HomeMy WebLinkAbout20153479.tiff anittlini _
OTIS , BEDINGFIELD &. PETERS , LLC
ATTORNEYS AT LAW
John A. Kolanz
2725 Rocky Mountain Avenue, Suite 320
Loveland, Colorado 80538
970-663-7300
jkolanz@nocoattorneys.com
May 20, 2015
Weld County Department of Planning Services
Attn: Chris Gathman
1555 N. 17th Avenue HAND DELIVERY
Greeley, Colorado 80631
Re: Timmerman/Wells Pit, Use by Special Review (Mining Operation) Application
PRE 15-0047
Dear Mr. Gathman:
Enclosed is an application package requesting authorization of the Timmerman/Wells
Gravel Pit by special review. Also enclosed is a check for $6940.00 to cover the application fee.
I will provide you access to an electronic version of the package via Dropbox by separate e-mail
today. The mine would be located on 106.4 acres in rural Weld County about seven miles northeast
of Keota and 12 miles northwest of New Raymer. Please contact me if you have any questions
regarding this matter.
Si erely,
am_ , koL'Add
hn A. Kolanz
Encl.
Use by Special Review (Mining Operation) Application
Timmerman/Wells Gravel Pit
(PRE 15-0047)
May 20, 2015
Wells Trucking LLC
32010 Weld County Road 63
Gill, Colorado 80624
APPLICANT CONTACT
John A. Kolanz
Otis, Bedingfield & Peters, LLC
2725 Rocky Mountain Avenue, Suite 320
Loveland, Colorado 80538
970-663-7300
jkolanz@nocoattorneys.com
OTIS, BEDINGFIELD LC PETERS, LLC
ATTORNEYS AT LAW
CONTENTS
Authorization Letters Tab 1
Application Form Tab 2
Special Review Plat Map Tab 3
Use by Special Review Questionnaire Tab 4
Weld County Road Access Permit Application Form Tab 5
Water Supply Tab 6
Sewage Disposal Tab 7
Copy of Deed and Certificate of Conveyances Tab 8
Noise Narrative Tab 9
Legal Right to Enter Tab 10
Division of Reclamation, Mining and Safety
Section 112 Permit Application Tab 11
Oil and Gas Agreements Tab 12
Ditch/Irrigation Agreement Tab 13
Affidavit of Interested Landowners Tab 14
Drainage Narrative Tab 15
Traffic Narrative Tab 16
Waste Handling Plan Tab 17
Dust Abatement Plan Tab 18
Statement of Non-Flood Hazard Area Tab 19
Statement of Geologic Hazard Overlay District Tab 20
Tab 1
Authorization Letters
Timmerman/Wells Pit USR Application
Wells Trucking LLC
March 25, 2015
Weld County Department of Planning Services
Attn: Chris Gathman
1555 N. 17`h Avenue
Greeley, Colorado 80631
Re: Timmerman/Wells Pit, Use by Special Review (Mining Operation) Application
PRE 15-0047; Confirmation of Authorized Representative
Dear Mr. Gathman:
Wells Trucking LLC will operate a gravel mine on property generally described as a parcel
of land encompassing a portion of the West Half of Section 10, Township 9 North, Range 59 West
of the 6th Principal Meridian, County of Weld, State of Colorado. Timbro Ranch & Cattle
Company, LLC owns both the surface and mineral estates on this parcel. This is to confirm that
Wells Trucking LLC and its authorized representatives may act on behalf of Timbro Ranch &
Cattle Company, LLC for all work related to compiling the above-referenced Application,
including signing the application form.
Sincerely,
7)
R ld Timmerman
bro Ranch & Cattle Co. LLC
14
WELLS
TRUCKING
tame alie, CO
32010 Weld County Road 63
Gill, CO 80624
970-352-1790 (Office), 970-352-2952 (Fax)
May 19, 2015
Weld County Department of Planning Services
Attn: Chris Gathman
1555 N. 17th Avenue
Greeley, Colorado 80631
Re: Timmerman/Wells Pit, Use by Special Review (Mining Operation) Application
PRE 15-0047; Confirmation of Authorized Representative
Dear Mr. Gathman:
This is to confirm that John A. Kolanz, attorney with Otis, Bedingfield & Peters, LLC, is
authorized to act on behalf of Wells Trucking LLC for all work relating to the above-referenced
Application. Please make John the primary point of contact and include him on all correspondence
related to this application. John may be contacted at:
John A. Kolanz
Otis, Bedingfield & Peters, LLC
2725 Rocky Mountain Avenue, Suite 320
Loveland, Colorado 80538
970-663-7300
JKolanz@nocoattorneys.com
Sincerely,
shwa B. Wells Date
Wells Trucking LLC
DEPARTMENT OF PLANNING SERVICES
1555 N 17th Ave, Greeley, CO 80631
Phone (970) 353-6100 x3540 Fax (970) 304-6498
USE BY SPECIAL REVIEW (MINING OPERATION) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT # /AMOUNT # /$ CASE # ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
To be completed by APPLICANT is accordance with procedural guide requirements:
1 . I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a
proposed Gravel (gravel, coal, borrow pit, etc.) mining operation for the following described
unincorporated area of Weld County:
Legal Description S 1/2 of NW 1 /4 and N 1 /2 of SW 1/4 , Section 10 , Township 9 North, Range 59 West
Flood Plain: N/A Zone District: AG , Total Acreage: 106.4 , Overlay District: N/A
Geological Hazard: N/A , Airport Overlay District: N/A
aVa eH : ne 4.t. t le\-4-5
2. Surface owners) of area ofnd described
Name: Timbro Ranch & Cattle Co. LLC Address: PO Box 367 Phone: (402) 253-2519
Name: Address: Springfield, NE 680 Phone:
'f ar„l;f A ppl;ci/Oper-a,Ior
3.
Name: Wells Trucking LLC Address: 32010 WCR 63 Phone: 970-356-4671
Name: Address: Gill, CO 80624 Phone:
Apphc.a.ti Represe4 -;vie/ 7o crsead
4. Applicant's name: John A. Kolanz Email Address Jkolanz@nocoattorneys.com
Address: 2725 Rocky Mountain Avenue, Loveland, CO 80538 Phone: 970--663-7300
5. Identify any prior permits for mining held by applicant or affiliated person:
None
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with
or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee
owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee
owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included
indicating that th signatory has to legal authority to sign for the corporation.
37/
nature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date
14
Wells Trucking LLC
Use by Special Review (Mining Operation) Questionnaire
1. Provide a detailed description of the method of mining operations, including:
a. The types and numbers of structures that will be erected (built) on site
including operation and processing equipment to be employed.
The operator will use standard excavators and loaders to recover the gravel, which will be
sold, at least initially, to oil and gas interests. No blasting will be required. Off-highway
haul trucks will be utilized to move material to a processing area. The operation will
process gravel with a Johnson Crushers International model K300-6203CC FFC crusher
and screening plant to produce suitable material for sale. The operation will also include
a portable lavatory and a temporary construction trailer to provide shelter for personnel,
office equipment, paperwork, and computers.
b. The number of shifts to be worked and the maximum number of employees.
The maximum number of employees expected on-site is six. Work shifts will be from 7:00
a.m. to 5:00 p.m., Monday through Saturday, year-round, assuming favorable market
conditions.
c. Whether the operation will involve a wet or dry pit.
The operation will be a dry pit.
d. County roads and bridges to be utilized, along with site entrance/exit points.
(Coordinate with County Engineer.)
Facility access will be through an existing ranch road over property owned by Timbro
Ranch & Cattle Company, LLC. The existing ranch road opens onto Weld County Road
119, approximately one mile north of Weld County Road 104 and approximately 2 miles
south of Weld County Road 110. Haul trucks are expected to access Weld County Road
119 from Weld County Road 110 to the north, and from Weld County Road 104 to the
south. There are no bridges along this route.
e. The size of the area and stages to be worked at any one time.
The size of the affected area is 106.4 acres. However, the maximum area to be disturbed
at one time prior to reclamation will be 37 acres. The site will be excavated in two areas
(west and east). The west area (Phase 1) will cover 12.7 acres and the east area (Phase 2)
will cover 19.2 acres. The pit is expected to be operational for about two years.
Reclamation will begin at the termination of mining activities.
f. A timetable giving the periods of time and number of phases to be worked,
which will be required for the various phases of the operation.
Mining will be conducted in two phases as shown on the submitted Extraction Plan Map.
It is anticipated that each phase will be mined for approximately one year and will not be
concurrently mined.
g. The depth and thickness of the mineral deposit to be mined and the thickness
of the overburden to be removed.
The gravel deposit to be mined ranges from nine to over 30 feet thick, and lies beneath a
thin topsoil layer. Minimal stripping of topsoil will be required to access the mineral
deposit. The top soil will be salvaged onsite for use during the reclamation process.
h. The proposed use of the reclaimed lands and an explanation of the reclamation
process.
After mining, the land will be regraded using spoil material left over from the processing
operation to maintain surface water flow patterns and vegetation growth similar to pre-
mining conditions. Topsoil that was scraped from the site and separately stockpiled will
be spread across the site and tilled to a depth of four to six inches. The area will be re-
seeded with a native seed mixture consisting of warm and cool season grasses. Once the
area has been stabilized and revegetated, the site will again be suitable for use as rangeland.
i. The source of technical advice in that type of reclamation for open cut mining
land.
Engineering Analytics will provide the technical advice to reclaim the affected area.
2. A statement explaining how the proposal is consistent with the Weld County
Comprehensive Plan.
The proposal is consistent with the guiding principles of the Comprehensive Plan listed in Weld
County Code Section 22- 1-120, including specifically:
> Private Property Rights -- the right of citizens to own and utilize their property while
protecting community health, safety, and welfare.
> Fairness in the Land-Use Change Procedure -- this proposal is following the Use by Special
Review procedures outlined in the Weld County Code.
> Economic Growth -- the proposal will encourage economic prosperity and growth,
particularly in Weld County.
The proposal also accords with Weld County Code Section 22-2-20 (Agricultural Goals and
Policies), including specifically:
2
> G. A.Goal 7, which states that "County land use regulations should protect the individual
property owner's right to request a land use change."
> G. 1 . A.Policy 7. 1 , which states that "County land use regulations should support
commercial and industrial uses that are directly related to, or dependent upon, agriculture,
to locate within the agricultural areas, when the impact to surrounding properties is
minimal, or can be mitigated, and where adequate services are currently available or
reasonably obtainable."
Additionally, Weld County Code Section 22-5-70 recognizes the value of, and the need to develop,
commercial mineral deposits (aggregate). Moreover, Weld County Code Section 22-5-160 A.
UR.Goal 1 supports and encourages "the use of natural and other resources available in the County
by residents of the County."
Finally, the mine will provide gravel for ranching and oil and gas activities within Weld County,
and likely for County road maintenance and construction. The mine is located in a remote area of
the County with high gravel need, and will eliminate over 100 trips per day by large trucks on
roads in densely populated areas of the County.
3. A statement explaining how the proposal is consistent with the intent of the district in
which the use is located.
The proposed use would be located in an Agricultural Zone District. Such a District "is intended
to provide areas [to conduct] agricultural activities and activities related to agriculture and
agricultural production without the interference of other, incompatible land USES," as well as
areas for "USES by Special Review which have been determined to be more intense or to have a
potentially greater impact than USES Allowed by Right." Weld County Code Section 23-3-10.
The Weld County Code specifically contemplates gravel mining in the Agricultural Zone District
both as a Use by Right for smaller operations (Weld County Code Section 23-3-20.R.), and as a
Use by Special Review for larger operations (Weld County Code Section 23-3-40.A.6.).
The proposal would support agriculture, while not interfering with agricultural production in the
area. The mining area will be restored to rangeland upon completion of mining activities.
4. If applicable, a statement explaining what efforts have been made, in the location
decision for the proposed use, to conserve productive agricultural land in the
Agricultural Zone District.
The location for the proposed use is dictated by the existence of a viable gravel deposit within a
remote region of high gravel need. The mine would occupy a relatively small area within a vast
expanse of rangeland. The operator will make appropriate accommodations for ranching activities
on surrounding land. Impacts from the proposed mining operation will be temporary, and the
mining area will be restored to rangeland upon completion of mining activities.
3
5. A statement explaining that there is adequate provision for the protection of the
health, safety, and welfare of the inhabitants of the neighborhood and the County.
