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HomeMy WebLinkAbout20122084.tiff STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY �1 Department of Natural Resources :NEB COUNTY I 1313 Sherman St.,Room 215 Cr:11,,,, rl L S NERS Denver,Colorado 80203 COLORADO D I V I S ION OF Phone:(303)866-3567 ZOIZ AUG -b A ID 32 RECLAMATION FAX:(303)832-8106 MINING RECEIVED SAFETY John W.Hickenlooper Governor Mike King Notice of 1 12c Construction Materials Executive Director Reclamation Permit Partial Acreage Release Request Consideration Loretta E.Pineda Director DATE: August 2, 2012 TO: Weld County Commissioners County Commissioner 915 10th St Greeley, CO 80631 FROM: Peter S. Hays, Environmental Protection Specialist RE: Aggregate Industries - WCR, Inc., E 8th Street Operation, Permit No. M-2000-082 Please be advised that on July 19, 2012, Aggregate Industries - WCR, Inc., whose address and telephone number are 1707 Cole Blvd., Ste. 100 , Golden, CO 80401; (303) 985-1070, submitted a request for partial acreage release for the E 8th Street Operation, Permit No. M-2000-082. The construction materials extraction operation is located at or near Section 4, Township 5N, Range 65W, 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. L.. 47t.iC %'kvft&1u Yo - 13 1 .a 2012-2084 Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines • • • • ►S7 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY ut of Natural Resources 1313 Sherman St.,Room 215 Denver.Colorado 80203 Oh Phone:13031866-3567 t�FGE1VED MINERAL 51 FAX.1103)832-8106 ZQQQ EOLOGY CONSTRUCTION MATERIALS 'i INING"•sAFE°rY REGULAR(112)OPERATIONOivi5i0�DI minelal5���� RECLAMATION PERMIT APPLICATION FORM Bill Owens Governor Gres;E.Watcher E,ecuuve Director CHECK ONE: New Application(Rule 1.4.5) Amendment Application(Rule 1.10�11 chael B.Lonq PP PP Owisiw Doeaw `nConversion Application(Rule 1.11) Permit t M fiton./ O a (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 ofExhibit6.5(Geotechnical Stability Exhibit;and(3)the application fee. When you submit your application,be sure to include one(1)complete signed and notarized IVORY ORIGINAL and four(4)copies of the completed jvory application form,five(5)copies of Exhibits A-S,Addendum I,appropriate sections of 6.5(Geotechnical Stability Exhibit,and a check for the application fee described under Section(4) below. Exhibits should NQt be bound or in a 3-ring binder;maps should be folded to 8 1/2"X 1 I"or 8 I/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. CAMMAS ate r-.o, L. 1. Aonliant/operator or comoanv name(tame to be used on oermitl: tpw ir, i.d,,({vie. 1.1 Type of organization(corporation,partnership,etc.): parr.4ov. � 1� 1.2 I.R.S.Tax LD.No.or Social Security Number:2. Operation name fait,mine or site name): cL- + DI+`r�n'�-;en 3. Permitted acreage(new or exiting sitel: I/n C 1.p 1 permitted acres 3.1 Change in acreage(+) G.O acres 3.2 Total acreage in Permit area acres 4 fm: 4.1 New Application 51.875.00 application fee 4.2 New Quarry Application 52.325.00 quarry application 4.3 Milling Application(Non-DMO) 53.100.00 milling application 4.4 Amendment Fee $1,550.00 amendment fee 4.5 Conversion to 112 operation(set by statute) 51.875.00 conversion fee 5. Primary commoditie(s)to be mined: S..A.$ £ .4 5.1 Incidental cc nmoditie(s)to be mined: 1.6.,4,0e.