HomeMy WebLinkAbout20153500.tiff •
egItIfitetke PUBLIC WORKS DEPARTMENT
1111 H STREET, P.O. BOX 758
'r GREELEY, COLORADO 80632
- r ' WEBSITE: WWW.CO.WELD.CO.US
3 O 0 0 N T Y x 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 NOV 1 8 2015
Weld County Public Works
WELD COUNTY
Enclosure: COMMISSIONERS
RECEIVED THIS 18h DAY OF f1cIuj1�t_ ,2015,on copy of
the application packet for the above referenced mine.
WELD COUNTY CLERK TO THE BOARD
BY: 4011141., a) *Mt
poi,ovt-e,tui 8.L.3
U- SO- 16 C et, 9v) it/75/ro ,P,01&-• 500Page 1 of 1
M:\Mining\Peters 313 Pit\Mine Permit\Notifications\BOCC Filing Letter.doc
STATE OF COLORADO
DIVISION OF RECLAMATION,MINING AND SAFETY
Department of Natural Resources
1313 Sherman St.,Room 215 C O L O R A D O
Denver,Colorado 80203
DIVISION OF
Phone:(303)866-3567
RECLAMATION
FAX:(303)832-8106 MINING
HARD ROCK/METAL MINING SAFETY
REGULAR(112)OPERATION
RECLAMATION PERMIT APPLICATION PACKAGE
APPLICABILITY:
This application package is for a mining operation that will not be a Designated Mining Operation,which affects 10 acres or
more,or extracts 70,000 tons or more of mineral,overburden or combination of the two per calendar year. If you plan to
conduct a mining operation which meets these criteria,please follow the instructions provided in this package and Rules
1.4.1, 1.4.5,6,7 and 8,as required,of the Mineral Rules and Regulations. See Rule 1.1(12)for a definition of"Designated
Mining"operation.
FILING REQUIREMENTS
The Mineral Rules and Regulations(the Mined Land Reclamation Act, Section 34-32-101, et seq., C.R.S., and 2 CCR
407-1)of the Colorado Mined Land Reclamation Board(the"Board")regulate the permitting,operational and reclamation
requirements for all non-coal mining operations in Colorado. It is your obligation to comply with the Act and Regulations.
You are encouraged to obtain and review a copy of the Rules,available for$8.00 from the Division of Reclamation,Mining
and Safety(the"Office"). In order to submit your application properly,it is recommended that you review the Act and:
Rule 1.1 Definitions;
Rule 1.4.1 General Provisions of the Application Review and Consideration Process;
Rule 1.4.5 Specific Requirements for Regular 112 and 112d Mining Operations;
Rule 1.6 Public Notice Procedures;
Rule 3.1 Reclamation Performance Standards;
Rule 3.3.1 Operating without a Permit-Penalty;
Rule 4 Performance Warranties and Financial Warranties;
Rule 6 Permit Application Exhibit Requirements;
Rule 6.2 General Requirements of Exhibits;
Rule 6.4 Specific Permit Application Exhibit Requirements;and,
Rule 6.5 Geotechnical Stability Exhibit.
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines
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To apply for a Reclamation Permit for a Regular Operation,one(1)completed signed and notarized gray original and one
(1)copy of the gray original (Section 34-32-112(1)(a), C.R.S. 1984, as amended) of the Regular Operation (112)
Application Form, two (2) copies of Exhibits A-S and Geotechnical Stability Exhibit (Rule 6.5), two (2) copies of
Addendum 1 -Notice requirements(described in Rule 1.6.2(1)(b), and an application fee MUST be submitted to the
Office. Review of the application and exhibits will NOT begin until all required information is submitted. The Office will
then review the submitted information for adequacy. This package contains the required application form and directions for
preparing Exhibits as outlined and described in Rules 6.4 and 6.5.
It is recommended that you contact the agencies listed under "Compliance With Other Laws" prior to submitting the
application to the Office. You must send a notice, on a form approved by the Board, to the local board of county
commissioners and, if the mining operation is within the boundaries of a soil conservation district, to the board of
supervisors of the soil conservation district,prior to filing the application. A copy of these"Notice of Filing Application"
forms have been attached for your use. You must include proof of such mailings with the application at the time the
application is submitted to the Office for filing(Rules 1.6.2 and 1.6.5).
Upon filing the application,place for public review a copy of the application, less confidential items,with the clerk and
recorder of the county or counties in which the affected land is located. Any changes or additions made to an application
following submittal must be filed with the county clerk and recorder.You must also provide the Office with an affidavit or
receipt demonstrating that the change was filed with the county clerk and recorder no later than the close of business on the
day the change was filed with the Office(Rule 1.8.1). The copy of the application and any changes or additions placed at
the office of the county clerk and recorder shall not be recorded,but shall be retained there for at least sixty(60)days after
a decision on the application by the Office and be available for inspection during this period. At the end of this period,the
application may be reclaimed by the applicant or destroyed(Rule 1.6.2(2)).
Prior to the Office making an approval decision(consideration of the application),you must submit proof of publication
and proof of all required notices. Proof of notice may be by submitting return receipts of a certified mailing or by proof of
personal service(Rules 1.6.2 and 1.6.5).
APPLICATION REVIEW PROCEDURES:
When the Office receives the application form,all required exhibits and the application fee,the Office will set a date for
consideration of the application. This date will be within 90 days of the date of submittal. The date set for consideration
may be extended,pursuant to Rule 1.4.5(3), if you change or make additions to the application(Rule 1.8).
