HomeMy WebLinkAbout20133495.tiffSTATE 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
RECEIVED
DEC} 2r,
! Q x`4:31
WELD COUNTY
COMMISSeONERS
Notice of 112c Construction Materials
Reclamation Permit Partial Acreage Release Request Consideration
DATE: December 13, 2013
TO:
Weld County Commissioners
County Commissioner
915 10th St
Greeley, CO 80631
FROM: Eric C. Scott, Environmental Protection Specialist i2-(C..d---te/44412
RE: L. G. Everist, Incorporated, Can Gravel Resource, Permit No. M-1988-048
COLORADO
DIVISION OF
RECLAMATION
MINING
SAFETY
John W. Hickenlooper
Governor
Mike King
Executive Director
Loretta Pineda
Director
Please be advised that on December 13, 2013, L. G. Everist, Incorporated, whose address and telephone
number are 7321 E. 88th Ave., Ste 200 , Henderson, CO 80640; (303) 287-4656, submitted a request for
partial acreage release for the Carr Gravel Resource, Permit No. M-1988-048. The construction materials
extraction operation is located at or near Section 26, Township UN, Range 67W, 06th Prime Meridian, in
Weld County.
Written comments or objections to the release may be submitted to, and additional information obtained
from, the Division of Reclamation, Mining and Safety, 1313 Sherman Street, Room 215, Denver,
Colorado 80203, (303) 866-3567. Comments or objections should be submitted as soon as possible. The
Division is required to wait 30 days after the release decision is made to allow for comments or
objections.
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2013-3495
Office of
Mined Land Reclamation
Denver • Grand -VI —Durango
Office of
Active and Inactive Mines
STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman Si., Room 215
Denver, Colorado 80203
Phone: 4303) 866-3567
FAX: (303) 832-8106
CHECK ONE:
CONSTRUCTION MATERIALS
REGULAR (112) OPERATION
RECLAMATION PERMIT APPLICATION FORM
• There Is a File Number Already Assigned to this Operation
COLORADO
DIVISION OF
RECLAMATION
MINING
- &-
SAFETY
Bill Ritter, Jr.
Governor
Harris D. Sherman
Permit _ # M (Please reference theefile number currently assigned to this operatios)ecutive Director
L_. New Application (Rule 1.4.5) ;71 Amendment Application (Rule 1.10)
j_ Conversion Application (Rule 1.11)
Ronald W. Cattany
Division Director
Natural Resource Trustee
Permit # M -1988 -048 - (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): L.G. Everist, Incorporated
1.1 Type of organization (corporation, partnership, etc.): Corporation
2. Operation name (pit, mine or site name):
3. Permitted acreage (new or existing site):
3.1 Change in acreage (+)
3.2 Total acreage in Permit area
4. Fees:
4.1 New Application
4.2
4.4
4.5
Carr Gravel Resource
New Quarry Application
Amendment fee
Conversion to 112 operation (set by statute)
SEP 1 ?Oil
(Division of Reclarnabark
alilt'ftt'tg and Safely
5. Primary commoditie(s) to be mined: Gravel Sand
5.I Incidental commoditie(s) to be mined: 1.
3. I
1,412.0
0
1,412.0
permitted acres
acres
acres
AISERIA application fee
15312(90 quarry application
52,229.00 amendment fee
112746%1 X00 conversion fee
lbs/Tons/vr 2. /
lbs/Tons/vr 4. / lbs/Tons/yr 5. /
lbs/Tons/vr
ibsfrons/vr
5.2 Anticipated end use of primary commoditie(s) to be mined: Specification aggregates, concrete and asphalt
' 5.3 Anticipated end use of incidental commoditie(s) to be mined:
Office of
Mined Land Reclamation
Office of
Denver • Grand Junction • Durango Active and Inactive Mines
-2-
6. Name of owner of subsurface rights of affected land: L.G. Everist, Incorporated
If 2 or more owners, "refer to Exhibit O".
7. Name of owner of surface of affected land: L.G. Everist, Incorporated
8. Tune of mining operation:
1✓ Surface Underground
9. Location Information: The center of the area where the majority of mining will occur:
COUNTY: Weld
PRINCIPAL MERIDIAN (check one): F6th (Colorado) I___': 10th (New Mexico) l_—i Ute
SECTION (write number): S 27 j
TOWNSHIP (write number and check direction): T 11 111 North [Ii South
RANGE (write number and check direction): R 67 Fl Easter WI West
QUARTER SECTION (check one): NE - El NW ►--1 SE ---I SW
QUARTER/QUARTER SECTION (check one): i.__� NE l_I NW Pi SE 11 SW
GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation):
Approximately 1/2 mile east of the town of Carr, CO. Approx. Elevation 5685' msl
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 40 nun 53 sec 50 87 (2 decimal places)
Longitude (W): deg 104 min 52 sec 09 34 (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) WGS 84 Zone 13
Easting
Northing
-3-
11. Correspondence Information:
APPLICANT/OPERATOR (muse, address, and phone of name to be used on permit)
Contact's Name: Dennis L. Fields
Company Name: L_G.'Eveiist, Inc.
