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Home My WebLink About20143503.tiff Pine Bluffs Gravel 24 ExcavaVng, Inc. PO Bc 609 -- Pine flu ` s, WY 82082 February 23,2015 RECEIVED FEB 2 6 2015 Weld County Commissioners 1150 O St. WELD COUNTY Greeley,Colorado 80631 COMMISSIONERS RE: Pine Bluffs Gravel&Excavating Inc. Harms Pit Reclamation Permit Application To Whom It May Concern, Pine Bluffs Gravel&Excavating Inc.has applied for a Regular(112)Reclamation Permit from the Colorado Division of Reclamation, Mining and Safety Board to conduct the extraction of construction materials in Weld County. Attached are the revised pages and maps according to the letter we received from Peter Hays at the Colorado Division of Reclamation,Mining and Safety. Please attach them appropriately into the book we sent you for display. We appreciate your help in this matter. Please ensure that this copy is available for review pursuant to 2 CCR 407-4 Rule 1.6.2(1). If you have any questions regarding this information please contact me at(307)245-3676. Sincerely, Samantha Beck Pine Bluffs Gravel and Excavating Inc. `lubticiviic.l.H 3-a-a015 CC-PC-PO ala O7O14-3533 600 Parsons St — LOCATIONS - 1234 South Glendo Highway Pine Bluffs. WY 82082 Glendo. WY 82213 Phone - 307-245-3676 Phone—307-735-4005 Fax- 307-245-3748 Fax- 307-735-4030 USDA United States Forest Pawnee Ranger District 660 O Street �,��. Department of Service Greeley,CO 80631 _ Agriculture 970-346-5000 TDD:970-346-5015 FAX: 970-346-5014 File Code: 2800 Date: January 22, 2015 Peter Hays Environmental Protection Specialist Colorado Division of Reclamation, Mining & Safety 1313 Sherman Street, Room 215 Denver, CO 80203 Dear Mr. Hays, I have been notified by Pine Bluffs Gravel & Excavating, Inc. (PBGEI) of its application to Colorado Division of Reclamation,Mining& Safety(CDRMS)to change the mining permit for the Harms Pit located entirely on private lands in the vicinity of Pawnee National Grassland in Weld County, Colorado. The enclosed vicinity map shows the location of the mining operation,the access road, and the closest parcels of the Pawnee National Grassland, which is managed by the United States Forest Service(Forest Service). My staff and I have reviewed the application submitted by PBGEI to CDRMS for a change in the operation at the Harms Pit from a 110c permit to 112c permit with an expanded mine area of approximately 32.2 acres, as shown on the enclosed map. The Forest Service has no concerns regarding the proposed permit change and mining operation expansion. If you have any questions,please contact Vern Koehler, Minerals & Lands Staff Officer, at 970- 346-5005 or vkoehler(a fs.fed.us. Sincerely, LS/CURTIS YOUNGMAN CURTIS YOUNGMAN District Ranger cc: Vernon E. Koehler Enclosure `'�"' Caring for the Land and Serving People Printed on Recycled Paper 1••ente...trIN ... tdt. r,...,.:::,, i , .._ 'N. \ - . "0 >. - >., ow a) cp r- �:. 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Attn: Ms. Samantha Beck 303 Industrial Road Pine Bluffs,WY 82082 Re: Redtail Natural Gas Pipeline Trailblazer Pipeline Company LLC Tallgrass Energy Partners, LP Ms. Beck: Let it be known that Trailblazer Pipeline Company LLC,a wholly owned subsidiary of Tallgrass Energy Partners, LP,owns and operates a natural gas pipeline known as the Redtail Pipeline.The Redtail Pipeline originates in Section 21, Township 10 North, Range 58 West,61"P.M.,Weld County, CO, then routes approximately 16 miles north to an interconnect with the Trailblazer Pipeline in Section 17, Township 12 North, Range 57 West,6t°P.M., Kimball County, NE. The Redtail Pipeline also passes through Section 34, Township 11 North, Range 58 West,6th P.M., west of the Harms Gravel Pit, which Pine Bluffs Gravel and Excavating Inc. operates. I hope this letter clarifies the ownership and operation of the Redtail Pipeline. Please don't hesitate to contact me if I can be of further assistance. Sincerely, TRAILBLAZER PIPE NE COMPANY LLC Cody Wagoner Senior Agent, Land&Right of Way 370 Van Gordon Street Lakewood, CO 80228-1519 303.763.2950 Samm Beck From: Casey Quint <caseyquint@wigginstel.com> Sent: Wednesday,January 21, 2015 11:42 AM To: samm@pbgravel.com Subject: Harms Pit Attachments: SKM_C454e15012111350.pdf In Section 34 T11N R58W Wiggins Telephone has no facilities. I have attached a screen shot of our map showing that section highlighted. Please let me know if you need anything else. Casey Quint Plant Manager Wiggins Telephone (970) 483-7343 This e-mail and any attachments transmitted with it are the property of Wiggins Telephone and may contain information that is confidential or otherwise protected from disclosure. The information it contains is intended solely for the use of the one to whom it is addressed and any other recipient should destroy all copies. 1 • • . • l I . I • • • • as-`+ • NA0.;J(C r Q '. M ` CD\ Cr Samm Beck From: Sally Lance <Sally.Lance@infigen-us.com> Sent Friday,January 23, 2015 8:10 AM To: Samm Beck Cc: Richard Hazlitt; Robert Martin; Greg Fair Subject: RE: UNCC EMLCFM 2015/01/08 #02350 A500800617-00A ENGR NEW LREQ Dear Samantha, We have verified that Cedar Creek I, located at the address below, have no lines in the area in question. Thanks you for your time. Sally Lance Administrative Assistant/Cedar Creek Cedar Creek Wind Energy LLC 59550 County Road 105 Grover,CO 80729 970-895-2280 Original Message From: Samm Beck [mailto:samm@pbgravel.comj Sent:Thursday,January 22,2015 10:04 AM To:Sally Lance Subject: FW: UNCC EMLCFM 2015/01/08#02350 A500800617-00A ENGR NEW LREQ Sally, Thank you for your help in clearing this up for the state. Here is the locate email we received after we called one call. If you find that you have no easements or utilities along Weld County Road 127 in front of the Harms Pit whose legal description is Section 34 Township 11 North Range 58 West and the closest intersecting road is 124, could we please get a letter stating that from your office. If you have any further questions please feel free to call me at(307)245-3676. I will also contact you in the morning to confirm you received this and to see if you need anything further from us. Have a Wonderful Day! Samantha Beck Pine Bluffs Gravel and Excavating Inc. (307)245-3676 Original Message From: Lonny Graves [mailto:lonnv@pbgravel.coml Sent:Thursday,January 22,2015 9:57 AM To: samm@pbgravel.com Subject: FW: UNCC EMLCFM 2015/01/08#02350 A500800617-00A ENGR NEW LREQ 1 Lonny Graves Pine Bluffs Gravel & Excavating, Inc. PO Box 609 Pine Bluffs, WY 82082 307-245-3676 Phone 307-245-3748 Fax Original Message From: OCARS Pro@uncc.org[mailto:OCARS Pro@uncc.orgj Sent:Thursday,January 08,2015 10:54 AM To: lonny@pbgravel.com Subject: UNCC EMLCFM 2015/01/08#02350 A500800617-00A ENGR NEW LREQ EMLCFM 02350 UNCCa 01/08/15 10:53 AM A500800617-00A ENGR NEW STRT LREQ Ticket Nbr:A500800617-00A Original Call Date:01/08/15 Time: 10:53 AM Op: DMH Locate By Date :01/12/15 Time: 11:59 PM Meet: N Extended job: N State: CO County: WELD City: Addr: 0 Street: COUNTY ROAD 127 Near Intersection(s): COUNTY ROAD 124 Grids: 11N058W33*E : 11N058W34*W Legal: Y Lat/Long:40.884095/-103.865126 40.884095/-103.858033 :40.879508/403.865126 40.879508/-103.858033 Type of Work: ENGINEERING Exp.: N Boring: N Location: FROM W/MOST INTERSECT, CONT S/APX .5MI TO PREMARKED AREA ON E/SD BY :TWO GREEN GATES. LOC 25FT N/FROM CENTER OF GATES TO INCLUDE STREET : R/O/W TO R/O/W.ALSO CONT LOC 5/25FT FROM GATES TO INCLUDE STREET : R/O/W TO R/O/W. *ACCESS OPEN* C/C NEW RAYMER. PER CALLER REQUEST, : PLEASE LOC BY 1/23/2015 FOR STATE REGULATION CHECK. Company : PINE BLUFFS GRAVEL Type: NONR Caller : LONNY GRAVES Phone: (307)245-3676 Fax: Email: lonnv@pbgravel.com Done for: SELF Remarks: Members BPWNDCC= BP WIND ENERGY-CEDAR CREEK WGTL01=WIGGINS TELEPHONE ASSOCIATIO You are responsible for contacting any other utilities that are not listed above including the following tier 2 members not notified by the center: (none) This email is free from viruses and malware because avast! Antivirus protection is active. http://www.avast.com 2 CONFIDENTIALITY NOTICE:This electronic transmission (including any files attached hereto) contains confidential information that is legally privileged, confidential,and exempt from disclosure.The information is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient or any employee or agent responsible for delivering the message to the intended recipient,you are hereby notified that any disclosure,dissemination,copying, distribution, or the taking of any action in reliance on the contents of this confidential information is strictly prohibited. If you have received this communication in error, please destroy it and immediately notify us by telephone. 3 U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT a (Domestic Mail Only;No Insurance.Coverage Provided} -- N For. ;infonnationvisit our wetrsite atwwwassps .m , ..:' °MET to soot__- c c s $i,q0 086 e. rn a 30 l S — �s�ral� O l r- `'fir *7.40 02/24/201Q H N P 1 X iS 3 e.g , r n sCAQSt PS Form 3a0O,August 2006 ;tee Reverse fortis . :., s Y t...f'..1 NE .tit st., a2 ----- . SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete "� '` ';•'' f f•? ► a �•- item 4 if Restricted Delivery is desired. r . • Print your name and address on the reverse X a4 d so that we can return the card to you. t �V `�'t� ❑Addressee El this card to the back of the mailpiece, B. Ij�eiv b (Printed Name) C. Date of Delivery or on the front if space permits. IM A-/ P4" rr�4 / /,2, 1. Article Addressed to: D. Is delivery address different from item 1? O Yes If YES,enter delivery address below: Jio-- tt- Q I 0_e? .j- (:•- .&.v.:1 / 3fc„r-jLi 6-7 i. r C F , k&r..C i 3 - 3. Service Type N. /) CICertified Mail O Express Mail try rr�� $0 4 O Registered O Return Receipt for Merchandise O Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes A le 2. (ransferumber froms 7012 3460 0000 8332 7639 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature r- rs- item 4 if Restricted Delivery is desired. fat //% ❑Agent X • Print your name and address on the reverse Lvj du`71a. ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date leli • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is deliveiy affdress different from item 1? ❑Yes 1. Article Addr sed to: If YES;eat&delivery address below: ❑ No 'Tb V)r,e4r uff.S I&t+t e,at Cairo SS • ftt‘tn - Cern Kpu.hkor loco gel 3. Service Type �-+ t 3 ❑Certified Mail ❑Express Mall Registered ❑Return Receipt for Merchandise ❑ Insured Mall O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7012 3460 0000 8332 7615 (Transfer from service labe PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 Pine Bluffs Gravel & Excavating, Inc. PO Box 609 — Pine Bluffs, WY 82082 January 20,2015 Mr.Peter S. Hays Division of Reclamation,Mining and Safety Department of Natural Resources 1313 Sherman St.,Room 215 Denver,Colorado 80203 RE: Letter from Colorado Division of Water Resources Dear Mr.Hays, Pine Bluffs Gravel and Excavating Inc.is in receipt of the letter from Colorado Division of Water Resources addressing the conversion of the Harms Pit from a 110 Permit to a 112 Permit and in accordance with the conditions for approval Pine Bluffs Gravel does not anticipate exposing groundwater during or after the mining operation,staying a minimum of two feet above the groundwater table. Furthermore we will be obtaining a limited amount of water from the Harms Well to be used during the mining process and attached is the legal and binding water agreement for the water usage. Per page 10 in our application storm water runoff will not be diverted or intercepted by constructed impoundments. Any water encountered in the mining process will drain back to the mined areas. Because the pit is a depression, storm water will not drain away from the affected area. Sincerely, Lonny Graves Manager Pine Bluffs Gravel and Excavating Inc. 600 Parsons St - LOCATIONS - 1234 South Glendo Highway Pine Bluffs, WY 82082 Glendo. WY 82213 Phone-307-245-3676 Phone—307-735-4005 Fax- 307-245-3748 Fax—307-735-4030 Pine Bluffs Gravel & Excavating, Inc. PO Box 609 — Pine Bluffs, WY 82082 January 20,2015 Mr.Peter S.Hays Division of Reclamation,Mining and Safety Department of Natural Resources 1313 Sherman St.,Room 215 Denver,Colorado 80203 RE: Letter from History Colorado Dear Mr. Hays, Pine Bluffs Gravel and Excavating Inc. is in receipt of the letter from History Colorado addressing(SHPO Project#67034)and in accordance with State law C.R.S.24-80,part 13 if at any time during our excavating of the Harms Pit we discover any human remains we will immediately notify the state authorities,beginning with the county coroner. Stopping all work until a more thorough investigation can take place by the proper authorities to identify cultural resources that might exist. Sincerely, Lonny Graves Manager Pine Bluffs Gravel and Excavating Inc. 600 Parsons St - LOCATIONS - 1234 South Glendo Highway Pine Bluffs,WY 82082 Glenda,WY 82213 Phone-307-245-3676 Phone—307-735-4005 Fax- 307-245-3748 Fax—307-735-4030 Pine Bluffs Gravel & Excavating, Inc. PO Box 609 — Pine Bluffs, WY 82082 January 7,2015 Ms. Carly Koppes Weld County Clerk and Recorder 1402 N 17th Ave. Greeley,Colorado 80631 RE: Pine Bluffs Gravel&Excavating Inc. Harms Pit Reclamation Permit Application Dear Ms Koppes, Pine Bluffs Gravel&Excavating Inc.has applied for a Regular(112)Reclamation Permit from the Colorado Division of Reclamation, Mining and Safety Board to conduct the extraction of construction materials in Weld County. Attached are the revised pages and maps according to the letter we received from Peter Hays at the Colorado Division of Reclamation,Mining and Safety. Please attach them appropriately into the book we sent you for display. We appreciate your help in this matter. Please ensure that this copy is available for public review pursuant to 2 CCR 407-4 Rule 1.6.2(1). If you have any questions regarding this information please contact me at(307)245-3676. Sincerely, Samantha Beck Pine Bluffs Gravel and Excavating Inc. �{U�lte2evie44) l- J9- lc 'a:Pit) '/t3 2O/14-35O3 600 Parsons St - LOCATIONS - 1234 South Glendo Highway Pine Bluffs, WY 82082 Glendo, WY 82213 Phone- 307-245-3676 Phone—307-735-4005 Fax- 307-245-3748 Fax—307-735-4030 Affidavit of Publication STATE OF COLORADO ss. County of Weld, i Cassie Clarken of said County of Weld, being duly sworn, say that 1 am an advertising clerk of THE GREELEY TRIBUNE, that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive(days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the fast publication of said notice was contained in the PUBLIC NOTICE Twenty-eighth day of November A.D. 2014 and Pine Bluffs Gravel&Excavating, no,,PO Box 60a Pine Bluffs, the last publication thereof: in the issue of said Wyoming 82082,pbone(307)245-3676,has fled an conversion application with the Colorado Division of Reclamation,Mining, newspaper bearing the date of the and Safety Board,for a conversion of our current 110 Construc- tion Materials Limited Application to a 112 Regular Operation, Nineteenth day of December A.D. 2014 that said under provisions of the Colorado Land Reclamation Act for the Sfttraction of Conatmction Materials. The location of the current The Greeley Tribune has been published minhon a o°wnshipt11 NNorthsRange 58 West.6th at or continuously and uninterruptedly during the period The mina is currently being mined under a 110 permit and the of at least six months next prior to the first issue purposed date of completion is fee years from the conversion or thereof contained said notice or advertisement after January 8,2031. The proposed future use of the land is pasture sand. above referred to; that said newspaper has been Accncna:informa.ion and tentative decision date may be ob- admitted to the United States mails as second-class tained from the Division of Reclamation,Mining and- Safety.1313 oham,an St reet.Room 215,Denver.Colorado 80631, matter under the provisions of the Act of March i303i866-3=67.or at the Weld County Clerk and Recorders Of- fice.11002 N.17th Ave.Greeley.Colorado 89631. A complete 3,1879, or any amendments thereof; and that said apo!ic_ion is available at the above-named County Clerk and Recorders office and at the Division's office. newspaper is a daily newspaper duly qualified for Comments concerning the application end exhibits must be in publishing legal notices and advertisements within writing and must be receives'by the pivston of.Reclamation, ',Wang and Safetyby 400 p ph January 8,2015: the meaning of the laws of the State of Colorado. The Tribune November 28,December 5,12,19,2014 November 28.December 5, 12, 19, 2014 Total Charges: $168.00- 19th day of December 2014 My Commission Expires 6/14/2017 Notary Public mar-—dY ROBERT LITTLENOTARY PUBLIC y; OF COLORADO DO A1V C0MMI$5l0pj E7(RRES JUNE 14,2017 Pine Bluffs Gravel &Excavating, Inc. October 31, 2014 Harms Pit 6.4.3 f.XHIBIT f-Pre-minino and Minino Plan Man(¢l of Af rrted(.ands One or more maps may be necessary to legibly portray the following information: The Harms Pit is located in Section 34, Township 11 North, Range 58 West near the intersection of County Road 124 and County Road 127 in Weld County, Colorado. The property has been used as a gravel mine under Colorado Division of Reclamation, Mining and Safety 110 (small mine) Permit M-2013-018. The operator intends to expand the mining area to include approximately 32.2 acres including the access road. Maps referenced below address the requirements of this 112 Reclamation Permit application for the expansion of the Harms pit. (a) all adjoining surface owners of record; See Map C-1. Harms Ranch, LLC owns all of the permit and surrounding surface lands in Section 34. The U.S. Forest Service is an adjoining surface owner to the access road across County Road 127. (b) the name and location of all creeks, roads, buildings, oil and gas wells and lines, and power and communication lines on the area of affected land and within two hundred (200)feet of all boundaries of such area; See Map C-2. (c) the existing topography of the area with contour lines of sufficient detail to portray the direction and rate of slope of the affected land; See Map C-2. (d) the total area to be involved in the operation, including the area to be mined and the area of affected lands(see definition of"Affected Land"); See Map C-2. (e) the type of present vegetation covering the affected lands;and The aerial photograph used in the background of Map D-1 shows that the area to be disturbed by mining is currently in use as dryland cropland. (f) in conjunction with Exhibit G-Water Information,Subsection 6.4.7,if required by the Office,further water resources information will be presented on a map in this section. No natural water resources are located on or adjacent to the affected area. No further water resources information is required. 112(3)(c), 115(4)(e) (g) Show the owner's name,type of structures,and location of all significant, valuable,and permanent man-made structures contained on the area of affected land and within two hundred(200)feet of the affected land. See Map C-1. Harms Ranch, LLC is the owner of record of all of Section 34, T11 N, R58W. No man-made structures are located within the affected area. A wind turbine (Tower N-9 of the Cedar Creek II Wind Farm) is located approximately 232 feet northeast of the affected area and is the closest man-made structure. Map C-1 illustrates the location of a Trailblazer Pipeline Company's 40' easement for a pipeline that crosses the access road. There are also utility lines associated with the nearby wind turbines. 6 Pine Bluffs Gravel&Excavating, Inc. October 31,2014 Harms Pit 6.4.15 EXHIBIT O-Owner(sl of Record of Affected Land(Surface Areal and Owners of $ubctanre to be Mined The complete list of all owners can be submitted as a list or on a map in Exhibit C. Harms Ranch, LLC is the owner of all of Section 34, T11 N, R58W and the sand/gravel to be mined. 