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HomeMy WebLinkAbout20122004.tiff STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources WELD COUNTY COLORADO 1313 Sherman St.,Room 215 COMMISSIONERS Ptu t SION OF Denver,Colorado 80203 RECLAMATION Phone: (303)866-3567 MINING FAX: (303)832-8106 2012 JUL 30 A II: Olt -&- �•• �• SAFETY RECEIVED E C E I •V E D John W.Hickenlooper Governor July 25,2012 Mike King Executive Director Loretta E.Pineda Director Weld County Commissioners County Commissioner 915 10th St Greeley, CO 80631 RE: Notice of 112 Construction Materials Reclamation Permit Amendment Application Consideration L.G. Everist, Inc.,Ft. Lupton Sand and Gravel Mine, Permit No. M-1999-120 Please be advised that on July 24, 2012, L.G. Everist,Inc.,whose address and telephone number are 7321 E. 88th Ave., Ste 200 , Henderson, CO 80640; (303) 287-4656, filed an Amendment application to M-1999- 120, Ft. Lupton Sand and Gravel Mine, which is located at or near Section 30, Township 2N, Range 66W, 06th Prime Meridian, in Weld County. The application decision is scheduled for October 22, 2012. A copy of the application is available for review, unless you receive a CD, at the Weld County Clerk & Recorder's office and at the office of the Division of Reclamation, Mining and Safety, Room 215, 1313 Sherman Street,Denver, Colorado 80203. If you desire to make comments or objections of the mine plan and/or the reclamation plan, they must be submitted within twenty (20) days of the date of the last newspaper public notice to be considered in the application review process by the Division. You should contact the applicant for the newspaper publication date. If we do not receive your comments or any objection by the end of the public comment period, the Office will assume you have no objection or comment to the proposed activity. If you have any questions,please contact me. Sincerely, 404- IG(4*V Eric C. Scott Environmental Protection Specialist PPL.buG OA U/. (\" ' 2012-2004 $- ic-13 '7- '�� "l • Office of Office of Mined Land Reclamation Denver•Grand Junction•Durango Active and Inactive Mines L.G. EVERIST, INC. SAND ROCK is wre'+ti 'hN FORT LUPTON SAND AND GRAVEL MINE PERMIT # M-1999-120 WELD COUNTY, COLORADO Regular 112 permit - Amendment March 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 51A1 t UI- LULUIV\UU- DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 1313 Sherman St.,Room 215 Denver,Colorado 80203 COLORADO CONSTRUCTION MATERIALS DIVISION OF Phone:(303)866-3567 RECLAMATION FAX:(303)832-8106 REGULAR(112)OPERATION MINING RECLAMATION PERMIT APPLICATION FORM SAFETY Bill Ritter,Jr. CHECK ONE: There is a File Number Already Assigned to this Operation Governor Harris D.Sherman Permit# M - - (Please reference the file number currently assigned to this operations ecutive Director New Application(Rule 1.4.5) J✓-_Amendment Application(Rule 1.10) Ronald W.Cattany Division Director r�~_Conversion Application(Rule 1.11) Natural Resource Trustee Permit# M -1999 _120 - (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): Fort Lupton Sand and Gravel Mine 3. Permitted acreage(new or existing site): 256.0 permitted acres 3.1 Change in acreage(+) 698.90 acres 3.2 Total acreage in Permit area 954.90 acres 4. Fees: 4.1 New Application awn application fee 4.2 New Quarry Application A3 ia011 quarry application 4.4 Amendment Fee $2,229.00 amendment fee 4.5 Conversion to 112 operation(set by statute) 13594101.00 conversion fee 5. Primary commoditie(s)to be mined: Gravel Sand 5.1 Incidental commoditie(s)to be mined: 1. - lbs/Tons/yr 2. / lbs/Tons/yr 3. / lbs/Tons/vr 4. / lbs/Tons/vr 5. / lbs/Tons/yr 5.2 Anticipated end use of primary commoditie(s)to be mined: Specification aggregates 5.3 Anticipated end use of incidental commoditie(s)to be mined: Office of Office of Mined Land Reclamation 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) I Oth(New Mexico) ' Ute SECTION(write number): s 30 TOWNSHIP(write number and check direction): T 2 ✓ North South RANGE(write number and check direction): R 66 i East West QUARTER SECTION(check one): NE v NW SE SW QUARTER/QUARTER SECTION(check one): I NE II/ 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: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude(N): dcg 