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Home My WebLink About20142079.tiff PUBLIC WORKS DEPARTMENT 18f)1 1111 H STREET, P.O. BOX 758 1 ' ' _ ,I GREELEY, COLORADO 80632 WEBSITE: WWW.CO.WELD.CO.US r '' PHONE: (970) 304-6496 1 Go N T �,� FAX: (970) 304-6497 July 9, 2014 Division of Reclamation Mining & Safety RECEIVED Attention: Peter Hays 1313 Sherman Street, Room 215 JUL 0 9 2014 � Denver, CO 80203 y` WELD COUNTY ' Re: M-2014-024 Adequacy Review Responses COMMISSIONERS _� 3 Dear Mr. Hays: Enclosed please find two copies of the information requested in your letter dated July 1, 2014. Comment 1: "As required by Rule 1.6.2(d) and 1.6.5(2), please submit proof of publication in a newspaper of general circulation in the locality of the proposed mining operation." Response 1: Please see the certified copy showing that publication occurred in the Greeley Tribune. Comment 2: "As required by Rule 1.6.2(e), please submit proof of notice to all owners of record of surface and mineral rights of the affected land and the owners of record of all land surface within 200 feet of the boundary of the affected land including all easement holders located on the affected land and within 200 feet of the boundary of the affected land. Proof of notice may be return receipts of a Certified Mailing or by proof of personal service." Response 2: Please see the attached copies of certified mailing receipts. All owners of record within 200 feet of the boundary have been notified. Comment 2a: "During the pre-operational inspection, a phone line utility pedestal was observed in the northwest corner of the proposed mine site. The applicant must notify the phone line utility owner, provide proof of notice and allow the utility owner 20 days to submit comments to the Division, per Rule 1.6.2(f). Response 2a: A copy of the publication notice was sent to the utility owner on July 1, 2014. The publication notice stated that the utility owner could provide comments to the Division until July 20, 2014. A copy of the certified mailing receipt is attached. Comment 3: "The Division received comments from History Colorado and Colorado Division of Water Resources. The letters are attached for review. Please address the comments noted in the letters and make any changes to the application as necessary." Response 3: The letter received from History Colorado did not have any comments that needed to be addressed. The letter indicated that there were no known cultural resources in the vicinity of the proposed project. If human remains are found during the mining process, Weld County M:\Mining\Koskie\DRMS Application\Adequacy Review Response 7-9-14.docx 2014-2079 4 • b11 C� Rai)t0• et "1 t-lrnm1mnW) (O LP -1- I - Gant/ '7'IO aol'{ acknowledges that the requirements of State Law C.R.S. 24-80(Part 13) will apply. Furthermore, Weld County acknowledges that the requirements will be followed. The letter from the Colorado Division of Water Resources states that stormwater intercepted by the mine must be released within 72 hours. Weld County acknowledges that any stormwater captured by the mine will be released within 72 hours. Exhibit G has been updated and is attached. Comment 4: As required by Rule 6.2.1(2)(b) the Pre-Mining and Mining Plan Maps must be prepared and signed by a registered land surveyor, professional engineer, or other qualified person. Please update Exhibits C1 and C2 accordingly." Response 4: Exhibits C1 and C2 have been updated and are attached. Comment 5: "As required by Rule 6.2.1(2)(c) the Pre-Mining and Mining Plan Maps must indicate the date prepared. Please update Exhibits Cl and C2 accordingly" Response 5: Exhibits C1 and C2 have been updated and are attached. Comment 6: "During the pre-operational inspection, a phone line utility pedestal was observed in the northwest corner of the proposed mine site. The pedestal indicated a buried phone line along WCR 120. It is not clear if the phone line ended at the pedestal or continued along the south side of WCR 120. The phone line was identified by the Applicant n Exhibit C. Please update Exhibit C to indicate the location and owner of the phone line. Response 6: Exhibit C1 has been updated and is attached. Comment 7: "Please update Exhibit C to indicate the owner of the western and northern permit boundary fences." Response 7: Exhibit C1 has been updated and is attached. Comment 8: "Please update Exhibit C to indicate the location and owner of the stock water well mentioned in Exhibit D—Mining Plan. Response 8: The location of the stock water well was shown on and identified in the legend on Exhibit C1 with the original application. Exhibit C1 has been updated to show the owner of the stock water well and is attached. Comment 9: "The Applicant states gravel extraction and processing will be seasonal. Please state if the Division should consider the site an "intermittent operation"as defined in C.R.S. 34- 32.5-103(11)(b)." Response 9: Exhibit D has been updated to address this question. Weld County does not believe that this facility will be an intermittent operation. While excavation and processing is expected to be seasonal in nature, hauling from the material stockpiles will occur year round. Weld County does not expect activity to stop at the site for more than 180 days. P Comment 10: "Please provide the nature of the stratum immediately beneath the material to be mined in sedimentary deposits, per Rule 6.4.4(t). Response 10: Alluvium materials similar to the material being mined are located beneath the material to be mined. The water table is approximately 2 feet below the level to which Weld County will mine. To prevent the exposure of ground water, Weld County will not mine the alluvium materials located beneath the material to be mined. Exhibit D has been updated and