HomeMy WebLinkAbout20120602 STATE OF COLORADO
DIVISION OF RECLAMATION,MINING AND SAFETY
Department of Natural Resources
1313 Sherman St.,Room 215 WELD COUNTY
Denver,Colorado 80203 COMMISSIONERS COLORADO
DIVISION OF
Phone: (303)866-3567
RECLAMATION
FAX:(303)832-8106 1011 MAR - 1 A 10: 12 MINING
&_
SAFETY
RECEIVED
John W.Elickenlooper
Governor
Mike King
Notice of 112c Construction Materials Executive Director
Loretta E.Pineda
Financial Warranty Reduction Request Consideration Director
DATE: February 27, 2012
TO:
Weld County Commissioners
County Commissioner
915 10th St
Greeley, CO 80631
is p - ec 5
FROM: Eric C. Scott, Environmenta rotection Specialist
RE: Twin Peaks Excavating Inc, Olson Pit, Permit No. M-1980-160
Please be advised that on February 27, 2012, Twin Peaks Excavating Inc, whose address and telephone number are
833 Colorado Highway 52 , Erie, CO 80516; (303) 589-2030, submitted a request for financial warranty reduction for
the Olson Pit, Permit No. M-1980-160. The construction materials extraction operation is located at or near Section
20, Township 2N, Range 68W, 06th Prime Meridian, in Weld County.
Written comments or objections to the financial warranty reduction 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 within 15 days. The Division is required to wait
30 days after the release decision is made to allow for appeals.
w VL Rk..UI et,. ?to, PI-
3 -� - I a 3.i -/ a 2012-0602
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY RECEIVED
Department of Natural Resources
1313 Sherman St.,Room 215 inn Denver,Colorado 80203 - NOV 2 0 2003 / DIVISION OF
Phone:(303)866-3567 MINERALS
FAX:(303)832-8106 &
FILE COPY Division of Minerals and Geology GEOLOGY
RECLAMATION
FOR SCANNING •
CONSTRUCTIONMATERIAIS MINING•SAFETY
REGULAR(112)OPERATION
Rill Owens
RECLAMATION PERMIT APPLICATION FORM Governor
Greg I.Watcher
Executive Director
CHECK ONE: _ There is a File Number Already Assigned to this Operation Ronald W.Caltany
Permit# M -80 - 160 (Please reference the file number currently assigned to this operation) Acting Division Director
New Application(Rule 1.4.5) _X__Amendment Application(Rule 1.10)
_Conversion Appication(Rule 1.11)
Permit# lyI - 8 0 - 160 •_ (provide for Amendments and Conversions of existing permits)
The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts:(I)the application form;
(2)Exhibits A-S,Addendum 1,any sections of Exhibit 63(Geotechnical Stability Exhibit;and(3)the application fee. When you submit your
application,be sure to include one(1)complete sinned and notarized IVORY ORIGINAL and cue(1)copy of the completed Logy application
form,two(2)copies of Ft<htbits A-S,Addendum 1,appropriate sections of 6.5(Geotoclmical Stability Unlit,and a check for the application
fee described under Section(4)below. Exhibits should ma be bound or in a 3-ring binder;maps should be folded to 812"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 i{
Type or print clearly,in the space provided,Asia information requested below.
1. AnuUcantlloueratoror company name(name tobe used ouuermitl: Twin Peaks Excavating. Inc. "•""
1.1 Type of organization(corporation,partnership,etc.): A Colorado Corporation
1.2 LRS.Tax I.D.No.or Social Security Number:
2. Operation name(nit,mine or site name): Olson Pit
3. Permitted senate(new or existing sitel: 39 .39 permitted acres
3.1 Change in acreage(+) 1 3- 3 5 acres
3.2 Total acreage in Permit area 5 2,7 4 acres
4. Fees:
4.1 New Application $2,344.00 application fee
4.2 New Quarry Application $2906.00 quarry application
4.4 Amendment Fee $1,938.00 amendmearfee
4.5 Conversion to 112 operation(set by statute) S2 344.00 conversion fee
5. Primary commodide(a)tobeSped: Sand and Gravel
5.1 Incidental commodities)to be mined: 1. - lbs/fons/vi 2. / lbs/Tons/vt
3. / Ibs/Tons/yr 4. / Rs/Tons/Yr 5. / lbs/Toos/vr
7')- /480 - /60
RECEIVED
DEC 0 2 2003
-2-
Division of Minerals end Geology
6. Name etownerof subsurface Hats ofaffectedland: Kenneth L. . and Judith A Schell
If 2 or more owners,"refer to Exhibit O".