The Office may schedule an informal conference on the application. You may also request an informal conference. Please
consult Rule 1.4.6 for the procedures on informal conferences.
During the 90-day review period,the Office will review your application to determine if it is technically adequate and
meets the requirements of the Act and Mineral Rules and Regulations. You will be notified if any deficiencies exist and
will be asked to respond prior to the date set for consideration of the application.
The Office will issue its decision on or before the date set for consideration of the application. The decision will be either
to: (1)approve; (2)approve with conditions; (3) deny; or, (4) set the application for a hearing before the Board. Any
conditions upon approval,unless agreed to by the applicant,shall be treated as a denial. The grounds for denial,approval
with conditions,or approval over an objection will be set forth in writing(Rule 1.4.8).
A hearing will automatically be scheduled if the Office's decision is:(1)denial;(2)approval when objections have been
received; (3)approval with conditions when these are unacceptable to the applicant; or,(4)the Office chooses to set a
hearing because of a decision requiring Board policy.
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In the event the Office sets an application for a hearing without issuing a decision,the Office will issue a recommendation
to the Board and will identify the issues raised in the adequacy review or by objections filed with the Office. The Office
will mail a copy of the recommendation to all parties to the hearing(Rule 1.4.5(6)).
PERFORMANCE AND FINANCIAL WARRANTIES:
A performance warranty and a financial warranty, in an amount determined as a part of the application review,must be
submitted to the Office prior to permit issuance. If the applicant is a unit of state or county government, then only a
performance warranty is required. Several different types of financial warranties are allowed by the law. Please review
Rule 4 to determine which type of financial warranty you desire to use.You may obtain the appropriate forms during the
application review period. A financial warranty should NOT be submitted until a decision on the application has been
made.
COMPLIANCE WITH OTHER LAWS:
Compliance with the Act and Rules and Regulations of the Mined Land Reclamation Board does not in any way relieve you
of the responsibility to comply with all other applicable state and federal laws(Section 34-32-115(4Xc)and 109(5),C.R.S.
1984,as amended). At a minimum,you MUST contact the following agencies to determine whether or not you need to
comply with their legal requirements:
o The Colorado Historical Society regarding properties of historical significance including the need for an
archeological survey,procedures for requesting a file search,and inventory forms to identify structures;
o Colorado Division of Water Resources with regard to the administration of water rights;
o Colorado Department of Health,Water Quality Control Division,with regard to the discharge of pollutants into
the water of the State;
o Colorado Department of Health,Air Pollution Control Division,with regard to the need for a fugitive dust
permit;
o U.S.Bureau of Land Management or the U.S.Forest Service for proposed operations on federal lands;
o U.S.Army Corps of Engineers regarding a dredge and fill(404)permit;and
o The County Planning Department for the county or counties in which the proposed operation is located
(Section 34-32-109(6),C.R.S.1984,as amended)requires a mining operator to be responsible for assuring that
the mining operation and the post-mining land use comply with local land use regulations and any master plan
for extraction adopted pursuant to Section 34-1-304.
PERMIT APPROVAL:
An applicant will not be issued a reclamation permit until notified by the Office that this application and the required
performance and financial warranties have been approved. Alternatively, an automatic approval will occur where the
Office fails to notify the applicant/operator that the application has been denied. This decision must be made one hundred
twenty (120) calendar days from the date the application was submitted. However, the performance and financial
warranties must be submitted and approved by the Office before the permit will be issued even if you receive an automatic
approval. NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT IS ISSUED(Rule 4.1(2)).
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NOTICE REQUIREMENTS:
Within ten(10)days after filing,mail or personally serve a copy of the notice described in Rule 1.6.2(1 Xc)to all owners of
record of surface rights to the affected land and all owners of record of lands that are within 200 feet of the boundary of the
affected land(Rule 1.6.2(1)(d)(I)and(ii)). In addition,you must publish four consecutive times in a newspaper of general
circulation,in the locality of the proposed mining operation,the notice described in Rule 1.6.5. A copy of a form which
includes all required information for the notice has been attached for your use. You will need to provide the Office proof of
notice prior to the decision date. Proof of notice may be by submitting return receipts of a certified mailing or by proof of
personal service(Rules 1.4.1(4), 1.4.2(4)(c)and 1.6.2(1)(d)).
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's review and decision or appeals process,you
may contact the Office at(303)866-3567.
COMPLETION OF MINING:
Upon completion of any phase of reclamation,you should consult Rule 3.1 for reclamation standards and 4.16 for details
on how to request a reclamation responsibility release from the Board.