is attached. M:\Mining\Koskie\DRMS Application.Adequacy Review Response 7-9-14.docx Page 2 of 4 Comment 11: "The Applicant refers to information contained on the mine plan map (Exhibit D) in sections "e'; "f° "g"; and "m" of the Mining Plan. The Division did not receive an Exhibit D map. If the Applicant intended to refer to Exhibit C2, please update the reference in the Mining Plan and update Exhibit C2 to include the stated information or provide Exhibit D." Response 11: The Mining Plan has been updated to reference Exhibit C2. Comment 12: "The applicant states in order to avoid exposing groundwater, the pit excavation will not be deeper than approximately 15 feet. Please commit to staying a minimum of two (2) feet above the groundwater elevation." Response 12: Exhibit D, Section K has been updated to address this concern. Comment 13: "The applicant refers to the Weld County Weed Control requirements in section "e" of the Reclamation Plan. Please submit a copy of the Weld County Weed Control requirements or Noxious Weed Management Plan with the following information: a. A list of potential noxious weed species (target species). b. The control methods and treatment window for each target species. c. A monitoring plan and follow-up plan for the site (i.e. when the "local weed control expert" will inspect the property during the year and how follow-up treatments will be implemented following the inspection.)" Response 13: Section "f' of the Reclamation Plan has been updated to include the requested information and is attached. Comment 14: "Per Rule 6.4.5(2)(f), please include the following information in the Reclamation Plan: a. Seeding — specify types, mixtures, quantities, and expected times of seeding and planting b. Fertilization— specify types, mixtures, quantities, and time of application c. Re vegetation—specify types of trees, shrubs, quantities, size, and location d. Topsoiling— specify anticipated minimum depth or rand of depths for those areas where topsoil will be replaced. Response 14: Section "e" of the Reclamation Plan has been updated to include the requested information and is attached. Comment 15: "The Applicant states mulch application may be concurrent with seeding. Please provide the proposed rate of mulch application in tons per acre." Response 15: Section "e" of the Reclamation Plan has been updated to include the requested information and is attached. Comment 16: "As required by Rule 6.2.1(2)(b) the Reclamation Plan Map must be prepared and signed by a registered land surveyor, professional engineer, or other qualified person. Please update Exhibit F accordingly." Response 16: Exhibit F has been updated as requested and is attached. Comment 17: "As required by Rule 6.2.1(2)(c) the Reclamation Plan Map must indicate the date prepared. Please update Exhibit F accordingly." Response 17: Exhibit F has been updated as requested and is attached. Comment 18: "Please provide an affidavit or receipt indicating the date on which the revised application information required to address this adequacy letter was placed with the local County Clerk and Recorder for public review, pursuant to Subparagraph 1.6.2(1)(c)." M:UAining Koskie\DRMS Application\dequacy Review Response 7-9-14.docx Page 3 of 4 Response 18: A copy of the receipt indicating the date on which the revised application information was submitted to the County Clerk and Recorder is attached. Comment 19: "Please provided the Division evidence the Applicant attempted to obtain notarized structure agreements, typically a certified mail receipt, with all owners of the structures on and within 200 feet of the affected area of the site or comply with one of the provisions of Rule 6.4.19." Response 19: A copy of the notarized structures agreement is attached for the structures (fences and stock water well) owned by Scott Koskie. Weld County is the owner of CR Road 120 and the fence north of CR 120. Weld County does not believe that they need to sign a structures agreement with themselves. The Nunn Telephone Company has been sent a copy of the public notice and a copy of the structures agreement. Proof of mailing is attached. Please call with any questions. Sincerely, 41, Clay Kimmi, P.E., CFM Weld County Public Works Original: Division of Reclamation Mining&Safety CC to File: Koskie Mine File M:\Mining\Koskie\DRMS Application\Adequacy Review Response 7-9-14.docx Page 4 of 4 EXHIBIT C - Pre-Mining and Mining Plan Maps of Affected Lands See the enclosed Exhibit C map. M:\Mining\Koskie\DRMS Application UCoskie Application Exhibits 7-9-14.doc 7/9/2014 kb .O1 /� Pe 1 --.: — ) ' O • n \\( 1 lk) I— • •1,22.7jete# le f� -' . ''• r . • r • rr co s O ii:pa C N a I ' Iq N. i 10 to O E N ill i ,,,..,.,„ , , U _ N no cm CD 11111 Icii .. .c Y Q E W a) -._ ca w r _ rut E CT } • co iii.. k id _ 8 � Y O - +-, O >` c O O Q S i Y - l" ,e r N a) a) AlaiN a� a) o o - Q + caca) caa2 0_ as .05-- (,)! ! v i j a — 44110w- • - "CD (13 -in c ,_ illei a ' A, Li, E can o ^` m'^ a) a)A . if i O - t .a."..-- 92 L O I o "- a o Y Z < A Y I.... O CtS a) WIIIIIII" Ils ------..... ...„,/e- 03 a) -- C a) s IQ i E I %. 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Air' a re, -o . :. iT - Sh �,.fa: -yam, i = 0 o m ,.�se it it 2r.s.s.„..j. .m.ist. r. "sr , • ► �� IS cry a) CD ' O s ail rr a s a) a /eV.'" - "." 7:3 mela I raj � � a. m � -a �6^o n M Q m o CD RS RS II O O J m dic R5 I _A o a) o o ° _ (n co a_ •= 13 c o > CD . :,y n a) a) a a o ° C) cc- a 0oa) . 