HomeMy WebLinkAbout20150262.tiff a D8R R. COLORADO
CO ./ Division of Reclamation,
� Mining and Safety
Department of Natural Resources
1313 Sherman Street, Room 215
Denver, CO 80203
March 10, 2015 RECEIVED
Weld County Commissioners MAR 1 6 2Uz5
County Commissioner WELD COUNTY
915 10th St COMMISSIONERS
Greeley,CO 80631
RE: Notice of 112 Construction Materials Reclamation Permit Application Consideration
The New Cache La Poudre Irrigating Company,New Cache Agricultural Pond 1,
File No.M-2015-003
Please be advised that on March 6, 2015,The New Cache La Poudre Irrigating Company, whose address and
telephone number are 33040 Railroad Ave,Lucerne, CO 80646; (970)352-0222, filed an application to conduct
Surface extraction of construction materials and reclamation, at or near Section 6,Township 5 N,Range 64W,06th
Principal Meridian, in Weld County. Please be advised that the permit area may be located in more than one
Section,Township, and Range. The application decision is scheduled for June 4, 2015.
A copy of the application is available for review at the Weld County Clerk&Recorder's office and at the office of
the Division of Reclamation, Mining and Safety,Room 215, 1313 Sherman Street,Denver,Colorado 80203.
If you desire to make comments or objections,they must be submitted within twenty(20)days of the date of the last
newspaper public notice to be considered in the application review process by the Division. You should contact the
applicant for the newspaper publication date. If we do not receive your comments or any objection by the end of the
public comment period,the Office will assume you have no objection or comment to the proposed activity.
If you have any questions,please contact me.
Sincerely,
Peter S. Hays
Environmental Protection Specialist
3- 3-15 e et, PlAir 3/Ig aors-
1,-7( �
t r o'
1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us \* CL) *
John W. Hickenlooper, Governor I Mike King, Executive Director I Virginia Brannon, Director + I8v6�++
THE NEW CACHE LA POUDRE IRRIGATING COMPANY
THE CACHE LA POUDRE RESERVOIR COMPANY
•- (970)352-0222
January 12, 2015
Division of Reclamation, Mining and Safety
Department of Natural Resources
1313 Sherman St., Room 215
Denver, CO 80203
To whom it may concern:
Enclosed you find a Construction Material Regular(112) Operation Reclamation Permit Application from
the New Cache La Poudre Irrigating Company (NCLPIC). The NCLPIC is constructing a 9.42 acre
agricultural pond located in unincorporated Weld County(SW4, Section 6,Township 5 North, Range 64
West, 6th P.M; Lot B of Recorded Exemption No.0963-6-3 RECX 14-0049).
Current owner of property is Wagistics, LLC, but it is under contract to be sold to the NCLPIC on April 16,
2015.
The pond is located on an agricultural zoned property—no land use permits are required from Weld
County. The current land use is pastureland;final land use will be developed water resources
(agricultural pond). Total expected land to be disturbed is roughly 13 acres, producing approximately
125,000 yards of mined materials, including dirt,gravel, and top soil,which will be used as fill in road
construction, in oil and gas development, and in feedlot surface management. Mining of materials will
include typical excavation equipment, such as scrapers,track hose,and loaders. There will be no on-site
processing. Other detailed information is included in the attached Exhibits.
Please contact me if any further information is required.We appreciate your timely consideration.
Sincerely,
44(.12i 3.tztre_Lay
Dale Trowbridge
General Manager
33040 Railroad Avenue• P.O. Box 104• Lucerne, Colorado 80646
•
• STATE OF COLORADO
DIVISION OF RECLAMATION,MINING AND SAFETY
Department of Natural Resources
1313 Sherman St.,Room 215
Denver,Colorado 80203 C O L O R A D O
DIVISION OF
Phone:(303)866-3567 RECLAMATION
FAX:(303)832-8106 CONSTRUCTION MATERIAL MINING
Sr-
REGULAR(112)OPERATION SAFETY
RECLAMATION PERMIT APPLICATION PACKAGE
APPLICABILITY:
'[his application package is for a construction materials operation which affects 10 acres or more.
If you plan to conduct a construction materials extraction operation which meets these criteria,please follow the instructions
provided in this package, in the Rules and Regulations, and in the Colorado Land Reclamation Act for the Extraction of
Construction Materials, as required.
RECOMMENDATIONS PRIOR TO FILING:
The Construction Material Rules and Regulations (the Colorado Land Reclamation Act for the Extraction of Construction
Materials, Section 34-32.5-101, et seq., C.R.S., and 2 CCR 407-1) and the Colorado Mined Land Reclamation Board (the
"Board")regulate the permitting,operational and reclamation requirements for all construction material extraction operations in
Colorado. It is your obligation to comply with the Act and Regulations. You are encouraged to obtain and review a copy of the
Rules, available for $8.00 from the Division of Reclamation, Mining, and Safety (the "Office"). In order to submit your
application properly, it is recommended that you review the Act and:
Rule 1.1 Definitions;
Rule 1.4.1 Application Review and Consideration Process;
Rule 1.4.5 Specific Requirements for Regular 112 Operations;
Rule 1.6 Public Notice Procedures;
Rule 3.1 Reclamation Performance Standards;
Rule 3.3.1 Operating without a Permit-Penalty;
Rule 4 Performance Warranties and Financial Warranties;
Rule 6 Permit Application Exhibit Requirements;
Rule 6.2 General Requirements of Exhibits;
Rule 6.4 Specific Permit Application Exhibit Requirements;and
Rule 6.5 Geotechnical Stability Exhibit.
It is recommended that you contact the agencies listed in the application section titled"Compliance With Other Laws"prior to
submitting the application to the Office.
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines
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FILING REQUIREMENTS:
In order to apply for a Reclamation Permit for a Regular 112 Operation,please provide:
o One(1)signed and notarized completed ORIGINAL and one(1)copy of the completed original Regular 112
Operation Application Form. ORIGINAL SIGNATURES MUST BE DONE IN BLUE INK.
o Two(2)copies of Exhibits A-S(required sections described in Rule 6).
o Two(2)copies of Addendum 1 -Notice requirements(described in Rule 1.6.2(1xb)).A sample of this notice is
attached for your use.
o The Geotechnical Stability Exhibit when required by the Division.
o The application fee.
The ninety(90)day period for review of the application and exhibits will NOT begin until all required information and fee are
submitted. The Office will then review the submitted information for adequacy.
NOTICE REQUIREMENTS:
1. You MUST send a notice,on a form approved by the Board,to the local board of county commissioners. A
copy of this "Notice of Filing Application" form is attached for your use.
2. If the mining operation is within the boundaries of a conservation district, send a notice to the board of
supervisors of the conservation district, PRIOR to filing the application. A copy of this "Notice of Filing
Application" form is attached for your use.
3. You MUST include proof of notice #1 and #2 above with the application at the time the application is
submitted to the Office for filing(Rule 1.6.2(1)(g)).
4. PRIOR to filing the application,place for public review a copy of the application,less confidential items,with
the clerk or recorder of the county or counties in which the affected land is located.
5. You MUST include an affidavit or receipt demonstrating that the application was filed with the county clerk
or recorder at the time the application is submitted to the Office for filing.
6. Any changes or additions made to an application submittal MUST be filed with the county clerk or recorder.
You MUST also provide the Office with an affidavit or receipt demonstrating that the change was filed with the
county clerk or recorder no later than the close of business on the day the change was filed with the Office
(Rule 1.8.1(2)).