Street/P.O. Box:
City:
State:
Telephone Number:
Fax Number:
PERMITTING CONTACT
Contact's Name:
Company Name:
Street/P.O. Box:
City:
State:
Telephone Number:
Fax Number:
INSPECTION CONTACT
Contact's Name:
Company Name:
Street/P.O. Box:
City:
State:
Title: Vice President
7321 E 88th Ave., Suite. 200
Henderson
P.O. Box:
.CO Zip Code: 80640
l 303 p _ 287-4656
(303.. )_ 289-1348
(if different from applicant/operator above)
Steve O'Brian
Environment, Inc
Title: President
7985 Vance Dr. #205A
Arvada
P.O. Box:
CO
(303 _ 423-7297
(303 ) _ 423-7599
Lynn M. Shults
L.G. Everist, Inc.
Zip Code: 80003
'title: Regulatory Manager
7321 E 88th Ave., Suite 200
Henderson
P.O. Box:
CO Zip Code: 80640
Telephone Number. (303 ) _ 286-447
Fait Number: (363 ) : 289-1348
CC: STATE OR. FEDERAL I,,A`NDOWNER.(if any)
Agency:
Street:
City:
State:
Telephone Number:
Zip Code:
( -
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State:
Telephone Number: (
Zip Code:
-4-
12. Primar future (Post -mining) land use (check one):
Cropland(CR) El Pastureland(PL)
`: Rangeland(RL) _ElForestry(FR)
n Residential(RS) Recreation(RC)
EDeveloped Water Resources(WR)
13. Primary present land use (check one.•
ri Cropland(CR) Pastureland(PL)
pi Rangeland(RL) —J Forestry(FR)
Residential(RS) Recreation(RC)
Developed Water Resources(WR)
P ( )
f�
n
General Agriculture(GA)
Wildlife Habitat(WL)
IndustriaUCommercial(IC)
Solid Waste Disposal(WD)
General Agriculture(GA)
Wildlife Habitat(WL)
Industrial/Convnercial(IC)
14. Method of Mining: Briefly explain mining method (e.g. truck/shovel):
Trackhoe and front end loaders remove material for delivery to the portable processing plant,
15. On Site Processing: 11' I Crushing/Screening
13.1 Briefly explain mining method (e.g. truck/shovel):
Material is processed into specification aggregates using crushers, and screen plants
List any designated chemicals or acid -producing materials to be used or stored within permit area:
None
16. Description of Amendment or Conversion:
If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s).
This amendment changes the end use on a 303.0 acres from rangeland to transload area,
allows for a permanent equipment parking area and leaves roads to access the mined property
after reclamation is complete. The mining methods do not change but the plant site will now be •
portable and follow the mining activities. The reclamation methods do not change for the
non-transload areas and the primary access remains as currently approved.
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
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT H
EXHIBIT I
EXHIBIT J
EXHIBIT K
EXHIBIT L
EXHIBIT M
EXHIBIT N
EXHIBIT O
EXHIBIT P
EXHIBIT Q
EXHIBIT R
EXHIBIT S
Rule 1.6.2(1)(b)
Rule 6.5
Legal Description
Index Map
Pre -Mining and Mining Plan Map(s) of Affected Lands
Mining Plan
Reclamation Plan
Reclamation Plan Map
Water Information
Wildlife Information
Soils Information
Vegetation Information
Climate Information
Reclamation Costs
Other Permits and Licenses
Source of Legal Right -To -Enter
Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined
Municipalities Within Two Miles
Proof of Mailing of Notices to County Commissioners and Conservation District
Proof of Filing with County Clerk or Recorder
Permanent Man -Made Structures
ADDENDUM I - Notice Requirements (sample enclosed)
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 I.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 pennittee, 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 not understand 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;
7,1
NA
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 of July 1, 1995, the annual fee is for the period of July I,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.
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.
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:
I. 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-I15(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, it Colorado LaniNJ
Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shalleibt i'p%voiatng ary
permit issued on the altered or modified form and subject the operator to cease and desist orders and civilgei allies for operating:',,; e
without a permit pursuant to section 34-32.5-123, C.R.S. ; '15'
xC79 i n
Signed and dated this day of L10 l Q rnl e 4/ o�O // _ �f t Ai c = r
11 4 F
L.G. Everist, Incorporated
Applicant/Operator or Company Nam/ enn
SigneQi�
Title: Vice President
State of l/ A�/Jt... )
County of
(%
v,f Aa
If Corporation Attest (Seal) ,`,p�
<tt
Signed:
Corporate Secretry or Equivalent
Town/City/County Clerk
The foregoing instrument was acknowledged before me this 0 day of
aD // , by Dennis L. Fields as Vice President
of L.G. Everist,_ Incorporated
Notary Public
My Commission expires: ZW/9/c2D f 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
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