STATE OF COLORADO
DIVISION OF RECLAMATION,MINING AND SAFETY
Department of Natural Resources
1313 Sherman St.,Room 215
Denver,Colorado 80203 COLORADO
DIVISION OF
Phone:(303)866-3567 RECLAMATION
FAX:(303)832-8106 HARD ROCK/METAL MINING MINING
REGULAR OPERATION(112) SAFETY
RECLAMATION PERMIT APPLICATION FORM
CHECK ONE: El There is a File Number Already 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 Regular Operation Reclamation Permit contains three major parts:(1)the application form;(2)Exhibits A-S,
Geotechnical Stability Exhibit and Addendum 1;and,(3)the application fee. When you submit your application,be sure to include
one(1)completed,signed and notarized gray original and one(1)copy of the completed application form,two(2)copies of Exhibits
A-S, the Geotechnical Stability Exhibit, and Addendum 1, and a check for the application fee described under Section 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 name: 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): 80 permitted acres
3.1 Change in acreage(+or-) NA acres
3.2 Total acreage in Permit area NA acres
4. Fees:
4.1 New Application $2,156.00 application fee
4.2 New Quarry Application $2.674.00 quarry application
4.3 Milling Application(Non-DMO) $3,565.00 milling application
4.4 Amendment Fee $1,783.00 amendment fee
4.5 Conversion to 112 operation(set by statute) $1,725.00 conversion fee
5. Primary commoditie(s)to be mined: Sand and Gravel
6. Name of owner of surface of affected land: John L. Peters
7. Name of owner of subsurface rights of affected land: John L. Peters
If 2 or more owners,refer to Exhibit O.
8. Type of mining operation: X Surface Underground In-situ
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines
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9. Location Information: the center of the area where the majority of mining will occur lies in:
COUNTY: Weld
PRINCIPAL MERIDIAN(check one): 17 6th(Colorado) ® 10th(New Mexico) ® Ute
SECTION(write number): 5 26
TOWNSHIP(write number and check direction): T 12N El Nop S.
RANGE(write number and check direction): _ R 63W ast West
QUARTER SECTION(check one): -NE NW SE El SW
QUARTER/QUARTER SECTION(check one): — NE NW SE II SW
GENERAL DESCRIPTION(miles and direction from nearest town and approximate elevation):
Located approximately five miles West of the town of Hereford at an elevation of approximately 5280 feet.
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 min sec (2 decimal places)
Longitude(W): deg min sec (2 decimal places)
OR
Example: (N) 39.73691°
(W) -104.98449°
Latitude(N) 40 .979960 (5 decimal places)
Longitude(W) --104 .409158 (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
11. Primary future(Post-mining)land use(ch ne):
Cropland(CR)g Pastureland(PL) General Agriculture(GA)
Rangeland(RL) Forestry(FR) Wildlife Habitat(WL)
Residential(RS) Recreation(RC) Industrial/Commercial(IC)
Developed Water Resources(WR) Solid Waste Disposal(WD)
12. Prim• - 'resent land use check one :
Cropland(CR) Pastureland(PL) General Agriculture(GA)
s Rangeland(RL) Forestry(FR) Wildlife Habitat(WL)
Residential(RS) Recreation(RC) Industrial/Commercial(IC)
Developed Water Resources(WR)
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13. Correspondence Information:
APPLICANT/OPERATOR (name,address,and phone of name to be used on permit)
Individual's Name: Jay McDonald Title: Director of Public Works
Company Name: Weld County Public Works
Street/P.O.Box: 1111 H Street P.O.Box: 758
City: Greeley
State: Colorado Zip Code: 80632
Area Code: (970 ) Telephone: 304-6496
Fax Number: (970 ) Telephone: 304-6497
PERMITTING CONTACT (if different from applicant/operator above)
Individual's Name: Clay Kimmi Title:Senior Engineer
Company Name: Weld County Public Works
Street/P.O.Box: 1111 H. Street P.O.Box: 758
City: Greeley
State: Colorado Zip Code: 80632
Area Code: (970 ) Telephone: 304-6496 ext. 3741
Fax Number: (970 ) Telephone: 304-6497
INSPECTION CONTACT
Individual's Name: Same as Permitting Contact Title:
Company Name:
Street/P.O.Box: P.O.Box:
City:
State: Zip Code:
Area Code: ( ) Telephone:
Fax Number: ( ) Telephone:
CC: STATE OR FEDERAL LANDOWNER(if any)
Agency: NA
Street:
City:
State: Zip Code:
Area Code: ( ) Telephone:
CC: STATE OR FEDERAL LANDOWNER(if any)
Agency: NA
Street:
City:
State: Zip Code:
Area Code: ( ) Telephone:
i
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14. Primary future(Post-mining)land use(check one):
Cropland(CR) Pastureland(PL) General Agriculture(GA)
✓ Rangeland(RL) Forestry(FR) Wildlife Habitat(WL)
Residential(RS) Recreation(RC) Industrial/Commercial(IC)
Developed Water Resources(WR) Solid Waste Disposal(WD)
15. Primary ent land use(check one):
Cropland(CR) ❑Pastureland(PL) I_ZIGeneral Agriculture(GA)
1✓ Rangeland(RL) Forestry(FR) Wildlife Habitat(WL)
Residential(RS) -,,,—IRecreation(RC) ri Industrial/Commercial(IC)
Developed Water Resources(WR)
16. Method of Mining: ill Quarry(QR) Solution(SO)
16.1 Other: Briefly explain mining method(e.g.Placer,truck/shovel).
Material will be pushed into a stockpile by an excavator, loader, or dozer. A haul truck
may be used to take material to the crusher.
17. On Site Processing: Solution(SO) _ Chemical(CH) [1 Thermal(TH)
Heap Leach(HL) Vat Leach(VL)
List any designated chemicals or acid-producing materials to be used or stored within permit area:
none
I
Description of Amendment of Conversion:
If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s):
NA
l
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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. This mining operation will not adversely affect the stability of any significant,valuable and permanent man-made
structure(s)located within two hundred(200)feet of the affected lands. (However,where there is an agreement between the
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 to the Office prior to the decision date.)