7. Within ten(10)days after your application is considered filed,you must publish four times in a newspaper of
general circulation,in the locality of the proposed mining operation,the notice described in Rule 1.6.2(1xd).
8. In addition, after the first publication you must mail or personally serve a copy of the notice described in
Rule I.6.2(1)(d)to all owners of record of surface rights to the affected land and all owners of record of lands that
are within 200 feet of the boundary of the affected land(Rule 1.6.2(1)(e)). A copy of a form which includes all
required information for the notice is attached for your use.
- -
9. Prior to the Office making a decision(consideration of the application),you MUST submit a copy of the proof
of publication from the newspaper and proof of all required notices. Proof of the notices may be by submitting
copies of return receipts of a certified mailing or by proof of personal service (Rules 1.4.1(4), I.4.2(4)(c),
1.6.2(1)(a)(ii), and I.6.2(l)(g)).
The copy of the application and any changes or additons placed at the office of the county clerk or recorder shall NOT be
recorded, but shall be retained there for at least sixty (60) days after a decision on the application by the Office and be
available for inspection during this period. At the end of this period,the application may be reclaimed by the applicant or
destroyed(Rule 1.6.2(2)).
APPLICATION REVIEW PROCEDURES:
The Office shall approve or deny the application within ninety (90)days of filing unless the date for consideration by the
Office is extended pursuant to Rule 1.8. The time for consideration shall not be extended beyond ninety(90)days after the last
such change submitted. For complex applications,the review period may be extended an additional sixty(60)days. Please
see Rule 1.1(10)for the definition of what constitutes a complex application.
APPLICATION APPROVAL/DENIAL:
If the requirements of the Act and Mineral Rules have been satisfied,the Office will approve the application. The Act also
provides for automatic approval if no action is taken by the Office by the end of the review period.
If the Act and Regulation requirements have not been satisfied,the Office will deny the application. If the Office denies the
application,you may appeal to the Board for a final determination by submitting a written request for administrative appeal to
the Board within 60 days of the decision date (Rule 1.4.7).
PERFORMANCE AND FINANCIAL WARRANTIES:
A performance warranty,and a financial warranty dollar amount determined during the application review process,must be
submitted and approved by the Office PRIOR to permit issuance. A financial warranty should NOT be submitted until a
decision on the application has been made. If the applicant is a unit of state or county government,then ONLY a performance
warranty is required.
Several different types of financial warranties are allowed by the law. Please review Rule 4.0 to determine which type of
financial warranty you desire to use. You may obtain the appropriate warranty forms from the Office during the application
review period.
Please note that an application approval DOES NOT convey a right to begin operations. You MUST submit, and have
approval of your performance and financial warranties, and receive your copy of the signed permit document PRIOR to
beginning on-site mining activity.
AUTOMATIC PERMIT APPROVAL:
An automatic approval will occur where the Office fails to notify the applicant/operator that the application has been denied.
This decision must be made ninety (90) calendar days from the date the application was determined to have been filed.
However,the performance and financial warranties must be submitted and approved by the Office before the permit will be
issued even if you receive an automatic approval. NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT IS
ISSUED(Section 34-32.5-109(1),C.R.S.).
-iv-
COMPLIANCE WITH OTHER LAWS:
Compliance with the Act and Rules and Regulations of the Mined Land Reclamation Board DOES NOT relieve you of your
responsibility to comply with all other applicable state and federal laws. We recommend that you contact the following
agencies to determine whether you need to comply with their legal requirements:
o The Colorado State Historical Preservation Office regarding properties of historical significance including the need for
an archeological survey,procedures for requesting a file search,and inventory forms to identify structures.
o Colorado Division of Water Resources with regard to water rights;
o Colorado Department of Health,Water Quality Control Division,with regard to the discharge of pollutants into the State
waters;
° Colorado Department of Health,Air Pollution Control Division,with regard to the need for a fugitive dust permit;
o U.S.Bureau of Land Management or the U.S. Forest Service if the proposed operation will occur on federal lands;
o U. S.Army Corps of Engineers regarding a dredge and fill(404)permit;and
o The County Planning Department for the county or counties in which your proposed operation is located.
Section 34-32.5-109(3),C.R.S,requires a mining operator to be responsible for assuring that the mining operation and
the post-mining land use comply with local land use regulations and any master plan for extraction adopted pursuant to
Section 34-1-304,C.R.S.
COMPLETION OF MINING:
Upon completion of any phase of reclamation,you should consult Rule 3.1 for reclamation standards and 4.16 for details on
how to request a reclamation responsibility release from the Board.
STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St.,Room 215
COLORADO
Denver,Colorado 80203 DIVISION OF
Phone:(303)866-3567 RECLAMATION
FAX:(303)832-8106 MINING
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SAFETY
CONSTRUCTION MATERIALS
REGULAR(112)OPERATION
RECLAMATION PERMIT APPLICATION FORM
CHECK ONE:I 1 There is a File Number Already Assigned to this Operation
Permit# M - - (Please reference the file number currently assigned to this operation)
El New Application(Rule 1.4.5) El Amendment Application(Rule 1.10)
Conversion Application(Rule 1.11)
Permit# M - - - (provide for Amendments and Conversions of existing permits)
The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts:(1)the application
form;(2)Exhibits A-S,Addendum I,any sections of Exhibit 6.5(Geotechnical Stability Exhibit;and(3)the application fee. When you
submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (1) copy of the completed
application form,two(2)copies of Exhibits A-S,Addendum 1,appropriate sections of 6.5(Geotechnical Stability Exhibit,and a check for
the application fee described under Section(4)below. Exhibits should NOT be bound or in a 3-ring binder;maps should be folded to
8 1/2" X 11"or 8 1/2" X 14"size. To expedite processing,please provide the information in the format and order described in this form.
GENERAL OPERATION INFORMATION
Type or print clearly,in the space provided,ALL information requested below.
I. Applicant/operator or company name(name to be used on permit): New Cache La Poudre Irrigating Company
1.1 Type of organization(corporation,partnership,etc.): corporation
2. Operation name(pit,mine or site name): New Cache Agricultural Pond 1
3. Permitted acreage(new or existing site): approx. 13.5 permitted acres
3.1 Change in acreage(+) n/a acres
3.2 Total acreage in Permit area approx. 13.5 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
dirt gravel top soil
5. Primary commoditie(s)to be mined:
5.1 Incidental commoditie(s)to be mined: 1. n/a - lbs/Tons/yr 2. n/a / lbs/Tons/yr
3. n/a / lbs/Tons/yr 4. n/a / lbs/Tons/yr 5. n/a / lbs/Tons/yr
5.2 Anticipated end use of primary commoditie(s)to be mined: fill for roads, oil & gas development, feedlot
n/a
5.3 Anticipated end use of incidental commoditie(s)to be mined:
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6. Name of owner of subsurface rights of affected land: Wagistics, LLC
If 2 or more owners,"refer to Exhibit O".
7. Name of owner of surface of affected land: Wagistics, LLC
8. Type of mining operation: 0 Surface Underground
9. Location Information: The center of the area where the majority of mining will occur:
COUNTY: Weld
PRINCIPAL MERIDIAN(check one): S 6th(Colorado) 10th(New Mexico) Il Ute
SECTION(write number): S 6
TOWNSHIP(write number and check direction): T 5 a✓ North D South
RANGE(write number and check direction): R 64 Q East L West
QUARTER SECTION(check one): ❑ F.6 E SW
QUARTER/QUARTER SECTION(check one): NE �—+NW SE SW
GENERAL DESCRIPTION:(the number of miles and direction from the nearest town and the approximate elevation):
The elevation is 4,605 ft.; site is located approximately 2 miles east of Greeley, CO.
