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HomeMy WebLinkAbout1.0 ApplicationANVIL POINTS PIT - NIELSONS, INC. SPECIAL TEN-DAY (111) PERMIT EXHIBIT A Legal Description: The Anvil Points Pit is located approximately one (1) mile northeast of Rulison, Colorado. It may be described as those portions of the NEI NWq and SKI NW4 of Section 30, T6S, R94W, Gth P.M., Garfield County, Colorado, lying between the Denver & Rio Grande Western Railroad and the Colorado River. It contains approximately seven and one-half (7.5) acres as shown on the attached map, plus a haul road 40' in width and approximately 2,400 feet long. The total affected area is approximately 9.95 acres. i0 1;'i0M FT _:;v ELN( h'd This is to certify that Niel.=sons, Inc., ;: , , ae mailing address is P. 0. Box 1660, Cortez, Colorado, 81321, has the legal right to "Enter and Mine" at a borrow pit known as the Anvil Points Pit located in the NEi \1'i' and the SE: NWI, of Section 30, TES, 8.9414, 6th P.M., in Garfield County, Colorado. Said legal right was giv(in to N-i.clsons, Inc. by the owner of said property, Anvil Points Properties, Ltd., whose address is Suite 1.03 West, First National Bank Building, Fifth and 'lain Streets, Pueblo, Colorado, 81003, in the Corm of an "Option to Buy Material". Witness my hand and seal this of January, 1979. NIELSONS, INC. /s/ %:•4_ ARNOLD G. HAMPSON VICE PRESIDENT — ENGINEERING STATE OF COLORADO ) ss COUNTY OF MONTEZUMA ) Subscribed and sworn to before me this day of January, 1979, A.D. by Arnold G. Hampson, Vice President of Engineering for Nieisons, Inc. (NOTARY PUBLIC) ,%,, f My commission expires: day ANVIL POINTS BOIILOW PIT - NIELS0NS 1\C. SPECIAL TEA -DAY (111) PERMIT EXHIBIT B Mining Plan: The Anvil. Points Borrow Pit is located in the flood plain of the Colorado River. It has a cover of willows and grasses with a few cottonwood trees. The material to be used as borrow is an alluvial deposit of sand and gravel approximately ten (10) feet deep and is covered with a sandy loam varying in depth from zero (0) to six (6) inches. In order to excavate the borrow and reclaim the pit the following mining plan is anticipated. The borrow operation will begin with the construction of the access road. The trees, willows, and grasses will be cleared from the pit area to be worked. The topsoil will be stripped with scrapers and stockpiled on the northern, southern, and western sides as indicated on the mining map. The stockpile on the southern side will be used to build up the existing natural levee into a dyke along the river. This dyke will protect the borrow area from the river. The borrow will be excavated with a combination of scrapers, dozers, loaders, and trucks. It will be hauled directly to the jobsite at the Rulison Interchange where it will be placed in the roadway as needed. Pit slopes will be left no steeper than three to one (3:1). page 1 of 2 EYHIBIT I3 (continued) To facilitate the borrow operation, a dcwatering operation will be used when excavating below the eater table. A pump will he set at a sump point to pull the groundwater out of the immediately surrounding borrow. The water will then be put ped through a pipeline to a holding pond located within the project right -of --way and used as construction water at the jobsite. The owner has granted us the use of his water rights for this purpose. It is expected that the borrow operation will begin during March of 1979. Excavation will start in the southern portion of the borrow pit area and proceed in a northerly direction. The area of excavation will be approximately six (6) acres and the stockpile areas will be approximately one and one-half (11) acres in size. Both the excavation and stockpile areas can be considered areas of major disturbance. In addition there will be approximately two and two-tenths (2.2) acres of access road that can be considered an area of moderate disturbance. page 2 of 2 ANVIL POI\TS PIT - NTLJ SONS, INC. SPECT>L TEX--DAY (lilyPERMIT EXHIBIT E Reclamation Plan: Upon completion of the borrow operation, the pit excavation will become a small lake. The brush, Lrecs, and rocks too large for use will be buried in the dyke on the south side of the pit and covered with the material stockpiled at that location. The topsoil stockpiled on the western and northern sides of the pit will be placed uniformly on the slopes above the high water line. The depth of the topsoil will range from 6 - 12 inches. The stockpile, pit, and dyke areas will be left in a neat and smooth condition with slopes no greater than three to one (3:1). The haul road is to remain in place as requested by the land owner. The pit and stockpile areas will be seeded, mulched, and fertilized as follows.* COMMON NAME PERCENT PERCENT RATE BOTANICAL NAIIE PURITY GERMINATION PLS/ACRE Western Wheatgrass Streambank kheatgrass Alkali Sacaton Winwall Russian Wildrye Big Sagebrush Agropyron Smithii Agropyron Riparium Sporobulus Airoides Elymus June sus Artemisa Tridentata TOTAL - PLS/ACRE SEEDING = 21 lbs. 9 page 1 of 2 85% 95% 98"%, 90% 80% 60% 90% 80% 80% 90% 10 lbs. 5 lbs. 8 oz. 6 lbs. 1 oz, JH [i31'1' E (con t i n,; cl .i'T C I INC MATERIAL 2 tons per acre straw CQ,iA;ERCIAL FERTILIZER Available Superphosphate 100/lbs/acre available nutrient * The .meed, fertilizer, and mulching rates used here are those that the Colorado Department of Highways has specified for their Rulison Interchange Project (Federal Aid Project No. I 70-1(50)81) which includes the Clough Island Pit located on an island in the Colorado River approximately one (1) mile upstream of the Anvil Points Pit. The Anvil Points Pit wi11 Pe used by us in lieu of the Clough Is]and Pit in the construction of the aforementioned project. page 2 of 2 NIELSONS INCORPORATED/' General Contractors PHONE 565-8461 P. 0. Box 1660 CORTEZ, COLORADO 81321 February 7, 1979 Board of County Commissioners Garfield County 2014 Blake Avenue Glenwood Springs, Colorado 81601 Attention: Planning Office Reference: County Approval Of The "Anvil Points Borrow Pit" Gentlemen: 1979 •iL�j Nielsons, Inc. has a contract with the Colorado Department of Highways to construct the Rulison Interchange (Federal Aid Project No. I 70-1(50)81). In order to complete this contract we plan to use a Borrow Pit called the Anvil Points Borrow Pit located approximately a mile East of the Rulison Interchange in the Flood Plain of the Colorado River (see the attached legal description and location map). In order to use this Borrow Pit we must first obtain a permit from the Colorado Mined Land Reclmation Board. To meet their requirements we must obtain local county approval. Enclosed is a legal description, legal right to enter, a mining plan, a reclamation plan, and a site map of the affected area. Current construction plans call for the Borrow Pit to be operated for one (1) year with reclamation to occur during the fall of 1980. A reclamation bond will be posted with the Colorado Mined Land Reclamation Board. Please be advised that we plan to use the Anvil Points Borrow Pit in lieu of the Clough Island Pit which received Special Use Permit #145 from the Garfield County Board of Commissions on February 4, 1978. Please advise us of the time and date this application will be considered by the County Commissioners, in writing, as soon as possible. "AN EQUAL OPPORTUNITY EMPLOYER" NIELSONS INCORPORATED General Contractors PHONE 565-8461 P. 0. Box 1660 CORTEZ, COLORADO 81321 February 7, 1979 Page 2 If you should have any questions or should you need any additional information, please don't hesitate to call me at the above number. Sincerely, NIELSONS, INC. 67 William T. Wright Engineer WTW:cf cc: file - #29-6, Engr., Anvil Points Pit enc: as noted above 'SAN EQUAL OPPORTUNITY EMPLOYER" .nisi oncci E79-91 1. Property Description: The property is located along the right bank of the Colorado River approximately 1 mile upstream from Rulison, Garfield County, Colorado. The land is a low lying riverine type area with wetland, overflow channels, Cottonwood timber, and brush. The property is remote except for the Denver and Rio Grande Western Railroad and U.S. Route 6 which passes nearby. 