40 Pine s Jravei PA Excavating, Inc 0 p December 1,2014 Cody Wagoner Tallgrass Energy Partners,LP 370 Van Gordon St. Lakewood,Colorado 80228 RE: Public notice from Pine Bluffs Gravel and Excavating Inc. Dear Mr.Wagoner, In compliance with the Colorado Division of Reclamation,Mining and Safety rules we are sending you this public notice of the conversion of our currently 110 permit to a 112 permit at the Harms Pit. Additionally at the bottom in the notes you can see when it will be published. If you have any questions or concerns please feel free to contact myself Doug Keller or Peter Hays at the Colorado Division of Reclamation,Mining and Safety. Sincerely, ,. Samantha Beck Pine Bluffs Gravel and Excavating Inc. (307)245-3676 PUBLIC NOTICE Pine Bluffs Gravel &Excavating, Inc., PO Box 609, Pine Bluffs,Wyoming 82082, phone (307)245-3676, has filed an conversion application with the Colorado Division of Reclamation, Mining, and Safety Board, for a conversion of our current 110 Construction Materials Limited Application to a 112 Regular Operation,under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. The location of the current mine is known as the Harms Pit and is located at or near Section 34,Township 11 North, Range 58 West, 6th Prime Meridian. . The mine is currently being mined under a 110 permit and the purposed date of completion is five years from the conversion or after January 8, 2031. The proposed future use of the land is pasture land. Additional information and tentative decision date may be obtained from the Division of Reclamation, Mining and Safety, 1313 Sherman Street, Room 215, Denver,Colorado 80631, (303)866-3567,or at the Weld County Clerk and Recorders Office, 1402 N. 17th Ave,Greeley,Colorado 80631. A complete 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 January 8,2015. NOTES TO PUBLISHER: Please publish this once on the first publication date available following receipt of this notice which would be 11/28,14,as well as 12/5/14, 12/12/14, and 12/19/14. Please return an affidavit of publication or proof of publication for each date published along with a copy of the publication to Pine Bluffs Gravel and Excavating, Inc., P.O. Box 609, Pine Bluffs,WY 82082. Send the bill to Pine Bluffs Gravel and Excavating Inc.,at P.O. Box 609, Pine Bluffs,Wyoming 82082. If you need paid before printing please call Samm at Pine Bluffs Gravel and I will get you a credit card number to pay for this. (307)245-3676. Thank you for your time. SEN•E':C•M'LETE TH/S SECT/•N C•M•LETS 7HiS SECTI•N.N.ELIVE•Y ■ Complete items 1,2,and 3.Also complete A. Signature ..\•- r X !tern 4 if Restricted Delivery is desired. _ - '� `t-" " P Print your name and address on the reverse '`.'-� t.`..1 .',` r'' l O Addt,71ressee so that we can return the card to you. ddressee B. Receive.,, {Panted Nar-3tej C. Date of Q livery III Attach this card to the back of the mailpiece, or on the front if space permits. ✓'�!. yy „ k;' '• 7-'/7 t Article Addressed to: D. Is belivery address different from item 1? O Yes _ n If YES,enter delivery address below: ---O_!yo =S 1.^ �5. a .-, `≥ti ic-lTh - - i i t 3. (Service Type .1 .. .. ,,c7_-1 ` ';` -.�� Cer~:ned Mal ❑Express Mai; O Registered O Return Receipt for Merchandise O Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) 7012 3460 0000 8332 7592 PS Form 3811, February 2004 Domestic Return Receipt l ersss-oz-v-tsac U.S. Postal Service CERTIFIED MAIL .. RECEIPT Ili Q. (Domestic Marl Only:No Insurance Coverage Provided) M1 w Far delivery information visit our website at ww ,usps.cem: ru rn -- rn - -2g. ' ti,'.o'. ._.. o -- 1..7,1i 0 ..o m —_ -- IL T�\\,a 6 cc 11S i` ,� �} L .(t..-f�c"?L T i D.)C r-IN .Lnc, Az', t • \C.eurs>l CCU 'SL _ . PS Fern,3500-AIR",s,-'00c See Roverse ro,n,stroruo„s Pine Bluffs Gravel & Excavating, Inc. PO Box 609 — Pine Bluffs, WY 82082 • January 5,2015 Vern Koehler Pawnee Buttes National Grassland 660 O Street Greeley,Colorado 80631 RE: Public notice from Pine Bluffs Gravel and Excavating Inc. Dear Mr.Koehler, In compliance with the Colorado Division of Reclamation,Mining and Safety rules we are sending you this public notice of the conversion of our currently 110 permit to a 112 permit at the Harms Pit. Additionally at the bottom in the notes you can see when it will be published. If you have any questions or concerns please feel free to contact myself, Lonny Graves or Peter Hays at the Colorado Division of Reclamation,Mining and Safety. Sincerely, el g NU- c/.<12 _ Samantha Beck • Pine Bluffs Gravel and Excavating Inc. (307)245-3676 • 600 Parsons St _ LOCATIONS ^ 1234 South Glendo Highwav Pine Bluffs. WY 82082 Glendo. WY 822'3 Phone -307-245-3676 Phone—307-735-4005 Fax - 307-245-3748 Fax- 307-735-4030 PUBLIC NOTICE Pine Bluffs Gravel & Excavating, Inc., PO Box 609, Pine Bluffs,Wyoming 82082, phone (307)245-3676, has filed an conversion application with the Colorado Division of Reclamation, Mining,and Safety Board, for a conversion of our current 110 Construction Materials Limited Application to a 112 Regular Operation, under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. The location of the current mine is known as the Harms Pit and is located at or near Section 34,Township 11 North, Range 58 West,6th Prime Meridian. . The mine is currently being mined under a 110 permit and the purposed date of completion is five years from the conversion or after January 8, 2031. The proposed future use of the land is pasture land. Additional information and tentative decision date may be obtained from the Division of Reclamation, Mining and Safety, 1313 Sherman Street, Room 215, Denver,Colorado 80631, (303)866-3567,or at the Weld County Clerk and Recorders Office, 1402 N. 17th Ave, Greeley, Colorado 80631. A complete 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 January 8,2015. NOTES TO PUBLISHER: Please publish this once on the first publication date available following receipt of this notice which would be 11/28,14,as well as 12/5/14, 12/12/14, and 12/19/14. Please return an affidavit of publication or proof of publication for each date published along with a copy of the publication to Pine Bluffs Gravel and Excavating, Inc., P.O. Box 609, Pine Bluffs,WY 82082. Send the bill to Pine Bluffs Gravel and Excavating Inc.,at P.O. Box 609, Pine Bluffs,Wyoming 82082. If you need paid before printing please call Samm at Pine Bluffs Gravel and I will get you a credit card number to pay for this. (307)245-3676. Thank you for your time. U.S. Postal Service,,., Ln CERTIFIED MAILTM RECEIPT t..l (Domestic Mail Only;No Insurance Coverage Provided) `� P•r•alive f� ryint•rma6•n visit ur we•site at www.us•sum;:, mn M do Postage $ rk St" OO Certified Fee ?L Q Return Receipt Fee J I Postmark O (Endorsement Required) Lr'n`" JAN Here r 7[ Restricted Delivery Fee 2015 p (Endorsement Required) .A mTotal Postage 8 Fees $ t L tU ant To ''a - -_ _ p �� n�p / 082 .9� _13th?%S 1Y4 � U�xS __ O SYrae;Api Ato.i .•• N or PO Box No. 1O (� c..).' -- 5 rm 3 .August 210 0 Fa :t, 8 See averse t•r lnslructi•ns I 4Qv-1d: 1t9 ffc-e SENDER: COMPLETE THIS SECTION C•M'LETE 7fifS SEC TI•N •N 1EL!VE•1' • Complete items 1,2,and 3.Also complete A. Si.nature item 4 if Restricted Delivery is desired. X "IgAgent 0 Addressee • Print your name and address on the reverse .L.' so that yve can return the card to you. B. Received by(Printed N e) C. Date of elivery ■ Attachhis card to the back of the mailpiece, •`� or on.t#e#ront if space permits. D. Is delivery address different from item 1? ❑ es 1. Article !_ressed to: If YES,enter delivery address below: O No sa-it wcs,R. t3o {�{{ r 1 p 3. Service Type a 1 n `/l'..O �, W i1 O U h Certified Mall 0 Express Mail 1 1 C7 0 Registered O Return Receipt for Merchandise ❑Insured Mall O C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7012 3460 000[1 8332 7608 (Transfer from service/she!) 08 Formi3811,1"ebl 2004± I i aomestlic Return Receipt 102595-02-M•1540 Pine Bluffs Gravel & Excavating, Inc. PO Box 609 — Pine Bluffs, WY 82082 December 29,2014 Harms Ranch,LLC. 52715 WCR 136 Pine Bluffs,Wyoming 82082 RE: Public notice from Pine Bluffs Gravel and Excavating Inc. Dear Janyce, In compliance with the Colorado Division of Reclamation, Mining and Safety rules we are sending you this public notice of the conversion of our currently 110 permit to a 112 permit at the Harms Pit. Additionally at the bottom in the notes you can see when it will be published. If you have any questions or concerns please feel free to contact myself,Doug Keller or Peter Hays at the Colorado Division of Reclamation,Mining and Safety. Sincerely, � � n e Samantha Beck Pine Bluffs Gravel and Excavating Inc. (307)245-3676 600 Parsons St ^ LOCATIONS - 1234 South Glenda Highway Pine Bluffs, WY 82082 Glenda. WY 82213 Phone -307-245-3676 Phone— 307-735-4005 Fax- 307-245-3748 Fax—307-735-4030 PUBLIC NOTICE Pine Bluffs Gravel &Excavating, Inc., PO Box 609, Pine Bluffs,Wyoming 82082, phone (307)245-3676, has filed an conversion application with the Colorado Division of Reclamation, Mining,and Safety Board, for a conversion of our current 110 Construction Materials Limited Application to a 112 Regular Operation,under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. The location of the current mine is known as the Harms Pit and is located at or near Section 34,Township 11 North, Range 58 West, 6th Prime Meridian. . The mine is currently being mined under a 110 permit and the purposed date of completion is five years from the conversion or after January 8, 2031. The proposed future use of the land is pasture land. Additional information and tentative decision date may be obtained from the Division of Reclamation, Mining and Safety, 1313 Sherman Street, Room 215, Denver,Colorado 80631, (303)866-3567,or at the Weld County Clerk and Recorders Office, 1402 N. 17th Ave, Greeley,Colorado 80631. A complete 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 January 8,2015. NOTES TO PUBLISHER: Please publish this once on the first publication date available following receipt of this notice which would be 11/28,14,as well as 12/5/14, 12/12/14, and 12/19/14. Please return an affidavit of publication or proof of publication for each date published along with a copy of the publication to Pine Bluffs Gravel and Excavating, Inc., P.O. Box 609, Pine Bluffs,WY 82082. Send the bill to Pine Bluffs Gravel and Excavating Inc.,at P.O. Box 609, Pine Bluffs,Wyoming 82082. If you need paid before printing please call Samm at Pine Bluffs Gravel and I will get you a credit card number to pay for this. (307)245-3676. Thank you for your time. Pine Bluffs Gravel & Excavating, Inc. PO Box 609 — Pine Bluffs, WY 82082 January 7,2015 Steve Klahn Cedar Creek 2 BP Energy 67125 County Road 132 New Raymer,CO 80724 RE: Public notice from Pine Bluffs Gravel and Excavating Inc. Dear Mr. Klahn, In compliance with the Colorado Division of Reclamation,Mining and Safety rules we are sending you this public notice of the conversion of our currently 110 permit to a 112 permit at the Harms Pit. Additionally at the bottom in the notes you can see when it will be published. If you have any questions or concerns please feel free to contact myself,Lonny Graves or Peter Hays at the Colorado Division of Reclamation,Mining and Safety. Sincerely, Samantha Beck Pine Bluffs Gravel and Excavating Inc. (307)245-3676 600 Parsons St - LOCATIONS - 1234 South Glendo Highway Pine Bluffs,WY 82082 Glendo,WY 82213 Phone-307-245-3676 Phone—307-735-4005 Fax-307-245-3748 Fax-307-735-4030 PUBLIC NOTICE Pine Bluffs Gravel&Excavating, Inc., PO Box 609, Pine Bluffs, Wyoming 82082, phone (307)245-3676, has filed an conversion application with the Colorado Division of Reclamation, Mining,and Safety Board, for a conversion of our current 110 Construction Materials Limited Application to a 112 Regular Operation, under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. The location of the current mine is known as the Harms Pit and is located at or near Section 34,Township 11 North, Range 58 West, 6th Prime Meridian. . The mine is currently being mined under a 110 permit and the purposed date of completion is five years from the conversion or after January 8, 2031. The proposed future use of the land is pasture land. Additional information and tentative decision date may be obtained from the Division of Reclamation, Mining and Safety, 1313 Sherman Street, Room 215, Denver,Colorado 80631, (303)866-3567,or at the Weld County Clerk and Recorders Office, 1402 N. 17th Ave,Greeley,Colorado 80631. A complete 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 January 8, 2015. NOTES TO PUBLISHER: Please publish this once on the first publication date available following receipt of this notice which would be 11/28,14,as well as 12/5/14, 12/12/14, and 12/19/14. Please return an affidavit of publication or proof of publication for each date published along with a copy of the publication to Pine Bluffs Gravel and Excavating, Inc., P.O. Box 609, Pine Bluffs,WY 82082. Send the bill to Pine Bluffs Gravel and Excavating Inc., at P.O. Box 609, Pine Bluffs,Wyoming 82082. If you need paid before printing please call Samm at Pine Bluffs Gravel and I will get you a credit card number to pay for this. (307)245-3676. Thank you for your time. AFFIDAVIT OF MAILING In the Matter of the Limited Impact (112) Operation Reclamation Permit Application State of Wyoming ) County of Laramie ) ss. Lonny Graves, of Pine Bluffs Gravel & Excavating, Inc., being duly sworn,deposes and says: That he is over the age of eighteen years; That on 'Ii 2015, by regular first class and/or certified mail properly enclosed in a sealed envelope with the prepaid postage thereon,he deposited in the United States mail, at 115 W. 4th Street, Pine Bluffs, WY,82082, notices, a true and correct copy of which is hereunto attached and made a part hereof, address to the following: Weld County Public Works Atten: Jay McDonald 1111 H Street Greeley, CO 80632-0758 The receipts for certification of said letters are hereunto annexed and made a part hereof. I certify that the foregoing is true and correct. Dated this 1 day of it:, ,„F,, c 2015. Lonny Graves, Project Manager Affiant Subscribed and sworn to before me this J day of January 2015. DEBORAH L.MORGAN-NOTARY PUBLIC COUNTY Or f ov STATE OF t-,v l. t \\ci "C,-;. -- LARAMIE WYOMING '-Notary Public M(Gcmmisstoo Exg es i>, • "< SEN I E C•JVI-LETS THIS SECTI•N • C�M•LETE THIS SECTION•N iELIVE•Y ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. Is your name and address on the reverse X so that we can return the card to you. Agent ill Attach this card to the back of the mailpiece, Addressee or on the front if space permits. B. Received by(Printed Name) C. Date of Delivery 1• Article Addressed to: If YES,D. Is deliv0 Yes address different from item r enter delivery address below:1? O No 3. Service Type (::,-7 �' tI ; ,`-� {~ ��C O Registered ail Express Mail I ❑Return Receipt for Merchandise ›�. : _,, --�. O Insured Mail ClC.O.D. 'l'� L /J.' 4. Restricted Delivery? 2. Article Number M(Extra Fee) CI Yes (Transfer from service label) 7012 3460 0000 8332 7622 PS Form 3811,February 2004 Domestic Return Receipt 702595-02-M•1540 Pine Bluffs Gravel & Excavating, Inc. PO Box 609 — Pine Bluffs, WY 82082 January 7,2015 Jay McDonald Weld County Public Works 1111 H Street Greeley,Colorado 80632-0758 RE: Public notice from Pine Bluffs Gravel and Excavating Inc. Dear Mr.McDonald, In compliance with the Colorado Division of Reclamation,Mining and Safety rules we are sending you this public notice of the conversion of our currently 110 permit to a 112 permit at the Harms Pit. Additionally at the bottom in the notes you can see when it will be published. If you have any questions or concerns please feel free to contact myself, Lonny Graves or Peter Hays at the Colorado Division of Reclamation,Mining and Safety. Sincerely, Samantha Beck Pine Bluffs Gravel and Excavating Inc. (307)245-3676 600 Parsons St - LOCATIONS - 1234 South Glendo Highway Pine Bluffs,WY 82082 Glendo. WY 82213 Phone-307-245-3676 Phone—307-735-4005 Fax- 307-245-3748 Fax— 307-735-4030 PUBLIC NOTICE Pine Bluffs Gravel & Excavating, Inc., PO Box 609, Pine Bluffs, Wyoming 82082, phone (307)245-3676, has filed an conversion application with the Colorado Division of Reclamation, Mining,and Safety Board, for a conversion of our current 110 Construction Materials Limited Application to a 112 Regular Operation, under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. The location of the current mine is known as the Harms Pit and is located at or near Section 34,Township 11 North, Range 58 West, 6th Prime Meridian. . The mine is currently being mined under a 110 permit and the purposed date of completion is five years from the conversion or after January 8, 2031. The proposed future use of the land is pasture land. Additional information and tentative decision date may be obtained from the Division of Reclamation, Mining and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80631, (303)866-3567,or at the Weld County Clerk and Recorders Office, 1402 N. 17th Ave,Greeley, Colorado 80631. A complete 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 January 8, 2015. NOTES TO PUBLISHER: Please publish this once on the first publication date available following receipt of this notice which would be 11/28,14,as well as 12/5/14, 12/12/14, and 12/19/14. Please return an affidavit of publication or proof of publication for each date published along with a copy of the publication to Pine Bluffs Gravel and Excavating, Inc., P.O. Box 609, Pine Bluffs,WY 82082. Send the bill to Pine Bluffs Gravel and Excavating Inc.,at P.O. Box 609, Pine Bluffs, Wyoming 82082. If you need paid before printing please call Samm at Pine Bluffs Gravel and I will get you a credit card number to pay for this. (307)245-3676. Thank you for your time. Form No. OFFICE OF THE STATE ENGINEER GWS-25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St.,Denver,Colorado 80203 (303)866-3581 EXST WELL PERMIT NUMBER 69175 -F APPLICANT DIV. 1 WD64 DES. BASIN MD APPROVED WELL LOCATION WELD COUNTY SW 1/4 SW 1/4 Section 26 LEONARD&JANYCE HARMS 52715 WCR 136 Township 12 N Range 58 W Sixth P.M. PINE BLUFFS, WY 82082- DISTANCES FROM SECTION LINES 38 FL from South Section Line (970)895-3399 1204 Ft. from West Section Line UT CHANGE/EXPANSION OF USE OF AN EXISTING WELL East ngOORDINATES (Mitter Northin one 13 NoD831 ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT g CONDITIONS OF ePPROVA 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2)for the change/expansion of use of an existing well,constructed under permit no. 16168-F,to divert ground water tributary to Sidney Draw at a point where unappropriated water is available for withdrawal. Permit no. 16168-F shall be cancelled by Order of the State Engineer upon issuance of this permit. 4) The use of ground water from this well is limited to industrial purposes and the irrigation of 70 acres in the S'%of Sec.26, Twp. 12 N, Rng.58 W,Sixth P.M. 5) The pumping rate of this well shall not exceed 1,000 GPM(2.22 cfs). 6) The average annual amount of ground water to be appropriated shall not exceed 300 acre-feet. 7) The owner shall mark the well in a conspicuous place with well permit number(s),name of the aquifer,and court case number(s)as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner(recorded at least annually)and submitted to the Division Engineer upon request. 9) This well shall be located at least 600 feet from any existing well,completed in the same aquifer,that is not owned by the applicant. 10) This well shall be not more than 200 feet from the location specified on this permit and not more than 200 feet from the location decreed for Harms Well No.016168F in case no.W-7968-75(decreed location is 50 feet from the south section line and 1218 feet from the west section line). 11) This well is subject to administration by the Division Engineer in accordance with applicable decrees,statutes, rules,and regulations. NOTE:The WDID for this structure is 6405596. APPROVED SKR _ L Recei•t No.3645467 State Engineer �l DATE ISSUED 05-05-2010 EXPIRATION DATE This LEASE made in duplicate, this 29th day of December , 2014, by and between Harms Ranch, LLC , hereinafter LESSOR, and Pine Bluffs Gravel & Excavating, Inc., hereinafter, LESSEE. 1. LEASED PREMISES AND TERM LESSOR, in consideration of the rents, covenants and agreements of LESSEE, hereinafter set forth, and in consideration of each and every act to be done by the parties hereto, does by these presents exclusively let, lease and rent to LESSEE for a term of five (5) years from the date of this LEASE or until terminated as herein provided, a certain tract of land described as follows: Section 34, township 11 North, range 58 West, 6th principle meridian, Weld County Colorado, hereinafter referred to as PREMISES, for the purpose of mining and storing dirt, sand, gravel, and rock, hereinafter MATERIAL. The LESSEE shall have the right to extend this LEASE for an additional term of five (5) years by giving the LESSOR a written notice of such extension sixty (60) days previous to the expiration of the original five year term of this LEASE. If LESSEE has not permitted and began operation of gravel pit within two years from date of lease, agreement is terminated. 