, provisions, agreements and obligations contained in the Crossing Agreement
as set forth below:
Recording Date:
Recording No.:
May 23, 2014
Reception No. 4018368
27. An oil and gas lease for the term therein provided with certain covenants, conditions and
provisions, together with easements, if any, as set forth therein, and any and all assignments
thereof or interests therein.
Recording Date:
Recording No:
June 19, 2014
Reception No. 4024668
28. An oil and gas lease for the term therein provided with certain covenants, conditions and
provisions, together with easements, if any, as set forth therein, and any and all assignments
thereof or interests therein.
Recording Date: July 24, 2014
Recording No: Reception No. 4033088
29. An oil and gas lease for the term therein provided with certain covenants, conditions and
provisions, together with easements, if any, as set forth therein, and any and all assignments
thereof or interests therein.
Recording Date: July 24, 2014
Recording No: Reception No. 4033089
30. An oil and gas lease for the term therein provided with certain covenants, conditions and
provisions, together with easements, if any, as set forth therein, and any and all assignments
thereof or interests therein.
Recording Date: July 24, 2014
Recording No: Reception No. 4033090
31. An oil and gas lease for the term therein provided with certain covenants, conditions and
provisions, together with easements, if any, as set forth therein, and any and all assignments
thereof or interests therein,
Recording Date: July 24, 2014
Recording No: Reception No. 4033091
32. An oil and gas lease for the term therein provided with certain covenants, conditions and
provisions, together with easements, if any, as set forth therein, and any and all assignments
thereof or interests therein.
Recording Date:
Recording No:
July 24, 2014
Reception No. 4033092
33. An oil and gas lease for the term therein provided with certain covenants, conditions and
provisions, together with easements, if any, as set forth therein, and any and all assignments
thereof or interests therein.
Recording Date:
Recording No:
July 24, 2014
Reception No. 4033093
34. An oil and gas lease for the term therein provided with certain covenants, conditions and
provisions, together with easements, if any, as set forth therein, and any and all assignments
thereof or interests therein.
Recording Date: July 24, 2014
Recording No: Reception No. 4033100
35. An oil and gas lease for the term therein provided with certain covenants, conditions and
provisions, together with easements, if any, as set forth therein, and any and all assignments
thereof or interests therein.
Recording Date: July 24, 2014
Recording No: Reception No. 4033101
t �!
4192695 04/04/2016 10:06 AM
Page 7 of 7
36. An oil and gas lease for the term therein provided with certain covenants, conditions and
provisions, together with easements, if any, as set forth therein, and any and all assignments
thereof or interests therein.
Recording Date: July 24, 2014
Recording No: Reception No. 4033102
37. An oil and gas lease for the term therein provided with certain covenants, conditions and
provisions, together with easements, if any, as set forth therein, and any and all assignments
thereof or interests therein.
Recording Date:
Recording No:
July 24, 2014
Reception No. 4033103
38. An oil and gas lease for the term therein provided with certain covenants, conditions and
provisions, together with easements, if any, as set forth therein, and any and all assignments
thereof or interests therein.
Recording Date:
Recording No:
July 24, 2014
Reception No. 4033104
39. A Memorandum of Paid -Up Oil and gas lease for the term therein provided with certain
covenants, conditions and provisions, together with easements, if any, as set forth therein, and
any and all assignments thereof or interests therein.
Recording Date: August 8, 2014
Recording No: Reception No. 4037035
40. Any tax, lien, fee, or assessment by reason of inclusion of the Land is the Ridge at Harmony
Road Metro Districts, as evidenced by instrument(s) recorded May 18, 2015 at Reception No.
4108104.
41. The effect of Water Court Decree recorded June 26, 2015 at Reception No. 4119539.
Letter of Transmittal
DATE: November 28, 2017
TO: Weld County Board of County Commissioners
1150 O Street
Greeley, CO 80632
FROM: Bill Schenderlein
Blue Earth Solutions, LLC
P.O. Box 2427
Fort Collins, Colorado 80522
(970) 227-2803
(blue earth
SOLUTIONS
RECEIVED
Nov 2 a 2017
CpMMIgSIONERS
WE TRANSMIT:
•
Attached
Information Below
Remarks:
THE FOLLOWING:
❑ Originals
■ Copy of Letter
n Applications
nSpecifications
n Other
FOR YOUR:
■ Use
❑ Approval
❑ Information
O Review & Comment
The enclosed material is provided to fulfill the requirements of the attached Colorado Mined
Land Reclamation Permit application.
• One (1) copy of DRMS notice form and the application form and Exhibit A of the
DRMS Construction Materials Limited Impact (110) Reclamation permit application.
(wb I, c ca,y;galue Earth Solutions, LLC P.O. Box 2427 • Fort Collins, CO 80522 • (970) 227-2803
I'a/N I I? ct:pLCMM/TP)
pwtSit/ oHn/GHIaIs)
i�Ia9/tT
2017-4073
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR CONSTRUCTION MATERIALS LIMITED IMPACT (110) OPERATION
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
Serfer Land Ventures LLC (the "Applicant/Operator") has applied for a Construction Materials Limited
Impact (110) 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 town clerk.
The applicant/operator proposes to reclaim the affected land to general agriculture use. Pursuant to
Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Town Board 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 ten (10) days after the date of applicant's newspaper
publication of notice pursuant to Section 34-32-112 (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 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.
SERVER LAND VENTURES HARMONY WINDSOR SITE
DIVISION OF RECLAMATION, MINING AND SAFETY
11O LIMITED IMPACT PERMIT APPLICATION
SERFER LAND VENTURES LLC
4315 East Harmony Road
Fort Collins, Colorado 80528
Elue earth
SOLUTIONS
P.O. Box 2427, Fort Collins, CO 80522 November 2017
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
LIMITED IMPACT (110) OPERATION
RECLAMATION PERMIT APPLICATION FORM
CHECK ONE: There is a File Number Already Assigned to this Operation
Permit # M -
COLORADO
DIVISION OF
RECLAMATION
MINING
- &-
SAFETY
(Please reference the file number currently assigned to this operation)
New Application (Rule 1.4.5) 11 Amendment Application (Rule 1.10)
Conversion Application (Rule 1.11)
Permit # M -
(provide for Amendments and Conversions of existing permits)
The application for a Construction Materials Limited Impact (110) Operation Reclamation Permit contains three major parts: (1) the
application form; (2) Exhibits A -J, Exhibit L, Addendum 1, any sections of Exhibit 6.5 and Geotechnical Stability Exhibit, as required by
the Office, and outlined in Rules 6.1, 6.2, 6.3, 6.5, and 1.6.2(1)(b); 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 -J, Exhibit L, Addendum 1, and appropriate sections of 6.5 (Geotechnical Stability Exhibit), as required, and a check for the
application fee described under (4) below. Exhibits should Nixt 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 described below.
1. Applicant/operator or company name (name to be used on permit): Serfer Land Ventures LLC
1.1 Type of organization (corporation, partnership, etc.): Limited Liability Company
2. Operation name (nit, mine or site name):
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:
Amendment Fee (C.R.S. 34-32.5-125(II)):
Harmony Windsor Site
5. Primary commoditie(s) to be mined: sand gravel
5.1 Incidental commoditie(s) to be mined: 1. n/a / lbs/Tons/yr
4. / Ibs/Tons/vr
5.2 Anticipated end use of primary commoditie(s) to be mined:
Anticipated end use of incidental commoditie(s) to be mined:
9.9
permitted acres
0 acres
9.9 acres
$1258.00 application fee
$827.00 application fee
2. / lbs/Tons/vr 3.
5. / lbs/Tons/yr
Construction Materials
/ lbs/Tons/vr
n/a
-2-
11. Correspondence Information:
APPLICANT/OPERATOR (name, address, and phone of name to be used on permit)
Contact's Name: Chris Serbousek Title: Managing Member
Company Name: Serfer Land Ventures LLC
Street/P.O. Box: 4315 East Harmony Road P.O. Box:
City: Fort Collins
State: Colorado Zip Code: 80528
Telephone Number: (303 _ 419-6781
Fax Number: ( )
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name: Bill Schenderlein Title: Project Manager
Company Name: Blue Earth Solutions, LLC
Street/P.O. Box: P.O. Box: 2427
City: Fort Collins
State: Colorado 80522
Zip Code:
Telephone Number: (970 _ 227-2803
Fax Number: ( ) -
INSPECTION CONTACT
Contact's Name: Kevin Anderson Title: Aggregate Development Manager
Company Name: Connell Resources, Inc.