2. Discription of Work: A large soil and gravel dike has been placed across the overflow channel in a low quality wetland area. Top soil has been stockpiled in a secondary channel and a roadway fill has been placed across the same channel. A number of mature Cottonwood trees were removed from the edge of the channels. 3. History: 27 February 1979 Letter to Grand Junction Corps Office from Garfield County Planning Department with plans of proposed gravel pit. 2 March 1979 Corps visit to dite. 15 March 1979 Letter from Grand Junction Corps Office to Nielsons Inc. advising need for permit under Clean Water Act. 26 March 1979 Grand Junction Corps Office received permit application from Nielsons Inc. 3 April 1979 According to diary of Department of Highways Inspector Nielsons Inc. began work on the site. 20 April 1979 Fill work was discovered on site by Corps personnel. Nielsons advised to C & D. 23 April 1979 Grand Junction Corps received telephone request for on site meeting from Nielsons. 24 April 1979 Site visit by Corps, Department of Health, Department of Highways, Division of Wildlife and Nielsons Inc.. Corps advised further C & D. 30 April 1979 Grand Junction Corps received letter from Nielson Inc. expressing distress at our action and inaction. 1 May 1979 Draft Sacramento DE letter to Nielson sent to Sacramento. 2 May 1979 Grand Junction Corps Office received telephone inquiry from Ms. Ruth Fountain of Senator Armstrongs Office. 9 May 1979 Sacramento DE issued letter of Cease & Desist to Nielsons Inc. 10 May 1979 Letter and report to Agencys requesting input. 0 a f, 1LI • • L ' . 1.1 „ , • 6.0 ef\;•\ • L -4t , e•st INV ,r.,44/;:,:!,' A • 4: 3 al dh }--Yr- YJ ;a.� `� oiv04101. 22 t9 p C. Cu PL. �,b3 5 Aa ji cup b 2( 1j95N I: R941V -F + 1 IS y�R I2. Cr + + -2 + 22 Z, 2• I 1' Vt 21 + + + + J TGS + 0 + 3• 31 31 23 34 -1 + + 1:11 r • + 4 4 4 -•l3 )`. 13' 2_ 23 It 4 -F + -F 4 + + CoLo+,.00 ftvcP, Cc.i f- TT5 $ 2 1 I--CLOVC4 ISLA.10 Piz 4 4- -4- + 1.14 -.1 -pc l. P.o.i rya .1_ -c c c. 1l lecK pi Ke CaLiS�Yltii 0 1. A.G.4!r.'Ty.o171 uc.;.:r Crjfil-( T✓.t'r 1.'S IC:;:.•-vJ TO TuT 60:21 cc /AT 14‘.I ..Lroc.�Adz. E. Lcr . FESTWANT T 1979 _ L1i=___ rA7^;1 AgLo,o 6. Unrnff''So,] Cao,yAr,o PEI A1o• lotpl l Ye c Q, NI UVB L on, I a F"111111,1 1, 'DYar y ‘1;):4-‘-.4-7- , PROPOSE]) JYKH IN OVERFLOW CHANNEL Colorado River Near Rill ^on,l. CoIorao 650 CAPITOL MALL SACRAMENTO, CALIFORNIA 95814 P c—,15 March 1979 T REPLY TO SPKCO-0 ATTENTION OF SPKCO-0 Mr. William T. Wright Nielson Incorporated P. 0. Box 1680 Cortez, Colorado 81321 MAR 16 1979 GARFI LD GU. VL/+ntifR Dear Mr. Wrights The Grand Junction Regulatory Office has received a Dopy of your proposed sand and gravel operation "Anvil Points Borrow Pit", on the Colorado River near Rulison, Colorado from the Garfield County Planning Department. As you were informed by Norm Sanders of this is office dringdyoured your telephone conversation on 1,1 Maroh 1979, placement or fill material in a "waterPermit. Theconstruction of thnited States" ll dikesuine a Department of the Array the overflow channel will require a permit lioaifonthe hasebeenasent Act as amended (33 USC 1344). A permit app to you under separate cover. If you have any questions concerning this matter, you may contact us by palling (303) 243-1199. Sinoorely yours. RODNEY L. WOODS Chief, Regulatory Unit #4 U.S. Army Engineer Distriot,Saoramento U.S.Court House, Room 230 400 Rood Avenue Grand Junction, Colorado 81501 Copy furnished: Garfield County Planning Department ATTN: Stephanie Andreasen 2014 Blake Avenue Glenwood Springs, Colorado 81801 .2__ RFPLY TO AT. TFNTION OF :; 1 C79-01 1971 CER3SE JOLLEY _.rf VEL ASQYE:..