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Home My WebLink About20170240.tiffhim J&T Consulting, Inc. January 13, 2016 Mr. Peter Hays Environmental Protection Specialist State of Colorado Division of Reclamation, Mining, & Safety 1313 Sherman Street — Room 215 Denver, CO 80203 RECEIVED JAN t 7 2017 WELD COUNTY COMMISSIONERS RE: M-2016-085 — Northern Colorado Constructors, Inc. — Bennett Pit — 112(c) Application Application Completeness Review Response Dear Mr. Hays, We have received the Division's Application Completeness Review letter requesting additional information relating to Northern Colorado Constructors, Inc. (NCC) application for permit number M-2016-085. NCC is submitting the following responses to the Division's request for additional information in order to it consider the application complete and begin its technical review. The Divisions comments are shown below with NCC's responses shown in Underlined Bold Italics. Application Form 1. Please complete Item #6 on the application form to indicate the name of the owner of subsurface rights of the affected land. a. Attached is Page 2 of the application form with Item #6 completed. 2. Please complete the "Responsibilities as a Permittee" section on Pages 5 and 6 of the application form. a. Attached are Pages 5 & 6 of the application form with the "Responsibilities as a Permittee" section completed. 6.4.17 Exhibit Q - Proof of Mailing of Notices to Board of County Commissioners and Soil Conservation District. 3. The Division did not receive proof of notice the permit application was sent to the Board of County Commissioner and the local Soil Conservation District, pursuant to Rule 1.6.2(1)(a)(ii). Please submit proof of mailing the notices to the Division. a. Attached are Proof of Mailing of Notices and copies of the application form to the Weld County Board of Commissioners, and the Platte Valley Soil Conservation District. V 305 Denver Avenue - Suite D • Fort Lupton, CO 80234 • Ph: 303-857-6222 • Fax: 303-857-6224 Public, RE to) cc/ c (Yuri trp) RA) cE Ric i UNIY1/ 0(/93/11 OU17/(e1 2017-0240 M-2016-085 — Northern Colorado Constructors, Inc. — Bennett Pit — 112 (c) Application Completeness Review Response January 13, 2017 2 6.4.18 Exhibit R - Proof of Filing with County Clerk 4. The Division did not receive an affidavit or receipt indicating the date on which the application was placed with the local County Clerk and Recorder for public review, pursuant to Rule 1.6.2(1)(c). Please provide an affidavit or receipt indicating the date on which the original and revised application documents in response to this letter were placed with the Weld County Clerk and Recorder. a. Attached is a date stamped letter of transmittal receipt from the Weld County Clerk to the Board acknowledging receipt of an entire copy of the application to be placed for public review. NCC appreciates your consideration of this response to your request for additional information, and looks forward to your response. Please feel free to contact me with any questions or comments. Sincerely, J.C. York J&T Consulting, Inc. Cc: File Northern Colorado Constructors, Inc. Attachments: Application Form — Page 2 Application Form — Pages 5 & 6 Proof of Mailing of Notices to Weld County Board of Commissioners and Platte Valley Soil Conservation District Stamped letter of transmittal receipt from Weld County Clerk to the Board for entire application V 305 Denver Avenue - Suite D • Fort Lupton, CO 80234 • Ph: 303-857-6222 • Fax: 303-857-6224 6. Name of owner of subsurface rights of affected land: Pioneer Land Company, LLC If 2 or more owners, "refer to Exhibit O". 7 Name of owner of surface of affected land: Pioneer Land Company, LLC 8. Type of mining operation: ILISurface I 1 Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN (check one): ` 6th (Colorado) Fl_ 10th (New Mexicojunal) Ute SECTION (write number): S 12 TOWNSHIP (write number and check direction): T 2 1-71 North South RANGE (write number and check direction): R 67 ri East 1111 West t QUARTER SECTION (check one): ) ► SW UAR ✓ Q TER/QUARTER SECTION (check one): NE NW SE SW ■ GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): 3 miles SSW of Platteville, CO. Elevation = 4835 10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude (N): deg 40 min 09 sec 34 .78 (2 decimal a places) Longitude (W): deg 104 min 50 sec 54 .39 (2 decimal places) OR Example: (N) (W) 39.73691° -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) Nad 83 Zone 13 Easting Northing 5 Maps and Exhibits: *Two (2) complete, unbound application packages must be submitted. One complete application package consists of a signed application form and the set of maps and exhibits referenced below as Exhibits AS, Addendum 1, and the Geotechnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate documents are used as appendices, please reference these by name in the exhibit. With each of the two (2) signed application forms, you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4, 6.5, and 1.6.2(1)(b): EXHIBIT A EXHIBIT B EXHIBIT' C EXHIBIT I3 EXHIBIT E EXHIBIT F EXHIBIT (I EXHIBIT H EXHIBIT I EXHIBIT J EXHIBIT K EXHIBIT L EXHIBIT M EXHIBIT N EXHIBIT O EXHIBIT P EXHIBIT Q LXI 11131"1 R EXHIBIT S Rule 1.6.2(I)(b) Rule 6.5 Legal Description Index Map Pre -Mining and Mining