- 16 Soo Ibs/fons/vr 2D.j.A3 i' L. `1 twilbs/Fons/vr 3. / Ibs/fons/vr 4. / Ibs/Tons/vr 5. t •, 1 Ibs/fons/v s/ 5.2 Anticipated end use of primary commoditie(s)to be mined: ion o e I'tr tpi:aki 5.3 Anticipated end use of incidental commoditie(s)to be mined: ii.waa.rwlr:on - z - C Lei As coy>r.Je,; its � 6. Name of owner of subsurface rights of affected land: /`fr�,(e�f� !AJ +r:j We& l if 2 or more owners."refer to Exhibit O". / Q JJ' iGn, Sys 7. Name of owner of surface of affected land: (9 reeAi UtdaN £njaeI i 7.1 Names of the holders of any recorded easements on the affected land: %. Tine of mining operation: Y Surface Underground 9. Location Informatiioj : The enter of the area where the majority of mining will occur: COUNTY: 1&LI L PRINCIPAL MERIDIAN(check one): 6th(Colorado) 10th(New Mexico) _Ute SECTION(write number): S TOWNSHIP(write number and check direction): T S .k North �/_South X_RANGE(write number and chock direction): R 6o5 East West QUARTER SECTION(check one): _NE _NW _SE X 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): S•E . Co RN FrL_ o 1= 44 c 8 µSiR•6ec £ A5h1'/ G12EE+4.-Y/ CO EL tsv Arraoeu IS d C3 o FT. 10. Primary future(Post-mining)land use(check mu): - Cropland(CR) _ Pastureland(PL) , GeneralAgriculmrc(GA) _ Rangeland(RL) _ Forestry(FR) _ WildlifeHabitat(WL) Residential(RS) Recreation(RC) _ Industrial/CommerciagIC) RECEIVED _ Developed WaterResources(WR) _ Solid WasteDisposal(WD) JUL 10 2800 II. Primary present land use(check one); Division of Minerals&Geobgy Cropland(CR) _ Pastureland(PL) _ General Agriculture(GA) - Rangeland(RL) _ Forestry(FR) Wildlife Habitat(WL) Residential(RS) _ Recreation(RC) Industrial/Commercial(1C) - Developed WaterResomues(WR) '/Y4 r 12. Method of Mining: Briefly explain mining method(e.g.truck/shh7owvell),: a a,el del rtvn. Tap lo i F,er .-J•+Lk c A465 ;at fn Lpt to y ,y N C4. le u,ys an-i.}e. 13. On Site 7Processing: -ear Cnrshing/Screening ze f 1 13.1 Briefly explain mining method(e.g.truck/shovel): I rvc�n/rslius.+,.� .Ae,l� GelAt •%r O `I, e.vc(tvel k&If Vr fit f.}C. 5 Avtl w 1� �c,N/iLr )V•0. Ca 4V(iteor (Q(l�wuY 1b 'h.A List any designated chemicals or acid-producing materials to be used or stored within permit area: 'e/0eiG - 3 - 14. Correspondence Information: APPLICANT/OPERATOR (name.address.and�1 ph of name to be used on permit) A I L Contact's Name: {,�/�I lee. /�B Title: ;,� 12S.den�f djj„W5 CA44OrodOa rlI c.o�w y'� Company Name: /4Ssre5a7e J.nCuS-}-nei—�A1G�i-(CP(Fn J %D .tit. Street: Z66S cis.] —Felker stoat lJ City: �Eh.roe� • State: (n le ra° Zip Code: 2b)i, Telephone Number: f 1- 11L - C%1) Fax Number: f ; 1- 110 ' Clan PERMITTING CONTACT (if different from applicant/operator above) Contacts Name: Title: Company Name: Street: City: State: Zip Code: Telephone Number. ( 1- Fax Number: ( 1- tNSPFCTION CONTACT Contact's Name: Title: Company Name: Street: City: State: Zip Code: Telephone Number. f 1- Fax Number: ( 1- CC: STATF OR FEDERAL LANDOWNER(if anvi Agency: Street: City: State: Zip Code: Telephone Number: ( )- re: STATE OR FEDERAL.LANDOWNER(if awl Agency: Street: City: State: Zip Code: Telephone Number ( 1-. 1111 • — 4 — 15. Description of Amen eat or Conversion: If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s). mops 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 Rnle 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 to include the location of any recorded easements 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 Infomution EXHIBIT K Climate Information EXHIBIT L Reclamation Costs EXHIBIT M Other Permits and Licenses EXHIBIT N Sonrce of Legal Right-To-Enter,to include holders of any recorded easements EXHIBIT 0 Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined,to include holders of any recorded easements EXHIBIT P Municipalities Within Two Miles EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Soil Conservation District EXHIBIT R Proof of Filing with County Clerk or Recorder EXHIBIT S Permanent Man•Made Structures Rule 1.6.2(I)(b) ADDENDUM I -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 Rule 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 like to schedule a pre-application meeting you may contact the Office at 303-866-3567. . r • - 5 - 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. // l� I. 