The operation will be located in a remote and sparsely populated region and will shift heavy
industrial activity from densely populated areas of the County. The operation will adhere to
applicable dust control, waste removal, and surface drainage plans, as well as applicable
requirements of the Weld County Code addressing land use, including the Use by Special Review
procedures.
6. A statement describing the existing surrounding land uses and explaining how the
proposal will be compatible.
Surrounding land is currently used for agriculture (rangeland) and oil and gas operations. The
proposed mine would directly support these uses by providing gravel for ranch roads and oil and
gas well sites.
7. A statement describing the existing land use.
The existing use is rangeland with active oil and gas operations on the parcel and adjacent
properties.
8. Describe, in detail, the following:
a. How many people (employees, visitors, buyers, etc.) will use the site?
The operation will employ approximately six people, but may be served by as many as 160
haul trucks per day. Approximately 0.5 fuel delivery trucks per week would also serve the
site. The site would also receive occasional visits from service trucks, customer
representatives, and garbage and sanitary services trucks.
b. What are the hours of operation?
The expected hours of operation are from 7:00 a.m. to 5 :00 p.m., six days per week.
c. What type and how many animals, if any, will be on this site?
Not applicable.
d. What kind (type, size, weight) of vehicles will access the site and how often?
Up to 160 trucks, consisting of Class 7 (GVWR 26,001 — 33,0001 is b) and Class 8 (GVWR
more than 33,000) dump trucks, will access the mine on a daily basis. An additional five
to ten pickups may also access the site on a daily basis. It is anticipated that fuel deliveries
will occur approximately every other week. It is also anticipated that a maintenance truck
will visit the site once a week to perform preventative maintenance on the equipment.
4
e. Who will provide fire protection to the site?
This area is served by the Pawnee Fire Protection District.
f. What is the water source on the property (commercial well or water district)?
The area is remote and not served by a water district. An existing well near the mining
area that is approved for industrial use will supply water for non-potable purposes, such as
dust suppression. The operator will provide bottled water for potable use.
g. What is the sewage disposal system on the property (existing and proposed)?
The site has no sewage disposal system and will be served by portable toilets. Tank
contents will be removed and disposed periodically in accordance with applicable
requirements.
h. If storage or warehousing is proposed, what type of items will be stored?
The operation will maintain on-site a 1,300-gallon diesel fuel storage tank, with secondary
containment, for refueling the mine's haul trucks, excavators, and processing equipment.
Other vehicle maintenance items may be stored on-site in a temporary construction trailer,
such as spare parts or grease guns to lubricate the equipment. More intensive maintenance
(e.g., oil changes, hydraulic fluids, etc.) will be completed by a maintenance contractor,
who will transport the needed supplies and petroleum products to the site. The maintenance
contractor will also remove any waste generated from the maintenance activities for proper
disposal.
i. Explain where storage and/or stockpile of wastes will occur on this site.
The operation will temporarily stockpile any unmarketable material resulting from gravel
processing near the processing site for subsequent use in reclaiming the mine. All
stockpiles will be protected from erosion by silt fence, earthen berms, or similar measures.
Trash will be collected and contained in a covered dumpster near the processing area and
hauled off-site regularly by a local trash service.
j. Explain the proposed landscaping/screening for the site.
The applicant proposes no landscaping/screening for the site. The operation will be located
in a remote area of Weld County. Topography and distance from County roads will provide
natural screening from the public.
k. Explain how long it will take to construct this site and when construction and
landscaping is scheduled to begin.
The access will be provided by an existing ranch road, so mining will begin immediately
upon receiving required authorizations.
5
1. Explain any proposed reclamation procedures when termination of the Use by
Special Review activity occurs.
Please refer to Item 1 .H., above.
m. Explain how the storm water drainage will be handled on the site.
We expect no runoff from the site since it consists mainly of porous soils (e.g., sand and
gravel). We do not anticipate the mining activities changing the overall imperviousness of
the site by more than ten percent or increasing storm water flow or concentration. Storm
drainage will be managed with silt fencing around excavated areas and erosion control
waddles. A detention pond will be added at the southern end of the site (see Extraction
Plan Map at Tab 3) to collect potential storm water runoff prior to flowing off-site. The
operator will implement best management practices to control storm water runoff as
necessary. Refer to the attached Drainage Narrative for more details.
n. Method and time schedule of removal or disposal of debris, junk, and other
wastes associated with the proposed use.
Portable toilets will be emptied weekly, or as needed, by the contractor providing sanitary
services to the site. A covered dumpster for trash and similar debris will be emptied
monthly, or as needed. No structures or debris associated with the mining operation will
remain onsite after reclamation.
o. A statement delineating the need for the proposed use.
A strong need for a local gravel source presently exists, created primarily by oil and gas
operations in the area. Wells Trucking has already secured buyers of the material, who are
currently importing gravel from distant mines at significant cost. The mine would also
supply gravel currently needed for local ranching operations, and potentially for road
maintenance by Weld County. The mine would decrease costs for the local market, and
remove significant truck traffic from more populated areas of the County.
9. A statement explaining the Use by Special Review area is not in a floodplain, geologic
hazard area, or Weld County Airport overlay district; or that the application
complies with Chapter 23, Article V, Overlay District Regulations as outlined in the
Weld County Code.
> According to the online FEMA Flood Map Service Center, the site is within a non-
printed flood map boundary. Non-printed panels indicate that no physical FIRM
panel was printed for the area in question and is only shown on the FIRM index
map for reference. FEMA typically uses the non-printed designation when an area
is entirely within a single flood zone. The nearest adjacent FIRM panel indicates
the site is located within Zone X, which is an area determined to be outside the 500-
6
year floodplain. The Weld County Property Information Portal confirms this
information.
> The Colorado Geological Survey has not completed any geological hazard mapping
in the proposed site area. Based on our site visit and the fact that there will be no
permanent structures built on the site, no geologic hazards were identified that
would adversely impact the development the proposed operation. The Weld
County Property Information Portal confirms this conclusion.
> Chapter 23, Article V of the Weld County Code indicates that the Airport Overlay
District is located in Sections 2 and 3, T5N, and Sections 26 and 35, T6N, R65W
of the 6th P.M. The proposed mining operation is not located in any of the foregoing
sections of land. Thus, the area is not within a Weld County Airport Overlay
District. The Weld County Property Information Portal confirms this conclusion.
7
Noise Narrative
The Timmerman/Wells Pit will be a dry mining operation located in a remote area of rural Weld
County about 12 miles northwest of New Raymer, and about seven miles northeast of Keota,
Colorado. The mine will provide a local source of construction materials to oil and gas and
ranching operations in the region. (The mine may also eventually supply materials to Weld County
for road maintenance.) As such, it will significantly reduce costs for operators in the area, and
greatly reduce large truck traffic on roads in densely populated parts of the County.
The mine processing area will be surrounded on three sides by a horseshoe-shaped ridge of the
gravel deposits to be mined. The topography of the area will naturally buffer the noise generated
by the operation. This topography combined with the mine's remoteness should make any noise
impacts on surrounding landowners negligible.
Tab 1 0
Legal Right to Enter and Mine
Timmerman/Wells Pit USR Application
Wells Trucking LLC
AFFIDAVIT OF RONALD TIMMERMAN
CERTIFYING LEGAL RIGHT-TO-ENTER
STATE OF Ooiôrazt 0 )
)ss.
County ofArapaJ? oo
I, Ronald Timmerman, being of lawful age and first duly sworn, depose and state as
follows:
1 . My name is Ronald Timmerman and I am an authorized representative of Timbro
Ranch & Cattle Co. LLC.
2. I have authority to grant entry to the Timbro Ranch & Cattle Co. LLC property
identified below.
3. Timbro Ranch & Cattle Co. LLC owns, among other properties in the area, the
entire West Half of Section Ten ( 10), Township Nine North (T.9N.), Range Fifty-nine West
(R.59W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado.
4. I certify that Wells Trucking, LLC has the legal right to enter and mine the
proposed Timmerman/Wells Pit to be located on certain property owned by Timbro Ranch &
Cattle Co. LLC generally described as a parcel of land encompassing a portion of the West Half
of Section Ten ( 10), Township Nine North (T.9N.), Range Fifty-nine West (R.59W.) of the Sixth
Principal Meridian (6th P.M.), County of Weld, State of Colorado.
DATED this 02{^} day of January, 2015 .
nal Ti a
Ir
The foregoing was acknowledged before me this20 1 ' day of January, 2015 by Ronald
Timmerman. Witness my hand and official seal .
JORDAN M HARRIS0N oxato
Notary Public
State of Colorado No ry Public
Notary ID 20134054510 ' Commission Expires: (LL4Q 7 )2 617
My Commission Expires Aug 28, 2017
Oil and Gas
The mine will be located on a parcel that supports ongoing ranching and oil and gas operations.
Timbro Ranch & Cattle Company, LLC owns the surface and mineral estates on the parcel. Noble
Energy, Inc. is the oil and gas lessee and owns and operates infrastructure on the parcel including
active wells, product lines, and frac ponds. The mine will supply construction materials to Timbro
Ranch & Cattle Company, LLC and oil and gas operations both on the parcel, and in the
surrounding area. (Oil and gas operations on the parcel and surrounding area will supply the main
market for the mine.) Wells Trucking LLC has coordinated with Timbro Ranch & Cattle
Company, LLC and Noble Energy, Inc. in the design of the site, and will continue to address any
concerns of those parties to ensure that the mining activities are compatible with ranching and oil
and gas operations on the parcel.
Ditch/Irrigation
No ditches or irrigation facilities exist on the property.
Waste Management
The operation is expected to generate limited amounts of waste requiring disposal. These wastes
will be comprised primarily of household (trash) and sanitary wastes. The operator will collect
and contain trash in a covered dumpster near the processing area, and have this waste removed
regularly by a local trash service, such as Waste Management of Northern Colorado, 40950 County
Road 25, Ault, Colorado 80610, (970) 674-2500.
The operation will manage sanitary wastes via portable toilets. The operator will utilize an
appropriate sanitary services provider to manage the toilets and remove and dispose of contents
periodically in accordance with applicable requirements.
Mining operations should generate minimal waste. The operator will temporarily stockpile non-
salable materials from gravel processing near the processing site for subsequent use in reclaiming
the mined area. Any leaks from equipment or vehicles will be addressed in accordance with
applicable requirements, including disposal at appropriate facilities.
Engineering Analytics, Inc. 1600 Specht Point Rd. Suite 209 Fort Collins, CO 80525 970.488.3111 www.EngAnalytics.com
Technical Memorandum
To: John Kolanz From: Rich Tocher, P.E.
Jason Andrews, P.E.
Company: Otis, Bedingfield & Peters, LLC Date: May 18, 2015
EA No.: 120513
Re: Dust Abatement Plan
Cc: Bill Moser — Wells Trucking LLC
This technical memorandum outlines the Dust Abatement Plan for the proposed
Timmerman/Wells Pit in Weld County, CO. Wells Trucking LLC will provide dust abatement
for the proposed mining operation. A water truck will be used to treat the on-site areas (haul
roads, aggregate processing area, etc.) in order to suppress dust. A 1000 gallon water truck
and/or sprinklers will be used to control dust in circulation areas and material handling/stockpile
areas. Vehicle speeds will be reduced on-site and posted at 10 mph on the access road into the pit
and 10 mph within the pit. All loaded trucks will be required to tarp/cover loads when entering or
exiting the pit to aid in dust suppression.
On a daily basis prior to starting up plant operations all haul roads, processing area, circulation
areas, and stockpiles will be inspected to determine if wetting the surfaces are needed. If the
roads and stockpiles are dry where dust could be generated they will be wetted using a water
truck. Areas that cannot be reached with the water truck will be wetted using sprinklers. The
same areas will be inspected again at mid-day to determine if wetting the areas is needed. Wells
Trucking LLC will have a water truck on stand-by so that if at any time during the day the
mining operations begin to generate dust that is leaving the site the area can be wetted
immediately.
May 18, 2015 1 Engineering Analytics, Inc.
Flood Hazard
According to the information contained on the Weld County Property Information Portal and
FEMA maps, the planned operation is not located within the floodplain, including the 500-year
floodplain.
