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Home My WebLink About20120261.tiff STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 1313 Sherman St.,Room 215 Denver,Colorado 80203 nOLORADO Phone:(303)866-3567 FAX:(303)832-8106 John W.Hickenlooper Governor Mko King Executive Director Notice of 112c Construction Materials Loretta E.Pineda Financial Warranty Reduction Request Consideration Director DATE: January 12, 2012 TO: 35 ti Weld County Commissioners I7<1 t ..trn County Commissioner tZ z 3G 915 10th St U) Greeley, CO 80631 LtS < •0 rn mr FROM: Eric C. Scott, Environmental 4otEtion Specialist v tas JD.< RE: L.G. Everist, Incorporated, Ft. Lupton Sand and Gravel Mine, Permit No. M,-1999-1X Please be advised that on January 11, 2012, L.G. Everist, Incorporated, whose address and telephone number are 7321 E. 88th Ave., Ste 200 , Henderson, CO 80640; (303) 286-2247, submitted a request for financial warranty reduction 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 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. PP, Pt QC iieu% /- 05 l a- 2012-0261 1 .3D 13- Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines RECEIVED CONSTRUCTION MATERIALS SEP 2 9 2004 '7 REGULAR(112)OPERATION RECLAMATION PERMIT APPLICATION FORM we'''.Division of Minerelsand Geology CHECK ONE: There is a File Number Already Assigned to this Operation Permit# M - (4'4-(a�— (Please reference the file number currently assigned to this operation) New Application(Rule 1.4.5) X Amendment Application(Rule 1.10) � Conversion Application(Rule 1.11) M-I t q{— ` ✓ Permit# M - - - (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 6.5(Geotechnical Stability Exhibit;and(3)the application fee. When you submit your application, be sure to include one (I) 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. I. Applicant/operator or company name(name to be used on permit): t_. 6. E(v)CQ lvCl/ /NC .---- 1.1 Type of organization(corporation,partnership,etc.): CPMDPATI t 1.2 I.R.S.Tax I.D.No.or Social Security Number: 2. Operation name(pit,mine or site name): !RAT L.o app , is 6£Ave-_Mt Are- 3. Permitted acreage(new or existing site): U permitted acres 3.1 Change in acreage(+) 2. Z I acres 3.2 Total acreage in Permit area 29 7 acres 4. Fees: 4.1 New Application $2.344.00 application fee 4.2 New Quarry Application $2.906.00 quarry application 4.4 Amendment Fee $1,938.00 amendment fee 4.5 Conversion to 112 operation(set by statute) $2,344.00 conversion fee 5. Primary commodities)to be mined: �(L re,I 5.1 Incidental commoditie(s)to be mined: 1. -- Ibsfrons/vr 2. / lbs/Tons/yr 3. / Ibs/Tons/vr 4. / Ibs/fons/vr � 5. / lbs/rons/yr 5.2 Anticipated end use of primary commoditie(s)to be mined: C.O11,S'/, 1/41 oX._ AiY'rett a.+Q--- 5.3 Anticipated end use of incidental commoditie(s)to be mined: 11 �t ,! 1 J � wi Q ami(‘-f 0 Ai t! ki -2- 6. Name of owner of subsurface rights of affected land: P(--cASE E pee_ TCl FY Mii&T U 1f 2 or more owners,"refer to Exhibit O . O 7. Name of owner of surface of affected land: P1€Pr C /2EF jt. t FXH16l r O 8. Type of mining operation: X Surface Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: WE 1), PRINCIPAL MERIDIAN(check one): ./ 6th(Colorado) 10th(New Mexico) Ute SECTION(write number): S �≥V TOWNSHIP(write number and check direction): T 2 North _South RANGE(write number and check direction): R COP _East X West QUARTER SECTION(check one): NE ,,NW SE SW QUARTER/QUARTER SECTION(check one): X NE NW SE SW GENERAL DESCRIPTION:(the number of miles and direction from the nearest town and the approximate elevation):QpffDXIMATEI Z Mit.Fs Al"/t,'& eF CiTY OF {ti- &PMA1 41,pttx,.nATELY 98717 FEET ABOVE SEA t_tITL�. 