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;e 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;e 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;e 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. (W 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. • • - 6 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 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 permittee, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. e✓ 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/QBJECTORS: 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. s • • • 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: 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 34-32.5-115(4Xe), 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 I misdemeanor pursuant to Section 18-8.503,C.R.S. o-r14 Signed and dated this 8 day of J _O o O . CAMAS &trmfrn Thc..atba- A r €SJ-Ci ern-i — If Corporation Attest(Seal) Applicant/Operator or Company game West- Ce-* J n _I.- - Sign Signed: tp� Corporate Secretary or Equivalent Title: UQ 212-,E. S i ✓>1NT Town/City/County Clerk State of t Y &I CL — ) )ss County of f r 561i-.. ) - The foregoing instrument was acknowledged before me th•is day of --IRAN E plouo • by r-nit t- C- i:EFe& as V. of 0411/4•1 „._ C�AQ�c1er��m •• a• Notary Public•� ' 1: ti' �l�) 4TE 01 My Commission expires: atiPtIPA (3(4(203 SIGNATURES MUST BE IN BLUE INK MWP4SNAREWSFORMS\2S23C01 LAPP 0210'99 ' 1I. EXHIBIT A - LEGAL DESCRIPTION December 13. 1999 PROPERTY DESCRIPTION: A parcel of land being Parcels C. D, F, and parr of Parcel G as indicated in that Land Survey Plat as recorded December 1, 1987 in Book 1178 as Reception Number 02122928 of the records of the Weld County Clerk and Recorder (WCCR) and being part of the South Half of Section Four (4), and part of the Northwest Quarter (NW 114) of Section Nine (9). all in Township Five North (T.5N.). Range Sixty-five West (R.65W.) of the Sixth Principal Meridian (6'" P.M.), County of Weld. State of Colorado the exterior boundary of which is more particularly described as follows: BEGINNING at the Northwest Corner of Parcel A as indicated on the aforesaid Land Survey Plat and assuming the West line of Parcels A and B as bearing South 00°46'23" West, recorded as South 00°45'51" West with all other bearings contained herein relative thereto: THENCE South 00°46'23" West alt)hg the West line of Parcels A and B a distance of 616.41 feet to the Northwest Corner of said Parcel C; THENCE South 39°32'01" East along the North line of said Parcel C a distance of 567.26 feet to the Northeast Corner of said Parcel C; THENCE South 00°28'47" West along the East line of said Parcel C and D a distance of 523.98 feet to the Southeast Corner of said Parcel D: THENCE North 89°29'21" West along the South line of said Parcel D a distance of 569.94 feet to the Southwest Corner of said Parcel D; THENCE North 00°46'23" East along the West line of said Parcel D a distance 290.53 feet to the Northwest Corner of said Parcel D, also being the Southeast Corner of said Parcel G; Thence along the South line of said Parcel G by the following Sixteen (16) courses and distances: THENCE North 89°29'36" West a distance of 620.33 feet; THENCE South 30°18'37" West a distance of 31.90 feet; THENCE North 59°41'23" West a distance of 132.63 