HomeMy WebLinkAbout20121267.tiff STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
WELD COUNTY COLORADO
1313 Sherman St.,Room 215 iThfl H;SSIJFJFRS DIVISION OF
Denver,Colorado 80203 RECLAMATION
Phone: (303)866-3567 D r, MINING
FAX:(303)832-8106 ZIIIZ HAY I4 A 20 —&—
SAFETY
Si L j 1 V ED John W.Hickenlooper
Governor
May 9,2012
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 Application Consideration
Dietzler Construction Corporation,Pawnee Aggregate Pit,File No. M-2012-014
Please be advised that on May 9, 2012, Dietzler Construction Corporation, whose address and telephone
number are P.O. Box 70 , Torrington, WY 82240-0070; (307) 333-7552, filed an application to conduct
Surface extraction of construction materials and reclamation, at or near Section 30, Township ION, Range
60W, 06th Prime Meridian, in Weld County. Please be advised that the permit area may be located in more
than one Section,Township, and Range. The application decision is scheduled for August 7,2012.
A copy of the application is available for review 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,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,
/1/1i Q1/1/1- --
Peter S. ays
Environmental Protection Specialist
Rt<LNA:�. Rz�ie,� QA, P1,, PLL)
F3- a1 -1 5 1c_. `')DI`s- i&i 1
Office of Office of
Mined Land Reclamation Denver•Grand Junction•Durango Active and Inactive Mines
STATE OF COLORADO
DIVISION OF RECLAMATION,MINING AND SAFETY
Department of Natural Resources
1313 Sherman St,Room 215
Denver,Colorado 80203 COLORADO
Phone:(303)866-3567 CONSTRUCTION MATERIALS DIVISION OF
RECLAMATION
FAX:(303)832-8106 REGULAR(112)OPERATION MINING
RECLAMATION PERMIT APPLICATION FORM SA EETY
Bill Ritter,Jr.
CHECK ONE: El There is a File Number Already Assigned to this Operation Governor
y Rent D.Sherman
Pe�zi r M �(7 -f�-Q� (Please reference the file number currently assigned to this operatioa)ecutive Director
New Application(Rule 1.4.5) ID Amendment Application(Rule 1.10) R0"ab l^'Ca"
Division Director
la Conversion Application(Rule 1.11) Natural Resource Trustee
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:(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 (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.
1. Applicant/operator or company name(name to be used on permit): Dietzler Construction Corporation
1.1 Type of organization(corporation,partnership,etc.): Corporation
2. Operation name(pit,mine or site name): Pawnee Aggregate Pit
3. Permitted acreage(new or existing sltel: 160 permitted acres
3.1 Change in acreage(+) acres
3.2 Total acreage in Permit area 160 acres
4. Fees:
4.1 New Application $2,696.00 application fee
4.2 New Quarry Application $3,342.00 quarry application
4.4 Amendment Fee $2,229.00 amendment fee
4.5 Conversion to 112 operation(set by statute) $2,696.00 conversion fee
5. Primary commoditie(s)to be mined: Gravel Sand Clay
5.1 Incidental commoditie(s)to be mined: I. - lbs/Tons'vr 2. / lbs/Tons/vr
3. / lbs/Tons/vr 4. / lbs/Tons/vr 5. / lbs/Tons/vr
5.2 Anticipated end use of primary commoditie(s)to be mined: Road Construction and Maintenance for,County, US Government and
Oil and Gas Industry.
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
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6. Name of owner of subsurface rights of affected land: "Refer to Exhibit O"
If 2 or more owners,"refer to Exhibit O".
7. Name of owner of surface of affected land: Daniel P. Dietzler
8. Type of mining operation: IN Surface Underground
9. Location Information: The center of the area where the majority of mining will occur:
COUNTY: WELD
PRINCIPAL MERIDIAN(check one): fl 6th(Colorado) El 10th(New Mexico) El Ute
SECTION(write number): S 30
TOWNSHIP(write number and check direction): T 10 l ,North Q South
RANGE(write number and check direction): R 60 [1 East ,[ West
"C.
QUARTER SECTION(check one): ❑ p, p, � Q SW
QUARTER/QUARTER SECTION(check one): NE NW SE ✓ SW
GENERAL DESCRIPTION:(the number of miles and direction from the nearest town and the approximate elevation):
Approximately 8 miles Southeast of Grover, CO
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): deg 40 min 48 sec 7 . 25 (2 decimal places)
Longitude(W): deg -104 min 07 sec 32 . 80 (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
Fasting
Northing
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I I. Correspondence Information:
APPLICANT/OPERATOR (name,address,and phone of name to be used on permit)
Contact's Name; Joel Slate Title: Project Manager
Company Name: Dietzler Construction Corporation
Street/P.O. Box: 1306 Main Street P.O.Box:
City: Torrington
State: WY Zip Code: 82240
Telephone Number: ( 307 1- 333-7552
Fax Number: ( l-
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name; Mickey Leyba-Farnsworth Title: Project/Engineering Manager
Company Name: Patrick Engineering
Street/P.O.Box: 1400 W. 122nd Ave, Suite 102 P.O.Box:
City: Westminster
State: CO Zip Code: 80234
Telephone Number: ( 303 1. 532-8627
Fax Number ( 303 )_ 532-8621
INSPECTION CONTACT
Contact's Name: Joel Slate Title: Project Manager
Company Name: Dietzler Construction Corporation
Street/P.O.Box: 1306 Main Street P.O.Box:
City: Torrington
State: WY zip Code: 82240
Telephone Number: ( 307 l 333-7552
Fax Number: ( I-
CC: STATE OR FEDERAL LANDOWNER(if anyl
Agency: N/A
Street:
City:
State: Zip Code:
Telephone Number: ( )-
CC: STATE OR FEDERAL LANDOWNER(if anyl
Agency: N/A
Street:
City:
State: Zip Code:
Telephone Number: 1 1-
-4-
12. Prima�r�"future(Post-mining)land u e(check one):
j� Cropland(CR) II Pastureland(PL) -1 General Agriculture(GA)
2 Rangeland(RL) Forestry(FR) Wildlife Habitat(WL)
nResidential(RS) Recreation{RC) Industrial/Commercial(IC)
fiDeveloped Water Resources(WR) Solid Waste Disposal(WD)
13. Prima r resent land use check one :
RCropland(CR) Pastureland(PL) General Agriculture(GA)
Rangeland(RL) Forestry(FR) Wildlife Habitat(WL)
—
. .
