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Home My WebLink About20162765.tiffv motr -�--a CUSTOM SEEDING J AUG 2 6 2016 Weld County Clerk to the Board Attn: Esther Gesick 1150 O Street PO Box 758 Greeley, Co 80632 Dear Esther, OFblY "P<g0 DANaR NEVER WOO August 23, 2016 The Enclosed Notice is being sent to you because Arnolds Custom Seeding LLC, 4626 CR65, Keenesburg, CO 80643, 303-732-4021, is applying for a 110 Limited Impact Operation Reclamation Permit. This application has been modified from the original sent with a letter to you dated May 17, 2016. The corrected portions have been highlighted for your comparison. As a requirement for the permit acceptance, a Notice of Filing Application must be sent to the County Commission. Please respond with a signature on the Receipt and Proof of Filing and return to the above Arnolds address Attn: Darren Dever (return envelope enclosed). If you have any questions please give me a call directly at 970-324-5123. Thank you for your time and I look forward to receiving your receipt. Sincerely, Darren Dever Superintendent CERTIFIED MAIL Return Receipt Requested n cc, PLCmrh/'-rPJ Pcs cot ; c, RN;ec,J PW C E-R/G H / 0-M/C- c) G1/"1/ 1Co cslaci/1Co 2016-2765 Arnold's Custom Seeding, LI.C • 4626 WCR 65 • Keenesburg, CO 80643 • P: 303.732.4021 • F: 303,732.0510 • acsseeding.com Receipt and Proof of Filing Arnold Pit No. 1, 110 Reclamation Permit Application ai • , with the Weld County Commissioners office, hereby acknowledge receipt of the following: • "Notice of Filing Application for the Colorado Mined Land Reclamation Permit" • Arnold Pit No. 1, 110 Reclamation Permit Application Form ignature Date NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR CONSTRUCTION MATERIALS LIMITED IMPACT (110) OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS Weld COUNTY Arnolds Custom Seeding LLC (the "Applicant/Operator") has applied for a Construction Materials Limited Impact (110) Reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials in Weld County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Reclamation, Mining, and Safety (the "Division") and the local county clerk and recorder. The applicant/operator proposes to reclaim the affected land to cropland 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 ten (10) days after the date of the applicant's newspaper publication. If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please contact the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567. NOTE TO APPLICANT/OPERATOR: You MUST attach a copy of the application form to this notice. If this is a notice of a change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate description of the change. STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 CHECK ONE: COLORADO DIVISION OF RECLAMATION MINING -&- SAF ETY CONSTRUCTION MATERIALS LIMITED IMPACT (110) OPERATION RECLAMATION PERMIT APPLICATION FORM There is a File Number Already Assigned to this Operation Permit # Y0t6 022 (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 - 2016_ 022 _ (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Limited Impact (110) Operation Reclamation Permit contains three major parts: (1) the application form; (2) Exhibits A -J, Exhibit L, Addendum 1, any sections of Exhibit 6.5 and Geotechnical Stability Exhibit, as required by the Office, and outlined in Rules 6.1, 6.2, 6.3, 6.5, and 1.6.2(1)(b); and (3) the application fee. When you submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (1) copy of the completed application form, two (2) copies of Exhibits A -J, Exhibit L, Addendum 1, and appropriate sections of 6.5 (Geotechnical Stability Exhibit), as required, and a check for the application fee described under (4) below. Exhibits should NOT be bound or in a 3 -ring binder; maps should be folded to 8 1/2" X 11" or 8 1/2" X 14" size. To expedite processing, please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, ALL information described below. 1. Applicant/operator or company name (name to be used on permit): Amolds Custom Seeding, LLC 1.1 Type of organization (corporation, partnership, etc.): Arnold Pit No. 1 2. Operation name (pit, mine or site name): 3. Permitted acreage (new or existing site): 3.1 Change in acreage (±) 3.2 Total Acreage in Permit Area 4. Fees: 4.1 New Application: Amendment Fee (C.R.S. 34-32.5-125(I1)): Arnold Pit No. 1 9.99 9.99 permitted acres acres acres $1258.00 application fee $827.00 application fee 5. Primary commoditie(s) to be mined: Top Soil 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: Anticipated end use of incidental commoditie(s) to be mined: Top Soil used on construction locations NA -2- 1 1. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Rick Gillan Title: Vice President Contact's Name: Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: Arnolds Custom Seeding, LLC 4626 CR 65 P.O. Box: Keenesburg Colorado (303 ) _ 732-4021 (303 ) _ 732-0510 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Darren Dever Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: INSPECTION CONTACT Contact's Name: Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: Arnolds Custom Seeding, LLC Zip Code: 80643 Title: Supervisor 4626 CR 65 Keenesburg P.O. Box: Colorado (303 ) _ 732-4021 (303 ) _ 732-0510 Zip Code: 80643 Same as Permitting Contact Title: P.O. Box: Zip Code: ( )- ( )- CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Telephone Number: ( CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Telephone Number: ( ) - -3- 7. Name of owner of the subsurface rights of affected land: Rich Huwa 8. Name of owner of the surface of affected land: 9. Type of mining operation: WI I Surface Rich Huwa Underground 10. Location information: The center of the area where the majority of mining will occur: COUNTY: Weld In -situ PRINCIPAL MERIDIAN (check one): El 6th (Colorado) El 10th (New Mexico) El Ute SECTION (write number): S 35 TOWNSHIP (write number and check direction): T 2.0 North © South ElRANGE (write number and check direction): R 63.0 © East West QUARTER SECTION (check one): 11 NE 17/1 NW © SE E SW QUARTER/QUARTER SECTION (check one): D NE El NW El SE El sw GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): Site is approx 4.25 miles east of Keenesburg, Co 1 1. 