feet; THENCE North 00°18'37" East a distance of 20.00 feet to the North Bank of the Cache La Poudre River: Thence along said North Bank by the following Three (3) courses and distances: THENCE North 87°21'23" West a distance of 337.89 feet: THENCE South 76°09'05" West a distance of 725.71 feet; THENCE North 76'52'14" West a distance of 68.53 feet: THENCE North 00°22'41" East a distance of 85.97 feet: THENCE North 88°58'07" West a distance of 217,00 feet: THENCE South 00°22'41" West a distance of 160.40 feet to the center line of the Cache La Poudre River as indicated on the aforesaid Land Survey Plat, Thence along said center line by the following Six (6) courses and distances: THENCE South 68°50'00- West a distance of [09.38 feet: THENCE South 31°40'00" West a distance of 217.00 feet: THENCE South 12°l0'00" West a distance of 215 00 feet: THENCE Saudi 24°30'0O' West a distance of 320.00 feet: THENCE South 45'30'00" West a distance of 178.00 feet; 6 I'Iti Irl IK:0V6, :•hmiu.e..n,d l.v HALEY Sc ALURICH THENCE South 71"00'00" West a distance of [ 17.84 feet to the Southwest Corner of said Parcel G. also being the Easterly Right-Of-Way (ROW) line of Sugar Factory Road: Thence along the West line of said Parcel G and Easterly ROW line of said Sugar Factory Road by the following Two (2) courses and distances: THENCE North 00°41'13" East a distance of 377.51 feet: THENCE North 00'58'13" East a distance of 311.34 feet to the Southerly line of chat parcel of land as described within that Warranty Deed as recorded in Book 1616 on Paee 313 of the record of the WCCR; Thence along the Southerly, Easterly, and Northerly line of the aforesaid parcel of land by the following Four (4) courses and distances: THENCE South 88°37'26" East a distance of 357.02 feet to the Westerly Bank of the Cache La Poudre River: Thence along said Westerly Bank by the following Two (2) courses and distances: THENCE North 13°15'12" East a distance of 3.83 feet, THENCE North 30"28'41" East a distance of 30.04 feet; THENCE North 88°37'26" West a distance of 372.64 feet to the West line of said Parcel G, also being the Easterly line of said Sugar Factory Road: Thence along the West line of said Parcel G, also being the Easterly line of said Sugar Factory Road by the following Six (19) courses and distances: THENCE North 00°58'l3" East a distance of 41.80 feet; THENCE North 09°44'09" East a distance of 166.29 feet; THENCE North 14°38 19" East a distance of 294.46 feet; THENCE North 19°53'01" East a distance of 67.65 feet: THENCE North 2759'02" East a distance of 291.21 feet: THENCE North 2 25°05'48" East a distance of 252.59 feet to the Southwest Corner of said Parcel F; Thence along the Westerly line of said Parcel F, also being the Easterly ROW line of said Sugar Factory Road by the following Four (4) courses and distances: THENCE continuing North 25°05'48" East a distance of 46.23 feet: THENCE North 11°17'04" East a distance of 90.55 feet; THENCE Noah 00°53'56" East a distance of 93.38 feet; THENCE North 51°39'10" East a distance of 29.95 feet to the Southerly ROW line of E. 8th Street, also being the Southerly ROW line of Colorado State Highway #263. Said point being the beginning of a curve. The aforesaid line being non-tangent to said curve; Thence along the Northerly line of said Parcel F and G, also being the Southerly ROW line of said E 8'" Street and Colorado State Highway #263 by the following Five (5) courses and distances: THENCE along the Arc of a curve which is concave to the South a distance of 880.36 feet. whose Radius is 6836.00 feet. whose Delta is 07"22'43". and whose Long Chord bears North 86°27'51" East a