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HomeMy WebLinkAbout20112964.tiff w a STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY - Department of Natural Resources 1313 Sherman St.,Room 215 COLORADODIVlSION OF Denver,Colorado 80203 Phone:(303)866-3567 RECLAMATION MINING FAX:(303)832-8106 -- SAFETY September 21,2011 John Hickenlooper Governor Jennifer Magee Mike King District Staff Assistant Executive Director Basic Energy Services, L.P. Loretta Pifieda 907 Poplar,Ste. 210 Director Casper,Wyoming 82601 Re: Basic Energy Services, L.P., File No. M-2011-022 Peters Ranch Pit, 110c Permit Application Adequacy Review Dear Ms. Magee: The Division of Reclamation, Mining and Safety (Division) has reviewed the content of Basic Energy Services,L.P. 110c permit application for the Peters Ranch Pit, File No. M-2011-022, and submits the following comments. The Division is required to make an approval or denial decision no later than October 2, 2011 therefore; a response to the following adequacy review concerns should be submitted to the Division as soon as possible. 1. As required by Rule 1.6.3 (3), please submit proof of publication in a newspaper of general circulation in the locality of the proposed mining operation. ✓ 2. As required by Rule 1.6.2 (e), please submit proof of the notice to all owners of record of surface and mineral rights of the affected land and the owners of record of all land surface within 200 feet of the boundary of the affected land including all easement holders located on the affected land and within 200 feet of the boundary of the affected,land. Proof of notice may be return receipts of a Certified Mailing or by proof of personal service. 3. The Division received comments from the Colorado Division of Water Resources and the Army Corps of Engineers. The letters are attached for your review. Please address the comments noted in the letters and make any changes in the application as necessary. Exhibit C-Mining Plan (Rule 6.3.31 4. The Applicant states topsoil stockpiles will be seeded to stabilize the stockpiles until needed for reclamation. Please commit to vegetating topsoil and/or overburden stockpiles if in place for more than 180 days and provide a seed mixture. The Division recommends the seed mixture in the Reclamation Plan be used to stabilize the stockpiles. `Y,A t( CA. 2011-2964 Office of Office of Mined Land Reclamation Denver•Grand Junction•Durango Active and Inactive Mines Page 2 of 4 5. Please commit to providing the Division with a copy of the approved Stormwater Management Plan from the Colorado Department of Public Health and Environment for the access road improvement and mine pit disturbance. Exhibit D-Reclamation Plan (Rule 6.3.4) 6. The Division has reviewed and accepted the financial warranty estimate provided by the Applicant. The Division set the reclamation bond at $37,254.00. Exhibit E-Map (Rule 6.3.5) 7. Please update the revised version of the map labeled T-1.0 dated 8/18/11 to clearly describe the features associated with the mining plan and the components of the reclamation plan. Include one map for the mine plan and one map for the reclamation plan. The maps must be drawn to a scale no smaller than appropriate to clearly show all elements that are required to be delineated by the Act and Rules; show a north arrow, note any section corners adjacent to the proposed operation, and indicate the date illustrated. At a minimum, maps must include the following information: Mining Plan Map (a) outline and label the permit boundaries, described in Exhibit A- Legal Description; for all 110 Limited Impact and 111 Special Operations, the Office considers the area bounded by the permit boundary to be analogous to the affected area; (b) label the names of owner(s) of record of the surface of the affected area and of the land within two hundred (200)feet of the affected area, identify the owner of the substance to be mined, and the type of structure and owners of record of any permanent or man-made structures within 200 feet of the affected area; (c) outline and label all major surface features to be used in connection with the proposed operation such as: existing and proposed roads, pit boundary, topsoil stockpiles, overburden stockpiles, product stockpiles, waste rock fills,stream channels, buildings, processing plant, underground openings such as adits or ventilation facilities, ponds, impoundments, dewatering pumps, diversions or waste disposal areas; (d)indicate the direction that construction material extraction will proceed; (e) note the location of any significant, valuable, and permanent man-made structures within two hundred (200) feet of the affected area. The Applicant has indicated no significant, valuable and permanent man-made structures are located within two hundred(200)feet of the affected land. Please confirm no Page 3 of 4 structures, including but not limited to fences are not located within 200 feet of the affected land which includes the access road and mine site. (f) outline and label existing disturbance within and/or adjacent to the permit boundary(e.g., previously mined areas, roads or excavations resulting from utility construction). Re disturbance of previously disturbed areas, by the proposed mining operation, must be included in the permit area and addressed in Exhibit D- Reclamation Plan. Reclamation Plan Map (a) show the gradient of all reclaimed slopes (horizontal:vertical) sufficient to describe the post mine