2. LESSOR'S WARRANTIES LESSOR warrants that she has marketable title to the PREMISES and authority to enter into this LEASE and so dispose of the MATERIAL deposits located on the PREMISES. 3. LESSOR'S COVENANTS LESSOR agrees LESSEE may obtain a Title Search on the PREMISES. If the title search show there is a mortgage on the PREMISES, LESSOR shall furnish to the LESSEE a copy of the mortgage and agrees to obtain a signed mortgagee's waiver of royalty payments, or in lieu thereof, written instructions from the mortgagee and LESSOR for payment of the royalty. 4. LESSEE'S USE OF THE PREMISES LESSEE shall have the exclusive right and authority to go upon said PREMISES with its employees, trucks and machinery and such other equipment as may be necessary for the purpose of mining and removing from the PREMISES all MATERIAL as LESSEE may desire. LESSEE shall have full and complete access to any sand, gravel, and rock pits over and across the PREMISES of the LESSOR, including the right of ingress and egress thereto and therefrom for only those activities directly related to the mining of aggregate materials from the PREMISES. LESSEE shall have the further right, if it so desires, to erect and maintain on PREMISES, at its own cost and expense, such machinery and equipment as it shall deem necessary for the proper and economical working of said pit or pits and the removal of MATERIAL therefrom. LESSEE shall have the right to remove, if necessary, and where LESSEE may consider advisable, any soil, waste sand or overburden from such MATERIAL and to deposit the same on PREMISES. 5. ENVIRONMENTAL CARE OF PREMISES LESSEE shall not bury or cause to be buried any trash or debris on the PREMISES. If the LESSEE should cause hazardous materials to be disposed of on the PREMISES, the LESSEE shall be responsible for cleanup of the contaminated area at LESSEE'S expense, regardless of the time frame which may be required by any governmental authorities supervising the elimination of the contamination, even though such elimination may extend beyond the term of this LEASE. LESSEE shall remove all dirt, sand rock, or other material brought onto the PREMISES when LESSEE has completed its mining operations on the PREMISES. 6. TERMINATION LESSEE may terminate this LEASE before the end of the LEASE term if LESSEE has completed its excavation operations on the PREMISES.LESSEE shall be deemed to have completed LESSEE'S operations when, in LESSEE'S sole discretion, further excavation of MATERIAL would no longer be economically desirable to LESSEE either because of the quantity or quality or location of the remaining deposits of the MATERIAL. 7. PAYMENT FOR MATERIAL LESSEE shall pay or cause to be paid to the LESSOR an amount of Forty (0.40) cents per ton of MATERIAL removed from the PREMISES. Such payment will be made to the LESSOR or any other person or entity at a time or place as so designated by the LESSOR. Payment from the LESSEE to the LESSOR shall be made by the _10th day of the month following removal of the MATERIAL, from the PREMISES. Claims for payment for the MATERIAL made by other parties shall not be the responsibility of the LESSEE. 8. LESSEE ADDITIONAL PREMISES USE LESSEE shall have the right to bring onto thereafter to remove from the PREMISES dirt, rock or other MATERIAL which may be used in the formulation of the final product produced. All tonnages of such product shall be separately accounted for when leaving the PREMISES. No royalty or any other compensation shall be paid by the LESSEE to the LESSOR for dirt, sand, rock or other MATERIAL which may be brought on the PREMISES. The LESSEE may require additional help from other contractors to fulfill aggregate mining requirements. The LESSOR does agree to allow LESSEE-approved contractors to enter and work on the PREMISES. 9. LESSOR USE OF THE PREMISES LESSOR shall have the unrestricted use of the PREMISES for any and all purposes except for the production, stockpiling, processing and shipment of sand, gravel and rock therefrom during the term of this LEASE. LESSOR retains right to remove unprocessed material for personal use at no charge. 10. LESSEE'S REMOVAL OF EQUIPMENT Upon the termination of this LEASE, whether by lapse of time or by termination because of completion of operation, or otherwise, LESSEE shall have the right and obligation to take and remove from said PREMISES any and all machinery and equipment belonging to LESSEE within 90 days of termination. 11. TAXES LESSOR agrees to pay before delinquency all taxes and special assessments levied with respect to the PREMISES during the term of the LEASE or any extension thereof. 12. WRITTEN MODIFICATION ONLY No action of any of the parties hereto shall be construed as an extension of the term of this LEASE or creation of a new agreement unless the same is in writing and signed by the parties hereto. 13. INSURANCE AND INDEMNITY LESSEE will at all times during the term of this LEASE, at their own cost and expense, insure and keep in effect on the real roe such property rty public liability insurance in the amount of $1,000,000 to insure LESSOR and LESSEE against all claims, demand or actions for injuries to or death of any one person, and for injury to or death of more than one person in any one accident. Provided, however, LESSOR and LESSEE shall cross-indemnify, protect and hold each other and their successors, heirs and assigns harmless from and against all damages, claims, attorney fees and demands arising out of the use of the PREMISES. 14. RELATIONSHIP OF PARTIES LESSEE shall in no event be construed for any purposes to be a partner, joint venture or associate of LESSOR or any sub-lessee, concessionaire, operator, or licensee of LESSOR with respect to the PREMISES. 15. LAND CONFORMATION AFTER MINING No mining of the PREMISES shall occur closer then fifty (50) feet of the property line of the PREMISES. After mining is completed the PREMISES will be left in a physical condition, which is pleasing to the eye and shall not be a hazard to cattle or the use of the property by the LESSOR. 16. CONTINGENCY LESSEE is not obligated to perform unless all of LESSOR'S obligations under the terms of this LEASE have been fulfilled. 17. SUCCESSORS AND ASSIGNS This LEASE shall be binding upon and inure to the benefit of the respective heirs, representatives, successors and assigns of the parties hereto. IN WITNESS WHEREOF the parties have executed and caused the due execution hereof respectively of duplicate copies, both of which shall be deemed originals as of the day and year above written. LESSOR: Pine Bluffs Gravel & Excavating, Inc. LESSEE. Harms Ran LL� �� Pine Bluffs Gravel & Excavating, Inc. PO Box 609 — Pine Bluffs, WY 82082 January 5, 2015 Ms. Michelle Martin Weld County Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 RE: Request for Pre-Application Meeting Dear Ms. Martin, Pine Bluffs Gravel & Excavating, Inc. (PBG) operates the Harms Pit, a construction materials extraction facility, in Weld County, Colorado. The Harms Pit is located in Section 34, Township 11N, Range 58W near the intersection of WCR 127 and WCR 124. PBG is in the process of converting the existing 110 permit with the Colorado Division of Reclamation, Mining and Safety (DRMS)to a Regular 112 permit to allow the expansion of their operation to 32.3 acres. We understand that a Use By Special Review may be required from Weld County as a result of the conversion to the Regular 112 DRMS permit. We would like to schedule a Pre-Application meeting with your staff to discuss the existing and proposed operations. Attached please find a location map and the completed Pre-Application Review Request form. We would like to request a meeting date on The legal description follows: A tract of land in Section 34, Township 11N, Range 58W of the 6th P.M., Weld County Colorado,more particularly described as follows: Beginning at a point from which the east quarter corner of said Section 34 bears N.78°03'18"E., a distance of 1239.4 feet (when considering the east line of the SE '/4 of Section 34 bears N.02°45'40"E.); thence S.00°00'00"E., a distance of 1304.89 feet; thence N.90°00'00"W., a distance of 1000.00 feet; thence N.00°00'00"E., a distance of 655.91 feet; thence N.87°56'50"W., a distance of 3219.32 feet to the west line of Section 34; thence N.03°44'38"E., along said line, a distance of 30.01 feet; thence S.87°56'50"E., a distance of 3217.36 feet; thence N.00°00'00"E., a distance of 618.96 feet; thence N.90°00'00"E., a distance of 1000.00 feet to the point of beginning. Containing 32.2 acres, more or less and subject to easements, covenants and restrictions of record. The Harms Pit is a construction materials extraction operation that currently is permitted to disturb 9.98 acres. PBG plans to expand the operation to 32.2 acres. Harms Ranch, LLC is the current landowner and has leased the area to PBG for their operation. Lands immediately surrounding the Harms Pit are used for dryland cropland. The proposed post mining land use is grazing 600 Parsons St - LOCATIONS ^ 1234 South Glendo Highway Pine Bluffs,WY 82082 Glendo,WY 82213 Phone-307-245-3676 Phone—307-735-4005 Fax-307-245-3748 Fax—307-735-4030 land/rangeland. Other land uses in the area include energy production from both wind turbines and oil and gas, and the Pawnee National Grasslands. A pipeline owned by Trailblazer Pipeline crosses the access road. PBG and Trailblazer Pipeline have signed a Structure Agreement per DRMS regulations. PBG will employ four people at the Harms Pit. Only employees and contractors (waste removal, port-o-let services, etc.) will be allowed on the mine site. Operating hours are from dawn to dusk. No buildings are present at the site and none will be constructed. Animals will not be allowed at the mine. Mining equipment that will be employed in the gravel extraction process include dozers, pay loaders, and excavators with a three to six cubic yard bucket, crusher, screen plant and conveyors to transport aggregate. Four trucks with 25 ton bottom dump trailers will be utilized to haul the aggregate from the mine site. Employees will utilize two standard pickup trucks. Vehicles will park on areas where the topsoil has been removed for mining purposes. Aggregate materials and topsoil may be stockpiled at the mine site in accordance with the DRMS permit. No other storage or warehousing will occur. Limited water for dust control will be hauled to the site from a permitted well owned by the surface owner. The well is located approximately seven miles north of the Harms Pit. Portable toilets will be used for sewage disposal at the mine and will be serviced by a licensed contractor. The attached site map shows the location, access road, surrounding land ownership and uses. No parking, driveway access or landscaping is proposed at the mine site. Surface water drainage will be into the mining pit. We appreciate your assistance in this matter. Please feel free to contact me with any questions and to schedule the Pre-Application meeting. Sincerely, vvL Lonny Graves Project Manager 0 -o z W o = ci Q o co ``��II11111//�'Ii Q S O) e ,),, . 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(\II % . ilk DNR COLORADO co ..� Mining and Safety Department of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203 November 21, 2014 RECEIVED DEC 01 2014 Weld County Commissioners County Commissioner WELD COUNTY 915 10th St COMMISSIONERS Greeley,CO 80631 RE: Notice of 110(c)to 112(c)Construction Materials Reclamation Permit Conversion Application Consideration,Pine Bluffs Gravel&Excavating,Inc.,Harms Pit,Permit No.M-2013-018 Please be advised that on November 21, 2014, Pine Bluffs Gravel & Excavating, Inc., whose address and telephone number are 600 Parson Street, P.O. Box 609, Pine Bluffs, WY 82042; (307) 245-3676, filed an application to convert M-2013-018, Harms Pit, a 110(c) Limited Impact Construction Materials Permit to a 112(c) Regular Construction Materials Permit. The mining and reclamation operation is located at or near Section 34, Township 11N, Range 58W, 06th Prime Meridian, in Weld County. The application decision is scheduled for February 19, 2015. A copy of the application is available for review at the Weld County Clerk& Recorder's office and at the office of the Division of Reclamation,Mining and Safety,Room 215, 1313 Sherman Street,Denver,Colorado 80203. If you desire to make comments or objections, they must be submitted within twenty (20) days of the date of the newspaper public notice to be considered in the application review process by the Division. You should contact the applicant for the newspaper publication date. If we do not receive your comments or any objection by the end of the public comment period,the Office will assume you have no objection or comment to the proposed activity If you have any questions,please contact me. Sincerely, P,I s /4/ Peter S. Hays Environmental Protection Specialist • T4 0� )2.-5� WitC3 i tic -,i O 2�� 2011-3� 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us ` John W. Hickentooper,Governor I Mike King, Executive Director I Virginia Brannon, Director \`t Is% Pine Bluffs Gravel & Excavating, Inc. PO Box 609 — Pine Bluffs, WY 82082 November 18, 2014 Weld County Commissioners RECEIVED 1150 O St. Greeley,Colorado 80631 NOV 21 2014 RE: Pine Bluffs Gravel& Excavating Inc. WELD COUNTY Harms Pit Reclamation Permit Application COMMISSIONERS To Whom It May Concern, Pine Bluffs Gravel&Excavating Inc.has applied for a Regular(112)Reclamation Permit from the Colorado Division of Reclamation, Mining and Safety Board to conduct the extraction of construction materials in Weld County. Attached are the revised pages and maps according to the letter we received from Peter Hays at the Colorado Division of Reclamation,Mining and Safety. Please attach them appropriately into the book we sent you for display. We appreciate your help in this matter. Please ensure that this copy is available for review pursuant to 2 CCR 407-4 Rule 1.6.2 (1). If you have any questions regarding this information please contact me at(307)245-3676. Sincerely, -� Q Samantha Beck Pine Bluffs Gravel and Excavating Inc. / -2t 4 CC&?LT'r W "1z4 20rn-3503 600 Parsons St - LOCATIONS - 1234 South Glendo Highway Pine Bluffs,WY 82082 Glendo,WY 82213 Phone-307-245-3676 Phone—307-735-4005 Fax- 307-245-3748 Fax—307-735-4030 • STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources • 1313 Sherman St.,Room 215 Denver,Colorado 80203 COLORADO DIVISIONN OF Phone:(303)866-3567 RECLAMATION FAX:(303)832-8106 MINING SAFETY CONSTRUCTION MATERIALS REGULAR(112)OPERATION RECLAMATION PERMIT APPLICATION FORM CHECK ONE:R There is a File Number Already Assigned to this Operation Permit# M 2 013 018 (Please reference the file number currently assigned to this operation) ELNew Application(Rule 1.4.5) Amendment Application(Rule 1.10) ig Conversion Application(Rule 1.11) Permit# M 2013 1218 (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts:(I)the application form;(2)Exhibits A-S,Addendum 1,any sections of Exhibit 6.5(Geotechnical Stability Exhibit;and(3)the application fee. When you submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (1) copy of the completed application form,two(2)copies of Exhibits A-S,Addendum 1,appropriate sections of 6.5(Geotechnical Stability Exhibit,and a check for the application fee described under Section(4)below. Exhibits should 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 requested below. 1. Applicant/operator or company name(name to be used on permit): Pine Bluffs Gravel & Excavating Inc. 1.1 Type of organization(corporation,partnership,etc.): Corporation 2. Operation name(pit,mine or site name): Harms Pit 3. Permitted acreage(new or existing site: 9.98 permitted acres 3.1 Change in acreage(+) 22.22 acres 3.2 Total acreage in Permit area 32.2 acres 4. Fees: 4.1 New Application $2,696,00 application fee 4.2 New Quarry Application $3342.00 quarry application 4.4 Amendment Fee $2,229.00 amendment fee 4.5 Conversion to 112 operation(set by statute) $2,696.00 conversion fee 5. Primary commoditie(s)to be mined: sand gravel rock dirt 5.1 Incidental commoditie(s)to be mined: 1. - Ibs/Tons/vr 2. / lbs/Tons/vr 3. / lbs/Tons/yr 4. / lbs/Tons/vr 5. / lbs/Tons/yr 5.2 Anticipated end use of primary commoditie(s)to be mined: aggregate materials for road projects for US Government 5.3 Anticipated end use of incidental commoditie(s)to be mined: N/A • -5- • Maus and Exhibits: Two(2)complete,unbound application packages must be submitted. One complete application package consists of a signed application form and the set of maps and exhibits referenced below as Exhibits A-S,Addendum 1,and the Geotechnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate documents are used as appendices,please reference these by name in the exhibit. With each of the two (2) signed application forms,you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4,6.5,and 1.6.2(1)(b): EXHIBIT A Legal Description EXHIBIT B Index Map EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands 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 O Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined EXHIBIT P Municipalities Within Two Miles EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District EXHIBIT R Proof of Filing with County Clerk or Recorder EXHIBIT S Permanent Man-Made Structures Rule 1.6.2(1)(6) ADDENDUM I -Notice Requirements(sample enclosed) Rule 6.5 Geotechnical Stability Exhibit(any required sections) The instructions for preparing Exhibits A-S,Addendum 1,and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.6.2(1)(b)of the 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. 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 fmancial 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 fmancial warranty is forfeited; -6- • 77.( 2. The Board may suspend or revoke this permit, or assess a civil penalty,upon a fmding 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; .XL 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; Tr6. 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. • III 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application,as well as with the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. 9. Annually,on the anniversary date of permit issuance,you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date(if there 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 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 fmancial 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. T/l 10. For Mint venturetpartnership 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. • -8- • 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. To the best of my knowledge,all significant,valuable and permanent man-made structure(s)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 34-32.5-115(4)(e),C.R.S.). 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4)(f), C.R.S.; 3. As the applicant/operator,I do not have any extraction/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.)as determined through a Board fording. 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. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,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 foroperating without a permit pursuant to section 34-32.5-123, C.R.S. ��.`". EL$"''.,�� Signed and dated this 13 day of 130 vii fir?: G; CORPORATE • (? Y✓ • Pine Bluffs Gravel & Excavating, Inc. If Corporation Attest $ Applicant/Operator or C pan %2i'. ;.�� Signed: Signf Corporate Secretary or Equ alent Title: PFt#D I� sC\ Town/City/County Clerk State of Wyoming ) )ss. County of LC\.sr e ) The foregoing instrument was acknowledged before me this 13 day of LiU.YC _�u �_ , .�Glr by I tvElL. . ` as Pit -,cci. 4 of Pi,i...C�� L',✓r,, e 1 J _ A- Cccac.,c,A DEBORAH L.MORGAN-NOTARY PUBLIC 1Rv O t COONTv OF STATE OF otary Public • i AHAMIE ` WYOMING f CommissionExAltes I�_2,i.