Street/P.O. Box: 7785 Highland Meadows Parkway P.O. Box:
City: Fort Collins
State: Colorado Zip Code: 80528
Telephone Number: (970 _ 223-3151
Fax Number: (970 ) _ 223-3191
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: (
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( )
- 3 -
7. Name of owner of the subsurface rights of affected land: Serfer Land Ventures LLC
8. Name of owner of the surface of affected land:
9. Tyne of mining operation: Surface 17 Underground In -situ
10. Location information: The center of the area where the majority of mining will occur:
COUNTY: Weld
PRINCIPAL MERIDIAN (check one):
SECTION (write number):
Serfer Land Ventures LLC
El6th (Colorado)
$6
TOWNSHIP (write number and check direction):
RANGE (write number and check direction):
QUARTER SECTION (check one):
QUARTER/QUARTER SECTION (check one):
T 6.0
II
10th (New Mexico)
II
North JD_South
R 67.0 East West
ONE NW
NE NW SE O SW
Ute
.El SE SW
GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation):
In the Town of Windsor, south of Harmony Road approximately 2 miles east of the Town of Timnath
11. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM):
Latitude/Longitude:
Example: (N) 39° 44' 12.98"
(W) 104° 59' 3.87"
Latitude (N): deg 40 min 31 sec 2 12.00 (2 decimal places)
Longitude (W): deg 104 min 56 sec 21 .99.00 (2 decimal places)
OR
Example: (N) 39.73691°
(W) -104.98449°
Latitude (N) (5 decimal places)
Longitude(W) (5 decimal places)
OR
Universal Tranverse Mercator (UTM)
Example: 201336.3 E NAD27 Zone 13
4398351.2 N
UTM Datum (specify NAD27, NAD83 or WGS 84) _ NAD83 Zone 13
Easting
Northing
-4-
12. Prim future (Post-minine) land use (checkups):
Cropland(CR) Pastureland(PL)
Rangeland(RL) Forestry(FR)
.�..... Residential(RS) Recreation(RC)
ElDeveloped Water Resources(WR)
13. Prim : + ' resent land use check one :
Cropland(CR) Pastureland(PL)
Rangeland(RL) Forestry(FR)
Residential(RS) Recreation(RC)
Developed Water Resources (WR)
U
U
U
General Agriculture(GA)
Wildlife Habitat(WL)
Industrial/Commercial(IC)
Solid Waste Disposal(WD)
General Agriculture(GA)
Wildlife Habitat(WL)
Industrial/Commercial(IC)
Mining (MN)
14. If this operation will use designated chemicals, or will result, or presently has acid mine drainage - you cannot use this application
form. You must submit either a 110d or 112d application form for Designated Mining Operations. In either case, you must list
any acidic or toxic -forming materials, exposed or disturbed as a result of the mining operation, and whether the operation will
result in or presently has acid mine drainage:
n/a
15. Description of Amendment or Conversion:
If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s):
n/a
Mans & Exhibits:
Submit two (2) complete, unbound copies of the following application exhibits:
6.3.1
6.3.2
6.3.3
6.3.4
6.3.5
6.3.6
6.3.7
6.3.8
6.3.9
6.3.10
6.3.12
1.6.2(1)(b)
6.5
EXHIBIT A - Legal Description and Location Map
EXHIBIT B - Site Description
EXHIBIT C - Mining Plan
EXHIBIT D - Reclamation Plan
EXHIBIT E - Maps, to include the location of any recorded easements
EXHIBIT F - List of Other Permits and Licenses Required
EXHIBIT G - Source of Legal Right -to -Enter
EXHIBIT H - Municipalities Within a Two-mile Radius
EXHIBIT I - Proof of Filing with County Clerk
EXHIBIT J - Proof of Mailing Notices of Permit Application
EXHIBIT L - Permanent Man -Made Structures
ADDENDUM 1 - Notice Requirements (sample enclosed)
Geotechnical Stability Exhibit (as required)
ce2g-
(g3
‘36
as_
-5-
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;
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 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 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 ioint venture/partnership permittee: the signing representative is authorized to sign when document and a power
of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application.
-6 -
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 review and decision or appeals process, you may contact the
Office at (303) 866-3567.
-7 -
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. All necessary approvals from local government have been applied for (Section 34-32.5-110(1)(a)(VIII).
2. 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.). (NOTE: For 110 operations, the affected area includes all lands delineated by the permit
boundary.)
3. 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.).
4. As the applicant/operator, I do not have any mining/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.).
5. I understand that statements in the application are being made under penalty of perjury and that false statements made herein
are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. 1984.
This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-110,C.R.S., of the Colorado Land
Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any
permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating
without a permit pursuant to section 34-32.5-123, C.R.S.
Signed and dated this
Signed:
Title: Chris Serbousek, Managing Member
State of
day of 1 .10 VC/W.
) ss.
County of
The egoing instr ent as acknowledged �before me this ' day of _
, by 7�.IL as M krof
b01)110043 Wm
• o 1 .
If Corporation Attest (Seal)
Signed:
Corporate Secretary or Equivalent
Town/City/County Clerk
1
My Commission expires:
JENNIFER LINDBLAD
NOTARY PUBLIC SI a NATURES MUST BE IN BLUE INK
STATE OF COLORADO
NOTARY ID 20004029048
MY COMMISSION EXPIRES FEB 21, 2018
1
EXHIBIT A
Legal Description and Location Map
The proposed permit area is a tract of land located approximately 2 miles east of the Town of
Timnath in Windsor, Colorado. The proposed permit area includes 9.9 acres. According to the
Weld County Assessor's Office, the permit area parcel is owned by Serfer Land Ventures LLC.
Legal Description of the Proposed Affected Area:
SEl/4 of the NW'/4 in Section 6, Township 6 North, Range 67 West of the Sixth Principal
Meridian, Weld County, State of Colorado.
Latitude/Longitude of Main Site Entrance:
40°31'02.12"N
104° 56' 21.99" W
Proposed Permit Boundary Definition
The proposed permit boundary does not follow property parcel boundaries, but is defined by the
aggregate resource. Prior to mining, the permit boundary will be identified and marked in the
field.
Affected Land Boundary Definition
The proposed permit boundary will encompass approximately 9.9 acres with only about 6.5 acres
mined. However, the affected land boundary essentially follows the permit boundary to allow
for associated mining disturbances and reclamation activities. Areas not disturbed by mining
may be disturbed by on -site access roads, stockpiles, or reclamation related activities.
Land and Structure Owners within 200 Feet of the Permit Boundary
Parcel
Owner
Mailing Address
080706200006
080706200005
Serfer Land Ventures, LLC
4315 E Harmony Rd
Fort Collins, CO 80528
080706100004
Deseran, Ann L.
35106 Weld County Rd 13
Windsor, CO 80550
080706100004
Hill, Alden V.
318 S. Grant Ave.
Fort Collins, CO 80521
Buried Gas Line
Sinclair Pipeline Company
100 E. Washington St.
P.O. Box 185
Sinclair, WY 82334
Buried Water Line(s)
City of Greeley
Water and Sewer Department
1100 10th Street, Suite 300
Greeley, CO 80631
Lake Canal Ditch
Lake Canal Reservoir Company
13329 Weld County Rd 74
Eaton, CO 80615
Harmony Windsor Site
DRMS Limited Impact 110 Permit Application
Page 4
SHEET 1
OF 1
DATE: November 2017
E HORSETOOTH RD
4TH AVE
ECORD38
Airport
LIMITED IMPACT 110 PERMIT APPLICATION
HARMONY WINDSOR SITE
WELD COUNTY
JASFER ST
EXHIBIT A
LOCATION MAP
CO RD 76
RODNEYIF
ALEXANDER DR
CO RD 74
(Site Access Road I
Harmony Windsor Site
Lake Canal
Reservoir Number
SCALE: NTS
(blue earth
SOLUTIONS
Letter of Transmittal
DATE: September 28, 2017
TO: Weld County Clerk to the Board
1150 O Street
Greeley, Colorado 80632
FROM: Bill Schenderlein
Blue Earth Solutions, LLC
P.O. Box 2427
Fort Collins, Colorado 80522
(970) 227-2803
REcEI V E p
NOV 282017
COMMISSIONERS
COUNTY
MMI SSIONERS
WE TRANSMIT:
•
Attached
Information Below
Remarks:
THE FOLLOWING:
n Originals
■ Copy of Letter
n Applications
n Specifications
n Other
FOR YOUR:
■ Use
❑ Approval
nInformation
flReview & Comment
Submission of this material satisfies requirements of the Mine Land Reclamation Board
Construction Materials Limited Impact (110) Reclamation permit application. The enclosed
application material must remain for public review at least sixty (60) days after a decision on
said application has been made the Office of Mined Land Reclamation (Rule 1.6.2 (2)).
Confidential materials were purposely excluded.
• One (1) copy of DRMS Construction Materials Limited Impact (110) Reclamation
permit application — Harmony Windsor Site — Serfer Land Ventures LLC.
Blue Earth Solutions, LLC ♦ P.O. Box 2427 • Fort Collins, CO 80522 • (970) 227-2803
SERVER LAND VENTURES HARMONY WINDSOR SITE
DIVISION OF RECLAMATION, MINING AND SAFETY
110 LIMITED IMPACT PERMIT APPLICATION
SERFER LAND VENTURES LLC
4315 East Harmony Road
Fort Collins, Colorado 80528
6lue earth
SOLUTIONS
P.O. Box 2427, Fort Collins, CO 80522 November 2017
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
CHECK ONE:
CONSTRUCTION MATERIALS
LIMITED IMPACT (110) OPERATION
RECLAMATION PERMIT APPLICATION FORM
COLORADO
DIVISION OF
RECLAMATION
MINING
- &-
SAF ETY
® There is a File Number Already Assigned to this Operation
Permit # M - - (Please reference the file number currently assigned to this operation)
✓ New Application (Rule 1.4.5) _a Amendment Application (Rule 1.10)
Conversion Application (Rule 1.11)
Permit # M - - (provide for Amendments and Conversions of existing permits)
The application for a Construction Materials Limited Impact (110) Operation Reclamation Permit contains three major parts: (1) the
application form; (2) Exhibits A -J, Exhibit L, Addendum 1, any sections of Exhibit 6.5 and Geotechnical Stability Exhibit, as required by
the Office, and outlined in Rules 6.1, 6.2, 6.3, 6.5, and 1.6.2(1)(b); 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 -J, Exhibit L, Addendum 1, and appropriate sections of 6.5 (Geotechnical Stability Exhibit), as required, and a check for the
application fee described under (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 described below.
