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HomeMy WebLinkAbout3.0 CorrespondenceJune 4, 2015 COLORADO Department of Public Health Er Environment Dedicated to protecting and improving the health and environment of the people of Colorado JUN 1 5 2015 Lindsay Krol Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: All Valley Storage: Contractors Storage Yard Dear Ms. Krol: On May 27, 2015, the Colorado Department of Public Health and Environment's Air Pollution Control Division (APCD or Division) received a request for an air quality administrative review concerning All Valley Storage: Contractors Storage Yard. The Division has reviewed the project and has determined that the following provisions of the Colorado Air Quality Control Commission (AQCC) Regulations may apply to the project based on the information provided. Please note that the following regulations may not be inclusive of the regulations the proposed project will be subject to. It is the responsibility of the involved parties to determine what regulations they are subject to and follow them accordingly. In Colorado, most businesses that are or will be emitting air pollutants above certain levels are required to report those emissions to the Division by completing an Air Pollutant Emissions Notice (APEN). This is a two in one form for reporting air emissions and to obtain an air permit, if a permit will be required. While only businesses that exceed the AQCC reporting thresholds are required report their emissions, all businesses - regardless of emission amount - must always comply with the Colorado AQCC regulations. 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe John W. Hickenlooper, Governor Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer *1876{` r roup of emission points exceed the following defined emission thresholds: Table 1 APEN Thresholds Pollutant Category UNCONTROLLED ACTUAL EMISSIONS Attainment Area Non -attainment Area Criteria Pollutant 2 tons per year 1 ton per year Lead 100 pounds per year 100 pounds per year Non -Criteria Pollutant 250 pounds per year 250 pounds per year In general, an APEN is required when uncontrolled actual emissions for an emission point or Uncontrolled actual emissions do not take into account any pollution control equipment that may exist. A map of the Denver Metropolitan Ozone Non -attainment area can be found at: http://www.colorado.gov/airquality/ss map wm.aspx. Additional information on APENs and air permits can be found at https://www.colorado.gov/pacific/cdphe/apen-and-permitting-guidance. This site explains the process to obtain APENs and air quality permits, as well as information on calculating emissions, exemptions, and additional requirements. You may also view AQCC Regulation Number 3 at https://www.colorado.gov/pacific/cdphe/aqcc-regs for the complete regulatory language. If you have any questions regarding Colorado's APEN or air permitting requirements or are unsure whether your business operations emit air pollutants, please call the Small Business Assistance Program (SBAP) at 303- 692-3175 or 303-692-3148. If you have any other questions or need additional information, please call the phone numbers listed above, or call or e-mail me directly. Thank you for contacting the Air Pollution Control Division about requirements for your project. Sincerely, Ingrid Hewitson Air Quality Planner Planning and Policy Program Air Pollution Control Division Colorado Department of Public Health and Environment 303-692-6331 / Ingrid.hewitson@state.co.us 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe John W. Hickenlooper, Governor Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer MOUNTAIN CROSS ENGINEERING, INC. / Civil and Environmental Consulting and Design June 18, 2015 Mr. David Pesnichak Garfield County Planning 108 Stn Street, Suite 401 Glenwood Springs, CO 81601 RE: All Valley Storage Contractors Yard: GAPA 8208 Dear David: This office has performed a review of the documents provided for the Administrative Review Application of the All Valley Contractors Yard for the Crystal Ranch Corporation. The submittal was found to be thorough and well organized. The review generated the following comments: 1. The application materials address screening the proposed use from Highway 82. The Applicant should address if there are other vantage points that should be screened. 2. The engineering report in the application materials, from June 2011, has a description of a water distribution system with fire protection proposed for the site. The project narrative states that no water system is to be provided and that employees will carry their own water. The Applicant should discuss if there were any prior commitments or conditions associated with that water distribution system. Feel free to call if you have any questions or comments. Sincerely, Mounts' Cross Engi Hale, PE 826 '/z Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com Will Serve Letter Crystal River Corp- Contractor Storage Yard Application Int # ountain WASTE & RECYCLING P O Box 3336 3927 County Road 154 Glenwood Springs, CO 81602 January 19, 2015 Ms. Tamra Allen Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 RE: Crystal Ranch Corp Administrative Review- 5 