2. No mining operation will be located on lands where such operations are prohibited by law(Section 34-32-115(4)(f),
C.R.S. 1984,as amended);
3. As the applicant/operator, I do not have any mining/prospecting operations in this state of Colorado currently in
violation of the provisions of the Mined Land Reclamation Act(Section 34-32-120,C.R.S. 1984,as amended)as determined
through a Board finding.
4. 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,as amended.
This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32-112,C.R.S., of the Mined Land
Reclamation Act 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 34-32-123,C.R.S. f
Signed and dated this ? �� day of Octv1r , ,2 0 IS- .
Weld County Public Works Corporation Attest(Seal)
Applicant/Operator or Company Name #� E kz
Signed: --c:71._
4) IE61 `.,.�'; 'nee . I�QQt S L
'.,����:� ;�••rate Secretary Equivalent
Cieb 1 Town/City/County Clerk
Director of Public Works %.&u I I
Title:
`� bV
State of Ca/or as )
) j Q'\f )ss.
G✓�County of I ) p� /�
The foregoing instrument was acknowledged before me this C2O day of (T0, / , 2oic
by 1,v 12C. PonUK kn as {J1(e T O Z_ of RI bi,'� Gt/prA'S •
udjAL)A4Amcwiel -gmA,c—
ota Publ[c 3
My ommission expires: 8'//Z//7
SIGNATURES MUST BE IN BLUE INK
I JACQUELINE HERNANDEZ-BARROW
NOTARY PUBLIC
STATE OF COLORADO
_NOTARY ID 20134061237
MY C=M0N EJIPINESAUGUST 12,2017
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Maas and Exhibits:
Two(2)complete,unbound application packages must be submitted. One complete application package consists of the signed original
application form and the set of maps and exhibits referenced below as Exhibits A-S 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 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 Legal Description
EXHIBIT B Index Map
EXHIBIT C Pre-Mining and Mining Plan/Map(s)of Affected Lands to include the location of any recorded
easements
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
EXHIBIT J Vegetation Information
EXHIBIT K Climate Information
EXHIBIT L Reclamation Costs
EXHIBIT M Other Permits and Licenses
EXHIBIT N Source of Legal Right-To-Enter[See Subparagraph 6.3.7]
EXHIBIT O Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined,to
include holders of any recorded easements.
EXHIBIT P Municipalities Within Two Miles
EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Soil Conservation 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 Requirements(sample enclosed)
RULE 6.5 Geotechnical Stability Exhibit
The instructions for preparing Exhibits A-S,Addendum 1,and Geotechnical Stability Exhibit 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 the Exhibits or content of the
information required,or would like to schedule a pre-application meeting you may contact the Office at 303-866-3567.
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Responsibilities as a Permittee:
J
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.
Clg)Otr 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal
liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated
with your mining operation in the event your permit is revoked and financial warranty is forfeited;
2. The Board may suspend or revoke this permit,or assess a civil penalty,upon a finding that the permittee
violated the terms or conditions of this permit,the Act,the Mineral Rules and Regulations,or that information
contained in the application or your permit misrepresent important material facts;
3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit
boundary,substantial civil penalties,to you as permittee can result;
4. Any modification to the approved mining and reclamation plan from those described in your approved
application requires you to submit a permit modification and obtain approval from the Board or Office;
44%7. 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($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 of the permit approval. Annual fees are for
the previous year a permit is held. For example, a permit with the anniversary date of July 1, 1995,the
annual fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and
report by the permit anniversary date may result in a civil penalty,revocation of your permit,and forfeiture of
your financial warranty. It is your responsibility,as an operator,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 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.
I
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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.
You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a proposed mining
operation. The following is a sample of the Notice required for Rue 1.6.2(1)(b)that you may wish to use.
I
NOTICE
This site is the location of a proposed mining operation. (Name of the Applicant/Operator) Weld County Public Works ,whose
address and phone number is (Address and Phone Number of the Applicant/Operator)
has applied for a Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the
application may view the application at the(County Name) Weld County Clerk and Recorder's Office,(Clerk
and Recorder's Office Address) 1150 O Street,Greeley,CO 80632 ,and should send
comments prior to the end of the public comment period to the Division of Reclamation,Mining and Safety, 1313 Sherman St.,Room
215,Denver,Colorado 80203.
Certification:
I, Va-/eri t A MIA-6 ,hereby certify that posted a sign containing the above notice for the roposed permit
area known as the(Name of Operation) PP e r. 313 I i'f ,on(Date Posted) i i — )9 -/
II - J9 - 15-
SI NATURE DATE
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR HARD ROCK/METAL MINING REGULAR(112)OPERATION
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
Weld COUNTY
Weld County Public Works (the"Applicant/Operator")has applied for a Regular
(112) reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct hard rock/metal mining
operations in Weld County. The attached information is being provided to notify you of the location and
nature of the proposed operation. The entire application is on file with the Division of Reclamation,Mining and Safety(the"Division")
and the local county clerk and recorder.
The applicant/operator proposes to reclaim the affected land to rangeland use. Pursuant to
Section 34-32-116(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 34-32-112(10),C.R.S.
If you would like to discus the proposed post-mining land use,or any other issue regarding this application,please contact the Division
of Mine4rals and Geology, 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.
