HomeMy WebLinkAbout20160070.tiffSTATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: (303) 866-3567
FAX: (303) 832-8106
CONSTRUCTION MATERIALS
REGULAR (112) OPERATION
RECLAMATION PERMIT APPLICATION FORM
COLORADO
DIVISION OF
RECLAMATION
MINING
SAFETY
CHECK ONE: El There is a File Number Already Assigned to this Operation
P it # M - -_ (Please reference the file number currently assigned to this operation)
New Application (Rule 1.4.5) 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 Regular 112 Operation Reclamation Permit contains three major parts: (1) the application
form; (2) Exhibits A -S, Addendum 1, any sections of Exhibit 6.5 (Geotechnical Stability Exhibit; and (3) the application fee. When you
submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (1) copy of the completed
application form, two (2) copies of Exhibits A -S, Addendum 1, appropriate sections of 6.5 (Geotechnical Stability Exhibit, and a check for
the application fee described under Section (4) below. Exhibits should Q be bound or in a 3 -ring binder; maps should be folded to
8 1/2" X 11" or 8 1/2" X 14" size. To expedite processing, please provide the information in the format and order described in this form.
GENERAL OPERATION INFORMATION
Type or print clearly, in the space provided, ALL information requested below.
1. Applicant/operator or company name (name to be used on permit): Weld County Public Works
1.1 Type of organization (corporation, partnership, etc.): County Government
2. Operation name (pit, mine or site name): Peters 313 Pit
3. Permitted acreage (new or existing site):
3.1 Change in acreage (+)
3.2 Total acreage in Permit area
4. Fees:
4.1 New Application
4.2 New Quarry Application
4.4 Amendment Fee
4.5 Conversion to 112 operation (set by statute)
5. Primary commoditie(s) to be mined: Sand and
Gravel
80 permitted acres
NA acres
NA acres
$2,696,00 application fee
$3,342.00 quarry application
$2,229.00 amendment fee
$2.696.00 conversion fee
5.1 Incidental commoditie(s) to be mined: 1. NA - lbs/Tons/yr 2. /
lbs/Tons/yr
3. / lbs/Tons/yr 4. / lbs/Tons/yr 5. / lbs/Tons/yr
5.2 Anticipated end use of primary commoditie(s) to be mined: road maintenance and construction
5.3 Anticipated end use of incidental commoditie(s) to be mined: NA
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2016-0070
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6. Name of owner of subsurface riehts of affected land: �Ohll L. P@t@rS
If 2 or mme owners, "refer to E�ibit O".
7. Name of owner of sarface of affected land: �Ohfl L. P2t@fS
8. Tvpe of minine ooeration: � Surface � Underground
9. Location Information: The centcr of the area where the majority of mining will occur:
courrTY: Weld
PRINCIPAL MERIDIAN (check one): � 6th (Colorado) j� lOth (New Mexico) � U[e
SECTION (writc number): S 26
TOWNSli1P (write number and check direction): T � 2 ✓a North � South
RANGE (write number and check direction): R 63 a East f r f West
QUARTER SECTION (check one): � � �,S1.., � S W
QUARTF.R/QUAR1'liR S�C'1�lON (check one): � NE � NW � SE U SW
GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation):
Located approximately five miles West of the town of Hereford, at an elevation of approximately 5280 feet.
10. Primary Mine Entrauce Location (report i� either Latitude/Longitude OR OTN�:
Latit�de/Lon itu�de:
Example: (N) 39° 44' 12.98"
(W) 104° 59' 3.87„
Latitude (N): deg min sec _ (2 decimal places)
Longitude (W): deg min sec _ (2 decimal places)
OR
Example: (N) 39.73691 °
(W) -104.9R449°
Laatude (I� 4� 979960 �5 decimal places)
Longitude(W) -104 409158 (5 decimal places)
OR
Universa] Tranverse Mercator (UTM)
Example: 2013363 E NAD27 Zone 13
4398351.2 N
uTM natum �sp�try Nnvz�, Nnuss or wcs xa> Nad 83 Z�ne 13
Easting
Northing
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11 . Corresoondence Information:
APPI.ICANT/OPEILATOR (name, address, and phone of name to be used on permit)
Concac2�s Name: �aY �� Ti[Ie: Director of Public Works
Company Name: Weld County Public WOrkS
StreeUP.O. Box: 1111 H. Street p Q goX: 758
�;�,: Greeley
State: Colorado Zip Code: 80632
Telephone Number: ( 970 � _ 304-6496
Fax Number. � 970 � _ 304-6497
PERMITTING CONTACT (if different from applicanduperator above)
Concaces Name: Valerie Mino Title: Water Engineer
Company Name: �Neld County Public Works
Sneerm.o. Box: same as above p.O. aox:
City:
Sta[e: Zip Code:
'felephone Number: ( ) -
Fax Number: ( 1 -
INSPECTION CONTACT
Contact�s Namc: Clay Kimmi Title: Senior Engineer
Company Name: Weld COUf1ty
StreeUe.o. sox: same as above p.o. Box:
City:
State: Zip Code:
Tclephone Number: f ) -
Fax Number. ( 1 -
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency: NA
Street
City:
State: Lip Code:
Telephone Number. ( ) -
CC: STATE OR FEDERAL LANDOWNER (if any�
Agency: NA
Street:
City:
State: Zip Code:
Telephone Number: ( 1 -
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12. Primar futurc Post-minin land use check one :
Cropland(CR) Pastureland(PL) Gcneral Agriculture(GA)
�✓ Rangeland(RL) � Foreshy(FR) Wildlife Habitat(WL)
� Residential(RS) � Recreatio�(RC) IndustriaVCommercial(1C)
� Developed Water Resources(WR) � Solid Waste Disposal(Wll)
13. Primary nresent land use check one :
Cropland(CR) Pas[ureland(PI.) General Agriculture(GA)
✓ Rangeland(RL) Forestry(FR) WildliFe Habitat(WL)
Residential(RS) Recreation(RC) _ IndusWal/Commercial(IC)
Developed Water Resources(WR)
14. Method of Minin2: Briefly explain mining method (e.g. truck/shovel):
Material will be pushed into a stockpile by an excavator, loader, or dozer.
15. On Site Processine: I V I Crushing/Scrccning
13.1 Briefly explain mining method (e.g. truck/shove]):
A haul truck may be used to take material to the crusher.
List any designated chemicals or acid-producing materials to be used or stored within permil area:
NA
16. Descriotion of Amendment or Conversion:
If you are amending or converting an existing operation, providc a bricf narzative describi�g the proposed change(s).
NA
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Maos and Exhibits:
Two (2) complete, unbound application packages must bc submitted. Onc wmplete application package consists ofthe signed original
application lorm and the setofmaps a�d exhibits referenced below as Exhibits A-S and the Geotechnical StabiliTy E�ibit. Each etc}tibit
within the application must be presented as a separate section. 13egin each eachibit 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 eachibit.