Acre Contractors Storage Yard Dear Ms. Allen, This letter is to certify that Intermountain Waste & Recycling will serve the property located at 013114 HWY 82, Carbondale, CO 81623 for waste disposal and/or portable restrooms. The Customer is subject to all standard terms and conditions. Sincerely, Scott Eden Co -President Intermountain Waste & Recycling Via Certified Mail July 19, 2016 Garfield County Clerk to the Board of County Commissioners 108 8th Street, Suite 101 Glenwood Springs, CO 81601 RE: Lafarge West, Inc.; Powers Mine, Garfield County, CO MLRB 112 Permit No. M-1979-134 Amendment Application Dear Clerk: Lafarge West, Inc. is applying to the Colorado Division of Reclamation, Mining and Safety (DRMS) for an amendment to MLRB 112 Permit No. M-1979-134, Powers Mine. This was a sand and gravel mine located off State Highway 82 and County Road 103 (Crystal Springs Road). As required by the DRMS regulations, Lafarge must notify the Board of County Commissioners of this application. Permit No. M-1979-134 was originally approved by DRMS for sand and gravel mining with post -mining land use as rangeland. The amendment being filed seeks to change the post- mining use for the pit floor to bare land for future commercial or industrial uses, as requested by the landowner, Crystal Ranch Corp. Additionally, this amendment seeks to allow the existing ready mix concrete plant to remain in the same location on site. The reclamation for the hillside slopes of the pit will remain as upland grassland. Enclosed is the DRMS required Notice of Filing Application and the Application Form. As indicated in the Notice, the entire application is on file with DRMS and the Garfield County Clerk and Recorder. If you have any questions or concerns regarding this application, please do not hesitate to contact me at Christine.Felz@lafargeholcim.com or at 303-809-7231. Sincerely, 6\(,„A,L0 1` Christine Felz Land and Environment Manager Enclosures NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS Garfield COUNTY Lafarge West, Inc. c/o LafargeHolcim (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 Garfield 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 vacant commercial/industrial land and upland grasses 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. STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 CONSTRUCTION MATERIALS REGULAR (112) OPERATION RECLAMATION PERMIT APPLICATION FORM COLORADO DIVISION OF RECLAMATION MINING —&— SAFETY CHECK ONE: ❑✓ There is a File Number Already Assigned to this Operation Permit # M - 1979 134 (Please reference the file number currently assigned to this operation) riNew Application (Rule 1.4.5) Amendment Application (Rule 1.10) Conversion Application (Rule 1.11) Permit # M - 1979 134 (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (1) the application form; (2) Exhibits A -S, Addendum 1, any sections of Exhibit 6.5 (Geotechnical Stability Exhibit; and (3) the application fee. When you submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (1) copy of the completed application form, two (2) copies of Exhibits A -S, Addendum 1, appropriate sections of 6.5 (Geotechnical Stability Exhibit, and a check for the application fee described under Section (4) below. Exhibits should NOT be bound or in a 3 -ring binder; maps should be folded to 8 1/2" X 11" or 8 1/2" X 14" size. To expedite processing, please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, ALL information requested below. 1. Applicant/operator or company name (name to be used on permit): 1.1 Type of organization (corporation, partnership, etc.): 2. Operation name (pit, mine or site name): Powers Pit 3. Permitted acreage (new or existing site): 3.1 Change in acreage (+) 3.2 Total acreage in Permit area Lafarge West, Inc. c/o LafargeHolcim 4. Fees: 4.1 New Application 4.2 New Quarry Application 4.4 Amendment Fee 4.5 Conversion to 112 operation (set by statute) ConeWcton Melenals 5. Primary commoditie(s) to be mined: 93.90 93.90 $2,696.00 $3,342.00 $2,229.00 $2,696.00 5.1 Incidental commoditie(s) to be mined: 1. 0 lbs/Tons/yr 2. 0 / 3. 0 / lbs/Tons/yr 4. 0 / lbs/Tons/yr 5. 0 / 5.2 Anticipated end use of primary commoditie(s) to be mined: nia permitted acres acres acres application fee quarry application amendment fee conversion fee lbs/Tons/yr lbs/Tons/yr n/a 5.3 Anticipated end use of incidental commoditie(s) to be mined: -2- 6. Name of owner of subsurface rights of affected land: Crystal Ranch Corp. If 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: Crystal Ranch Corp. 8. Type of mining operation: I I Surface PI Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Garfield PRINCIPAL MERIDIAN (check one): 117 6th (Colorado) ❑ 10th (New Mexico) SECTION (write number): s 26 TOWNSHIP (write number and check direction): T ri North r7 - South RANGE (write number and check direction): R 88 East Fl West QUARTER SECTION (check one): f fl SW QUARTER/QUARTER SECTION (check one): NE NW SE SW Ute GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): 2 miles Southeast of the town of Carbondale 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 39 min 54 sec 50 92 (2 decimal places) Longitude (W): deg 107 min 11 sec 15 57 (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) Easting Northing Nad 83 13 Zone -3- 11. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: Mike Refer Title: Director of Land and Environment Company Name: Lafarge West, Inc. c/o LafargeHolcim Street/P.O. Box: 1687 Cole Blvd. Suite 300 P.O. Box: City: Golden State: Colorado 80401 Zip Code: Telephone Number: ( 303 ) - 716-5312 Fax Number: ( 303 ) _ 716-5295 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Christine Felz Title: Land and Environmental Manager Company Name: Lafarge West, Inc. c/o LafargeHolcim Street/P.O. Box: 1687 Cole Blvd., Suite 300 P.O. Box: City: Golden State: Colorado Zip Code: 80401 Telephone Number: ( 303 ) _ 809-7231 Fax Number: ( ) - INSPECTION CONTACT Contact's Name: same as above 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: Street: City: State: Zip Code: Telephone Number: ( ) - CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Telephone Number: ( ) - -4- 12. Primarfuture (Post -mining) land use(check one): 6- Cropland(CR) fl Pastureland(PL) 11 Rangeland(RL) JJ Forestry(FR) Residential(RS) JJ Recreation(RC) Developed Water Resources(WR) 13. Primary present land use (check on © Cropland(CR) _ Pastureland(PL) Rangeland(RL) Forestry(FR) Residential(RS) jJ Recreation(RC) Developed Water Resources(WR) General Agriculture(GA) -ERWildlife Habitat(WL) Industrial/Commercial(IC) rj Solid Waste Disposal(WD) Gener_IR al Agriculture(GA) Wildlife Habitat(WL) 17 Industrial/Commercial(IC) 14. Method of Mining: Briefly explain mining method (e.g. truck/shovel): n/a mining competed on site 15. On Site Processing: H Crushing/Screening 13.1 Briefly explain mining method (e.g. truck/shovel): n/a mining completed on site List any designated chemicals or acid -producing materials to be used or stored within permit area: 16. Description of Amendment or Conversion: If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s). Amendment to the final land use request. Currently, the reclamation plans calls for rangeland for the floor elevation of the final reclamation. We are requesting that the new plan call for bare ground designed for futurc commercial and industrial development. We arc als requesting that the current Ready Mix concrete operation remain as a final land use. The change in final land use constitutes a total ot 2(.2 acres ot which, 9 are utilized by the concrete plant. I he remaining sloped hillside are will remain unchanged in the reclamation plan. No other changes are requested with this amendment. -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 0 Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined EXHIBIT P Municipalities Within Two Miles EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District EXHIBIT R Proof of Filing with County Clerk or Recorder EXHIBIT S Permanent Man -Made Structures Rule 1.6.2(1)(b) ADDENDUM 1 - Notice Requirements (sample enclosed) Rule 6.5 Geotechnical Stability Exhibit (any required sections) The instructions for preparing Exhibits A -S, Addendum 1, and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.6.2(1)(b) of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required, or would like to schedule a pre -application meeting you may contact the Office at 303-866-3567. Responsibilities as a Permittee: Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a number of important requirements which you, as a permittee, should fully understand. These requirements are listed below. Please read and initial each requirement, in the space provided, to acknowledge that you understand your obligations. If you do n .stir. erstand these obligations then please contact this Office for a full explanation. 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; -6- 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 ofJuly 1, 1995, the annual fee is for the period ofJuly 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. -7 - NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office. Therefore, if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments, unless they are written, and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process, you may contact the Office at (303) 866-3567. -8 - Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. To the best of my knowledge, all significant, valuable and permanent man-made structure(s) in existence at the time this application is filed, and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5-115(4)(e), C.R.S.). 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4)(f), C.R.S.; 3. As the applicant/operator, I do not have any extraction/exploration operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120, C.R.S.) as determined through a Board 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 YOL" C. n I; r1 day of tr�,c, I y Applicant/Operator or „ p.. : Tie Signed Title: g.re 'WI a.n a_c r State of CD t, roil a If Corporation Attest (Seal) Signed. Corporate Secretary or Equivalent Town/City/County Clerk Y )s. County of v ,a..� rSp �1 The foregoing instrument was acknowledged before me this 1 a day of r . 1 Abl(Aby 501 r. (' c{ .f - -G f1 � i P1 as G.a,�n.a,r+...i ✓�'1o�na.