7. ?fame of owner of surface d affected land: Kenneth L- , and Judith A Crha11
8. Tyne of mining operation: X Surface Underground
9. Location Information: The center of the area where the majority of mining will occur:
COUNTY: Weld _
PRINCIPAL MERIDIAN(check one): _X___6th(Colorado) 1.0th(New Mexico) Ute
SECTION(write number): S 17 & 20
TOWNSHIP(write number and check direction): T- 2 X North South
RANGE(write number and check direction): R 68 _East X West
QUARTER SECTION(check one): (S-20) X NE NW X SE _SW (S-17)
QUARTER/QUARTER SECTION(check one): X NE _NW X SE _SW
*GENERAL DESCRIPTION:(the minter of miles and direction from the nearest tows and the approximate elevation):The Olson
' Pit is located approximately 2.5 miles southeast of Longniont,Cnlnradn at an
elevation of 4888 feet.
10. Primary future(Post-mining)land use(check onel:
Cropland(CR) _ Pastureland(PL) _ General Agrieultu e(GA)
Rangdawl(RL) Forestry(FR) X WildlifeHab:dat(WL)
Residentiai(RS) _ Recreation(RC) _ Industrial/Commercial(IC)
Developed Water Resources(WR) Solid Waste Disposal(WD)
11. primary present land use(check one):
_ Cropland(CR) _ Pasuneland(PLi X Gemeni Agriculuue(GA)
Rangelaod(RL) _ Forestry(FR) _ Wildlife flab itat(WL)
Residential(RS) _ Recreation(RC) Industhal/ccwraercial(IC)
Developed Water Resources(WR)
12. Method of Maine: Briefly explain mining method(e.g.track/shovel): _Ex cavat ion_with front end loader
with conveyor transport of excavated sand and gravel to an off-site pro-
cessing plant
13. On Site Processing: NO _ Crushing/Screening
13.1 Briefly explain mining method(e.g.track/shovel):
List any designated chemicals or acid-producing materials to be used or stored within permit area: None
- 3 -
14. Correspondence Information:
APPLICANT/OPERATOR (Hume,address,and phone afname to be used on permit)
Contact's Name: Kenny Schell _ Title:President
Company Name: Twin Peaks Excavating, Inc.
Street/P.O.Box: 1500 Overlook Drive P.O.Box:
City: Lafayette
State: Colorado _Zip Code: 80026
Telephone Nmnber: ( 3 0 3 )- 5 8 9-2030
Fax Number: ( 303 )- 828-3345
PERMITTING CONTACT (if different from applicambperator above)
Contact's Name: Michael J. (Mike) Hart Tide:Principal
Company Name: Hart Environmental
Street/P.O.Box: __P.O.Box: 1303
City: Boulder
State: Colorado ZIP Code: 80306
Telephone Number. f 303 1- 444-6602
FaxNomber: ( 303 )- 402-9049
INSPECTION CONTACT
Contact's Name: Mike Hart _ Title:
Company Name: Same as Above
Street/P.O.Box: _P.O.Box:
City:
State: _Zip Code:
Telephone Number: f I-
FaxNumber: ( )-
CC: STATE OR FEDERAL LANDOWNER(if anvl
Agency:
Street:
City:
State: _Zip Code:
Telephone Number: ( I-
CC: STATE OR FEDERAL LANDOWNER(if any)
Agency:
Street:
City:
State: _ZT Code:
Telephone Number ( I-
- 4 -
15. Dacrintlon of Amendment or Conversion:
If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s).
The new owners of the subject property desire to create additional wild-
life habitat on their property by adding 13.35 acres to the existing DMG
Permit in order to mine an additional 10. 2 acres of their property.
Moos and Exhibits:
Five(5)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 five(5)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(l)(b):
EXHIBIT A Legal Description
EXHIBIT B Index Map
EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands
EXHIBIT]) Mining Plan
EXHIBIT E Reclamation Plan
EXHIBIT F Reclamation Plan Map
EXHIBIT G Water Information
EXHIBIT H Wildlife Information
EXHIBIT I Soils Information
EXHIBIT J Vegetation Information
EXHIBIT K Climate Information
EXHIBIT L Reclamation Costs
EXHIBIT NI Other Permits and Licenses
EXHIBIT N Source of Legal Right-To-Enter
EXHIBIT 0 Oavers of Record of Affected Land(Surface Area)and Owners of Substance to be Mined
EXHIBIT P Municipalities Within Two Miles
EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Consen-ation District
EXHIBIT R Proof of Filing with County Clerk or Recorder
EXHIBIT S Permanent Man-Made Structures
Rule 1.6.2(I)(b) ADDENDUM 1 -Notice Requirements(sample enclosed)
Rule 6.5 Geotechnical Stability Exhibit(any required sections)
The instructions for preparing Exhibits A-S,Addendum 1,and Geotechnical Stability Exhibit are specified.under Rale 6.4 and 6.5 and
Rule 1.6.2(1)(b)of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required,
or would hie to schedule a pre-application meeting you may contact the Office at 303-866-3567.
-5-
Responsibilities as a Per-mittee:
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. Ifyoudo not
understand these obligations then please contact this Office for a full explanation.