1. Anulicant/onerator or company name (name to be used on permit): Serfer Land Ventures LLC
1.1 Type of organization (corporation, partnership, etc.): Limited Liability Company
2. Operation name (nit, mine or site name): Harmony Windsor Site
3. Permitted acreage (new or existing sitel:
3.1 Change in acreage (+)
3.2 Total Acreage in Permit Area
4. Fees:
4.1 New Application:
Amendment Fee (C.R.S. 34-32.5-125(11)):
5. Primary commoditie(s) to be mined: sand gravel
9.9
0
9.9
permitted acres
acres
acres
$1258.00 application fee
$827.00 application fee
5.1 Incidental commoditie(s) to be mined: 1. n/a / lbs/Tons/vr 2. / lbs/Tons/yr 3. / lbs/Tons/yr
4. / lbs/Tons/yr 5. / lbs/Tons/vr
5.2 Anticipated end use of primary commoditie(s) to be mined:
Anticipated end use of incidental commoditie(s) to be mined:
Construction Materials
n/a
-2-
I I. Correspondence Information:
APPLICANT/OPERATOR
Contact's Name:
Company Name:
Street/P.O. Box:
City:
State:
Telephone Number:
Fax Number:
PERMITTING CONTACT
Contact's Name:
Company Name:
Street/P.O. Box:
City:
State:
Telephone Number:
Fax Number:
INSPECTION CONTACT
Contact's Name:
Company Name:
Street/P.O. Box:
City:
State:
Telephone Number:
Fax Number:
(name, address, and phone of name to be used on permit)
Chris Serbousek
Seder Land Ventures LLC
Title: Managing Member
4315 East Harmony Road
Fort Collins
P.O. Box:
Colorado
(303 _ 419-6781
( )-
(if different from applicant/operator above)
Bill Schenderlein
Zip Code: 80528
Blue Earth Solutions, LLC
Title: Project Manager
Fort Collins
P.O. Box: 2427
Colorado
(970 ) _ 227-2803
-
Zip Code: 80522
Kevin Anderson
Connell Resources, Inc.
Title: Aggregate Development Manager
7785 Highland Meadows Parkway
Fort Collins
P.O. Box:
Colorado
(970 ) _ 223-3151
(970 ) _ 223-3191
Zip Code: 80528
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( ) -
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( ) -
-3-
7. Name of owner of the subsurface rights of affected land: Serfer Land Ventures LLC
8. Name of owner of the surface of affected land:
9. Type of mining operation:
Y
Serfer Land Ventures LLC
Surface El Underground
10. Location information: The center of the area where the majority of mining will occur:
COUNTY: Weld
In -situ
PRINCIPAL MERIDIAN (check one): 6th (Colorado) El 10th (New Mexico)
SECTION (write number):
S6
Ute
TOWNSHIP (write number and check direction): T 6.0 North __El South
RANGE (write number and check direction): R 67.0 EJ East • 1- West
QUARTER SECTION (check one): - _a NE Fl NW El SE 1 l SW
QUARTER/QUARTER SECTION (check one): ❑ NE El NW El SE El SW
GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation):
In the Town of Windsor, south of Harmony Road approximately 2 miles east of the Town of Timnath
11. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM):
Latitude/Longitude:
Example: (N) 39° 44' 12.98"
(W) 104° 59' 3.87"
Latitude (N): deg 40 min 31 sec 2 12.00 (2 decimal places)
Longitude (W): deg 104 min 56 sec 21 99.00 (2 decimal places)
OR
Example: (N) 39.73691°
(W) -104.98449°
Latitude (N) (5 decimal places)
Longitude(W) (5 decimal places)
OR
Universal Tranverse Mercator (UTM)
Example: 201336.3 E NAD27 Zone 13
4398351.2 N
UTM Datum (specify NAD27, NAD83 or WGS 84) _ NAD83 Zone 13
Easting
Northing
-4-
12. Prim
a future (Post -mining) land use (check
one
...., Cropland(CR)
Rangeland(RL)
..�
,..„,i
— Residential(RS1
—
Developed Water Resources(WR)
Pastureland(PL)
Forestry(FR)
Recreation(RC)
13. Prim resent land use (check one):
Cropland(CR) Pastureland(PL)
HRangeland(RL) Forestry(FR)
Residential(RS) n Recreation(RC)
Developed Water Resources (WR)
T
R✓ General Agriculture(GA)
Wildlife Habitat(WL)
Industrial/Commercial(IC)
Solid Waste Disposal(WD)
ElGeneral Agriculture(GA)
Wildlife Habitat(WL)
Industrial/Commercial(IC )
Mining (MN)
14. If this operation will use designated chemicals, or will result, or presently has acid mine drainage - you cannot use this application
form. You must submit either a 110d Od or 112d application form for Designated Mining Operations. In either case, you must list
any acidic or toxic -forming materials, exposed or disturbed as a result of the mining operation, and whether the operation will
result in or presently has acid mine drainage:
n/a
15. Description of Amendment or Conversion:
If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s):
n/a
Maps & Exhibits:
Submit two (2) complete, unbound copies of the following application exhibits:
6.3.1
6.3.2
6.3.3
6.3.4
6.3.5
6.3.6
6.3.7
6.3.8
6.3.9
6.3.10
6.3.12
1.6.2(1)(b)
6.5
EXHIBIT A - Legal Description and Location Map
EXHIBIT B - Site Description
EXHIBIT C - Mining Plan
EXHIBIT D - Reclamation Plan
EXHIBIT E - Maps, to include the location of any recorded easements
EXHIBIT F - List of Other Permits and Licenses Required
EXHIBIT G - Source of Legal Right -to -Enter
EXHIBIT H - Municipalities Within a Two-mile Radius
EXHIBIT I - Proof of Filing with County Clerk
EXHIBIT J - Proof of Mailing Notices of Permit Application
EXHIBIT L - Permanent Man -Made Structures
ADDENDUM I - Notice Requirements (sample enclosed)
Geotechnical Stability Exhibit (as required)
-5 -
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.
ag_
1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability
for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your
mining operation in the event your permit is revoked and financial warranty is forfeited;
2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the
terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the
application or your permit misrepresent important material facts;
3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary,
substantial civil penalties, to you as permittee can result;
4. Any modification to the approved mining and reclamation plan from those described in your approved application
requires you to submit a 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 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 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 permittee: the signing representative is authorized to sign when document and a power
of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application.
-6 -
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 review and decision or appeals process, you may contact the
Office at (303) 866-3567.
-7 -
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. All necessary approvals from local government have been applied for (Section 34-32.5-1 l0(1)(a)(VIII).
2. 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-I I5(4Xe), C.R.S.). (NOTE: For 110 operations, the affected area includes all lands delineated by the permit
boundary.)
3. 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.).
4. As the applicant/operator, I do not have any mining/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.).
5. 1 understand that statements in the application are being made under penalty of perjury and that false statements made herein
are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. 1984.
This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-110,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, C.R.S.
day of 1\1d�
Signed and dated this
Signed:
Title: Chris Serbousek, Manacling Member
State of
O1
) ss.
County of
The egoing instr ent as acknowledged before me this Pk�v►ri� '�r�aouS
P.�
as M,
, by
JENNIFER LINDBLAD
NOTARY PUBLIC SI NATURES MUST BE IN BLUE INK
STATE OF COLORADO
NOTARY
9048
MY COMMISSION EXPIRES
S
ES FEB 21, 2018
, aOL1 .
If Corporation Attest (Seal)
Signed:
Corporate Secretary or Equivalent
Town/City/County Clerk
day of(,_�MDV
t4�ii�f e of
Notary Public
My Commission expires:
g
UNANIMOUS WRITTEN CONSENT
OF THE MEMBERS OF
SERFER LAND VENTURES, LLC.
November 17, 2017
The undersigned, constituting all of the members ("Members") of Serfer Land Ventures,
LLC, a Colorado limited liability company (the "Company"), consent to, vote in favor of, and
adopt the following resolutions pursuant to the provision of the Operating Agreement of the
Company (the "Operating Agreement") and the Colorado Limited Liability Company Act (the
"Act"). The action taken by this unanimous written consent shall have the same full force and
effect as if taken by the undersigned at a meeting duly called and constituted pursuant to the
Operating Company and the Act.
I. RESOLUTIONS ON BEHALF OF SERFER LAND VENTURES, LLC.
WHEREAS, the Members have determined that it is in the best interest of the Company
and its Members that the Company authorize certain of its Members and Managers to sign
contracts, file for applications, and execute other documents in the name of the Company in
order to carry on the business of the Company;
WHEREAS, the Members have determined that the Authorized Officers of Company, as
such term is defined below are hereby vested with the authority set forth in the following
resolutions.
NOW, THEREFORE,
BE IT RESOLVED, that Todd Seufer and Christopher Serbousek, (each hereinafter
referred to as an "Authorized Officer" and collectively, "Authorized Officers") as Members
and Managers of the Company are hereby individually authorized and directed to execute any
and all documents, including, without limitation, contracts, applications for permits or licenses,
or other similar documents which either such Authorized Officer deems to be in the best interest
of the Company to carry on its business, whether now conducted or hereafter contemplated,
provided such contract, application or other similar document does not bind the Company, in
totality, through one or more payment obligations, or to the sale of any asset of the Company
valued at, more than One Million Dollars ($1,000,000).
BE IT FURTHER RESOLVED, that either Authorized Officer may, in his sole
discretion file or cause the filing of any document with any governmental agency, or division
thereof, to affect the purpose of any such document signed.
4842-14RA-R.! v 1
IL GENERAL RATIFICATION RESOLUTION
BE IT FURTHER RESOLVED, that all actions of any kind heretofore taken by the
Members, Managers, and Authorized Officers in connection with or contemplated by the
foregoing resolutions, are hereby ratified, confirmed and approved in all respects.
By their signatures below, which may be executed in two or more counterparts, all of which will
collectiv c. stit : one document, the Members of the Company adopt the foregoing
res• " ons pu uan t this unanimous written consent:
Christopher Ser
Ty Seufer
Todd Seufer
Thane Seufer
4849-14RR-R5R5 v 1
SERFER LAND VENTURES, LLC
MANAGER'S CERTIFICATE
November 17, 2017
I, Christopher Serbousek, hereby certify that I am the duly elected, qualified and acting Manager
of Serfer Land Ventures, LLC. a Colorado limited liability company (the "Company"), and further certify
in such capacity that:
1. Attached hereto as Exhibit A is a true, correct, and complete copy of the duly adopted
resolutions of the Members of the Company and each Member approving the execution, delivery and
performance of contracts, applications for permits, licenses or other similar documents. The resolutions
are not subject to any further approval, have not been amended, modified, annulled, rescinded or revoked,
and are in full force and effect as of the date of this Certificate.
