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HomeMy WebLinkAbout20171728(blue earth SOLUTIONS Letter of Transmittal DATE: June 2, 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: Attached n Information Below Remarks: THE FOLLOWING: Originals ■ Copy of Letter Applications Specifications n Other RECEIVED JUN 0 2 2017 WELD COUNTY COMMISSIONERS FOR YOUR: Use Approval Information 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 Response Letter and revised exhibits in response to DRMS application incompleteness letter dated May 31, 2017 — Connell Resources, Inc. — Harmony Gardens Site, M-2017-021. Signed: 2017-1728 Public Rai( ew Blue Earth Solutions LLC • P.O. Box 2427 • Fort Collins, CO 80522 • (970) 227-2803 co t p LCMO-1 / T P) , PWCCR I CH f I C 1c ) Co l Co 1 1-T cititi tt HARMONY GARDENS SITE DIVISION OF RECLAMATION, MINING AND SAFETY 11O LIMITED IMPACT PERMIT APPLICATION CONNELL RESOURCES, INC. 7785 Highland Meadows Parkway, Suite 100 Fort Collins, Colorado 80528 ue eanth SOLUTIONS May 2017 P.O. Box 2427, Fort Collins, CO 80522 Revisions June 2, 2017 COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203 May 31, 2017 Mr. Bill Schenderlein Blue Earth Solutions, Inc. P.O. Box 2427 Fort Collins, CO 80522 Re: Connell Resources, Inc.; Harmony Gardens Site; File No. M-2017-021; Receipt of Incomplete 110 Construction Materials Reclamation Permit Application Package Mr. Schenderlein: On May 17, 2017, the Division of Reclamation, Mining and Safety (Division/DRMS) received the 110 Construction Materials Reclamation Permit Application package for Harmony Gardens Site, File No. M- 2017-021. Preliminary review of the information received determined the following items must be received before the Division can consider the application as being submitted and technical review can begin: Application Form 1. The Division requires the Applicant to provide documentation giving the signer, John Warren, the authority to sign on behalf of Connell Resources, Inc. The authorization document may be in the form of by-laws, resolution, affidavit signed by corporate secretary, certified secretary statement or a notarized statement on company letterhead. 6.3.2 Exhibit B - Site Description 2. As required by Rule 1.1(3), affected lands include but shall not be limited to private ways, roads, except those roads which existed prior to the date on which notice was given or the permit application was made to the office and which were constructed for purposes unrelated to the proposed mining operation and which will not be substantially upgraded to support the mining operation. The Applicant states there is an improved gravel farm road that connects the proposed permit area with Weld County Road 74. Please clarify if the access road is included in the proposed 9.9 acre permit area and if improvements are necessary on the existing road to support the proposed mining activity. It appears based on aerial photography, the current road is an unimproved two - track road. New and improved roads must be included as part of the permitted acreage. Please update the permit application and exhibit acreage amounts as needed. 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us John W. Hickenlooper, Governor I Robert Randall, Executive Director I Virginia Brannon, Director Harmony Gardens Incompleteness Letter Page 2 of 2 May 31, 2017 6.3.3 Exhibit C - Mining Plan 3. The Applicant states a mine office/scale house will be established near the site entrance. Please clarify if the mine office/scale house is included in the proposed 9.9 acre permit area. Please indicate the location of the mine office/scale house on the Exhibit E - Mining Plan Map and update the permit application and exhibit acreage amounts as needed. 6.3.9 Exhibit I - Proof of Filing with County Clerk 4. Please provide an affidavit or receipt indicating the date on which the revised application pages in response to this letter were placed with the Weld County Clerk and Recorder. The application will not be considered filed until the information listed above is received and found sufficient to begin our review. A decision date will be established 30 days from the date of receipt of all of the requested information. Additionally, if you have already published notice you will need to republish notice, after the Division considers the application submitted. Republication must occur once within ten (10) days of the submittal date. We will notify you when you should initiate republication of your notice. The final date for receiving comments is ten (10) days after the date of publication or the next regular business