With eaeh of the signed applieation t'orms, you must submit a corresponding set of the maps and ezchibits as deseribed in the following
rcf'erences to Rule 6.4, 6.5, and 1 .62(1)(b):
EXHIBITA LegalDescription
LX111BIT B Index Map
GXI-11B1T C Pre-Mini�g and Mining Plzn; Map(s) ofAffected Lands [o include the location of any recorded
easements
F,XHIBITU MiningPlan
EXHIBIT E Reclamation Plan
EXHIBIT F Reclamation Plan Map
EXHIBIT G Water Information
EXI-IIBIT H Wildlife Information
EXHIBIT I Soils Information
EXHIRIT J Vegetation Information
EXH[B1T K Climate Information
EXHIBIT L Reclamation Costs
EXHIBIT M Othcr Permits and Licenses
EXIIIl31'f N Source of Legal Righ[-To-Enler � See Subparagraph 63.7]
EXHIBIT O Owners of Record of Affec[ed Land (Surface Area) and Owners o}' Substance to be Mined, to
include holders of any recorded easements.
EXHIBIT P Municipalities Within 'I�vo Miles
EXI-IIBIT Q Proof of Mailing of Notices to County Commissioners and Soil Conscrvation District
EXHIBIT R Proof of Filing with County Clerk and Recorder
EXHIBIT S Permanent Man-Made Structures
RULE 1 .6.2( 1)(b) ADDENDUM 1 - Notice Requircments (sample cnclosed)
RULE 6.5 Geotechnical Stability Ezchibit
The instructions for preparing E�ibi[s A-S, Addendum 1, a�d Geotechnica] StabiliTy E�ibit are specified under Rule 6.4, 6.5, and
Rule 1 .6.(2)(1)(b) of the Mineral Rules and Regulations. If you have any questions on preparing thc E�ibits or content of the
information reyuired, or would like to schedule a pre-application meeting you may contact the Office at 303-866-3567.
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Resoonsibilities as a Permittee:
Upon application approval and permit issuance, [his application becomes a legally binding document. "fherefore, there are anumber of
important requircments which you, as a permittee, should fully understand. These requirements are listed below. Please read and
initial each requirement, in the space provided, to acknowledgc [ha[ you understand your obligations. lf you do not understand these
obligations then please contact this Office for a full explanation.
�a�7 �t' � 1 . Your obligation to reclaim the si[e is not limited to the amount ofthe financial warranty. You assume ]egal
� liability for all reasonable expcnses which the Board or the Oftice may mcur to reclaim the affected fands associated
with your mining operation in the event your permit is rewked and financial wattanly is forfeited;
���� 2. "fhe Board may suspend or revoke this permit, or assess a civil penalty, upon a finding [hat the permittee
��� violated the Lerms or conditio�s of this peimit, the Act, thc Mineral Rules and Regulations, or that information
� � " contained in the application or your permit misrepresent impoRant material facts;
��%�(yl 3. [f your mining and reclamation operations affect areas beyond the boundaries of an approved permit
✓�� boundary, substantia( civil pcnaltics, 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 submi[ a permit modification and obtain approval from the Board or Ofrice;
r" �I�
'/ � 5. It is your responsibility to notify the Office of any changes in your address or phone number;
�� 6. Upon permit issuance and prior [o beginning on-site mining activity, you must post a sign at [he 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 statcment that a reclamation permit for the operation has been issued by [he Colorado Mined
Land Reclamation Board; and,
c. the permit number.
�� 7. The boundarics of the permit boundary area must bc marked by monuments or other markers that are clearly
V/ visible and adequate to delineate such boundaries prior ro site disturbance.
� 8. lt is a provision of this permit that the opera[ions will be conducted in accordance with the terms and
conditions listed in your application, as well as with the provisions oftheAc[ and the Mineral Rules and Regulations
in cYfcct at the time [he permit is issued.
D'5`-NIIJ�' 9. Annually, on the anniversary date ofpermit issuance, you must submit an annual fee ($633), 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 or Environmental
Protection Plans to be submitted annually on the anniversary date ofthe pernut 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 pernut anniversary date may result in a civil penalty, revocation of your pernut, and forfeiture of
your financial warranty. It is your responsibility, as an operator, to continue to pay your annual fee to the
Office until the Board releases you from your total reclamation responsibility.
f"�� 10. For�oint venture/partnershiQoperators: thc signing representative is authorized to sign this document and a
, � power of attomey (provided by the part�er(s)) authorizing the signature of the representative is �ttached to this
application.
- � -
NOTE TO COMMENTORS/OBJECTORS:
it is likely there will be additions, changes, and deletions to ihis document prior to final decision 6y the Office. Therefore, if you have
any commen[s or concems 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 wnsider wmments, unless they aze written, and received prior ro [he end of the public comment period.
You should contnct the applicant for the final date of the public comment period.
Ifyou have questions aboutthe Mined Land Reclamation Board and Office review and decision or appeals process, you may contact the
Office at (303) 866-3567.
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CertiScatioo:
As an authorized representative ofthe applicant, I hereby certify that the operation described has met the minimum requirements ofthe
following terms and wnditions:
1 . This mining operation will not adversely affect the stabiliTy o£any significant, valuable and permanent man-n�ade
structure(s) located within two hundred (200) feet of[he affected lands. (However, where there is an agreement betwcen thc
applicant/operator and the persons having an interest in the structure that damage to the structure is to be compensated for by
the applicant/operator (Section 34-32-115(4)(d), C.R.S. 1984, as amended), then mining may occur within 200 feet. Proof of
an agreement must be submitted lu the Office prior to the decision date.)
2. No mining operation wil l be Iocated on la.nds where such operations are prohibited by law (Section 34-32-115(4)(�,
C.R.S. 1984, as amended);
3. As the applicant/operator, i do not have any mining/prospecting operations in this s[ate of Colorado currently in
viola[ion of the provisions ofthe Mined Land Reclamation Act (Section 3432-120, C.R.S. 1984, ¢s amended) as determined
through a Board finding.
4. I understand that sTatements in the application are being made under penalty ofperjury and that false statements made
herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S 1984, as amended.
Thrs form has been approved by 1he Mined Land Rec[amation Boa�d pursuant to section 34-32-112,C.R.S., of the Mined Land
Reclamafion Act Any a[teratlon or modafacution of this form shall resul[ in vniding any permit issued on the altered ar modifeed
form and subjecl 1he operafor to cenae and desisi arders and civi[ pena[ties for nperating withoul a permit pursuanl to
sec8on 34-32-123, C.RS.
Si ned and dated [his k
g ��f � day of �)G�4u.r . ,2 0 f �
Weld County Public Works
� Corporation Attest (Seal)
ApplicanUOperator or Company Name .,�S� ��
--\ V
Signed: � -<.� 'I n,'C`�j 1861 � �1 '� ' ' � —
� � orate Sccretary i Equivalent
� � � "I'own/City/Counly Clerk
T;tl�: Director of Public Works �Q� � � '
� _ - �
State of �S7 �C� ( 2 Gl )
�� �� ) ss.