Geologic Hazard
According to the information contained on the Weld County Property Information Portal, the
planned operation is not located within a Geologic Hazard Area.
ats
OTIS , BEDINGFIELD & PETERS , LLC
ATTORNEYS AT LAW
John A. Kolanz
RECEIVED 2725 Rocky Mountain Avenue, Suite 320
Loveland, Colorado 80538
970-663-7300
JUL012015 jkolanz@nocoattorneys.com
Weld County
Planning
Department
GREELEY OFFICE
July 1 , 2015
Weld County Department of Planning Services
Attn: Chris Gathman
1555 N. 17th Avenue HAND DELIVERY
Greeley, Colorado 80631
Re: Timmerman/Wells Pit, Use by Special Review (Mining Operation) Application
PRE 15-0047
Dear Mr. Gathman:
This responds to the completeness review comments you sent me via email dated June 11 ,
2015 regarding the above-referenced Use by Special Review Application. For ease of reference,
I repeat the comments below, and provide our response.
1 . The pre-application required an engineer to analyze the project for possible
drainage report and detention waiver and sign and stamp the engineering analysis. The
requirement was not submitted with the case application. Due to the nature and location
of the site, engineering would consider acceptance of the following: a) Full drainage
report and detention signed and stamped by a professional engineer w/ Certification of
compliance or b) Engineering drainage analysis signed and stamped, stating no negative
downstream property impacts, The analysis should include a request for a variance from
detention requirements stating the rationale behind the request. Also, both immediate
downstream property owners, TIMBRO and Wade, shall sign a letter stating, to the effect,
that they are aware of the USR and have no concerns about receiving additional storm
water runoff from the gravel mine onto their property. Planning would also recommend
that the USR applicant consider getting a drainage easement from the same owners
previously mentioned so as to protect themselves from future issues.
Response: Enclosed is a revised Drainage Narrative with attached signed and stamped figures
showing pre-mining and post-mining flow paths. Given the ample space available on-site, the
applicant plans to oversize the Water Quality Pond to prevent downstream impacts from additional
surface runoff The Water Quality Pond is sized to accommodate a 25-year precipitation event.
Chris Gathman
July 1, 2015
Page: 2
The Drainage Narrative concludes that there will be no negative downstream property impacts,
and requests a variance from detention requirements.
Regarding the request for a letter from downstream property owners, Timbro Ranch & Cattle
Company, LLC ("Timbro") owns the property on which the mining will occur, as well as the
underlying minerals, and will be compensated accordingly. Thus, Timbro has already consented
to the impacts from the mine. Additionally, the oversized water quality pond will reduce site
runoff compared to pre-mining levels. We therefore ask the County to rescind its request for a
letter from Timbro and Castor (presumably the reference to Wade is actually to Wade Castor)
stating that they have no concerns about receiving additional storm water runoff onto their property
as this does not reflect existing business relationships or expected site conditions.
2. With the expected high volume of traffic, PW traffic engineer may require a traffic
study to look at possible auxiliary lanes at the entrance onto CR 119. If required, PW will
include this in their case referral.
Response: In its May 20, 2015 application, Wells Trucking submitted a Traffic Narrative in which
it agreed to certain truck traffic trigger levels at the site. This was based on information received
from the County at the February 19, 2015 Use by Special Review Pre-Application Meeting, as
reflected in the minutes for that meeting. The uncertain oil and gas market will be the primary
driver for demand for the gravel produced by this operation. Production levels are difficult to
predict. We therefore believe that it remains appropriate to rely on traffic triggers for considering
road improvements. Notably, production levels currently expected upon startup of mining
operations are considerably lower than those anticipated at the February 19, 2015 Pre-Application
Meeting.
Please contact me if you have any questions regarding this matter.
dSi cerely,
(ay, a . Rot
ohn A. Kolanz
Encl.
Engineering Analytics, Inc. 1600 Specht Point Rd. A Suite 209 Fort Collins, CO 80525 • 970.488.3111 www.EngAnalytics.com m
Technical Memorandum
To: John Kolanz From: Jason Andrews, P.E.
Rich Tocher, P.E.
Company: Otis, Bedingfield & Peters, LLC Date: May 15, 2015
Revl . June 30, 2015
EA No.: 120513 +e Nei`
t di i
Re: Drainage Narrative — Request for Drainage Report % :•"• !8do 41i
r ‘ „,..*,,\,5• q •.O tag
Cc: Bill Moser — Wells Trucking LLC i :741 628i
� : ::•tes
‘��SSION NV jet
1.0 INTRODUCTION
This technical memorandum outlines the Drainage Narrative for the proposed Timmerman/Wells
pit in Weld County, CO. This narrative is being submitted in place of a drainage report per the
Pre-Application Meeting on February 18, 2015 with Weld County. The proposed mining
operations by Wells Trucking LLC are not an increase in site imperviousness to greater than
10%. No increased downstream impacts resulting additional surface runoff flow are anticipated
as presented in this technical memorandum. Land use will not include the construction of any
paved surfaces. A water quality pond will be excavated at an existing low area near the south
property boundary at the location shown in Figure 1 . This pond will be constructed to slow
potential storm water runoff prior to flowing offsite, as discussed in Section 3 .0.
The mine site is 106.4 acres, of which 37 acres will be used for the quarry operations
(approximately 34% of the land). The 106.4 acre mine site is surrounded by a parcels also
owned by the Timbro Ranch & Cattle Company to the north, east, south and west of the mining
operation.
2.0 INFILTRATION/SITE IMPERVIOUSNESS
The Peetz gravelly sandy loam (Peetz) (NRCS, 2015) will be the targeted mined source, which is
classified as a high infiltration soil with rates of 2.0 to 6.0 in/hr. The majority of the soils
surrounding the mine area are also classified as high infiltration soils. Based on the boring logs
from the northern portion of the site (Kumar & Associates, 2014) and NRCS (2015), the
Bushman fme sandy loam (Bushman) underlies the Peetz soil. The Busman also has a high
infiltration rate of 2.0 to 6.0 in/hr.
May 15, 2015 1 Engineering Analytics, Inc.
Revl. June 30, 2015
Drainage Narrative — Request for John Kolanz
Drainage Report Waiver Otis, Bedingfield & Peters, LLC
Timmerman/Wells Pit
Based on the high infiltration classification of Bushman, the infiltration rate during post-mining
operations is expected be high. Although the native soils exhibit high infiltration rates, due to
the expected volume of traffic within the processing area some compaction of the soils is likely
to occur in this area. The processing area will be quite level so any increase in surface runoff is
expected to be minimal. The processing area is 4.6 acres, which is only 4.3% of the total site
area and is less than the 10% threshold for a drainage report indicated by the county. With the
exception of slightly increased runoff in the processing area, less than a 10% change in site
imperviousness during or after mining operations is anticipated. Thus, a request for a drainage
report waiver is being submitted.
3.0 DRAINAGE/WATER QUALITY
Surface water flow will be in the form of storm water runoff which will originate from the ridges
on the site. The existing slopes in the proposed mine areas range from approximately 20% to
40%. General slopes and flow paths for the pre-mining site conditions are depicted on Figure 1 .
Final slopes across the mined area will generally range from 2% to 5%. The maximum grade of
the mined area will be 3H: 1V and will slope toward an area comprised of 2% to 5% slopes.
Post-mining slopes and flow paths are shown on Figure 2. Based on a comparison of Figures 1
and 2, the post-mining storm water flow path direction and origin are expected to be similar to
pre-mining conditions. Additionally, the decreased slope grade across the mined area will
reduce site runoff. After mining is completed the site will be revegetated to reduce the potential
for sediment runoff during storm events.
No concentrated flows or ephemeral streams have been observed. The depth to groundwater in
the vicinity of the site ranges from 60 to 730 feet below ground surface and is not anticipated to
be encountered during mining. Additionally, no pit lake will form at the end of mining. Silt
fence and other storm water best management practices will be implemented on site as needed to
control surface runoff
Although no increase in surface water runoff is expected due to mining activities, a water quality
pond will be constructed near the south boundary of the impacted area to control flow velocity
off the site. The water quality pond will be used to allow passive removal of potential suspended
sediments during operation. The water quality pond was sized based on the guidance provided in
Section 3.0 of Volume 3 of the Urban Drainage and Flood Control District (UDFCD) Urban
Storm Drainage Criteria Manual.
The Water Quality Capture Volume (WQCV) was calculated using Equation 3-1 :
WQCV = a(0.91I3-1 . 1912+0.781)
Where: a = Coefficient corresponding to WQCV drain time (used 40 hours, a=1 )
I = imperviousness (used 5% as)
May 15, 2015 2 Engineering Analytics, Inc.
Revl. June 30, 2015
Drainage Narrative - Request for John Kolanz
Drainage Report Waiver Otis, Bedingfield & Peters, LLC
Timmerman/Wells Pit
Thus; WQCV = 0.343inches
The required storage volume (V) was determined from Equation 3-3, found in Section 3.0 of
Volume 3 of the UDFCD Urban Storm Drainage Criteria Manual.
V = (WQCV/12)A
Where: A = Tributary catchment area upstream (64. 7 acres)
Thus; V = 0. 1851 ac-ft. or 8,063 ft3
To further mitigate potential downstream impacts the water quality pond will be constructed
larger than required to contain the peak flow from a 25 year, 1 hour storm event. The 25 year
design storm is accordance with Section 5.8 for a minor drainage provided in the Weld County
Engineering and Construction Criteria manual. Runoff from the site was used to design the size
of the water quality pond and calculated using the Rational Method. The Rational Method can
be used to estimate the peak runoff from a proposed development for basins less than 160 acres
in size. In accordance with the Weld County Engineering & Construction Criteria manual, the
Urban Drainage and Flood Control District (UDFCD) Urban Storm Drainage Criteria Manual
was used to obtain the estimation parameters.
The Rational Method uses the following formula to calculate runoff
Q = CIA
Where, Q is the peak runoff in cubic feet per second, C (0. 16) is the runoff coefficient obtained
from the UDFCD Manual, / (1 .80 inches) is the rainfall intensity ( Weld County Engineering and
Construction Criteria manual, Table 5-1 ), and A (64.7 acres) is the drainage area. The peak
runoff for a 25-year storm event was calculated to be 18.6 cfs. This peak flow rate for an hour
storm event will result in a total flow volume of 66,960 ft3. A water quality pond size of 78,500
ft3 will be constructed at the location shown on Figure 1 . The pond will be constructed with
4h: 1 V side slopes with an outlet pipe to release the storm water at a maximum rate of 8,063 ft3
over a period of 40 hours to ensure adequate residence time for a water quality pool for smaller
storm events, as calculated above. Thus, with the addition of the proposed water quality pond
the downstream property owners will experience less site runoff than during pre-mining
activities.
Best management practices (BMP) will be used at the edge of all disturbed areas, in addition to
the water quality pond, to control storm water runoff. These may include silt fencing and straw
waddles.
May 15, 2015 3 Engineering Analytics, Inc.
Revl. June 30, 2015
Drainage Narrative - Request for John Kotanz
Drainage Report Waiver Otis, Bedingfield & Peters, LLC
Timmerman/Welts Pit
4.0 REFERENCES:
Kumar & Associates, (2014). Geotechnical Engineering Study, Proposed Aggregate Borrow
Sites, South of Weld County Road 110 and West of Weld County Road 119, Weld
County, Colorado. January 7.
Natural Resources Conservation Service (NRCS), 2015. Custom Soil Resource Report for Weld
County, Colorado, Northern Part. March 27.
Urban Drainage and Flood Control District, (2008). Urban Storm Drainage Criteria Manual,
Volume 1. Denver Colorado. June.
Urban Drainage and Flood Control District, (2010). Urban Storm Drainage Criteria Manual,
Volume 3, Best Management Practices. Denver Colorado. November.
Weld County, (2015). Pre-Application Meeting prior to submitting USR for Mining Operation
Memorandum. February 19
Weld County, (2012). Weld County Engineering and Construction Criteria. April.
Attachments:
Figure 1 Pre-mining Storm Water Flow Paths
Figure 2 Post-mining Storm Water Flow Paths
May 15, 2015 4 Engineering Analytics, Inc.
Revl. June 30, 2015
Tab 15
Drainage Narrative
Timmerman/Wells Pit USR Application
Wells Trucking LLC
Engineering Analytics, Inc. 1600 Specht Point Rd. Suite 209 Fort Collins, CO 80525 970.488.3111 www.EngAnalytics.com
U
Technical Memorandum
To: John Kolanz From: Rich Tocher, P.E.
Jason Andrews, P.E.
