HomeMy WebLinkAbout20121593.tiff STATE OF COLORADO
DIVISION OF RECLAMATION,MINING AND SAFETY WELD
of Natural Resources COUNTY
1313 Sherman St.,Room 215 COMMISSIONERS nOLORADO
Denver,Colorado 80203 Phone:(303)866-3567 2011 JUU 22 A 50 FAX:(303)832-8106 t RECEIVED
John W.Hickenlooper
Governor
Mike King
Notice of 112c Construction Materials Executive Director
Loretta E.Pineda
Reclamation Permit Partial Acreage Release Request Consideration Director
DATE: June 19, 2012
TO:
Weld County Commissioners
County Commissioner
915 10th St
Greeley, CO 80631
�,,✓� E
FROM: Eric C. Scott, Environmental Protection Specialist
RE: Twin Peaks Excavating Inc, Olson Pit, Permit No. M-1980-160
Please be advised that on June 19, 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 partial acreage release 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 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 he 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.
(c 37-1 3 - _1a 2012-1593
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 q q /
Denver,Colorado 80203 NOV 2 O 2003 DIVISION OF
Phone:(303)866-3567 MINERALS
FAX:(303)832-8106 &
FILE COPY Division if Minerals and Geology GEOLOGY
RECLAMATION
FOR SCANNING CONSTRUCTION MATERIALS MININc•sAFErr
REGULAR(112)OPERATION
Bill Owens
RECLAMATION PERMIT APPLICATION FORM Governor
Greg E.Watcher
Executive Director
CHECK ONE: X There is a File Number Already Assigned to this Operation Ronald W.Cattany
Permit# M -80 . 1 60 (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 ration(Rule 1.11)
Permit# M - 8 0 - 1 6 0V-- (provide for Amendments and Conversions of existing pencils)
The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts:(1)the application form;
(2)Exhibits A-S,Addendum I,any sections of Exhibit 65(Geoteebnical 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 ale(I)copy of the completed Ivory application
form,two(2)copies of FxMbits A-S,Addendum 1,appropriate sections of 6.5(Gooto 1mical Stability Exhibit,and a check for the application
fee described under Section(4)below. Exhibits should NOT be bound min a 3-ring binder maps should be folded to S 1/2"X II"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): Twin Peaks Excavating. Inc, '-"*"
1.1 Type of organization(corporation,partnership,etc.): A Colorado Corporation
1.2 I.R.S.Tax I.D.No.or Social Security Number:
2. Operation name(pit,mine or site namel: Olson P i t
3. Permitted acreage(new or existing site)) 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 52906.00 quarry application
4.4 Amendment Fee S1.938.00 amendmeatfec
4.5 Conversion to 112 operation(set by statute) 52,344.00 conversion fee
5. Primarvcommoddie(s)tobemiaed: Sand and Gravel
5.1 Incidental commoditie(s)to be mined: 1. - IbstTons/yr 2. / IbsiTgusty
3. / Its/fons/vr 4. 1 lbs/Tons/vr 5. / Ibs/fonslvr
- 1480 - /60
RECEIVED
DEC 0 2 2003
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Division of Minerals and Geology
6. Name of owner of subsurface tights of affected land: Kenneth L. . and Judith A. Schell
If 2 or more owners,"refer to Exhibit O".
7. Name of owner of surface of affected land: Kenneth L. . and Judith - & Srha11
8. Type of mining operation: X- Surface Underground
9. );.oration Information: The center of the area where the majority of mining will occur.
COUNTY: Weld
PRINCIPAL MERIDIAN(check one): X 6th(Colorado) 10th(New Mexico) Ute
SECTION(writenumber): S 17 & 20
TOWNSHIP(write number and check direction): T 2 X North _South
RANGE(write number and check direction): It 6 8 _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 _413ENERAI,DESCRIPTION:(the member of miles and direction from the nearest town and the approximate elevation):The Olson
Pit is located approximately 2. 5 miles southeast of Longmont ,rnlnradn at an
elevation of 4888 feet.