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR HARD ROCK/METAL MINING REGULAR(112)OPERATION
NOTICE TO THE BOARD OF SUPERVISORS
OF THE LOCAL SOIL CONSERVATION DISTRICT
West Greeley Soil Conservation DISTRICT
Weld County Public Works (the"Applicant/Operator")has applied for a Regular
(112) reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct hard rock/metal mining
operations in Weld County. The attached information is being provided to notify you of the location and
nature of the proposed operation. The entire application is on file with the Division of Reclamation,Mining and Safety(the"Division")
and the local county clerk and recorder.
The applicant/operator proposes to reclaim the affected land to rangeland use. Pursuant to
Section 34-32-116(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 34-32-112(10),C.R.S.
If you would like to discus the proposed post-mining land use,or any other issue regarding this application,please contact the Division
of Mine4rals and Geology, 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.
An example Public Notice which meets the requirements of the Statutes is shown below. The blanks,which require dates,will need to
be filled in according to the following instructions. PLEASE READ CAREFULLY.
Publication Instructions:
Date of commencement and date of completion should represent the dates which you feel most accurately describe the life of the
operation.
For all Regular(112)types of operations,this notice must be published once a week for four(4)consecutive weeks,starting within
ten(10)days of the date the application is considered submitted to the Division of Reclamation,Mining and Safety(the"Division").
The final date for receiving comments is the 20th day after the fourth publication or the next regular business day.
All notices must be published in a newspaper of general circulation in the locality of the proposed mining operation and mailed to the
landowners as set forth in the Colorado Mined Land Reclamation Rules and Regulations. Since the date for consideration of your
application may change,DO NOT include it in this notice.
For a complete discussion of the notice procedures and objections,please refer to C.R.S.34-32.5-112(10), 114 and 115.
**********************************************************************************************************
PUBLIC NOTICE
(Operator Name) Weld County Public Works ;(Address and Phone Number) 1111 H.Street,Greeley,CO 80526 ,has filed an
application for a Regular(112)Hard Rock/Metal Mining Reclamation Permit with the Colorado Mined Land Reclamation Board under
provisions of the Colorado Mined Land Reclamation Act. The proposed mine is known as the (Name of the Mine)
Peters 313 Pit ,and is located at or near Section 26 ,Township 12N ,Range 63W
Prime Meridian.
The proposed date of commencement is October 2016 ,and the proposed date of completion is
October , 2021 . The proposed future use of the land is(Future Landuse) rangeland
Additional information and tentative decision date may be obtained from the Division of Reclamation, Mining and Safety,
1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567, or at the (County Name)
County Clerk and Recorder's office;(Clerk and Recorder's Address) 1150 o Street,Greeley,CO 80632 ,or the above-
named applicant. A complete copy of the application is available at the above-named County Clerk and Recorder's office and at the
Division's office.
Comments concerning the application and exhibits must be in writing and must be received by the Division of Reclamation,Mining and
Safety by 4:00 p.m.on(Final Date for Comments)
Please note that under the provisions of CRS.34-32.5-101 et seq..comments related to noise,truck traffic,hours of operation,visual
impacts, effects on property values and other social or economic concerns are issues not subject to this Vice's jurisdiction. These
subjects, and similar ones, are typically addressed by your local governments, rather than the Division of Reclamation,Mining and
Safety or the Mined Land Reclamation Board.
M:\min\share\vsforms\07-07-01 vsforms\Hardrock App\Hardrock112 App 07/25/2007
s v
An example Structure Agreement which meets the requirements of the Statutes is shown below.
*************************************************************************************
Structure Agreement
This letter has been provided to you as the owner of a structure on or within two hundred(200)
feet of a proposed mine site. The State of Colorado, Division of Reclamation, Mining and Safety
("Division") requires that where a mining operation will adversely affect the stability of any significant,
valuable and permanent man-made structure located within two hundred(200) feet of the affected land,
the Applicant shall either:
a) Provide a notarized agreement between the Applicant and the Person(s) having an interest in the
structure,that the Applicant is to provide compensation for any damage to the structure; or
b) Where such an agreement cannot be reached,the Applicant shall provide an appropriate
engineering evaluation that demonstrates that such structure shall not be damaged by activities
occurring at the mining operation; or
c) Where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead,
from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have
"no negative effect"on their utility. ( Construction Materials Rule 6.3.12 and Rule 6.4.19&Hard
Rock/Metal Mining Rule 6.3.12 and Rule 6.4.20)
The Colorado Mined Land Reclamation Board("Board') has determined that this form, if
properly executed, represents an agreement that complies with Construction Materials Rule 6.3.12(a),
Rule 6.4.19(a), and C.R.S. §34-32.5-115(4)(e) and with Hard Rock/Metal Mining Rule 6.3.12(a), Rule
6.4.20(a), and C.R.S. §34-32-115(4)(d). This form is for the sole purpose of ensuring compliance with the
Rules and Regulations and shall not make the Board or Division a necessary party to any private civil
lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the
Division.
The following structures are located on or within 200 feet of the proposed affected area:
1 fence and private road to tank battery-owned by John Peters
2. cattle guard-owned by EOG
County Road 136.5 with cattle guard-owned by Weld County
3.
pipeline with easement-owned by Oneok Bakken
4.
pipelines owned by Kinder Morgan and Rockies Express will be crossed by the access road.
5.