-t` My Commission expires: la-"� l- I j • SIGNATURES MUST BE IN BLUE INK You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a Pine Bluffs Gravel & Excavating, Inc. PO Box 609 - Pine Bluffs, WY 82082 I November 13, 2014 Colorado Division of Reclamation, Mining &Safety Department of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203 RE: Pine Bluffs Gravel&Excavating, Inc., Harms Pit, File No. M-2013-018 Dear Mr. Hayes, I, Trisha Kimzey, Corporate Secretary of Pine Bluffs Gravel & Excavating, Inc., hereby certifies that Tyler E. Kimzey, President of Pine Bluffs Gravel & Excavating, Inc., is authorized and directed to enter into, sign, execute, deliver and perform on behalf of Pine Bluffs Gravel & Excavating, Inc., such agreements and other documents, as may be necessary or desirable in connection with bonds, permits or other financial assurances, or application therefor, by Pine Bluffs Gravel&Excavating, Inc. • IN WITNESS WHEREOF, I hereunto set my hand and affixed the seal of Pine Bluffs Gravel & Excavatin: Inc. this/t - day of lvi c)c -..n . , a�,IL /) �.. n� , Trisha Kim • , Co .o 7- Secretary State of Wyoming County of Laramie The foregoing instrument was acknowledged before me by T( '•mr—.c_ IL\,\-\7 e . this 13 day of 13171`cx'.. I i -r ,2014. Witness my hand and official seal. � ,err,. U T army" � My commission expires: 1 a-- ,1- It)DEBORAH L.MORGAN-NOTARY PUBLIC GOWN Dr STATE OF t.ARAMIE WYOMING . , My Commission E�Iros Jp-: i`l3 - -• 600 Parsons St - LOCATIONS - 1234 South Glendo Highway Pine Bluffs,WY 82082 Glendo, WY 82213 Phone- 307-245-3676 Phone—307-735-4005 Fax- 307-245-3748 Fax—307-735-4030 AFFIDAVIT OF MAILING • In the Matter of the Limited Impact (112) Operation Reclamation Permit Application State of Wyoming ) County of Laramie ) ss. Doug Keller, of Pine Bluffs Gravel & Excavating, Inc., being duly sworn,deposes and says: That he is over the age of eighteen years; That on nil by , 2014, by regular first class and/or certified mail properly enclosed in a sealed envelope with the prepaid postage thereon,he deposited in the United States mail, at 115 W. 4th Street, Pine Bluffs, WY,82042, notices, a true and correct copy of which is hereunto attached and made a part hereof, address to the following: West Greeley Conservation District • 4302 W 9th St. Rd Greeley, CO 80634 The receipts for certification of said letters are hereunto annexed and made a part hereof. I certify that the foregoing is true and correct. Dated this I9 day of f:Zucvw yNc v , 2014. -^fN O �� Doug Keller, rdject Manager Affiant Subscribed and sworn to before me this I iS day of November 2014. • DEBORAH L.MORGAN-NOTARY PUBLIC ; D�� COUNTY al STATE OF c d V \j`Nt\ UNTY E WYOMING Public MyCammis Commission Eztlres i a._�I_I/_— _\ AFFIDAVIT OF MAILING • In the Matter of the Limited Impact (112) Operation Reclamation Permit Application State of Wyoming County of Laramie ) ss. Doug Keller, of Pine Bluffs Gravel & Excavating, Inc., being duly sworn,deposes and says: That he is over the age of eighteen years; That on I I/,2),y , 2014, by regular first class and/or certified mail properly enclosed in a sealed envelope with the prepaid postage thereon,he deposited in the United States mail, at 115 W. 4th Street, Pine Bluffs, WY,82042, notices, a true and correct copy of which is hereunto attached and made a part hereof, address to the following: Weld County Commissioners • 1150 O Street P.O. Box 758 Greeley, CO 80632 The receipts for certification of said letters are hereunto annexed and made a part hereof. I certify that the foregoing is true and correct. Dated this I K day of 1JULxn..b v , 2014. Doug Keller Project Manager Affiant Subscribed and sworn to before me this ` day of November, 2014 • DEBORAH L.MORGAN NOTARY PUBLIC COUNTY OP STATE OF otr\ \/-p-4 LARAMIE WYOMING ublic MLCCommission Expos J 4-au)ez. _�. AFFIDAVIT OF MAILING • In the Matter of the Limited Impact (112) Operation Reclamation Permit Application State of Wyoming ) County of Laramie ) ss. Doug Keller, of Pine Bluffs Gravel & Excavating, Inc. being duly sworn,deposes and "iii says: That he is over the age of eighteen years; That on ' ['H , 2014, by regular first class and/or certified mail properly enclosed in a sealed envelope with the prepaid postage thereon,he deposited in the United States mail, at 115 W. 4th Street, Pine Bluffs, WY,82042, notices, a true and correct copy of which is hereunto attached and made a part hereof, address to the following: Weld County Clerk/Recorder 1420 N 17th Avenue Greeley, CO 80632 • The receipts for certification of said letters are hereunto annexed and made a part hereof. I certify that the foregoing is true and correct. Dated this I day of A3OO r._E , , 2014. Doug Keller, P Manager o�ect Affiant Subscribed and sworn to before me this I day of November, 2014 DEBORAM t_3 ORGAN—NOTARY PUBLIC Notary- ublic • cart, :c STATE OF LAHAN'd£. 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LZ� pro Juno .___ _- __ - � . ._ N (13 C . _. . _ . h . .. ot* Ot i a U . ,it,„ , a, a si, ..- , ; 4. .� l HARMS GRAVEL MINE 112 APPLICATION PINE BLUFFS GRAVEL AND EXCAVATING, INC. Weld County, Colorado October 2014 ?u b►ic2.evieuJ 11-17- 14/ CG' 'Pt,R1 W ,i/0 20/4-3503 NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR(112)CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS Weld COUNTY Pine Bluffs Gravel & Excavating, Inc. (the "Applicant/Operator")has applied for a Regular(112)reclamation permit from the Colorado Mined Land Reclamation Board(the"Board")to conduct the extraction of construction materials 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 grazing land/rangeland use. Pursuant to Section 34-32.5-116(4)(m),C.R.S.,the Board may confer with the local Board of County Commissioners before approving of the post-mining land use. Accordingly,the Board would appreciate your comments on the proposed operation. Please note that,in order to preserve your right to a hearing before the Board on this application,you must submit written comments on the application within twenty(20)days of the date of last publication of notice pursuant to Section 34-32.5-112(10),C.R.S. �.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. RECEIVED NOV 1 0 2014 WELD COUNTY COMMISSIONERS • mitt ReviceA 11 - 17 — /q CC Tuj H /m 2011-3503 • STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 1313 Sherman St.,Room 215 COLORADO Denver,(.0lorado 80203 DIVISION O F Phone:(303)866-3567 RECLAMATION FAX:(303)832-8106 CONSTRUCTION MATERIAL MINING REGULAR(112)OPERATION SAFETY RECLAMATION PERMIT APPLICATION PACKAGE APPLICABILITY: This application package is for a construction materials operation which affects 10 acres or more. If you plan to conduct a construction materials extraction operation which meets these criteria,please follow the instructions provided in this package, in the Rules and Regulations, and in the Colorado Land Reclamation Act for the Extraction of Construction Materials,as required. RECOMMENDATIONS PRIOR TO FILING: The Construction Material Rules and Regulations (the Colorado Land Reclamation Act for the Extraction of Construction Materials, Section 34-32.5-101, et seq., C.R.S., and 2 CCR 407-1) and the Colorado Mined Land Reclamation Board(the fia "Board")regulate the permitting,operational and reclamation requirements for all construction material extraction 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 Application Review and Consideration Process; Rule 1.4.5 Specific Requirements for Regular 112 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. • It is recommended that you contact the agencies listed in the application section titled"Compliance With Other laws"prior to submitting the application to the Office. Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines - ii - •FILING REQUIREMENTS: In order to apply for a Reclamation Permit for a Regular 112 Operation, please provide: ° One(1)signed and notarized completed ORIGINAL and one(1)copy of the completed original Regular 112 Operation Application Form. ORIGINAL SIGNATURES MUST BE DONE IN BLUE INK. ° Two(2)copies of Exhibits A-S(required sections described in Rule 6). ° Two(2)copies of Addendum I -Notice requirements(described in Rule I_6.2(1)(b)).A sample of this notice is attached for your use. ° The Geotechnical Stability Exhibit when required by the Division. ° The application fee. The ninety(90)day period for review of the application and exhibits will NOT begin until all required information and fee are submitted. The Office will then review the submitted information for adequacy. NOTICE REQUIREMENTS: 1. You MUST send a notice,on a form approved by the Board,to the local board of county commissioners. A copy of this "Notice of Filing Application" form is attached for your use. •/7 2. If the mining operation is within the boundaries of a conservation district, send a notice to the board of supervisors of the conservation district, PRIOR to filing the application. A copy of this "Notice of Filing Application" form is attached for your use. 3. You MUST include proof of notice #1 and #2 above with the application at the time the application is submitted to the Office for filing(Rule 1.6.2(I)(g)). 4. PRIOR to filing the application,place for public review a copy of the application,less confidential items,with the clerk or recorder of the county or counties in which the affected land is located. / 5. You MUST include an affidavit or receipt demonstrating that the application was filed with the county clerk or recorder at the time the application is submitted to the Office for filing. 6. Any changes or additions made to an application submittal MUST be filed with the county clerk or recorder. You MUST also provide the Office with an affidavit or receipt demonstrating that the change was filed with the county clerk or recorder no later than the close of business on the day the change was filed with the Office (Rule 1.8.1(2)). 7. Within ten(10)days after your application is considered filed,you must publish four times in a newspaper of general circulation, in the locality of the proposed mining operation,the notice described in Rule 1.6.2(I)(d). 8. In addition, after the first publication you must mail or personally serve a copy of the notice described in Rule 1.6.2(I)(d)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)(e)). A copy of a form which includes all • required information for the notice is attached for your use. - - ' 9. Prior to the Office making a decision(consideration of the application),you MUST submit a copy of the proof of publication from the newspaper and proof of all required notices. Proof of the notices may be by submitting copies of return receipts of a certified mailing or by proof of personal service (Rules 1.4.1(4), I.4.2(4)(c), 1.6.2(1)(a)(ii), and 1.6.2(1)(g)). The copy of the application and any changes or additons placed at the office of the county clerk or 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)). APPLICATION REVIEW PROCEDURES: The Office shall approve or deny the application within ninety (90) days of filing unless the date for consideration by the Office is extended pursuant to Rule 1.8. The time for consideration shall not be extended beyond ninety(90)days after the last such change submitted. For complex applications,the review period may be extended an additional sixty (60)days. Please see Rule 1.1(10)for the definition of what constitutes a complex application. APPLICATION APPROVAL/DENIAL: If the requirements of the Act and Mineral Rules have been satisfied,the Office will approve the application. The Act also provides for automatic approval if no action is taken by the Office by the end of the review period. If the Act and Regulation requirements have not been satisfied,the Office will deny the application. If the Office denies the application,you may appeal to the Board for a final determination by submitting a written request for administrative appeal to he Board within 60 days of the decision date (Rule 1.4.7). PERFORMANCE AND FINANCIAL WARRANTIES: A performance warranty,and a financial warranty dollar amount determined during the application review process,must be submitted and approved by the Office PRIOR to permit issuance. A financial warranty should NOT be submitted until a decision on the application has been made. 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 4.0 to determine which type of financial warranty you desire to use. You may obtain the appropriate warranty forms from the Office during the application review period. Please note that an application approval DOES NOT convey a right to begin operations. You MUST submit, and have approval of your performance and financial warranties, and receive your copy of the signed permit document PRIOR to beginning on-site mining activity. AUTOMATIC PERMIT APPROVAL: 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 ninety (90) calendar days from the date the application was determined to have been filed. 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(Section 34-32.5-109(1), C.R.S.). • - iv- •COMPLIANCE WITH OTHER LAWS: Compliance with the Act and Rules and Regulations of the Mined Land Reclamation Board DOES NOT relieve you of your responsibility to comply with all other applicable state and federal laws. We recommend that you contact the following agencies to determine whether you need to comply with their legal requirements: o The Colorado State Historical Preservation Office regarding properties of historical significance including the need for an archeological survey, procedures for requesting a file search, and inventory forms to identify structures. ° Colorado Division of Water Resources with regard to water rights; o Colorado Department of Health,Water Quality Control Division,with regard to the discharge of pollutants into the State waters; 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 if the proposed operation will occur on federal lands; i 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 your proposed operation is located. Section 34-32.5-109(3),C.R.S,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,C.R.S. 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 3 Sherman St.,Room 215 COLORADO er,Colorado 80203 DIVISION OF one:(303)866-3567 RECLAMATION FAX:(303)832-8106 MINING —&— SAFETY CONSTRUCTION MATERIALS REGULAR(112)OPERATION RECLAMATION PERMIT APPLICATION FORM CHECK ONE:FA There is a File Number Already Assigned to this Operation Permit# M 2 013 018 (Please reference the file number currently assigned to this operation) New Application(Rule 1.4.5) El Amendment Application(Rule 1.10) Conversion Application(Rule 1.11) Permit# M 2O13 Q18 - (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (1)the application form;(2) Exhibits A-S,Addendum 1,any sections of Exhibit 6.5(Geotechnical Stability Exhibit;and(3)the application fee. When you submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (1) copy of the completed application form,two(2)copies of Exhibits A-S,Addendum 1,appropriate sections of 6.5(Geotechnical Stability Exhibit,and a check for the application fee described under Section(4)below. Exhibits should 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 requested below. I. Applicant/operator or company name(name to be used on permit): Pine Bluffs Gravel & Excavating, Inc. 1.1 Type of organization(corporation,partnership,etc.): Corporation 2. Operation name(pit,mine or site name): Harms Pit 3. Permitted acreage(new or existine site): 9.98 permitted acres 3.1 Change in acreage(+) 20.02 acres 3.2 Total acreage in Permit area 32.2 acres 4. Fees: 4.1 New Application $2,696.00 application fee 4.2 New Quarry Application $3,342.00 quarry application 4.4 Amendment Fee $2,229.00 amendment fee 4.5 Conversion to 112 operation(set by statute) $2,696.00 conversion fee sand gravel rock dirt 5. Primary commoditie(s)to be mined: 5.1 Incidental commoditie(s)to be mined: 1. - lbs/Tons/yr 2. / lbs/Tons/yr 3. / lbs/Tons/yr 4. / lbs/Tons/yr 5. / lbs/Tons/yr aggregate materials for road projects for US Government 5.2 Anticipated end use of primary commoditie(s)to be mined: • 5.3 Anticipated end use of incidental commoditie(s)to be mined: N/A • 2 6. Name of owner of subsurface riehts of affected land: MS. Janyce Harms If 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: Ms. Janyce Harms 8. Type of minine operation: Ill Surface 0 Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN(check one): O 6th(Colorado) El 10th(New Mexico) C Ute SECTION(write number): S 34 TOWNSHIP(write number and check direction): T 11 ID North E South RANGE(write number and check direction): R 58 a East El f West QUARTER SECTION(check one): ri f CFI ✓ 0 SW QUARTER/QUARTER SECTION(check one): NE •_I NW SE 'SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): Located more than 20 miles east of Grover, CO, at and elevation of approximately 5,260 feet above msl. �0. 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 52 sec 47 .54 (2 decimal places) Longitude(W): deg 103 mm• 51 sec 40 54 (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) Nad 83 Zone 13 Easting • Northing -3- • I I. Correspondence Information: APPLICANT/OPERATOR (name,address,and phone of name to be used on permit) Contact's Name: Tyler E.Kerney Title: President Company Name: Pine Bluffs Gravel & Excavating, Inc Street/P.O. Box: 600 Parsons p.O. Box: PO Box 609 City: Pine Bluffs State: WY Zip Code: 82082 Telephone Number: (307 )_ 245-3676 Fax Number: f 30 )_ 245-3748 PERMUTING CONTACT (if different from applicant/operator above) Contact's Name: Doug Keller Title: Project Manager Company Name: Pine Bluffs Gravel & Excavating, Inc. Street/P.O. Box: 600 Parsons p.O. Box: PO Box 609 City: Pine Bluffs State: VVY Zip Code: 82082 Telephone Number: (307 )- 245-3676 Fax Number: (307 )_ 245-3748 INSPECTION CONTACT • Contact's Name: Doug Keller Title: Project Manager Company Name: Pine Bluffs Gravel & Excavating, Inc. Street/P.O. Box: 600 Parsons P.O. Box: PO Box 609 City: Pine Bluffs State: VVY Zip Code: 82082 Telephone Number: (307 1_ 245-3676 Fax Number: (307 )- 245-3748 CC: STATE OR FEDERAL LANDOWNER(if any) Agency: Street: City: State: Zip Code: Telephone Number: ( 1- CC: STATE OR FEDERAL LANDOWNER(if any) Agency: Street: City: • State: Zip Code: Telephone Number: ( )- -4- • Prima future(Post-mining)land use(check one): � Cropland(CR) I ' Pastureland(PL) J l General Agriculture(GA) 1• I Rangeland(RL) JJ Forestry(FR) Wildlife Habitat(WL) Residential(RS) n Recreation(RC) Industrial/Commercial(IC) ElDeveloped Water Resources(WR) ID Solid Waste Disposal(WD) 13. Primary present land use(check one : . I Cropland(CR) Pastureland(PL) General Agriculture(GA) II Rangeland(RL) Forestry(FR) Wildlife Habitat(WL) _ Residential(RS) Recreation(RC) Industrial/Commercial(IC) Developed Water Resources(WR) 14. Method of Mining: Briefly explain mining method(e.g.truck/shovel): dozer/loader/excavator 15. On Site Processing: 0 Crushing/Screening 13.1 Briefly explain mining method(e.g.truck/shovel): crusher/screen plant/conveyors • List any designated chemicals or acid-producing materials to be used or stored within permit area: None 16. Description of Amendment or Conversion: If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s). Enlarging permitted mining area from 9.98 acres to 32.2 acres. Converting from 110c permit to 112. • -5 - leaps and Exhibits: Two(2)complete,unbound application packages must be submitted. One complete application package consists of a signed application form and the set of maps and exhibits referenced below as Exhibits A-S,Addendum 1,and the Geotechnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate documents are used as appendices,please reference these by name in the exhibit. With each of the two(2) signed application forms, you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4,6.5,and I.6.2(I)(b): EXHIBIT A Legal Description EXHIBIT B Index Map EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands 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.1 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 O Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined EXHIBIT P Municipalities Within Two Miles EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District EXHIBIT R Proof of Filing with County Clerk or Recorder EXHIBIT S Permanent Man-Made Structures Rule 1.6.2(1)(b) ADDENDUM I -Notice Requirements(sample enclosed) Rule 6.5 Geotechnical Stability Exhibit(any required sections) The instructions for preparing Exhibits A-S, Addendum 1,and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.6.2(1)(b)of the 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. 