Plan Map(s) of Affected [..ands Mining Plan Reclamation Plan Reclamation Plan Map Water Information Wildlife Information Soils Information Vegetation Information Climate Information Reclamation Costs Other Permits and Licenses Source of Legal Right -To -Enter Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined Municipalities Within Two Miles Proof of Mailing of Notices to County Commissioners and Conservation District Proof of Filing with County Clerk or Recorder Permanent Man -Made Structures ADDENDUM I - Notice Requirements (sample enclosed) Geotechnical Stability Exhibit (any required sections) The instructions for preparing Exhibits A -S, Addendum 1. and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule I.6.2(1)(b) of the Rules and Regulations. I fyou have any questions on preparing the Exhibits or content of the in formation required, or would like to schedule a pre -application meeting you may contact the Office at 303-866-3567. Responsibilities as a Permittee: Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a number of important requirements which you, as a permittee, should fully understand. These requirements are listed below. Please read and initial cacti requirement, in the space provided, to acknowledge that you understand your obligations. Ify ou do not understand these obligations then please contact this Office for a full explanation. I . 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 Hoard or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; -6- 72e- �Z Sze, z, ✓z 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as permittee can result; 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of any changes in your address or phone number; 6. Upon permit issuance and prior to beginning on -site mining activity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information (Rule 3.1.12): a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance. 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. 9. Annually, on the anniversary date of permit issuance, you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there arc 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 ofJuly 1, 1995, the annual fee is for the period ofJuly 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. l or joint venture/partnership operators: the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. a Complete items 1, 2, and 3. in Print your name and address on the reverse so that we can return the card to you. II Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: • Itilillil Iii! IiItItIitH IIII Iliillll!'llll 9590 9402 1 776 6074 2477 62 COMPLETE THIS SECTION ON DELIVERY A. Signature X I� B. Received by (Printed Name) Mario AragoLl D. Is delivery address different from item 14 0 Yes if YES, enter delivery address below. 0 No d i7 Agent O Addressee C. DateQf Delivery 2. srat" h1.Ir..1%ra- trr*ne1ar frnrn on uyr+n Shall 3. Service Type o Adult Signature CI Adult Signature Restricted Delivery o Certified Mail® o Certified Mail Restricted Delivery o Collect cm Delivery El Collect on Delivery Restricted Delivery 7016 0750 0001 1,688 2420 iV V {,.I r/ ?UV) meted Delivery 0 O O 0 0 Priority Mad ExpressQ Registered MailrM Registered Mail Restricted Delivery Return Receipt for Merchandise Signature Confirmation TM Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-0009053 Domestic Return Receipt SENDER: COMPLETE THIS SECTION a Complete items 1, 2, and 3, a Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. i . Article Addressed to: ,fritt-t1-7Q(/ it; 1!11111 III inhililhi III IlilllElilti Iti 9590 9402 1776 6074 2.477 79 COMPLETE THIS SECTION ON DELIVERY A. Signature. X . x1it. (St- -c-I, B. Received by (Printed Name) C. Date c D. Is ddluary address different t> 1? O If 1(E$,' enter delivery address below.: O f 4. JAN 3. O O el Aunt' -1 _ •4 . ..+ 1688 3413 X750 0001 7016 � PS Form 3811, July 2015 PSN 7530-02-000-9053 Service Tye... Adult Signature Adult Signature Restricted Del very Cried Mall® Certified Mail Restricted Delivery Collect on Delivery Delivery Restricted Delivery t,auncu �� csil Restricted Delivery (over $500} c ® Return Rees; Merchandise o Signature Cor o Signature Car Retracted Dui Domestic Return sa JET Consulting, Inc. LETTER OF TRANSMITTAL Date: January 5, 2O17 File No:16116 Job Name Bennett Pit To Weld County Clerk to the Board 1 150 O Street Greeley, CO 80632 Attention: Clerk to the Board V'e't- ARE SENDING YOU: 0pius Phone: 970-336-7204 Fax: 970-336-7233 x 4021 Description Bennett Pit - Application for a Colorado Mined Land Reclamation Permit for a Regular (1 12) Construction Materials Extraction Operation THESE ARE TRANSMITTED as checked below: ■ For Approval For your use As requested For review and comment For Bids D u e RI- 1v1ARKS Approved as submitted Approved as noted Returned for corrections Other. Resubmit Submit Return copies for approval copies for distribution corrected prints Piease find attached a copy of an application for a Colorado Mined Land Reclamation Permit for a Regular (1 12) 2 ) Construction Materials Extraction Operation for the Bennett Pit to be filed for public review. Please feel free to contact us with any questions you may have. Regards, , J t York i� I Signed: Denver Avenue - Suite D • Fort Lupton, CO 80234 • Ph: 303-857-6222 • Fax: 303-857-6224 Hello