HomeMy WebLinkAbout20131842.tiffSTATE OF COLORADO
Office of
Mined Land Reclamation
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
Notice of 112c Construction Materials
Joh W. Hickenleoper
Governor
COLORADO
DIVISION OF
RECLAMATION
MINING
— &—
SAFETY
Mike King
Executive Director
Loretta E. Pineda
Reclamation Permit Partial Acreage Release Request Consideration Director
DATE: July 11, 2013
TO:
Weld County Commissioners
County Commissioner
915 10th St
Greeley, CO 80631
✓� -'— Ed S
FROM: Eric C. Scott, Environmental Protection Specialist
RE: L. G. Everist, Incorporated, Ft. Lupton Sand and Gravel Mine, Permit No. M-1999-120
Please be advised that on July 1, 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 Ft.
Lupton Sand and Gravel Mine, Permit No. M-1999-120. The construction materials extraction operation is located at
or near Section 30, Township 2N, Range 66W, 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.
2013-1842
Office of
Denver • Grand Junction • Durango Active and Inactive Mines
C
n
L.G. EVERIST, INC.
FORT LUPTON SAND AND GRAVEL MINE
PERMIT # M-1999-120
WELD COUNTY, COLORADO
Regular 112 permit - Amendment
February 2012
Amendment to an Application for a
Regular Mined Land Reclamation
Board Construction Materials Permit
PREPARED BY
ENVIRONMENT, INC.
7985 VANCE DR., SUITE 205A
ARVADA, CO 80003
(303) 423-7297
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: 1303) 832-8106
CONSTRUCTION MATERIALS
REGULAR (112) OPERATION
RECLAMATION PERMIT APPLICATION FORM
CHECK ONE: There is a File Number Already Assigned to this Operation
Permit # M -
New Application (Rule 1.4.5)
_ Conversion Application (Rule 1.11)
COLORADO
DIVISION OF
RECLAMATION
MINING
— &—
SAP ETY
8i11 Ritter, Jr.
Governor
Harris D. Sherman
(Please reference the file number currently assigned to this operatiom);ecutive Director
V Amendment Application (Rule 1.10)
Permit # M -1999 _120 _ (provide for Amendments and Conversions of existing permits)
Ronald W. Cattany
Division Director
Natural Resource Trustee
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): Fort Lupton Sand and Gravel Mine
3. Permitted acreage {pew or existing site):
3.1 Change in acreage (+)
3.2 Total acreage in Permit area
4. Fees:
4.1 New Application
4.2 New Quarry Application
4.4 Amendment Fee
4.5 Conversion to 112 operation (set by statute)
5. Primary commoditie(s) to be mined: Gravel Sand
5.1 Incidental commoditie(s) to be mined: 1.
3. /
lbs/Tons/yr 4.
256.0
641.64
897.64
permitted acres
acres
acres
szaago application fee
2540 quarry application
$2,229.00 amendment fee
17491400 conversion fee
lbs/Tons/vr 2. /
/ Ibs/Tons/vr 5. /
5.2 Anticipated end use of primary commoditie(s) to be mined:
Specification aggregates
Ibs/Tons/vr
lbs/Tons/yr
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. Type of mining operation:
✓ Surface Underground
9. Location Information: The center of the area where the majority of mining will occur:
COUNTY: Weld
PRINCIPAL MERIDIAN (check one): ✓ 6th (Colorado) r 10th (New Mexico) Ute
SECTION (write number): S 30
r -
TOWNSHIP (write number and check direction): T 2 is/ North I South
RANGE (write number and check direction); R 66 i East V West
QUARTER SECTION (check onc): NE NW I SE SW
QUARTER/QUARTER SECTION (check one): [ NE ry NW ; SE SW
GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation):
Approximately 1.5 miles northwest of the town of Ft. Lupton, CO. Approx. Elevation 4870' msl
10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM):
Latitude/Longitude:
Exatnplc: (N) 39° 44' 12.98"
(W) 104° 59' 3.87"
Latitude (N): deg 40 min 06 sec 58 . 64 (2 decimal places)
Longitude (W): deg 104 min 49 sec 36 06 (2 decimal places)
OR
Example: (N) 39.73691°
(W) -104.98449°
Latitude (N) (5 decimal places)
Longitude(W) (S 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) Nad 83 Zone 13
Easting
Northing
-3-
I I. Correspondence Information:
APPLICANT/OPERATOR
Contact's Name:
Company Name:
Street/P.O. Box:
City:
State:
Telephone Number:
Fax Number:
PERMITTING CONTACT
Contact's Namc:
Company Namc:
Street/P.O. Box:
City:
State:
Telephone Number:
Fax Number:
INSPECTION CONTACT
Contact's Name:
Company Name:
Street/P.O. Box:
City:
State:
Telephone Number:
Fax Number:
(name, address, and phone of name to be used on permit)
Dennis L. Fields
L.G. Everist, Inc.