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. I. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal • liability for all reasonable expenses which the 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; -6- • 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary,substantial civil penalties,to you as permittee can result; 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of any changes in your address or phone number; 6. Upon permit issuance and prior to beginning on-site mining activity,you must post a sign at the entrance of the mine site,which shall be clearly visible from the access road,with the following information(Rule 3.1.12): a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance. • 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application,as well as with the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. 9. Annually,on the anniversary date of permit issuance,you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date(if there 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 operators:the signing representative is authorized to sign this document and a Pattorney by partner(s))of (provided the authorizing the signature of the representative is attached to this application. • -7 - •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. • • - 8- 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. To the best of my knowledge,all significant,valuable and permanent man-made structure(s)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 34-32.5-115(4)(e), C.R.S.). 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4)(1),C.R.S.; 3. As the applicant/operator,I do not have any extraction/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.)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. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,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 penaltiVon q tvwi g without a permit pursuant to section 34-32.5-123, C.R.S. kis? E fl . O Signed and dated this day of IO1?e 4 � , aNbiLI . ?et CORPORATE •.yam C\ _ • •Z Pine Bluffs Gravel & Excavating, Inc. If Corporation Attest(Sealf.yam..SEAL .•�?c Applicant/Operator or Company e Signed: 1 Signe i�NO`s,. sit is nn Corporate Secretary or or Equiva Title: pi Town/City/County Clerk State of Wyoming ) ss. County of '1, /Li/l vv`F_ The foregoing instrument was acknowledged before me this —1 day of N1nL`f a(-1_ , by��g . S.r )Li(v.—) o as P✓N,Th, c of RI i '�C ✓Ck_i Tf DEBORAH L.MORGAN-NOTARY PUBLIC _ Public t . 00UNTv ,s , t WYOMING hiSTATE OF • ccr1° • My Commission expires: 1 24- 1 -15 Commission ? M mission res a- r • SIGNATURES MUST BE IN BLUE INK 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 Rule 1.6.2(1)(b)that you may wish to use. • NOTICE This site is the location of a proposed construction materials operation. (Name of the Applicant/Operator) ""°k"`°'""°"a"" whose address and phone number is(Address and Phone Number of the Applicant/Operator) Po Box sos,Pine Bluffs,WI 62062 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) 1402 N. 17 Ave., Greeley, CO 80631 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, --Doc,' !(Eller hereby certify that I posted a sign containing the above notice for the proposed snit area known as the (Name of Operation) Harms Pit on (Date Posted) / Zoi 1/ - 7 -2O' SIGNATURE DATE • • NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR(112)CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS Weld COUNTY Pine Bluffs Gravel & Excavating, Inc. (the "Applicant/Operator")has applied for a Regular(112)reclamation permit from the Colorado Mined Land Reclamation Board(the "Board")to conduct the extraction of construction materials 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 grazing land/rangeland 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 a piilication within twenty(20)days of the date of last publication of notice pursuant to Section 34-32.5-112(10), C.R.S. 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. • NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT • FOR REGULAR(112)CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF SUPERVISORS OF THE LOCAL CONSERVATION DISTRICT West Greeley DISTRICT Pine Bluffs Gravel & Excavating, Inc. (the"ApplicantlOperator")has applied for a Regular(112)reclamation permit from the Colorado Mined Land Reclamation Board(the"Board")to conduct the extraction of construction materials 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 grazing land/rangeland use. Pursuant to Section 34-32.5-116(4Xm), C.R.S., the Board may confer with the local Conservation Districts before approving of the post-mining land use. Accordingly,the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application,you must submit written comments on the application within twenty(20)days of the date of last publication of notice pursuant to Section 34-32.5-112(10),C.R.S. If you would like to discuss the proposed post-mining land use,or any other issue regarding this application,please contact the Division of Reclamation,Mining, and Safety, 1313 Sherman Street,Room 215,Denver,Colorado 80203,(303) 866-3567. • 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 •TRUCTIONS. 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 to be submitted to 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. ***************tit*********************************************************************************** ***** PUBLIC NOTICE (Operator Name) Pine Bluffs Gravel&Excavating,Inc. ;(Address and Phone Number) 600 Parsons,Pine Bluffs,WY 82082 (307)245-3676 , has filed an application for a Regular(112)Construction Materials Operation Reclamation Permit with the Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. flue proposed mine is known as the(Name of the Mine) Harms Pit and is located at or �r Section Township 11 Range 50 6th Prime Meridian. The proposed date of commencement is , and the proposed date of completion is . The proposed future use of the land is(Future Landuse) grazing land . 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) Weld County Clerk and Recorder's office; (Clerk and Recorder's Address) 1402 N 17 Ave,Greeley,CO 80631 ,or the above-named applicant. Comments 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 C.R.S. 34-32.5-101 et sue. 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 Office'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\vsfonns\07-07-01 vsforms\Construction 112.doc 07/24/2007) • 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 64.19&Hard Rock/Metal Mining Rule 6.3.12 and Rule 64.20) 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. §34-32.5-11.5(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: pipeline 1. 2. 3. 4. 5. • (Please list additional structures on a separate page) • CERTIFICATION The Applicant, Pine Bluffs Gravel & Excavating (print applicant/company name), by (print representative's name),as President (pmt representative's title), does hereby certify that Trailblazer Pipeline (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 Harms Pit (operation name), File Number M-2013-018 . 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 Rocky Meta4 and Designated Mining Operations. Any alteration or modification to this fo m shall result in voiding this form. ARY FOR P RMIT APPLICANT • ACKNOWLE e Applicant Representative Name s-s1 p &L.tt+nzy�, Date 11-W •14 Tide PfeS s.trkric o STATE OF Wttp-rv.t r•4 ) ss. COUNTY OF 1 a coja.ee ) The foregoing was acknowledged before me this day of 11tges.�✓ z20Jl,,by ii rt is1) ervv a ;d st-4 of ;,s t as -Precast-4 cat.t.Vca, (arautQ . �o rtrN My Commission Expires: la.-31-15 Public DEBORAH L.MORGAN-NOTARY PUBLIC COUNTY OF • STATE OF LARAMIE mt WYOMING MtConmisdon pI ree 'ISdtv- - • • NOTARY FOR STRUCTURE OWNER ACKNOWLEGED BY: Structure Owner it 1.44.2tr?re/na W(,Name Date 7/7Y.)..S/4 // �" Title '/� Z !'r Y STATE OF Col on:NS* ) )ss. COUNTY OFZSc{lAtso... ) The foregoing was acknowledged before me this 4 day of /Vo Lie..-ber , 20 I q by /M.D. o.C4 . - as UP- ©pea,* t of YTn:lb��il. p�l1:.! GCL My Commission Expires: IL- 17 -le Not Public CODY L WAGONER STATE OF COLORADO MYC0IW EJ n8ARY W 20004031465WER 13.2015 • • Pine Bluffs Gravel&Excavating, Inc. October 31,2014 Harms Pit TABLE OF CONTENTS • ITEM Page Application Form Table of Contents 1 Exhibit A— Legal Description 2 Exhibit B — Index Map 4 Exhibit C— Mining Plan Map 6 Exhibit D— Mining Plan 10 Exhibit E—Reclamation Plan 15 Exhibit F—Reclamation Plan Map 16 Exhibit G—Water Information 23 Exhibit H —Wildlife Information 26 Exhibit I —Soils Information 29 Exhibit J —Vegetation Information 31 Exhibit K—Climate Information 32 Exhibit L—Reclamation Costs 33 Exhibit M —Other Permits and Licenses 34 Exhibit N —Source of Legal Right-To-Enter 35 Exhibit O—Owners of Record 40 Exhibit P—Municipalities Within Two Miles 41 Exhibit Q— Proof of Mailing 42 Exhibit R—Proof of Filing Exhibit S — Permanent Man-Made Structures Addendum 1 Notice requirements, Rule 1.6.2(1)(b) • Geotechnical Stability Exhibit, Rule 6.5 Map A-1 Survey Plat Map B-1 Index Map Map C-1 Surface and Mineral Ownership Map C-2 Mine Plan Topography Map D-1 Mine Plan Progressions Map E-1 Reclamation Progressions Map F-1 Post-mining Topography Map I-1 Soils • 1 Pine Bluffs Gravel&Excavating, Inc. October 31,2014 Harms Pit • 112 6.4 SPECIFIC EXHIBIT REQUIREMENTS-112 RECLAMATION OPERATION 6.4.1 FXHIRIT A-I,epal Descrintiou (I) The legal description must identify the affected land, specify affected areas and be adequate to field locate the property. Description shall be by(a),township, range, and section, to at least the nearest quarter-quarter section and (b), location of the main entrance to the site reported as latitude and longitude, or the Universal Transverse Mercator (UTM) Grid as determined from a USGS topographic map. A metes and bounds survey description is acceptable in lieu of township,range, and section. Where available, the street address or lot number(s) shall be given. This information may be available from the County Assessors office or U.S.Geological Survey(USGS)maps. A tract of land being a portion of the South Half (S%) of Section 34, Township 11 North, Range 58 West of the 6th P.M., Weld County Colorado, more particularly described as follows: Beginning at a point from which the east quarter corner of said Section 34 bears N.78°03'18"E., a distance of 1239.4 feet (when considering the east line of the SE% of Section 34 bears N.02°45'40"E.); thence S.00°00'00"E., a distance of 1304.89 feet; thence N.90°00'00"W., a distance of 1000.00 feet; thence N.00°00'00"E., a distance of 655.91 feet; thence N.87°56'50"W., a distance of 3219.32 feet to the west line of Section 34; thence N.03°44'38"E., along said line, a distance of 30.01 feet; thence S.87°56'50"E., a distance of 3217.36 feet; thence N.00°00'00"E., a distance of 618.96 feet; thence N.90°00'00"E., a distance of 1000.00 feet to the point of beginning. Containing 32.2 acres, more or less, and subject to easements, covenants and restrictions of record. • The survey plat is illustrated on Map A-1 (2) The main entrance to the mine site shall be located based on a USGS topographic map showing latitude and longitude or Universal Transverse Mercator (UTM). The operator will need to specify coordinates of latitude and longitude in degrees, minutes and seconds or in decimal degrees to an accuracy of at least five (5) decimal places (e.g., latitude 37.12345 N, longitude 104.45678 W). For UTM, the operator will need to specify North American Datum (NAD) 1927, NAD 1983, or WGS 84, and the applicable zone,measured in meters. The location of the main entrance to the Harms Pit is illustrated on Map 8-1, and is located at Latitude 40°52'47.54"N, Longitude 103°51'40.54"W. • 2 Pine Bluffs Gravel&Excavating, Inc. October 31,2014 Harms Pit • 6.4.2 J XHIBIT B-Index Mgt An index map showing the regional location of the affected land and all roads and other access to the area. A standard U.S. Geological Survey topographic quadrangle or equivalent is acceptable. Scale criteria need not be followed for this map. See Map B-1. • • 4 Pine Bluffs Gravel&Excavating, Inc. October 31,2014 Harms Pit Insert Map B-I • • • 5 Pine Bluffs Gravel&Excavating, Inc. October 31,2014 Harms Pit • 6.4.3 EXHIBIT C'-Pre-minims and Mining Plan Man(sl of Affected Land. One or more maps may be necessary to legibly portray the following information: The Harms Pit is located in Section 34, Township 11 North, Range 58 West near the intersection of County Road 124 and County Road 127 in Weld County, Colorado. The property has been used as a gravel mine under Colorado Division of Reclamation, Mining and Safety 110 (small mine) Permit M-2013-018. The operator intends to expand the mining area to include approximately 32.2 acres including the access road. Maps referenced below address the requirements of this 112 Reclamation Permit application for the expansion of the Harms pit. (a) all adjoining surface owners of record; See Map C-1. Ms. Janyce Harms owns all of the permit and surrounding surface lands in Section 34. The U.S. Forest Service is an adjoining surface owner to the access road across County Road 127. (b) the name and location of all creeks, roads, buildings, oil and gas wells and lines, and power and communication lines on the area of affected land and within two hundred (200)feet of all boundaries of such area; See Map C-2. (c) the existing topography of the area with contour lines of sufficient detail to portray the direction and rate of slope of the affected land; • See Map C-2. (d) the total area to be involved in the operation, including the area to be mined and the area of affected lands(see definition of"Affected Land"); See Map C-2. (e) the type of present vegetation covering the affected lands;and The aerial photograph used in the background of Map D-1 shows that the area to be disturbed by mining is currently in use as dryland cropland. (f) in conjunction with Exhibit G-Water Information, Subsection 6.4.7, if required by the Office,further water resources information will be presented on a map in this section. No natural water resources are located on or adjacent to the affected area. No further water resources information is required. 112(3)(c), I I5(4)(e) (g) Show the owner's name,type of structures,and location of all significant,valuable,and permanent man-made structures contained on the area of affected land and within two hundred(200)feet of the affected land. See Map C-1. Janyce Harms is the owner of record of all of Section 34, T11 N, R58W. No man-made structures are located within the affected area. A wind turbine (Tower N-9 of the Cedar Creek II Wind Farm) is located approximately 300 feet northeast of the affected area and is the closest man-made structure. Map C-1 illustrates the location of a Trailblazer Pipeline • Company's 40' easement for a pipeline that crosses the access road. There are also utility lines associated with the nearby wind turbines. 6 U H o 0 - ?CU w I ! 1ot C .QQD(13 Cco CC -o CO CO a o o >— a3 M 43 05 E °' E �, coQ coi CO c U 1 a CO °c. ill co I! I1IIIIIII CO • OCI co Q� ii o `�o co ! % •c - I wzI W ow 92 OZ g _� 23 co w p m >- ..?„. c w > '7 -. cc - ¢ U Z Lu 0 a 0 j /' 9/ ,r • rr • f �/ i if teat • . .r ,.• s aj +J, ? . . :. '�. a •`. 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Iii dir„........., ✓ f„. ..oli ••41 tor t. • / I I Ars4), 4 J l • -- • 1, ..,,.,, ammessi; 4\%-74) I I A:: N. .0 J tr a. . �a -Lh.liC44 4. « I drc. .. I \i, i , � IL r \ 1 --Th 4 c ) i -� • • .. ..._ ),, .... r.,�- I - � - 1 f P IIS r • ' 1 N. %N.. �- ' �' } - - I fkC - 7 al F..% - ,/ P . _ I j,.. .r I \. j �..` i ). • 1 _ r/ laTh I • \\.,"Mkli ,i riS 7'-a ICIII".".alknillitt 1 \ re r:7 i .1 1 AA I � IZil`�'• f � r, - ---� ,--�- '1 Thi c... d- ' / i LZI peod Juno I "-efts- -,,--- 1 SI , - -O, yf/ ,� �., r -00 • 4") . r -. . CC O r 1 I ! CC; Cr • Z1 S 'C 7i 7 '. I n f QSe : .. Si/ . . ..s, ad.': is, , ....nP tiej, (.7 • . I ` i M �� _ ` �_ lea '� ' . . ` ..4 :`. _ Pine Bluffs Gravel &Excavating, Inc. October 31,2014 Harms Pit • (h) In conjunction with Exhibit I - Soils Information, Subsection 6.4.9, soils information may be presented on a map in this section; Soils information is presented on Map I-1. (i) Aerial photos,if available,may be included in this section. See Map C-1. • 9 Pine Bluffs Gravel&Excavating, Inc. October 31, 2014 Harms Pit • 6.4.4 EXHIBIT I)-Mining Pap The mining plan shall supply the following information,correlated with the affected lands,map(s)and timetables: (a) description of the method(s)of mining to be employed in each stage of the operation as related to any surface disturbance on affected lands; Mining equipment that will be employed in the gravel extraction process include dozer, payloader, an excavator with a three to six cubic yard bucket, crusher, screen plant and conveyors to transport aggregate. Mining will continue in the current pit located in the center of the affected area. Mining will then move to the north at a rate of approximately 1.1 acres per year. When the mining is completed in the northern portion of the permit area, mining will continue from the original mining pit to the south at an approximate rate of 1.1 acres per year. (b) earthmoving; Earthmoving will be completed using a dozer, payloader, or excavator. (c) all water diversions and impoundments;and No water diversions or impoundments will be constructed at the Harms Pit. Any water encountered in the mining process will drain back to the mined area. Because the pit is a depression, storm water will not drain away from the affected areas. (d) the size of area(s)to be worked at any one time. • See Map D-1. • 10 Pine Bluffs Gravel&Excavating, Inc. October 31,2014 Harms Pit (e) An approximate timetable to describe the mining operation. The timetable is for the • purpose of establishing the relationship between mining and reclamation during the different phases of a mining operation. An Operator/Applicant shall not be required to meet specific dates for initiation, or completion of mining in a phase as may be identified in the timetable. This does not exempt an Operator/ Applicant from complying with the performance standards of Section 3.1. If the operation is intended to be an intermittent operation as defined in Section 34-32.5-103(II)(b), C.R.S., the Applicant should include in this exhibit a statement that conforms to the provisions of Section 34-32.5-103(11)(b),C.R.S. Such timetable should include: Mining will progress in the approximate timetable illustrated on Map D-1 and indicated in the table below. Year of Mining Progression Acres 2013 6.5 Road 2.2 2015 3.5 2017 3.3 2020 3.3 2023 3.3 2025 3.3 2028 3.3 2031 3.3 Total 32.2 • (i) an estimate of the periods of time which will be required for the various stages or phases of the operation; See Map D-1. (ii) a description of the size and location of each area to be worked during each phase;and See Map D-1. (iii) outlining the sequence in which each stage or phase of the operation will be carried out. See Map D-1. (Timetables need not be separate and distinct from the mining plan,but may be incorporated therein.) • 11 O ° - It LL C, O «,i O co d O O C Z CO c co C N O U O O c- OC a O 8 v n in W C O 0 CC 0.5 O OO co 00cr, o II O 03 0 IS ca j (t co M V O N O N C C ti ro N Q. .al O .a) E co cti �} C co CO mZ as Ec Ec w U o Q� °i o o a) I Q) Z C o o o 'ro CCO E E cc z z al �, Q .c U ao _ t . Ow � ? C •- III CI W X17)... OJ Rl ON Q a '+�, ¢ a.a. Q O O ¢ O . itipp Vie .y/ ` i f' ii. P i 1+r 4 11 i gi or tr . 4•, I,K� ''t /, a eft • • 4 SI i / 4 illiiiir 11 it illir Or 1 4 . lk i re If elillr- 4i.ta Ill Ilk ani 1 •4 a ofi i . 1 : • Ali .i.( it: 1 r • t . • .dir: it Cr)a CV o — (vpV� cv co gat Iiii OM= cps : N oN NO — N N NT 1 t, t rso s ol ,/ taimsaramme affr isms \ *\- ...----------...---- de AP I.d ' ♦ ,yrl d.4. ..._. . • if a . 4. .m. \ -..•;.1. 1r 1 - � a aliii • • IP Vb \ ...0.- M , at `,LL �e+� ' ' xy Wt.. 111Kki i . _ it , -% , _ r • i It It • lY o is S _ „ • • • - - - �— 77-: L&t peon ,Quno3 O• i CC C s `�,.