S1, 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;
4'S 2. The Board may suspend or revoke this permit,or assess a civil penalty,upon a funding that the permitteeviolated
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;
_es 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.
Ks 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.
KS 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
�t -
9S 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 front 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 petmittee,to continue to pay your
annual fee to the Office until the Board releases you from your total reclamation responsibility.
10. For joint venture/uartnershiv 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.
Permit Condition: Please read and initial this condition, in the space provided, to acknowledge that you understand your
obligation. If you do not understand your obligation then please contact this Office for a full explanation.
4 . A reportable spill is a spill of any toxic or hazardous substance(including spills of petroleum products)within the
mined land permit area reportable to any Division of the Colorado Department of Public Health and the Environment,
the National Response Center, the Colorado Emergency Planning Commission, any local Emergency Planning
Commission,local Emergency Planning Committee,or the State Oil Inspector. The Mine Operator shall notify the
Division of Minerals and Geology (DMG)of a reportable spill within the mined land permit area using the same
timeframe required by the permit,license,notice,statute,rule or regulation governing the reporting of the spill to the
other appropriate agency. Notice of a reportable spill shall be FAXed to:Minerals Program Supervisor,Division of
Minerals and Geology,FAX(303)832-8106. The FAX shall include a call-back number of a responsible company
official for DMG staff to use as a contact.
NOTE TO COMMENTORS/OBJECTOR$
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 and 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.
` 71 !q O -/& o RECEIVED
- / - , - DEC 022003
Certification: Division of Minerals and GzcicOv
As an authorized representative of the applicant,I hereby certify that the operation desaibed has met the minimum
requirements of the following terms and conditions:
1. 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 34-32.5-115(4Xe),C.RS.).
2. No mining operation will be located on lands whore such operations are prohibited by law(Section
34-32.5-115(4)(f),C.R.S.;
3. As the applicant/operator,Ida 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
34-325120;C.RS.)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 we punishable as a Class 1 misdemeanor pursuant to Section 18-8-503,C.R.S.
e
Signed anddatedthis O day of October 2003 • S .:�6C.«1 v
`u : Y•..
Twin Peaks Excavating, Inc. If Corporation Attest(Sea1Z''.
Applicant/Operator or Company Name a Se
pD c �/J ...----
Signed:
E 'd• SoJdQll.L/ - Signed:
K neth L. Schell
to Secretary or Equivalent
Title: President Tawn/City/CamtyClerk
State of Colorado )
)ss
County orthStanlarf.- )
The iostnumenct was a�d�m� owl 4z foregein edged aemethis day of October 2003
by VIA*so .tti 1. ` )(1/Li JJ as ViThi ol-L44- of '‘.._ t „✓2tU
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Igr:2NOTARy _
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i F ion expires: /ws
SIGNATURES MUST BE IN BLUE INK
ar:'twao®rmaeonn me(tatsrmvp
EXHIBIT A
(OLSON-DMG PERMIT BOUNDARY)
LEGAL DESCRIPTION:
Description of a parcel of land located in the NE 1/4 of Section
20, and in the SE 1/4 of Section 17, all in T 2 N, R 68 W of the
6th P.M. , County of Weld, State of Colorado, being more
particularly described as follows: Considering the East line of
the SE 1/4 of said Section 17 as bearing NOO°25'35"W and with all
bearings contained herein relative thereto;
Beginning at the Northeast Corner of said Section 20;
Thence SOO°14'01"W, along the East line of the Northeast 1/4 of
said Section 20, 1328. 19 feet to the Southeast Corner of the
Northeast one-quarter of the Northeast one-quarter of said Section
20;
Thence N89°48 '37"W, along the South line of the Northeast one-
quarter of the Northeast one-quarter of said Section 20, 1330.78
feet to the Southwest Corner of the Northeast one-quarter of the
Northeast one-quarter of said Section 20;
Thence N00°14' 30"E, along the West line of the Northeast one-
quarter of the Northeast one-quarter of said Section 20, 836.78
feet;
Thence N79°13'02"E, 164.83 feet;
Thence 579°50' 46"E, 173. 16 feet;
Thence N11°36' 57"E, 1427. 61 feet;
Thence N38°32'42"E, 350.00 feet to a point on the Southwesterly
right-of-way line of the Burlington Northern Railroad;
Thence S51°27'18"E, along the Southwesterly right-of-way line of
the Burlington Northern Railroad and parallel with the centerline
of said railroad, 625.00 feet to a point on the East line of the
Southeast one-quarter of said Section 17;
Thence SOO°25'35"E, along the East line of the Southeast one-
quarter of said Section 17, 795. 99 feet to the point of beginning.
CONTAINING 52.74 Acres, more or less.
Revised May 14, 2003, by Robert M. Sayre, Colorado Registered Land
Surveyor No. 11372, from mapping by Ronald W. Adams, RLS 13446,
Job No. 580-2312 dated February, 1980.
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