22 or- zcc J a is EXHIBIT D -Mining Plan a) It is anticipated that sand and gravel excavation,processing(rock crushing and screening),and stockpiling at the Koskie site will commence upon receipt of approval from the Colorado Division of Mining and Geology and receipt of other necessary permits. Gravel excavation and processing will be seasonal with stockpiling of gravel for later County uses depending upon the local road repair and construction needs. While gravel excavation and processing is expected to be seasonal,it is anticipated that the material stockpiles will be hauled out of the site year round. The Koskie site should not be considered an intermittent operation. b) Excavation and stockpiling volumes are anticipated to be approximately 100,000 tons per year. The Koskie site likely has only 10 years or less of gravel and sand reserves. Approximately 30 acres(15 acres for stockpiling and processing and 15 acres for mining)will be disturbed during the initial phase of the mining operation. The area will be stripped so that the crushing and screen plants can be set up on the west end of the permitted area. Mining will start on the east end of the permitted area and progress to the west. It is anticipated that mining will be done using excavators, front end loaders, dozers, scrapers, and haul trucks. c) Topsoil thicknesses at the Koskie site are thin,typically less than 12(twelve)inches. Topsoil will be stockpiled at the location shown on the mine plan map(see Exhibit C2). The topsoil piles will be seeded to prevent erosion and loss of soil. d) The gravel deposits proposed to be mined are stream channel deposits associated with Lone Tree Creek, an ephemeral stream that is located approximately%z mile to the east of the Koskie site. Therefore,the thickness of overburden to be removed during gravel extraction is expected to be minimal. Minimal stockpiling of overburden is anticipated. Mined soils unsuitable for construction use will be separated from the mined gravels and may be stockpiled at the site. These soil stockpiles will be utilized for excavation backfill and site reclamation. e) The estimated thickness of gravel-bearing zones varies from between 0 and 15 feet thick at the Koskie site. No high wall mining is anticipated. f) Alluvium materials similar to the material being mined are located beneath the material to be mined. The water table is approximately 2 feet below the level to which Weld County will mine. To prevent the exposure of ground water, Weld County will not mine the alluvium materials located beneath the material to be mined. g) The enclosed mine plan map (Exhibit C2) shows the proposed locations for the haul road, gravel processing (crusher location), soil and gravel product stockpile areas. h) The dimensions of any significant disturbances are shown on the mine plan map as `limit of gravel mining area' and the gravel processing and soil stockpiling areas(see Exhibit C2). i) Weld County Road 120 extends east-west along the north edge of the Koskie site(see Exhibit C2). The gravel excavation and processing areas will be accessed from that county road. j) The Koskie property is located approximately Yz mile west of Lone Tree Creek which is an intermittent stream that is typically dry most months of the year. There are no irrigation structures or surface water impoundments existing or planned at the site. There is one well that is used for stock watering within 200 feet of the mine permit area. Water needs for gravel mining and processing operations are expected to minimal;water for dust control can be obtained and hauled from existing County-owned wells that have been decreed for the appropriate uses. Water from the nearby well will not be used for any County operations. Water used in mining and crushing operations and for dust control is estimated to not exceed approximately 4000 gallons per month during those operations. M:\Mining\Koskie\DRMS Application\Koskie Application Exhibits 7-9-14.doc 7/9/2014 k) Test pitting performed at the Koskie site shows that groundwater is deeper than approximately 15 feet;therefore, it is anticipated that no groundwater will be encountered at the site. In order to avoid exposing groundwater and to facilitate surface water drainage out of the pit,the pit excavation will not be deeper than approximately 15 feet which will be slightly higher than the bench terrace located directly east of and adjacent to the Koskie site. Weld County will ensure that groundwater is not exposed by staying a minimum of two feet above groundwater. According to information obtained from the State Engineer's Office, the Koskie site is not located within a designated groundwater basin. 1) It is anticipated that sand and gravel excavation, crushing, and stockpiling at the Koskie site will not disturb surface water or ground water quality. Erosion control measures(Best Management Practices)will be installed along the perimeter of disturbed areas and at the east margin of the site to protect the adjacent intermittent creek area from mined area runoff and sediment. A Colorado Department of Public Health and Environment Stormwater Construction Permit will be obtained prior to the start of mining operations. m) Any onsite generated trash will be collected in an on-site dumpster and disposed at the County landfill. No chemicals are anticipated to be utilized at the site. n) Best Management Practices, including berms, silt fencing, and straw bales erosion control measures will be installed along the east end of the Koskie site to protect the adjacent intermittent creek area from mined area runoff and sediment. Open excavations are not anticipated to be over 15 feet deep, MSHA approved open excavation and fall protection safety measures including fencing and berms will be installed as needed. During and following mining, side slopes to the pit will be graded for stability and will be re-vegetated as needed to meet the reclamation plan. o) A mobile rock crusher and screen plant will be installed in the "gravel processing" location shown on the enclosed mine plan map(Exhibit C2)during intermittent