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 25 sec 40 93 (2 decimal places)
Longitude(W): deg 104 min 35 sec 42. .75 (2 decimal places)
OR
Example: (N) 39.73691°
(W) -104.98449°
Latitude(N) (5 decimal places)
Longitude(W) (5 decimal places)
OR
Universal Tranverse Mercator(UTM)
Example: 201336.3 E NAD27 Zone 13
4398351.2 N
UTM Datum(specify NAD27,NAD83 or WGS 84) Nad 83 Zone 13
Easting
Northing
-3 -
I I. Correspondence Information:
APPLICANT/OPERATOR (name,address,and phone of name to be used on permit)
Contact's Name: Dale Trowbridge Title: General Manager
Company Name: New Cache La Poudre Irrigating Company
Street/P.O. Box: 33040 Railroad Ave. P.O.Box: 104
City: Lucerne
State: Colorado Zip Code: 80646
Telephone Number: (970 1_ 352-0222
Fax Number: (970 )- 352-0226
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name: same Title:
Company Name:
Street/P.O. Box: P.O. Box:
City:
State: Zip Code:
Telephone Number: ( )-
Fax Number: ( )-
INSPECTION CONTACT
Contact's Name: Same Title:
Company Name:
Street/P.O.Box: P.O. Box:
City:
State: Zip Code:
Telephone Number: ( )-
Fax Number: ( )-
CC: STATE OR FEDERAL LANDOWNER(if any)
Agency: n/a
Street:
City:
State: Zip Code:
Telephone Number: ( )-
CC: STATE OR FEDERAL LANDOWNER(if any)
Agency: n/a
Street:
City:
State: Zip Code:
Telephone Number: ( )-
-4-
12. Prima future(Post-mining)land use check onel: —,Cropland(CR) Pastureland(PL) = General Agriculture(GA)
Rangeland(RL) m Forestry(FR) _esWildlife Habitat(WL)
Residential(RS) _n' Recreation(RC) �1 Industrial/Commercial(IC)
J. t Developed Water Resources(WR) I-1 Solid Waste Disposal(WD)
13. Primary present land use(check one :
ID_ Cropland(CR) Pastureland(PL) General Agriculture(GA)
n Rangeland(RL) j Forestry(FR) Wildlife Habitat(WL)
II Residential(RS) jJ Recreation(RC) Industrial/Commercial(IC)
❑ Developed Water Resources(WR)
14. Method of Mining: Briefly explain mining method(e.g.truck/shovel):
shovel/truck
15. On Site Processinp: 11 Crushing/Screening
13.1 Briefly explain mining method(e.g.truck/shovel):
no onsite processing
List any designated chemicals or acid-producing materials to be used or stored within permit area:
n/a
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 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(I)(b) ADDENDUM 1 -Notice Requirements(sample enclosed)
Rule 6.5 Geotechnical Stability Exhibit(any required sections)
The instructions for preparing Exhibits A-S,Addendum I,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.
n I. Your obligation to reclaim the site is not limited to th e amount of the financial warranty.y You assume legal al
liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands
associated with your mining operation in the event your permit is revoked and financial warranty is forfeited;
-6-
2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee
violated the terms or conditions of this permit,the Act, the Mineral Rules and Regulations, or that information
contained in the application or your permit misrepresent important material facts;
3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit
boundary,substantial civil penalties,to you as permittee can result;
4. Any modification to the approved mining and reclamation plan from those described in your approved
application requires you to submit a permit modification and obtain approval from the Board or Office;
5. It is your responsibility to notify the Office of any changes in your address or phone number;
6. Upon permit issuance and prior to beginning on-site mining activity,you must post a sign at the entrance of
the mine site,which shall be clearly visible from the access road,with the following information(Rule 3.1.12):
a. the name of the operator;
b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land
Reclamation Board;and,
c. the permit number.
7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly
visible and adequate to delineate such boundaries prior to site disturbance.
8. It is a provision of this permit that the operations will be conducted in accordance with the terms and
conditions listed in your application,as well as with the provisions of the Act and the Construction Material Rules
and Regulations in effect at the time the permit is issued.
9. Annually,on the anniversary date of permit issuance,you must submit an annual fee as specified by Statute,
and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date(if
there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted
annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For
example,a permit with the anniversary date of July 1, 1995,the annual fee is for the period of July 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.
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.
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NOTE TO COM MENTORS/OBJECTORS:
It is likely there will be additions,changes,and deletions to this document prior to final decision by the Office. Therefore,if
you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will
know what changes may have been made to the application document.
The Office is not allowed to consider comments,unless they are written,and received prior to the end of the public comment
period. You should contact the applicant for the final date of the public comment period.
If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process,you may
contact the Office at(303) 866-3567.
- 8 -
Certification:
As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum
requirements of the following terms and conditions:
1. To the best of my knowledge,all significant, valuable and permanent man-made structure(s)in existence at the time
this application is filed,and located within 200 feet of the proposed affected area have been identified in this application
(Section 3432.5-1 15(4)(e), C.R.S.).
2. No mining operation will be located on lands where such operations are prohibited by law
(Section 34-32.5-115(4)(O, C.R.S.;
3. As the applicant/operator, I do not have any extraction/exploration operations in the State of Colorado currently in
violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials
(Section 34-32.5-120, C.R.S.) as determined through a Board finding.
4. I understand that statements in the application are being made under penalty of perjury and that false statements
made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S.
This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,C.R.S.,of the Colorado Land
Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any
permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating
without a permit pursuant to section 34-32.5-123, C.R.S.
Signed and dated this day of )A MO,r , Z-0 15 .
N0,1\1 (461,4 Y J e u-Gwc- �rrYtyk ?'j Ic - If Corporation Attest(Seal)
Applicant/Operator or Company Name J Signed: /411. K a W'(24N Signed: � Lw
Corporate Secretary or Equivalent
Title: 4e4 i1/414.4ki.ALL414 Town/City/County Clerk
State of O,L� ,rrk-LO
) ss.
County of (&1 P< )
Wnwuau ,4
The foregoing instruments acknowledged before ir��ep. , 4y o, day of cnfn,t� !�/e t
G' ,a, by IAA LE b . 12ece-t3 Ali Da C '°r,r�'l;%E2!A7• l v`AG t-: It of tvEte} /ACNE LA PG(i
faSIrn co
N•
B 1
%A•. O L I C ,:O Notary Public
,'9Shor + -Ro• My Commission expires: e2i, /3 _7L'/7
rrttttnmu m „ •`
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
THE NEW CACHE LA POUDRE IRRIGATING COMPANY
THE CACHE LA POUDRE RESERVOIR COMPANY
(970)352-0222
Construction Material
Regular (112) Operation
Reclamation Permit Application
The New Cache La Poudre Irrigating Company
New Cache Agricultural Pond1
33040 Railroad Avenue• P.O. Box 104 • Lucerne, Colorado 80646
THE NEW CACHE LA POUDRE IRRIGATING COMPANY
THE CACHE LA POUDRE RESERVOIR COMPANY
(970)352-0222
EXHIBIT A
Legal Description
The affected property is located east of Greeley,Colorado.
Legal Description: SW4, Section 6,Township 5 North, Range 64 West, 6th P.M. More specifically
described as Lot B of Recorded Exemption No. 0963-6-3 RECX 14-0049.