Company: Otis, Bedingfield & Peters, LLC Date: May 14, 2015
•
EA No.: 120513
Re: Drainage Narrative
Cc: Bill Moser — Wells Trucking LLC
1 .0 INTRODUCTION
This technical memorandum outlines the Drainage Narrative for the proposed Timmerman/Wells
pit in Weld County, CO. This narrative is being submitted in place of a drainage report per the
Pre-Application Meeting on February 18, 2015 with Weld County. The mining operations
proposed by Wells Trucking LLC should not cause an increase in site imperviousness to greater
than 10% of the land surface area. No increased downstream impacts to surface runoff flow are
anticipated. Land use will not include the construction of any paved surfaces. A detention basin
will be excavated at an existing low area near the south property boundary to capture stormwater
runoff prior to flowing offsite. Best management practices to control stormwater runoff will be
implemented as necessary.
The mine site is 106.4 acres, of which 36.9 will be used for the quarry operations (approximately
34% of the land). The 106.4 acre mine site is surrounded by a parcels also owned by the Timbro
Ranch & Cattle Company to the north, east, south and west of the mining operation.
2.0 DRAINAGE
Surface water flow will be in the form of stormwater runoff which will originate from the ridges
on the site. The existing slopes in the proposed mine areas range from approximately 20% to 40%.
General slopes and flow paths for the pre-mining site conditions are depicted on Figure 1 .
Final slopes across the mined area will generally range from 2% to 5%. The maximum grade of
the mined area will be 3H: 1 V and will slope toward an area comprised of 2% to 5% slopes. Post-
mining slopes and flow paths are shown on Figure 2. Based on a comparison of Figures 1 and 2,
May 14, 2015 1 Engineering Analytics, Inc.
Drainage Narrative John Kolanz
Timmerman/Wells Pit Otis, Bedingfield & Peters, LLC
the post-mining stormwater flow path direction and origin are expected to be similar to pre-mining
conditions. Additionally, the decreased slope grade across the mined area will reduce site runoff
No concentrated flows or ephemeral streams have been observed. The depth to groundwater in
the vicinity of the site ranges from 60 to 730 feet below ground surface and is not anticipated to
be encountered during mining. Additionally, no pit lake will be formed at the end of mining. Silt
fence and other stormwater best management practices will be implemented on site as needed to
control surface runoff.
3.0 INFILTRATION
The Peetz gravelly sandy loam (Peetz) (NRCS, 2015) will be the targeted mined source, which is
classified as a high infiltration soil with rates of 2.0 to 6.0 in/hr. The majority of the soils
surrounding the mine area are also classified as high infiltration soils. Based on the boring logs
from the northern portion of the site (Kumar & Associates, 2014) and NRCS (2015), the Bushman
fine sandy loam (Bushman) underlies the Peetz soil. The Busman also has a high infiltration rate
of 2.0 to 6.0 in/hr.
Based on the high infiltration classification of Bushman, the infiltration rate during post-mining
operations is expected be high. Although the native soils exhibit high infiltration rates, due to the
expected volume of traffic within the processing area some compaction of the soils is likely to
occur in this area. The processing area will be quite level so any increase in surface runoff is
expected to be minimal. With the exception of slightly increased runoff in the processing area, no
change in site imperviousness during or after mining operations is anticipated.
4.0 REFERENCES:
Kumar & Associates, (2014). Geotechnical Engineering Study, Proposed Aggregate Borrow Sites,
South of Weld County Road 110 and West of Weld County Road 119, Weld County,
Colorado. January 7.
Natural Resources Conservation Service (NRCS), 2015. Custom Soil Resource Report for Weld
County, Colorado, Northern Part. March 27.
Weld County, (2015). Pre-Application Meeting prior to submitting USR for Mining Operation
Memorandum. February 19
Attachments:
Figure 1 Pre-mining Storm Water Flow Paths
Figure 2 Post-mining Storm Water Flow Paths
May 14, 2015 2 Engineering Analytics, Inc.
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LEGEND:
EXISTING GROUND SURFACE GENERAL SURFACE WATER
CONTOUR (5'/ 10'INTERVAL) FLOW PATHS
- - - - AFFECTED LAND BOUNDARY
ACCESS ROAD
(EXISTING RANCH ROAD)
NORTH
SCALE IN FEET
0 300'
•
Project No. 120513 DATE PREPARED: May 2015
APPLICANT: WELLS TRUCKING LLC
Engineering AnalyUcs, Inc. FIGURE 1
SURFACE WATER RUNOFF FOR EXISTING CONDITIONS
TIMMERMAN/ WELLS PIT
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LEGEND:
EXISTING GROUND SURFACE - - - EDGE OF MINING
CONTOUR (5'/10' INTERVAL)
-IMP- GENERAL SURFACE WATER
PROPOSED GROUND SURFACE FLOW PATHS
CONTOUR(1'/5' INTERVAL)
- - - - AFFECTED LAND BOUNDARY /
- - = ACCESS ROAD NORTH
(EXISTING RANCH ROAD)
SCALE IN FEET
0 300'
Project No. 120513 DATE PREPARED: May 2015
APPLICANT: WELLS TRUCKING LLC
Engineering Analytics, Inc. FIGURE 2
POST-MINING SURFACE WATER RUNOFF
TIMMERMAN/ WELLS PIT
SCC50;f,eN Weld County Public Works Dept.
S� -4 , 1111 H Street ACCESS PERMIT
KPhon-- -,so , P.O. Box 758
i ' i Greeley, co 80632 APPLICATION FORM
/+C \1J O�
e: (970)304-6496
Fax: (970)304-6497
Applicant Property Owner (If different than Applicant)
Name John A. Kolanz on behalf of Timbro Ranch and Cattle Co. LLC
Name
Company Wells Trucking LLC P.O. Box 367
Address
Address 32010 Weld County Road 63 City Springfield State NE Zip 68059
City Gill State CO Zip 80624 Phone 402-253-2519
Business Phone 970-663-7300 Fax
Fax 970-797-1399 E-mail
E-mail jkolanz@nocoattorneys.com
♦ = Existing Access A= Proposed Access
Parcel Location & Sketch - x+ 5tiv1,
119 �`�.ti ttotsck
CJ
The access is on WCR A° �1 ' tZOACa
L
Nearest Intersection: WCR 119 & WCR 104 WCR
Distance from Intersection Approximately one mile
To
Parcel Number 046910000004 ,�
tf'
Section/Township/Range 10 /9/59 /vo re � 1041 .5
t cc
Is there an existing access to the property?IYES NO ® N
Number of Existing Accesses One
Road Surface Type & Construction Information
Asphalt .] Gravel II Treated I Other _ WCR l 0
Culvert Size & Type
Materials used to construct Access Gravel
Construction Start Date Existing Finish Date Existing
Proposed Use
OTemporary (Tracking Pad Required)/ $75 () Single Residential/$75 O Industrial/$150
® Small Commercial or Oil & Gas/$75 () Large Commercial/$150 ° Subdivision/$ 150
° Field (Agriculture Only)/Exempt
Is this access associated with a Planning Process? ° No USR O R OPUD ° Other
Required Attached Documents
- Traffic Control Plan -Certificate of Insurance - Access Pictures (From the Left, Right, & into the access)
By accepting this permit, the undersigned Applicant, under penalty of perjury, verifies that they have received all pages of the permit
application; they have read and understand all of the permit requirements and provisions set forth on all pages; that they have the
authority to sign for and bind the Applicant, if the Applicant is a corporation or other entity; and that by virtue of their signature the
Applicant is bound by and agrees to comply with all said permit requirements and provisions, all Weld County ordinances, and state laws
regarding facilities construction.
Signature ' 6 Printed Name ._�.-� U ((
. oSN�cAa �
Date .��jq //3—
Approval 'r Denial will be issued in minimum of 5 days. Approved by
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Tab 16
Traffic Narrative
Timmerman/Wells Pit USR Application
Wells Trucking LLC
Engineering Analytics, Inc. 1600 Specht Point Rd. Suite 209 Fort Collins, CO 80525 970.488.3111 www.EngAnalytics.com
U
Technical Memorandum
To: John Kolanz From: Rich Tocher, P.E.
Jason Andrews, P.E.
Company: Otis, Bedingfield & Peters, LLC Date: May 14, 2015
EA No.: 120513
Re: Traffic Narrative
Cc: Bill Moser — Wells Trucking LLC
This technical memorandum outlines the Traffic Narrative for the proposed Timmerman/Wells Pit
in Weld County, CO. Wells Trucking LLC expects the following daily round trip traffic load of
160 vehicles for the site:
• 5-10 passenger cars/pickups
• 75 tandem trucks
• 75 semi-truck/trailers
The vehicles will access the site from Weld County Road 119 using the existing ranch access road.
Truck routes will vary with product demand, but it is expected that most of the vehicles will access
the site from the north via Weld County Road 110 and the south via Weld County Road 104. Trip
distribution is expected to be 50% from the north and 50% from the south. The pit will operate
from 7am to 5pm, Monday through Saturday, with the highest traffic volumes expected to be
during weekday mornings. If the traffic count exceeds the number of vehicles per day in the
following list, the specified improvements will be implemented. The traffic count numbers and
associated improvements were proposed by Weld County during the pre-application meeting on
February 19, 2015:
• A Mag-Chloride dust abatement plan will be implemented if over 200 vehicles per day
traverse the access road or significant dust is created on the access road.
• An alternative pavement will be installed if over 300 vehicles per day traverse the access
road.
• An asphalt pavement section will be installed if over 400 vehicles per day traverse the
access road.
• A left deceleration lane will be provided if over 10 vehicles per hour visit the site and turn
left into the facility during the peak hour of vehicle traffic.
May 14, 2015 1 Engineering Analytics, Inc.
Traffic Narrative John Kolanz
Timmerman/Well Pit Otis,Bedingfield & Peters, LLC
• A right deceleration lane will be provided if over 25 vehicles per hour visit the site and turn
right into the facility during the peak hour of vehicle traffic.
• A right acceleration lane will be provided if over 50 vehicles per hour leave the site and
turn right out of the facility during the peak hour of vehicle traffic.
May 14, 2015 2 Engineering Analytics, Inc.
4 DNR COLORADO
iiir
CO Division of Reclamation,
..� Mining and Safety
Department of Natural Resources
1313 Sherman Street, Room 215
Denver, CO 80203
June 2, 2015
Mr. Bill Moser
Wells Trucking LLC
32010 WCR 63
Gill, CO 80624
Re: Wells Trucking LLC, Timmerman/Wells Pit, File No. M-2015-005, 112c Permit Application
Decision Letter
Mr. Moser:
On June 2, 2015, the Division of Reclamation, Mining and Safety (Division/DRMS) approved your
Construction Materials Regular 112 Operation Reclamation Permit application.
The amount of financial warranty set by the Division for this operation is $ 167,800.00. You must
submit a financial warranty in this amount and a performance warranty in order for us to issue a
permit.
PLEASE NOTE THAT MINING OPERATIONS MAY NOT COMMENCE UNTIL A PERMIT HAS BEEN
ISSUED BY THE DIVISION AFTER RECEIPT OF YOUR FINANCIAL WARRANTY AND PERFORMANCE
WARRANTY. A PERMIT WILL NOT BE ISSUED UNTIL WE VERIFY THE ADEQUACY OF BOTH YOUR
FINANCIAL WARRANTY AND PERFORMANCE WARRANTY.
If you have any questions, please contact me at (303) 866-3567 Ext. 8124.
Sincerely zee_
Peter S. Hays
Environmental Protection Specialist
Cc: Wally Erickson, DRMS
Barbara Coria, DRMS
John Kolanz, Otis, Bedingfield & Peters, LLC
`4• eo<a .
5.- -;ova_4).
p
si o
1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http: / /mining.state.co.us * ..;1 * ,
John W. Hickentooper, Governor Mike King, Executive Director I Virginia Brannon, Director *
g _ 1876 _ •
4, STATE OF COLORADO
DIVISION OF RECLAMATION, firlfttAlilank of Colorado
Department of Natural Resources \ „r"
1313 Sherman St., Room 215
Denver, Colorado 80203 D ® L ® o N] DO
Phone: (303) 866-3567 RECLAMATION
FAX: (303) 832-8106 MINING
6t—
SAF ETY
IRREVOCABLE LETTER OF CREDIT
The Bank of Colorado
Street: 55 S. Elm Avenue
City: EAton
State: Colorado Zip Code: 80615 •
Area Code: 970 Telephone: 454-1800
Beneficiary: LETTER OF CREDIT NUMBER: 291O0O593O
STATE OF COLORADO Amount U.S. $ $168,300.00
MINED LAND RECLAMATION BOARD Date of Issuance: June 9 , 2015
215 CENTENNIAL BUILDING Initial Expiration Date: June 9 ,2016
1313 SHERMAN STREET
DENVER, COLORADO 80203
Applicant: Wells Trucking LLC
Street: 32010 CR 63
City: Gill
State: Colorado Zip Code: 80624
Area Code: 970 Telephone: 356-4761
Gentlemen:
We hereby issue and establish our irrevocable letter of credit, the amount of which is available by beneficiary's draft or
drafts drawn upon us, which shall be paid at sight, when accompanied by the following document:
A written statement of the Director ("the Director") of the Division of Reclamation, Mining and Safety of the
State of Colorado ("the Division") certifying that he is a duly authorized official acting on behalf of the State of
Colorado and that the amount of the accompanying sight draft is due and payable to the State of Colorado
pursuant to applicable provisions of Colorado statutes governing mined land reclamation and that
Wells Trucking LLC or its successor has neglected, failed, or refused to pay such
EWA. amount although requested to do so by the Director.