•�� T ip ♦ Pine Bluffs Gravel&Excavating,Inc. October 31,2014 Harms Pit • (t) A map (in Exhibit C - he-Mining and Mining Plan Maps(s) of Affected Lands, Subsection 6.4.3) may be used along with a narrative to present the following information: Responses to each requirement are presented below. (i) nature, depth and thickness of the deposit to be mined and the thickness and type of overburden to be removed (may be marked "CONFIDENTIAL," pursuant to Paragraph 1.3(3));and The mined material is predicted to range from sand similar to beach sand to nominal gravel up to 2 inches in size. Interviews with the landowner indicate that the deposit may be as deep as 20 feet from grade and generally increasingly coarse toward the bottom of the deposit. The overburden is quite sandy from 6 to 12 inches deep and sometimes hard to distinguish from the cleaner sand below it. The thickness of the deposit to be mined is expected to be up to 20 feet. (ii) nature of the stratum immediately beneath the material to be mined in sedimentary deposits. Below the gravel deposit is a hard clay layer. (g) Identify the primary and secondary commodities to be mined/extracted and describe the intended use;and The primary commodity to be produced is road surfacing gravel for highway construction and oilfield projects. • (h) name and describe the intended use of all expected incidental products to be mined/extracted by the proposed operation. No incidental products are expected to be produced as a result of mining operations at the Harms Pit. (i) Specify if explosives will be used in conjunction with the mining(or reclamation). In consultation with the Office, the Applicant must demonstrate pursuant to Subsection 6.5(4), Geotechnical Stability Exhibit,that offsite areas will not be adversely affected by blasting. No explosives will be used at the Harms Pit. Since offsite areas will not be affected by blasting a Geotechnical Stability Exhibit has not been prepared for this permit application. • 13 Pine Bluffs Gravel&Excavating,Inc. October 31,2014 Harms Pit • 6.4.5 EXHIBIT R-Reclamation Pita (1) In preparing the Reclamation Plan,the Operator/Applicant should be specific in terms of addressing such items as final grading (including drainage), seeding, fertilizing, revegetation(trees, shrubs,etc.),and topsoiling. Operators/Applicants are encouraged to allow flexibility in their plans by committing themselves to ranges of numbers(e.g., 6"-12"of topsoil)rather than specific figures. The post mining use for the entire affected area has been determined by the landowner to be rangeland grazing land. The current use is dryland cropland. (2) The Reclamation Plan shall include provisions for, or satisfactory explanation of, all general requirements for the type of reclamation proposed to be implemented by the Operator/ Applicant. Reclamation shall be required on all the affected land. The Reclamation Plans shall include: Proposed reclamation activities are discussed following the requirements of Section 6.4.5(2) below. Map E-1 illustrates the proposed reclamation progressions and Map F-1 illustrates the planned post mining topography. (a) A description of the type(s)of reclamation the Operator/Applicant proposes to achieve in the reclamation of the affected land, why each was chosen, the amount of acreage accorded to each,and a general discussion of methods of reclamation as related to the mechanics of earthmoving; The proposed post-mining land use for the entire reclaimed area is rangeland grazing land as requested by the landowner. Surrounding land uses are rangeland grazing land used for • agriculture or wildlife grazing. Reclamation will be completed using dozers to regrade spoil and scrapers to haul and replace topsoil. (b) A comparison of the proposed post-mining land use to other land uses in the vicinity and to adopted state and local land use plans and programs. In those instances where the post-mining land use is for industrial,residential,or commercial purposes and such use is not reasonably assured, a plan for revegetation shall be submitted. Appropriate evidence supporting such reasonable assurance shall be submitted; The surrounding land use is agricultural with significant oil and gas activity and wind energy production, or is used for wildlife grazing and public uses associated with the Pawnee National Grasslands. The proposed postmining land use of rangeland grazing is consistent with the surrounding land uses. Postmining plans do not include industrial, residential, or commercial uses. (c) A description of how the Reclamation Plan will be implemented to meet each applicable requirement of Section 3.1; Section 3.1 requirements are listed here to facilitate a complete response. 3.1 RECLAMATION PERFORMANCE STANDARDS 3.1.1 Establishing Post-Mining Use The landowner has requested rangeland grazing as the postmining land use. 3.1.2 Reclaiming Substituted Land • Areas affected by the mining operation will be reclaimed by the operator without substitution. 14 RI o °z _ a) 'c ro w o a) O) o Q .c C E ai � 0 0 1 O up al -O c O o o C a � a > CO Q) a o z p a) '._. 0 rn �.. °' Cr W k- oo E `u Eo ° `n c m Z x cn .c v ro i i O �— is • � � o o °' oE � a� O � m Q co a� a� o ro •a 2. cu — cn cc os o as f- a c � E ° o o R, M J � .� ^ U a� U o CO 2.2 O ,-.?..N ill ® 4) N ° Q CC Cit f• b czt oC � °i o W CE � � z g o c o > tik Q) t.._ 3m WQm am Cc ai Q CC ^ (c) o Z Q ¢ N CC Q Q 4 ' ' ` i S i• .i. r - A • ila. _ • It iii p, ‘iM �. • r1 4111 4 • sI:Sit. A': 1 . . . r,1'S7V f\ . it . • .. ipoi .i.t:-. ,• , , . .. .... .. . ii„ : . - .. .. . 4., Z 1 __ • •Q . It A a dt ;0, ilt .v 2017 o ... : �' 2018 hi: ( i its • .- . , Il .1- 7 ;e. ,,,,.,.. ..., i , .. , . , . t, CV (N cn co I CV CV CV GI • ip , . .. :•i / ALIk • • ., . y .'^ art, I.T.- . 1es.... ;. ; 1 s( `+ A• .T•'IKy .• 1 , . -I t ♦ Imo'.. -- ♦Iry` T .,� •ryy r«.•••• 0. • 6 . la 4, . f i . ... 111 Kifir --_� : -•- - t ` . $aft It NI- _.? • 1 J c * . ti i. - R ."^��-...-.. _ -.-. ate. -. . v'IL 4 / - - LZC pBo& Juno r . . .. . .• ,. . • . , .. b. i .:_ , . _ . . . _ • .... _ _ _ _. . __ . _ . .. . (3 .. ., U .. ... ciy....... pie-. - , i, ', 1 Pine Bluffs Gravel&Excavating, Inc. October 31,2014 Harms Pit 3.13 Time Limit and Phased Reclamation • Each phase of reclamation illustrated on Map E-1 will be completed within 18 months following completion of mining activities. 3.1.4 Public Use Reclaimed lands are not owned by the operator. Public use of reclaimed areas will not be allowed during the reclamation process as they will not be fenced from the active mining areas. 3.1.5 Reclamation Measures-Materials Handling Postmining pit walls will be graded to 3:1 slopes or less. If overburden or waste materials are used for fill, they will be compacted to ensure stability. No toxic or acid-forming waste materials will be used for fill. All highwalls will be eliminated by grading to 3:1 slopes or less to prevent erosion and siltation. Reclaimed lands will blend smoothly with native lands to prevent slides or other damage. Final grading will be completed as soon as feasible following mining as indicated on Map E-1. No acid-forming or toxic producing materials will be mined at the Harms Pit. No drill or auger holes, adits or shafts will be developed or utilized at the Harms Pit. • Reclaimed lands will blend smoothly with native lands. No lakes or ponds will be constructed in the postmining landscape. The pit will not be backfilled. Final topography will be achieved by grading pit walls to the appropriate slope. Mined material that will be disposed within the affected area will be handled to prevent unauthorized release to the surface drainage system. Groundwater will not be affected by mining or reclamation activities at the Harms Pit. Mining will be conducted a minimum of two feet above the groundwater table. 3.1.6 Water-General Requirements Disturbances to the prevailing hydrologic balance will be minimized. No surface or groundwater rights will be injured as a result of mining at the Harms Pit. Stormwater runoff will be managed in accordance with the Stormwater Management Plan for the Harms Pit. No dredge and fill activities will occur. No large siltation structures will be constructed and none will require removal during reclamation. No earth dams will be constructed. All surface disturbed areas and spoil piles will be stabilized and protected to prevent erosion. • 17 Pine Bluffs Gravel&Excavating,Inc. October 31,2014 Harms Pit • 3.1.7 Groundwater-Specific Requirements Groundwater will not be affected by mining or reclamation activities at the Harms Pit. Mining will be conducted a minimum of two feet above the groundwater table. The groundwater specific reclamation standards are not applicable. 3.1.8 Wildlife Wildlife safety will be taken into account in all aspects of the mining and reclamation activities. Wildlife use of the site will resume following reclamation of the land as rangeland grazing. 3.1.9 Topsoiling Topsoil will be removed and segregated from overburden or spoil, if present. Topsoil will be stockpiled with 3:1 slopes and silt fence placed at the foot of the pile. If the topsoil pile is expected to sit for periods greater than six (6) months, a summer annual plant may be broadcast to vegetate the pile in consultation with the landowner. 3.1.10 Revegetation The seed mix selected for revegetation of reclaimed areas was selected following consultation with the NRCS local office. The blend of grasses will provide a self-regenerating and long lasting cover that is not dependent on irrigation, soil amendments or fertilizer. Discing, ripping, mulching and fertilizers may be used during the planting phase of the reclamation to insure establishment of planted vegetation. • Mine pit walls will be graded to slopes of 3:1 or less, allowing normal traversing of livestock and wildlife or any farm equipment that may be expected to be used on the reclaimed areas. The grass will be seeded 0.5 inches deep using a grass drill. Seeding will occur within the next available November 1 to May 1 seeding period recommended by the NRCS. The grasses included in seed mix are as follows per NRCS recommendation (USDA 2014) and are readily available from local suppliers: a) Switchgrass- 0.4 PLS/acre b) Sideoats grama - 0.9 PLS/acre c) Little Bluestem - 0.7 PLS/acre d) Green needlegrass - 1.0 PLS/acre e) Blue grama - 0.3 PLS/acre Dry fertilizer will be spread before seeding using the USDA NRCS recommended application rate of 40 pounds nitrogen and 60 pounds phosphorous applied per acre of reclaimed land. The revegetation will only include drilling the above grass seed mix. There will be no trees, shrubs, or other plants planted in the reclaimed area. We plan to replace the mined areas with any available topsoil that is removed before the mining process. We are predicting topsoil depths of 6 to 12 inches, quickly transitioning to sand. Any noxious weeds encountered in the mining or reclamation process will be sprayed to prevent any noxious weed infestation. No noxious weeds have been identified within the proposed mining area. According to Tina • Booton at the Weld County Weed Division, noxious weeds that may occur in the mining area 18 Pine Bluffs Gravel &Excavating, Inc. October 31,2014 Harms Pit include Canada Thistle, diffuse knapweed and bindweed. Junk weeds that may be found are • kochia, sunflower, and bull thistle. The onsite Gravel Pit Manager will be responsible for identifying noxious and junk weeds should they occur and monitoring their growth. If noxious and/or junk weeds occur at the site, the Gravel Pit Manager will arrange for spraying (contracting a licensed sprayer) or mowing of the weeds in accordance with Weld County recommendations. According to the Weld County Weed Division, noxious weeds should be sprayed in the spring or fall before or during the rosette stage with Milestone or Tordon and a non ionic surfactant. The Weld County Weed Division also recommends adding 2 4 D if the weeds are very tall. Regular mowing would control any other junk type weeds. Revegetation References USDA Natural Resources Conservation District, telephone conversation between Ann Dickey, ESI and Will. (970)330-0380 on September 23, 2014. Weld County Weed Division, Tina Booton 970 304 6496 x3770 per 110 permit for Pine Bluffs Gravel and Excavating Harms Pit Permit#M2013-18. 3.1.11 Buildings and Structures No buildings or structures are present at the Harms Pit and none will be constructed for mining purposes. • 3.1.12 Signs and Markers A sign that is clearly visible from the access road shall be posted at the entrance to the mine that states the following: a. name of the Operator, b. a statement that a reclamation permit for operations has been issued by the Colorado Mine Land Reclamation Board; and c. the permit number. The boundaries of the affected area will be marked by monuments or other markers that are clearly visible and adequately delineate the areas to be disturbed by mining operations. 3.1.13 Spill Reporting Should a spill of toxic or hazardous substances occur at the minesite, the reporting requirements of Section 3.1.13 will be followed. The requirements are as follows: The Mine Operator shall Notify the Office of a spill of any toxic or hazardous substance, including spills of petroleum products, that occurs within the mined land permit area or area encompassed by a Notice of Intent and which would be required to be reported to any Division of the Colorado Department of Public Health and the Environment, the National Response Center, the Colorado Emergency Planning Commission, any local Emergency Planning Commission, local Emergency Planning Committee, or the State Oil Inspector. The Operator shall: • 19 Pine Bluffs Gravel&Excavating, Inc. October 31,2014 Hanes Pit 1. within 24 hours of the time the spill is reported to any other agency(ies) with jurisdiction • over the spill, notify any DRMG Minerals Program Field Office or the Minerals Program Denver Office, Division of Reclamation, Mining and Safety, via phone, facsimile, or email; 2. include in the notice any relevant information known at the time contact is made with the Office that would assist the Office in assessing spill seriousness, such as: a. operation name, DRMS permit number and name of person reporting the spill, b. telephone number of a responsible company official for the Office staff to use as a contact, c. date and time of spill, d. type of material spilled (CAS number if applicable, from the material safety data sheet (MSDS) form), e. estimate of the amount spilled, whether any material has left the permit area, and where the spilled material went, and f. initial measures taken to contain and clean up spill. 3. copy the Office on any correspondence and/or written reports provided to other agencies. Supplement those reports if necessary to include the information outlined in rule 3.1.13(2). (d) Where applicable, plans for topsoil segregation, preservation, and replacement; for stabilization, compaction, and grading of spoil; and for revegetation. The revegetation • plan shall contain a list of the preferred species of grass,legumes,forbs,shrubs or trees to be planted, the method and rates of seeding and planting,the estimated availability of viable seeds in sufficient quantities of the species proposed to be used, and the proposed time of seeding and planting; Seeding of topsoil and/or spoil piles was addressed under the requirements of Section 3.1. (e) A plan or schedule indicating how and when reclamation will be implemented. Such plan or schedule shall not be tied to any specific date but shall be tied to implementation or completion of different stages of the mining operation as described in Subparagraph 6.4.4(1)(e). The plan or schedule shall include: (i) An estimate of the periods of time Reclamation activities will commence as soon as feasible following mining operations as indicated in Map E-1. (ii) A description of the size and location of each area to be reclaimed during each phase;and See Map E-1. (iii) An outline of the sequence in which each stage or phase of reclamation will be carried out. (The schedule need not be separate and distinct from the Reclamation Plan,but may be incorporated therein.) See Map E-1. • (f) A description of each of the following: 20 Pine Bluffs Gravel&Excavating, Inc. October 31,2014 Harms Pit (i) Final grading-specify maximum anticipated slope gradient or expected ranges thereof; • The pit slopes will be graded to a maximum postmining slope of 3:1. (ii) Seeding - specify types, mixtures, quantities, and expected time(s) of seeding and planting; Revegetation and seeding procedures are discussed in detail in Section 3.1.10 of this Exhibit. (iii) Fertilization-if applicable,specify types,mixtures,quantities and time of application; Dry fertilizer will be spread before seeding using the USDA NRCS recommended application rate of 40 pounds nitrogen and 60 pounds phosphorous applied per acre of reclaimed land. The revegetation will only include drilling the above grass seed mix. There will be no trees, shrubs, or other plants planted in the reclaimed area. Topsoil will be placed to a depth of six inches. (iv) Revegetation-specify types of trees,shrubs,etc.,quantities,size and location;and No trees or shrubs will be impacted by mining activities and none will be planted as part of the reclamation process. (v) Topsoiling - specify anticipated minimum depth or range of depths for those areas where topsoil will be replaced. • Mined areas will be covered with all available topsoil that is salvaged before the mining process. Topsoil will be placed to a depth of six inches. • 21 Pine Bluffs Gravel& Excavating, Inc. October 31,2014 Harms Pit • 6.4.6 EXHIBIT F-Reclamation Plan Mao The map(s) of the proposed affected land, by all phases of the total scope of the mining operation, shall indicate the following: (a) The expected physical appearance of the area of the affected land, correlated to the proposed mining and reclamation timetables.The map must show proposed topography of the area with contour lines of sufficient detail to portray the direction and rate of slope of all reclaimed lands;and See Map F-1. (b) Portrayal of the proposed final land use for each portion of the affected lands. See Map F-1. • • 22 Pine Bluffs Gravel&Excavating, Inc. October 31,2014 Harms Pit 6.4.7 EXHIBIT r-Water Informatioq • (I) If the operation is not expected to directly affect surface or groundwater systems, a statement of that expectation shall be submitted. No natural surface water features are located within the affected area. Mining will be limited to a depth of 20 feet, and will not expose or affect groundwater. Mining operations will remain at least two feet above the groundwater table. The following letter from Colorado Division of Water Resources dated June 6, 2013 state that they have no objection to the mining operations under the small mine Permit #M2013-018 for the Harms pit. Mr. Peter Hays from the Division of Reclamation and Mining indicated that this letter is applicable to the expanded mining operation when accompanied with the commitment to limit mining operations to the area a minimum of two feet above the groundwater table. Topography within the permit boundary is quite flat. The area is within the South Platte River drainage basin, and the following tributary sequence was obtained using USGS 7.5 minute topographic sheets. Drainage from the permit area is to the east into an unnamed channel. After several miles of overland flow combined with intermittently defined unnamed channels, the confluence with Cottonwood Creek occurs in Section 4, T9N, R57W. Cottonwood Creek flows southeastward to the confluence with Pawnee Creek in Section 5, T8N, R55W, and Pawnee Creek flows to the South Platte River near Sterling, Colorado in Section 8, T7N, R52W. (2) If the operation is expected to directly affect surface or groundwater systems, the Operator/Applicant shall: Not applicable. • (a) Locate on the map (in Exhibit C) tributary water courses, wells, springs, stock water ponds, reservoirs, and ditches on the affected land and on adjacent lands where such structures may be affected by the proposed mining operations; Not applicable. (b) Identify all known aquifers;and Not applicable. (c) Submit a brief statement or plan showing how water from de-watering operations or from runoff from disturbed areas, piled material and operating surfaces will be managed to protect against pollution of either surface or groundwater (and, where applicable,control pollution in a manner that is consistent with water quality discharge permits),both during and after the operation. Not applicable. (3) The Operator/Applicant shall provide an estimate of the project water requirements including flow rates and annual volumes for the development, mining and reclamation phases of the project. There will be a very limited amount of water used in the mining operation. Any water used will be delivered using the operator's water trucks. Gravel mining activities will be maintained a minimum of two feet above groundwater levels. (4) The Operator/Applicant shall indicate the projected amount from each of the sources of water to supply the project water requirements for the mining operation and reclamation. 