Latitude (N): deg:40, min: 25, sec: 40.93
Longitude(W): deg: 104, min: 35, sec:42.75
33040 Railroad Avenue• P.O. Box 104• Lucerne, Colorado 80646
THE NEW CACHE LA POUDRE IRRIGATING COMPANY
THE CACHE LA POUDRE RESERVOIR COMPANY
(970) 352-0222
' I
,
•
EXHIBIT B
Index Map(s )
North , .. r ` I t
R �° a
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33040 Railroad Avenue • P.O . Box 104 • Lucerne, Colorado 80646
THE NEW CACHE LA POUDRE IRRIGATING COMPANY
THE CACHE LA POUDRE RESERVOIR COMPANY
(970) 352-0222
' i
EXHIBIT C
Pre- Mining and Mining Plan Map (s) of Affected Lands
Attachments:
1 . Site Location & Adjacent Property Owners
2 . Oil Wells On and Near Property
3 . Significant, Valuable, Permanent Man-Made Structures (w/in 200 ft. )
4. Soils Description Map
5 . Site Survey Map
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Exhibit C — Attachment 3 : Significant, Valuable, Permanent Man-Made Structures (w/in 200 ft. )
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al Conservation Service National Cooperative Soil Survey Page 1 of 3
Exhibit C — Attachment 4: Soils Map (page 2 of 2)
Soil Map—Weld County, Colorado. Southern Part
MAP LEGEND MAP INFORMATION
Area or Interest(AOl) r, Spoil Area The soil surveys that comprise your AOI were mapped at 1:24,000.
Area of Interest(AOI) a Stony Spa --
Warning: Soil Map may not be valid at this scale.
soils
Very Stony Spot Enlargement of maps mapping Soil Map Unit Polygons 9 beyond the scale of ma in can cause
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ewe Soil Map Unit Lines placement. The maps do not show the small areas of contrasting
• Soil Map Unit Points
Other soils that could have been shown at a more detailed scale.
.- Special Line Features
Spedal Point Features Please rely on the bar scale on each map sheet fa map
Water Features
V Blowout measurements.
Streams and Canals
IS Borrow Pa Source of Map. Natural Resources Conservation Service
Transportation Web Soil Survey URL http://websalsurvey.nres.usda.gov
Clay Spot r-+-r Rails Coordinate System: Web Mercator (EPSG:3857)
Closed Depression ti Interstate Highways Maps from the Web Soil Survey are based on the Web Mercator
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the version date(s) listed below.
Marsh or swamp . Aerial Photography
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Survey Area Data: Version 13. Sep 23. 2014
• Miscellaneous Water Sod map units are labeled(as space allows)for map scales 1:50,000
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Rock Outcrop Date(s)aerial images were photographed: Apr 22. 2011—Oct 19,
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USDA Natural Resources Web Sal Survey 12/29/2014
Conservation Service National Cooperative Soil Survey Page 2 of 3
Soil Map—Weld County, Colorado, Southern Part
Map Unit Legend
Weld County, Colorado, Southern Part (CO618)
Map Unit Symbol Map Unit Name Acres in AO1 Percent of AOI
10 Bankard sandy loam, 0 to 3 39.4 34.9%
percent slopes, frequently
flooded
22 Dacono clay loam, 1 to 3 46.6 41 .3%
percent slopes
76 Vona sandy loam, 1 to 3 percent 14.4 12.8%
slopes
85 Water 12.4 11.0%
Totals for Area of Interest 112.7 100.0%
Exhibit C — Attachment 5: Site Survey Map
Entrance/Access Proposed location of the
New Cache La Poudre Pond
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THE NEW CACHE LA POUDRE IRRIGATING COMPANY
THE CACHE LA POUDRE RESERVOIR COMPANY
—T (970)352-0222
EXHIBIT D
Mining Plan
We are constructing an agricultural pond that is only 9.42 acres in size (approximately 13 disturbed acres).
It is estimated that we will create approximately 125,000 yards of waste material. The waste material from
this pond will be sold but not marketed. As such, the timing of construction is not known at this time, but,
given the limited amount of material,will be short in duration.
1. Mining is estimated to begin in the spring of 2015 and end prior to spring of 2016. No geotechnical
testing or material characterization is anticipated due to the minimal size of the site.
a. Material for pond embankment construction will be identified and stockpiled for pond
construction.
b. Loading and hauling away of the waste material will occur as needed for construction.
2. Mining will occur with typical excavation equipment and will likely include scrapers,track hoes, and
loaders.
3. Vegetation is sparse in the area. Soil supporting plant growth will be stored in the mining area and used
in the reclamation process.
4. There will be no office, shop, plant,or underground openings in the mining area. There will be no
processing equipment at the site. The mined material will be transported off property by tractor
trailers. The mining area will be accessed by an existing road on the property,currently used by the
property owner.
5. Pit excavation will be confined to the area shown in Exhibit C. The excavation is anticipated to be done
from south to north. The haul road and access to the county road are established.
6. There will be no water used with the mining operation, other than for dust control as needed.
7. The encountering of ground water is not anticipated.
8. The mining will be done above the water table.
9. Colorado water laws and regulations governing injury to existing water rights is not applicable in this
operation.
10. The affected area is located in a rural area; no refuse, acid, or toxic producing materials will be
encountered. If these materials are found, they will be disposed of per Colorado laws and regulations.
33040 Railroad Avenue • P.O. Box 104• Lucerne, Colorado 80646
THE NEW CACHE LA POUDRE IRRIGATING COMPANY
THE CACHE LA POUDRE RESERVOIR COMPANY
(970)352-0222
EXHIBIT E
Reclamation Plan
As described in these application materials,we are constructing a 9.42 acre agricultural pond. The majority
of the disturbed area will be within the pond and reclaimed as a pond with liner, etc. All exterior side slopes
and any other disturbed area will be reclaimed as described below:
1. The maximum gradient of reclaimed slopes will be 3:1.
2. Top soil will be stockpiled and be placed at a minimum average depth of three inches. The seedbed
should be well settled and firm but not compacted. If heavy equipment compacted an area it will be
ripped and smoothed. The seed bed will be free of weeds.
3. A soil test will be performed to determine proper fertilizer requirements. In lieu of a soil test the
planting area will be fertilized at a rate of at least 40 lbs. of nitrogen and 40 lbs.of phosphate. Animal
manure may be used to supply all or part of the nutrients. Fertilization will occur proximate to seeding
time (of grass).
4. The seed mixture will be Dryland Aggressive Mix at 10 lbs/acre consisting of:
Intermediate Wheatgrass, Oahe
Pubescent Wheat Wheatgrass, Lura
Green Needlegrass, Lodorm
Slender ,Wheat rass Pryor
Wheatgrass, Y
Slender Wheatgrass, Revenue
Western/Slender Mix
Western Wheatgrass
Grass drilling will occur between spring 2016 and spring 2017. Weeds will be controlled mechanically or
chemically, until grass is established. No grazing will be allowed.
5. A minimum of 4,000 lbs. of grass mulch per acre will be applied to the surface after the grass has been
seeded to hold the ground, until the grass has been established. The mulch will be crimped into the
surface (4 inch depth)with a mulch crimper.
6. The existing access road will be left as is, no cultivation or seeding.
33040 Railroad Avenue• P.O. Box 104 • Lucerne, Colorado 80646
THE NEW CACHE LA POUDRE IRRIGATING COMPANY
THE CACHE LA POUDRE RESERVOIR COMPANY
(970)352-0222
EXHIBIT F
Reclamation Plan Map
We are constructing an agricultural pond that is only 9.42 acres(approximately 13 disturbed acres).