(Please list additional structures on a separate page)
i
CERTIFICATION
The Applicant, Weld County Public Works (print applicant/company name),
by Jay McDonald (print representative's name), as Director of Public Works (print
representative's title), does hereby certify that John Peters (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 Exhibit A, of the Reclamation
Permit Application for Peters 313 Pit (operation name),
File Number M- - .
This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its
authority under the Colorado Land Reclamation Act for the Extraction of Construction Materials and
the Colorado Mined Land Reclamation Act for Hard Rock,Metal,and Designated Mining Operations.
Any alteration or modification to this form shall result in voiding this form.
NOTARY FOR PERMIT APPLICANT
ACKNOWLEGED BY:
Applicant ttiejd CcPc5 Representative Name
Date JO g -1 sS Title Dire Gbr 7Jo r 1c
STATE OF 60/0 ra pto )
t ss.
�COUNTY OF W C-/ )
The foregoing was acknowledged before me this Zg day of (9-C.4• , 20 /5 by
in4Pt9'w4/e/ as D r ee j v-L of Pc( /,`c work S .
y Commission Expires: 6//2-//7
ota Pu i lic
r, I JACQUELINE HERNANDEZ-BARROW
NOTARY PUBLIC
STATE OF COLORADO
WcAT2olti
ID 20131JOUST12 all
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
Exhibit J Vegetation Information
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 approximately 80 acres, located in the South half of the
Southwest quarter(S '/2 of SW '/4), of Section 26, Township 12 North, Range 63 West, of the 6th
P.M, Weld County, Colorado.
The proposed primary entrance location will be located on County Road 136.5 at
Latitude (N): 40 deg 58 min 47.75 sec, Longitude (W): -104 min 24 min 33.29 sec
There is no street address for this property.
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November 6 , 2015 r
ar; i
Peters 313 Pit DRMS Permit couNT
Exhibit C
Pre-mining and Mining Plan Maps
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Exhibit D
Peters 313 Site Mining Plan
a) Mining 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. Water for 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.
Regrading:
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)
horizontal to vertical in a pattern similar to the pre-mining slopes. The final pit floor configuration
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
Idisturbed areas is as follows:
Buffalo grass (Texoka, Sharps Improved) 2.5 lbs./acre
Little Bluestem 1.5 lbs./acre
Sideoats grama (Vaughn, Butte, Niner, El Reno, Haskell) 2 lbs. /acre
Blue Grama (Hachital, Lovington) 3 lbs./acre
Western wheatgrass (Arriba, Barton, Rosana) 3 lbs./acre
Switchgrass (Grenville, Nebraska 28, Blackwell, Pathfinder) 2 lbs. /acre
Sand dropseed 0.25 lbs./acre
Total: 14.5 lbs./acre
Seeding of the disturbed areas will be completed between December 1 and May 1. The area will
be monitored until 70%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 70%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.
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Exhibit G
Peters 313
Site Water Information
1 ) The Peters 313 mining ope
ration is not expected to directly affect surface or groundwater
systems .
located about half of a mile to the northeast of Porter Creek;
2 ) The Peters 313 property is r. Berms will be
an
intermittent stream that is typically dry most months of the yea
constructed around perimeter the of the permit area to retain onsite surface water
Management Practices) will Erosion control measures ( Best be installed along the
rbed areas . A Colorado Department of Public Health and Environment
perimeter of disturbed
Stormwater Construct
ion 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 en
countered at the site . Weld County will ensure the pit excavation
will not expose groun
dwater in the event that mining exceeds 15 feet by staying a
above groundwater . According to information obtained from the
minimum of two feet Colorado Division of within a
Division Water Resources GIS files, the Peters 313 site is not located
designated groundwater basin .
in and processing operations are expected to be minimal .
3 ) Water needs for gravel min in Water used �estimated to not
in mining and crushing operations and for dust control is estimat
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 .
Elimination System ( NPDES) permit from the Water Quality
5 ) A National Pollutant Discharge on this site
Control
Division at the Colorado Department of Health will not be necessary
because
se 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
Endangered/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 :
• with a native grass mixture . The proposed seed mix for the
Disturbed areas will be reclaimed wit
disturbed areas is as follows :
Shar s Buffalo grass (Texoka, Improved ) 2 .5 lbs . / acre p
1 . 5 lbs ./acre
Little Bluestem
Sideoats grama (Vaughn, Butte, Niner, El Reno, Haskell ) 2 lbs . / acre
LovinBlue Grams ( Hachital, ton ) 3 lbs ./acre
Loving
ton )
wheatgrass (Arriba , Barton , Rosana ) 3 lbs . / acre
Switchgrass
( Grenville, Nebraska 28, Blackwell , Pathfinder) 2 lbs . / acre
Sand dropseed
0 . 25 lbs . / acre
Total : 14. 5 lbs ./acre
completed between December 1 and May 1 . The area will
Seeding of the disturbed areas will be com
be mon
itored until 70% of the original ground cover level is achieved .
pp
Depending on ambient conditions,
the application method for those areas being seeded may be
drilled and crimped . Mulch application at the rate of 2 tons/ac
hand broadcast, hydro-seeded , or p straw
seeding. Mulch may include hay, straw and tackifer . All hay or
may be concurrent with g of the mulch by
mulch shall be cer
tified noxious weed free grass hay or crop straw . At least 70%
in length . Mulch shall not contain any noxious weeds, mold ,
weight shall be 10 inches or more g must, cake, or decay . barle or oat
Straw mulch shall not contain excessive viable grain (wheat, y�
seed . )
Exhibit
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, sandy
II and loamy alluviums (Ardidic Calciustolls and Aridic Argiustolls)
associated with th
e terraces of Porter Creek. These areas are shown on Exhibit C2, and on the map on
the following page .