crushing operations. It is anticipated that the crusher and other equipment will be re-located to other County-operated gravel processing sites for the majority of any year. p) No secondary commodities are anticipated to be extracted or produced at the Koskie site. No asphalt plant or concrete batch plant is planned for the Koskie site. q) Gravel and sand extracted from the Koskie site will be utilized by Weld County Public Works Department for repair and maintenance of local County roads and other County construction projects. Soils and mined materials unsuitable for road construction may be stockpiled at the site. These soil stockpiles may be utilized for excavation backfill and site reclamation on County-operated projects. This is a County-operated gravel pit;no commercial gravel and sand sales are anticipated. M:N4ining\Koskie\DRMS Application\Koskie Application Exhibits 7-9-14.doc 7/9/2014 EXHIBIT E - Reclamation Plan a) The pre-mining land use is non-irrigated cropland. The perimeter of the fields(approximately 15 feet from fence lines)can be classified as rangeland since it is vegetated with a native grasses. The landowner currently follows a rotation of planting 1/3 of the mining area with winter wheat, 1/3 of the mining area with sudan,and 1/3 of the mining are is left in summer fallow. According to crop insurance records provided by the landowner, the average yield for the period between 2004 and 2013 for winter wheat was 15 bushels/ac. The average yield for the sudan during the same period was I to 2 tons/ac for use as cattle feed. b) The post-mining land use will be non-irrigated cropland with the expectation that the owner will follow the same pre-mining crop rotation.The proposed post-mining land use is consistent with the surrounding land uses. The property to the north of the permit area has been mined and converted to rangeland,the property to the east is utilized for rangeland, the property to the west is rangeland and cropland, and the unmined portion of the property on which this permit application is submitted for is utilized as cropland. c) Reclaimed slopes will be graded at a maximum of four to one(4:1)horizontal to vertical. The portions of the mine permit area that are to be returned to cropland will be graded so they can be traversed with farm equipment. d) Site reclamation will be sequential as mined areas are completed. Sand and gravel excavation, crushing,and stockpiling at the Koskie site will commence upon receipt of approval from the Colorado Division of Minerals and Geology. Rock excavation and crushing will be seasonal with stockpiling of gravel for later uses depending upon the local road repair and construction needs. Topsoil stockpiled at the site will be utilized for reclamation following cessation of gravel excavation/mining. The pit will be graded so that any stormwater will be directed along its historical flow path towards Lone Tree Creek. See Exhibit F. e) Reclaimed areas will be stabilized by: i) Concurrent regrading on areas of the site where excavation has been completed. ii) Replacement of topsoil in thicknesses equal to or exceeding(minimum 6 inches)the original topsoil depths found at the site. iii) Disturbed areas that are to be returned to cropland will be reclaimed with the crops that were grown previous to the mining activity(winter wheat and sudan). iv) Disturbed areas outside of the fields will be reclaimed with a native grass mixture. The proposed seed mix for the disturbed areas outside of the fields is: Buffalo grass(Buchloe dacyloides) 4.5 lbs PLS/ac Blue grama(Bouteloua gracilis) 3 lbs PLS/ac Sideoats grama(Bouteloua curtipendula) 2 lbs PLS/ac Green needlegrass 1 lbs PLS/ac Switchgrass(Panicum virgatum) 1 lbs PLS/ac Little Bluestem(Schizachyrium scoparium) 1 lbs PLS/ac Western wheatgrass(Pascopyrum smithii) 1.5 lbs PLS/ac Total: 14 lbs PLS/ac v) Seeding of the disturbed areas outside of those areas that are to be returned to cropland will be between December 1 and May 1. vi) Depending on ambient conditions,the application method for those areas being seeded may be hand broadcast,hyrdoseeded,or drilled and crimped. Mulch application at the rate of 2 tons/ac may be concurrent with seeding. Mulch may include hay,straw and tackifer. All hay or straw mulch shall be certified noxious weed free grass hay or crop straw. At least 70% of the mulch by weight shall be 10 inches or more in length. Mulch shall not contain any noxious weeds,mold,must,cake,or decay. Straw mulch shall not contain excessive viable grain(wheat,barley, or oat seed.) vii) Fertilizers will not be used in the disturbed areas outside of the areas to be returned to cropland. The farmer may apply fertilizers to those areas that are to be returned to M:\Mining\Koskie\DRMS ApplicationUCaskie Application Exhibits 7-9-14.doc 7/9/2014 cropland. Weld County will have no control over the amount of fertilizer that may be added to the cropland. viii) No trees, shrubs, or forbs will be planted. f) Noxious weeds on the site will be controlled by Weld County. Noxious weeds are Canada thistle, field bindweed,and Dalmation toadflax. i. Canada thistle will be sprayed with Milestone at 7 ozlac or Perspective at 5 oz/ac when the plant is 6 to 10 inches tall up to the bud stage and/or in the fall as needed. ii. Field bindweed will be sprayed with Perspective at 5 oz/ac or Tordon 22K and 2,4D each at 32 oz/ac when the plant is in the flower stage and/or in the fall as needed. iii. Dalmatian toadflax will be sprayed with Plateau at 8 oz/ac and Telar at 2 oz/ac in the early flower stage and/or in the fall as needed. iv. If needed, one or two mowing treatments per year may be utilized to help suppress other vegetation that may compete with grass establishment in the disturbed areas outside of the areas