The physical appearance of the land will be an agricultural pond. The site is 35 acres. Approximately 13
acres will be pond and embankment. Generally,the balance of the property will be maintained with
vegetative cover. The attached map is a portrayal of the final land use.
33040 Railroad Avenue • P.O. Box 104• Lucerne, Colorado 80646
Exhibit F—Reclamation Plan Map (1 of 2)
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THE NEW CACHE LA POUDRE IRRIGATING COMPANY
THE CACHE LA POUDRE RESERVOIR COMPANY
(970)352-0222
EXHIBIT G
Water Information
The proposed operation is not expected to affect surface or groundwater systems.
33040 Railroad Avenue • P.O. Box 104• Lucerne, Colorado 80646
THE NEW CACHE LA POUDRE IRRIGATING COMPANY
THE CACHE LA POUDRE RESERVOIR COMPANY
(970)352-0222
EXHIBIT H
Wildlife Information
The proposed operation is not expected to have an effect on any wildlife or wildlife resources, as there isn't
a significant presence of either on the affected land. Further, the impacted area is small in size as we are
constructing an agricultural pond that is only 9.42 acres(approximately 13 disturbed acres).
33040 Railroad Avenue• P.O. Box 104 • Lucerne, Colorado 80646
THE NEW CACHE LA POUDRE IRRIGATING COMPANY
THE CACHE LA POUDRE RESERVOIR COMPANY
(970)352-0222
EXHIBIT I
Soils Information
The USDA NRCS soil survey maps indicate there are 3 soil types on the property. A description of each soil
type as well as a soils map (of the permitted area) is attached. Each soil type is capable of supporting and
maintaining plant growth.
Attachments
1. Soils Map
2. Soil Information (Bankard Sandy Loam)
3. Soil Information (Dacono Clay Loam)
4. Soil Information (Vona Sandy Loam)
33040 Railroad Avenue • P.O. Box 104• Lucerne, Colorado 80646
Exhibit I — Attachment 2: Soils Map (page 1 of 2)
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USDA Natural Resources Web Soil Survey 12/29/2014
a Conservation Service National Cooperative Soil Survey Page 1 of 3
I
Exhibit I—Attachment 2: Soils Map(page 2 of 2)
MAP LEGEND MAP INFORMATION
Area of Interest IAO1) to Spoil/veer The soil surveys that comprise your AOI were mapped at 1:24,000.
[-1 Area of interest(AO1) b Stony Spot
Warning:Soil Map may not be valid at this scale.
Soils
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measurements.
Streams erd canals
® Borrow Pit Source of Map Natural Resources Conservation Service
Transportation Web Sal Survey URL: http/Avebsolsurvey.nres.usda.gov
X Cleat Spot r4-t Rails Coordinate System Web Mercator(EPSG:3857)
0. Closed Depression
Interstate Higtrveys Maps from the Web Soil Survey are based on the Web Mercator
X Gravel Pit u5 Routes protection which preserves direction and shape but distorts
distance and area.A projection that preserves area,such as the
Gravelly Spot
Major Roads Albers equal-area conic protection,should be used if more accurate
• Lenefil calculations of distance or area are required.
Local Roads
A. Lave Flow rwrtd This product is generated from the USDA-NRCScertified data as of
Baca
g the version detets)toted below.
46 Marsh or swamp . Aenel Photogrephy
• Min•or Quarry Survey
Survey Area: Weld County,Colorado,Southern Part
Survey Area Data: Version 13.Sep 23,2014
O Miscellaneous Water Soil map units are labeled(as space allows)for map scales 1:50,000
® Perennial Water or larger.
Rock Outcrop Date(s)aerial images were photographed: Apr 22,2011—Oct 19,
2011
+. Saila Spot
Sanay Spa The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
att. Severely Forded Spot imagery displayed on these maps.As a result,some minor shifting
of map unit boundaries may be evident.
0, srahae
•
Slide or Shp
• Sod=Spot
galNatural Resources Web Sod Survey 12/29/2014
Conservation Service National Cooperative Soli Survey Page 2 of 3
Soil Map—Weld County,Colorado,Southern Part
Map Unit Legend
Weld County,Colorado,Southern Part(CO618)
Map Unit Symbol Map Unit Name Acres In A0I Percent of A0I
10 Bankard sandy loam, 0 to 3 39.4 34.9%
percent slopes. frequently I
flooded
22 Dacono clay loam. 1 to 3 46.6 I 41.3%
percent slopes
76 Vona sandy loam,1 to 3 percent 14.4 12.8%
slopes
85 Water 12.4 11.0%
Totals for Area of Interest 112.7 100.0%
Exhibit I—Attachment 2: Soil Information(Bankard Sandy Loam)(page 1 of 2)
Weld County, Colorado, Southern Part
10--Bankard sandy loam, 0 to 3 percent slopes
Map Unit Setting
National map unit symbol: 361k
Elevation: 4,450 to 5,000 feet
Mean annual precipitation: 10 to 14 inches
Mean annual air temperature: 48 to 52 degrees F
Frost-free period: 95 to 160 days
Farmland classification: Prime farmland if irrigated and the product of I
(soil erodibility) x C (climate factor) does not exceed 60
Map Unit Composition
Bankard and similar soils: 85 percent
Minor components: 15 percent
Estimates are based on observations, descriptions, and transects of the
mapunit.
Description of Bankard
Setting
Landform: Flood plains, low sand ridges
Down-slope shape: Linear
Across-slope shape: Linear
Parent material: Stratified, recent alluvium
Typical profile
H1 - 0 to 4 inches: sandy loam
H2- 4 to 60 inches: stratified gravelly sand to loam
Properties and qualities
Slope: 0 to 3 percent
Depth to restrictive feature: More than 80 inches
Natural drainage class: Somewhat excessively drained
Runoff class: Very low
Capacity of the most limiting layer to transmit water(Ksat): High(2.00
to 6.00 in/hr)
Depth to water table: More than 80 inches
Frequency of flooding: None
Frequency of ponding: None
Calcium carbonate, maximum in profile: 10 percent
Available water storage in profile: Low (about 4.5 inches)
Interpretive groups
Land capability classification (irrigated): 4w
Land capability classification (nonirrigated): 4w
Hydrologic Soil Group: A
Ecological site: Sandy bottomland (R067BY031CO)
USDA Natural Resources Web Soil Survey 10/2/2014
Conservation Service National Cooperative Soil Survey Page 1 of 2
Exhibit I—Attachment 2: Soil Information (Bankard Sandy Loam) (page 2 of 2)
Minor Components
Mollic fluvaquents
Percent of map unit: 9 percent
Landform: Terraces
Blakeland
Percent of map unit: 6 percent
Data Source Information
Soil Survey Area: Weld County, Colorado, Southern Part
Survey Area Data: Version 12, Jan 3, 2014
USDA Natural Resources Web Soil Survey 102/2014
a Conservation Service National Cooperative Soil Survey Page 2 of 2
Exhibit I—Attachment 3: Soil Information(Dacono Clay Loam)(page 1 of 2)
Soils that have profiles that are almost alike make up a soil series. All the soils of
a series have major horizons that are similar in composition, thickness, and
arrangement. Soils of a given series can differ in texture of the surface layer, slope,
stoniness, salinity, degree of erosion, and other characteristics that affect their use.