40 min 06 sec 58 64 (2 decimal places) Longitude(W): deg 104 min 49 see 36 06 (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) Nad 83 Zone 13 Easting Northing -3 - I l. Correspondence Information: APPLICANT/OPERATOR (name,address,and phone of name to be used on permit) Contact's Name: Dennis L. Fields Title: Vice President Company Name: L.G. Everist, Inc. Street/P.O. Box: 7321 E 88th Ave., Suite 200 P.O. Box: City: Henderson State: CO Zip Code: 80640 Telephone Number: (303 )_ 287-4656 Fax Number: (303 1- 289-1348 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Steve O'Brian Title: President Company Namc: Environment, Inc Street/P.O. Box: 7985 Vance Dr. #205A P.O. Box: City: Arvada State: CO Zip Code: 80003 Telephone Number: (303 )- 423-7297 Fax Number; 303_)_ 423-7599 INSPECTION CONTACT Contact's Name: Lynn M. Shults Title: Regulatory Manager Company Name: L.G. Everist, Inc. Street/P.O. Box: 7321 E 88th Ave., Suite 200 P.O. Box: City. Henderson State: CO Zip Code: 80640 Telephone Number: (303 ). 286-2247 Fax Number: (303 - 289-1348 CC: STATE OR FEDERAL LANDOWNER(if any) Agency: Street: City: State: Zip Code: Telephone Number: ( )- CC: STATE OR FEDERAL LANDOWNER(if any) Agency: Street: City: State: Zip Code: Telephone Number: ( )- -4- 12. Primary future(Post-mining)land use(check one): I_1 Cropland(CR) I Pasturcland(PL) I I General Agriculture(GA) 11 Rangeland(RL) [ I Forestry(FR) Wildlife liabitat(WL) II I Rcsidcntial(RS) I Recreation(RC) lI Industrial/Commcrcial(IC) _ ✓ Developed Water Resources(WR) Solid Waste Disposal(WD) 13. Primary present land use(check one): ElCropland(CR) Pastureland(PL) General Agriculture(GA) r'^^� I I Rangeland(RL) Forestry(FR) TI''7l Wildlife liabitat(WL) EdResidential(RS) Ei Recreation(RC) EI Industrial/Commercial(IC) Developed Water Resourees(WR) 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. IS. On Site Processinv: H. Crushing/Screening 13.1 Briefly explain mining method(e.g.tntck/shovel): Material is processed into specification aggregates using crushers, and screen plants List any designated chemicals or acid-producing materials to he used or stored within permit area: None 16. Description of Amendment or Conversion: If you arc 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 L6.2(1)(b): EXHIBIT A Legal Description EXHIBIT B Index Map EXHIBIT C' Pre-Mining and Mining Plan Map(s)of Affected Lands EXHIBIT I) Mining Plan EXHIBIT Reclamation Plan EXHIBIT F Reclamation Plan Map EXHIBIT Ci Water Information EXI IIBIT H Wildlife Information EXHIBIT I Soils Information EXHIBIT I Vegetation Information EXHIBIT K Climate Information EXHIBIT L Reclamation Costs EXHIBIT M Other Permits and Licenses LXI IIBIT N Source of Legal Right-To-Enter EXHIBIT O Owners of Record of Affected Land(Surface Arca)and Owners of Substance to be Mined EXHIBIT P Municipalities Within Two Miles EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District EXHIBIT R Proof of Filing with County Clerk or Recorder EXHIBIT S Permanent Man-Made Structures Rule I.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 arc specified under Rule 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 nop nderstand these obligations then please contact this Office for a full explanation. fp' L 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; -6 - 2. The Board may suspend or revoke this permit, or assess a civil penally, 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; '''D 5. It is your responsibility to notify the Office of any changes in your address or phone number; Y 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 arc clearly visible and adequate to delineate such boundaries prior to site disturbance. 3 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 I, 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 permitter,to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. NA 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. • - 7 - 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. - 8 - 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 tiled,and located within 200 feet of the proposed affected area have been identified hi 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 Constriction Materials (Section 34-32.5-I 20, 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,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. l 7",.., r� w�� , 2/2/z Signed and dated this day of \/ L.G. Everist, Incorporated if Corporation Attest(Seal) Applicant/Operator or Company Name Signed: v .