County of )
.� /
The foregoing instrument was acknowledged before me this ��� day of � � 6 '71:/,i ., . 2a.�55�
bY �-u., �Ic. �G4vicZ�� as �irP �-�l9Z_. of I�w 6);� �t9� ,�' S
;l
ti � � / / �
iv� � !f.,�,'�,,�J
otaq Publ c
My L`ommission expires: � �/ � i
SIGNATUR�S MUST BE IlV BLUE IIVK
JACAUEIINE HERNANDEZ•BARR0W
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20134051237
W COMWSSION FJ(PIRESAUGUST 72,11117
CERTIFICATION
The Applicant, Weld County Public Works (print applicant/company name),
�y J8y MCDOnald (print representative's name), as Director of Public Works (print
representative's title), does hereby certify that .1ohn Petet'S (structure owner) shall
be compensated for any damage from the proposed mining operation to the above listed structure(s)
located on or within 200 feet of the proposed affected area described within Ezchibit A, of the Reclamation
Permit Application for Peters 313 Pit (operation name),
File Number M-_ -_
This farm has been approved by the Co[orado Mined Land Reclamation Board pursuant to its
authority urader the Colarado Land Reclamation Act for the Extraction of Construction Materials and
the Co[orado Mined Lund Reclamation Act for Hard Rock, Metal, and Designated Mining Operations.
Any alteration or mndifieation to this form shall result in voiding ihis forrrr.
NOTARY FOR PERMIT APPLICANT
ACKNOWLEGED BY: >
Applicant ���L'�� �rn c, �� . � �
� Representative Name �, Iti��-v �c�-[�<
Date � � ' � g ' � S Title � i✓`2 G� l' � G� / '�� � �� C �� r {�s'
STATE OF � �0 � )
� f I ) ss.
COUNTY OF w 2. 'i�l )
The foregoing was acknowledged before me this Z� day of (��'� , 20� by
L, t��, McD��, . �/ d as D: rPcra � of pvb G`� Wo �/c S
, �
� ` .2l,vi .., �i � -�iy Commission Expires: /Z. / 7
ota Pu lic �
�`
JACQUEI�I NE�HERNANDEZ-BARR0W
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 2013W512S7
W CAI�U3,410N IXPIRES�UC,UST 12, 7D11
List of Exhibits
Exhibit A Legal Description
Exhibit B Index Map
Exhibit C Pre-Mining and Mining Plan Maps
Exhibit D Mining Plan
Exhibit E Reclamation Plan
Exhibit F Reclamation Plan Map
Exhibit G Water Information
Exhibit H Wildlife Information
Exhibit I Soils Information
Exhibitl Vegetationlnformation
Exhibit K Climate Information
Exhibit L Reclamation Costs
Exhibit M Other Permits and Licenses
Exhibit N Source of Legal Right-to-Enter
Exhibit 0 Owners of Record of Affected Land (surface) and Owners of Substance to be
mined
Exhibit P Municipalities within Two Miles
Exhibit Q Proof of Mailing of Notices to the County Commissioners and Soil Conservation
District
Exhibit R Proof of Filing with the County Clerk and Recorder
Exhibit S Permanent Man-Made Structures
Exhibit A
Legal Property Description
The proposed Peters 313 Pit consists of approxi�nately S0 acres, located in the South half of the
Southwest quarter (S '/z of SW '/o), of Section 26, Township 12 I�'orth, Range 63 West, of the 6rh
P. M, Weld County, Colorado.
The proposed primary entrance location will be located ou Counry Road 136. 5 at
Latitude (N) : 40 deg 58 min 47.75 sec, Long�itude (W) : - ] 04 min 24 min 33 .29 sec
There is no street address for this property.
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November 6, 2015
Exhibit B - Index Map ��_�°°� =�
Peters 313 Pit DRMS Permit � , � ^ �
Exhibit C
Pre-mining and Mining Plan Maps
1
\ ' -` ` �-�-� 26�$ f`d
All __ - - - � - - _
-� �
surrounding I � � . � �� , , � ����� ��. � � �� �� r �� � �
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land owned , e;�. �� � ; A ,� . r� � �� ,. , �,� ,� �
b�/ � "'' r , �_ �'� � ;:�' �'��,j���d�," "�"��l,ti . ��� �� r � � �
John Peters � � : • ' ,� .� � `�", S` . � � '� `
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. MinableArea: 75acres �uo i , i ,wvnncoom.vr�wr.r � �
P�E No. 40�38 �� � qazwrrsoarun�nrvrrrs rimra
� � ti��� Exhibit 1 Pre - mining Map �xP�� =�� �A �� P� ��� as.�.�i�
� e J. Current Land Use: Rangeland ��MP�ereN�ss. <„cua.woa
Prepared 6y: Valerie Mino �O � ti i y r�aae�ruE,soF ,ucnaaooucrnca Easements
ACGEPTS ANY LIi�BILITYqRI5ING FROM +
SeP,embe, ZZ, zo, s Peters 313 Pit DRMS Permit Allatljoininglantlisownedby �N� NcoeAecriNcoiaa�ereoa � Sections
JohnPelers "^uEqEEi°�"� '"Foamn*ioNcomrnweo
Crusher, screens,
stackers and material
stockpiles will be Entrance �" , � C , Fence to be contructed by Weld County
moved as needed, � ' � -�'� � ZVQ$ ���G s
with a preference for . � -�� , , ' ._�
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aeatea onneune xm uses rompry .i�n apV���e;e
PE. No. 40�39 � � � � � � � �� _ � � � � � ry � � � � � � y� Minable Area: 75 acres s�a�ea.io�i �aw wri n�om,v r,wr.rs �o NRCS Contours
�� wnaw.rvriesoaeunrrnrv*rrs riTrvea
exvaEssro ore iMauro,ns*o Tnr
Prepared 6y: Valerie Mlno �.� Deplh of Mining: Approximately 15 ft coaaec.NEssoF sucnAaaoouc. noa —
Peters 313 Pit DRMS Permit TopsoilDepth: lesslhan72inches nccePrsnNv�uenirvnaisNeFeoM
November 6, 2015 No overburden to be removed A�r �NcoeaecnNcoma�e,e oa Easements
Resource: Sand and Gravel ,HEaEi°1NG1NFORia+*ioNcoNrniNEo
Exhibit D
Peters 313 Site Mining Plan
a) Minin� Methods
The area will be stripped so that the crushing and screen plants can be set up on the
northwestern portion of the permitted area . It is anticipated that mining will be done
using excavators, front end loaders, dozers, scrapers, and haul trucks .
Weld County Road 136.5 extends east-west along the north edge of the Peters 313 site
(see Exhibit C2). An access road will be constructed from Weld County Road 136.5 to the
Peters 313 site. Gravel excavation and processing areas will be accessed from that road .
Any trash generated will be collected in an on-site dumpster and disposed of at the
County landfill . No chemicals are anticipated to be utilized at the site.
b) Earth Moving
Excavation and stockpiling volumes are anticipated to be approximately 100,000 tons per
year. The excavation of gravel and sand reserves is estimated to take 5 years or less.
Approximately 20 to 25 acres ( 15 acres for stockpiling and processing and 5 to 10 acres
for mining) will be disturbed during the initial phase of the mining operation.
MSHA approved open excavation and fall protection safety measures including fencing
and berms will be installed as needed . During, and following mining, the side slopes of
the pit will be graded for stability and will be re-vegetated as needed to meet the
reclamation plan .
There is typically less than twelve inches of topsoil at the Peters 313 site. Topsoil will be
stockpiled around the perimeter of the permit area as shown on the mine plan map (see
Exhibit C2) . The topsoil piles will be seeded to prevent erosion and loss of soil .
c) Water Diversions and Impoundments
The Peters 313 property is tributary to Porter Creek which is an intermittent stream that
is typically dry most months of the year. Berms will be constructed around the perimeter
of the permit area to retain onsite surface water runoff. Additionally, the pit floor will be
sloped back into the pit in order to minimize the amount of water running down the
unmined slopes located below the mining operation .