2. The persons listed below have been duly elected or appointed to the offices of the
Company set forth opposite their respective names and hold such offices throu the date of this
Certificate. The signature appearing opposite each such person's name is the pe :.n s ge i uine
Name Office
Christopher Serbousek
Todd Seufer
Manager
Manager
IN WITNESS WHEREOF, I have set my hand eff
EXHIBIT A
Legal Description and Location Map
The proposed permit area is a tract of land located approximately 2 miles east of the Town of
Timnath in Windsor, Colorado. The proposed permit area includes 9.9 acres. According to the
Weld County Assessor's Office, the permit area parcel is owned by Serfer Land Ventures LLC.
Legal Description of the Proposed Affected Area:
SEl/4 of the NWl/a in Section 6, Township 6 North, Range 67 West of the Sixth Principal
Meridian, Weld County, State of Colorado.
Latitude/Longitude of Main Site Entrance:
40°31'02.12"N
104° 56' 21.99" W
Proposed Permit Boundary Definition
The proposed permit boundary does not follow property parcel boundaries, but is defined by the
aggregate resource. Prior to mining, the permit boundary will be identified and marked in the
field.
Affected Land Boundary Definition
The proposed permit boundary will encompass approximately 9.9 acres with only about 6.5 acres
mined. However, the affected land boundary essentially follows the permit boundary to allow
for associated mining disturbances and reclamation activities. Areas not disturbed by mining
may be disturbed by on -site access roads, stockpiles, or reclamation related activities.
Land and Structure Owners within 200 Feet of the Permit Boundary
Parcel
Owner
Mailing Address
080706200006
080706200005
Serfer Land Ventures, LLC
4315 E Harmony Rd
Fort Collins, CO 80528
080706100004
Deseran, Ann L.
35106 Weld County Rd 13
Windsor, CO 80550
080706100004
Hill, Alden V.
318 S. Grant Ave.
Fort Collins, CO 80521
Buried Gas Line
Sinclair Pipeline Company
100 E. Washington St.
P.O. Box 185
Sinclair, WY 82334
Buried Water Line(s)
City of Greeley
Water and Sewer Department
1100 10th Street, Suite 300
Greeley, CO 80631
Lake Canal Ditch
Lake Canal Reservoir Company
13329 Weld County Rd 74
Eaton, CO 80615
Harmony Windsor Site
DRMS Limited Impact 110 Permit Application
Page 4
FORT
COLLINS
0 RD 34E
SHEET 1
OF 1
DATE: November 2017
E HORSETOOTH RD
E HARMONY RD
I-
U,
J
4TH AVE
ECORD38
SUMMERFIELDS PKWY
LIMITED IMPACT 110 PERMIT APPLICATION
HARMONY WINDSOR SITE
WELD COUNTY
JAS ER ST
EXHIBIT A
LOCATION MAP
SCALE: NTS
CO RD 76
t
RODNEY NEY 'ST
1J
ALEXANDER DR
CO RD 74
Site Access Road
Harmony Windsor Site
(blue earth
SOLUTIONS
EXHIBIT B
Site Description
The proposed Mined Land Reclamation Board (MLRB) Harmony Windsor Site permit area is
entirely within a parcel of land owned by Serfer Land Ventures LLC. The proposed permit area
is part of an agricultural parcel of land currently utilized by the owner for general agriculture.
The parcel is located at the southeast corner of Weld County Road 74 and Weld County Road 13
and the proposed permit area is located on the south side of the parcel. There is an improved
gravel farm road that connects the proposed permit area with Weld County Road 74. Adjacent
land uses are mainly agricultural and semi -rural residential.
The proposed 9.9 -acre permit area contains more rocky soils than the rest of the parcel, making it
less agriculturally productive. Soils include Olney fine sand loam, Cascajo gravely sandy loam,
and Otero sandy loam. Overburden material is primarily composed of red and brown silty clay
material. Test pits have verified that soils are generally thin (less than 4 inches thick) and the
soil/overburden layer ranges from 2 to 4 feet deep across the proposed permit area. The Olney
soils are typical of slightly saline soils found on sandy plains. They are generally well drained,
non-hydric, and classified in Hydrologic Soil Group B. The Cascajo soils are more rocky than
the Olney soils and are commonly found in gravel breaks and outcrops. The Cascajo and Otero
soils are well drained, have infiltration and low runoff potential, and are classified in Hydrologic
Soil Group A.
Vegetation within the proposed permit area has been heavily disturbed by past agricultural
activities. Native grasses and shrubs such as blue grama, western wheatgrass, little bluestem,
sideoats grama, sagebrush, soapweed, and pricklypear. Although these species are still present,
most of the site is dominated by cheatgrass, kochia, thistle, and other weedy species. No
jurisdictional wetlands are known to exist on -site.
There are few man-made structures within the proposed permit boundary. A gas pipeline owned
by the Sinclair Pipeline Company bisects the proposed permit area. Two water pipelines owned
by the City of Greeley are immediately north of the site and the Lake Canal Ditch owned by the
Lake Canal Reservoir Company is immediately south of the site. No other man-made structures
are known to exist on or near the proposed permit area.
There are no natural surface water resources, lakes, streams, or springs, on or near the proposed
permit area. Depth to groundwater is not known, but well records obtained from the Colorado
State Engineer's Office suggest that depth to groundwater could be from 30 to 40 feet below the
ground surface. The Lake Canal Ditch is near the south side of the proposed permit boundary.
Near the ditch, a seasonal, localized, perched groundwater system may be created from ditch
seepage, but the mining area will be upgradient from any ditch seepage.
Critical wildlife is not likely to exist in the proposed permit area due to historic land disturbances
and lack of native vegetation and habitat. The proximity of the Lake Canal Ditch may provide
limited seasonal water habitat for amphibians such as the Great Plains Toad and reptiles such as
Harmony Windsor Site
DRMS Limited Impact 110 Permit Application Page 5
the Plains Garter Snake. Waterfowl such as the Mallard Duck and Canadian Goose may also
make use of the ditch when it is carrying water. The ditch may also provide a travel corridor for
bird species such as sparrows and warblers and large and small mammals such as muskrat,
rabbit, deer, fox, and coyote. However, the continued length of the ditch provides additional
habitat for any potentially temporary displacement of wildlife using the ditch and, therefore, the
limited area and length of the mining operation should not have a significant impact on wildlife
in the area.
Harmony Windsor Site
DRMS Limited Impact 110 Permit Application Page 6
EXHIBIT C
Mining Plan
The proposed Harmony Gardens Site permit area contains verified aggregate resources. The new
supply will provide construction materials to meet the northern Colorado demand.
Introduction and Overview
The applicant anticipates mining and reclaiming the proposed Harmony Windsor Site in
approximately four (4) months. However, the rate of mining and overall life of the mine is
dependent on several factors including product demand. Test pits have verified that commercial
deposits of sand and gravel exist to about 10 feet below the surface of the ground. In addition to
the commercial sand and gravel materials, clay, silt, and other non -marketable materials
excavated from the proposed permit area will be used on -site for reclamation.
Traditional organic topsoil on most of the site is thin (less than 4 inches thick), but is thickest in
areas where crop production was most common. Most of the soils are sandy loams that are well
drained. The topsoil and overburden will be stripped separately prior to mining the deposit and
stockpiled or used immediately for reclamation.
Although the mining area is small, plans currently include mining in three phases — the mining
areas are immediately east (Phase I) and west (Phase II) of the Sinclair pipeline and Phase III is
on the far western edge of the property (see Exhibit E, Mining Plan Map). An internal haul road
will connect all three mining area phases. There is an improved gravel farm road that connects
the proposed permit area with Weld County Road 74.
Even though the proposed permit area will be mined in three phases, integration of mining and
reclamation is still applicable within each phase. In areas where the reclamation plan requires it,
as the pit reaches its maximum depth and edges are completed, they will be backfilled and
reclaimed. In areas where the final pit depth has been achieved and operations are no longer
present, backfilling and reclamation of pit walls will extend onto the floor.
The only water used on -site for production will be for dust control. Water for dust control will
be trucked to the site from other locations. Therefore, no new water demands will occur on the
proposed Harmony Windsor Site.
Mining Methods
Groundwater is not expected to be encountered during mining and the deposit will be dry mined.
Mining will occur within 200 feet of the Lake Canal Ditch, however, depth of mining will not
reach the elevation of the ditch and intercepting ditch seepage is not anticipated. Mining will
proceed by first stripping and stockpiling topsoils and overburden. The exposed gravel will then
be removed in lifts and screened and/or transported off -site for processing. Since the material is
unconsolidated deposits, no blasting is required.
Harmony Windsor Site
DRMS Limited Impact 110 Permit Application Page 7
Earth Moving
Areas to be mined are prepared by removal of topsoil and overburden. Each preparation area
may be 100 feet or more in front of the mining operation. Where it is found, surface topsoil
material will be stripped separate from the underlying, deeper subsoil or overburden material.
This topsoil layer contains most of the soils organic matter and will be stockpiled separately for
use in reclamation. Once the surface layer has been removed, the rest of the overburden will be
stripped and stockpiled separate from the surface layer. Due to the short time frame of the
mining operation, it is anticipated that stockpiles will not remain through a growing season.
Therefore, the stockpiles will not be seeded for stabilization.
During mining and prior to reclamation, the mining face and walls will be a nearly vertical to
1/H:1 V slope (see Exhibit E, Mining Plan Map). Generally, mining will progress down to the
depth of quality aggregate material or about 10 feet below the surface. Mining in Phase 1 and
Phase 2 may occur to 10 feet below the ground surface in the northern part of the mining cells,
but as mining progresses south the depth of mining will decrease to zero so that the final mine
cell will free drain from north to the south. Mining may also be shallower near the south side of
Phase III. However, regardless of mining depths, backfill and grading will be used to allow the
mine cell to free drain from north to south.
As the mining face progresses, pit sidewalls behind the mining activities will be reclaimed. So
that reclamation activities do not interfere with mining operations, pit sidewalls may extend
300 feet behind the active mining face without being reclaimed. The aggregate material will be
recovered using equipment typical for sand and gravel mining operations. Earth moving
equipment may include, but are not limited to dozers, loaders, scrapers, and excavators. The
aggregate material from the pit will be temporarily stockpiled within the pit or transported
directly for processing or off the site. During mining and reclamation activities, watering trucks
for dust control will be used as needed.