On the basis of such differences, a soil series is divided into soil phases. Most of
the areas shown on the detailed soil maps are phases of soil series. The name of
a soil phase commonly indicates a feature that affects use or management. For
example, Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series.
Some map units are made up of two or more major soils or miscellaneous areas.
These map units are complexes, associations, or undifferentiated groups.
A complex consists of two or more soils or miscellaneous areas in such an intricate
pattern or in such small areas that they cannot be shown separately on the maps.
The pattern and proportion of the soils or miscellaneous areas are somewhat similar
in all areas. Alpha-Beta complex, 0 to 6 percent slopes, is an example.
An association is made up of two or more geographically associated soils or
miscellaneous areas that are shown as one unit on the maps. Because of present
or anticipated uses of the map units in the survey area, it was not considered
practical or necessary to map the soils or miscellaneous areas separately. The
pattern and relative proportion of the soils or miscellaneous areas are somewhat
similar. Alpha-Beta association, 0 to 2 percent slopes, is an example.
An undifferentiated group is made up of two or more soils or miscellaneous areas
that could be mapped individually but are mapped as one unit because similar
interpretations can be made for use and management.The pattern and proportion
of the soils or miscellaneous areas in a mapped area are not uniform. An area can
be made up of only one of the major soils or miscellaneous areas, or it can be made
up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example.
Some surveys include miscellaneous areas. Such areas have little or no soil
material and support little or no vegetation. Rock outcrop is an example.
Additional information about the map units described in this report is available in
other soil reports,which give properties of the soils and the limitations, capabilities,
and potentials for many uses. Also, the narratives that accompany the soil reports
define some of the properties included in the map unit descriptions.
Weld County, Colorado, Southern Part
22—Dacono clay loam, 1 to 3 percent slopes
Map Unit Setting
National map unit symbol: 361z
Elevation: 4,550 to 4,970 feet
Mean annual precipitation: 14 to 18 inches
Mean annual air temperature: 48 to 52 degrees F
Frost-free period: 140 to 160 days
Farmland classification: Prime farmland if irrigated
Map Unit Composition
Dacono and similar soils: 85 percent
Minor components: 15 percent
USDA Natural Resources Web Sal Survey 10/2/2014
Conservation Service National Cooperative Soil Survey Page 2 of 3
Exhibit I—Attachment 3: Soil Information (Dacono Clay Loam)(page 2 of 2)
Estimates are based on observations, descriptions, and transects of the
map unit.
t.
Description of Dacono
Setting
Landform: Terraces
Down-slope shape: Linear
Across-slope shape: Linear
Parent material: Mixed alluvium
Typical profile
H1 - 0 to 12 inches: clay loam
H2- 12 to 21 inches: clay loam
H3- 21 to 27 inches: clay loam
H4- 27 to 60 inches: very gravelly sand
Properties and qualities
Slope: 1 to 3 percent
Depth to restrictive feature: More than 80 inches
Natural drainage class: Well drained
Runoff class: Low
Capacity of the most limiting layer to transmit water(Ksat):
Moderately high (0.20 to 0.60 in/hr)
Depth to water table: More than 80 inches
Frequency of flooding: None
Frequency of ponding: None
Calcium carbonate, maximum in profile: 15 percent
Salinity, maximum in profile: Nonsaline (0.0 to 2.0 mmhos/cm)
Available water storage in profile: Moderate (about 6.3 inches)
Interpretive groups
Land capability classification (irrigated): 2e
Land capability classification (nonirrigated): 3s
Hydrologic Soil Group: B
Ecological site: Clayey plains (R067BY042CO)
Minor Components
Altvan
Percent of map unit: 9 percent
Nunn
Percent of map unit: 6 percent
Data Source Information
Soil Survey Area: Weld County, Colorado, Southern Part
Survey Area Data: Version 12, Jan 3, 2014
USDA Natural Resources Web Soil Survey 10/2/2014
a Conservation Service National Cooperative Soil Survey Page 3 of 3
Exhibit I—Attachment 4: Soil Information(Vona Sandy Loam)(page 1 of 2)
Soils that have profiles that are almost alike make up a soil series. All the soils of
a series have major horizons that are similar in composition, thickness, and
arrangement. Soils of a given series can differ in texture of the surface layer, slope,
stoniness, salinity, degree of erosion, and other characteristics that affect their use.
On the basis of such differences, a soil series is divided into soil phases. Most of
the areas shown on the detailed soil maps are phases of soil series. The name of
a soil phase commonly indicates a feature that affects use or management. For
example, Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series.
Some map units are made up of two or more major soils or miscellaneous areas.
These map units are complexes, associations, or undifferentiated groups.
A complex consists of two or more soils or miscellaneous areas in such an intricate
pattern or in such small areas that they cannot be shown separately on the maps.
The pattern and proportion of the soils or miscellaneous areas are somewhat similar
in all areas. Alpha-Beta complex, 0 to 6 percent slopes, is an example.
An association is made up of two or more geographically associated soils or
miscellaneous areas that are shown as one unit on the maps. Because of present
or anticipated uses of the map units in the survey area, it was not considered
practical or necessary to map the soils or miscellaneous areas separately. The
pattern and relative proportion of the soils or miscellaneous areas are somewhat
similar. Alpha-Beta association, 0 to 2 percent slopes, is an example.
An undifferentiated group is made up of two or more soils or miscellaneous areas
that could be mapped individually but are mapped as one unit because similar
interpretations can be made for use and management. The pattern and proportion
of the soils or miscellaneous areas in a mapped area are not uniform. An area can
be made up of only one of the major soils or miscellaneous areas, or it can be made
up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example.
Some surveys include miscellaneous areas. Such areas have little or no soil
material and support little or no vegetation. Rock outcrop is an example.
Additional information about the map units described in this report is available in
other soil reports,which give properties of the soils and the limitations, capabilities,
and potentials for many uses. Also, the narratives that accompany the soil reports
define some of the properties included in the map unit descriptions.
Weld County, Colorado, Southern Part
76—Vona sandy loam, 1 to 3 percent slopes
Map Unit Setting
National map unit symbol: 363w
Elevation: 4,600 to 5,200 feet
Mean annual precipitation: 13 to 15 inches
Mean annual air temperature: 48 to 55 degrees F
Frost-free period: 130 to 160 days
Farmland classification: Farmland of statewide importance
Map Unit Composition
Vona and similar soils: 85 percent
Minor components: 15 percent
USDA Natural Resources Web Soil Survey 10/2/2014
a Conservation Service National Cooperative Soil Survey Page 2 of 3
Exhibit I—Attachment 4: Soil Information(Vona Sandy Loam)(page 2 of 2)
Estimates are based on observations, descriptions, and transects of the
mapunit.