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 6 sec 7 59.00 (2 decimal places) Longitude (W): deg 104 min 24 sec 33 36.00 (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449° Latitude (N) (5 decimal places) Longitude(W) (5 decimal places) OR Universal Tranverse Mercator (UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum (specify NAD27, NAD83 or WGS 84) _ NAD83 Zone 13 Easting Northing -4- 12. Prim a�future L. (Post -mining) land use (check one Cropland(CR) Rangeland(RL) Residential(RS) — ..,..r 1iDeveloped Water Resources(WR) Pastureland(PL) Forestry(FR) Recreation(RC) General Agriculture(GA) Wildlife Habitat(WL) Industrial/Commercial(IC) Solid Waste Disposal(WD) 13. Prim resent land use (check one): Cropland(CR) © Pastureland(PL) © General Agriculture(GA) ElRangeland(RL) El Forestry(FR) ri Wildlife Habitat(WL) Residential(RS) ri Recreation(RC) Industrial/Commercial(IC) Developed Water Resources (WR) Mining (MN) 14. If this operation will use designated chemicals, or will result, or presently has acid mine drainage - you cannot use this application form. You must submit either a 110d or 112d application form for Designated Mining Operations. In either case, you must list any acidic or toxic -forming materials, exposed or disturbed as a result of the mining operation, and whether the operation will result in or presently has acid mine drainage: NA 15. Description of Amendment or Conversion: If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s): Maps & Exhibits: Submit two (2) complete, unbound copies of the following application exhibits: 6.3.1 6.3.2 6.3.3 6.3.4 6.3.5 6.3.6 6.3.7 6.3.8 6.3.9 6.3.10 6.3.12 1.6.2(1)(b) 6.5 EXHIBIT A - Legal Description and Location Map EXHIBIT B - Site Description EXHIBIT C - Mining Plan EXHIBIT D - Reclamation Plan EXHIBIT E - Maps, to include the location of any recorded easements EXHIBIT F - List of Other Permits and Licenses Required EXHIBIT G - Source of Legal Right -to -Enter EXHIBIT H - Municipalities Within a Two-mile Radius EXHIBIT I - Proof of Filing with County Clerk EXHIBIT J - Proof of Mailing Notices of Permit Application EXHIBIT L - Permanent Man -Made Structures ADDENDUM 1 - Notice Requirements (sample enclosed) Geotechnical Stability Exhibit (as required) -5 - Responsibilities as a Permittee: Upon application approval and permit issuance. this application becomes a legally binding document. Therefore, there are a number of important requirements which you. as a permittee, should fully understand. These requirements are listed below. Please read and initial each requirement. in the space provided, to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office for a full explanation. 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terms or conditions of this permits the Act, the Mineral Rules and Regulations. or that information contained in the application or your permit misrepresent important material facts; 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as permittee can result; 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of any changes in your address or phone number; 6. Upon permit issuance and prior to beginning on -site mining activity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road. with the following information (Rule 3.1.12): a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and. c. the permit number. 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance; 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Mineral Rules and Regulations in effect at the time the permit is issued. 9. Annually. on the anniversary date of permit issuance, you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year). any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example. a permit with the anniversary date of July 1, 1995, the annual fee is for the period of July I, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit. and forfeiture of your financial warranty. It is your responsibility, as the permittee, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. 10. For joint venture'partnership permittee: the signing representative is authorized to sign when document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. -6 - NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office. Therefore, if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments, unless they are written, and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office review and decision or appeals process, you may contact the Office at (303) 866-3567. Title: Vice President State of ( , ( 1 Q (t C County of (Ickf l S ) ss. -7- Certification: As an authorized representative of the applicant. I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. All necessary approvals from local government have been applied for (Section 34-32.5-1 I0(1)(a)(VIII). 2. To the best of my knowledge, all significant. valuable and permanent man-made structures) in existence at the time this application is filed, and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5-1 15(4)(e). C.R.S.). (NOTE: For 110 operations, the affected area includes all lands delineated by the permit boundary.) 3. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-i 15(4)(f).. C.R.S.). 4. As the applicant/operator, I do not have any mining/exploration operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120, C.R.S.). 5. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. 1984. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-110,C.R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to section 34-32.5-123, CJ.RR,S. Signed and dated this f‘ day of t"`1 , 20 ArNp`�h t.A JO A IDetO; I LL- �. A , , i hca rator If Corporation Attest (Seal) Signed. Signed: Corporate Secretary or Equivalent Town/City/County Clerk The foregoing instrument was acknowledged before me this 1 �' day of (Ll't(j!,_1t .`� Eu\__(.Y)A of C\C oLt ltc,L,\A Ay(s,Q . by C--,\.CK (_ VCLas \ �c..C 1\ MONICA POOLE NOTARY PUBLIC STATE OF COLORADO NOTARY iC 20064045340 MY COMMISSION EXPIRES FEBRUARY 27, r. IS 0 C TL Notary Public My Commission expires: ;)-f Y-1 / I SIGNATURES MUST BE IN BLUE INK LAC Hello