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HomeMy WebLinkAbout20120623 STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 1313 Sherman St.,Room 215 WELD COUNTY COLORADO Denver,Colorado 80203 COMMISSIONERSo i v 15 I o N OF Phone:(303)866-3567 RECLAMATION FAX:(303)832-8106 7917 14AR -2 A 9 51 MINING EL_ SAFETY RECEIVED John W.Hickenlooper Governor 2 King Executive Director Notice of I 12c Construction Materials Loretta E.Pineda Reclamation Permit Partial Acreage Release Request Consideration Director DATE: February 28, 2012 TO: Weld County Commissioners County Commissioner 915 10th St Greeley, CO 80631 �y' 5Cdi FROM: Peter S. Hays, Environmental Protection Specialist RE: Weld County, Hokestra Gravel Pit, Permit No. M-1980-149 Please be advised that on February 28, 2012, Weld County, whose address and telephone number are 1111 H St. P.O. Box 758, Greeley, CO 80632; (970) 356-4000, submitted a request for partial acreage release for the Hokestra Gravel Pit, Permit No. M-1980-149. The construction materials extraction operation is located at or near Section 35, Township 3N, 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 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. ?,,.hue Rev;wi; (it '. CA , Pt., Pik) 3-1- \'a 3-a-1a 2012-0623 Office of Office of Mined Land Reclamation Denver • Grand junction • Durango Active and Inactive Mines • esc • STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources • 1313 Sherman St.,Room 215 REG�-I� /� COLORADO Denver,Colorado 80203 Division OF Phone:(303)866-3567 CONSTRUCTION MA'T'ERIALS $Ep FAX:(303)832-6106 O 2006M IN NTI N REGULAR(112)OPERATION U RECLAMATION PERMIT APPLICATION Reclamation SAFETY APPLICATION-OW and Safety Bill Owens Governor CHECK ONE: X There is a File Number Already Assigned to this Operation Russell George Permit ft M - R0 -149- (Please reference the file nwnber currently assigned to this operaIhSfr Director Ronald Vv.Canary New Application(Rule 14.5) X Amendment Application(Rule 1.10) Division Director Conversion Application(Rule 1.11) Natural Resource Trustee Permit S M -80 - 149 - (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 I,arty 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 end notarized ORIGINAL.and one(1)copy of die completed application form,two(2)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 NOT be bound or in a 3-ring binder;maps should be folded to 8 1/2"X I 1"or 8 1/2"X 14"size. '1'o 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/operatur or company name(name to be used on permit): Weld County__.�— 1.1 Type of organization(corporation,partnership,etc.): Public • 2. Operation name(pit,mine or site name): Hokestra _ 3. Permitted acreage(new or existing site,: permitted acres 3.1 Change in acreage(+) 0 acres 3.2 Total acreage in Permit area acres 4. 4.1 New Application $2,344,00 application fee 4.2 New Quarry Application $2S06 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. Prietary commoditie(s)to be mined: gravel • 5.1 Incidental commoditie(s)to be mined: I. lbs/I'nn /yi 2. / _._,,,, Ibsr 'ores/yr 3. / lbs/Tons/yr 4. / Ibs/Tons/vr 5. / )hs/I'ons/yr 5.2 Anticipated end use of primary commoditie(s)to be mined: Aggregate 5.3 Anticipated end use of incidental commoditie(s)to be mined: NL___-�.._...�.�.._.____.. _...._ . Office of Office of Mined Land Reclamation Active and Inactive Mines RECEIVED n 5?Rq6 _2_ Oivis;on of Reclamation, Mining and Safety 6. Nome of owner of subsurface rights of affected land: Weld County ff 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface of effected land: Weld County 8. Tyro of mining oneratlon: X Surface Underground • 9. Location Information: The center of the area where the majority of tnining will occur: COUNTY: Wet¢ PRINCIPAL MERIDIAN(check one): x 6th(Colorado) 10th(New Mexico) Uto SECTION(write number): S_ 2, 35 TOWNSHIP(write number and check direction): T 2 and 3 X North —South RANGE(write number and check direction): R 68 East X West QUARTER SECTION(check one): NE NW SE X SW QUARTERJQUARTER SECTION(check one): NE NW X SE SW GENERAL DESCRIPTION:(the