Description of Vona
Setting
Landform: Plains, terraces
Down-slope shape: Linear
Across-slope shape: Linear
Parent material: Alluvium and/or eolian deposits
Typical profile
H1 - 0 to 6 inches: sandy loam
H2- 6 to 28 inches: fine sandy loam
H3- 28 to 60 inches: sandy loam
Properties and qualities
Slope: 1 to 3 percent
Depth to restrictive feature: More than 80 inches
Natural drainage class: Well drained
Runoff class: Very low
Capacity of the most limiting layer to transmit water(Ksat): High(1.98
to 6.00 in/hr)
Depth to water table: More than 80 inches
Frequency of flooding: None
Frequency of ponding: None
Calcium carbonate, maximum in profile: 15 percent
Salinity, maximum in profile: Nonsaline to very slightly saline (0.0 to
4.0 mmhos/cm)
Available water storage in profile: Moderate (about 6.8 inches)
Interpretive groups
Land capability classification(irrigated): 3e
Land capability classification(nonirrigated): 4e
Hydrologic Soil Group: B
Ecological site: Sandy plains (R067BY024CO)
Minor Components
Remmit
Percent of map unit: 9 percent
Olney
Percent of map unit: 3 percent
Julesburg
Percent of map unit: 3 percent
Data Source Information
Soil Survey Area: Weld County, Colorado, Southern Part
Survey Area Data: Version 12, Jan 3, 2014
USDA�■ Natural Resources Web Soil Survey 10/2/2014
a
Conservation Service National Cooperative Soil Survey Page 3 of 3
THE NEW CACHE LA POUDRE IRRIGATING COMPANY
THE CACHE LA POUDRE RESERVOIR COMPANY
(970)352-0222
EXHIBIT J
Vegetation Information
The present use of the property is dry land pasture. There is a dry-up covenant on the property; as such,
water is not available for irrigated farming. An area of approximately 13 acres will be disturbed. The area of
disturbance will be reclaimed into an agricultural pond thus carrying capacity, etc. is not relevant. A
reclamation plan is included within these application materials and will be complied with.
33040 Railroad Avenue • P.O. Box 104• Lucerne, Colorado 80646
THE NEW CACHE LA POUDRE IRRIGATING COMPANY
THE CACHE LA POUDRE RESERVOIR COMPANY
(970)352-0222
EXHIBIT K
Climate Information
There are no known significant climatological factors that we are aware of that would affect or be affected
by this project. We are constructing an agricultural pond that is only 9.42 acres (approximately 13 disturbed
acres).
33040 Railroad Avenue • P.O. Box 104 • Lucerne, Colorado 80646
THE NEW CACHE LA POUDRE IRRIGATING COMPANY
THE CACHE LA POUDRE RESERVOIR COMPANY
-- (970)352-0222
EXHIBIT L
Reclamation Costs
The intent of this mining permit is to construct a 9.5 acre agricultural pond (approximately 13 total acres
will be disturbed). The proposed pond will be synthetically lined. The below reclamation costs are
proposed to reclaim the property,without the liner,as practical reclamation by any entity other than the
New Cache La Poudre Irrigating Company would not include a synthetic liner. Further, it is anticipated
that all work will be done above any groundwater so no water management or augmentation will be
required.
Reclamation costs will include those necessary for reshaping and reseeding the property. No work will be
done in the flood plain.
Estimated reclamation costs are as follows:
Task Qty Unit Unit Cost Extended Cost
Shape Disturbed Area 13 acres2 000.0026 000.00
p $ $ ,
Replace Topsoil (stored on-site) 6000 CY $ 2.00 $ 12,000.00
Seeding (dryland mix seed, cost and drilling) 13 acres $ 80.00 $ 1,040.00
Weed Control 13 acres $40.00 $ 520.00
Total $39,560.00
33040 Railroad Avenue • P.O. Box 104• Lucerne, Colorado 80646
THE NEW CACHE LA POUDRE IRRIGATING COMPANY
THE CACHE LA POUDRE RESERVOIR COMPANY
(970)352-0222
EXHIBIT M
Other Permits and Licenses
1. The construction of an agricultural pond is a "use by right" in Weld County,therefore no special use
permit is required.
2. Grading and access permits have been obtained from Weld County.
3. A stormwater discharge permit has been obtained from the Colorado Department of Public Health &
Environment.
4. No other permits(emissions, etc.) are required for this activity.
33040 Railroad Avenue • P.O. Box 104• Lucerne, Colorado 80646
THE NEW CACHE LA POUDRE IRRIGATING COMPANY
THE CACHE LA POUDRE RESERVOIR COMPANY
(970)352-0222
EXHIBIT N
Source of Legal Right-to-Enter
Property owner,Wagistics, LLC, has full legal rights to enter, and extends such rights to applicant.
See attached letter.
33040 Railroad Avenue • P.O. Box 104• Lucerne, Colorado 80646
Wagistics, LLC
14339 County Road 74
Eaton, Colorado 80615
970-590-5551
January 8, 2015
Division of Reclamation, Mining and Safety
Department of Natural Resources
1313 Sherman St., Room 215
Denver, CO 80203
To whom it may concern:
I am the Managing Partner of Wagistics, LLC. Wagistics, LLC, is the owner of the
property located in the SW4, Section 6, Township 5 North, Range 64 West, 6th P.M; Lot
B of Recorded Exemption No. 0963-6-3 RECX 14-0049, in which the New Cache La
Poudre Irrigating Company (NCLPIC) is applying for a mining permit. The NCLPIC has
my permission to seek the permit and mine the property.
Note: The NCLPIC has a purchase contract on this property. They are scheduled to
purchase it on April 16, 2015. The sale of the property shall have no bearing on this
permit.
Please do not hesitate to contact me should you have any questions.
Since JJ
/add £ e9
maw« ter
Todd Bean
Manager
Wagistics, LLC
THE NEW CACHE LA POUDRE IRRIGATING COMPANY
THE CACHE LA POUDRE RESERVOIR COMPANY
(970)352-0222
EXHIBIT O
Owners of Record of Affected Land (Surface Area)
and Owners of Substance to be Mined
Owners of Record of Affected Land:
Wagistics, LLC
c/o Todd Bean
14339 CR 74
Eaton, Colorado 80615
970-590-5551
Owners of Substance to be Mined:
Wagistics, LLC
c/o Todd Bean
14339 CR 74
Eaton, Colorado 80615
970-590-5551
33040 Railroad Avenue • P.O. Box 104 • Lucerne, Colorado 80646
THE NEW CACHE LA POUDRE IRRIGATING COMPANY
THE CACHE LA POUDRE RESERVOIR COMPANY
(970)352-0222
� I
EXHIBIT P
Municipalities Within Two Miles
The City of Greeley, Colorado is the only municipality within a two-mile radius of project site.
33040 Railroad Avenue • P.O. Box 104 • Lucerne, Colorado 80646
THE NEW CACHE LA POUDRE IRRIGATING COMPANY
THE CACHE LA POUDRE RESERVOIR COMPANY
(970)352-0222
EXHIBIT Q
Proof of Mailing of Notices to County Commissioners
and Conservation District
Attachments:
1. Receipt from Board of Weld County Commissioners as Proof of Delivery of Notice
2. Receipt from Soil Conservation District as Proof of Delivery of Notice
33040 Railroad Avenue• P.O. Box 104•Lucerne, Colorado 80646
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR(1121 CONSTRUCTION MATERIALS EXTRACTION OPERATION
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
Weld COUNTY
New Cache La Poudre Irrigating Company (the"Applicant/Operator")has applied for a Regular(112)reclamation
permit from the Colorado Mined Land Reclamation Board(the"Board")to conduct the extraction of construction materials
operations in Weld County. The attached information is being provided to notify you of the
location and nature of the proposed operation. The entire application is on file with the Division of Reclamation,Mining,and
Safety(the"Division")and the local county clerk and recorder.
The applicant/operator proposes to reclaim the affected land to developed water resources use. Pursuant to
Section 34-32.5-116(4)(m),C.R.S.,the Board may confer with the local Board of County Commissioners before approving of
the post-mining land use. Accordingly,the Board would appreciate your comments on the proposed operation. Please note
that,in order to preserve your right to a hearing before the Board on this application,you must submit written comments on the
application within twenty(20)days of the date of last publication of notice pursuant to Section 34-32.5-112(10),C.R.S.
