2021-05-04_PERMIT FILE - M2020062

• Permit No: M2020062
• IBM Index Class Name: PERMIT FILE
• Doc Date: 5/4/2021
• Doc Name: Decision Extension Request
• From: Wasteline, Inc.
• To: DRMS
• Email Name: LJW
• Media Type: D
• Archive: No

WL-PM-E/Letter to DRMS: Subject: M2020-062 Schoen Farm Response to Comments Page 3
(c) allow smooth flow of operations.
There is no way to show any of this on a map in a manner that makes sense.
j. Weed management and control plan:
Task: Continue to control weeds and pests in the Yard and the surrounding field
Conditions: during operations and reclamation of the Sand and Gravel Yard,
Standards: in accordance with County and State law and guidelines, in cooperation with the
Rio Grande County Weed District (CRS 35-5.5).
Performance Measures:
i. Inspect the Yard and access road for noxious weeds regularly by a qualified person, at
least bi-weekly during the growing season, paying particular attention to soil stockpiles
(berms), sideslopes, and around equipment.
ii. Control all observed noxious weeds visually before flowering stage, either by
mowing/cutting, burning, or application of pesticides in accordance with State and
federal law, by trained personnel.
iii. Request the Weed District to inspect the Yard, road, and vicinity at least annually
together with the Landowner and Operator, to identify any problems.
iv. Record weed problems and control work in the operating log.
v. Ensure safety and health of all miners, customers, and visitors.
3. Reclamation Plan:
a. Paragraph 2 of the reclamation plan references Exhibit D of the lease agreement at the
request of the Landowner. That Exhibit D to the lease agreement describes responsibilities of
the Landowner("Lessor") and Operator O'Rourke Excavating ("Lessee")for operations and
reclamation and applies to primarily to Reclamation, with some applicability to mining
operations. It establishes standards imposed by the Landowner in addition to regulatory
standards. The complete lease as executed by Landowner and Operator was omitted from
the 110c Application Exhibits to reduce confusion on the part of reviewers. This is because of
its length, format, confidential information contained which is not germane to the Division's
permitting process, and because the 110c Application Exhibits are in turn actually an Exhibit
to the Lease. For clarification, the referenced Exhibit is provided as Attachment C to this
letter, after reformatting.
b. Clean fill use: The Operator commits to provide notice to the Division in accordance with
Rule 3.1.5(9) (items a-f) in advance of any importation of such material, for each source of
such materials.
c. Achieving final reclamation grade will be achieved by slope reduction of the exterior slopes of
the Yard. This is described as "flatten slopes of exterior of basins" in paragraph 2. No backfill
other than placement of fines and any imported material is proposed.
d. No permanent infrastructure for cropland will be installed as a component of reclamation.
e. The information in 4.c.ii.5. was provided for information only. As stated in that paragraph,
NRCS/RGCD at this time recommends that NO fertilizer or mulch is needed, but this of
course may change. To clarify, fertilizer application will be decided and done by the
Landowner based on their decision as to what crop(s) are to be planted. For clarity, this
information is included in the signed agreement for item f below. If something is required for
estimating, one recommendation (via CSU Extension Service, Fact Sheet 541 "Fertilizing
Potatoes in Colorado" at 00541.pdf(colostate.edu))is 0.44 tons/acre of NPK 3-4-3, or 3.52
tons for the site. This is not a commitment that the Landowner will plant potatoes.
f. The Landowner DOES intend to plant his own crops; see signed agreement Attachment D.
g. Storm water controls (post-reclamation): see signed agreement Attachment D.
4. Exhibit E Map. Although the changes requested have not proved necessary to answer the above
comments, as previously discussed, the Mining and Reclamation Plan is now placed on two
different 8.5x11 pages, now Attachment E to this letter.
5. Exhibit I Proof: A copy of the signed/certified receipt from the County Clerk was submitted in
hardcopy (USPS) on 23 March 2021, apparently delivered on Monday the 29th, and sent via e-
mail to Ms. Stephanie Mitchell with the entire application packet, on 28 March 2021. That was
also added to the Clerk's Review Copy.
PROJECT: 5144.2 Schoen Farm 21 April 2021, Page 3