that are returned to cropland. v. The property will be monitored once a month from May through October,providing adequate time to implement the spraying program as described above. g) The reclaimed Koskie site is not anticipated to encounter groundwater or surface water and will have no ponds. The mining area access road may be left in place following cessation of mining. h) Reconnaissance of the Koskie site indicates that the thickness of overburden to be removed during gravel extraction is minimal. Therefore stockpiling of overburden piles is not anticipated. Soils and waste rock unsuitable for construction materials will be separated from the gravels and may be stockpiled at the site. These soil stockpiles will be utilized for excavation backfill and site reclamation. i) Reclamation,backfill, and seeding estimated costs: Under$60,000. M:\Mining\Koskie\DRMS Application\Koskie Application Exhibits 7-9-14.doc 7/9/2014 EXHIBIT F - Reclamation Plan Map See the attached mine reclamation map(Exhibit F) showing the proposed final re-grading of all disturbed areas. 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I O O CO =IL _ t c, S o j ) 0 C N U O 12 o ll : . • 4. 4 • II O ' i 03 i CD (° ' 2 N N II CO W - - • Q N _� • +� Q O _ -I - O C C U f a) U Q- Q v lip ,-, O - F-O N \\ � fyIY ! UU \ I lirp EXHIBIT G -Water Information a) Test pitting performed at the Koskie site shows that groundwater is deeper than approximately 15 feet; therefore, it is anticipated that no groundwater will be encountered at the site. In order to avoid exposing groundwater and to facilitate surface water drainage out of the pit,the pit excavation will not be deeper than approximately 15 feet which will be slightly higher than the bench terrace located directly east of and adjacent to the Koskie site. Weld County will stay approximately 2 feet above the groundwater elevation in order to prevent the exposure of groundwater. According to information obtained from the State Engineer's Office, the Koskie site is not located within a designated groundwater basin. b) There are no FEMA-designated floodplains or floodways on the portion of the Koskie site which is proposed for mining activities. c) There are no existing or planned surface water impoundments at the Koskie site. Water needs for gravel mining and processing operations are expected to minimal; water for dust control can be obtained and hauled from County-owned wells which have been permitted for such purposes. It is anticipated that less than 4,000 gallons of water per year will be necessary for dust control purposes. No water is anticipated to be used during the mining or reclamation phases. d) There are no irrigation structures on the Koskie property. e) There is one well, Well Permit No. 293366, which is located on the property but outside of the mine permit area. According to the well permit, the well is used for livestock watering and has a pumping rate of 2 gallons per minute(gpm). The well is pumped via a windmill and the water is stored in a water tank. Mining is not expected to impact the well or the water supply because groundwater will not be intercepted. Furthermore,the well and windmill will be covered under a structures agreement. t) Since groundwater will not be encountered, there will be no need for dewatering the site. Any stormwater that falls on the site will be directed east along its historical flow path towards Lone Tree Creek. A CDPHE Stormwater Construction permit will be obtained for this site and best management practices will prevent the migration of sediment or other pollutants off-site. g) The mining operation is not expected to impound stormwater. The mining area will be bermed to divert stormwater around the permit area and prevent any stormwater from running into the pit. Any stormwater falling directly into the pit will be diverted and released back to the stream within 72 hours in order to comply with State of Colorado water law. M:4 Mining\Koskie\DRMS Application\Koskie Application Exhibits 7-9.14.doc 7/9/2014 EXHIBIT R—Proof of Filing with the Weld County Clerk and Recorder Please see the attached. EXHIBIT S—Permanent Man-Made Structures Weld County Road 120,a County-maintained graded gravel road extends east-west along the north property line of the Koskie site. Visual reconnaissance of the proposed gravel excavation and gravel processing areas shows one livestock water well and windmill, a fence on the north side of the site,and a fence on the east side of the property. The livestock water well and fences are owned by Scott Koskie. Weld County owns and maintains CR 120. A Structure Agreement with Scott Koskie will be provided. Since CR 120 is owned and maintained by Weld County, a structure agreement is not needed. The Nunn Telephone Company has been sent a copy of the structure agreement via certified mail. A copy of the return receipt is included. BOARD OF COUNTY COMMISSIONERS "�• 186t 1150 O STREET \LT? �,� r �i �\ P.O. BOX 758 u_. GREELEY, COLORADO 80632 C►"'ii v ) PHONE: 970-336-7204 COU FAX: 97Q-352-0242 � � TY March 27, 2014 Scott Koskie 14570 N. County Road Wellington, Colorado 80549 Re: Agreement for Compensation for Damage to Structures within 200 Feet of Mining Activities Dear Mr. Koskie: On October 30, 2013, the Board of County Commissioners of Weld County approved and authorized the Chairman's signature on a document entitled, "Right to Enter Agreement to Obtain Soil and/or Gravel for Road Purposes,"with you being listed as the"Owner"in the Agreement. The property is: East I/2 of Section 12,Township 10 North, Range 67 West of the 61h P.M., Weld County,Colorado ("the Property"). Weld County is currently applying for a permit from the State of Colorado, Division of Reclamation, Mining, and Safety("DRMS"), to mine the property. The