10. Primary future(Post-minting)land use(check one):
Cropland(CR) Pastureland(PL) — General Agriculture(GA)
_ Rangeland(RL) _ Forestry(FR) X WildlifeIlabitat(WL)
Residential(RS) _ Recreatioa(RC) _ Indastrial/CommercialaC)
Developed Water Resources(WR) _ Solid Waste Disposal(WD)
11. Primary present land use(check one):
v Cropland(CR) _ Pastureland(PL) X General Agriculture(GA)
Rangeland(RL) Forestry(FR) _ WtidlifeHabitar(WL)
_ Residential(RS) _ Recreation(RC) Ind u;tral'Commercial(IC)
_ Developed Water Resources(WR)
12. Method of Minim.: Briefly explain mining method(e.g.truck/shovel): Excavation with front end loader
with conveyor transport of excavated sand and gravel to an off-site pro-
cessing plant
13. On Site Processin4: NO Crushing/Screening
13.1 Briefly explain mining method(e.g.truckishovel):
List any designated chemicals or acid-producing materials to be used or stored within permit area: None
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14. Correspondence Information:
APPLICANT/OPERATOR (name,address,and phone of name 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 Number: 1 303 1- 589-2030
Fax Number: ( 303 1- 828-3345
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name: Michael J. (Mike) Hart Titie:Principal
Company Name: Hart Environmental
Street/P.O.Box: P.O.Box: 1 3 0 3
City: Boulder
State: Colorado ZipCode: 80306
Telephone Nmnber. 1 303 )- 444-6602
FaxNnmber: ( 303 )- 402-9049
INSPECTION CONTACT
Contact's Name: Mike Hart Tide:
Company Name: Same as Above
Street/P.O.Box: P.O.Box:
City:
State: Zip Code:
Telephone Number: ( )-
Fax Number: ( )-
CC: STATE OR FEDERAL LANDOWNER(if anyl
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( I-
CC: STATE OR FEDERAL DERAL LANDOWNER(if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number. ( )-
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15. Description of Amendment or Conversion:
If you are amending or convening 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.
Maus 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(t)(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 Ii 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 Scarce 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
E XI-IIBIT Q Proof of Mailing of Notices to Coecty Commissioners and Conservation District
EXHIBIT It Proof of Filing with County Clerk or Recorder
EXHIBIT S Permanent Man-Made Structures
Rule I.6.2(1)(b) ADDENDUM 1-Notice Requirements(sample enclosed)
Rale 6.5 Geoteclmical Stability Exhibit(any required sections)
The instructions for preparing Exhibits A-S,Addendum 1,and Ceotechnical 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 lice to schedule a pre-application meeting you may contact the Office at 303-866-3567.
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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.
1. 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 pennittceviolated
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;
[C , _ 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;
KS 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;
A 5. It is your responsibility to notify the Office of any changes in your address or phone number;
6. Upon permit issnanre 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.
FJ 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.
S 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.
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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 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 permittee,to continue to pay your
annual fee to the Office until the Board releases you from your total reclamation 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: 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.
+� 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,licence,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)8324106. 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 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.
)71- /98O -l6a RECEIVED
DEC 0 2 2003
Certification: Division of Minerals and Ger:ic(,
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 structures)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 we prohibited by law(Section
34-32.5-115(4)(f),C.RS.;
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
34-32.5420;C.R.S.)as determined through a Board finding. -
4. 1 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 minor pursuant to Section 18-8-503,CRS.
•
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Signed and dated this O day of October 2003 ; S al'��),
V Y
Twin Peaks Excavating, Inc. If Corporation Attest(Seal) '•,
Applicant/Operator or Company Name c;r;`
•
Signed: (e---st c • So pa— Signed:,
Keth L. Schell
to Secretary or Equivalent
Tide: President Town/City/County Clerk
State of Colorado
)ss
County of on Mit
The foregoing iostimnent was acknowledged/Kole 01-)491.—me this 01-)491.— of October 2 0 0 3
by y lun v\h., i. ?)(In.Q.Q,Q a ),1421-; car-..* of_..
.JGp,LON°12, crf AR
3:. PUBLI �pa
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•,49�F`••....0•*wQ�missionexpQes:� J —'
i44F,pmloo
SIGNATURES MUST BE IN BLUE INK
MAmin'harafonCmractim um.aoc MI5/20011
Colorado Division of Minerals & Geology Sales Receipt
1313 Sherman Street, Room 215
Denver, CO 80203 DATE SALE NO.
11/20/2003 11061
SOLD TO
Lafarge West,Inc
TWIN PEAKS EXCAVATING
CHECK#/CASH
011718
DESCRIPTION NOTE AMOUNT
Min: Amendment M-1980-160 1,938.00
Total 51,938.00
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 N00°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 S79°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 S00°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.
3.0 EXHIBIT B-INDEX MAP
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