There are no irrigation structures or surface water impoundments existing or planned at
the site. Water needs for gravel mining and processing operations are expected to be
minimal . Waterfor dust control can be obtained and hauled from existing County-owned
wells that have been decreed for dust control and industrial uses. Water used in mining
and crushing operations and for dust control is estimated to not exceed 4,000 gallons per
month during operations .
It is anticipated that sand and gravel excavation, crushing, and stockpiling at the site will
not disturb surface water or ground water quality. Erosion control measures ( Best
Management Practices) will be installed along the perimeter of disturbed areas . A
Colorado Department of Public Health and Environment Stormwater Construction Permit
will be obtained prior to the start of mining operations.
Previous test pitting performed by others at the Peters 313 site shows the water table is
located more than 15 feet below the surface; therefore, it is anticipated that no
groundwater will be encountered at the site. Weld County will ensure the pit excavation
will not expose groundwater in the event that mining exceeds 15 feet by staying a
minimum of two feet above groundwater. According to information obtained from the
Colorado Division of Water Resources GIS files, the Peters 313 site is not located within a
designated groundwater basin .
d ) Work Area Size
Minimal stockpiling of overburden is anticipated . Mined soils unsuitable for construction
use will be separated from the mined gravels and may be stockpiled at the site. These
soil stockpiles will be utilized for excavation backfill and site reclamation . The active
mining work area at any time will be approximately 5 to 10 acres in size. The active
crushing work area at any time will be approximately 10 to 15 acres in size.
e) Operation Time Table
It is anticipated that sand and gravel excavation, processing ( rock crushing and screening),
and stockpiling at the Peters 313 site will commence upon receipt of approval from the
Colorado Division of Mining and Geology, and receipt of other necessary permits.
Mining will start on the northwest portion of the permitted area and progress to the
southeast.
Gravel excavation and processing will be seasonal with stockpiling of gravel for future
uses depending upon local road repair and construction needs. The material in stockpiles
may be hauled out of the site at any time. The Peters site should not be considered an
intermittent operation .
f) Mined and Unmined Stratum on the Site
Alluvial material will be mined to bedrock. The estimated thickness of gravel-bearing
zones varies from 0 to 20 feet thick. No high wall mining is anticipated .
The sand and gravel deposits to be mined are stream channel deposits associated with
Porter Creek, an ephemeral stream that flows from Wyoming into Colorado and
eventually joins Crow Creek. Therefore, the thickness of overburden to be removed
during gravel extraction is expected to be minimal .
g) Commodities to be Extracted
Sand and gravel are the primary commodities that will be extracted at the Peters 313 site.
The enclosed mine plan map ( Exhibit C2) shows the proposed locations for the haul road,
gravel processing (crusher) location, and soil and gravel product stockpile areas.
A mobile rock crusher and screen plant will be installed in the crusher location shown on
the enclosed mine plan map ( Exhibit C2) during intermittent crushing operations. It is
anticipated the crusher and other equipment will be located on the site for 6 to 12 months
at a time. Once approximately 100,000 tons of material have been crushed, the crusher
and other equipment will be moved to other County-operated gravel processing sites.
The County will haul material from the stockpiles for its construction and roadbuilding
activities. Once the stockpiles are depleted, the County will move the crusher back into
the site and start the cycle over again .
No secondary commodities are anticipated to be extracted or produced at the Peters 313
site, and no asphalt plants or concrete batch plants will be utilized .
h ) Intended Use of Extracted Products
Gravel and sand extracted from the site will be utilized by Weld County Public Works
Department for repair and maintenance of local County roads and other County
construction projects . Soils and mined materials unsuitable for road construction may be
stockpiled at the site. These soil stockpiles may be used for excavation backfill and site
reclamation on County-operated projects. The sale of commercial gravel or sand is not
anticipated .
i) Explosive Use
Explosives will not be used at this site.
Exhibit E
Peters 313 Site Reclamation Plan
Post-mining Land Use : The post-mining land use will be rangeland . The land included in this
permit is owned by Mr. Peters, and the pre-mining land use was rangeland . The permit area is
surrounded by rangeland also owned by Mr. Peters.
Resradina :
Reclaimed areas will be stabilized by concurrent regrading on areas of the site where excavation
has been completed . Reclaimed slopes will be graded at a maximum of three to one (3 : 1)
horizontaltoverticalinapatternsimilartothepre-miningslopes. Thefinalpitfloorconfiguration
will be graded so that any storm water will be directed along its historical flow path . See Exhibit
F. The mining area access road will be removed unless the property owner requests otherwise.
Seeding:
Disturbed areas will be reclaimed with a native grass mixture . The proposed seed mix for the
disturbed areas is as follows :
Buffalo grass (Texoka, Sharps Improved) 2.5 Ibs . / acre
Little Bluestem 1.5 Ibs./acre
Sideoats grama (Vaughn, Butte, Niner, EI Reno, Haskell) 2 Ibs. / acre
Blue Grama ( Hachital, Lovington ) 3 Ibs./acre
Western wheatgrass (Arriba, Barton, Rosana) 3 Ibs. / acre
Switchgrass (Grenville, Nebraska 28, Blackwell, Pathfinder) 2 Ibs. / acre
Sand dropseed 0.25 Ibs. / acre
Tota I : 14.5 I bs./a c re
Seeding of the disturbed areas will be completed between December 1 and May 1 . The area will
be monitored until 706 of the original ground cover level is achieved .
Depending on ambient conditions, the application method for those areas being seeded may be
hand broadcast, hydro-seeded, or drilled and crimped . Mulch application at the rate of 2 tons/ac
may be concurrent with seeding. Mulch may include hay, straw and tackifer. All hay or straw
mulch shall be certified noxious weed free grass hay or crop straw. At least 70b of the mulch by
weight shall be 10 inches or more in length . Mulch shall not contain any noxious weeds, mold,
must, cake, or decay. Straw mulch shall not contain excessive viable grain (wheat, barley, or oat
seed . )
Weed Control : Weed Control : Noxious weeds on the site will be controlled by Weld County.
Noxious weeds are Canada thistle, field bindweed, Dalmatian toadflax and diffuse knapweed .
i. Canada thistle will be sprayed with Milestone at 7 oz/ac or Tordon 22K at 32 oz/ac when
the plant is 6 to 10 inches tall up to the bud stage and/or in the fall as needed .
ii. Field bindweed will be sprayed with Perspective at 5 oz/ac or Tordon 22K and 2,4D each
at 32 oz/ac when the plant is in the flower stage and/or in the fall as needed .
iii. Dalmatian toadflax will be sprayed with Tordon at 32 oz/ac and Telar at 2 oz/ac in the
early flower stage and/or in the fall as needed .
iv. Diffuse knapweed will be sprayed with Milestone at 7 oz/acre or Tordon 22 K and 2,4-D each at
32 oz /ac when the plant is in the rosette to early bolting stage.
iv. If needed, one or two mowing treatments per year may be utilized to help suppress other
vegetation that may compete with grass establishment in the disturbed areas outside of
the areas that are returned to cropland .
v. The property will be monitored once a month from May through October, providing
adequate time to implement the spraying program as described above.
Fertilizers: No fertilizers will be used .
Trees and Shrubs : No trees, shrubs, or forbs will be planted .