day. You have sixty (60) days from the above date to submit all necessary documents that the Office needs for an application to be considered filed. If, at the end of the sixty day period, the application has not been determined to be filed with the Office, the Office shall deny the application and terminate the application file. The response due date is July 31, 2017. This letter shall not be construed to mean that there are no other technical deficiencies in your application. The Division will review your application to determine whether it is adequate to meet the requirements of the Act after submittal of all required items. If you have any questions, please contact me at peter.hays@state.co.us or (303) 866-3567 Ext. 8124. Sincerely, Peter S. Hays Environmental Protection Specialist Cc: Wally Erickson; Division of Reclamation, Mining & Safety John Warren; Connell Resources, Inc. Iue earth SOLUTIONS June 2, 2017 Colorado Department of Natural Resources Division of Reclamation, Mining and Safety Attn: Mr. Peter Hays 1313 Sherman Street; Room 215 Denver CO, 80203 RE: Response to Incompleteness Letter for Connell Resources, Inc. Harmony Gardens Site 110 Limited Impact Permit Application, M-2017-021 Dear Mr. Hays: The following discussion and attachments are submitted on behalf of our client, Connell Resources, Inc., in response to the Application Completeness Letter comments prepared by the Division of Reclamation, Mining and Safety dated May 31, 2017 for the Harmony Gardens Site 110 Limited Impact Construction Materials Reclamation Permit application. The information and discussion below addresses each comment as it was presented by the Division: 1. Additional documentation illustrating that John Warren has authority to sign on behalf of Connell Resources, Inc. is attached. 2. The overall property where the proposed mining site is located is currently being developed by the owner for landscape and nursery commercial and retail operations. The access road from Weld County Road 74 has recently been improved to support the landscape and nursery operations. Given the limited amount of material available within the proposed mining area and, therefore, the limited amount of overall truck traffic on the access road, the existing road should be acceptable for safe haul truck traffic. A more recent photograph of the site entry and access road is provided below. Blue Earth Solutions, LLC • P.O. Box 2427 • Fort Collins, CO 80522 • (970) 227-2803 Mr. Peter Hays RE: Harmony Gardens Site M-2017-021 June 2, 2017 3. The application materials were mistaken — an office/scale house is not included with the proposed mining operation. References to the office/scale house have been removed from the application narrative and plan maps including Exhibit C, Mine Plan, Exhibit D, Reclamation Plan, and Exhibit E, Mining Plan Map and Reclamation Plan Map. Revised exhibits are attached. 4. The receipt for delivery to the Weld County Clerk to the Board is attached. If you have any questions regarding this application and adequacy comment responses, please call me directly at (970) 227-28O3. Sincerely, Blue Earth Solutions, LLC William Schenderlein, P.E. Project Manager Attachments Page 2 of 2 Attachments - John Warren Authority - Revised Exhibits - Proof of filing with Weld County Clerk to the Board MINUTES OF ANNUAL MEETING OF SERIES A SHAREHOLDERS AND DIRECTORS OF CONNELL RESOURCES, INC. The undersigned, being all of the Series A shareholders (the "shareholders") and directors of Connell Resources, Inc., a Colorado corporation (the "Corporation") take the action set forth below, and to evidence their waiver of any right to dissent from such action, consent as follows: ic/ RICHARD CONNELL Shareholder and Director ON .' A. CONNELL S reholder and Director e SHERI C. WELCH Shareholder and Director tirtSide b -L1 , S : RA C. HEINE Shareholder By informal action the Series A shareholders unanimously elected the following persons as directors of the Corporation to serve until the next annual meeting or until their successors have been elected and qualified: Richard Connell Tony A. Connell Sheri C. Welch By informal action the shareholders unanimously elected the following persons to the offices stated beside their respective names until the next annual meeting or until their successors have been elected and qualified: Richard Connell Tony A. Connell William S. Anderson Kevin D. Anderson Eric Marsh John M. Warren Sheri C. Welch President Vice President Authority to sign bids, contracts, change orders, subcontracts and lien releases. Authorized signer on the Steamboat petty cash account. No