If you would like to discuss the proposed post-mining land use,or any other issue regarding this application,please contact the
Division of Reclamation,Mining,and Safety, 1313 Sherman Street,Room 215,Denver,Colorado 80203,(303)866-3567.
NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of a
change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate
description of the change.
I acknowledge receipt of the above referenced Construction Material Regular(112) Operation Reclamation Permit
Application,from New Cache La Poudre Irrigating Company, which was hand delivered on this day of January,
2015.
Signature
Title
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR(1121 CONSTRUCTION MATERIALS EXTRACTION OPERATION
NOTICE TO THE BOARD OF SUPERVISORS
OF THE LOCAL CONSERVATION DISTRICT
West Greeley Soil Conservation DISTRICT
New Cache La Poudre Irrigating Company (the"Applicant/Operator")has applied fora Regular(112)reclamation permit
from the Colorado Mined Land Reclamation Board(the"Board")to conduct the extraction of construction materials operations
in Weld County. The attached information is being provided to notify you of the
location and nature of the proposed operation. The entire application is on file with the Division of Reclamation,Mining,and
Safety(the"Division")and the local county clerk and recorder.
The applicant/operator proposes to reclaim the affected land to developed water resources use. Pursuant to
Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Conservation Districts before approving of the
post-mining land use. Accordingly,the Board would appreciate your comments on the proposed operation. Please note that,
in order to preserve your right to a hearing before the Board on this application,you must submit written comments on the
application within twenty(20)days of the date of last publication of notice pursuant to Section 34-32.5-112(10),C.R.S.
If you would like to discuss the proposed post-mining land use,or any other issue regarding this application,please contact the
Division of Reclamation, Mining,and Safety, 1313 Sherman Street,Room 215,Denver,Colorado 80203,(303)866-3567.
NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of a
change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate
description of the change.
I acknowledge receipt of the above referenced Construction Material Regular(112) Operation Reclamation Permit
Application,from New Cache La Poudre Irrigating Company,which was hand delivered on this day of January,
2015.
Signature
Title
THE NEW CACHE LA POUDRE IRRIGATING COMPANY
THE CACHE LA POUDRE RESERVOIR COMPANY
(970)352-0222
EXHIBIT R
Proof of Filing with County Clerk or Recorder
See Attachment.
33040 Railroad Avenue• P.O. Box 104•Lucerne, Colorado 80646
THE NEW CACHE LA POUDRE IRRIGATING COMPANY
THE CACHE LA POUDRE RESERVOIR COMPANY
(970)352-0222
January 13,2015
Weld County Clerk and Recorder
1402 N. 17th Ave.
Greeley,CO 80631
RE: Construction Material Regular(112)Operation Reclamation Permit Application
Dear Weld County Clerk and Recorder
The New Cache La Poudre Irrigating Company has filed an application with the Division of Reclamation, Mining,
and Safety to mine a property within Weld County, for the purpose of constructing an augmentation pond.
Prior to filing the application we are required to place a copy of the application with the Clerk and Recorder's office
for public viewing. We have posted a notice(sign)at the proposed site and indicated your address as the location
where application may be viewed.
This copy of the application should not be recorded. We are requesting that it be retained in your offices for at least
120 days and be available for inspection by the public. After 120 days,the application may be destroyed.
Thank you in advance for your cooperation concerning these matters. Should you have any questions, please feel
free to contact me at(970)352-0222.
Sincerely,
Dale Trowbridge
General Manager
I acknowledge receipt of the above referenced Construction Material Regular(112)Operation Reclamation Permit
Application and will make it available for public viewing.
Signature Date
Title
33040 Railroad Avenue • P.O. Box 104 • Lucerne, Colorado 80646
THE NEW CACHE LA POUDRE IRRIGATING COMPANY
THE CACHE LA POUDRE RESERVOIR COMPANY
(970)352-0222
EXHIBIT S
Permanent Man-Made Structures
Agreements with owners of permanent man-made structures with 200 feet of affected land will be
submitted within the 90 day review process.
33040 Railroad Avenue• P.O. Box 104• Lucerne, Colorado 80646
THE NEW CACHE LA POUDRE IRRIGATING COMPANY
THE CACHE LA POUDRE RESERVOIR COMPANY
(970)352-0222
ADDENDUM 1
Notice Requirements
See attached:
1. Notice Certification
2. Picture of Posted Notice Sign
3. Public Notice
33040 Railroad Avenue • P.O. Box 104• Lucerne, Colorado 80646
THE NEW CACHE LA POUDRE IRRIGATING COMPANY
THE CACHE LA POUDRE RESERVOIR COMPANY
(970)352-0222
NOTICE
This site is the location of a proposed construction materials operation. New Cache La Poudre Irrigating
Company, whose address and phone number is 33040 Railroad Avenue, Lucerne,CO 80646, (970) 352-0222,
has applied for a Regular 112 Operation Reclamation Permit with the Colorado Mined Land Reclamation
Board,for the purpose of constructing an augmentation pond. Anyone wishing to comment on the
application may view the application at the Weld County Clerk and Recorder's office, 1402 N. 17th Avenue,
Greeley,CO,and should send comments prior to the end of the public comment period to the Division of
Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, CO 80203.
Certification:
I, Dale Trowbridge, hereby certify that I posted a sign containing the above notice for the proposed permit
area known as the New Cache Agricultural Pond 1 on January 9, 2015.
Souk I-d 15
Signature Date
33040 Railroad Avenue • P.O. Box 104• Lucerne, Colorado 80646
Addendum 1 — Attachment 2 : Picture of Posted Notice Sign
NOTICE
d p
- This site is the for
of a proposed posed construction
materials operation. ��� �.�w Cache Lap
Company , whose address and phone °udre Irrlgatlnq
ailroad Ave. , Lucerne, CO 8O646 number is 33040
970-352 0222, has
applied for a Regular 112 Operation Reclamation Permit
with the Colorado Mined Land Reclamation Board
, for the
purpose of constructing an augmentation pond. Anyone
wishing to comment on the application may view the •
application at the Weld County Clerk and Recorder's
office, 1402 N . 17th Ave., Greeley, CO, 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, CO 80203
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THE NEW CACHE LA POUDRE IRRIGATING COMPANY
THE CACHE LA POUDRE RESERVOIR COMPANY
(970)352-0222
PUBLIC NOTICE
The New Cache La Poudre Irrigating Company; is 33040 Railroad Avenue, Lucerne, CO 80646, (970) 352-
0222, has filed an application for a Regular(112) Construction Materials Operation Reclamation Permit with
the Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the
Extraction of Construction Materials. The proposed mine is known as the (Name of the Mine) , and is
located at or near Section 06,Township OSN, Range 64W.
The proposed date of commencement is May 1, 2015, and the proposed date of completion is April 30,
2017.The proposed future use of the land is as an augmentation pond.Additional information and tentative
decision date may be obtained from the Division of Reclamation, Mining, and Safety, 1313 Sherman Street,
Room 215, Denver, Colorado 80203, (303) 866-3567, or at the Weld County Clerk and Recorder's office,
1402 N. 17`"Ave., Greeley, CO 80631, or the above-named applicant.
Comments must be in writing and must be received by the Division of Reclamation, Mining, and Safety by
4:00 p.m.on
33040 Railroad Avenue• P.O. Box 104 • Lucerne, Colorado 80646
Hello