Topsoil Replacement: Topsoil will be stockpiled around the perimeter of the permit area, as
shown on the mine plan map (see Exhibit C2) . Piles will be seeded to prevent erosion and loss of
soil . Topsoil will be replaced in a thicknesses equal to or exceeding ( minimum 4 inches) the
original topsoil depths found at the site.
Reclamation, backfill, and seeding estimated costs : Under $60,000.
, ;,
Haul road removed
/ by Weld County.
All land will be �
reclaimed as �� E Fence to be removed by Weld County
rangeland ___�,- �_. �
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Engineer Statement � -
I, Claylon Kimmi, a pmfessional Engineerlicensetl � ` � • ��^ ' / � " � � � \ , ` ` - � ' � , -r ��' '
in the state oi Cobrado, do hereby stale tFat [M1ls � Proposed Access Roatl
map was preparetl by me, or by someone untler oisc��imerc�. � Roatls
mytlirectsupervisioqinaccortlancewlih �he 0 62.5 125 250Fee� meciaaa�nase��mmomm�svroe�uu
provleionedefinetlbytheDlvlslono( Reclama[ian, I i i i I i i i I s�eiewm�o�smma�a�aFa�emeoW�w ReclaimedArea
Minin and5afet . ThiestatemenNsnole a�o�mpieia�oss���mea�ei�.mp�o��ieaa. �
9 Y TneCeclgreuono�o�btcV�r.e�earlQra �iva5F. lne
gua2nryorwananty, eiMerexpressedirimplied- MinePermitArea: 80aere5 ae�eoaa0ooas ,onmFlwme��naiouo.pa�isware � P�oposetlLeaseArea
aeated onnet ine ✓aM uses rompry wl�n appllw019
Exhibit F Reclamation Map ReclaimedArea: 75acres s��e�.io�aiiawwnncoom,vmAxrs �o NRCSContours
PE No. 40139 $10{IC6: 4:7 O! IC65 wAaw.rvrirsoaeunrrnrvtrrs riTrvra
exvaEssro ore iMauro,ns*o Tnr
COMPLETENE55,PCCURACY OP
Prepared 6y: Valerie Mino coaFec.NessoFsucnaaoouc* moa —
Peters 313 Pit DRMS Permit EstlmatedTopsoilDepth: nccePrsnNv�uenirvnaisNeFeoM
Novembef6, 2015 6to72inChe6 nrvriNcoeaecnNcoma�ereoa Eesements
mis�EnoiHc wFORia+*ioN coNrniNEo
Reclaimed Land Use: Rangeland rHeaein
Exhibit G
Peters 313 Site Water Information
1) The Peters 313 mining operation is not expected to directly affect surface or groundwater
systems.
2) The Peters 313 property is located about half of a mile to the northeast of Porter Creek;
an intermittent stream that is typically dry most months of the year. Berms will be
constructed around the perimeter of the permit area to retain onsite surface water
runoff. Erosion control measures (Best Management Practices) will be installed along the
perimeter of disturbed areas . A Colorado Department of Public Health and Environment
Stormwater Construction Permit will be obtained prior to the start of mining operations.
Previous test pitting performed by others at the Peters site showed no indication of water
above a depth of 15 feet below the surface; therefore, it is anticipated that no
groundwater will be encountered at the site. Weld County will ensure the pit excavation
will not expose groundwater in the event that mining exceeds 15 feet by staying a
minimum of two feet above groundwater. According to information obtained from the
Colorado Division of Water Resources 615 files, the Peters 313 site is not located within a
designated groundwater basin .
3) Water needs for gravel mining and processing operations are expected to be minimal .
Water used in mining and crushing operations and for dust control is estimated to not
exceed 4000 gallons per month during operations.
4) Water for dust control purposes will be hauled from one of the County's water wells that
are decreed for dust control and industrial purposes.
5) A National Pollutant Discharge Elimination System (NPDES) permitfrom the Water Quality
Control Division at the Colorado Department of Health will not be necessary on this site
because no water from the site will be discharged directly to surface waters .
Exhibit H
Peters 313 Site Wildlife Information
The Division of Wildlife was contacted on October 20, 2015. Their comments and
recommendations are included .
Significant wildlife resources : This area serves as nesting ground for various species of
migratory ground nesting birds in the spring and early summer months. Initial ground breaking
in the area will commence at a time when nesting is not occurring ( before April if possible). If
the initial ground breaking should be projected to start near these times, the division of wildlife
is able to complete a nest survey of the area to make sure no nests will be disturbed .
Wildlife Species in the Area :
Pronghorn Antelope
Horned Larks
Golden Eagle
Mountain Ptovers
Endan�ered/Critical Species :
None
Critical Habitats impacted :
None
Weed Control : Noxious weeds on the site will be controlled by Weld County. Noxious weeds are
Canada thistle, field bindweed, Dalmatian toadflax and diffuse knapweed .
i. Canada thistle will be sprayed with Milestone at 7 oz/ac or Tordon 22K at 32 oz/ac when
the plant is 6 to 10 inches tall up to the bud stage and/or in the fall as needed .
ii. Field bindweed will be sprayed with Perspective at 5 oz/ac or Tordon 22K and 2,4D each
at 32 oz/ac when the plant is in the flower stage and/or in the fall as needed .
iii. Dalmatian toadflax will be sprayed with Tordon at 32 oz/ac and Telar at 2 oz/ac in the
early flower stage and/or in the fall as needed .
iv. Diffuse knapweed will be sprayed with Milestone at 7 oz/acre or Tordon 22 K and 2,4-D each at
32 oz /ac when the plant is in the rosette to early bolting stage.
iv. If needed, one or two mowing treatments per year may be utilized to help suppress other
vegetation that may compete with grass establishment in the disturbed areas outside of
the areas that are returned to cropland.
v. The property will be monitored once a month from May through October, providing
adequate time to implement the spraying program as described above.
Reclamation :
Disturbed areas will be reclaimed with a native grass mixture. The proposed seed mix for the
disturbed areas is as follows :
Buffalo grass (Texoka, Sharps Improved) 2.5 Ibs . / acre
Little Bluestem 1 . 5 Ibs./acre
Sideoats grama (Vaughn, Butte, Niner, EI Reno, Haskell) 2 Ibs. / acre
Blue Grama ( Hachital, Lovington) 3 Ibs./acre
Western wheatgrass (Arriba, Barton, Rosana) 3 Ibs. / acre
Switchgrass (Grenville, Nebraska 28, Blackwell, Pathfinder) 2 Ibs. / acre
Sand dropseed 0.25 Ibs. / acre
Tota I : 14.5 I bs./a c re
Seeding of the disturbed areas will be completed between December 1 and May 1 . The area will
be monitored until 70b of the original ground cover level is achieved .
Depending on ambient conditions, the application method for those areas being seeded may be
hand broadcast, hydro-seeded, or drilled and crimped . Mulch application at the rate of 2 tons/ac
may be concurrent with seeding. Mulch may include hay, straw and tackifer. All hay or straw
mulch shall be certified noxious weed free grass hay or crop straw. At least 70b of the mulch by
weight shall be 10 inches or more in length . Mulch shall not contain any noxious weeds, mold,
must, cake, or decay. Straw mulch shall not contain excessive viable grain (wheat, barley, or oat
seed . )
Exhibit I
Peters 313 Soil Information
Soils at the Peters 313 site are described on Sheets 13 and 36 in the Soil Survey of Weld County,
Colorado — Northern Part published in 1981 by the Soil Conservation Service.