authority to borrow funds on behalf of the company. Vice President of Estimating, Fort Collins Authority to sign bids, contracts, change orders, subcontracts and lien releases. No authority to borrow funds on behalf of the company. Aggregate Development Manager Authority to sign gravel pit related contracts. and asphalt oil supply contracts including transportation. No authority to borrow funds on behalf of the company. Construction Manager, Steamboat Authority to sign bids, CRI standard quotations and change orders for executed contracts. Authorized signer on the Steamboat petty cash account. No authority to borrow funds on behalf of the company. Vice President of Operations, Fort Collins Authority to sign bids, contracts, change orders, Subcontracts, lien releases and equipment rentals. No authority to borrow funds on behalf of the company. Authorized bank signer on disbursement and payroll account. Vice President and Chief Financial Officer, Secretary/ Treasurer Authority to sign lien releases, administrative and equipment contracts. Authorized bank signer on bank accounts and certificates of deposit. Authority to borrow funds on behalf of the company up to $1,000,000. Jennifer Lindblad Assistant Secretary, Authority to attest on corporate documents. Shana Burkett Assistant Secretary, Authority to attest on corporate • documents. By informal action the shareholders unanimously ratified all actions of the officers taken over the past year on behalf of the Corporation within the scope of their authority. This informal action of shareholders may be executed in counterparts. This informal action is effective as of June 6, 2016. APPRO2ED: y7-1 RICHARD CONNELL, Chairman cte TON Y/A. CONNELL SHERI C. WELCH i CSANJDRA C. HEINE Respectfully submitted, Sheri C. Welch Secretary C._ c_t_Learlat-A„, June 1. 2017 To whom it may concern: As further clarification to the authorization in Connell Resources Inc's Board of Directors meeting in addition to bids and contract, John M. Warren, Vice President of Operations, has the authority to sign on behalf of the company all Federal, State, and local permits and applications for permits. I (if Richard Connell, President Sheri C. Welch, Secretary ciAar Yit)menya,ez 6 SHANNON A MONSON NOTARY PUBLIC STATE 4F COLORADO NOTARY ID 20004029048 MY COMMISSION EXPIRES DEC 9.2020 m m N N a • Q LL Ln M rei O W F- • CO Co O1 Co co LA O Co O U z J J O teJ 1 — cc O LL • W Q cc act a U, 0 0 Q 2 0 z d J LA cc N N U LA' U cc O tn LU CC J -J W z z O U CONNEL.L Revised EXHIBIT C Mining Plan The proposed Harmony Gardens Site permit area contains verified aggregate resources. Although limited, the new supply will provide construction materials to meet the northern Colorado demand. Introduction and Overview Connell Resources anticipates mining and reclaiming the proposed Harmony Gardens 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. Due to the small mining area, plans currently include mining in just two phases — the mining areas west (Phase I) and east (Phase II) of the Sinclair pipeline (see Exhibit E, Mining Plan Map). An internal haul road will cross the Sinclair pipeline. 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 two phases, integration of mining and reclamation is still applicable within each phase. In general, 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 Gardens 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 Gardens 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/ZH:1 V slope (see Exhibit E, Mining Plan Map). Mining will progress down to the depth of quality aggregate material or about 10 feet below the surface. As the mining face progresses, pit sidewalls will 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. Setbacks from the mine pit top of slope to the proposed permit boundary or man-made structures not owned by the applicant will be 20 feet or greater. For setbacks adjacent to a man-made structure not owned by the applicant that are less than 20 feet, an agreement will obtained from the property owner or an engineering slope stability analysis will be performed. Setbacks from near vertical mining excavations to the permit boundary will be a minimum of 20 feet. 