2016-11-08_PERMIT FILE - M2016030

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M-2016-030,Response to Adequacy Letter 8 November 2016 Page 6 of 10 reasonable assurance when the extraction of construction materials interferes with the immediate implementation of prospective post-mining uses. In the case of the Valley's Edge Resource, the entire subject property has been zoned heavy industrial (1-3) in its present state. Please see attached Weld County zoning resolutions granting 1-3 zoning status to the subject property, demonstrating that there is no significant barrier to implementation of proposed post-mining industrial use. Rule 6.4.5(2)(b) does indicate that it is appropriate to compare the proposed post-mining land use to other land uses in the vicinity and to adopted state and local land use plans. The proposed post-mining use under M-2016-030 is consistent with both existing land uses in the vicinity and adopted land use plans. The site is surrounded by existing industrially-zoned land to the north, east, south, and west, including parcels developed for oil field services, manufacturing, construction materials processing, and auto salvage. In addition, long-range land use plans for the subject area call for continued development of industrial sites (see attached land use maps from the City of Brighton and City of Fort Lupton comprehensive plans). As submitted,the M-2016-030 application commits the operator to conserving sufficient topsoil to cover one- quarter of the affected land at a depth of 6 inches and to revegetate with a cover crop all areas with no immediate opportunity for active industrial or commercial activity at the time of final reclamation (see Exhibit E). The Applicant believes it has provided for the warranted amount of topsoil and revegetation, especially given reasonable assurance that affected land will be put to beneficial use as industrial land. However, to address any and all uncertainty in the estimate that one-quarter of affected land may require topsoil and a cover crop in conjunction with industrial post-mining use, the Applicant agrees that the reclamation plan incorporates commitments to stockpile sufficient topsoil (see item 10, below) and reseed with a cover crop up to the entire 189.66 acres of affected area. (See item 15, below, for the Applicant's concurrence in the reclamation cost estimate and further discussion of procedures for the release of industrial acreage.) 10. Please commit to stockpiling or preserving a minimum of 15,300 cubic yards of topsoil on-site to reclaim the proposed 189.66 acres with a minimum of six(6)inches of topsoil. The Division's comment in item 10 is substantially similar to the comment in item 9, concerning extent and depth of topsoil in reclaimed areas. As noted in the 112 permit application (Exhibit D), the operator anticipates that up to 10,000 cubic yards of topsoil may be stockpiled near the processing area. The operator will commit to additional stockpiles, or preservation in place, of the remaining balance of 15,300 total cubic yards of topsoil. The operator's obligation to stockpile this total amount of topsoil will be reduced proportionally if and when acreage is released from the reclamation permit or reasonable assurances of a diminished need for topsoil are otherwise provided to the Division. 11. The Applicant states chemical and/or mechanical weed control may be accomplished in the site during grass stand establishment if required. Pursuant to Rule 3.1.10(6), methods of weed control shall be employed for all prohibited noxious weed species, and whenever invasion of a reclaimed area by other weed species seriously threatens the continued development of the desired vegetation. Please provide a 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).