DRMS permit application requires the submittal of an agreement between the prospective permit holder and owners of structures located within 200 feet of the proposed area to be mined, agreeing to provide compensation to the owners if the mining causes any damages to the structures. Clay Kimmi, Senior Engineer for Weld County, has informed me that the County's mining operations on the Property will come within approximately 30 feet of the fence lines on the north and west sides of the mine permit area,and within approximately 50 feet of your windmill and livestock water well. Mr. Kimmi reports that: "Slope stability will not be an issue because we will not mine to a high wall(vertical wall)condition and the reclamation slopes will have to be shallow enough to allow farm implements to traverse it. The well sits at an elevation that is about 15 feet lower than the current land surface. We will mine about 15 feet of material. Therefore, in the vicinity of the well, the final land surface will be about the same elevation as the well so there are no slope stability issues." The purpose of this letter is to request your authorization to conduct mining and reclamation activities within 200 feet of these structures. In return for such authorization, Weld County agrees to provide you with fair compensation if, in the course of conducting the mining and reclamation activities, the structures are damaged as a direct result of the activities. . • Letter Agreement, Koskie March 27, 2014 Page 2 Your acknowledged signature below grants permission for Weld County to conduct mining and reclamation activities within 200 feet of the following structures: the fence lines on the north and west sides of the mine permit area, and the windmill and livestock water well located adjacent to the mine permit area. If you have any questions,please feel free to call Bruce T.Barker,Weld County Attorney, at (970)356-4000,ext. 4390, or Mr. Kimmi at(970)356-4000,ext. 3750. Sincerely, Douglas Rademacher, Chairman Board of County Commissioners of Weld County Please sign below, have your signature acknowledged in the space provided, and send this document to: Bruce T. Barker, Weld County Attorney, P.O. Box 758, 1150 O Street, Greeley, Colorado 80632. L AsxfocteedsScott Koskie STATE OF(_ O4' ) ) ss COUNTY OF 14//figer ) �/ ik kre ]foregoing instru tent was__ack owledge before ,ne this � / day of i( ,20 /i,by ,7Ldlj 1741/4s Kn ide. Witness my hand and official seal. cJ PAULA LCR0SSE / NOTARY PUBLIC // / -D�4lJ/ STATE OF COLORADO NOTARY ID 20134052385 Notary Public / y MY COMMISSION EXPIRES AUGUST 18,2017 My Commission Expires; Arid MA pc: Clay Kimmi, Senior Engineer BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO Douglas Rad acher,Chair MAY 0 5 2014 STATE OF C4j !o ) ) ss COUNTY OF (L ,l ) The foregoing instrument F,2s acknowled ed before me this ' day of t4 1�-Y1 , 20 ,by cbMA ?tam KaAQMQz�et) J5 Witness my hand and official seal. d RAFAELA ALICIA MARrNEZ NOTARY PUBLIC STATE OF COLORADO 0-2 Q0 L l�l1• • • MISSICNWIESJANUAR(V NOTARY ID 2MMO�D76 Q �[( NOTARY No ublic My Commission Expires: aflU MJ 2&, ao18 ao/y /3213 Nunn Telephone Company P. O. Box 249 Nunn, CO 80648-0249 U.S. POstei CERTIFIED MAIL RECEIPT c (Domestic Mail Only:No Insurance Coverage Prowled D- a O'F/J4CIAL USE ru Postage $ Candled Fee ru lamely Fee o (mesas ) Hate Reeked tarn Fee N NPeaty,Pea 8 Pees $ NUNN TELEPHONE COMPANY N orPoaa.No. PO BOX 249 NUNN CO 80648-0249 • a Complete items 1,2,and 3.Also complete ate+ item 4 If Restricted Delivery Is desired. 0s ■ Print your name and address on the reverse fa so that we can return the card to you. B. by ) C. Date of D,Inny • AAttach of card to the back of a the maliplece, 'f on the front s space permitit s. � ®� 1. Ankle Addressed to: D. le address Moron from Rant? ❑Yes H YES,enter delivery address below: 0 No NUNN TELEPHONE COMPANY PO BOX 249 NUNN CO 80648-0249 3. eeMoelype fCeraled Mall 0 Os...s Mall O Raffiaod Masan Receipt for Mercha rdss O Imased MA 0 C.O.D. 4. Restricted Davey?fires Fed 0 Ye a Anne Number 7011 2970 0002 2017 1985 (meet,Iron aen4x tabs; PS Form 3811, February 2004 Damsels Per Receipt 102ses02.14-two EXHIBIT T -Proof of mailing notices of permit application Please see the attached. PROOF OF MAILINGS Property Owners within 200 ft Hill Colorado Farm LLC C/0 Daniel R Hill U.S. Postal Service in 203 Jackson St CERTIFIED MAIL ., RECEIPT Fort Atkinson, WI 53538 t-rt (Domestic Mail Only;No Insurance Coverage Provided) rr 7 F•r•elivery int•rmati•n visit •w we•site at vnaw.us• . SENT 5-23-14 Ul Postage $ 7 Certified Fee a Postmark p Return Receipt Fee - ci (Endorsement Required) Here CI Restricted Delivery Fee - (Endorsement Required) O D y. Total Postage&Fees m DANIEL R Sent To ru HILL COLORADO FARM LLC CIO Street,Apt.No.; or PO Box No. 203 JACKSON ST City,stare,21P+a FORT ATKINSON WI 53538 PS Form 3800 August 2006 See Reverse for Instructions C•M•r • Complete items 1,2,and 3.Also complete A. Sign re k Item 4 if Restricted Delivery is desired. X 'R_ ■ Print your name and address on the reverse Jas 0 Addressee so that we can return the card to you. :. Received by Ptintali Name) C. Date of D • -eh this frontnt if space pits.c nlallpiece, .1 it ^u. ' n I 5 24'' rtwVav D. Is delivery address different from Item 11 ❑Yes 1.. a Addressed to: .:, If YES,enter delivery address below: L1 to IEL R HILL COLORADO FARM LLC JACKSON ST ATKINSON WI 53538 3. Service type Minified Mall 0 Express Mall ❑Registered NM Return Receipt for Merchandise 0 Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑yes 2. Article Number 7012 3460 0000 4415 1495 (Transfer from senlca praal) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 M:\Mining\Koskie\DRMS Application\Proof of Mailings.docx Page 1 of 8 U.S. Postal Service,., Scott Koskie CERTIFIED MAIL,.., RECEIPT 14570 N CR 7 m (Domestic Mail Only;No Insurance Coverage Provided) tO Wellington, CO 80549 F•r •elivery inf•rmati.n visit•urwe•rq site at www.us•s.c•mf, SENT 5-23-14 u g Postage $ C Certified Fee Postmark 0Return Receipt Fee - Here rzi (Endorsement Required) CI Restricted Delivery Fee - (Endorsement Required) O Total Postage&Fees $ rn Sent To rta SCOTT KOSKIE • Street Apt.No.; 0 orP0 Box No. 14570 N CR 7 I-••• City.Stale.2IPt4 WELLINGTON CO 80549 PS Form 3800.August 2006 See Reverse for Instructions SEN eER: Ce MPLETE THI . 