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 4,150 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 4,150 feet. The majority of the pit depth is anticipated to be near 10 feet high. Once 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 Harmony Gardens Site DRMS Limited Impact 110 Permit Application Page 8 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 (lbs Rate PLS/acre) Intermediate Wheatgrass 5.0 Blue Grama 1.0 Triticale (sterile hybrid) 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. At the proposed Harmony Gardens Site, it is assumed that the mining disturbance will be at its greatest during mining of the east cell. During this scenario, no reclamation will have been performed in the west cell, leaving approximately 1,500 feet of side slope for backfilling. In the worst -case scenario, as mining begins in the east cell, reclamation will begin and progress in the west cell. Mine Operation Aspects and Disturbance Areas Aspect Mining Operation Disturbed Area (acres) Active Mining Area: A 1. Near vertical un-reclaimed pit side slopes (1,500 linear ft). 3.0 2. Un-reclaimed pit floor. Miscellaneous Disturbed Areas: B 1. Internal haul roads. 0.5 2. Other. Final Reclamation: C 1. Seeding. NA 2. Re -seeding Disturbed Area 3.5 Total Harmony Gardens 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 Gardens 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 Gardens Site DRMS Limited Impact 110 Permit Application Page 10 Revised EXHIBIT D Reclamation Plan This plan covers reclamation the proposed Harmony Gardens Site. Final Proposed Land Use The current land use for the Harmony Gardens Site property is agriculture. The use of this land is not expected to change. Most of the land surrounding the proposed permit area has similar agricultural uses. 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 pit(s) will be dry depressions approximately 10 feet deep with 3H:1 V side slopes. 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 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. 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 Harmony Gardens Site DRMS Limited Impact 110 Permit Application Page 11 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:1 V pit side slopes will be graded to transition into the relatively flat pit floor. 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 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 Harmony Gardens Site DRMS Limited Impact 110 Permit Application Page 12 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 (lbs PLS/acre) Rate Blue Grama 5.0 Western Wheatgrass 3.0 Sideoats Grama 1.0 9.0 TOTAL Rates are for drill seeding rates. seeding. g If broadcast seeding is used, double Harmony Gardens 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 Gardens 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 Gardens 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 may be at the completion of Phase I. Although concurrent reclamation is expected to be performed during Phase I, during the worst -case scenario, no reclamation will have been performed in the Phase I pit. 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 3.5 acres. This estimate will follow the same order as the listing in Exhibit C. Connell Resources Inc. is an earth moving and construction contractor and 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 active mining area will include near vertical pit side slopes and un-reclaimed pit floor. The near vertical pit slopes in Phase I will total 1,500 linear feet with a height of 10 feet. The exposed pit floor requiring reclamation will be less than three (3) acres. As Phase II is initiated, Phase I reclamation will begin, so it is assumed that during this worst -case scenario there are no disturbances associated with Phase II. Miscellaneous disturbed areas at the point of maximum disturbance will include internal haul roads and other 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 one-half (0.5) acres. Since quality topsoil is thin on the Harmony Gardens 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 Gardens Site DRMS Limited Impact 110 Permit Application Page 15 Estimated Reclamation Costs Aspect I Reclamation Operation I Quantity Units Unit Cost (5) 1 Cost (5) Active Mining Area Al A1.1 Backfill [0.5(1,500' near vertical x 10' x 30')] pit walls to 3H:1 V slopes 8,500 ' CY $1.05 $8,925 A1.2 Rough backfill grade only backfilled - 1,500' x slopes 32' (top x 1') toot of 1,800 CY $0.50 $900 A1.3 1 '� (1,500' Place growth x 32' x medium 0.4') on backfilled slopes 720� CY 51.05 $756 A1.4 Final grade backfilled slopes 720 CY $0.50 $360 A2 A2. 