__L.�� L. irrt;Jr)Cii;lLC rr.('0 ,. On 20 twvil::iiC+y CS:Y^,i^S OF 1`7t••. i 1.:1'5, i,t:a:Crnrei ('i:CC?PV 7 fill p1F5 ,3di in overflow c..a ,lta.1r u1' the (.bl. cr,!'to ..112 :- and ;i'# ji;es nt wo ai.i:in a Et dour <;. ;vol es<tgs f:u'll£:r,>ay 4.a. ; .. 7.:. f -i-:r? y, Col±:1'r. J0. k d;Ito t - _ ''1 c:e .-, 'i C`. ion rif 'i hf rrut ovs vf'1,ntt t1i1[t'n-.le 1, l: J 1'1 LtL c'E'IPYri, i 1 .- fill 1 i cd tl:ct t c cund- ]'('.h :,,',i e .° . , l.S" rya !'21 i n 'L" ".''').1" qil to". i .. .4i)!'1 #''C'. C... .;'::i (, .;`..i ,J` f-. ...i'1 n 1<'.;. c iii>i .,1 •u ol: La 1 I.., iY,, , ii,A tti trt. It L lu tt1:1i. tii cn ftr(r'r e.1 i.n, ,. 1r:1L:8 itinwtorn Irn't.F:.L,' to .... Woo).. i;' Iinw'1.tsn n'i.T' 24 Srril .F.. ..ho C- 'i[(... d:'.-, ' ,O. -n ()li i.uro C) .4 ( n.nc1-:c 'id- 1 XP!' pro eG,'1l and ., in dircet viol:1L1i(R Tb.' ; act.t :..•:P.'o Diwuriot Crx'. O Enyloc41 i c.' C C. F,ta3 2..r,1i18tO2;' �r;i•j (i i.oti c,*1 r ) %1;A f .l _..- ,i;y i ;fir<t)', ) ct; OV(' r -J.OPP Of.tUflUOLO 840 A(i,Jn.c'.t is aiJcr thc, 1,,rt l.i`i ;tol. 1.41). 'J'`(3 i'.' voquir3 t:'mii: .;l:l x' 1.V' ::.,. c.i' entity that {'L"''"rr' cs to dischorpe Cr oAlfttr! or ,..v, i..1L1. i'C) .. .n..o orclinry HAM o, u.. + ?i i'`J, ['V 'GLtal 6= El r; !':: Y' S>.i' ('.i3 ..."i '-,tatA.^.sr , or .'F 7j,..cr t 1i,i:ilwd:31°, obtain a Srl.j'a,t'ttaent u t!:' Arny c'(rio#^ to pimoinC cillo j.. ' P t;+ a r -.r o r t } n_ C: �iCt1,E -:�., iii Pct .:l r,Cft f�:rfit f1V�^9,'1' 1''�°r'"�Vtl {.;1G V.L9�R'l. fEfi _"lig pro— of (33 USX: i:i44) nfiy be punifihd by a ;inc OS' not icsr' tbna “ thrn q25,000,0C rcr Jny of vioint.ion or by. )r!.rigon_ fc'i' i?'_ rope 4!:'.iii (no yclr or OOth. The removal ('i' iiie ai laced in iolati[=i( of no fvruris{C1 of tht, raid scctiox :'z?7 bc4 forced by an tn.).:1ctiun ia3uod by the Diati'ict Court exorcisingu ,jui".?'- diction in to :Aut.-let in which naeh rul m:into, 5n' proper pvo— cirina to thin end ::lay ho Lunt:in:Mt{ r.iniur the dircohion t.t the Attorney Gan.c.2r1 :i to United Stntoi. Yon are hereby diaanid to cenne and dnuist Cron any eurthor placcout of th.,,.:(2A or fill cfotterini in or bloho eh:tone's of the C2lorr2o laVCP, itS oijacoat vlitinfil arnan, or eny work in taa nren iaenE,oribod nbnve. Thi ()file° 13 couluetin on InventioAtirin of the tnw.uthor;:z,:a.1 wrrt; nrd oill noliclt 'ay- later i.J.. vic-n ti oHpre-fwia0 ffn"leral, Utnto, .toeal ai:ancitn, Tho eny aloo La o:ilwd to arovlcie odnitiaaal. latian which t*ln affleo will to:ce la ayal.a.ati tfda onnvifrlv>.t aotivity. kay Inforniaa. provide -3 vill bmo:,n por ,,,y fta ;ut,lio recari tired uny be preannte6 kn 03? enliPt .1!..Cti..)3 which n::: renult fran thi:n invantintle, rmemoinf: of :,,oar ',-,mit upplinotin ia herohy ncopen,:eil until a ilecinioo im c.a,h- 23 to the approrfoim niuir4trotivo or 1( •1 notlen t:.° be intio'ln. You will he invdt, juror:nod of aotioal tnhon and advise wen fart)or 6.0t1,) in vary on yaur pact. If youhave nay quentiorn or cocnentn concerniao thi matter, Plta3e CT.tot .o:%, :>.tpinoy 1„. 