The site contains
approximately20 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
layer (topsoil ) is greyish brown gravelly sandy loam 4 inches thick, and the
drained soil . The surface y ( p )pa
rt l to a de th of 60
lower is brown very gravelly loamy sand 4 inches thick. The underlying materia , p
inches or more, is calcareous very gravelly ravel ) 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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Soil Map—Weld County, Colorado, Northern Pad
MapUnitLegend
Weld County, Colorado, Northern Part (CO617)
nit S mbol Map Unit Name Acres in AOI Percent of AOI
Map U y 21 .0 25.8%
4 Ascalon fine sandy loam , 0 to 6
percent slopes
51 Peetz gravelly sandy loam, 5 to
60.2 74.2%
20 percent slopes
81 .2 100.0%
Totals for Area of Interest
Web Soil Survey 9/21 /2015
USDA Natural Resources Page 3 of 3
Conservation Service National Cooperative Soil Survey
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
a
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
rem
ain 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-
gradingto stable slopes . Stockpiled topsoil will be placed on re-graded areas prior to re-seeding with
approvedplant type seed mixes . Final site reclamation costs include the cost of native dry land grass
pp Y
seed and mulch application .
The mining p lan includes concurrent regrading of mined areas. It is anticipated that final grading and
pla
cement 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 .
..
RIGHT TO ENTER AGREEMENT
TO OBTAIN SOIL AND/OR GRAVEL
FOR ROAD PURPOSES
THIS AGREEMENT is made and entered into this day of 4 2015 , by, and
between the Board of County Commissioners 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 80732, (hereinafter referred to as "Owner")
WITNESSETH :
WHEREAS, Owner is in possession of certain property located in :
SW Quarter of Section 26 , Township 12 North, Range 63 West of the 6th 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 County, (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 County, and
WHEREAS, Owner and County desire to enter into a Lease Agreement to permit County
to enter onto a designated portion of Owner' s Property (hereinafter referred to as the "Leased
Area") for the purpose of extracting soil/gravel .
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, County and Owner agree as follows:
1 . Property Description: Owner' s Property , which is subject to the terms of this
Agreement, is the real property described and shown in attached, Exhibit "A," which
consists of a legal description and maps . The Leased Area to be mined for gravel is
depicted in the attached Exhibit " B" by a diagram. ( Exhibits A and B are attached
hereto and made a part hereof by this reference .
2 . Term of Agreement : The Term of this Agreement shall begin on the date of
approval of the Section 112c Permit from the Colorado Division of Reclamation,
Mining and Safety (hereinafter `'DR.MS") for the mining of Owner' s Property, and
shall continue until and through the date of final release of the permit by DRMS ,
except that this Agreement shall be enforceable upon execution. Each party agrees to
a lease period of five, 1 -year periods. After the initial 5 -year lease period, Owner will
have the option of extending the lease with additional 1 -year periods to be added
automatically until mining is complete . If the Owner does not wish to extend the
lease, Weld County will commence with reclamation activities . Should the Owner
want to keep the pit open but not lease it to Weld County, the County will transfer the
Page 1 of5
permit to the Owner. Owner will be responsible for posting the reclamation bonds
required by DRMS . The parties specifically acknowledge that a temporary or
permanent cessation of mining activities does not terminate the Agreement; the
Agreement extends to the DRMS release of the permit.
3. Royalty Payments : During the first five 1 -year periods, County shall pay to Owner a
royalty of seventy- five cents ($0 . 75 ) per ton for all soil/gravel material removed from
the Leased Area described in Paragraph 1 above . Said royalty payment shall be made
on or before the last day of the month following the month after which the soil, sand
and/or gravel is removed . After the first five, 1 -year periods and every five, 1 -year
periods after that, Owner may renegotiate the royalty amount with County . Owner
shall provide 30 days written notice to County that he would like to renegotiate the
royalty payment rate.
4. Owner' s Obligations: Owner agrees to the following terms and conditions :
a. Owner grants to County the exclusive right to enter access and/or use the Leased
Area throughout the Term of this Agreement for all purposes related to the removal,
processing and crushing of soil , sand and/or gravel and to conduct reclamation
activities following the cessation of mining activities.
b . Owner grants to County the right to bring equipment onto the Leased Area which
is deemed necessary by County to remove tide soil, sand and/or gravel and to crush
said gravel as required by County for its Project(s), and also to complete its
reclamation activities after mining activities have ceased.
c. Owner shall provide land for a haul route from a public road directly to the Leased
Area. The haul route is depicted on 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 efforts to secure a mining permit, or with its efforts to reclaim the property
following the 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
permitting process shall be paid by County .
1. Owner shall provide his social security number or tax identification number to the
Weld County Controller, and County will annually issue to Owner an IRS tax form
1099 to report the royalties paid and/or taken in kind pursuant to the terms of this
Agreement.