In general, setbacks from the mine pit top of slope to the proposed permit boundary will be
20 feet or greater. The exception to this setback is along the northern side of Phase I and
Phase II where mining will extend to the permit boundary in order to create a smooth transition
with reclamation at the adjacent Harmony Gardens Site (M-2017-021). Mining setbacks from
the Sinclair gas pipeline easement, City of Greeley water line easements, and Lake Canal Ditch
will be 50 feet or greater and structure agreements will be offered to each of the structure
owners.
Topsoil and overburden material excavated from the pit will be stockpiled and used for
backfilling mine pit slopes and other reclamation activities. The non -marketable material
stockpiles will be created adjacent to the areas that will be backfilled or on the pit floor. When
sufficient material is available in the stockpile, the material will be backfilled into previously
mined areas.
The side slopes of the mine pit will be backfilled, graded to a minimum 3H:1 V slope, and seeded
as mining progresses. Approximately 3,960 feet of pit side slopes will be created during mining.
Since reclamation is anticipated to be concurrent with mining operations, the actual length of
side slope requiring backfilling and grading at any point in time is expected to be far less than
3,960 feet. The deepest areas of the mining cells are anticipated to be near 10 feet high. Once
Harmony Windsor Site
DRMS Limited Impact 110 Permit Application Page 8
backfilling and final grading has been completed in an area, the top of the slope and the side
slopes will be seeded as soon as practicable (based on first available seeding season).
Since reclamation will take place concurrently with mining, large and long-term topsoil and
overburden stockpiling is not anticipated. Topsoil and overburden stockpiles will be configured
to have side -slopes no steeper than 2H:1 V. If the stockpiles are inactive for more than one
growing season they will be seeded with the fast growing grass seed mixture in the table below.
However, since the stockpile materials will continually be used for reclamation, the stockpiles
will likely be disturbed on a frequent basis and seeding the stockpiles may not be practical during
the course of the operation. If stockpile seeding is not used, surface roughening will be
maintained to limit wind and water erosion.
Stockpile Grass Seed Mixture
Grass Species
Rate
(lbs PLS/acre)
Intermediate Wheatgrass
5.0
Blue Grama
1.0
Triticale (sterile h by rid)
1.25
Rates are for broadcast seeding.
In order to gain an understanding of the extent of the mining operation, it is helpful to know the
acres disturbed by different aspects of the mining operation. Each aspect is listed in the
following table with associated disturbed area. The table illustrates a point in time where the
mining disturbance could be at its maximum. Since the proposed Harmony Windsor Site is so
small, it is assumed that the potential greatest mining disturbance includes the whole permit area.
During this scenario, no reclamation will have been performed, leaving approximately 3,960 feet
of side slope for backfilling. In the worst -case scenario, reclamation will begin and progress
once all mining is completed.
Mine Operation Aspects and Disturbance Areas
Aspect
Mining Operation
Disturbed
Area (acres)
A
Active Mining Area:
1. Near vertical un-reclaimed pit side slopes (3,960 linear ft).
2. Un-reclaimed pit floor.
6.5
B
Miscellaneous Disturbed Areas:
1. Internal haul roads.
2. Other.
3.4
C
Final Reclamation:
1. Seeding.
2. Re -seeding
NA
Total Disturbed Area
9.9
Harmony Windsor Site
DRMS Limited Impact 110 Permit Application
Page 9
Diversions and Impoundments
The existing grade of the proposed permit area generally drains to the south. Stormwater that
falls directly on disturbed areas will generally drain to the mine pit and be allowed to infiltrate.
The active mine pit will effectively contain stormwater flows and prevent surface runoff from
disturbed areas off the site. Stormwater not encountering disturbed areas will be allowed to drain
as it did prior to mining.
Material Processing and Associated Facilities
A portable processing facility for product screening may be brought to the site and used as
needed. The facility will be located within the pit close to where active mining is occurring. A
fueling/lubricating station, generators, and outdoor storage may also be located near the portable
processing facility. Pit run material will be hauled to the processing facility where raw material
and product stockpiles will be located. Alternatively, the material may be hauled off -site as pit
run for direct use or processing elsewhere.
Commodities to be Mined and Intended Use
Sand and gravel for use as construction materials will be the primary products produced from the
proposed Harmony Windsor Site. Test pits have verified that commercial deposits of sand and
gravel exist to about 10 feet below the surface of the ground. In addition to the commercial sand
and gravel materials, clay, silt, and other non -marketable topsoil and overburden materials will
be used on -site for reclamation.
Use of Explosives
Since the material is unconsolidated deposits, no explosives or blasting is required.
Harmony Windsor Site
DRMS Limited Impact 110 Permit Application Page 10
EXHIBIT D
Reclamation Plan
This plan covers reclamation the proposed Harmony Windsor Site.
Final Proposed Land Use
The current land use for the Harmony Windsor Site property is general agriculture. The use of
this land for general agriculture is not expected to change. Most of the land surrounding the
proposed permit area has similar agricultural uses. Consistent with general agricultural uses,
portions of the reclaimed mining area may be used for tree farming similar to other parts of the
property. With so much open, undeveloped land in the surrounding area, maintaining this land
as general agriculture is consistent with the more regional land uses.
General Overview of the Reclamation Plan
Reclamation of the proposed permit area is fairly straightforward. After mining and reclamation,
the mine cells will be dry depressions with maximum depth of approximately 10 feet and 3H:1 V
side slopes. Working with the existing land topography, the reclaimed cell depth will generally
decrease from north to south and the mining cells will be backfilled and graded to drain to the
south. Reclaimed mine pit side slopes will be created from backfill with overburden and topsoil
will be spread on both the side slopes and pit bottom to establish a plant growth medium. All
areas disturbed by mining activities will be prepared with topsoil and overburden and
revegetated during reclamation. Revegetation will generate a blend of grass species and, given
suitable precipitation, should produce good vegetation cover over all of the reclaimed site. In
addition to revegetation with grasses, areas used for tree farming may be stabilized with mulch or
other workable soil covers.
In general, shallower reclaimed slopes will provide easier access during reclamation and safer
access for ranching equipment following mining. Shallower slopes will also aid in establishing
vegetation growth and minimize erosion. Although pit side slopes will be backfilled and graded
as shallow as possible, no slopes will be reclaimed any steeper than 3H:1 V. Grading of pit side
slopes and the pit bottom will attempt to adhere to the surrounding natural topography and
drainage patterns.
The portable processing facility and any other structures associated with mining will be removed
from the site during final reclamation activities. Roads not necessary for future access and other
disturbed areas will be reclaimed with topsoil and overburden replacement and vegetative cover
to stabilize the areas and minimize erosion.
Reclamation Measures/Materials Handling
All available overburden and topsoil material will be used for backfilling. Similar to mining,
earth moving equipment may include, but are not limited to dozers, loaders, scrapers, and
excavators. Additional farm equipment for grading and seeding may be used for revegetation
activities.
Harmony Windsor Site
DRMS Limited Impact 110 Permit Application Page 11
Materials Handling - Backfilling
The pit floor will receive only enough backfill to create final grading and to establish a growth
medium for revegetation. The pit slopes will require backfilling to achieve final reclaimed
slopes of at least 3H:1 V (see Exhibit E, Reclamation Plan Map). Because of the pit size and
possible limited overburden, it may not be possible to achieve complete side slope reclamation
by backfilling with available overburden material. The result is, depending upon the amount of
overburden material recovered and available for reclamation, side slope backfilling may need to
be enhanced with additional material from the pit floor. Using material from the pit floor will
make the pit slightly deeper, but all slopes will still be maintained at 3H:1 V or shallower.
Additional material required, if any, will be determined during mining as overburden material
quantities and pit depths are verified.
Materials Handling - Grading
The 3H:1V pit side slopes will be graded to transition into the relatively flat pit floor sloping
slightly to the south. Grading of the pit floor may leave a subtle rolling topography rather than a
completely flat bottom depending on varying depths of the sand and gravel deposit. The side
slopes will also not be graded smooth, but will contain a low profile ridging pattern that follows
the contour. Final grading that leaves this type of ridging pattern helps to capture water for plant
growth as well as reduce the velocity of runoff and slope erosion. On these slopes, erosion may
present a maintenance issue for the first year or two of revegetation if there are large, drenching
thunderstorms, but more normal low intensity thunderstorms should not create more than minor
rilling.
All backfilling and grading will be done to stabilize the material and control erosion. Final
grading and seeding will be done as soon as possible after backfilling, grading, and topsoiling
have been completed. There will not be known toxic or hazardous materials in the backfill
material. The reclamation will not leave high walls on the property. In addition, there will be no
auger holes, excavations, or shafts left on the property.
Topsoil and Revegetation
The growth medium for revegetation will be a combination of overburden and topsoils.
Unfortunately, there is not a large quantity of quality topsoil available at the site. Because of its
thin occurrence, true topsoil stripping will likely incorporate some of the underlying silty clay
overburden material. Every effort will be made to separate true topsoil stripping, but even with
the incorporation of some overburden material, it is not anticipated that large quantities of the
topsoil/overburden growth medium will be available for reclamation.
Because of its limited availability, the topsoil/overburden growth medium may not be placed
evenly over the entire site. The floor of the pit will likely need less growth medium because
moisture accumulation there will help vegetation growth and new soil development. Therefore,
only about 2 inches of the topsoil/overburden growth medium will be placed on the pit floor.
The same dressing will be used for areas where stockpiles, access roads, or mining structures
have been removed and the underlying material has been scarified in preparation for reclamation.
A minimum of 4 inches of growth medium will be placed on backfilled pit slopes. The extra
thickness of growth medium will help to retain moisture on the slopes and provide a deeper
Harmony Windsor Site
DRMS Limited Impact 110 Permit Application Page 12
rooting zone to help protect against erosion. For slopes created by backfilling, growth medium
will go on top of a considerable depth of overburden. When spreading growth medium on
slopes, the same requirements for general grading will be followed. Final grading prior to
seeding will only follow the contours of the slope, creating ridging patterns that follow the
contour, and will never produce tracks up and down the slope.