411 23 Pine Bluffs Gravel&Excavating, Inc. October 31, 2014 Harms Pit Limited water will be used at the site for dust control and will be trucked to the site. The water will be obtained from a permitted well owned by the landowner. The well is located approximately seven miles north of the Harms Pit. (5) The Operator/Applicant shall affirmatively state that the Operator/Applicant has acquired (or has applied for) a National Pollutant Discharge Elimination System (NPDES)permit from the Water Quality Control Division at the Colorado Department of Health,it'necessary. The proposed site for the gravel permit will be a dry pit and is far from a natural river; therefore, the ground water table should not be encountered by the operation. The mining operation will be maintained at a minimum of two feet above the groundwater table. There will not be any pollutants discharged into any State waters. • • 24 Pine Bluffs Gravel& Excavating, Inc. October 31,2014 Harms Pit • OECD<O• DEPARTMENT OF NATURAL RESOURCES . $' ef�a DIVISION OF WATER RESOURCES H * rt Au John W.Htckenlaoper X/876 Governor Mike King Executive Director Dick Wolfe,P.E. Director/State Engineer Response to Reclamation Permit Application Consideration DATE: June 6,2013 TO: Peter S.Hays,Environmental Protection Specialist CC: Division 1 Office,District 64 Water Commissioner FROM' Sarah Brucker,P.E. RE: Harms Pit,File No.M-2013-018 Operator:Pine Bluffs Gravel&Excavating,Inc. Contact: Doug Keller,(307)245-3426 SE''h Section 34,Twp 11 North,Rng 58 West,6th P.M.,Weld County CONDITIONS FOR APPROVAL ® The proposed operation does not anticipate exposing groundwater. Therefore, exposure of ground water must not occur during or after mining operations. • COMMENTS: This will be a surface mining operation on 9.98 permitted acres located approximately 20 miles east of Grover,Colorado. The primary commodities to be mined at the site are sand,gravel, rock, and dirt to be used as aggregate materials for road projects for the US Government. This will be a dry mining operation that does not expect to encounter any ground water. There are no natural water resources within the proposed mining area. The applicant has indicated that any water used at the site will be delivered from the applicant's own water trucks. The site is proposed to be reclaimed to rangeland/grazing land after mining operations. If stormwater runoff is intercepted by this operation and is not diverted or captured in priority, it must be released to the stream system or infiltrate into the ground within 72 hours. Otherwise,the operator will be required to make replacements for evaporation. This office has no objection to the proposed mining operation. The applicant may contact the State Engineers Office with any questions. RECEIVED JUN 0 6 2013 DMSION OF RECLAMATION MINAN�SAFETY Office of the State Engineer Co*" 1313 Sherman Street,Suite 818•Denver,CO 80203•Phone:303-866-3581•Fax:303-866-3589 www.water.state.co.us • 25 Pine Bluffs Gravel &Excavating, Inc. October 31,2014 Harms Pit 6.4.8 EXHIBIT H-Wildlife Information (I) In developing the wildlife information,the Operator/Applicant may wish to contact the local wildlife conservation officer. The Operator/Applicant shall include in this Exhibit,a description of the game and non-game resources on and in the vicinity of the application area,including: (a) a description of the significant wildlife resources on the affected land; The Harms Pit is located on private land within the boundaries of the Pawnee National Grasslands, a 30- by 60-mile area containing 193,060 acres of grasslands managed by the United States Forest Service (USFS). The rest of the land within the perimeter of the Pawnee National Grasslands is a checkerboard of private land, State of Colorado ownership and the Central Plains Experimental Range. Wildlife information for the area was obtained by reviewing the USFS website (USFS 2014) and the Bureau of Land Management (BLM) NEPA document, Pawnee National Grasslands (PNG) Oil and Gas Leasing Draft Environmental Impact Statement (BLM 2014). The wildlife in the PNG is diverse, primarily due to the diverse habitat types available in the area and the proximity to the Rocky Mountains and the Great Plains. A total of 59 mammal species, 8 amphibian species, 14 reptile species and 13 fish species are known to use the Grassland for all or a part of their habitat. Commonly viewed animals in the PNG include pronghorn, mule deer, coyote, swift fox, snakes and prairie dogs. Wooded waterways and cliffs provide avian habitat in an area in close proximity to avian flyways and migration corridors. As a result, 301 species of birds are known to use the PNG, and the area is an internationally known birding area. Much of the wildlife in the PNG are associated with the short grass prairie ecosystem and use prairie dog colonies to meet a variety of their needs. The private lands and some of the public lands in the area are predominantly agricultural with moderate oil and gas and wind energy development and associated roads, pipelines, and other infrastructure. Wildlife is limited to those species that have adapted to the human activity in the area. The diverse habitats that result in the diverse wildlife in the PNG are not present on the Harms Pit mine site. The affected area has been or is still used as dryland cropland or gravel mining. The prairie dog towns, surface water, wooded waterways, cliffs and tall trees, etc. that are critical to most of the PNG wildlife are not present within the Harms Pit permit boundary. (b) seasonal use of the area; Public use of the PNG includes big game hunting, fishing, camping and bird watching, all activities that are seasonal in nature. The private ownership of Harms Pit permit area and adjacent lands as dryland cropland and gravel mining limit its use for any of the aforementioned activities. Big game use the area for seasonal migration and fawning (CPW 2014). Deer migrate from the South Platte area prior to fawning. Pronghorn migrate north into Wyoming in the summer and return in the winter. Whooping cranes are casual migrants in the Eastern Plains. • 26 Pine Bluffs Gravel &Excavating, Inc. October 31, 2014 Harms Pit • (c) the presence and estimated population of threatened or endangered species from either federal or state lists;and The potential presence of threatened or endangered species in the vicinity of the Harms Pit was determined by utilizing the USFWS Information, Planning and Conservation System (IPAC) searchable website (USFWS 2014). The following species were identified using the map function and selecting all of Section 34, T11 N, R58W: Mexican Spotted Owl Threatened Minor adverse. No habitat. Surface disturbance of an (Strix occidentalis lucida) additional 22 acres could impact rodent habitat/food supply. Least tern (Sterna anti/larum) Endangered Negligible. The least tern typically stays in close proximity to river systems. The Harms Pit is more than 20 miles from the South Platte River. Piping Plover (Charadrius Threatened Negligible. The gravel mining operations will not melodus) involve water-related activities/uses in the S. Platte River Basin. Whooping Crane Endangered Minor adverse. Although they use wetlands and (Grus americana_ marshes for nesting and primary habitat, whooping cranes utilize cropland for food during migration. Mining activities would affect 22 additional acres of cro.land in the mi.ration oath.3 Colorado Butterfly Plant Threatened Negligible. No floodplain or drainage bottom habitat for (Gaura newmexicana var. the Colorado butterfly plant will be impacted as a result • coloradensis) of mining activities.. Ute ladies'-tresses Threatened Negligible. Ute ladies'-tresses require moist conditions, (Spiranthes diluvialis) typically perennial stream terraces or moist meadows. There is no habitat for the Ute ladies'-tresses in the vicinity of the mine. Western Prairie Fringed Threatened Negligible. Potential habitat would have been Orchid (Platanthera destroyed when the area was converted to cropland. •raeclara) `t ' 1 '1„ . Preble's meadow jumping Threatened Negligible. Habitat is limited to within 100 meters of the mouse (Zapus hudsonius 100-year flood plain. .reble0 Pallid sturgeon Threatened Negligible. The mine is many miles from a creek with (Scaphirhynchus albus) fish bearing capabilities. I 27 Pine Bluffs Gravel 8.Excavating, Inc. October 31,2014 Harms Pit (d) a description of the general effect during and after the proposed operation on the existing wildlife of the area, including but not limited to temporary and permanent loss of food and habitat, interference with migratory routes, and the general effect on the wildlife from increased human activity,including noise. The entire permit boundary has been altered by agricultural activity, and is currently used as dryland cropland and gravel mining. Wildlife in the area have become accustomed to noise and human activity associated with nearby oil and gas activities, wind turbines and roads and traffic associated with visitors to the Pawnee National Grasslands. The effects to wildlife of mining an additional 22 acres would be minor and temporary and include displacement, potential food supply loss, increased human activity, and additional noise disturbance in close proximity to mining. No permanent effects on wildlife are anticipated. (2) The application may be reviewed and commented upon by the State of Colorado Division of Wildlife(DOW). If the DOW has comments, they must be provided prior to the end of the public comment period specified in Subsection 1.7.1(2)(a) to be considered by the Board and Office. Exhibit H References Colorado Parks and Wildlife 2014 2014-2015 Big Game Hunting in Northeast Colorado accessed on September 11 at: http://cpw.state.co.us/Documents/Hunting/BigGame/HuntGuides/NEHuntGuide.pdf#search=Pawnee BLM 2014 Pawnee National Grassland Oil and Gas Leasing Analysis, Draft Environmental Impact Statement,August 2014. 348 pages. Accessed on the internet on September 9, 2014 at: http://a 123.g.akamai.net/7/123/11558/abc123/forestservic.download.akamai.com/11558/www/nepa/95573_F SPLT3_2324299.pdf USFS 2014 Accessed on the internet on September 9, 2014 at http://www.fs.usda.gov/wps/portal/fsinternetP ut/p/c5/04_SB8K8xLLM9MSSzPy8xBz9CP0os3gjAwhwtDDw9 AI8zPwh QoY6I eDdG Cq C PO BgwDLG- AAjgb6fh75uan6BdnZaY6OiooA1 tkglQl I/dl3/d3/L2dJQSEvUUt3QS9ZQnZ3LzZfMjAwM DAwMDBBODBPSE hWVTjJNMDAwMDAwM DAI/?navtype=BROWSEBYSUBJECT&cid=fsm91_058278&navid=17000000000000 0&pnavid=null&ss=110210&position=Not%2520Yet%2520Determined.Html&ttype=detail&pname=Arapaho USFWS 2014 http://ecos.fws.gov/ipac accessed on August 26,2014. 28 Pine Bluffs Gravel& Excavating, Inc. October 31,2014 Harms Pit • 6.4.9 EXHIBIT I-Soils Informatioa (I) In consultation with the Soil Conservation Service or other qualified person, the Operator/Applicant shall indicate on a map(in Exhibit C)or by a statement,the general type, thickness and distribution of soil over the affected land. Such description will address suitability of topsoil (or other material) for establishment and maintenance of plant growth. The above information shall satisfy "completeness" requirements for purposes of determination of date of filing. The US Department of Agriculture (USDA) National Resources Conservation Service (NRCS) Web Soil Survey was accessed at http://websoilsurvey.nrcs.usda.gov on August 21, 2014 to obtain soils information for the Harms Pit area. Map I-1 was developed using information obtained from the internet search tool. Three soils types are present within the permit boundary. The majority of the permit area is Altvan fine sandy load, 0 to 6 percent slopes. Approximately 3.6 acres in the northeast corner of the permit boundary is Rosebud fine sandy loam, 6 to 9 percent slopes and less than one acre in the northwest corner of the permit area is Nunn loam 0-6 percent slopes. The soil for the Altvan sand is 0 to 6 inches fine sandy loam; 6 to 22 inches,sandy clay loam; 22 to 27 inches, sandy clay loam, and 27 to 60 inches,gravelly coarse sand. The down-slope shape and across-slope shape is linear. The soil profile for the Rosebud fine sandy loam is 0 to 4 inches fine sandy loam, 4 to 16 inches, clay loam, 16 to 22 inches, sandy clay loam, 22 to 28 inches, sandy loam and 28 to 31 • inches, weathered bedrock. The soil profile for the Nunn loam is 0 to 7 inches: loam; 7 to 23 inches, clay loam; 23 to 60 inches clay loam; and 60 to 64 inches, sandy clay loam. The topsoil with proper fertilization, mulching, and seed bed preparation is suitable for revegetation to the native grass species recommended by the local NRCS. Below the sandy loam topsoil is located a sand to gravel deposit estimated to be 6 to 10 feet deep. Available water capacity is low. This unit is used as dryland cropland but will be reclaimed with native grass. (2) If necessary, at its discretion,the Board may require additional information on soils or other growth media to be stockpiled and used in revegetation to be submitted subsequent to the filing and notification of"completeness"of the application. Additional information will be supplied, if requested. I 29 O O Z r. b El wo O In co -- co Q) N e U cn N Q Q O _O Q Q Q O Cr) CO E Zr‘ O CO CO X O 0 o o - O U -i•-., Q Q N U <a O HI Ep J ro ilil O 06 O 2 o_ U -� a a 4 Q be be cc m (15 Q p RS b RI c» •- -U Y CO C I C Et.E CCS c •I •Q Z CO Cr) QS CU p (V N C w O g c CO a) a) _o m o cLiz c 't o p C`3 m o 8 CD) U� .___>l<V) E LL O� O C M coU Q) CO �' w o o CCI E� �o J '`o •- b cn 03,_c 03 R3 -c ON (UN C N CU U d- - 01-- 'm-- gCOm - J � •X C0O O �° � ° o Co n ° �, CO C 0 Cl_ a w m f- Q Q m o w ca Z CC CC Cr) 3 . z CO CC Z r r °' co 0 la o I QI ' � � CI) oti _ I vJ UZ - m Z >-. w p m to Ca 10. Li 0CC grC N CC Q Cl_ Q m ` lir 7 - _ •..e .,,,,,,. . - • a , ,,,, i ., r • , A µ '• t 41, lit + at V4 4 1 _ , 010i ii, i .1i Imilimicir . ., , i. ii " ......_ ......_ IIIIIS �- li l - - N'i 1 1 itt • + • Jill ..c• 1 1i ofer ,,,,• , , . . .. - _. ors) . .. _ . , .. tisit. ,.. 7' . _ ... _ .., , , _ ..... . ,. t .:, .. ,,* ... 1 . '''' . _. .. . . . , . .._ •14 +I' L: K J 1 ;Mk\ / •;•'-'. . 4 ii;44.4;•‘ • r.. , ,,, ,. . , 2.„,i. ,gI to - . . . . .. .._ . • . t i, . • n � , � N'/4��, . . _ - co) • I 1O ' i , Q N t 4 L Z L PeOw kunoo, 11 '' .\ - , w _T 0,3 o . - . CC Loir . . , U . _ :_. _ ..• ... t , . . _ _ __ ._. . , . „ , . „it,- - , . . i - • -' hi......._ „ . .... _ . a Pine Bluffs Gravel&Excavating,Inc. October 31,2014 Harms Pit • 6.4.10 F.XHIRIT.1-Vevetatinn lninrmatina (I) The Operator/Applicant shall include in this Exhibit a narrative of the following items: (a) descriptions of present vegetation types,which include quantitative estimates of cover and height for the principal species in each life-form represented(i.e.,trees,tall shrubs, low shrubs,grasses,forbs); The premining vegetation is dryland cropland and is currently wheat stubble. (b) the relationship of present vegetation types to soil types, or alternatively, the information may be presented on a map;and The entire affected area is covered by non-native dryland crop. Soils types are illustrated on Map I-1 (c) estimates of average annual production for hay meadows and croplands, and carrying capacity for range lands on or in the vicinity of the affected land, if the choice of reclamation is for range or agriculture. (2) The Operator/Applicant shall show the relation of the types of vegetation to existing topography on a map in Exhibit C. In providing such information, the Operator/Applicant may want to contact the local Soil Conservation District. Pre-mining topography is shown on Map C-2. As stated previously, the entire affected area is covered by non-native dryland crop. • • 31 Pine Bluffs Gravel & Excavating, Inc. October 31, 2014 Harms Pit • 6.4.11 EXHIBIT K-Climate Provide a description of the significant climatological factors for the locality. The Western Regional Climate Center website was accessed to obtain climate data for the Harms Pit area and is presented below. The closest active weather station to the mine is the Greeley UNC, Colorado site. The average annual precipitation is 14 inches including about 40.4 inches of snowfall. The average frost-free period is 172 days. The high plains in the area are somewhat sheltered from the winds by the nearby mountains to the west. The average annual wind speed is 6.8 mph with the northerly prevailing wind direction, shifting to easterly in the summer months. The consistent wind in the area makes it a preferable location for wind energy production. GREELEY UNC, COLORADO (053553) Period of Record Monthly Climate Summary Period of Record : 3/ 1/1967 to 3/31/2013 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual Average Max. 41.9 47.1 56.7 64.9 73.9 84.4 90.3 88.0 79.9 66.8 51.5 41.9 65.6 Temperature (F) • Average Min. 15.5 19.8 27.0 34.8 44.1 52.9 58.5 56.3 47.0 35.5 24.7 16.5 36.0 Temperature (F) Average Total 0.46 0.37 1.02 1.79 2.43 1.86 1.51 1.36 1.08 1.06 0.75 0.51 14.20 Precipitation (in.) Average Total 5.7 4.3 7.1 4.7 0.8 0.0 0.0 0.0 0.6 3.3 6.7 6.6 39.7 SnowFall (in.) Average Snow 2 1 0 0 0 0 0 0 0 0 1 1 0 Depth (in.) Percent of possible observations for period of record. Max. Temp.: 100% Min. Temp.: 100% Precipitation: 100% Snowfall: 97.8% Snow Depth: 95.3% Check Station Metadata or Metadata graphics for more detail about data completeness. Source: http://www.wrcc.dri.edu/cgi-bin/cliMAlN.pl?co3553 32 Pine Bluffs Gravel&Excavating,Inc. October 31,2014 Harms Pit • 6.4.12 yXRIRnT r,-Reclamation Cost (1) MI information necessary to calculate the costs of reclamation must be submitted and broken down into the various major phases of reclamation. The information provided by the Operator/Applicant must be sufficient to calculate the cost of reclamation that would be incurred by the state. 32.2 0.5 25975 $1.25 $32,468.33 3a 90 $125.00 $11,250.00•� „�'"'°e . fi� e ask. I', • 32.2 5 6.44 $150.00 $966.00 32.2 $250.00 $8,050.00 32.2 $200.00 $6,440.00 i ' ML-iel is 32.2 $65.00 $2,093.00 Grand Total Cost $61,267.33 (2) The Office may request the Operator/Applicant to provide additional, reasonable data to substantiate said Operator/Applicant's estimate of the cost of reclamation for all Affected Lands. Additional information will be provided if requested. • 33 Pine Bluffs Gravel& Excavating, Inc. October 31,2014 Harms Pit • 6.4.13 EXHIBIT M-Other Permits and licenses A statement identifying which of the following permits,licenses and approvals the Operator/Applicant holds or will be seeking in order to conduct the proposed mining and reclamation operations: effluent discharge permits, air quality emissions permits, radioactive source material licenses, the State Historic Preservation Office clearance, disposal of dredge and fill material (404) permits, permit to construct a dam, well permits, explosives permits, highway access permits, U.S. Forest Service permits, Bureau of Land Management permits, county zoning and land use permits, and city zoning and land use permits. 1. Air Pollutant Emission Notice (APEN) and Application for Construction Permit And Fugitive Particulate Emissions Control Plan. 2. Access Permit Application for all points of ingress and egress onto County maintained roadways. 3. Colorado State Historical Preservation Office clearance (We have been informed that if there is no federal nexus for this project, but there is oversight from the Colorado Division of Reclamation Mining Safety (DRMS), that DRMS normally contacts the Colorado State Historical Preservation Office during the application review). 