"I la MEMBER FDIC www.bankotcolorado.com
Office of 5 S. gg Avenue -Office of
Mined Land Reclamation Denver ■5 ondu�i15Durango Active and Inactive Mines
Phone: (970) 454-1800
Fax: (970) 454-1802
/4
Bank of Colorado
,f - 2 -
Each sight draft so drawn and presented shall be honored by us if presented prior to the close of business on the expiration
date of this letter of credit. The Bank shall make a payment by wire transfer to the Beneficiary. This credit refers to
Wells Trucking PLC 's application for a permit to engage in mining
and reclamation activities within the State of Colorado.
It is an express condition of this letter of credit that it shall be automatically extended for successive additional periods of
one year each, from the initial and each future expiration date unless the
Bank of Bank of Colorado ("the Bank") shall notify the Director at least 90 days prior to an
expiration date in writing by certified mail, at the above address, that the Bank elects not to extend the credit for such
additional period. In such event, in addition to his power to draw hereon under the preceding paragraphs, the Director
may draw the full or any lesser amount hereof at any time prior to such expiration date by sight draft, or drafts,
accompanied by the written statement of the Director certifying that the amount drawn will be held as a cash deposit in
lieu of financial warranty, as provided in applicable Colorado statutes governing mined land and reclamation.
The original signed letter of credit and any amendments will be presented to the Bank by the beneficiary along with any
draft presented pursuant to this letter of credit, and will be surrendered to the Bank with any draft which draws the full
amount, or the balance remaining available, under this letter of credit. Delivery of the original letter of credit, sight
draft(s) and all other documents required as a condition precedent for payment, may be made by overnight courier to the
Bank. Each payment on a draft shall reduce the aggregate above written amount by the amount drawn.
This Letter of Credit is subject to Uniform Customs and Practice for Documentary Credits (2007 Revision), International
Chamber of Commerce — Publication No. 600 (the "UCP600") and shall be governed by the laws of the State of Colorado
with respect to subject matters not addressed by the UCP600. In the event of an action between the beneficiary and the
Bank regarding this letter of credit, the bank submits to the jurisdiction and venue of the Denver District Court, State of
Colorado. The Bank agrees to accept service of process in any such action, if service is made by registered or certified
mail (return receipt requested) or courier service, postage or delivery fee prepaid, to the address of the Bank set forth
above.
If any expiration date specified herein shall fall upon a day other than a regular business day of the Bank, the expiration
date shall ipso facto be extended to the close of business on the next successive business day of the Bank.
The Bank of Bank of Colorado
By
Date ‘ir &6 ;06
Authori Signature
NOTES: 1 . The Letter of Credit shall not be in excess of 10 percent of the bank's capital surplus account or in excess
of 30 percent if the applicant has more than one Letter of Credit for different permits. To demonstrate this
requirement, the issuing bank shall provide a balance sheet certified by a Certified Public Accountant.
Generally, this is available in the Bank's most recent Annual Report or Call Report.
2. The Letter of Credit shall be submitted on the Bank's letterhead.
3. The Mined Land Reclamation Board or the Office of Mined Land Reclamation may recover the'necessary
costs, including attorney's fees or fees incurred in foreclosing on or realizing the collateral used in the
Cr event this Letter of Credit is forfeited. The face amount of this Letter of Credit shall be increased by five
EQUAL
LENSSi" MEMBER FDIC hundred dollars ($500.00) to cover these costs. www.bankofcolorado.com
M:1minlsharelbondforms\ILOC bnd final with UCP600 language (3/12/08P5 S. Eh" Avenue
Eaton, CO 80615
Phone: (970) 454-1800
Fax: (970) 454-1802
STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215 COL RA DO
O
D I V I COLS ION o f
Denver, Colorado 80203 S
RECLAMATION
Phone: (303) 866-3567 MINING
FAX: (303) 832-8106 - &-
SAF ETY
PERFORMANCE WARRANTY
Operator: Wells Trucking LLC
Operation: Timmerman/Wells Pit
Permit Number:
This form has been approved by the Mined Land Reclamation Board ("Board") pursuant to
the Mined Land Reclamation Act (CR.S. § 34-32-101 et. seq.) ("Hard Rock Act") and
associated Rules (2 C.C.R. 407-1) ("Hard Rock Rules') and the Land Reclamation Act for the
Extraction of Construction Materials (CRS. § 34-32.5-101 et. seq.) ("Construction Materials
Act') and associated Rules (2 C.C.R. 407-4) ("Construction Materials Rules"). Any alteration
or modification of this form, without approval by the Board shall result in the performance
warranty being invalid and result in the voiding of any permit issued in conjunction with such
invalid performance warranty and subject the operator to cease and desist orders and civil
penalties for operating without a permit pursuant to sections 34-32-123, C.R.S. of the Hard
Rock Act and 34-32.5-123, C.R.S. of Construction Materials Act.
KNOW ALL MEN BY THESE PRESENTS, THAT:
WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. § 34-32-101 et seq. (the
"Hardrock Act"), as amended, and the Colorado Land Reclamation Act for the Extraction of
Construction Materials, C.R.S. § 34-32.5- 101 et seq. (the "Construction Materials Act"), as
amended (collectively the "Acts"), provide that no permit may be issued until the Mined Land
Reclamation Board (the "Board") receives a performance warranty consisting of the Operator's
written promise to comply with the requirements of the Hardrock or Construction Materials Act,
whichever is applicable.
WHEREAS, Wells Trucking LLC (the "Operator"), has applied for a
permit to conduct a mining operation known as Timmerman/Wells Pit
(the "Operation") on certain lands in Weld County, Colorado. These
lands are described in the permit application, as amended and supplemented, and are referred to
herein as the "Affected Lands."
WHEREAS, in its application for the permit, the Operator has agreed to be bound by all
requirements of the Hardrock or Construction Materials Act and all applicable rules and
regulations of the Board, as amended from time to time.
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and
Inactive Mines
WHEREAS, the Operator hereby gives the Board this performance warranty pursuant to
C.R.S. §§ 34-32- 117(2) or 34-32.5- 117(2), and herein promises the Board that it will comply
with all applicable requirements of the Hardrock or Construction Materials Act.
NOW, THEREFORE, The Operator hereby promises the Board that it will comply with
all applicable requirements of the Hard Rock or Construction Materials Act and applicable rules
and regulations of the Board.
The Operator hereby promises the Board that it will comply with all of the terms of the
application for a permit, as amended and supplemented, as well as any conditions attached to the
permit by the Board.
The Operator promises the Board, pursuant to C.R.S. §§ 34-32- 112(1 )(d) or
34-32.5- 112( 1 )(b)(IV), that it has the lawful authority to enter upon the Affected Lands to
conduct mining operations, including, but not limited to, reclamation. The Operator further
recognizes the right of the Board to enter to reclaim lands affected by the Operation.
The description of lands herein is for convenience of reference only, and no error in such
description, revision of the permitted mining area, or disturbance by the Operator of lands
outside of the permitted mining area shall alter or diminish the Operator's obligation hereunder,
which shall extend to the reclamation of all such lands disturbed.
The obligation of the Operator hereunder is such that, if the Operator shall successfully
comply with the requirements of the Hardrock or Construction Materials Act, applicable rules
and regulations, and the permit, then the Board, upon a finding that the Operator has so
complied, shall release this performance warranty, and the Operator from its obligation
hereunder. The obligation of the Operator hereunder shall continue until released by the Board
in accordance with applicable law.
The Operator promises to be responsible for the cost of reclamation up to the amount
established by the Board and has attached hereto its financial warranty, in accordance with
C.R.S. §§ 34-32- 117(3) or 34-32.5-117(3). The Operator agrees that it will maintain a financial
warranty (or warranties) covering the Board's estimated costs of reclamation in good standing
for the entire life of the permit. If the Operator is a unit of County or Municipal government, or
is a department or division of State government, the Operator is not required to submit or post
any other instrument of financial responsibility but hereby promises to be responsible for the cost
of reclamation up to the amount specified by the Board.
If the Board determines that the Operator is in default under this performance warranty
and has failed to cure such default, although written notice of such default and ample time to
cure such default have been given, the Operator's financial warranty shall be subject to forfeiture.
This performance warranty may be executed in multiple copies, each of which shall be
treated as an original, but together they constitute only one agreement, the validity and
interpretation of which shall be governed by the laws of the State of Colorado. The provisions
hereof shall bind and inure to the benefit of the parties hereto and their successors and assigns.
- 2 -
SIGNED, SEALED AND DATED this I day of , 2ol .
\ti k Tc- cA ino, LLG
Operator (SEAL)
By: reens
Title: �W� ��--
NOTARIZATION OF OPERATOR'S ACKNOWLEDGEMENT
STATE OF Co to ra.do )
) ss.:
COUNTY OF L c i t )
The foregoing instrument was acknowledged before me this \2-4/-1—‘ day of T3 ,unre. , 2015 ,
by tVo5h.0 &. $. Wafts as Ov cr er f Kartaler of ck ELS LAcktii LC
KAREN C. TRIPPET Publ
ic
t Noary 0\
NOTARY PUBLICttyrek-
STATE OF COLORADO My Commission Expires May 28 ill
NOTARY 1019934007770
My Commission Expires May 28, 2017
STATE OF COLORADO
DEPARTMENT OF NATURAL RESOURCES
MINED LAND RECLAMATION BOARD
DIVISION OF RECLAMATION, MINING AND SAFETY
By: Date Executed:
Division Director
Rev. 05/12
- 3 -
Tab 1 1
Division of Reclamation, Mining and
Safety Section 112 Permit Application
Timmerman/Wells Pit USR Application
Wells Trucking LLC
Section 112 Permit Application
Wells Trucking LLC submitted its Section 112 Construction Material Reclamation Permit
Application to the Colorado Division of Reclamation, Mining and Safety on February 2, 2015.
The Company included a copy of that submittal with the Use By Special Review Pre-Application
Review Request that it submitted to the County on February 10, 2015. It is our understanding that
the County does not need an additional hard copy of the Section 112 application, and one is not
included with this submittal. (If our understanding is incorrect, we will provide additional copies
as necessary.) However, Wells Trucking LLC is submitting at this time copies of two supplements
to the original Section 112 application that are dated February 20 and 24, 2015 .
OTIS , BEDINGFIELD & PETERS , LLC
ATTORNEYS AT LAW
John A. Kolanz
2725 Rocky Mountain Ave., Suite 320
Loveland, CO 80538
970-663-7300
jkolanz@nocoattorneys.com
February 20, 2015
Division of Reclamation, Mining and Safety
Attention: Peter S. Hayes
1313 Sherman Street, Room 215
Denver, Colorado 80203
Re: Timmerman/Wells Pit, File No. M-2015-005
Response to Deficiency Notice for Section 112 Construction Material
Reclamation Permit Application
Dear Mr. Hays:
This responds to your letter dated February 11 , 2015 requesting additional information
for the above-reference permit application. For ease of reference, this letter repeats each of your
requests below verbatim, followed by our response:
1 . The Division requires the application list the exact company name registered with the
Colorado Secretary of State office, " Wells Trucking LLC ". Please revise the company
name throughout the application form including in the Applicant/Operator and notary
sections of the certification page, Page 8 of the application form, to indicate " Wells
Trucking LLC".
Response: Attachment A contains a revised application form that changes the name of the
applicant from "Wells Trucking, LLC" to "Wells Trucking LLC." Item 1 . 1 of the application
was also revised to reflect the type of organization of the applicant as "Limited Liability
Company."
2. Please complete Item 3 on Page 1 of the application form to indicate the permitted
acreage.
Response: Attachment A contains a revised application form that shows the permitted acreage of
106.4 acres in Item 3 on Page 1 .
r / . i ,t t , .