Title: Vice President
7321 E 88th Ave., Suite 200
Henderson
P.O. Box:
CO
(303 ) _ 287-4656
(303 ) _ 289-1348
Zip Code: 80640
(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
Zip Code: 80003
) _ 423-7599
Lynn M. Shults
L.G. Everist, Inc.
Titic: Regulatory Manager
7321 E 88th Ave., Suite 200
Henderson
P.O. Box:
CO Zip Code: 80640
(303
) - 286-2247
(303 289-1348
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State:
Zip Code:
Telephone Numbcr: ( 1 -
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State:
Zip Code:
Telephone Number: ( ) -
a
-4-
12. Primar ' future (Post -mining) land use (check one):
LI Cropland(CR) I I Pastureland(PL)
n
n
171
Rangeland(RL)
Residential(RS)
j
n
Forestry(FR)
Recreation(RC)
Developed Water Resources(WR)
13. Primary present land use (check one:
n Cropland(CR)
Rangeland(RL)
Residential(RS)
n
Pastureland(PL)
Forestry(FR)
Recreation(RC)
Developed Water Resources(WR)
General Agriculture(GA)
Wildlife Habitat(WL)
Industrial/Commercial(IC)
Solid Waste Disposal(WD)
General Agriculture(GA)
Wildlife Habitat(WL)
Industrial/Commercial(IC)
14. Method of Mining: Briefly explain mining method (e.g. truck/shovel):
Trackhoe and front end loaders remove material for delivery to the processing plant.
15. On Site Processing:
Crushing/Screening
13.1 Briefly explain mining method (c.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 increases the mine area and reserves under permit by 641.64 acres. The
mining method does not change but he plant site may be moved south as the existing permit
area is mined out. The final reclamation plan and reclamation methods do not change. The
primary access remains as currently approved. It also combines 2 permitted mines into one and
retains the southern access point. Southern access - 40d05'40.41 "N, 104d49'48.17"W
-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 arc 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(l)(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 Arca) 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 1 - Notice Requirements (sample enclosed)
Geotechnical Stability Exhibit (any required sections)
The instructions for preparing Exhibits A -S, Addendum 1, and Geotechnical Stability Exhibit arc specified under RuJe 6.4 and 6.5 and
Rule I.6.2(I)(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 no'j)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;
p
Df
91
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 arc 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 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
permittcc, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation
responsibility.
l0. 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 wi II 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 terns and conditions:
1. To the best of my knowledge, all significant, valuable and permanent man-made structurc(s) in existence at the time
this application is tiled, 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 34-32.5-111,CR.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 /
/ day of P/ R/t� ' (f%L• 20/ e--
L.G. Everist, Incorporated
Applicant/Operator or Company Name
Signed: •
Title: Vice President
State of C.aDW.>
) ss.
County ofs —
�
The foregoing instrument was acknowledged before me this alt.— day of
If Corporation Attest (Seal)
by Dennis Fields
LYNN MAYER SHULTS
NOTARY PUBLIC
STATE OF COLORADO
as Vice President
My Commission expires: 0iI0142.43,3
SIGNATURES MUST BE IN BLUE INK
Corporate Secretary or Equivalent
Town/City/County Clerk
Pc 132U,h2F'
of L.G. Everist,
Incorporated
You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a
TABLE OF CONTENTS
Exhibit A
Exhibit B
Exhibit C
Exhibit C-1
Exhibit D -
Exhibit E
Exhibit F
LEGAL DESCRIPTION
VICINITY MAP
PRE MINING MAP (SEE MAP POCKET)
- MINING PLAN MAP (SEE MAP POCKET)
MINING PLAN AND TIMETABLE
RECLAMATION PLAN AND TIMETABLE
RECLAMATION PLAN MAP (SEE MAP POCKET)
1
2
56
56
3
9
56
Exhibit G — WATER INFORMATION 15
Figure G-1 - WATER WELLS WITHIN 200 FEET 19
MAP EXHIBIT - WATER WELL LOCATION MAP ...........20
Exhibit H - WILDLIFE INFORMATION
Exhibit I - SOILS
MAP EXHIBIT I - SOILS MAP
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
J - VEGETATION
K - CLIMATE
L - RECLAMATION COSTS
M - OTHER PERMIT AND LICENSES
N - SOURCE OF LEGAL RIGHT TO ENTER
Exhibit O - OWNERS OF RECORD
Figure O-1- CURRENT OWNERSHIP MAP
Exhibit P - MUNICIPALITIES WITHIN TWO MILES
Exhibit Q - NOTICES AND PROOF OF MAILING BOARD OF COUNTY
COMMISSIONERS AND LOCAL SOIL CONSERVATION BOARD
21
22
23
35
36
37
38
39
40
42
43
44
Exhibit R - CLERK AND RECORDERS NOTICE AND PROOF OF MAILING . 46
Exhibit S - PERMANENT MAN-MADE STRUCTURES 47
PUBLIC NOTICE 53
POSTED NOTICE CERTIFICATION 54
PROOF OF DELIVERIES 55
Exhibit A
Parts of Section 19, 30 &
West and parts of Sections 25,
West, 6th Prime Meridian, Weld
897.64 acres more or less.