-� 4 - -;gn • ,a/In[/t. ( J(.l�LN1 �'' Corporate Secretary or Equivalent Title: Vice President esn Town/City/County Clerk C.01-012.466) State of (7 ,6) ) .-� ) ss. County of 14/614S ) The foregoing instrument was acknowledged before me this day of FE--O REAR,V J ZPI ,by Dennis L. Fields as Vice President Of L...O.. Everist, Incorporated LYNN MAYER SHULTS Nota ublic NOTARY PUBUC STATE OF COLORADO My Commission expires: 0/ ate.. r3 SIGNATURES MUST BE 1N 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 Exhibit A LEGAL DESCRIPTION Parts of Section 19, 30 & 31, Township 2 North, Range 66 West and parts of Sections 25 , & 36, Township 2 North, Range 67 West, 6th Prime Meridian, Weld County, Colorado, containing 954 . 90 acres more or less . EXISTING MINE FT. LUPTON SAND AND GRAVEL MINE - M-1999-120 The NW/, of Section 30, T-2-N, R-66-W, and The E,ANE/,, and parts of the NE'/,NW'/, and SE'/,SW'/, of Section 25, T-2-N, R-67-W, 6th P.M. , Weld County, Colorado. Containing 256 . 0 acres more or less . NEW PARCELS AUDE0 TO PERMIT LUPTON MEADOWS RESERVOIR - M-2002-104 All of the SW'/,SW'/„ & NW'/,SW'/, and parts of the SW'/,SE'/,, NE'/,SW'/, & SE'/,SW'/, of Section 30 , and Parts of the SW'/,NE'/,, and NW'/,NE'/, of Sec- tion 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'/,SW'/, 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 NE'/,NE'/, SE'/,SE'/, AND NW'/,SE'/,, Section 25 . T-2-N, R-67-W, 6th P.M. , Weld County, Colorado. Containing 85 . 37 ac . more or less . LOT B TRACT Part of the SW'/,SE'/, and SE'/,SW'/,, Section 25 . T-2-N, R-67-W, 6th P.M. , Weld County, Colorado. Containing 57 .26 ac. more or less . FUNAKOSHI TRACT The NW'/,NE'/, and Parts of the NE'%NW1/,, 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'/INW'/,, Section 31, T-2-N, R-66-W, 6th P.M. , Weld County, Colorado. Containing 39 . 82 ac . more or less . PARKER TRACT The WNW'/, and parts of the SE'MNW'/,, Section 31, T-2-N, R-66-W, and The E;4NEM and parts of the SW'/,NE'/„ Section 36, T-2-N, R-67-W, 6th P .M. , Weld County, Colorado. Containing 220 . 50 ac . more or less . 1 c, attilsis _ aaso a� I : ' \ ° 4983. • Weir' , .:, iszec .. .. - . • oI 85 • ;,` irks i 19 4880 v.. tt .. \ •- • 488? - a )' a Well We11 .4B7e r u, , ' Blue Rif?bon r ' 0. ;' `- r . r‘ , , 0l _ 0 §5.62 AC. ,:t:' /O ‘‘ Q c / o ..._•. . Sa _ Hill .,k7...._7,92• 1. • '' ,Siphon Flume; . • • •, • S4 49e1 (�/S'�'' i t'NORTH ENTRANCE 040° 06' 58.64" N 104° 49' 36.06" W i .i .� - F-_._._..d ° -` 1 Ft. Lupton Sand ana�Gravel Mine — •,• i, • i ) • , 256.Q AC. PERMIT #M•1999.120 l ~X950 • i ; / \ ►��Q fl: ° l 1 r < °J l o ° \ o ---o\r i I o� 0 y ff - ✓ •h, •: 29 ll o •--- - ---i ( • 9 - 1 yincent • - r $5.37 AC. °. _ / 1 — o ` it e q ..- t, ((/ Lu '%or{ Meadows Rese • ,i4 _ \ . p • _.0_,. ° l Lot$ • / .7,�C .`- o e , __�- i I - 5/: IT # M�1001.104 �yQ If pa • • r .....� • • 100 . \-5 Funakoshi �A ' ' ` Adams 1 I r• • ° f ; 44.42 AC. Parcel A 39.82 • 39A�) I r �. 5.19 AC. !1 f ' ' 2r ' I o o-.._..Parker?*2.50 AC i I 1 . I , . \ i i , . i i-ItSistat • - .ter.__ • '� I ek • ' - 'SOUTH ENTRANCE 040° 05' 40.41" N 104° 49' 48.17" W I I 'C. I.. 1 32 I ° •• • .1_ ^ - S . • I I 1 • . • '• / y , 0 _ I C il '1 _ .. LaINCOSt ` Ar / FFiresFires1 • . f� 10 , ::p 5 ationiIAy' 1. ._. ,,...>I' . . Nti . \ 4 i • et : }, 2 ! ? . 493? ° LJ� � w �I 4 I•�� : , 11 • _-_ ' .•YYT I •f /� �, , • . •; 4907 I TatfrkDE1 s /Declination f r ' rill .`' � ;� - J � :,,•�.�..� Fort 7Pearson � � � �• �..�..-.....Park •.........a gM C _9e l 1893 73- , •1 4897i� �� , 'I �: : . - � . - � ( % . E� qtr •II I I}1j� o - 11 ; MN 9131101' E il on A A A `High ,o Copyright (C) 2008, MyTopo Name: FORT LUPTON LOCATED IN PARTS OF , SECTIONS 19, L.G. EVERIST, INC. (CO) 30 & 31 , T-2-N, R-66-W, AND PART OF Date: 03/14/12 SECTION 25 & 36, T-2-N, R-67-W, 6TH FT. LUPTON SAND AND GRAVEL MINE Scale: 1 inch = 2,000 ft. P.M., WELD COUNTY, COLORADO MAP EXHIBIT B - VICINITY MAP Hello