EDIl C February 20, 2015
7; a o r l� 2 f r , Page 2 of 3
3 . The Division requires the Applicant to provide documentation giving the signer, Joshua
Wells, the authority to sign on behalf of the company. The authorization document may
be in the form of by-laws, resolution, affidavit signed by corporate secretary, certified
secretary statement or a notarized statement on company letterhead
Response: Attachment B contains a Statement of Authority authorizing Joshua B. Wells to sign
on behalf of the company.
4. Please provide documentation authorizing John Kolanz, Attorney to act on behalf of
Wells Trucking LLC. A signed and notarized letter on company letterhead is adequate
documentation.
Response: Attachment C contains a signed and notarized letter providing such documentation.
5 . As required by Rule 1. 1 (3), affected lands include but shall not be limited to private ways,
roads, except those roads which existed prior to the date on which notice was given or
the permit application was made to the office and which were constructed for purposes
unrelated to the proposed mining operation and which will not be substantially upgraded
to support the mining operation. Please clarify if the access road is included in the
proposed 106. 4 permitted acreage and if improvements are necessary on the existing
road to support the proposed mining activity. New and improved roads must be included
as part of the permitted acreage. Please update the permit application in exhibit acreage
amounts as needed.
Response: The access road is not included in the 106.4 permitted acreage calculation. It is an
existing ranch road that will require no substantial upgrade to support the mining operation. It
will remain after mining and is not included in the Reclamation Plan.
6. The Applicant states the total acreage in the permit area is 106. 4 on the application form.
The Applicant states approximately 37 acres will be affected by the mining activity in the
Mining Plan and states the site limits are 120. 4 acres including the access road on the
Mining Plan Map - Exhibit D-1. Please update the application form, Mining Plan
narrative and Exhibit D-1 based on the response to Item #5 above.
Response: The Mining Plan has been updated to indicate that the existing access road will not
be improved as part of the mining process and thus is not included in the permit area. A
discussion regarding the 37 acres has also been included in the revised Mining Plan. The
-a"Call‘a
os,, IDc February 20, 2015
Page 3 of 3
revised Mining Plan is provided as Attachment D. Exhibit D- 1 has been updated to reflect the
permit area of 106.4 acres and is also included in Attachment D.
7. Please provide an affidavit or receipt indicating the date on which the revised
application documents were placed with the Weld County Clerk and Recorder in
response to this letter.
Response: Attachment E contains copies of this letter (without attachments) and a transmittal
letter acknowledging receipt, and a signed affidavit, indicating the date the revised application
documents were provided to the Weld County Clerk and Recorder.
This should fully address the issues raised in your February 11 , 2015 letter. Please
contact me immediately if you have any questions regarding this matter.
Sin erely,
ceL . Wo4Aor
J hn A. Kolanz
(encl.)
ATTACHMENT A
STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203 COLORADO
DIVISION OF
Phone: (303) 866-3567
RECLAMATION
FAX: (303) 832-8106
MINING
SAFETY
CONSTRUCTION MATERIALS
REGULAR (112) OPERATION
RECLAMATION PERMIT APPLICATION FORM
CHECK ONE: There is a File Number Already Assigned to this Operation
Permit # M - - - (Please reference the file number currently assigned to this operation)
New Application (Rule 1 .4.5) n Amendment Application (Rule 1 . 10)
1 1�
h- Conversion Application (Rule 1 . 11)
Permit # M - - - (provide for Amendments and Conversions of existing permits)
The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (1) the application
form; (2) Exhibits A-S, Addendum 1, any sections of Exhibit 6.5 (Geotechnical Stability Exhibit; and (3) the application fee. When you
submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (1 ) copy of the completed
application form, two (2) copies of Exhibits A-S, Addendum I , 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),: Wells Trucking LLC
1 . 1 Type of organization (corporation, partnership, etc.): Limited Liability Company
2. Operation name (pit, mine or site name): Timmerman/Wells Pit
3. Permitted acreage (new or existing site): 106.4 permitted acres
3. 1 Change in acreage (+) acres
3.2 Total acreage in Permit area 106.4 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
5. Primary commoditie(s) to be mined: Grave!
5. 1 Incidental commoditie(s) to be mined: 1 . None lbs/Tons/yr 2. / lbs/Tons/yr
3. / lbs/Tons/yr 4. / lbs/Tons/yr 5. / lbs/Tons/yr
5.2 Anticipated end use of primary commoditie(s) to be mined: Road Base
5.3 Anticipated end use of incidental commoditie(s) to be mined: N/A
- 2 -
6. Name of owner of subsurface rights of affected land: Timbro Ranch & Cattle Co. LLC
If 2 or more owners, "refer to Exhibit O".
7. Name of owner of surface of affected land: Timbro Ranch & Cattle CO. LLC
8. Type of mining operation: 1 Surface I Underground
9. Location Information: The center of the area where the majority of mining will occur:
COUNTY: Weld
PRINCIPAL MERIDIAN (check one): 15I 6th (Colorado) El 10th (New Mexico) E. Ute
SECTION (write number): S Ten
TOWNSHIP (write number and check direction): T Nines North In South
RANGE (write number and check direction): R Fifty-nine East S West
QUARTER SECTION (check one): ►.! _ E + SW
QUARTER/QUARTER SECTION (check one): El NE 12 NW SE W-,- SW
GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation):
About 6.8 miles northeast of Keota and 12.3 miles northwest of New Raymer and ranging from 5070-5155 feet in elevation.
10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM):
Latitude/Longitude:
Example: (N) 39° 44' 12.98"
(W) 104° 59' 3.87"
Latitude (N): deg 40 m 45 sec 30 . 08 (2 decimal places)
Longitude (W): deg 103 min 56 sec 9 . 40 (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 -
11. Correspondence Information:
APPLICANT/OPERATOR (name, address, and phone of name to be used on permit)
Contact's Name: BE Moser Title: Manager
Company Name: Wells Trucking LLC
Street/P.O. Box: 32010 WCR 63 P.O. Box:
City: Gill
State: Colorado Zip Code: 80624
Telephone Number: ( 970 ) _ 3564671
Fax Number: ( ) -
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name: John Kolanz Title: Attorney
Company Name: Otis, Bedingfield & Peters, LLC
Street/P.O. Box: 2725 Rocky Mountain Avenue, Suite 320 P.O. Box:
City: Loveland
State: Colorado Zip Code: 80538
Telephone Number: c 970 ) _ 663-7300
Fax Number: ( 970 _ 797-1399
INSPECTION CONTACT
Contact's Name: Bill Moser Title: Manager
Company Name: Wells Trucking LLC
Street/P.O. Box: 32010 WCR 63 P.O. Box:
City: Gill
State: Colorado Zip Code:
Telephone Number: ( 970 ) _ 3564671
Fax Number: ( ) -
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( ) -
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( ) -
- 4 _
12. Prima future (Post-mining) land use (check one):
Cropland(CR) 1:1 Pastureland(PL) General Agriculture(GA)
S Rangeland(RL) El Forestry(FR) Wildlife Habitat(WL)
_O Residential(RS) _ID Recreation(RC) Industrial/Commercial(IC)
_l Developed Water Resources(WR) n Solid Waste Disposal(WD)
13. Primary present land use (check one :
Ei Cropland(CR) Pastureland(PL) General Agriculture(GA)
IMBRangeland(RL) Forestry(FR) Wildlife Habitat(WL)
Residential(RS) I:I Recreation(RC) -O Industrial/Commercial(IC)
Developed Water Resources(WR)
14. Method of Mining: Briefly explain mining method (e.g. truck/shovel):
Material will be dry mined using excavators and haul trucks
15. On Site Processing: j ✓ 1 Crushing/Screening
13. 1 Briefly explain mining method (e.g. truck/shovel):
Material will be dry mined using excavators and haul trucks
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).
N/A
- 5 -
Maps and Exhibits:
Two (2) complete, unbound application packages must be submitted. One complete application package consists of a signed application
form and the set of maps and exhibits referenced below as Exhibits 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 J1 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 1 - 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 peiiuit issuance, this application becomes a legally binding document. Therefore, there are a
number of important requirements which you, as a permittee, should fully understand. These requirements are listed below.
Please read and initial each requirement, in the space provided, to acknowledge that you understand your obligations. If you
do not understand these obligations then please contact this Office for a full explanation.
1 . Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal
liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands
associated with your mining operation in the event your permit is revoked and financial warranty is forfeited;
- 6 -
D-W 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;
..t° 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;
3.-t'J 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;
en- Li 5. It is your responsibility to notify the Office of any changes in your address or phone number;
--7tY 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.
c3"(4) 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.
a 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.
(n) 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 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.
w 10. For joint venture/partnership operators: the signing representative is authorized to sign this document and a
power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this
application.
- 7 -
NOTE TO COMMENTORS/OBJECTORS:
It is likely there will be additions, changes, and deletions to this document prior to fmal 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 fmal 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(4Xfj, 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,GRS., of the Colorado Land
Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any
permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating
without a permit pursuant to section 34-32.5-123, C.R.S.
Signed and dated this 0 day of FG bv`vary , 020 /3
L
iVbCç. 4h, LC If Corporation Attest (Seal)
Applicant/Operator or Comn.y Name
Signed: Signed:
Corporate Secretary or Equivalent
/�,,
T
Title: e/Aen'`l z- ST2 c -c3a•t-i- Town/City/County Clerk
State of l pta.ci o )
) ss.
County of We-C )
The foregoing instrument was acknowledged before me this 2—° day of FcLrry
by Pti, sk t PeAers as &,t r trcr ?efren4k le of llic l l s Tru...a. 1
mit ,�: PETERS
PEn. Notary Public
Ts
919 9 ,.n�;yy.H.•
l�T,���wclit r 111333=
• � ` "' AA My Commission expires:�• M a I'.. , +, Y
t�l.,. ,' �s+�C-.<. •:._.i,3irs-r•.- eiRxELG. .. !
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) Wells Trucking LLC
whose address and phone number is (Address and Phone Number of the Applicant/Operator) 32010 WCR 63, GUI, CO 80624
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. 17th 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:
L Bill Moser , hereby certify that I posted a sign containing the above notice for the proposed
permit area known as the (Name of Operation) TimmermanNVells Pit , on (Date Posted) / 27 - 001 ,5 ,
2 - f - 2o 25
SIGNATURE DATE
ATTACHMENT B
, WELLS
+" TRUCKING
Barnesville, CO
32010 Weld County Road 63
Gill, CO 80624
970-352-1790 (Office), 970-352-2952 (Fax)
STATEMENT OF AUTHORITY
1 . This Statement of Authority relates to an entity named Wells Trucking LLC.
2. The type of entity is a limited liability company.
3 . The entity is formed under the laws of the State of Colorado.
4. The mailing address for the entity is 32010 County Road 63, Gill, CO 80624.
5. Joshua B. Wells is authorized to execute any documents relating to the
Timmerman/Wells Pit, File No. M-2015-005 Section 112 Construction Material
Reclamation Permit Application on behalf of the entity.
6. The authority of the foregoing person to bind the entity is not limited.
Executed this 2 0 day of February, 2015 .
Steven T. ells, General Manager
STATE OF COLORADO )
pp )ss.
COUNTY OF idele)` )
The foregoing instrument was acknowledged before me this 20 day of February, 2015, by
Steven T. Wells, as General Manager of Wells Trucking LLC.
Witness my hand and official seal.
1%Aa,
PAICHAEL DOSIC PETERS Notary Public
NOTARY PUBLIC My Commission Expires: L { i ✓
STATE OF COLORADO
NOTARY iD��. 14, 2018
MY COMMISSION EXPIRES
ATTACHMENT C
WELLS
TRUCKING
Samna , C
32010 Weld County Road 63
Gill, CO 80624
970-352-1790 (Office), 970-352-2952 (Fax)
February 20, 2015
Division of Reclamation, Mining and Safety
1313 Sherman Street, Room 215
Denver, Colorado 80203
Re: Timmerman/Wells Pit, File No. M-2015-005 Section 112 Construction Material
Reclamation Permit Application
Confirmation of Authorized Representative
To Whom It May Concern:
This is to confirm that John A. Kolanz, attorney with Otis, Bedingfield & Peters, LLC, is
authorized to act on behalf of Wells Trucking LLC for all work relating to the above-referenced
Section 112 Construction Material Reclamation Permit Application. We respectfully request that
you include John on all correspondence related to this permit application_
Sincerely,
et1/40/..*V/5--
oshua B. Wells ate
Wells Trucking LLC
STATE OF COLORADO )
)ss.