10. Primary Mine Entrance Location(report in either Latitude/Longitude or UTM): Latitude/Longitude -7 Latitude(N): deg / V min 0 / sec 00 OR Latitude(N) (5decimal places) /�L / Longitude(W): deg /07 min Si sec±.5_1Longitude(W) (5 decimal places) Universal Tranverse Mercator(UTM) UTM Datum(specify NAD27,NAD83 or WG5 84) Zone Northing Easting 11. Primary future(Post-mining)land use(check one): _ Cropland(CR) Pastureland(PL) General Agriculture(GA) Rangeland(RL) Forestry(FR) Wildlife Habitat(WL) Residential(RS) Recreation(RC) Industrial/Commercial(IC) 1C, Developed Water Resources(WR) _ Solid Waste Disposal(WD) 12. Primary present land use(check one): Cropland(CR) _ Pastureland(PL) General Agriculture(GA) Rangeland(RL) Forestry(FR) Wildlife Habitat(WL) Residential(RS) _ Recreation(RC) _ Industrial/Commcrcial(IC) Developed Water Resources(WR) 11 y 13. Method of Mining: Briefly explain mining method(e.g.truck/shovel): iTJ W 1U It. detoa+cs><tJ Amy d r t ; -tw;v ;-s htac II t ,&e Glad 441Can aitf /r Al nvl fo iy-tr.ic. a, /a- Get, .s A lra'Apof4 * rocaani p1A +, �/ -3- 14. Correspondence Information: APPLICANT/OPERATOR (name,e, address,and phone of name to be used on permit) Contact's Name: C. A. CV QkS7 t Title: --PQ.ES I DEALT Company Name: IS... Ei . EVEZIcST1 Street/P.O.Box: 73 2.1 E 48"-i-s-Ave / v.T6 2"O P.O.Box: City: 1-44g\i nee.SsN State: COLMY Zip Code: des 410 Telephone Number: f 3 0 3 )- 'Z 8'7 . ./1675-1,0 .Fax Number: f 3 )- 2,a I -/c3lie PERMITTING CONTACT (if different from applicant/operator above) p Contact's Name: PAUL- F( ES-So Title: Pee/Ne-t PAL— Company Name: gps.A.hts SG , - Street/P.O.Box: 72A3 rl.IPUAJ ST1 sh/ITE (f7 P.O.Box: City: (�A Lce(,JDo fb State: W(•-t G L Zip Code: (Sr 2-'15 Telephone Number: f . 7�Ta� )- Z 7 y- '/2-7 7 Fax Number: ( dv3 )- Z[ y 2 INSPECTION CONTACT Contact's Name: LF'/ Ar'AJ MIA Title: EE4 f LAM/e V A ''- Company Name: 1— . t'i • E tl ele (t� I /Alt • Street/P.O.Box: 7321 E 00 N1 &V 207) P.O.Box: City: b-I EA)DERrSW State: COL-a MtKm, / Zip Code: Lk 10qG Telephone Number: f , �� )- ZO 6 IV/7 Fax Number: ( ,3 0 J )- 289- /3 yR cc: STATE OR FEDERAL LANDOWNER(ifanv) Agency: Street: City: State: Zip Code: Telephone Number: f )- CC: STATE OR FEDERAL LANDOWNER(if any) Agency: Street: City: State: Zip Code: Telephone Number: ( )- -4- 15. On Site Processing: X Crushing/Screening ^,,��p �..�x 13.1 Briefly explain mining method(e.g.truck/shovel): ZA1� MA`(e&t FkL. WILL. Be ciCUSket /410) S(DtTel U$I/JE7 Vlkela)S SGCEENS MVn &. J5+(f2. List any designated chemicals or acid-producing materials to be used or stored within permit area: A/CA./E. ii/V It `(,mot PATO, 16. Description of Amendment or Conversion: If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s). I1()t)1NE7 ZIZ- ACA-&-'s 'to PEe,&JT JAW —Cc, nJCtc S -- MiAii/J6-7 (LeRE2veS PAN ea>C.-DP ADI5rrta dM__ t.tA1ub WATet &Ta-44C,,C erctERV0Z. 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 I.6.2(I)(b): EXHIBIT A Legal Description EXHIBIT B Index Map EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands EXHIBIT D 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 M Other Permits and Licenses EXHIBIT N Source of Legal Right-To-Enter EXHIBIT O Owners 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 Conservation District EXHIBIT R Proof of Filing with County Clerk or Recorder EXHIBIT S Permanent Man-Made Structures Rule 1.6.2(0(b) ADDENDUM I -Notice Requirements(sample enclosed) Rule 6.5 Geotechnical Stability Exhibit(any required sections) - 5- The instructions for preparing Exhibits A-S,Addendum 1,and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.6.2(1)(6)of the Rules and Regulations. I f 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 not understand these obligations then please contact this Office for a full explanation. 