Residential(RS) Recreation(RC) _ Industrial/Commercial(IC)
Developed Water Resources(WR)
14. Method of Mining: Briefly explain mining method(e.g. truck/shovel):
15. On Site Processing: ✓ Crushing/Screening
13.1 Briefly explain mining method(e.g.truck/shovel):
Scraper, Excavator, Truck
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).
N/A
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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 I,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 1.6.2(1)(6):
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 1 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(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 I,and Geotechnical Stability Exhibit arc 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.
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 q£ derstand these obligations then please contact this Office for a full explanation.
s 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;
- 6 -
WM2. 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
,,110 ''11 contained in the application or your permit misrepresent important material facts;
vt,D tV 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;
A
1'i 0 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;
't 1.9,1) 5.
'f 5. It is your responsibility to notify the Office of any changes in your address or phone number;
f ltr� 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,
r +� c. the permit number.
&�I1 W 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.
Ai 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
In IW� and Regulations in effect at the time the permit is issued.
V"'P 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 arc 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 ofJuly 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
permittee,to continue to pay your annual fee to the Office until the Board releases you from your total reclamation
jig
responsibility.
i/ 10. For joint venture/partnership operators: the signing representative is authorized to sign this document and a
power of attorney (provided by the partncr(s)) authorizing the signature of the representative is attached to this
application.
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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:
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,C.R.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 4 day of April , 2012
Dietzler Construction Corporation If Corporation Attest(Seal)
Applicant/Operator or Company Name
Signed: t� \1 � Signed:66U r-
Corporate Secretary or Equivalent
Title: President Town/City/County Clerk
State of Illinois
)ss.
County of Cook
The foregoing instrument was acknowledged before me this 4 day of April
2012,by Daniel P. Dietzler as President of Dietzler Construction Corp.
• . cil
• "OFFICIAL SEAL'
tilt:41r
•
• JANICE A.HICKEY • Not Public
Notary Public,State of 11Gnois :
2 My Commission Expires 03110/2016 03/16/2015
My Commission expires:
SIGNATURES MUST BE IN 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
Property Legal Description:
Parcel A:
South % and Southeast% of the Southwest % of Section 30, Township 10 North, Range 60 West
of the 6th Prime Meridian, County of Weld, State of Colorado.
Parcel B:
Northwest% of the Northeast% of Section 31, Township 10 North, Range 60 West of the 6th
Prime Meridian, County of Weld, State of Colorado.
Refer to Exhibit A plan view on the following page for more information.
Landowner of Record (Parcels A&B):
Daniel P. Dietzler
150 N. Montclair
Glen Ellyn, IL 60137
r
LEGAL DESCRIPTION: 1 1321.77' _ -= I
ig THE SOUTH ONE HALF OF THE SOUTHEAST ONE
QUARTER AND THE SOUTHEAST ONE QUARTER / 1‘,.....
'-.
OF THE SOUTHWEST ONE QUARTER OF SECTION
Y
- 30,TOWNSHIP 10 NORTH,RANGE 60 WEST OF - '
THE 6TH PRINCIPAL MERIDIAN,COUNTY OF �.
WELD,STATE OF COLORADO.AREA:120 Acres / -
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i 7 m
o
ALSO,THE NORTHWEST ONE QUARTER OF THE zzi-I f re,
NORTHEAST ONE QUARTER OF SECTION 31, ,,,v
TOWNSHIP 10 NORTH,RANGE 60 WEST OF THE MI
6TH PRINCIPAL MERIDIAN,COUNTY OF WELD, j
STATE OF COLORADO.AREA:40 Acres
/ /j SOUTH 114 CORNS ( 1
' + ' SECTION 30-1O-x60 (-
SEC 31 i �/ v'"` — .-'I , ��
1321.77' 1
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PROPOSED MINE ACCESS E
ENTRANCE OFF OF COUNTY RD 99 I ,
LAT: N4O° 48' 02.96"
LONG: W1O4° O7' 32.94"
i (WGS84-STATE PLANE ZONE 13,
TOWNSHIP 1ON, RANGE 6O WEST _
- ` 1338.84' J CO.OF THE 6TH P.M.) _
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SOUTHEAST CORNER' iil
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PAWNEE AGGREGATE PROJECT Na. 21273O07
DATE. 3/19/2012
1 0 25O 500 PATRICK
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