distance of 879.76 feet to the end point of said curve; THENCE South 87°12'06" East along a line non-tangent to the aforesaid curve a distance of 182.33 feet: THENCE South 85°54'41" East a distance of 550.00 feet: THENCE South 80°40'43" East a distance of 344.64 feet; THENCE South 78°45'00" East a distance of 337.00 feet to the POINT OF BEGINNING. Said described parcel of land contains 69.889 Acres. more of less (-) and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now esistirm on said described parcel of land. li d'1H°f('I\ Ylbi;(ircelto'Ucelet rim-m Acts do HALEY dr ALDRICH 4 I • • `` 11 1 32 ~ll I -----.,80__,,, / all i a. / �z I ' _ .. .n6a .-N r // I I • o III ac. 6`5D \�.. 4adj • I A L L I tk •. T.>.,-I °gi '• ii,4642 / J \~_ s: I � IJI I id ... " - _ BUSS 4fi66• I 41 er I 'I \\\--\...\---- {41 /'1 4 � a669 1 a Y I 466. F vv/OI ,` / I I °i .1 �`�\ 14660 Illpht LIM .4iii .\ _i_. i\ r e' nl \ 9 i744'1* F ...,�a111-fh� Sll��c rp S11-24. r3 _ o f I : .a'1�11�:�7 I + I Y l • ' c— . . ill:. : \54.krNm: ory •��• 46301 _ `•- LC�I®iF�"�< ,� B:,^5..4' �. 464I. OB -_ 14628 • / �� r '�• A Dor — 4 , tI A!vi.n1“ < 1,, 9 1It r[At rat I Kt���A. �� - B_i� J Ir- 1 1 I a i4 ••,.' 9r.•rr—rt.O C� I' Kt V I II :'l 2;,.r ' 'x' rt. I PROPOSED -ER air•littv' tre t- : .1•.;..-1,-..tn -s a ti _ - 'i';`,-.12.1•." .J'1r `• -2,re.C"' °1 • 'I_66; 7a2• _ I� 1 - r8 r i� 77 M Y - 2.p. \+ +III 7Th J%---- --\•. -' ,"••••*-..." �� 1 ! *!IIE! . -r• I1 .. Ir /� P 9 Ik. �. �` � ma ---44 10 C 4'1. I[ 4) ''r.. I y� '�. _ � railer B a: 86'!•5]• 7q+ _ ° ��B'�\�,4J1�» ,KS t≥ • rC - Pal. .• .,I.. —• .. / YII AgeF__ i�0 �N! - �° I • t i •- •--I t't'7iy BT L-_-! Gray 2 I • • • l— 'Trailer t'IT'D; I\\ ors II �� Park ' W S"9iY 1t �i'-: e"SI aI r-. B �_ 4647 _.n 9262 el Pp ID 1 O D L CAMAS/AGGREGATE INDUSTRIES, INC. HALEY& EAST 8TH STREET OPERATION 'L3 COLORADO ALDRICH GREECE,, COLORADO • ti EAST 8TH STREET OPERATION IQUAORANGLSLOCAjION EXHIBIT B - INDEX MAP p g:,LR JND 0 mncL ENVIRONMENTAL 'Dr BASE MAP EAKENI r40n USGS. L5 GREELEY, CO QUADRANGLE 11990, SOLUTION' r SCALE. V=2000' JUNE 2000 FICUP.E 8-I RECEIVED SRs JUL 1 2012 July 17, 2012 Division of Reclamation, Mining&Safety Mr. Tom Kaldenbach +,. AG Division of Reclamation, Mining and Safety • ` x EGATE 1300 Sherman Street, Room 201 INDUSTRIES Denver, CO Re: M-2000-082 - East 8'l' Street Operation Acreage Reduction Request Dear Tom: Aggregate Industries-WCR, Inc. (AI)submits this letter as a request for an acreage reduction of approximately 21.15 acres from the above-referenced permit. This reduction request is based upon a partial termination of Al's mining lease with property owners GURA and Leprino Foods Company(Leprino) and terms of Al's lease agreement for the remaining acreage with property owner Greeley Urban Renewal Authority(GURA). The current permit area of the East 8th Street Operation contains approximately 69.9 acres of land and is located within the City of Greeley. City of Greeley approved a minor subdivision for the property and re-zoned a portion of the property in September, 2010. Per Meyer Minor Subdivision final plat recorded December 20, 2010 at Reception No. 3739916 in the office of the Weld County Clerk and Recorder(copy enclosed), approximately 17.36 acres of the permit area was rezoned from C-D(Conservation District), which allows sand and gravel mining as a Use by Special Review,to 1-M (industrial Medium Intensity),which does not allow sand and gravel mining. The subdivision and re-zoning were approved to accommodate Leprino's purchase from GURA and development of approximately 12.79 acres(Lot 1 and Outlot A as depicted on the Meyer Minor Subdivision