6I. 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; 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; 1/( ) 6. Upon permit issuance and prior to beginning on-site mining activity,you must post a sign at the entrance of IILYYY 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. -6- . 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 ofJuly 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 s 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. Permit Condition: 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/OBJECTORS: It is likely there wilt 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. -7- 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: 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(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,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 34-32-123,C.R.S. �,� /-��/�j Signed and dated this 3 day of I"' , aw4 Lr CAST NC. If Corporation Attest(Seal) Applicant/ r or Company Name • 7 Signed �� • Signed:a Corporate Secretary or Equivalent Title:�'�✓� �� Town/City/County Clerk State of (0411_A-bb ' A-bb ) AA )ss. County of A �.Ji.�..,c.. The r, f�oi/ng i�nstrurrent was acknowledged befi e me this d3 day of _,by Y)ICk(i?f / f')iidS as • ' ;Auk— %of? . ' ').i Itt . f e , t ;r Notary ' .)C-. Op� My Commiss/. •fl.l-...1.. (Q. .20)0 Ity Combats Eipbeulaa �i008 SIGNATURES MUST BE IN BLUE INK M:NtinuhareAvsfomist'onsmrc,ion I I2.doc(07/28/2004) 04004 Banks and Gesso, LLC Exhibit A—Legal Description Lot Nos. 1,2,3 and 4, located in the N ''A of the NW 'A, and Lot No. 6, located in the SW 'A of the NE '/.,of Section 30, Township 2 North, Range 66 West, 6th P.M., County of Weld, State of Colorado; Also, Lot No. 3, located in the E /2 of the NE % of Section 25, Township 2 North, Range 67 West, 6th P.M, County of Weld, State of Colorado; All platted as The Lupton Meadows Land Co. Division No. 3, showing Subdivisions of Sections 24-25-19 & 30 of Township 2 North, Ranges 66 and 67 West, Weld County, Colorado. Identified by Weld County Assessor's Office, as of September 3, 2004, as: Parcel No. 131125002002, owned by Gary L. and Gloria Swingle; Parcel No. 130930000075, owned by Randall Panowicz; Parcel No. 130930000076, owned by Kevin E. and Rebecca L. Parker; Parcel No. 130930000073, owned by Corner and Julane M. Hill Living Trust; Parcel No. 130930000074, owned by Comer and Julane M. Hill Living Trust; Parcel No. 130930000070, owned by Judy Oakely; Parcel No. 130930000002, owned by Steven Eber and Suzan Folletz; Parcel No. 130930000068, owned by I.L. / R.M. Golden Properties, LLC; and Parcel No. 130930000051, owned by I.L. I R.M. Golden Properties, LLC. Fort Lupton Sand and Gravel Mine—L.G.Everist,Inc. September 20,2004 Amendment to Permit No M•I999.120 Page 3 sirt "--) 40 L �. 4.,,tr 4 N -.„\ .„.. • / ebha '1(45 ‘ 24 ' it ;Ir gyp " ii 114 Q t• • s •o a' 20 Amendment Area 3 ,4, �' • " • *tameopiakss N4 ‘k, n ..tal#ell % 4 . Weld County Rd. 18 in cia • 4 '; au I i i '4rr • j 7CD IP sr _, _.,:�4- � f 'f IV I. ,k, _ter° # '1WOO' r I. N • I ft • r • 1 1 . st Ht 2a • .. . .1' rr fr a 404111 • r • • i I. li. i 31t / 4 ia- dn. - Wiellillin • _•. t •' • 47 �. . a ! ► Scala: 1'`32000' � �,79, at. fta i I Subject site located in i_ ft r' !1 �„ !- Sactlon 30. Towrnshlp 2 • + . i hi ' / North. Ran9a 66 W. and , ,r" ,... Section 25, Township 2 � ow : . ti North Ranp 67 W I +� 6th P.M. I Wald County, Colorado I kl 7 Banks & Gesso, LLC Exhibit B: Index Map r a 720 Kipling , Suite 117 s L.G. Evedst - Fort Lupton Mine Lakewood , CO 80215 DM6 Permit #M-1999-120-AM1 banksandgesso.com 1/19/04 04004-212 Hello