'i„ -� - �a oN DELIVERY • Complete-Items 1,2,and 3.Also complete A Sit urn Item 4 if Restricted Delivery is desired. r • - 0 Agent ■ Print your name and address on the reverse X Addresses so that we can return the card to you. B. Received by(Printed Name) C.Date of Delivery ■ Attach this card to the back of the mailpiece, Co. or on the front if space permits. et r9. D. Is delivery address different hoe Item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below; ❑No SCOTT KOSKIE 14570 N CR 7 WELLINGTON CO 80549 3. ServiceTips 2 Certified Mail ❑Express Mall 0 Registered AReturn Receipt for Merchandise 0 Insured Mall ❑C.O.D. 4. Restricted Delety'1(Extra Fee) ❑Yes • 2. Article Number 7O12 3460 0000 4415 1488 Monster SelliCONSO PS Form 3811,February 2004 Poniesuo Ream Receipt 102595-02•M•1540 • M:\Mining\Koskie\DRMS Application\Proof of Mailings.docx Page 2 of 8 L.G. Everist, LLC U.S. Postal Service F , CERTIFIED MAILTM RECEIPT PO Box 5829 ra (Domestic Mall Only;No Insurance Coverage Provided) Sioux Falls, SD 57117 r` F r•elivery int.,mati•n visit•urwe•site at www.us•s.c•mr, ra SENT 5-23-14 Postage $ Certified Fee Postmark C Return Receipt Fee Here C (Endorsement e ) Restricted Delivery Fee (Endorsement Required) O Total Postage&Fees $ In Sent To ru LG EVERIST LLC r9 Street,Apt No.; CI or PO Box No. PO BOX 5829 r- City,State,ZIP.4 SIOUX FALLS SD 57117 PS Form 3800.August 2006 See Reverse for Instructions SENIER: CIM•LETE THIS t :7C,y F cnON ON DEUVEHY • Complete Items 1,2,and 3.Also complete A ' 'nature Item 4 if Restricted Delivery is desired. Age X • Print your name and address on the reverse .J I s �: !i A Las �❑Addressee d so that can return the card to you. � �'Name) of • Attach thihl s card to the back of the mailp lace, / or on the front If space permits. D. IsdelAretyaddress different item 1? • Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No LG EVERIST LLC PO BOX 5829 SIOUX FALLS SD 57117 3. Service'Type lEECerdned Mall 0 Express Mall O Registered RI Return Receipt for Merchandee ❑Insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number- 7012 3460 0000 4415 1471 (Danger from smvloe 1ebel) PS Form 3811,February 2004 Domestic Return Receipt IcerasORM•1540 M:\Mining\Koskie\DRMS Application\Proof of Mailings.docx Page 3 of 8 U.S. Postal Service CERTIFIED MAIL;.: RECEIPT Surface Rights co (Domestic Mail Only;No Insurance Coverage Provided) Scott Koskie For delivery information visit our website at www.usps.com,•. 14570NCR7 SENT 5-23-14 Wellington, CO 80549 °.F) Postage 1_$ J- Certified Fee Postmark Return Receipt Fee Here Endorsement Required) O Restricted Delivery Fee Endorsement Required) 13 p Total Postage&Fees $ m cent To ru SCOTT KOSKIE Street.Apt No.; v PO Box No. 14570 N CR 7.,__......_..._.. N �n5 state.ZJP.-4 WELLINGTON CO 80549 4OER: GOA • Complete items 1,2,and 3.Also complete A SI na>vre n item 4 if Restricted Delivery is desired. , ,��J 0 Agent • Print your name and address on the reverse X� L]Addwi fltl so that we can return the card to you. a Received by(Printed Name) C. Date of Dailey • Attach this card to the back of the mallpiece, S Cam- (1 r,S KZt. L Vt or on the front If space permits. r"' _T D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: it YES,enter delivery address below: O No SCOTT KOSKIE 14570 N CR 7 WELLINGTON CO 80549 3. Service type A3 Certified Mali O Express Mail 0 Registered XtRetum Receipt for Meroly indn ❑ insured Mail ❑C.O.D. 4. Restricted Delivery?(Eats Fee) CI Yes St. Article Number 7012 3460 0000 4415 1488 (Thornier from der•OP0 91 PS Form 3811,Febrtrimry 2004 Domestic Return Receipt 10259s-02.M-1$40 M:Wtining\Koskie\0RMS Application\Proof of Mailings.docx Page 4 of 8 U.S. Postal Service Mineral Rights CERTIFIED MAIL, RECEIPT co (Domestic Mail Only;No Insurance Coverage Provided) Scott Koskie to For delivery information visit our websiteatwww.usps.com„ 14570NCR7 a Wellington, CO 80549 1 SENT 5-23-14 F Postage $ S I Certified Fee i O -- Postmark p Return Receipt Fee I Hera o Endorsement Required) C Restricted Delivery Fee I Endorsement Required) O Total Postage&Fees $ m centre _. n. SCOTT KOSKIE 0 Street.Mr.No.; r :,rP09oxNo, 14570 N CR 7 ^.ky,SIaN.ZIPa1 WELLINGTON CO 80549 • SENDER. c;OM;'Le_TI • Complete items 1,2,end 3.Mao complete A. re Rem4 M Finameestric an Delivery b dd address on theere �� a O Agent • Print your Addles so that we can retum the card to S. Received by(Printed Name) C. Date of Dell ey ■ Attach thisace permits.card to of or on the 'c_ett P. {Co S v49,C04 D. Is delivery address deferent from Item 1? O Yes 1. Article Addressed to: If YES,enter delivery address below: O No SCOTT KOSKIE 14570 N CR 7 WELLINGTON CO 80549 3. Service type Certified Mall Ci Breams Mall Registered tiReaan Receipt for Mmartdse O Insured Mail ❑C.O.D. 4. Restricted Delive y?(Extra Fee) 0 Yes zArilde Number 7012 3460 0000 4415 1488prefer from Moe PS Form 3811,Febniery P004 Deeeeeo R lr Rase4t 102595-02M.1sw M:\Mining\Koskie\DRMS Application\Proof of Mailings.docx Page 5 of 8 Peggy Koskie 2212 Creststone Ct U.S. Postal Service Fort Collins, Co 80525 CERTIFIED MAIL.,: RECEIPT s (Domestic Mail Only;No Insurance Coverage Provided) F•r•ellvery lnf•rmati•n visit •urwe•siteatwww.us•s.c•m3 r-a SENT 5-23-14 Postage $ Certified Fee O Postmark o Return Receipt Fee Here O (Endorsement Required) ID Restricted e Fee - (Endorsement n D Required) O '� Total Postage 8,Fees $ I,, sent Do ru PEGGY KOSKIE Sheet,Apt No.; O co PO Box No. 2212 CRESTSTONE CT M1 City,State,ZIP+4 FORT COLLINS CO 80525 PS Form 3800.August 2006 See Reverse for Instructions .r: SENDER: COMPLEI. i' ,_.. 