Planting of the site will be done as areas are finished with preparation after grading and
spreading topsoil/overburden growth medium. Planting will occur seasonally to allow for timely
germination with available moisture and to provide the highest possibility for growth success. If
possible, planting will be performed between mid -November and the end of April.
Drill seeding is the preferred method for revegetation. Grass seed should be planted with a drill
equipped with depth bands and press wheels. On this site, broadcast seeding is not advisable as
seed burial would be limited. If broadcast seeding is necessary on moist soils, steep slopes, or in
excessively rocky areas, success can be encouraged by broadcasting onto growth medium that is
very loose, such as occurs immediately after spreading the plant growth medium. If the seed is
broadcast in those circumstances, then the seeded area will be dragged to help bury the seed.
At this time, no mulch or fertilizer is being proposed. On west and south facing slopes, mulch
may be applied if desired, but only if the mulch is very strongly crimped into the soil. On this
site, straw mulch, unless well anchored would most likely just blow away, providing little
benefit. If mulch is used, certified weed -less straw mulch at a rate of 2,000 pounds per acre
should be applied.
Fertilizer may be applied to re -soiled areas in a manner that will encourage emergence and
survival of the grasses without encouraging competition from weeds. Starter fertilizer could be
applied before, or at the time of, seeding. If necessary, full fertilization will be applied after
emergence. However, any fertilization done following seeding should be done using a method
that does not cause large scale disturbance of the surface. Fertilizer mixtures will be based upon
soil tests made on samples taken from re -soiled areas prior to seeding.
The seed mixture for the proposed permit area provides a native grass seed mix and is listed
below.
Revegetation Seed Mix
Grass Species
Rate
(lbs PLS/acre)
Blue Grama
5.0
Western Wheatgrass
3.0
Sideoats Grama
1.0
TOTAL
9.0
Rates are for drill seeding. If broadcast seeding is used, double
seeding rates.
Harmony Windsor Site
DRMS Limited Impact 110 Permit Application Page 13
If a significant invasion of noxious weeds occurs after seeding, the weeds will be mowed before
they can go to seed. The areas will be mowed periodically for additional control as needed.
Mechanical control will be used as a first priority. Chemical methods will only be used if no
other alternative produces acceptable results.
Periodic inspection for noxious weeds, at least once a year early in the season, will be done. The
weed inspection will search for not only the expected species but also any new List A or B
species introductions. It is likely that non -noxious and List C species will also be found. Non -
noxious weeds, which are often native invaders, will also be controlled to the extent practicable.
List C noxious species are problematic but are usually not as serious as List B species. List B
species in Colorado and utilized for Weld County weed management include: Absinth
wormwood, Black henbane, Bouncingbet, Bull thistle, Canada thistle, Chinese clematis,
Common tansy, Common teasel, Corn chamomile, Cutleaf teasel, Dalmatian toadflax, Dame's
rocket, Diffuse knapweed, Eurasian watermilfoil, Hoary cress, Houndstongue, Jointed goatgrass,
Leafy spurge, Mayweed chamomile, Moth mullein, Musk thistle, Oxeye daisy, Perennial
pepperweed, Plumeless thistle, Quackgrass, Russian knapweed, Russian -olive, Salt cedar,
Scentless chamomile, Scotch thistle, Spotted knapweed, Spurred anoda, Sulfur cinquefoil,
Venice mallow, Wild caraway, Yellow nutsedge, and Yellow toadflax.
All List A species must be eradicated by law. These weeds include African rue, Bohemian
knotweed, Camelthorn, Common crupina, Cypress spurge, Dyer's woad, Elongated mustard,
Giant knotweed, Giant salvinia, Hydrilla, Japanese knotweed, meadow knapweed, Mediterranean
sage, Medusahead, Myrtle spurge, Orange hawkweed, Purple loosestrife, Rush skeletonweed,
Squarrose knapweed, Tansy ragwort, and Yellow starthistle. The current complete list of
noxious weed species and local management plans is available from the Weld County Weed
Division.
Water — General
No groundwater is expected to be encountered in the mining and therefore groundwater in the
area should not be affected. Groundwater is not expected to be encountered during mining and
the deposit will be dry mined. Mining will occur within 200 feet of the Lake Canal Ditch,
however, depth of mining will not reach the elevation of the ditch and intercepting ditch seepage
is not anticipated.
The only water used on -site for production will be for dust control. Water for dust control will
be trucked to the site from other locations. Therefore, no new water demands will occur on the
proposed Harmony Windsor Site.
No irrigation will be used in establishing the vegetation, so no water rights are required for those
purposes. No water storage will occur in the pit.
To minimize the effect on the prevailing hydrologic balance, the operator shall:
a. Comply with all applicable Colorado water laws.
b. Comply with all applicable Federal and State water quality laws and regulations.
c. Comply with all Federal and State requirements for dredge and fill.
d. Perform all work to minimize erosion and sediment transport.
Harmony Windsor Site
DRMS Limited Impact 110 Permit Application Page 14
Buildings and Structures
There are no existing buildings or structures in the proposed permit area and no structures will be
left following reclamation.
Signs and Markers
Permit notification signs will be placed and maintained at the entrance to the operation. The
permit boundary will be identified where it is not already identified by fences or suitable
markers. All signs and markers will be removed upon permit release.
Reclamation Costs
In order to calculate maximum potential reclamation liability to the State, we have selected a
point in time where reclamation costs could be at a maximum. It is assumed that the time of
maximum mining disturbance could be at the completion of all mining activities. Although
concurrent reclamation is expected to be performed during all phases of mining, during the
worst -case scenario, no reclamation will have been performed during mining. Backfilling of the
side slopes to 3H:1 V has not begun. Stockpiles with available topsoil/overburden for backfilling
will be near the pit and areas for reclamation, so haul distances will generally be less than
500 feet. Each aspect is listed in the following table with associated disturbed area. Please refer
to Exhibit C, Mining Plan, for a listing of disturbed areas that total 9.9 acres. This estimate will
follow the same order as the listing in Exhibit C. Unit costs for reclamation activities were
provided from bidding documents associated with similar projects. Since all structures used in
the mining operation are portable, it is assumed that removal of the structures do not have
associated costs.
The completed mining area will include near vertical pit side slopes and un-reclaimed pit floor.
The near vertical pit slopes will total 3,960 linear feet with a height of 10 feet. The exposed pit
floor requiring reclamation will be approximately five (5) acres. As all mining is completed,
reclamation will begin, so it is assumed that during this worst -case scenario no concurrent
reclamation has been performed.
Miscellaneous disturbed areas at the point of maximum disturbance will include internal haul
roads and other miscellaneous mining related disturbances. These areas will be tilled in
preparation for topsoil/overburden growth medium placement, final grading, and seeding for
revegetation. It is estimated that the combined area of these disturbances will be approximately
3.4 acres.
Since quality topsoil is thin on the Harmony Windsor Site, vegetation growth medium will
include the best quality topsoil/overburden material available. If available, a minimum of
4 inches of growth medium will be placed on all disturbed areas following backfilling,
scarifying, and/or rough grading. Final grading of the topsoil/overburden growth medium will
prepare the surface for seeding. After initial seeding and the first season's growth, it is estimated
that approximately 20 percent of the seeded area will need to be re -seeded.
A breakdown of the estimated reclamation costs during the scenario presented above is provided
in the following table.
Harmony Windsor Site
DRMS Limited Impact 110 Permit Application Page 15
Estimated Reclamation Costs
Aspect
Reclamation Operation
Quantity
Units
Unit Cost ($)
Cost ($)
Active Mining Area
A 1
A 1.1
Backfill near vertical pit walls to 3H: IV slopes
[0.5(3,960' x 10' x 30')]
22,000
CY
$1.05
$23,100
A1.2
Rough grade backfilled slopes (top foot of
backfill only - 3,960' x 32' x 1')
4,693
CY
$0.50
$2,347
A13
Place growth medium on backfilled slopes
(3,960' x 32' x 0.4')
1,877
CY
$1.05
$1,971
A1.4
Final grade backfilled slopes
1,877
CY
$0.50
$939
A2
A2.1
Place growth medium on pit floor
(5 acres x 0.2')
1,613
CY
$1.05
$1,694
A2.2
Final grade pit floor
1,613
CY
$0.50
$807
Miscellaneous
Disturbed Areas
B1
B1.1
Internal haul roads and other disturbed areas
3.4
B1.2
Till all areas in Aspect B
3.4
Ac
$25.00
$85
B1.3
Place growth medium on all areas in Aspect B
(3.4 acres x 0.2')
1,097
CY
$1.05
$1,152
B1.4
Final grade all areas in Aspect B
1,097
CY
$0.50
$549
Final Reclamation
CI
C1.1
Seed all areas in Aspects A and B
9.9
Ac
$675
$6,683
C1.2
Re -seed 20% of all areas in Aspects A and B
2.0
Ac
$675
$1,337
Total Reclamation Costs
$40,662
Contractor Mobilization/Demobilization Costs (8%)
0.08
$3,253
Overhead (18.5%)
0.185
$7,522
Administration (5%)
0.05
$2,033
Total Proposed Financial Warrenty S53,470
Disturbed Acreage 3.5
Financial Warrenty per Acre $15,277
Harmony Windsor Site
DRMS Limited Impact 110 Permit Application
Page 16
EXHIBIT E
Map
See attached maps.
- Mining Plan Map
- Reclamation Plan Map
Harmony Windsor Site
DRMS Limited Impact 110 Permit Application Page 17
PERMI
OUNDAR
OVERBURDE
STOCKPILE
TYPICAL
1
20' MINING . 4 i
SETBACK ;
60' TEMPORARY
CONSTRUCTION
EASEMENT
Rec No. 325837
50' PIPELINE RIGHT-OF-WAY
EASEMENT (BK 1641. PG 296)
50' SETBACK
FROM EASEMENT
200'
20' MINING N•\
SETBACK
VERBURDE
STOCKPILE
TYPICAL
ANN DE ERAN
AND ALDEN HILL
r. N
20' MINING
SETBACK
1
•
•
50' MINING
SETBACK
S
3/4
o:
0
u
CLAM
I
1'-3' SOIL/OVERBURDEN
20' min.