Soils at the site include gravelly, and sandy loamy alluviums (Ardidic Calciustolls and Aridic Argiustolls)
associated with the terraces of Porter Creek. These areas are shown on Exhibit C2, and on the map on
the following page.
The site contains approximately 20 acres of Ascalon fine sandy loam (unit 4) and 60 acres of Peetz
gravelly sandy loam (unit 51).
The 1981 soil survey identifies the areas of Peetz gravelly sandy loam as a deep, somewhat excessively
drained soil . The surface layer (topsoil ) is greyish brown gravelly sandy loam 4 inches thick, and the
lower part is brown very gravelly loamy sand 4 inches thick. The underlying material, to a depth of 60
inches or more, is calcareous very gravelly sand. Most areas of this unit are used as rangeland . A few
areas are used as a source of gravel .
The description given for Ascalon fine sandy loam describes a deep, well-drained soil, with a fine sandy
loam surface layer 8 inches thick�topsoil) . Substratum to a depth of 60 inches or more is calcareous
sandy loam. This unit is used as non-irrigated cropland and rangeland.
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Exhibit J
Peters 313 Vegetation Information
The Weld County Weeds department identified the following vegetation in the area :
Marestail
Hairy Golden Aster
Grama, blue
Sand Dropseed
Native Thistle, Platte
Sunflower
Ragweed
Russian Thistle
Prickly Poppy
Switchgrass
Tumble Mustard
Cheatgrass
Fescue
Exhibit K
Peters 313 Climate Information
The climate at the Peters 313 site is classified as semi-arid . Summers are characterized by daily high
temperatures of over 90 degrees Fahrenheit dropping to 50 degrees Fahrenheit at night. Winters are
characterized by daytime temperatures near 32 degrees Fahrenheit with nighttime temperatures
dropping to 10 to 20 degrees Fahrenheit. Annual precipitation is approximately 12 to 14 inches, with
summer precipitation coming from localized convection cell thunderstorms. Winter precipitation comes
in the form of snow and rain.
Exhibit L
Peters 313 Reclamation Costs
See the attached mine reclamation map ( Exhibit F) showing the proposed gradient of all disturbed
slopes and the location of revegetation areas. It is anticipated that no ponds will be constructed or
remain on site. The average thickness of overburden is minimal; however, overburden and excavated
soil materials unsuitable for road construction will be use to backfill excavated areas and for site re-
grading to stable slopes. Stockpiled topsoil will be placed on re-graded areas prior to re-seeding with
approved plant type seed mixes. Final site reclamation costs include the cost of native dry land grass
seed and mulch application.
The mining plan includes concurrent regrading of mined areas. It is anticipated that final grading and
placement of topsoil from on-site stockpiles, followed by re-seeding, will cost less than $60,000.
No financial warranty is required because Weld County is a County entity. A written guarantee will be
provided stating that the affected lands will be reclaimed in accordance with the terms of the permit.
Exhibit M
Peters 313 Other Permits and Licenses
Other permits required for the Peters 313 operation :
1. The proposed Peters 313 Pit Gravel Pit operation will comply with Weld County zoning
regulations.
a . Use by Special Review (USR) permit — approved by the Weld County Board of
County Commissioners
2. Permits will be applied for from the Colorado Department of Public Health and
Environment (CDPHE)
a . CDPHE — Water Quality Control Division (WQCD) for a storm water discharge
permit
b. Air Pollution Control Division (APCD) for air pollution emission notice (APEN )
permit
When this application is complete, letters of notification will been sent to the National Resources
Conservation Service (NRCS), Colorado Department of Wildlife (DOW) and the Colorado State Historical
Society.
Exhibit N
Peters 313 Source of Legal Right to Enter
Weld County has entered into a long term lease agreement with the owner of the Peters 313 property,
John L. Peters. Please see the attached Right to Enter form.
R[GHT TO ENTGR AGREEMENT
TO OBTAIN SOIL AND/OR GRAVEL
FOR ROAD PURPOSES
THIS AGREEMEN`f is made and entered into this �7 d�y oflQ�L4 2015 , by, and
betwccn the Board of County Commissiuners of' the County of Weld, State of Colorado, 1150 "O"
Street, Greeley, Colorado 80631 , (hereinafter referred to as "County"), and John L. Peters, P.O.
Box 37, Hereford, CO 8073?, (hereinafter referred to as "Owner")
WITTlESSETH:
W'HEREAS, Owner is in possession of certain property located in:
SW Quarter of Section 26, Township l2 North, Range h3 West of the 6°i P.M.,
(hereinafter referred to as "Owner' s Property"), and
WHEREAS, County intends to engage in one or more road improvements project(s) within
Weld Counry, (hereinafter referred to as the '"Project") and is in need of sand, soil, and/or gravel
in order to complete said Project, and
WHEREAS, Owner' s Property contains sand, soil and/or gravel which County deems
appropriate for use in the Project and which Owner desires to sell to Counry, and
WHEREAS, Owner and County desire to ent�r into a Lease Agreement to permi[ County
to en[er onto a designated portion of Uwner's Property (hereinafter referred to as the "Leasecl
Area") for the purpose of extracting soil/gravel.
NOW, THERhh'ORE, in consideration of the mutual promises and covenants contained
herein, County and Owner agree as follows:
I . Pronertv Descriution: Owners Property, which is subiect to the terms of this
Agreement, is the real property described and shown in attached, F,xhibit '`A," which
consists of a legal description and maps. The Leased Area to be mined for grave] is
depicted in the attached Exhibit "B" by a diagram (Exhibits A and B are attached
hereto and made a par[ hereof by this reference.
2. Term of Aereement: The Term of this Agrcement shall begin on the date oF
approval of the Section I l ?c Permit from the Colorado Division of Reclamation,
Mining and Safety (hereinaftcr "DRVIS") tor the mining of Owner's Property, and
shall continue unti] and through thc date of tinal release of the permit by DRMS,
except that this Agreement shall be enfnrceable upon execution. Each parry agrees to
a lease period of five, 1 -year periods. Afrer the initial 5-yeaz lease period, Owner will
have the option of extending the lease with additional I -year periods to be added
automatically until mining is complete. If' the Owner does not wish to extend the
lease, Weld County will cummence with reclamation activities. Should the Owner
want to keep the pi[ open but not lease it to Weld County, the County will transfer the
Page 1 oF5
permit [o the Owner. (Jwner will be responsible lor posting the reclamation bonds
required by DRMS. i'he parties specifically acknowledge that a temporary or
permanent cessation of mining activities dpes not [ermina[e [he Agreement; the
Agreement extends to the DRMS release af the permit.
3. Rovaltv Pavments: During the first tive I -year periods, County shall pay to Owner a
royalty of scventy-five cents ($0. 7�) per ton for al] soil/gravel material removed from
the Leased Area described in Yaragraph l above. Said royalty payment shall be made
on or before the last day of the munth following the month atter which the soil, sand
and/or gravel is removed. A£ter the firs[ five, 1 -year periods and every five, 1 -year
periods aftcr that, Owner may rencgotiate the royalty amount with County. Owner
shall provide 30 days written notice to County that he would like to renegotiate the
royalty payment rate.