5. County 's Obligations: County agrees to the following terms and conditions:
a. County shall construct and maintain the haul route described in Paragraph 4.c.
above, in good condition, and shall remove said haul route and restore it to its
original condition upon the termination of this Agreement if requested to do so by
Owner.
b . County shall maintain accurate records of all soil, sand and/or gravel removed from
the property described in Paragraph i above, and shall make said records available
Page 2 of 5
to Owner for inspection in its offices located at ! Ill H Street, Greeley , Colorado,
during normal business hours, Monday through Friday, except during holidays
recognized by Weld County . Each royalty payment made to Owner shall be
accompanied by a statement of the amount of gravel mined by County since the
close of the previous mining period for which the previous royalty payment was
made.
c . County shall be responsible for obtaining all necessary State, County and Federal
permits, which shall not include permits for asphalt and/or concrete batch plants.
County shall pay the 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, specifically 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
mining activities, County shall remove the improvements, unless Owner requests
that such improvements remain . If County constructs a temporary entrance/exit on
the leased area, said temporary entrance/exit may be left intact for Owner' s use only
if an access permit can he issued to Owner consistent with Weld County policy
concerning such permits.
e . County shall notify Owner thirty ( 30) days prior to the commencement of mining
activities.
1. County shall notify Owner thirty (30) days prior to the cessation of mining
activities . The term of this Agreement, however, will extend to the date of the
release of the permit by the Colorado Division of Reclamation, 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 Mail, Return Receipt, or by E-mail, with a
Confirmation of Receipt, as follows :
OWNER: John L . Peters
ADDRESS : P .O. Box 37,
I Iereford, CO 80732
COUNTY : Jay McDonald, Director of Public Works
ADDRESS : P .O . Box 758
Greeley , Colorado 80632
EMAIL: jmedouald@co .weld . co . us
7. Non-Assignment: This Agreement shall not be assigned by either party without the
express written consent of the other party. Such consent shall not be unreasonably
withheld .
Page 3 of S
8. Recitals: Each of the Recitals set forth in the introduction of this Agreement forms a
part of this Agreement and is expressly incorporated into this Agreement of the parties.
9. Approval by the Board of County Commissioners of Weld County: This
Agreement shall not be valid until it has been first approved by the Board of County
Commissioners of Weld County, Colorado or its designee .
10. Governmental Immunity : No term or condition of this contract shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
protections or other provisions, of the Colorado Governmental Immunity Act § §24- 10-
101 et seq., as applicable now or hereafter amended.
11 . No Third Party Beneficiary Enforcement: It is expressly understood and agreed that
the enforcement 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 Agreement shall give 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
undersigned parties that any entity other than the undersigned parties receiving services
or benefits under this Agreement shall be an incidental beneficiary only .
12. Entire Agreement/Modifications : This Agreement contains the entire agreement
between the parties hereto and supersedes any other agreements concerning 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, unless mutually agreed upon in writing by the parties to this
Agreement. This Agreement may be changed or supplemented only by a written
g b
instrument signed by both parties .
13. Acceptance 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. Any consent
by any party hereto, or waiver of a breach by the other party , whether express or
implied, shall not constitute a consent to, waiver of, or excuse for any other different
or subsequent breach.
14. Interruptions: 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, war, flood, earthquakes or
Governmental actions.
15. No Conflict. During the term of this Agreement, no employee of Owner nor any
member of Owner' 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. Severability. If any term or condition of this Agreement shall be held to be invalid,
Page 4 of 5
•
illegal, or unenforceable, this Agreement shall be construed and enforced without such
provision, to the extent that this Agreement is then capable of execution within the
original intent of the parties.
17. Attorney's Fees/Lenai Costs: In the event of a dispute between County and Owner
concerning this Agreement, the parties agree that County 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 Availability: Financial obligations of County, payable after the current fiscal
year, are contingent upon funds for that purpose being appropriated, budgeted and
otherwise made available. By execution of this Agreement, County does not warrant
that funds will be available to fund this Agreement beyond the current fiscal year. 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. ri i Owner Signature : L �� Date : ,cari .
•
of 076tr`
Printed Name: John ers
WELD COUNTY:
ATTEST: at a oiLet;e1 BOARD OF COUNTY COMMISSIONERS
Weld Coun the it Ziarrs WELD COUNTY, COLORADO
/ A •
BY: illielnIPPI
C
to the B + 'f .c_1'4 �) `� arbara Kirkmey r, Chair
Deputy C - k .fi , > J7' 1 9 2015
04: at
if , „tic', ws
ki ;:;*4 - al
ttWAPPROVED ! : STANCE:
APPROVED AS TO FUN L 1 + )- 4 AS
2444a,a. / , >/:% "Le. ' ,
Controller I El - • icial or Department Head
APPROVED AS TO FORM: N 171
Director of General Services
AS &AA-04.4
County Attorney �, 3 /0�aI 7
,� 3
Page 5 of 5
Exhibit A
Legal Property Description
Approximately 80 acres, located in the South half of the Southwest quarter (S '/Z of SW 'A), of
Township 12 North, Range 63 West, of the 6th 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 north of the Southwest corner of Section 26,
Township 12 North, Range 63 West, of the 6th P. M. and commencing thence Soo°37 ' 14"W a
distance of 1124 feet.
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lie•Proposed Lease Area
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August 2015
Peters 313 Pit Lease Agreement Ise es % e
Exhibit 0
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
Exhibit R
Peters 313 Proof of Filing with the County Clerk and Recorder
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.
p
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 .
Agr
eements will be mailed via certified mail to each structure owner. Proof of mailing and any
agreements received are attached .
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