TYPICAL MINING SECTION
0.5'
HISTORIC GROUND
MINING SLOPE
PIT FLOOR
N.T.S.
ARM ACCESS ROA
NORTH TO WELD
COUNTY ROAD 74)
- t CH.
XISTING GAS LINE
SINCLAIR PIPELIN
• A
EXISTING
WATER LINES
CITY OF GREELEY
50' MINING
SETBACK
XI STING GAS LINE
SINCLAIR PIPELIN
OMPANY
EXISTING PERMIT
BOUNDARY LINE
20' MINING:
SETBACK
PERMI
•
•
4
0
♦`
OVERBURDEN
STOCKPILE
TYPICAL
R •NY A
SITE PERMIT AREA
M-2017-021 HATCHED
•
•S
ANN DE ERAN
AND ALDEN HILL
r. N .
2-T' • K
DIRT ACCES
A
25' CITY OF GREELEY
WATER LINE EASEMENT
Rec. No. 3245837
ter -
EXISTING PERMIT
BOUNDARY LINE
300
NOTES:
0
( IN FEET )
1 inch =300 ft.
300 Feet
1. The proposed permit boundary encompasses
approximately 9.9 acres with only about
6.5 acres currently planned for mining.
2. Material processing is not expected to take
place on site, however a portable processing
facility for product screening may be brought
to the site and used as needed. The facilities
will be located within the pit close to where
active mining is occurring.
3. Groundwater is not expected to be
encountered during mining.
4. Soils in the proposed permit area include
Olney fine sand loam and Casco jo gravely
sandy loam.
5. Vegetation within the proposed permit area is
generally classified as being from a prairie
shrubland ecoregion, but previous disturbances
have greatly changed the native vegetation
character of the site.
6. The Lake Canal Ditch is near the south side
of the proposed permit boundary, but the
proposed mining operation does not anticipate
any impacts to the ditch or surrounding
groundwater hydrology.
7. Best Management Practices will be used to
limit discharge of stormwater and sediment
onto adjacent properties and waterways.
8. The mining limits in Phase I and Phase II
follow the northern permit boundary to
facilitate reclamation consistency with Existing
Permit M-2017-021.
LEGEND:
Proposed Permit Boundary Area
Mining Setback Line
reais Permit Buffer Line
Existing Permit M-2017-021
Existing Easement Line
Existing Gas Line
W Existing Water Line
Existing Dirt Access
z
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HARMONY W
WELD COUNTY, COLORADO
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DATE: November, 2017
'5% 004 CONNELL RESOURCESWARMONY GARDENS\DWGIEXHIBITSIHARM-WIND DRMS EXHIBITS IHARM-WIND MINING MAP DV,
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P. RXIMAT
HARM • NY WINDSOR°
SITE PERMIT AREA'
N • = C SHADED
FINAL ' CLAMA I
60' TEMPORARY
CONSTRUCTION
EASEMENT
Rec No. 325837
50' PIPELINE RIGHT-OF-WAY
EASEMENT (BK 1641, PG 296)
PERMIT
B UNDAR
APPR XIMMAAT
MIN
INAL RECLAMA
ANN DE ERAN
AND ALDEN HILL
r. N .
2 -TRACK
DIRT ACCESS
PHASE II
71--�
PERMI
TOP SOIL
6'
20' MIN.
>-
i- 0
z
Cr wO
am
OVERBURDEN
BACKFILL MATERIAL
3'
RECLAIMED SLOPE
HISTORIC GROUND
MINING HIGHWALL
TYPICAL BACKFILL RECLAMATION
4" TOP SOIL
2" TOP SOIL
MINING FLOOR
N.T.S.
IN If'ROVE
ARM ACCESS ROA
NORTH TO WELD
COUNTY ROAD 74)
XISTING GAS LINE
SINCLAIR PIPELIN
OMPANY
S
VENTURES, LLC
EXISTIN
WATER LINES
(CITY OF GREELEY
EXISTING GAS LINE
t"'(SINCLAIR PIPELIN
COMPANY
ADP
MINING LIMIT
FERMI
OUNPAR
EXISTING PERMIT
BOUNDARY LINE
•
(If
I II
,` t.
/
Art
ARDEN
SITE PERMIT AREA
M-2017-021 (HATCHED)
slier
HARMONY WINDSOR
;SITE PERMIT AREA
9.9 ACRES (SHADED)
2 -TRACK
DIRT ACCES
25' CITY OF GREELEY
WATER LINE EASEMENT
Rec. No. 3245837
EXISTING PERMIT
BOUNDARY LINE
MIT
OUN DARY
SEE NOTE 10
'PERMIT
'6Q!,JP .D RY
2.
300 0
(IN FEET)
1 inch =300 ft.
NOTES:
300 Feet
1. The proposed final land use for the Harmony Windsor Site is
general agriculture.
Reclaimed mine pit side slopes will be created from backfill
with overburden.
3. All available topsoil and overburden material will be used for
backfilling and site reclamation.
4. No slopes will be reclaimed any steeper than 3H:1 V.
5. The growth medium for revegetation will be replacement of
pre-existing topsoils.
6. The seed mixture for the proposed permit area provides a
native grass seed mix.
Revegetation Seed
Mix
Species
(lbs
Rate
PLS/acre)
Blue
Grama
5
Western Wheatgrass
3
Sideoats
Grama
1
TOTAL
9
Rates are
for drill
used,
double
seeding.
seeding
If
broadcast
rates.
seeding
is
7. Periodic inspection for noxious weeds, at least once a year
early in the season, will be done as part of a weed management
plan.
8. The portable processing facility and any other structures
associated with mining will be removed from the site during
final reclamation activities.
9. Best Management Practices will be used to control erosion and
stormwater suspended sediment runoff from the site during
reclamation activities.
10. The final reclamation slopes of Phase 1 and Phase 11 to match
the reclamation slope of M-2017-021
LEGEND:
c
w
Proposed Permit Boundary Area
Mining Setback Line
Permit Buffer Line
Existing Permit M-2017-021
Existing Easement Line
Existing Gas Line
Existing Water Line
Existing Dirt Access
Q
Q
z
O
J
W
Cr
SERFER LAND VENTRURES
0
z
HARMONY W
WELD COUNTY, COLORADO
CV
W tL
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DATE: November,
F:\590-004 CONNELL RESOURCESIHARMONY GARDENS'OWGIEXHIBD SNARM-WIND DRMS EXMUI' SA1 ARM-WIND_RE Ci WA-1ON MAP (MC
EXHIBIT F
List of Other Permits and Licenses Required
• Town of Windsor Conditional Use Grant — Obtained.
• APEN, Colorado Department of Public Health and Environment Air Pollution Emission
Notification Permit — Permits will be obtained prior to operations.
• CDPS, Colorado Department of Public Health and Environment Colorado Discharge Permit
System Permit — Permits will be obtained prior to operations.
Harmony Windsor Site
DRMS Limited Impact 110 Permit Application Page 18
EXHIBIT G
Source of Legal Right to Enter
See attached material.
Harmony Windsor Site
DRMS Limited Impact 110 Permit Application Page 19
SELLER AFFIDAVIT
PROPERTY PURCHASERS (SO SERFER LAND VENTURES, LLC, a Colorado limited liability company
CURRENT OWNERS) EAST HARMONY LLC, a Colorado limited liability company
Fidelity National Title Insurance Company
COMMITMENT NO. (The "Commitment"): F0536660-017-LM6
PROPERTY ADDRESS: 6166 Weld Count' Road 74 !, SEC corner of Weld County Road 13 and East Harmony
Road, Windsor, CO
LEGAL DESCRIPTION (The "Property" including any buildings and other improvements thereon):
Parcel One:
A portion of the Northwest 1/4 of Section 6, Township 6 North, Range 67 West, and a portion of the Southwest 1/4
of Section 31, Township 7 North, Range 67 West, of the 6th P.M., County of Weld. State of Colorado and being
more particularly described as follows:
Commencing at the Northwest Corner of said Section 6 and assuming the North line of the Northwest 1/4 of said
Section 6 as bearing North 88°44'25" East, being a Grid Bearing of the Colorado State Plane Coordinate System,
North Zone, North American Datum 1983/92, a distance of 2325.26 feet with all other bearings contained herein
relative thereto:
Thence North 88°44'25" East along the North line of the Northwest 1/4 of said Section 6 a distance of 30.00 feet to
the East line of the Timnath Ranch Sixth Annexation to the Town of Timnath recorded June 7, 2004 as Reception
No. 3187080 of the Records of Weld County and the Point of Beginning; thence North 00°16'22" West along the
East line of the Timnath Ranch Sixth Annexation a distance of 30.00 feet to the South line of Windsor North
Annexation to the Town of Windsor recorded January 29, 1986 as Reception No. 02040927 of the Records of Weld
County; thence North 88°44'25" East along the South line of the Windsor North Annexation a distance of 203.89
feet to the West line of Lot A of Recorded Exemption No. 0705 -31 -3 -RE -612 recorded May 25, 1983 as Reception
No. 01928075 of the Records of Weld County; thence North 88°44'25" East along a line parallel with and 30.00 feet
northerly of, as measured at a right angle to the North line of the Northwest 1/4 of said Section 6 a distance of
1160.54 feet to the East line of said Lot A; thence North 88°44'25" East continuing along the South line of the
Windsor North Annexation a distance of 931.21 feet to the East line of said Windsor North Annexation, said line
also being the East line of the Southwest 1/4 of said Section 31;Thence South 00°27'56" West along the East line of
the Southwest 1/4 of said Section 31 a distance of 30.01 feet to the North line of the Northwest 1/4 of said Section 6;
thence South 01°02'00" East along the East line of the Northwest 1/4 of said Section 6 a distance of 1000.00 feet;
thence South 88°44'25" West along a line parallel with and 1000.00 feet Southerly of, as measured at a right angle to
the North line of the Northwest 1/4 of said Section 6 a distance of 2304.28 feet to the East line of the Timnath Ranch
Sixth Annexation to the Town of Timnath; thence North 00°30'59" West along said East line of Timnath Ranch
Sixth Annexation a distance of 1000.08 feet to the North line of the Northwest 1/4 of said Section 6 and the Point of
Beginning, Except that portion thereof lying within Section 31, Township 7 North, Range 67 West of the 6th P.M.