�. Owner's Oblieations: Ownzr agrees to the following terms and conditions:
a. Owner grants to County the exclusivc right to enter access and/or use the Leased
Ar�a throughout the 1"erm o f this Agreement for all purposes related to the removal,
processing and crushing of soil, sand and/or gravel and to conduct reclamation
activities following [he cessation of mining activities.
b. Uwner grants to County thc right to bring equipment onto the Leased Area which
is deemed necessary by Counn� tu remove tKe soil, sand and/or gravel and to crush
said gravel as required by County for its Project(s), and also to comple[e its
reclamation activities after mining activities have ceased.
a Ocvner shall provide land for a haul route from a public road directly to the Leased
Area. The haul route is depicted un Exhibit B and has been accepted by both
parties.
d. Owner shall not engage in any activity on or related to the Leased Area throughout
the Term of the Agreement which interferes with County's mining activities, with
its etfoRs to secure a mining permit, or with its eff'orts to reclaim the property
following [he cessation of mining activities without the express written consent of
County.
e. Owner shall cooperate with County in its efforts to secure all required mining
permits, and agrees to execute any documents required to be executed by the Owner
of the mined property in relation to said permits. Any expenses associated with the
permittin�; process shal] be paid by County.
E Owner shall provide his social security number or tax identification number to the
Weld Coun[y Controller, and C;ounry will annually issue to Owner an [RS [ax form
f 099 to report the royalties paid and/or taken in kind pursuant to the terms of this
Agreement.
5. Countv's Oblieations: Count�� agrees to the tollowing terms and conditions:
a. Counry shall construct and maintain the haul route described in Paragraph 4.c.
above, in goUd condition, and shall remove said haul route and restore it ro its
original condition upon the terminution of this Agreement if requested to do so by
Uwner.
b. County shall maintain accurate records of all soil, sand and/or gravel removed &om
die propeity desciiiied in i'xragrapn i above, and snaii make said records availabie
Page 2 of 5
to Owner F'or inspection in its otlices located at I 1 l I H Street, Greeley, Colorado,
during normal business hours, Monday through Friday, except during holidays
recognized by Weld County. F.ach royalty payment made to Owner shall be
accompanied by a statement oY the amount oF gravel mined by County since the
close of the previous mining period tor which the previous royalty payment was
made.
c. County shall be responsible For o6taining all necessary State, County and Federal
permits, which shal] not include permits for asphalt and/or concrete batch plants.
County shall pay [he entire cost of necessary surveying for the mining operation.
County shall consult with Owner during the permitting process and shall exercise
due diligence in obtaining all required permits in a timely fashion. County shall
conduct the mining and extraction activities in compliance with the terms of each
permit, speciFcally including the permit issued by the Colorado Division of
Reclamation, Mining and Safety.
d. County shall be responsible for the construction and maintenance of any
improvements required by the terms of the permit. Following cessation of its
miningactivities, County shall remove the improvements, unless Owner reyuests
that such improvements remain. [f County constructs a temporary entrance/exit on
th� leased area, said tempc�rary entrance/exit may be left intact for Owner's use only
if an aceess permit can he issued to Owner consistent with Weld County policy
concerni�g such permits.
e. Counry shall notify Owner thirty (30) days prior to the commencemen[ of mining
activities.
f County shall notify Owner thirty (30) days prior to the cessation of mining
activities. "Che term oF this Agreement, however, will extend to Ihe date of the
release of [he permit by the Colorado Division of Redama[ion, Mining and Safety.
6. Notices: All notices of Termination or other demands by Owner or by County shall be
made in writing and sent by Certified Vtail, Return Receipt, or by E-mail, with a
Confirmation of Keceipt, as follows:
OWNER: .lohn I,. Peters
ADURESS : P.O. Box 37,
Hereford, CO 80732
COUN'l'Y: !ay McDonald, Director of Public Works
ADDR� SS : P.O. Box 758
Greelcy, Colorado 8063?
EMAIL: imcdonal�,co.weld.co.us
7. Non-AasiQnment: This Agreement shall not be assigned by either party without the
express written consent of the other paMy. Such consent shall not be unreasonably
withhcld.
Pa�e 3 oF5
8. Recitals: Fach oP the Recitals set forth in the introductiun of this Agreement fortns a
part of this Agreemcnt and is expressly incorporated into this Agreement of the parties.
9. Apnroval bv the Board of Cauntv Commissioners of Weld Countr T'his
Agreement shall not be valid until it has been first approved by the Board of County
Commissioners of Weld County, Coloradu or its designee.
10. Covernmental Iromunitv: No term or condition of this contract shall be construed or
interpreted as a waiver, express or implied, o#' any of the immunities, rights, benefits,
protections or other provisions, of the Colorado Govemmental [mmunity Act § §24- 10-
l01 et seq., as applicable now or hereatter amended.
ll. No Third Partv Beueficiary Enforcement: It is expressly understood and agreed that
the cnforcement of the terms and conditions of this Agreement, and all rights of action
relating to such enforcement, shall be strictly reserved to the undersigned parties and
nothing in this Aereement shall gtve or allow any claim or right of action whatsoever
by any other person not included in this Agreement. It is the express intention of the
undersi�ned parties that any entity other than the undersigned parties receiving services
or benefits under this Agreement shall be an incidental beneficiary only.
12. Entire AQreement/Modifications: This Agreement contains the entire agreement
between the parties hereto and supersedes any other agreements conceming the subject
matter addressed in this Agreement. No modifications, amendments, notations,
renewals or other alteration of or to this Agreement shall be deemed valid or of any
force or effect whatsoever, untess mutually agreed upon in writing by the parties to this
Agreement. This Agreement may be changed or supplemented only by a written
instrument signed by both parties.
13. Acceotance not Waiver: No breach of any term, provision or clause of this Agreement
shall be deemed waived or excused, unless a waiver or consent shall be made in writing
and signed by the party claimed to have waived or consented to the breach. My consent
by any paRy hereto, or waiver of a breach by the other party, whether express or
implied, shall not constitute � consent to, waiver of, or excuse for any other different
ar subsequent breach.
l4. Interruutions: Neither party to this Agreement shall be liable to the other for delays
in delivery or Failure to deliver or otherwise to perform any obligation under this
Agreement, where such failure is due to any cause beyond its reasonable control,
including, but not limited to Acts of God, fires, strikes, waz, flood, earthyuakes or
Governmental actions.
I5. Nn Conflict. During the term of this Agreement, no employee of Owner nor any
member oFOwner' s family shall serve on a County Board, committee or hold any such
position which either by rule, practice or action nominates, recommends, or supervises
County ' s activities of Owner's property.
16. Severabilitv. Il' any term or candition of this Agreement shall be held to be invalid,
Page 4 of 5
illegal, or unenforceable, this Agreement shall be consttued and enforced without such
provision, to the extent that this Agreement is then capable of execution within the
original intent of the parties.
17. Attornev's Fees/Leeal Costs: In the event of a dispute between County and Owner
concerning this Agreement, the parties agree that Counry shall not be liable to or
responsible for the payment of attorney fees and/or legal costs incurred by or on behalf
of Owner.