'otin, 1o:t.ultery .eet(oil, Iyaot 030 Ve.foral fnuildlon, .400 ',:oo'n M.,enue, CitnICt inuctAoa, Colotadn io1, or .frlophoile (5O3) 24:s—l13d. $.7.1rocrely youru, NW4L7s :, OtS=I Colonel, CE Dtntrict Yaincer Copy furniEheti: Dopurt:uont or Health Deaver, CO $0224) las. pith 4 tjltilire Service Salt IniLo (:Ity, UT M13:3 1.1.9. rovironenntal Protection Awfncy DOnvce, CO Zon3 If:T. jack Crib Sknte cf Cniara,fo Pivinion of flnilifo Deliver, co 80.21S Coloratio Depurt,ient of illi!hwnyn, CranA Junction, co 31501 I _ ' oou t.Nr1I ry .. SACRAMENTO, CALIFORNIA 95814 REPLY TO ATTENTION OF SPKCO-0 E79-91 Stephanie Andreasen Garfield County Planning Office Court House Glenwood Springs, CO 81601 10 May 1979 Dear Ms. Andreasen: On 30 April 1979, Corps of Engineers personnel observed and investigated a violation under Section 404 of the Clean Water Act (33 USC 1344). The unauthorized activity is located on the Colorado River approximately 1 mile upstream from the Community of Rulison in Garfield County, Colorado. At the location described above, Nielsons Incorporated began construction of a gravel pit in low lying lands along the river and its overflow channel ways. A gravel dike was placed across the main channel within a wetland. The channel ways provide drainage for small washes entering from adjacent mountains and carries water from seepage through an old gravel dike placed across the upper channel opening. Top soil from the pit was stored in and along the secondary channel and a fill for access roadway was placed across the same channel. In a letter dated 15 March 1979, Nielsons Incorperated was advised that a Department of the Army Permit would be required prior to placing fill material in the channel ways. They subsequently submitted an application to the Corps which was being processed when the violation was discovered. Nielsons has been advised by letter dated 9 May 1979 to cease and desist activities on the site and that processing of their application has been suspended until a decision is made regarding administrative or legal actions to be taken. To assist us in evaluating the effects of this work, we are soliciting your views concerning its impact and/or any possible violation of State or County regulations which may have occurred as a result of the unauthor- ized activity. We are further requesting that you provide comments as to mitigation Zriar 5PKCO-O PUBLIC NOTICE NO. 6903 TO WHOM IT MAY CONCERN: ""1 ` 4' 7 1978 nn�w Ti July 1979 �ARFItZU �.� Application has been made to this office by Nielsons, Inc., P.O. Box 1660, Cortez, Colorado 81321, for a Department of the Army Permit for approximately 2,633 cubic yards of fill material placed during preparation of a site for sand and gravel excavation located within an overflow channel and adjacent wetlands of the Colorado River near Rubison, Colorado, in Section 30. Township 6 South, Range 94 West, Sixth Principal Meridian, as shown on the drawing and •described in the project description attached to this notice. Fill material was placed to extend a dike, for a road crossing, and as a stockpile of topsoil. Applicant was issued a mining permit on 28 March 1979 by the Mined Land Reclamation Board, Department of Natural Resources, State of Colorado. This permit requires rehabilitation of the affected land. The applicant has applied to the Colorado Department of Health, Water Quality Division, for water quality certification of the project. The latest published version of the National Register of Historic Places and its monthly supplements have been reviewed and there are no places either listed or recommended as eligible which would be affected. This review constitutes the extent of the cultural resource investigation by the Sacramento District Engineer. The Sacramento District Engineer is unaware of the presence of any such resources. The proposed activity would not affect any threatened or endangered species or their critical habitat. The District Engineer has made this.determination based on information provided by the applicant and on the Corps' preliminary evaluation. Interested parties are invited to submit written comments on or before 8 August 1979. Any person may request, in writing, within the comment period specified in this