County of (ue
The foregoing was acknowledged before me this 20 day of February 2015 by Joshua
B. Wells. Witness my hand and official seal.
greled
p , 't Notary Public
p , My Commission Expires: Li M l [
� � � o m � : , 3e . ., p
STATE
NOTARY ID 20144043751
MY
Expos NOV. 14, 2At8. ,::.
ATTACHMENT D
Engineering Analytic, Inc. 1600 Specht Point Rd. Suite 209 Fort Collins, CO 80525 970.488.3111 www.EngAnalytics.com
Technical Memorandum
To: John Kolanz From: Rich Tocher, P.E.
Jason Andrews, P.E.
Company: Otis, Bedingfield & Peters, LLC Date: January 29, 2015
Rev: February 19, 2015
EA No.: 120513
Re: Exhibit D - Mining Plan
Applicant: Wells Trucking, LLC
Cc: Bill Moser — Wells Trucking, LLC
D-1 INTRODUCTION
This Mining Plan is submitted for the proposed Timmerman/Wells Pit to be operated by Wells
Trucking, LLC. The Timmerman/Wells Pit will be located north of Weld County Road 104 and
west of Weld County Road 119 at the location shown on Exhibit B- 1 . As shown on Exhibit
C-Al the mine operations will be conducted on property owned by the Timbro Ranch and Cattle
Company with the final product being hauled on an existing access/ranch road, also located on
land owned by the Timbro Ranch and Cattle Company (Exhibits C-Al and C-A2). The existing
access road will not require improvements as part of the mining process and will remain in place
after termination of mining and closure. Wells Trucking, LLC has an agreement with Timbro
Ranch and Cattle to operate the proposed Timmerman/Wells pit on land indicated in Exhibit A.
The geology at the proposed site is mapped as the White River Group (Scott, 1978), which
contains the upper and middle Oligocene Brule Formation and underlying lower Oligocene
Chadron Formation. The Brule Formation consists of sandy to slightly clayey sandstone. The
Chadron Formation consists of clayey blocky siltstone and montmorillontic clay. Tweto ( 1979),
indicates that other material types include conglomerate rocks.
D-2 MINING METHOD AND TIMETABLE
The primary commodity to be mined will be sand and gravel (aggregate) for use as road base by
the construction and oil and gas industries. The operator plans no production or sale of
secondary or incidental products. The material will be excavated using standard earth moving
equipment to consist of excavators and loaders. No blasting of the material will be required to
excavate the resource. The excavated material will be loaded into off-highway haul trucks and
be taken to the processing area shown on Exhibit C-B 1 . The processing area will consist of a
Exhibit D.docx 1 Engineering Analytic s, Inc.
Exhibit D — Mining planning John Kolanz
Timmerman/Wells Pit Otis, Bedingfield & Peters, LLC
crusher and screening plant to develop a suitable material to sell to the construction and oil and
gas industries. Water consumption for mining and processing of the material will be minimal
and will consist of dust suppression for haul roads and crushing and screening of the aggregate.
Wells Trucking, LLC has secured water from the existing permitted wells located adjacent to the
proposed mining operation and will not require any additional water sources. The proposed
operations will not require or involve any surface water diversions and/or impoundments.
The Timmerman/Wells pit proposes to produce approximately 500,000- 1 ,000,000 tons of
aggregate per year. The permit area consists of 106.4 acres. As discussed in Exhibit E and
Exhibit L, the maximum disturbed area at the end of mining requiring revegetation will be
approximately 37 acres. The mining operations are anticipated to last for a period approximately
2 years, depending on market conditions. Topsoil removed from mining areas will be stockpiled
for reuse during site reclamation. Due to the short duration of the mining activities and relatively
small excavation footprint, reclamation will start at project termination.
D-3 NATURE OF DEPOSIT AND UNDERLYING GEOLOGY
Confidential — Provided in Attachment A.
REFERENCES:
Scott, G.R. 1978. Map Showing Geology, Structure, and Oil and Gas Fields in the Sterling 1° x2°
Quadrangle, Colorado, Nebraska, and Kansas. U.S. Geological Survey.
Tweto, Ogden 1979, Geologic Map of Colorado: U.S. Geological Survey Special Geologic Map,
scale 1 :500,000
January 29, 2015 2 Engineering Analytics, Inc.
Rev: February 19, 2015
T:\120513 Nov. Rolener Pit\Groainq.awq SAVED:2/19/15 PRINTED:2/19/15
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LEGEND:
- - - - - - EXISTING GROUND SURFACE A - - A' CROSS-SECTION
CONTOUR (5'/ 10'INTERVAL)
EDGE OF MINING
PROPOSED GROUND SURFACE
CONTOUR (1'15' INTERVAL)
- - - - AFFECTED LAND BOUNDARY
'- - = ACCESS ROAD NORTH
(EXISTING RANCH ROAD)
SCALE IN FEET
0 300'
Project No. 120513 DATE PREPARED: January 2015
Rev. February 2015
APPLICANT: WELLS TRUCKING LLC
Engineering Analytics, Inc. EXHIBIT D-1
MINE PLAN
TIMMERMAN/ WELLS PIT
ATTACHMENT E
aandlit&Ilisa.
OTIS , BEDINGFIELD & PETERS , LLC
ATTORNEYS AT LAW
John A. Kolanz
2725 Rocky Mountain Ave., Suite 320
kit ea ved lLoveland, CO 80538
4) 1) 115- 970-663-7300
jkolanz@nocoattorneys.com
0- 5
February 20, 2015
Ms. Carly Koppes
Weld County Clerk and Recorder
1402 N. 17th Avenue HAND DELIVERY
Greeley, CO 80632
Re: Construction Material Reclamation Permit Application
Timmerman/Wells Pit
Dear Ms. Koppes:
On February 2, 2015, Wells Trucking LLC provided for public review a copy of an
application, including exhibits, for a Section 112 Construction Material Reclamation Permit.
The operation would be located in rural Weld County about seven miles northeast of Keota and
12 miles northwest of New Raymer. Pursuant to 2 CCR 407-4: 1 .6.2(1)(c), we are providing you
a copy of additional information related to the application that was requested by the Colorado
Division of Reclamation, Mining and Safety. Sa ,hnte , 1O-tvy
A. Kolanz
i
OTIS , BEDINGFIELD & PETERS , LLC
ATTORNEYS AT LAW
John A. Kolanz
2725 Rocky Mountain Ave., Suite 320
Loveland, CO 80538
07/020,05- 0. 3970-663-7300
jkolanz@nocoattorneys.com
February 20, 2015
Division of Reclamation, Mining and Safety
Attention: Peter S. Hayes
1313 Sherman Street, Room 215
Denver, Colorado 80203
Re: Timmerman/Wells Pit, File No. M-2015-005
Response to Deficiency Notice for Section 112 Construction Material
Reclamation Permit Application
Dear Mr. Hays:
This responds to your letter dated February 11 , 2015 requesting additional information
for the above-reference permit application. For ease of reference, this letter repeats each of your
requests below verbatim, followed by our response:
1 . The Division requires the application list the exact company name registered with the
Colorado Secretary of State office, " Wells Trucking LLC ". Please revise the company
name throughout the application form including in the Applicant/Operator and notary
sections of the certification page, Page 8 of the application form, to indicate " Wells
Trucking LLC ".
Response: Attachment A contains a revised application form that changes the name of the
applicant from "Wells Trucking, LLC" to "Wells Trucking LLC." Item 1 . 1 of the application
was also revised to reflect the type of organization of the applicant as "Limited Liability
Company."
2. Please complete Item 3 on Page 1 of the application form to indicate the permitted
acreage.
Response: Attachment A contains a revised application form that shows the permitted acreage of
106.4 acres in Item 3 on Page 1 .
Sarlab
s. February 20, 2015
OTTS,BFDINGFIEI.DBzPET'ERS,�.c Page 2 of 3
A.7.T fl R.II.E:•Y b 1A:T. l 4 W D
3 . The Division requires the Applicant to provide documentation giving the signer, Joshua
Wells, the authority to sign on behalf of the company. The authorization document may
be in the form of by-laws, resolution, affidavit signed by corporate secretary, certified
secretary statement or a notarized statement on company letterhead
Response: Attachment B contains a Statement of Authority authorizing Joshua B. Wells to sign
on behalf of the company.
4. Please provide documentation authorizing John Kolanz, Attorney to act on behalf of
Wells Trucking LLC. A signed and notarized letter on company letterhead is adequate
documentation.
Response: Attachment C contains a signed and notarized letter providing such documentation.
5. As required by Rule 1. 1 (3), affected lands include but shall not be limited to private ways,
roads, except those roads which existed prior to the date on which notice was given or
the permit application was made to the office and which were constructed for purposes
unrelated to the proposed mining operation and which will not be substantially upgraded
to support the mining operation. Please clarify if the access road is included in the
proposed 106. 4 permitted acreage and if improvements are necessary on the existing
road to support the proposed mining activity. New and improved roads must be included
as part of the permitted acreage. Please update the permit application in exhibit acreage
amounts as needed
Response: The access road is not included in the 106.4 permitted acreage calculation. It is an
existing ranch road that will require no substantial upgrade to support the mining operation. It
will remain after mining and is not included in the Reclamation Plan.
6. The Applicant states the total acreage in the permit area is 106. 4 on the application form.
The Applicant states approximately 37 acres will be affected by the mining activity in the
Mining Plan and states the site limits are 120. 4 acres including the access road on the
Mining Plan Map - Exhibit D-1. Please update the application form, Mining Plan
narrative and Exhibit D-1 based on the response to Item #5 above.
Response: The Mining Plan has been updated to indicate that the existing access road will not
be improved as part of the mining process and thus is not included in the permit area. A
discussion regarding the 37 acres has also been included in the revised Mining Plan. The
m.
" '` `� February 20, 2015
Page 3 of 3
revised Mining Plan is provided as Attachment D. Exhibit D- 1 has been updated to reflect the
permit area of 106.4 acres and is also included in Attachment D.
7. Please provide an affidavit or receipt indicating the date on which the revised
application documents were placed with the Weld County Clerk and Recorder in
response to this letter.
Response: Attachment E contains a stamped copy of this letter (without attachments) and a
transmittal letter showing the date the revised application documents were provided to the Weld
County Clerk and Recorder.
This should fully address the issues raised in your February 11 , 2015 letter. Please
contact me immediately if you have any questions regarding this matter.
7erely, _criwt,d7
ark& a. . i<
ohn A. Kolanz
(encl.)
AFFIDAVIT OF JOHN KOLANZ
CERTIFYING COMPLIANCE WITH 2 CCR 407-4:1.6.2(1)(c)
�
STATE OF doh .)
)ss.
County of Lie id )
I, John Kolanz, being of lawful age and first duly sworn, depose and state as follows:
1 . My name is John Kolanz and I am an attorney representing Wells Trucking LLC.
2. I have personal knowledge of the information stated herein.
3. I certify that on February aq 2015 I placed for public review a revised copy of
the Timmerman/Wells Pit mining permit application, including exhibits, with the Weld County
Clerk and Recorder in accordance with 2 CCR 407-4: 1 .6.2(1)(c).
DATED this 2 O4-'day of February 2015.
(„0/ 01,, (L . 14„P 7
ohn A. Kolanz
The foregoing was acknowledged before me this 20 day of February 2015 by John
Kolanz. Witness my hand and official seal.
MICHAEL DOMINIC tL1c4d
PETERS
,: �AN�AO�CPUBUC Notary Public l
COLORADO My Commission Expires: I ( - / 11
NOTARY ID 20144043751
.•M f tc�lgM18810N EXPIRES NOV. 14, 2018
;.
ATTORNEYSOTIS , BEDINGFIELD & PETERS , LLC
AT LAW
John A. Kolanz
2725 Rocky Mountain Ave., Suite 320
Loveland, CO 80538
970-663-7300
jkolanz@nocoattorneys.com
February 24, 2015
Division of Reclamation, Mining and Safety
Attention: Peter S. Hayes
1313 Sherman Street, Room 215
Denver, Colorado 80203
Re: Timmennan/Wells Pit, File No. M-2015-005
Second Response to Deficiency Notice for Section 112 Construction Material
Reclamation Permit Application
Dear Mr. Hays:
This responds to your letter dated February 23, 2015 requesting additional information for
the above-reference permit application. For ease of reference, this letter generally repeats your
requests below, followed by our response:
1 . The Division requires the notary section on Page 8 of the application form list the signer 's
name, not the notary 's name. Please revise the notary section of the application form to
indicate the signer 's name, Joshua B. Wells.