LEGAL DESCRIPTION
31, Township 2 North, Range 66
& 36, Township 2 North, Range 67
County, Colorado, containing
EXISTING MINE
FT. LUPTON SAND AND GRAVEL MINE - M-1999-120
The NW'/, of Section 30, T -2-N, R -66-W, and The ESE'/,, and
parts of the NE'MNW'/, and SE'/SWM of Section 25, T -2-N, R -67-W, 6th
P.M., Weld County, Colorado. Containing 256.0 acres more or
less.
NEW PARCELS ADDED TO PERMIT
LUPTON MEADOWS RESERVOIR - M-2002-104
All of the SW/SWl/,, & NW'ASW'/ and parts of the SWASE'/,, NE%SW%
& SE'/SW'/ of Section 30, and Parts of the SW'/,NE'A, and NW'/NE%
of Section 31, T -2-N, R -66-W, and Parts of the SE%SE'/, &
SW%SE'/, Section 25, T -2-N, R -67-W, 6th P.M., Weld County,
Colorado. Containing 190.72 ac. more or less.
BLUE RIBBON TRACT
Parts of the NE'/,SW'/ SE%SWl/, NW'/,SW% AND NW'/,SW%, Section 19, T-
2 -N, R -66-W, 6th P.M., Weld County, Colorado. Containing
55.62 ac. more or less.
VINCENT TRACT
The NE'/SE'/ and parts of the NEMNE',4 SE'/SE% AND NW'/,SE%/,, Sec-
tion 25. T -2-N, R -67-W, 6th P.M., Weld County, Colorado.
Containing 85.37 ac. more or less.
FUNAKOSHI TRACT
The NW'/NE'/ and Parts of the NE'/NW'%, Section 36, T -2-N, R -67-
W, 6th P.M., Weld County, Colorado. Containing 44.42 ac.
more or less.
LOT A TRACT
Part of the SE%SE'/,, Section 25, T -2-N, R -67-W, 6th P.M.,
Weld County, Colorado. Containing 5.19 ac. more or less.
ADAMS TRACT
The NE'/,NW'/,, Section 31, T -2-N, R -66-W, 6th P.M., Weld
County, Colorado. Containing 39.82 ac. more or less.
PARKER TRACT
The W'3NW'A and parts of the SE'/aNW%, Section 31, T -2-N, R -66-
W, and The E'/≤NE'/ and parts of the SWANE'A, Section 36, T -2-N,
R -67-W, 6th P.M., Weld County, Colorado. Containing 220.50
ac. more or less.
1
Declination
MN'
MN9°01'E
Name: FORT LUPTON
(CO)
Date: 01/18/12
Scale: 1 inch = 2,000 ft.
ESiphon _N.
Funakoshi
42.73 arc
F897i i
FLSG-NORTH ENTRANCE 040° 06'
Ft. Lupton 255:0 AC t,.:
PERMIT #M-1999-120
I Aa6
ppton Meado,
.7 AC. !.
EMtT # M.2002 -
Parcel A
5.19 ac.
Parker 259.0 AC
FLSG- SOUTH ENTRANCE 040° 05' 40,41" N 104° 49'
1 "'ly
.64" N
t
LOCATED IN PARTS OF , SECTIONS 19,
30 & 31, T -2-N, R -66-W, AND PART OF
SECTION 25 & 36, T -2-N, R -67-W, 6TH
P.M., WELD COUNTY, COLORADO
WeR it'78
t
Copyright (C)
(]08, MyTopo
L.G. EVER/ST, INC.
FT. LUPTON SAND AND GRAVEL MINE
MAP EXHIBIT B - VICINITY MAP
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