4. The proposed site for the gravel permit will be a dry pit and is far from a natural river, thence the ground water table should not be encountered by the operation. The mining operation will not expose any groundwater. There will not be any pollutants discharged into any State waters. 5. The proposed gravel site is not located on any federal lands or U.S. Forest Service. 6. Weld County Colorado Planning does not permit Section 110 Permits. Proof of evidence of the State permit will be submitted to the Planning office for their files. 7. Stormwater Management Plan permit from the Colorado Department of Public Health and • Environment. 8. Any other permit that would be required that we have not identified at this time. • 34 Pine Bluffs Gravel&Excavating, Inc. October 31,2014 Harms Pit • 6.4.14 EXHIBIT N-Source of I,enal Rioht to Enter The source of the Operator's/Applicant's legal right to enter and initiate a mining operation on the affected land.(Same requirements as Rule 6.3.7). See attached lease agreement. • • 35 Pine Bluffs Gravel &Excavating, Inc. October 31,2014 Harms Pit • This LEASE,made in duplicate,this_28th day of_Decembers 2012,by and between Janyce Harms__,herinafter LESSOR,and PINE BLUFFS GRAVEL and EXCAVATING,Inc,hereinafter,LESSEE. 1. LEASED PREMISES AND TERM LESSOR,in consideration of the rents,covenants and agreements of LESSEE, hereinafter set forth,and in consideration of each and every act to be done by the parties hereto,does by these presents exclusively let,lease and rent to J.FSSEE for a term of five (5)years from the date of this LEASE or until terminated as herein provided,a certain tract of land described as follows: Section 34,township 11 North,range 58 West,6m principle meridian,Weld County Colorado,hereinafter referred to as PREMISES,for the purpose of mining and storing dirt,sand,gravel,and rock,hereinafter MATERIAL.The LESSEE shall have the right to extend this LEASE for an additional term of five(5)years by giving the LESSOR a written notice of such extension sixty(60)days previous to the expiration of the original five year term of this LEASE. 2. LESSOR'S WARRANTIES LESSOR warrants that she has marketable title to the PREMISES and authority to enter into this LEASE and so dispose of the MATERIAL deposits located on the PREMISES. 3. LESSOR'S COVENANTS LESSOR agrees LESSEE may obtain a Title Search on the PREMISES.If the title search • show there is a mortgage on the PREMISES,LESSOR shall furnish to the LESSEE a copy of the mortgage and agrees to obtain a signed mortgagee's waiver of royalty payments,or in lieu thereof,written instructions from the mortgagee and LESSOR for payment of the royalty. 4. LESSEE'S USE OF THE PREMISES LESSEE shall have the exclusive right and authority to go upon said PREMISES with its employees,trucks and machinery and such other elquipment as may be necessary for the purpose of mining and removing from the PREMISES all MATERIAL as LESSEE may desire. LESSEE,shall have full and complete access to any sand,gravel,and rock pits over and across the PREMISES of the LESSOR,including the right of ingress and egress thereto and therefrom for only those activities directly related to the mining of aggregate materials from the PREMISES. LESSEE shall have the further right,if it so desi■es,to erect and maintain on PREMISES, at its own cost and expense,such machinery and equipment as it shall deem necessary for the prupca and economical working of said pit or pits and the removal of MATERIAL therefrom.LESSEE shall have the right to remove,if necessary,and where LESSEE may consider advisable,any soil,waste sand or overburden from such MATERIAL and to deposit the same on PREMISES. 5. ENVIRONMENTAL CARE OF PREMISES • 36 Pine Bluffs Gravel& Excavating, Inc. October 31,2014 Harms Pit • LESSEE shall not bury or cause to be buried any trash or debris on the PREMISES.If the LESSEE should cause hazardous materials to be disposed of on the PREMISES,the LESSEE shall be responsible for cleanup of the contaminated area at LESSEE'S expense,regardless of the time frame which may be required by any governmental authorities supervising the elimination of the contamination,even though such elimination may extend beyond the term of this LEASE. LESSEE shall remove all dirt,sand rock,or other material brought onto the PREMISES when LESSEE has completed its mining operations on the PREMISES. 6.TERMINATION LESSEE may terminate this LEASE before the end of the LEASE term if LESSEE has completed its excavation operations on the PREMISES.LESSEE shall be deemed to have completed LESSEE'S operations when,in LESSEE'S sole discretion,further excavation of MATERIAL would no longer be economically desirable to LESSEE either because of the quantity or quality or location of the remaining deposits of the MATERIAL. 7.PAYMENT FOR MATERIAL LESSEE shall pay or cause to be paid to the LESSOR an amount of Forty(0.40)cents per ton of MATERIAL removed from the PREMISES.Such payment will be made to the LESSOR or any other person or entity at a time or place as so designated by the LESSOR Payment from the LESSEE to the LESSOR shall be made by the_10th day of the month following removal of the MATERIAL,from the PREMISES.Claims for • payment for the MATERIAL made by other parties shall not be the responsibility of the LESSEE. S.LESSEE ADDITIONAL PREMISES USE LESSEE shall have the right to bring onto thereafter to remove from the PREMISES dirt, rock or other MATERIAL which may be used in the formulation of the final product produced.All tonnages of such product shall be separately accounted for when leaving the PREMISES.No royalty or any other compensation shall be paid by the LESSEE to the LESSOR for dirt,send,rock or other MATERIAL which may be brought on the PREMISES.The LESSEE may require additional help from other coati actors to fulfill aggregate mining requirements.The LESSOR does agree to allow LESSEE-approved contactors to enter and work on the PREMISES. 9.LESSOR USE OF THE PREMISES LESSOR shall have the unrestricted use of the PREMISES for any and all purposes except for the production,stockpiling,processing and shipment of sand,gravel and rock therefrom during the term of this LEASE. 10.LESSEE'S REMOVAL OF EQUIPMENT Upon the termination of this LEASE,whether by lapse of time or by termination berimw of completion of operation,or otherwise,LESSEE shall have the right and obligation to • 37 Pine Bluffs Gravel& Excavating, Inc. October 31,2014 Harms Pit • take and remove from said PREMISES any and all machinery and equipment belonging to LESSEE within 90 days of termination. 11.TAXES LESSOR agrees to pay before delinquency all taxes and special assessments levied with respect to the PREMISES during the term of the LEASE or any extension thereof. I2.WRITTEN MODIFICATION ONLY No action of any of the parties hereto shall be construed as an extension of the term of this LEASE or creation of a new agreement unless the same is in writing and signed by the parties hereto. 13.INSURANCE AND INDEMNITY LESSEE will at all times during the term of this LEASE,at their own cost and expense, insure and keep in effect on the real property such public liability insurance in the amount of$1,000,000 to insure LESSOR and LESSEE against all claims,demand or actions for injuries to or death of any one person,and for injury to or death of more than one person in any one accident.Provided,however,LESSOR and LESSEE shall cross-indemnify, protect and hold each other and their successors,heirs and assigns harmless from and against all damages,claims,attorney fees and demands arising out of the use of the PREMISES. 14.RELATIONSHIP OF PARTIES C. LESSEE shall in no event be construed for any purposes to be a partner,joint venture or • associate of LESSOR or any sub-lessee,concessionaire,operator,or licensee of LESSOR with respect to the PREMISES. 15.LAND CONFORMATION AFTER MINING No mining of the PREMISES shall occur closer then fifty(50)feet of the property line of the PREMISES.After mining is completed the PREMISES will be left in a physical condition,which is pleasing to the eye and shall not be a hazard to cattle or the use of the property by the LESSOR. 16.CONTINGENCY LESSEE is not obligated to perform unless all of LESSOR'S obligations under the terms of this LEASE have been fulfilled. 17.SUCCESSORS AND ASSIGNS This I.F.ASP shall be binding upon and inure to the benefit of the respective heirs, representatives,successors and assigns of the parties hereto. IN WITNESS WHEREOF the parties have executed and caused the due execution hereof respectively of duplicate copies,both of which shall be deemed originals as of the day and year above written. • 38 Pine Bluffs Gravel &Excavating, Inc.Harms Pit October 31,2014 • LESSOR CZ),-, 4 Pine Bluffs Gravel&$fccavating,Inc. LESSEE. L. ' ' ., 76�cuirito Janyee (/ 1) 7( becSee A,a5 poi ? ertt,fieg (3hc& Lera , eras-Sr. 0c 3 rasI pit w; 4.,. -tw �5 (r t of let 5-e, a ray', 5 4-et-nib ` ri At /o fer'nve unprocessed) ',idealZ) �. e5Sor ref�+�HS � co persvra, l uSe O.+ y•-c) &Lar3eo tt4 lV • • 39 Pine Bluffs Gravel &Excavating, Inc. October 31, 2014 Harms Pit • 6.4.15 EXHIBIT O-Owner(sl of Record of Affected Land(Surface Areal and Owners of Substance to he Mined The complete list of all owners can be submitted as a list or on a map in Exhibit C. Janyce Harms is the owner of all of Section 34, T11 N, R58W and the sand/gravel to be mined. • • 40 Pine Bluffs Gravel &Excavating, Inc. October 31, 2014 Harms Pit • 6.4.16 EXHIBIT P-Municipalities Within Two Miles A list of any municipality(s) within two miles of the proposed mining operation and address of the general office of each municipality. There are no municipalities within two miles. The closest municipality to the proposed gravel pit is Grover, Colorado, located about 20 miles west of the Harms Pit. • • 41 AFFIDAVIT OF MAILING • In the Matter of the Limited Impact (112) Operation Reclamation Permit Application State of Wyoming ) County of Laramie ) ss. Doug Keller, of Pine Bluffs Gravel & Excavating, Inc., being duly sworn,deposes and says: That he is over the age of eighteen years; That on ./10d 7 , 2014, by regular first class and/or certified mail properly enclosed in a sealed envelope with the prepaid postage thereon,he deposited in the United States mail, at 115 W. 4th Street, Pine Bluffs, WY,82042, notices, a true and correct copy of which is hereunto attached and made a part hereof, address to the following: Weld County Commissioners • 1150 O Street P.O. Box 758 Greeley, CO 80632 The receipts for certification of said letters are hereunto annexed and made a part hereof. I certify that the foregoing is true and correct. Dated this -1 day of y.c - , 2014. Doug Keller/Project Manager Affiant Subscribed and sworn to before me this `-1 day of November, 2014 • DEBORAH L.MORGAN-NOTARY PUBLIC COUNTY OF STATE OF Notary Public LARAMIE f `' WYOMING M CommisaWn-Exe • U.S. Postal Service CERTIFIED MAIL . RECEIPT N (� N (Domestic Mail Only;No Insurance Coverage Provided) n.j m Lq u'1 F•r.elivery inf•rmoti•n visit•ur website Iwww.us•s.c•m.. M1 ? f` ▪ crM1' N Postage $ v.-, p p C;efl,tled Fee o r-q _ _ _ ___ Postmark. rI w l Q Return Receipt Fee Here CI '- Lki � iEndorsement Required) o o O� p p <z s O p Restrsemenelivery Fee < ('cpdGrsemeni Required) p x' a a m srcrion co co Total Postage&Fees $• LctS o efrr To �'.43 �x ^ztS_SCvn _ Nis CI. O weer,Apt. o.: .... p O or No. . S.' -1 .�i 5- r' ~ City,Stets,,zIP+4 ,'r ,- ( 9 • PS Form 3800,August 1008 See Reverse for Iristiuctiaxs • • AFFIDAVIT OF MAILING • In the Matter of the Limited Impact (112) Operation Reclamation Permit Application State of Wyoming County of Laramie ) ss. Doug Keller, of Pine Bluffs Gravel & Excavating, Inc., being duly sworn,deposes and says: That he is over the age of eighteen years; That on .24) ' , 2014, by regular first class and/or certified mail properly enclosed in a sealed envelope with the prepaid postage thereon,he deposited in the United States mail, at 115 W. 4th Street, Pine Bluffs, WY,82042, notices, a true and correct copy of which is hereunto attached and made a part hereof, address to the following: West Greeley Conservation District • 4302 W 9th St. Rd Greeley, CO 80634 The receipts for certification of said letters are hereunto annexed and made a part hereof. I certify that the foregoing is true and correct. Dated this `1 day of s`-`OL"\CI i,, , 2014. �/- /i✓cry Doug Kelt r, Project Manager Affiant Subscribed and sworn to before me this —1 day of November 2014. • DEBORAH L.MORGAN NOTARY PUBLIC ; ; COUNTY OF Aa STATE OF ' ' LARAMIE �.! WYOMING C 1 �l�C � Mx.?ommiat E '!°! ! N:74 lid Notary Public • • U.S. Postal Service,,., 0 CERTIFIED MAIL,, RECEIPT m � o 0 IN-m z 1 �.,. h (Domestic Mail Only;No Insurance Coverage Provided) 2 I s a M1 M1 For delivery information visit our website at fU 31 s.co m kl\ ru www.uap m„ m !sr� m m' 3oi ▪ m m g: q v� 1 O '. o'Q O O fii iFee: o t'''IQ 0 o a fug, f ▪ O O c R`turr,aa;E-k•1 Fee ir--------,---.4I ";.05, 2S1� D a l ndweewentReNLreR, nr2;Y. Here a Y=1~ - O a indorsceortrer4Fee S c¢r ry. rcsnt Feq��irsdi + m i/�� es,�_ -I' EaI V � m m TGtfll Fbeldie&F,3re iLl O rl I l ri IM g • 400 r' M1 or PO No. ---- Gst RA,_ . ..... GC.L.c 1. • / nitric nI . ... Co • • • Pine Bluffs Gravel&Excavating, Inc. October 31,2014 Harms Pit • 6.4.17 EXHIBIT 0 - Proof of Mailing of Notices to Board of County Commissioners and Soil Conservation District Proof that notice,of the permit application was sent to the 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 local Soil Conservation District,pursuant to Subparagraph 1.6.2(1)(a)(ii). Insert proof of notice to County Commissioners and SCS here • 42 • • U.S. Postal Service r CERTIFIED MAIL. RECEIPT 7 (Domestic Mail Only;No Insurance Coverage Provided) 111 • I �� t For delivery information visit our website at www.usps.com„ u-iN „it N M1 ... -__. L112.1. 11 ❑• s S `G r�' r"1 ra Postage g ra oo;Q r ry ®_ 0 °o r� 0 Cediiied Fee _ - - P,ystrna; Lk, r stale Return Receipt fee CI w T r d �— 0 0 (Endorsement Required) 0 `o'.r C O Restricted DetvervFee 0 u 1I'-` _-- (Endorsement Required) err r^ �� a 0 $ N w Total Postage&Fees � y2r� r-7 �J tipo W .----- en o U� ._IRe._._._.S4. r �� O ' �� 0. 0 orPO Box No. r__ .Q_ ...... A o r N �nY.818te. IP+4 • )b r A • See Feverse mrinstructbn' r I r PS tUmi asoo.Au•ust'IDOb • AFFIDAVIT OF MAILING • In the Matter of the Limited Impact (112) Operation Reclamation Permit Application State of Wyoming County of Laramie ) ss. Doug Keller, of Pine Bluffs Gravel & Excavating, Inc., being duly sworn,deposes and says: That he is over the age of eighteen years; That on %/ov. ' , 2014, by regular first class and/or certified mail properly enclosed in a sealed envelope with the prepaid postage thereon,he deposited in the United States mail, at 115 W. 4th Street, Pine Bluffs, WY,82042, notices, a true and correct copy of which is hereunto attached and made a part hereof, address to the following: Weld County Clerk/Recorder 1420 N 17th Avenue Greeley, CO 80632 • The receipts for certification of said letters are hereunto annexed and made a part hereof. I certify that the foregoing is true and correct. Dated this -1 day of CI ct v,yy, - , 2014. Doug Keller, Project Manager Affiant Subscribed and sworn to before me this `1 day of November, 2014 LI, t e.l Notary Public • DEBa CWT: ORF!r... aORGAN—NOTARY PUBLIC CO e ' "f .( a STATE OF lAH„t: c { ,;a WYOMING •m Commission - rrs .T _ Pine Bluffs Gravel&Excavating, Inc. October 31,2014 Harms Pit • 6.4.18 EXHIBIT R-Proof of Filing with County Clerk and Recorder An affidavit or receipt indicating the date on which the application was placed with the local County Clerk and Recorder for public review,pursuant to Subparagraph 1.6.2(1)(c). Insert proof of notice to County Clerk and Recorder here • • 43 Pine Bluffs Gravel &Excavating, Inc. October 31,2014 Harms Pit • 6.4.19 EXHIBIT S-Permanent Man-made Struetnreg 115(4)(e) Where the 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 may either: A pipeline owned by Trailblazer Pipeline was installed across the existing access road within the last year. The pipeline is located about 480 feet from proposed mining operations, but all traffic to and from the mine will cross over the top of it. (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 A notarized agreement between I iailblazer Pipeline and Pine Bluffs Gras el&Excavating is included on the following pages. (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. • • 44 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 63.12(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.RS. §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 ter s 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: pipeline 1. 2. 3. 4. 5. • (Please list additional structures on a separate page) • CERTIFICATION The Applicant, Pine Bluffs Gravel & Excavating (print applicant/company name), by (print representative's name), as President (pmt representative's title), does hereby certify that Trailblazer Pipeline (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 Harms Pit (operation name), File Number M-2013.018 . 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 APPLICANj • ACKNOWLE e, Applicant Representative Name 1 psL t rn- j k ts Date 11-Li , 4 Title PfeStr>s- STATE OF Lottow.t nOk ) %I)ss. COUNTY OF I nn w.;# ) The foregoing was acknowledged before me th day of I3Oe ✓ 20 I DO Mr t V r.,- -'- as -Prae..aats.br of i,..1 Riu. nx ¢dcrtcy i My Commission Expires: I A-;1-15 Public DEBORAH L.MORGAN-NOTARY PUBLIC COUNTY OF • STATE OF LARAMIE WYOMING .%%CommkdannIres 1.1 ) - • • NOTARY FOR STRUCTURE OWNER ACKNOWLEGED BY: Structure Owner lY&1/6/n-2t> nrebir7@ Zit Name Date 1//4// 1-- Title P z (`r n s STATE OF eoioro.ao ) )ss. COUNTY OFZc{ ,cso.A ) The foregoing was acknowledged before me this y day of A)o oQ+-1.er , 201 Y,by /kb. QaC4e.r as UP - Neat 4, .r of trust blaze. R.p.l:+e et C My Commission Expires: I 1- 1 ? - It No Public CODY L WAGONER OCOO O W MY CO SS*EGIREsrBCE1wEa to a11! • • Pine Bluffs Gravel&Excavating, Inc. October 31,2014 Harms Pit • 6.5 GEOTECHNICAL STABILITY EXHIBIT I16(4)(i) (1) On a site-specific basis, an Applicant shall be required to provide a geotechnical evaluation of all geologic hazards that have the potential to affect any proposed impoundment, slope, embankment, highwall, or waste pile within the affected area. The Applicant may also be required to provide a geotechnical evaluation of all geologic hazards, within or in the vicinity of the affected lands, that may be de-stabilized or exacerbated by mining or reclamation activities. On a site-specific basis, an Applicant shall be required to provide engineering stability analyses for proposed final reclaimed slopes, highwalls, waste piles and embankments. An Applicant may also be required to provide engineering stability analyses for certain slopes configuration as they will occur during operations, including,but not limited to embankments. Information for slope stability analyses may include, but would not be limited to, slope angles and configurations, compaction and density, physical characteristics of earthen materials, pore pressure information, slope height,post-placement use of site,and information on structures or facilities that could be adversely affected by slope failure. (3) Where there is the potential for off-site impacts due to failure of any geologic structure or constructed earthen facility, which may be caused by mining or reclamation activities, the Applicant shall demonstrate through appropriate geotechnical and stability analyses that off-site areas will be protected with appropriate factors of safety incorporated into the analysis. The minimum acceptable safety factors will be subject to approval by the Office, on a case- by-case basis, depending upon the degree of certainty of soil or rock strength determinations utilized in the stability analysis, depending upon the consequences associated with a potential failure, and depending upon the potential for seismic activity at each site. • (4) At sites where blasting is part of the proposed mining or reclamation plan, the Applicant shall demonstrate through appropriate blasting, vibration, geotechnical, and structural engineering analyses, that off-site areas will not be adversely affected by blasting. Blasting will not be necessary or utilized for mining operations at the Harms Pit. Additional stability information will be provided, if requested. • 48 Hello