number of miles and direction from the nearest town and the approximate elevation): Less than one mile north of Firestone. Elevation 4,830 ft. 10. Primary Mine Entrance Location(report in either Latitude/Longitude Q UTM): Latitude/Longitude: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude(N): deg min sec (2 decimal places) Longitude(W): deg min sec . (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449° • Latitude(N) (S decimal places) Longitude(W) �(S decimal places) OR Universal Tranverse Mercator(UTM1 Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum(specify NAD27,NAD83 or WGS 84) NAD 83 _ Zone I.3N Pasting 502408L82 meters Northing 44j6407.87 meters -3- II. Correspondence Information: APPLIC.NT/OPERATOR (name,address,and phone of name to be used on permit) Contact's Name: Greg Nelson Title: Company Name: Weld County Street/P.O.Box: P.O.Box: 758 City: Greeley State: Colorado Zip Code: 80632 Telephone Number: (970 -1- 356-4000 x3776 Fax Number: ( )- PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Jennifer Lee Title: Engineer Company Name: Applegate Group, Inc. Street/P.O.Box: 1499 W, 120th Avenue, Suite 200 P.O.Box: City: Denver State: Colorado Zip Code: 80234 Telephone Number: J 303 )- 452-6611 Fax Number: 1 303 )- 452-2759 INSPECTION CONTACT Contact's Name: Same as Operator Title: Company Name: Street/P.O.Box: P.O.Box: City: State: Zip Code: — Telephone Number: ( )- Fax Number: L )- 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)laird use(check one): Cropland(CR) Pastureland(PL) General Agriculture(GA) Rangeland(RL) Forestry(FR) Wildlife Habitat(WL) Residential(RS) Recreation(RC) Industrial/Commercial(1C) X Developed Water Resources(WR) Solid Waste Disposal(WD) 13. Printery present land use(check one): Cropiand(CR) X Pastureland(PL) General Agriculture(GA) Rangeland(RL) Forestry(FR) Wildlife 1Iabitat(WL) _ Residential(RS) Recreation(RC) — Industrial/Commercial(1C) Developed Water Resources(WR) 14. Method of Mining: Briefly explain mining method(e.g.truck/shovel): 15. Qn Site Proctoslttg: X Crushing/Screening 13.1 Briefly explain mining method(e.g.truck/shovel): Scrapers., drrzPrs, 1 path ra. and _trucks. List any designated chemicals or acid-producing materials to be used or stored within permit area: N/A 16. Degcriptlog of Amendment_or Conversion: If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s). The only change proposed in this amendment is to the reclamation plan. The current permit lists wildlife hab_itat as the reclaimed Use. This amendment pra os to change that use to developed water storage. No other changes to the existing permit are_proposed. -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 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)(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 RECEIVED EXHIBIT I Soils Information SEP 2 8 1006 EXHIBIT I Vegetation Information EXHIBIT K Climate Information Division 01 Kes:18ff12tI0D, EXHIBIT L Reclamation Costs Mining and Safetyati 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(1)(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. Responsibilities as a Permlttee: 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 t understand these obligations then please contact this Office for a full explanation.n . 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; may. RECEIVE! SEP 2 8 ZOOG 6 Division of Reclamation, Mining and Safety sthl2. 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; �,_ 5. It is your responsibility to notify the Office of any changes in your address or phone number; 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 are clearly visible and adequate to delineate such boundaries prior to site disturbance. Joe?? 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 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. 