1 (3 Place growth acres x 0.2') medium on pit floor 97 0 CY S1.05 $1,019 A2.2 Final grade pit floor 970 CY $0.50 $485 Miscellaneous Disturbed Areas B1 B1.1 Internal haul roads and other disturbed areas na 81.2 Till all areas in Aspect B 0.5 Ac $25.00 $13 B1.3 Place growth (0.5 acres medium x 0.2') on all areas in Aspect B 800 CY 5�; 1.05 $840 B1.4 Final grade all areas in Aspect B 800 CY $0.50 $400 Final Reclamation C 1 C1.1 Seed all areas in Aspects A and B 3.5 Ac $675 $2,363 C1.2 Re -seed 20% of all areas in Aspects A and B 0.7 Ac $675 5473 Total Reclamation Costs $16,532 Contractor Mobilization/ Demobilization Costs (8%) 0.08 $1,323 Overhead (18.5%) 0.185 53,058 Administration (5%) 0.05 $827 Total Proposed Financial Warrenty $21,740 Disturbed Acreage 3.5 Financial Warrenty per Acre 56,211 Harmony Gardens Site DRMS Limited Impact 110 Permit Application Page 16 ANN DESERAN AND ALDEN HILL Par. No. 080706100004 2'-41 SOIL/OVERBURDEN 51-81 SAND/GRAVEL TYPICAL MINING SECTION 5J' TEMPORARY I`i CONSTRUCTION EASEMENT Rec No. 325837 OVERBURDEN STOCKPILES Vi (TYPICAL) 20" MINING SETBACK HISTORIC GROUND MINING SLOPE 2-T RACK DIRT ACCESS PHASE PERMIT BOUNDARY LXIS I'NU GAS LINL (SINCLAIR PIPELINE, COMPANY) 50' PIPELINE RIGHT-OF-WAY EASEMENT (BK 1641, PG 296) PIT FLOOR EXIST NG IMPHO17ED1 FARM ACCESS ROAD (NORTH TO WELD COUNTY ROAD 74) CROSS -HATCHED EXISTIN (SINCLAIR PIPELIN COMPANY) SERFER LAND VENTURES, LLC Par. No. 080706200006 HAP AR SITE PERMIT AREA 0.00 ACRES 20' MINING SETBACK A AND ALDEN HILL ar. No. 080706100004 25' CITY OF GREELEY WATER LINE EASEMENT Rec. No 3245837 EXISTING WATER LINES (CITY OF GREELEY) PHASE II 2 -TRACK DIRT ACCESS —OVERBURDL STOCKPILES f JYPICAL) 201.76' PERMIT TO 200 O 200 Feet (IN FEET) 1 inch 2OOft. NOTES: The proposed permit boundary encompasses approximately 9.9 acres with only about 7.7 acres currently planned for mining. 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. Groundwater is not expected to be encountered during mining. Soils in the proposed permit area include Olney fine sand loam and Cascajo gravely sandy loam. 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. 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. Best Management Practices will be used to limit discharge of stormwater and sediment onto adjacent properties and waterways. LEGEND: — — a Permit Boundary Mining Setback Line IS IM Permit Buffer Line Existing Easement Line — Existing Gas Line w Existing Water Line Existing Dirt Access Overburden Stockpiles TOP SOIL OVERBURDEN BACKFILL MATERIAL 60' TEMPORARY CONSTRUCTION EASEMENT nee No. 325837 PERMIT BOUNDARY APPROXIMATE MINING LIMITS APPROXIMATE MINING LIMITS PERMIT BOUNDARY RECLAIMED SLOPE HISTORIC GROUND MINING HIGHWALL TYPICAL BACKFILL FILL RECLAMATION ATION PERMIT BOUNDARY EXISTING GAS LINE (SINCLAIR PIPELINE COMPANY) 4" TOP SOIL 2" TOP SOIL MINING FLOOR EXISTING IMPROVED FARM ACCESS ROAD (NORTH TO WELD COUNTY ROAD 74) APPROXIMATE MINING LIMITS EXISTING GAS LINE (SINCLAIR PIPELINE', COMPANY HARMONY GARDEN SITE PERMIT AREA 9.90 ARE __ i PPROXIMATE MINING LIMITS 25' CITY OF GREELEY WATER LINE EASEMENT Rec. No. 3245837 EXISTING WATER LINES (CITY OF GREELEY) PERMIT BOUNDARY TRA DIRT ACCESS APPROXIMATE MINING LIMITS PERMIT BOUNDARY ( IN FEET ) 1 inch ODft. NOTES: The proposed final land use for the Harmony Gardens She 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, The growth medium for revegetation will be replacement of pm -existing topsoils. The seed mixture for the proposed permit area provides a native grass seed mix. Revegetation Seed Mix Species Rate (I bs PLS/acre) Blue Grarna 5 Western Wheatgrass 3 Sideoats Grama 1 TOTAL 9 Rates are for drill seeding. If broadcast seeding is used, double seeding rates. Periodic inspection for noxious weeds, at least once a year early in the season, will be done as part of a weed management plan. The portable processing facility and any other structures associated with mining will be removed from the site during final reclamation activities, Best Management Practices will be used to control erosion and stormwater suspended sediment runoff from the site during reclamation activities. LEGEND: — — — Permit Boundary --- Mining Setback Line Permit Buffer Line Existing Easement Line Existing Gas Line Existing Water Line Existing Dirt Access Overburden Stockpiles H C C.O z LU (n cc cC 0 z O 2 cC led x Letter of Transmittal DATE: June 2, 2017 TO: Weld County Clerk to the Board 1150 0 Street Greeley, Colorado 80632 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 WE TRANSMIT: Attached n Information Below Remarks: THE FOLLOWING: Originals ■ Copy of Letter Applications Specifications n Other ue earth SOLUTIONS FOR YOUR: Use Approval Information 1 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 Response Letter and revised exhibits in response to DRMS application incompleteness letter dated May 31, 2017 — Connell Resources, Inc. — Harmony Gardens Site, M-2017-021. Signed: Blue Earth Solutions, LLC ` P.Q. Box 2427 • Fort Collins, CO 80522 • (970) 227-2803 Hello