Response: Attachment A contains a revised application form that corrects the notary section on
Page 8.
2. Please provide an affidavit or receipt indicating the date on which the revised application
documents were placed with the Weld County Clerk and Recorder in response to this letter.
Response: Attachment B contains copies of this letter (without attachments) and a transmittal
letter acknowledging receipt, and a signed affidavit, indicating the date the revised application
documents were provided to the Weld County Clerk and Recorder.
yam.
l February 24, 2015
3 it
��pi ■`y i C
, d "1, _ Page 2 of 2
This should fully address the issues raised in your February 23, 2015 letter. Please contact
me immediately if you have any questions regarding this matter.
Sincerely,
C.L.
hn A. Kolanz
(encl.)
ATTACHMENT A
STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203 COLORADO
DIVISION OF
Phone: (303) 866-3567
RECLAMATION
FAX: (303) 832-8106
MINING
SAFETY
CONSTRUCTION MATERIALS
REGULAR (112) OPERATION
RECLAMATION PERMIT APPLICATION FORM
CHECK ONE: There is a File Number Already Assigned to this Operation
Permit # M - - - (Please reference the file number currently assigned to this operation)
1 New Application (Rule 1 .4.5) 1-1__ Amendment Application (Rule 1 . 10)
FLConversion Application (Rule 1 . 11)
Permit # M - - - (provide for Amendments and Conversions of existing permits)
The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (1) the application
form; (2) Exhibits A-S, Addendum 1 , any sections of Exhibit 6.5 (Geotechnical Stability Exhibit; and (3) the application fee. When you
submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (1) copy of the completed
application form, two (2) copies of Exhibits A-S, Addendum 1, appropriate sections of 6.5 (Geotechnical Stability Exhibit, and a check for
the application fee described under Section (4) below. Exhibits should 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): Wells Trucking LLC
1 .1 Type of organization (corporation, partnership, etc.): Limited Liability Company
2. Operation name (pit, mine or site name): TimmermanANells Pit
3. Permitted acreage (new or existing site): 106.4 permitted acres
3. 1 Change in acreage (+) acres
3.2 Total acreage in Permit area 106.4 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
5. Primary commoditie(s) to be mined: Gravel
5. 1 Incidental commoditie(s) to be mined: 1. None lbs/Tons/yr 2. / lbs/Tons/yr
3. / lbs/Tons/yr 4. / lbs/Tons/yr 5. / lbs/Tons/yr
5.2 Anticipated end use of primary commoditie(s) to be mined: Road Base
N/A
5.3 Anticipated end use of incidental commoditie(s) to be mined:
- 2 -
6. Name of owner of subsurface rights of affected land: Timbro Ranch & Cattle CO. LLC
If 2 or more owners, "refer to Exhibit O".
7. Name of owner of surface of affected land: Timbro Ranch & Cattle CO. LLC
8_ Type of mining operation: 1 Surface Underground
9. Location Information: The center of the area where the majority of mining will occur:
COUNTY: Weld
PRINCIPAL MERIDIAN (check one): 126th (Colorado) El. 10th (New Mexico) In Ute
SECTION (write number): S Ten
TOWNSHIP (write number and check direction): T Nine IS North El South
RANGE (write number and check direction): R Fifty-nine D East IS West
QUARTER SECTION (check one): IN al 11 alp. D SW
QUARTER/QUARTER SECTION (check one): II NE 151 NW II SE SW
GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation):
About 6.8 miles northeast of Keota and 12.3 miles northwest of New Raymer and ranging from 5070-5155 feet in elevation.
10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM):
Latitude/Longitude:
Example: (N) 39° 44' 12.98"
(W) 104° 59' 3.87"
Latitude (N): deg 40 min 45 sec 30 . 08 (2 decimal places)
Longitude (W): deg 103 min 56 sec 9 . 40 (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: 20 13 36.3 E NAD27 Zone 13
4398351.2 N
UTM Datum (specify NAD27, NAD83 or WGS 84) Nad 83 Zone 13
Easting
Northing
- 3 -
11 . Correspondence Information:
APPLICANT/OPERATOR (name, address, and phone of name to be used on permit)
Contact's Name: BAY Maser Title: Manager
Company Name: Wells Trucking LLC
Street/P.O. Box: 32010 WCR 63 P.O. Box:
City: Gill
State: Colorado Zip Code: 80624
Telephone Number: ( 970 ) _ 3564671
Fax Number: ( ) -
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name: John Kolanz Title: Attorney
Company Name: Otis, Bedingfield & Peters, LLC
Street/P.O. Box: 2725 Rocky Mountain Avenue, Suite 320 P.O. Box:
City: Loveland
State: Colorado Zip Code: 80538
Telephone Number: ( 970 ) _ 663-7300
Fax Number. ( 970 ) _ 797-1399
INSPECTION CONTACT
Contact's Name: Bill Moser Title: Manager
Company Name: Wells Trucking LLC
Street/P.O. Box: 32010 WCR 63 P.O. Box:
City: Gill
State: Colorado Zip Code:
Telephone Number: ( 970 ) _ 3564671
Fax Number ( ) -
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( ) -
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( ) -
- 4 -
12. Prima future (Post-minim) land use (check one):
Cropland(CR) 1-11 Pastureland(PL) General Agriculture(GA)
IS Rangeland(RL) _EIForestry(FR) Wildlife Habitat(WL)
nResidential(RS) n Recreation(RC) Industrial/Commercial(IC)
n Developed Water Resources(WR) _ID Solid Waste Disposal(WD)
13. Primary present land use (check one :
0 Cropland(CR) Pastureland(PL) General Agriculture(GA)
1BRangeland(RL) Forestry(FR) Wildlife Habitat(WL)
Residential(RS) f] Recreation(RC) -O Industrial/Commercial(IC)
Developed Water Resources(WR)
14. Method of Mining: Briefly explain mining method (e.g. truck/shovel):
Material will be dry mined using excavators and haul trucks
15. On Site Processing: J71 l Crushing/Screening
13. 1 Briefly explain mining method (e.g. truck/shovel):
Material will be dry mined using excavators and haul trucks
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).
N/A
- 5 -
Maps and Exhibits:
Two (2) complete, unbound application packages must be submitted. One complete application package consists of a signed application
form and the set of maps and exhibits referenced below as Exhibits 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 Ike-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)(b) ADDENDUM 1 - 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.
ILA) 1 . Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal
liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands
associated with your mining operation in the event your permit is revoked and financial warranty is forfeited;
- 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;
Y‘ 10 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;
au) 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;
LU 5. It is your responsibility to notify the Office of any changes in your address or phone number;
00-) 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.
c3 W 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.
a Li 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.
3 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 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.
3 u! 10. For joint venture/partnership operators: the signing representative is authorized to sign this document and a
power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this
application.
- 7 -
NOTE TO COMMENTORS/OBJECTORS:
It is likely there will be additions, changes, and deletions to this document prior to fmal 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 fmal 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(4Xf), 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.RS., of the Colorado Land
Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any
permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating
without a permit pursuant to section 34-32.5-123, C.R.S.Signed and dated this 020 day of FG bv"uar -i o2 tA)C.-
1 `S locktç 1_ Lc If Corporation Attest (Seal)
Applicant/Operator or Comtny Name
Signed: Signed:
Corporate Secretary or Equivalent
Title: G'T'"t en el Qca&1we Town/City/County Clerk
State of e-o to,faxik o )
tt ) ss.
tt County of vV60. )
The foregoing instrument was acknowledged before me this 2—v day of FCLatA-ry
by 44Lasebei as hAgerit o ?cf%"eXflMk? of 10c tt 5 Tn.a.c..\to w L LC.
Ag a-es uck.
m . r PETERS
Notary Public
" ' b: •. t !
'44413. My Commission expires: l
{ 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
ATTACHMENT B
anamtlinilab
oTis BEDINGFIELD (c2TETERs ._ Liac
9 7
ATTORNEYS AT LAW
John A. Kolanz
Z - CA R E.Y Qp ,ES 2725 Rocky Mountain Ave., Suite 320
WELD
eout�xy Ct�R RECORDER Loveland, CO 80538
-9— C— i L v (- c \ 1402 NORTH 173' 970-663-7300
POPDX45 dAbE�'!#/E
CREELEy jkolanz@nocoattorneys.com
. COLORADO 80632
February 24, 2015
Division of Reclamation, Mining and Safety
Attention: Peter S. Hayes
1313 Sherman Street, Room 215
Denver, Colorado 80203
Re: Timmerman/Wells Pit, File No. M-2015-005
Second Response to Deficiency Notice for Section 112 Construction Material
Reclamation Permit Application
Dear Mr. Hays:
This responds to your letter dated February 23, 2015 requesting additional information for
the above-reference permit application. For ease of reference, this letter generally repeats your
requests below, followed by our response:
1 . The Division requires the notary section on Page 8 of the application form list the signer 's
name, not the notary 's name. Please revise the notary section of the application form to
indicate the signer 's name, Joshua B. Wells.
Response: Attachment A contains a revised application form that corrects the notary section on
Page 8.
2. Please provide an affidavit or receipt indicating the date on which the revised application
documents were placed with the Weld County Clerk and Recorder in response to this letter.
Response: Attachment B contains copies of this letter (without attachments) and a transmittal
letter acknowledging receipt, and a signed affidavit, indicating the date the revised application
documents were provided to the Weld County Clerk and Recorder.
.
Q.TIS,BEDINGFIELD&SItRS,I LC February 24, 2015
RT`T O R IC'P it � A ; LX. IY .
Page 2 of 2
This should fully address the issues raised in your February 23, 2015 letter. Please contact
me immediately if you have any questions regarding this matter.
Sincerely,
alv
hn A. Kolanz
(encl.)
aSa‘linilliS
° TIS 9 BEDINGFIELD & PETERS 9 LLC
ATTORNEYS AT LAW
John A. Kolanz
2 - -LL-f\ e \ • A��Y KO P P ES 2725 Rocky Mountain Ave., Suite 320
j ``DLO COUNTY CLLRK & RECORDER Loveland, CO 80538
1`-- e- v el WELD 970-663-7300
Y._ 1402 NORTH AVENUE
P 0 BOX 45 jkolanz@nocoattorneys.com
CREELEY, COLORADO 80632
February 24, 2015
Ms. Carly Koppes
Weld County Clerk and Recorder
1402 N. 17th Avenue HAND DELIVERY
Greeley, CO 80632
Re: Construction Material Reclamation Peiruit Application
Timmerman/Wells Pit
Dear Ms. Koppes:
On February 2, 2015, Wells Trucking LLC provided for public review a copy of an
application, including exhibits, for a Section 112 Construction Material Reclamation Permit.
The operation would be located in rural Weld County about seven miles northeast of Keota and
12 miles northwest of New Raymer. The Company supplemented that application through a
submittal dated February 20, 2015, and pursuant to 2 CCR 407-4: 1 .6.2(1)(c), provided you a
copy of the supplemental submittal.
The Company is again supplementing the application at the request of the Colorado
Division of Reclamation, Mining and Safety, and under 2 CCR 407-4: 1 .6.2(1 )(c), must provide
you a copy of the supplemental submittal. Specifically, this submittal corrects a mistake on the
notary portion of page 8 of the application.
QS . erely,
rt, a , Watio
ohn A. Kolan7
End.
-u - AFFIDAVIT OF JOHN KOLANZ
CERTIFYING COMPLIANCE WITH 2 CCR 407-4: 1.6.2(1)(c)
STATE OF C0\ 6 4 )
)ss.
County of tdc )
I, John Kolanz, being of lawful age and first duly sworn, depose and state as follows:
1 . My name is John Kolanz and I am an attorney representing Wells Trucking LLC.
2. I have personal knowledge of the information stated herein.
3 . I certify that on February R e, 2015 I placed for public review a revised copy of
the Timmerman/Wells Pit mining permit application, including attachments, with the Weld
County Clerk and Recorder in accordance with 2 CCR 407-4: 1 .6.2(1 )(c).
DATED this a Lj hday of February 2015.
4,/„_
6 . , 2ert„„&77
John A. Kolanz
The foregoing was acknowledged before me this Z.9 day of February 2015 by John
Kolanz. Witness my hand and official seal.
MICHAEL DOMINIC PETERSNOTARY y _-
Notary Public
COLORADO STATE OF CO My Commission Expires: tit 1 '1 " 2O1 g
LORA
NOTARY ID 20144043751
MY COMMISSION EXPIRES NOV. 14, 2018
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