notice that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. A permit issued by the Department of the Army does not give any property rights either in real estate or material or any exclusive privileges and does not authorize any injury of private property or invasion of private rights, or any infringement of Federal, State or local laws or regulations, nor does it obviate the necessity of obtaining State or local assent to the work authorized. The decision whether to issue a permit will be based on an evaluation of the impact of this activity on the public interest under authority of Section 404 (33 USC 1344) of the Clean Water Act as amended (33 USC 1251 et seq). Evaluation will include application of guidelines set forth by Administrator, EPA, under authority of the act (40 CFR Part 230.5). That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will he considered; among those are conservation, economics, aesthetics, general environmental concerns, historic values, fish and wildlife values, flood damage prevention, land use, navigation, recreation, water supply, water quality, energy needs, safety, food production and, in general, the needs and welfare of the people. No permit will be granted unless its issuance is found to be in the public interest. Based on our preliminary evaluation, there will be no significant environmental impacts. Therefore, we do not anticipate that the preparation of an Environmental Impact Statement will be required. Nielsons, Inc., has leased an area referred to as Anvil Points Borrow Pit from Anvil Points Properties, Ltd., for the purpose of obtaining sand and gravel for an Interstate Highway 70 construction project near Rubison, Colorado. The excavation pit has been expanded and cleared of vegetation. Topsoil has been removed and stockpiled along the edge of an overflow channel for future site rehabilitation. To facilitate the borrow operation, a dewatering operation will be used when excavating below the water table. A pump will be set at a sump point to pull groundwater out of the immediately surrounding borrow. The water will then be pumped through a pipeline to a holding pond located within the project right-of-way and used as construction water at the highway jobsite. The borrow will be excavated with a combination of scrapers, dozers, loaders, and trucks. The material will be hauled directly to the Rubison highway construction site where it will be placed in the roadway as needed. To facilitate sand and gravel removal from the pit an access road has been constructed. In response to the State of Colorado Division of Wildlife and U.S. Fish and Wildlife Service, Nielsons, Inc., has prepared a mitigation measure to compensate for the loss of habitat that has occurred. Under this plan, the land presently affected will be rehabilitated when excavation is completed, project will not be expanded into overflow channels of the Colorado River or its adjacent wetlands, and two acres of acceptable land will be donated to the Audubon Society for wildlife management. TypICAL PIT AREA SECTION — N.T.S. Y 0 J- OA s' v `• i a` a Yo G.sMo Bv.It•u Of wdaa o L S.. Lc E*Tc.vu.CUT Sr•nod + + + Is IS + + 11 • RpSIV Ft34W 4 4 1 " + f + + a= 11 f• I If n Judepag TCS'+ 34 TTS S s , + + . itsSu t • + 4. + r• 11 la a 34 +� + Ctoucu G•.ylsto Cvu1ff IILSIJo Piy IO ^.Juni" LI &ITS Of Bon -Ove .FsC SCALE -FE 6 SD I. A. G. HAMPSON. HEREBY CERTIFY TEAT THIS INFORMATION WAS PREPARED UNDER MY SUPERVISION AND IS CORRECT TO THE BEST OF UT KNOWLEDGE AND BELIEF. June 8 ;2 .�--';44;'-4o - 1 9 7 9 ARNOLD G. DAMPSON COLORADO P.E. No. 10531 Adjacent Property Owners: 1. D. S R.G.W. R.R. 7 FAirh Rnrletall rn ROAD FILL PROPOSED CHANNEL CROSSINGS Revision No. 2 6/8 /79 IN GARFIELD COUNTY NEAR RULISON, COLORADO OWNED BY ANVIL POINTS PROP.,LTD APPLICATION BY NIELSONS, INC.