18. Fund Availabiliri: Financial obligations of County, payable after the current fiscal
yeaz, aze contingent upon funds for that purpose being appropriated, budgeted and
othenvise made available. By execution of this Ageement, County does not warrant
that funds will be available to fund this Agreement beyond the current fiscal yeaz. No
portion of this Agreement shall be deemed to create an obligation on the part of County
to expend funds not otherwise appropriated or budgeted for. County will not engage in
mining and/or crushing activities unless funds For such activities have been
appropriated, budgeted or otherwise been made available for such activities.
IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first
stated above.
Owner Signature: � � Date: � o� - �G jS'
Printed Name: John ers �
WELD COUNTY:
ATTEST: ��� C�( ��.,J _ .� BOARD OF COUNTY COMMISSIONERS
Weld Coun r ihe o`ard'f°� WELD COLJNTY, COLORADO
BY: 4/�.,
Deputy C rk to the B � azbara Kirkmey r, Chair CT 1 9 2015
��i � �
APPROVED AS TO FUN APPROVED AS BSTANCE:
��
Controller F.l d icial or Department Head
APPROVED AS TO FORM: N I{�
�6 /� � Director of General Services
�" l./L4.w1C�
County Attorney
��,�- 33 � �
Page 5 of 5
Exhibit A
Legal Property Description
Approximately 80 acres, located in the South half of the Southwest quarter (S '/, of S W '/.), of
Township 12 North, Range 63 West, of the 6t° P.M, Weld County, Colorado.
A 24 foot wide access road, located outside of the 50 ft pipeline easement, extending from CR
136.5 south to the northern boundary of the described mining permit area as follows:
Beginning at a point which is located 2464 feet nor[h of the Southwest corner of Section 26,
Township 12 North, Range 63 West, of the 6`h P.M. and commencing thence S00°3 7' 14"W a
distance of 11 ?4 feet.
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August2015
� Xhlblt B �
Peters 313 Pit Lease Agreement
Exhibit O
Peters 313 Owners of Record of Affected Land (surface area) and
Owners of Substance to be Mined
The land owner of the Peters 313 site is : John Peters
The owner of the sand and gravel under the Peters 313 site is: John Peters
In addition, John Peters owns all adjoining land.
Exhibit P
Peters 313 Municipalities within Two Miles
The proposed Peters 313 site lies in unincorporated Weld County. There are no municipalities within a 2
mile radius of the proposed Peters gravel mine site. The unincorporated town of Hereford is
approximately 5 miles east of the site, and the town of Grover is approximately 12 miles southeast of
the site.
Exhibit Q
Peters 313 - Proof of Mailing of Notices to the Board of County
Commissioners and the Soil Conservation District
,� ,
"°^� ` 1861 PUBLIC WORKS DEPARTMENT
1111 H STREET, P.O. BOX 758
� GREELEY, COLORADO 80632
V 1� WEBSITE: WWW.CO.WELD.CO.US
� _G O_U N T Y PHONE: (970) 304-6496
FAX: (970) 304-6497
November 18, 2015
Weld County Clerk to the Board
Weld County Board of County Commissioners
1150 O St
Greeley, CO 80631
Re: Peters Pit DRMS Application
Dear Sir/Madam,
We are delivering to you herewith, an application for a Division of Reclamation, Mining, and Safety (DRMS) mine
permit for the Peters 313 Pit to be operated by Weld County Public Works. Two copies of the application are on
file with the DRMS.
This copy of the application is delivered to you pursuant to 34-32.5-112(9)(a), C. R.S. 1995, as amended, which
states in part:
". . . the applicant shall place a copy of such application for public inspection at the office of the Board and Office of
the County Clerk and Recorder of the county in which the affected land is located."
The attached application must be kept for public review until the permit has been approved by the DRMS. We will
contact you once the permit is approved and make arrangements to pickup this copy.
Please acknowledge receipt of the copy of the permit application by signing in the appropriate space provided
below and returning one copy of this letter to the person delivering the application. This letter will be submitted to
the DRMS to prove the application was delivered to your office.
Sincerely,
RECEIVED
Valerie Mino M.S.
Water Engineer ;"��V 1 8 e`� '-
Weld County Public Works
WELD COUNTY
Enc�osure: COMMISSIONEFi�
RECEIVED THIS 1� DAY OF �DUtmhel, " , 2015, on copy of
the application packet for the above referenced mine.
W LD COUNTY CLERK TO THE BOARD
BY: [U(X.A�
Page 1 of 1
M:\MininglPeters 313 PitlMine Permit\Notifications160CC Filing Letter.doc
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION
NOTICE TO THE BOARD OF SUPERVISORS
OF THE LOCAL CONSERVATION DISTRICT
WEST GREELEY SOIL CONSERVATION DISTRICT
Weld County Public Works (the "ApplicanUOperator") has applied for a Regular ( 112)
reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to
conduct the extraction of construction materials to be utilized in operations in the County.
The attached application file is being provided to notify you of the location and nature of
the proposed operation . The entire application is on file with the Division of Reclamation ,
Mining , and Safety (the "Division") and the local county clerk and recorder.
The applicanUoperator proposes to reclaim the affected land to use. Pursuant to Section
34-32 . 5- 116(4)(m), C. R. S . , the Board may confer with the local Board of County
Commissioners before approving of the post-mining land use. Accordingly, the Board
would appreciate your comments on the proposed operation . Please note that, in order
to preserve your right to a hearing before the Board on this application , you must submit
written comments on the application within twenty (20) days of the date of last publication
of notice pursuant to Section 34-32 .5-112(10), C. R. S.
If you would like to discuss the proposed post-mining land use, or any other issue
regarding this application , please contact the Division of Reclamation, Mining , and
Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203 , (303) 866-3567.
You may also contact the applicant directly at the number below.
Weld County Public Works
Attention : Valerie Mino � ' `
970-304-6496 ext. 3773 � � �
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GREELEY C0 80634
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Exhibit R
Peters 313 Proof of Filing with the County Clerk and Recorder
�� � 18G1 � 1� - CLERK TO THE BOARD
� � � PHONE: (970) 336-7215, Ext. 4226
FAX: (970) 336-7233
1150 O STREET
�� �� P. O. BOX 758
V GREELEY, COLORADO 80632
GOUNTY
STATE OF COLORADO)
) ss
COUNTY OF WELD )
In Weld County, the Clerk to the Board performs those functions relevant to Board of
County Commissioner records and actions, which are normally performed by the Clerk and
Recorder; therefore, the entire application, as attached, is on file with the Weld County Clerk to
the Board .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County
at Greeley, Colorado, this 4th day of December, 2015 .
.�o- - , � J � �� ,.
,
CLERK TO THE BOARD �
iM�
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Exhibit S
Peters 313 Permanent Man-made Structures
John Peters owns a fence along the western boundary of the permit boundary. He also owns a private
gravel road leading to a tank battery.
While the tank battery is more than 200 feet from the permit boundary, the fence around the battery
and the cattle guard at the battery entrance is owned by EOG.
Weld County owns CR 136.5 and a cattle guard adjacent to the permit boundary.
The Oneok Bakken Pipeline is within 200 feet of the permit boundary.
In addition, the proposed haul road will cross over three gas pipeline easements owned by Kinder
Morgan, Bear Tracker Energy, and K N Interstate Gas Transmission Co.
Agreements will be mailed via certified mail to each structure owner. Proof of mailing and any
agreements received are attached.
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