Plat), for its cheese and whey factory. Leprino purchased from GURA the 12.79 acre parcels in December, 2010 subject to the mining lease between GURA and Al. In conjunction with Leprino's purchase, Leprino, GURA and AI executed a Partial Termination of Mining Lease(Termination), terminating Al's right to mine Lot 1 and Outlot A and Lot 2 and Outlot B of the Meyer Minor Subdivision, subject to Al's continued right to make use of an existing access from Ash Avenue across the Leprino property. A copy of the Termination is enclosed. In accordance with the Termination. GURA relocated and seeded stockpiles from parcels terminated from the lease to the northwest corner of the Phase 111 mine area and Al has Aggregate Industries West Central Region, Inc. 1 707 Cole Blvd.,Suite 100 Golden,CO 80401 Telephone:303-985-1070 An Equal Opportunity Employer A A('GREGAI:: Mr.Torn Kaldenbach.Division of Reclamation.Mining and Safety July 17,2012 Page Two removed from the Termination parcels all materials, scale house, improvements and other equipment which were the property of Al. In addition to the 17,36 acres terminated from the mining lease, GURA requested removal of an approximate 3.79 acre parcel located in the southeast corner of the property from the mine permit arca. This area contained agricultural stormwater evaporation ponds that, at the option of GURA,were potentially to be filled by excess overburden from Al's mining activities; however, GURA chose to proceed with other uses for that parcel and requested its removal from the mine permit boundary. Enclosed is an aerial photograph showing the areas to be removed from the current permit boundary,the area to remain within the permit boundary and the location of the stockpile that was relocated and seeded. Contact information for the owners of the subject properties of this request and City of Greeley are as follows: GURA Administrator Greeley Urban Renewal Authority 1 100 10th Street, Suite 201 Greeley,CO 80631 With a copy to: Fred L. Otis for Greeley Urban Renewal Authority Otix, Coan& Stewart, LLC 1812 56th Avenue Greeley, CO 806034 Leprino Senior Vice President - Procurement, Logistics & Business Development Leprino Foods Company 1830 W. 38th Avenue Denver,CO 80211 With a copy to: Vice President & General Counsel Leprino Foods Company 1830 W. 38`1' Avenue Denver, CO 80211 AGGREGA1 E Mr.Torn Kaldenbach. Dig ision of Reclamation,Mining and Safety July 17,2012 Page Two City of Greeley Becky Safarik Assistant City Manager 1000 10th Street Greeley, CO 80631 The remaining acreage to which Al has the right of entry for mining is approximately 47.98 acres. At this time, AI does not propose any changes to the approved reclamation plan for the remaining acreage, which proposes to create open water lake, or upon submittal of a technical revision to the Division, water reservoir. Al respectfully requests the Division's favorable consideration of this acreage reduction request. Please contact me at(970) 396-5252 or connie.davis@'.avgregate-us.com if you have any questions or need additional information. Very truly yours, 4r_e �. G Connie N. Davis Land Advisor Enclosures cc: Peter Hays, Division of Reclamation, Mining& Safety(via e-mail) . r '1:: ' , . -.7iippr riti ... • - 1 - ) , . I r iles.,-1 a it MI • t I ' •� 11.11 51:"1.1" '7 art "kir , sh... jp.: .1". 4, 1 ksIt r.... e dilli•• nu. • , r-- tt , s . ! 4 1. , ..... wer- , ' ^�`•• . . It a , .. f . ra._. 71 ,:. , •ry j leer a ~ yi { " ' •/ • t 1 1,4 • 1 . .. . f„... • • ,. yam j, .-* "f f i T I C U L 4 u4 C_.....), , j \ l t E C7 la _. m , u CUL. +-II • . 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