topography; (b) indicate where vegetation will not be established and the general area(s)for shrub or tree planting; (c) if ponds are a part of the Reclamation Plan, outline the final shore configuration of the ponds and shallow areas if the future land use is for wildlife; (d) state the average thickness of replaced overburden by reclamation area or phase; and (e) state the average thickness of replaced topsoil by reclamation area or phase. The Applicant has provided most of this information on various submittals to the Division. However,the information needs to be submitted on the lasted revision of the Peters Ranch Pit site plan map which indicates a permit area of 9.99 acres. The Division prefers the Applicant submit large maps, as opposed to 8"x 11" maps. Exhibit F- List of Other Permits and Licenses Required(Rule 6.3.61 8. Please commit to supplying a copy of all other permits and licenses to the Division, including but not limited to; Weld County USR Permit, Colorado Department of Public Health air quality permit and Stormwater Management Plan permit. Exhibit I - Proof of Filing with County Clerk (6.3.91 9. Please provide an affidavit or receipt indicating the date on which the revised application information indicated above was placed with the local County Clerk and Recorder for public review, pursuant to Subparagraph 1.6.2(1)(c). Page 4 of 4 Please be advised the Peters Ranch Pit application may be deemed inadequate, and the application may be denied on October 2, 2011 unless the above mentioned adequacy review items are addressed to the satisfaction of the Division. If you feel more time is needed to complete your reply, the Division can grant an extension to the decision date. This will be done upon receipt of a written waiver of your right to a decision by October 2, 2011 and request for additional time. This must be received no later than the deadline date. If you have any questions, please do not hesitate to call me at 303-866-3567 Ext. 8124. Sincer , Peter S. Hays Environmental Protection Specialist Enclosures—Colorado Division of Water Resources and Army Corps of Engineers letters Cc: Tom Kaldenbach; DRMS Affidavit of Publication STATE OF COLORADO ss. County of Weld, I Jennifer Usher of said County of Weld, being duly sworn, say that I am an advertising clerk of TILE GREELEY TRIBUNE, that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state;that the notice or advertisement,of which the annexed is a true copy, has been published in said daily newspaper for consecutive(days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper PiJ1siJC NOTICEproper and not in a supplement thereof; that the Basic Energy Services,LP.•333 Main,P O.Box 37, first publication of said notice was contained in the Baruvvyarrsr tt�t�aee zeoe.i ae rasa a�avpuca- issue of the said newspaper bearing the date of the tan a Car+ rent Limited Irnpact(1 10)R�ma- um Permit With the Colorado Atoned Land F4oernation Board Thirteenth day of September under provisions of the Colorado Land Reclamation Act forte A.D. 2011 and the last publication thereof: in the Extraction hX Constipates Materials The proposed Mk*is know mete Peter'Renal Pn,and to loaded at or neer Sec. issue of said news a er bearing the date of the don 20.TwrMep 12, an► pap B3,eel Prfrtla Med The propo dale of erawloerrhaa •2b Boprornare2011. • • Thirteenth day of September the prcpceed date of completion Isseptemor2031.The pre- • • A.D. 2011 that said The Greeley Tribune has been poead future use of Hie lord is paserelana . , �son� published continuously and uninterruptedly during AIOW fro end the period of at least six months next prior to the 1313 Sheerer Steel,Poem 2tt�(:oi0ta04� aa+)sea- aredap�ti�lei ant Aaoora.r: , . first issue thereof contained said notice or ols.7e s .v.0 t�oe>M6, rc dorodomaya;� Ce ate above,ramw�oora .w oopyy a me apprlca• advertisement above referred to; that said tae la entitat•,la at the ea and Record- eraofat7sand Mete ChnellomOW. newspaper has been admitted to the United States economies concer+ hp the ands reset be In mails as second-class matter under the provisions • i rsattbSafety .0oo` d by Sal Divisionp September 21,201 1. of the Act of March 3, 1879, or any amendments Meese note that oommenla related to noise.tugk traffic.hours thereof; and that said newspaper is a daily oroperation,visual hrpecta,effects on propeny values and Oh- newspaper qualified for publishing legal or Rode or economic concerns are issues�hol sublet to mis OI- duly y $' floe*NAedlcdon. These eubpcta,and siml4*r ones,are tY notices and advertisements within the meaning of e ddraseed by your local governments.rattier then the Recta:nationRA rmSafety D r of , p,and Safety thsM$s4t.ndA.a.rrlle- the laws of the State of Colorado. September 13,2011 ' t:.fi . •••• September 13,2011 Total Charges: S51.36 / .1)1(4/Advertising Clerk 13th day of September 2011 My('ommission Expires 2/14/2015 n � L �.. 11 Notary Public SEN•E': C IM'LETE THIS SECTUN CAW LETE THIS SECTI•N•N IELIVE'Y ■ Complete items 1,2,and 3.Also complete A. Sign: u item 4 if Restricted Delivery Is desired.■ x U . O Agent Print your name and address on the reverse w O Addressee so that we can return the card to you. B. R=�' = by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, /� , , y„' or on the front if space permits. D. Is delivery addr:s .fferent from item 1? O Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No V1()Sec n1o12a,n, cc . 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