7 _ • Complete Items 1,2,and 3.Also complete A Squaw item 4 If Restricted Delivery is desired. f ❑Ages • Print your name and address on the reverse X,v 7 Gcbe•c t 0 Addressee so that we can return the card to you. B. R ( ) C. Date of Delivery • Attach this card to the back of the maliplece, Yy�� or on the front if space permits. - C. D. Is Item 1? ❑Yes 1. Ankh Addressed to: If %e(delivery below: ❑No 1 PEGGY KOSKIE MAY 2212 CRESTSTONE CT � ';,.' 27201y FORT COLLINS CO 80525 '•,\`\ 3. Service 1ykb'--- UCertlmed Mail 0 Express Mall O Registered Xta Return Receipt for Merchandise ❑Insured Mali 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7012 3460 0000 4415 1464 flimsier Iran sent,lab e9 PS Form 3811,February 2004 Domestic Return Receipt 102-595-024A-1540 M:\Mining\Koskie\DRMS Application\Proof of Mailings.docx Page 6 of 8 Lone-free Energy&Associates, LLC (Lease holder for Oil & Gas) 3 West Dry Creek Cir Littleton, CO 80120 U.S. Postal Service CERTIFIED MAIL,: RECEIPT ra (Domestic Mail Only;No Insurance Coverage Provided) O Ui F.,.ellvery int.rmati.nvisit.urwe.siteatwww.us.s.c.m SENT 5-23-14 Postage $ Codified Fee Postmark p Return Receipt Fee Here Q (Endorsement e ) CI Restricted Delivery Fee(Endorsement Required) _a Total Postage&Fees $ m Sent To illLONE TREE ENERGY & ASSOCIATES LLC gtreet,Apt Na.; O C I or Po 13°x Na 3 WEST DRY CREEK CIRCLE CM.State,ZIP.4 LITTLETON CO 80120 PS Form 3800 August 2006 See Reverse for instructions aee1GFI .. SEN II E•: COM•LETS THI, ocC IiG01 - _ . >FLiVERY • Complete hems 1,2,and 3.Also complete A - + re _ Item 4 If Restricted Delivery is desired. . Agent • Print your name and address on the reverse II� If SII& �' 0 Addressee so that we can return the card to you. - _, by(pdn,,, C. ,,�,.-of A Attach this card to the back of the mallpiece, '� , M G or on the front if apace permits. 5. . . 0'/ I 1. Article Addressed to: D. Is delivery:... :. d tomltamt9 ❑Yes If YES,enter delivery address below: 0 No LONE TREE ENERGY & ASSOC LLC 3 WEST DRY CREEK CIR LITTLETON CO 80120 • 3. Service'Noe XI Certified Mail 0 Express Mall 0 Registered =Return Receipt for Merchandlea 0 Insured Mall 0 C.O.D. 4. Restricted Delivery?(Ears Fee) ❑Yes 2. Article Number 7012 3460 0000 4415 1501 (hauler nom servks MOOS PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 M:\Mining\Koskie\DRME Application\Proof of Mailings.docx Page 7 of 8 PUBLIC NOTICE Weld County Public Works; P.O. Box 758, Greeley, CO 80632, 970-304-6496 , 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 Koskie Pit, and is located at or near Section 12, Township 10 North, Range 67 West, Sixth Prime Meridian. The proposed date of commencement is August 1, 2014, and the proposed date of completion is August 1, 2026. The proposed future use of the land is non-irrigated cropland. 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; 1150 0 St, Greeley, CO 80632, 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 June 26, 2014. Please note that under the provisions of C.R.S. 34-32.5-101 et seq. Comments related to noise, truck traffic, hours of operation, visual impacts, effects on property values and other social or economic concerns are issues not subject to this Office's jurisdiction. These subjects, and similar ones, are typically addressed by your local governments, rather than the Division of Reclamation, Mining, and Safety or the Mined Land Reclamation Board. M:Mining\Koskie\DRMS Application\Proof of Mailings.docx Page 8 of 8 Nunn Telephone Company P.O. Box 249 U.S. Postal Service Nunn, CO 80648-0249 CERTIFIED MAIL,, RECEIPT co (Domestic Mail Only;No Insurance Coverage Provided,) ,�q F•r•elivery int.rmati.n visit•ur we.site at wwwus•s.c•m. r- o f/I4CIAL USE O Postage $ nu Codified Fee o Return Receipt Required) giFee - Postmark Her OO (Endorsement Required) Here Restricted Delivery Fee p (Endorse(Endorsement Required) M1 Total Postage&Fees $ ru -nf a NUNN TELEPHONE COMPANY C Seeer,Apt.Na; r~ orPOBoxNa PO BOX 249 Gt.,Slam,ZIP-4 _ --- NUNN CO 80648-0249 PS Fonn39WU 204.5 r.__. Ior lnsVuclluns SENDER: COMPLETE THIS SLCIJGN GC' IPA - r: ;i r;ON CEuvERv ■ Complete Items 1,2,and 3.Also complete A. Signe - Item 4 if Restricted Delivery Is desired. ./ ❑Agent IN Print your name and address on the reverse ❑Addressee SO that we can return the card to you. a ge9eived by eftlfe leme) C. Date of ■ Attach this card to the back of the mailpiece, f� �f� ?Ivey� or on the front if space permits. ti-7 D. is delivery address different from Item 1? O Yes 1, Article Addressed to: If YES,enter delivery address below: O No NUNN TELEPHONE COMPANY PO BOX 249 NUNN CO 80648-0249 3. Service Type =Certified Mali 0 Express Mail O Registered tailetum Receipt for Merchandise O Insured Mall ❑C.O.D. 4. Restricted Delivery!(Extra Fee) O Yes 2. AricleNumber 7011 2970 0002 2017 1985 Mansfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ADDENDUM 1 —Notice Requirements: Notice in newspaper—published once within 10 days of date of application is considered; submitted to DMG;also mail notice to landowners • • • • y T 9 M Y >, 0 `o n� 'C90 a .5 Aa Es., '5soccO °d.c.c ta =8 o ..t ' a g c. -,' Lt i w T S m a.2 .. • E m U.o n, ° 3.5 3 n S u s m 2 — 3 a'Lc- 6 N 0 o . g a a o o u c, c " E m m EY c _L 0 a';C 1.- c o o x.v tom ° w.5 u p ti a v'� c A = 0 9 61 a74-2 T3T 5.'Jy 0 N2 ` yi `0l2• N ' N R x V %C 8 `a 4 ..-.I um .EE W u y F 3Cry EC.o._ Nr.1 . 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