Parcel Two:
A parcel of land being a portion of the Northwest 1/4 and the Southwest 1/4 of Section 6, Township 6 North, Range
67 West, of the 6th P.M., County of Weld, State of Colorado and being more particularly described as follows:
Commencing at the Northwest Corner of said Section 6 and assuming the North line of the Northwest 1/4 of said
Section 6 as bearing North 88°44'25" East, being a Grid Bearing of the Colorado State Plane Coordinate System,
North Zone, North American Datum 1983/92, a distance of 2325.26 feet with all other bearings contained herein
relative thereto:
Thence North 88°44'26" East along the North line of the Northwest 1/4 of said Section 6 a distance of 30.00 feet to
the East line of the Timnath Ranch Sixth Annexation to the Town of Timnath recorded June 7, 2004 as Reception
No. 3187080 of the Records of Weld County; thence South 00°30'59" East along said East line of Timnath Ranch
Sixth Annexation a distance of 1000.08 feet to the South line of East Harmony Annexation No. 1 and the Point of
Beginning; thence North 88°44'25" East along the South line of said East Harmony Annexation No. I a distance of
2304.28 feet to the East line of the Northwest 1/4 of said Section 6; thence South 01°02'00" East along the East line
of the Northwest 1/4 of said Section 6 a distance of 1649.56 feet to the South line of the Northwest 1/4 of said
Section 6;thence South 01°32'18" East along the East line of the Southwest 1/4 of said Section 6 a distance of
693.83 feet to the Top of the Northerly Bank of the Lake Canal Ditch; The following 14 courses and distances are
along the Top of the Northerly Bank of the Lake Canal Ditch: Thence North 57°46'13" West a distance of 204.19
feet; thence North 47°46'43" West a distance of 253.37 feet; thence North 34°43'38" West a distance of 107.91 feet;
thence North 59°41'12" West a distance of 132.34 feet; Thence North 48°57'13" West a distance of 179.46 feet;
thence North 43°06'32" West a distance of 221.26 feet; thence North 32°38'32" West a distance of 185.28 feet;
thence North 64°46'32" West a distance of 230.02 feet; thence North 53°22'41" West a distance of 162.15 feet;
thence North 48°31'05" West a distance of 296.13 feet; thence North 50°30'28" West a distance of 231.83 feet;
thence North 33°27'48" West a distance of 360.22 feet; thence North 47°58'40" West a distance of 164.96 feet;
thence North 34°24'29" West a distance of 185.81 feet to the South line of the North 1/2 of the Northwest 1/4 of said
Section 6; thence South 88°47'41 West along the South line of the North 1/2 of the Northwest 1/4 of said Section 6
a distance of 261.50 feet to the East line of the Timnath Ranch Sixth Annexation to the Town of Timnath; thence
North 00°30'59" West along said East line of Timnath Ranch Sixth Annexation a distance of 325.10 feet to the
South Line of East Harmony Annexation No. 1 and the Point of Beginning. All in County of Weld, State of
Colorado.
Seller Affidavit, Page 1 of 2 File # F0536660
EXHIBIT H
Municipalities Within a Two -Mile Radius
- Project is in the Town of Windsor
301 Walnut Street
Windsor, Colorado 80550
(970) 674-2400
- Town of Timnath
4800 Godman Street
Timnath, Colorado 80547
(970) 224-3211
Harmony Windsor Site
DRMS Limited Impact 110 Permit Application Page 20
EXHIBIT I
Proof of Filing with County Clerk
See attached material.
Harmony Windsor Site
DRMS Limited Impact 110 Permit Application Page 21
6lue earth
SOLUTIONS
Letter of Transmittal
DATE: September 28, 2017
TO: Weld County Clerk to the Board
1150 O Street
Greeley, Colorado 80632
FROM: Bill Schenderlein
Blue Earth Solutions, LLC
P.O. Box 2427
Fort Collins, Colorado 80522
(970) 227-2803
WE TRANSMIT: THE FOLLOWING: FOR YOUR:
Attached El Originals ■ Use
nInformation Below ■ Copy of Letter Approval
Applications n Information
ElSpecifications n Review & Comment
❑ Other
Remarks:
Submission of this material satisfies requirements of the Mine Land Reclamation Board
Construction Materials Limited Impact (110) Reclamation permit application. The enclosed
application material must remain for public review at least sixty (60) days after a decision on
said application has been made the Office of Mined Land Reclamation (Rule 1.6.2 (2)).
Confidential materials were purposely excluded.
• One (1) copy of DRMS Construction Materials Limited Impact (110) Reclamation
permit application — Harmony Windsor Site — Serfer Land Ventures LLC.
Signed:
Blue Earth Solutions, LLC • P.O. Box 2427 • Fort Collins, CO 80522 • (970) 227-2803
EXHIBIT J
Proof of Mailing of Notices to Board of County Commissioners and
Soil Conservation District
See attached material.
Harmony Windsor Site
DRMS Limited Impact 110 Permit Application Page 22
(blue earth
SOLUTIONS
Letter of Transmittal
DATE: November 28, 2017
TO: Weld County Board of County Commissioners
1150 O Street
Greeley, CO 80632
FROM: Bill Schenderlein
Blue Earth Solutions, LLC
P.O. Box 2427
Fort Collins, Colorado 80522
(970) 227-2803
WE TRANSMIT:
•
Attached
Information Below
Remarks:
THE FOLLOWING: FOR YOUR:
❑ Originals ■ Use
❑ Copy of Letter ❑ Approval
❑ Applications ❑ Information
❑ Specifications ❑ Review & Comment
❑ Other
The enclosed material is provided to fulfill the requirements of the attached Colorado Mined
Land Reclamation Permit application.
• One (1) copy of DRMS notice form and the application form and Exhibit A of the
DRMS Construction Materials Limited Impact (110) Reclamation permit application.
Signed: /1,1
Blue Earth Solutions, LLC • P.O. Box 2427 ♦ Fort Collins, CO 80522 ♦ (970) 227-2803
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR CONSTRUCTION MATERIALS LIMITED IMPACT (110) OPERATION
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
Serfer Land Ventures LLC (the "Applicant/Operator") has applied for a Construction Materials Limited
Impact (110) 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 town clerk.
The applicant/operator proposes to reclaim the affected land to general agriculture use. Pursuant to
Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Town Board 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 ten (10) days after the date of applicant's newspaper
publication of notice pursuant to Section 34-32-112 (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 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.
(blue earth
SOLUTIONS
Letter of Transmittal
DATE: November 28, 2017
TO: West Greeley Conservation District
4302 W. 9th Street Road
Greeley, Colorado 80634
FROM: Bill Schenderlein
Blue Earth Solutions, LLC
P.O. Box 2427
Fort Collins, Colorado 80522
(970) 227-2803
WE TRANSMIT:
Attached
Information Below
Remarks:
THE FOLLOWING: FOR YOUR:
❑ Originals ■ Use
❑ Copy of Letter ❑ Approval
❑ Applications n Information
❑ Specifications n Review & Comment
❑ Other
The enclosed material is provided to fulfill the requirements of the attached Colorado Mined
Land Reclamation Permit application.
• One (1) copy of DRMS notice form and the application form and Exhibit A of the
DRMS Construction Materials Limited Impact (110) Reclamation permit application.
d /•
Signed: � i
Blue Earth Solutions, LLC • P.O. Box 2427 • Fort Collins, CO 80522 • (970) 227-2803
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR CONSTRUCTION MATERIALS LIMIT IMPACT (110) OPERATION
NOTICE TO THE BOARD OF SUPERVISORS
OF THE LOCAL SOIL CONSERVATION DISTRICT
WEST GREELEY CONSERVATION DISTRICT
Serfer Land Ventures LLC (the "Applicant/Operator") has applied for a Construction Materials Limited
Impact (110) 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 town clerk.
The applicant/operator proposes to reclaim the affected land to _general agriculture 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 (10) days after the date of the applicant's newspaper
publication pursuant to Section 34-32-112 (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 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 K
Terms of Governmental Contract
Not applicable.
Harmony Windsor Site
DRMS Limited Impact 110 Permit Application Page 23
EXHIBIT L
Permanent Man -Made Structures within 200 Feet of the Affected Land
The applicant, Serfer Land Ventures, believes that the mining operation, as proposed, will not
adversely affect any of the permanent, man-made structures located within 200 feet of the
affected area. Mining highwalls will remain at least twice the pit depth from man-made
structures. Since all mining and reclamation activities will be performed within the permit
boundary, no impacts to man-made structures outside the permit boundary are anticipated.
However, the applicant has been in communication with the pipeline owners and ditch company
and have offered signed structure agreements.
A list of observed and recorded man-made structures within 200 feet of the proposed permit
boundary, organized by land parcel where the structure was observed, is provided below.
Property Owner
Parcel Number
Man-made Structures within
200 feet of Affected Land
Serfer Land Ventures, LLC
4315 E Harmony Rd
Fort Collins, CO 80528
080706200006
080706200005
Sinclair Pipeline Company
100 E. Washington St.
P.O. Box 185
Sinclair, WY 82334
Easement
Buried Gas Line
City of Greeley
Water and Sewer Department1100
10th Street, Suite 300
Greeley, CO 80631
Easement
Buried Water Line(s)
Lake Canal Reservoir Company
13329 Weld County Rd 74
Eaton, CO 80615
Lake Canal Ditch
Harmony Windsor Site
DRMS Limited Impact 110 Permit Application Page 24
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