(•' of ��r�-c `1n1He4- 6ts Sharon L. Schlecht NOTARY PUBLIC STATE OF COLORADO NOTARY IO 20064019994 MY COMMISSION EXPIRES MAY 23.2018 Notary Public /02 My Commission expires: 61/43 a (a SIGNATURES MUST BE IN BLUE INK You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a proposed mining operation. The following is a sample of the Notice required for Rule 1 .6.2(1)(b) that you may wish to use. NOTICE This site is the location of a proposed construction materials operation. (Name of the Applicant/Operator) ""eWe,. 'nc do at. geHc em whose address and phone number is (Address and Phone Number of the Applicant/Operator) 1687 Cale Blvd. Su s 300, Golden, Co 80401 303-77fi-5312 has applied for a Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the application may view the application at the (County Name) Garfield County Clerk and Recorder's Office, (Clerk and Recorder's Office Address) ,os 8th Street, Suite 200 Glenwood Springs, co B,so,cnr6nn and should send comments prior to the end of the public comment period to the Division of Reclamation, Mining, and Safety, 1313 Sherman St, Room 215, Denver, Colorado 80203. Certification: I Christine Felz , hereby certify that I posted a sign containing the above notice for the proposed permit area known as the (Name of Operation) Powers Pit , on (Date Posted) CDPq / 1(9 SIGNATURE DATE 7/ a/�l9 AN EXAMPLE PUBLIC NOTICE WHICH MEETS THE REQUIREMENTS OF THE STATUTES IS SHOWN BELOW. THE BLANKS WHICH REQUIRE DATES WILL NEED TO BE FILLED IN ACCORDING TO THE FOLLOWING INSTRUCTIONS. PLEASE READ CAREFULLY. PUBLICATION INSTRUCTIONS: Date of commencement and date of completion should represent the dates which you feel most accurately describe the life of the operation. For all Regular (112) types of operations, this notice must be published once a week for four (4) consecutive weeks, starting within ten (10) days of the date the application is considered to be submitted to the Division. The final date for receiving comments is the 20th day after the fourth publication or the next regular business day. All notices must be published in a newspaper of general circulation in the locality of the proposed mining operation and mailed to the landowners as set forth in the Colorado Mined Land Reclamation Rules and Regulations. Since the date for consideration of your application may change, DO NOT include it in this notice. For a complete discussion of the notice procedures and objections, please refer to C.R.S. 34-32.5-112(10), 114 and 115. **************************************************************************************************** ***** PUBLIC NOTICE (Operator Name) Lafarge West, Inc. c/o LafargeHolcim ; (Address and Phone Number) 1687 Cole Blvd Suite 300, Golden, CO 80401 303-716-5312 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) Powers Pit , and is located at or near Section 26 , Township 7 Range 88 6th gPrime Meridian. The proposed date of commencement is February 1 2016 ,and the proposed date of completion is February 1 , 2018 . The proposed future use of the land is (Future Landuse) Vacant Lend end Upland Gres. Additional information and tentative decision date may be obtained from the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567, or at the (County Name) Garfield County Clerk and Recorder's office; (Clerk and Recorder's Address) 1098th Street, Suite 200 Glenwood Springs, CO 81601 , or the above-named applicant. Comments must be in writing and must be received by the Division ofReclamation, Mining, and Safety by 4:00 p.m. on (Final Date for Comments) Please note that under the provisions of C.R.S. 34-32.5-101 et 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:\min\share\vsforms\07-07-01 vsforms\Construction 112.doc 07/24/2007) An example Structure Agreement which meets the requirements of the Statutes is shown below. ************************************************************************************* Structure Agreement This letter has been provided to you as the owner of a structure on or within two hundred (200) feet of a proposed mine site. The State of Colorado, Division of Reclamation, Mining and Safety ("Division") requires that where a mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred (200) feet of the affected land, the Applicant shall either: a) Provide a notarized agreement between the Applicant and the Person(s) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure; or b) Where such an agreement cannot be reached, the Applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or c) Where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. ( Construction Materials Rule 6.3.12 and Rule 6.4.19 & Hard Rock/Metal Mining Rule 6.3.12 and Rule 6.4.20) The Colorado Mined Land Reclamation Board ("Board') has determined that this form, if properly executed, represents an agreement that complies with Construction Materials Rule 6.3.12(a), Rule 6.4.19(a), and C.R.S. § 34-32.5-115(4)(e) and with Hard Rock/Metal Mining Rule 6.3.12(a), Rule 6.4.20(a), and C.R.S. § 34-32-115(4)(d). This form is for the sole purpose of ensuring compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to any private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the Division. The following structures are located on or within 200 feet of the proposed affected area: n/a 1. 2. 3. 4. 5. (Please list additional structures on a separate page)