4t 10. For ioint 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 Reclamation,Mining and Safety(DRMS)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 Reclamation,Mining and Safety,FAX(303)832-8106. The FAX shall include a call-back number of a responsible company official for DRMS staff to use as a contact. -7- NOTE TO CONEWENTOES/OBJECTOFtS: 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 fmal 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 filed,and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5-I 15(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)(0,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. 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 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. Signed and dated this 20th day of September, 2t s . . Weld County, Colorado C+� st(Seal) gtold .447 Applicant/Operator or Company Name 1 1161 �� t �•a• ALT Signed: _ `� jar •`I/, t• r • '� rate Secretary or Equivalent Title: ✓itrc 1 er-07 /'kQOC bh'✓ , Town/City/County Clerk State of Ot_nac27 )ss. County of (r)e p _) The foregoing instrument was acknowledged before me this_rrt` day of---� �=g"s"jo -_____, doot22,by_F. RAALK FcwlPEtt as 2rRfisg_ect R.,cUM— of tVEw latw Notary Public ON :.y�pP kah�.• My Commission expir I: iOTARy • SIGNATURES MUST BE IN BLUE INK ' PUBLIC,f M\numshare tmn,'( strumion 112 doc (Approved OS/II/2005) My C.ommisslon psoires May 15,2010 EXHIBIT A Legal Description The existing Hokestra permit is M-80-149. The property and the mining operation is owned and operated by Weld County. The Hokestra site is located approximately 7 miles northeast of the City of Longmont and just north of the city limits for Firestone in NW '/ of Section 2, Township 2 North and the SE % of the SW % of Section 35, Township 3 North, Range 68 West, 6th P.M., Weld County, Colorado. This area is approximately 120 acres. The main entrance is located on Weld County Road 24 '/2 (UTM NAD 83 Zone 13N easting 502408.82 northing 4446407.87). The current total permit area is approximately 120 acres. REC r" scr) SEP 212006 Division of Reclamation, Mining and Safety Weld County Hokestra Pit RUG 112 Permit Amendment Page I SEP-26-2006 TUE 01:44 PM WELD COUNTY PUBLIC WORKS FAX NO. 970 304 6497 P. 02 • B 1309 REC 02261418 08/30/91 09: 00 $0.00 2/006 F 1205 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT A LEGAL DESCRIPTION A tract of land located in the NW1/4 of Section 2 , Township 2 North, Range 68 west of the 6th P.M. , and in the SW1/4 of Section 35, Township 3 North, Range 68 West of the 6th P.M. , County of Weld, State of colorado, being more particularly described as follows : Beginning at the center of said Section 2 and considering the South line of the NW1/4 of Section 2 to bear North 89 degrees 47 minutes 45 seconds West with all other bearings relative thereto; thence North 89 degrees 47 minutes 45 seconds West, 799.34 feet; thence North 01 degree 03 minutes 46 seconds East, 330.32 feet; thence south 89 degrees 43 minutes 25 seconds West, 240.00 feet; thence South 00 degrees 58 minutes 06 seconds East, 328.34 feet; thence North 89 degrees 47 minutes 45 seconds West, 1540.02 feet along the South line of the NW1/4 of Section 2 to the East right of way line of Interstate Highway 25, said point being 50 feet East of the West Quarter corner of Section 2; thence North 00 degrees 17 minutes 36 seconds East, 2567 .46 feet along said East right of way to a point on the North line of the NW1/4 of Section 2, said point being 50.01 feet East of the Northwest corner of Section 2, and common with the Southwest corner of Section 35, Township 3 North, Range 68 West; thence North 00 degrees 46 minutes 36 seconds West, 51.30 feet along the East right of way of Interstate 25 to the approximate centerline of St. Vrain Creek as indicated by the midpoint of the Frontage Road bridge; thence North 77 degrees 53 minutes 36 seconds East, 2642.52 feet along said approximate creek centerline to a point on the East line of the SW1/4 of said Section 35; thence South 00 degrees 31 minutes 47 seconds East, 577 .61 feet along said East line to the South Quarter corner of Section 35; thence South 00 degrees 44 minutes 42 seconds West, 2604 .70 feet along the East line of the NW1/4 of said Section 2 to the Point of Beginning. 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