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Home My WebLink About20110545.tiff STATE OF COLORADC DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources - ..• 1313 Sherman St.,Room 215 Denver,Colorado 80203 C O L O R A D DIVISION OF Phone:(303)866-3567 C') RECLAMATION FAX:(303)832-8106 1 _ l I ` ' MINING —St— SAFETY John W.Hickenloeper Governor Notice of 110(c)to 112(c)Construction Materials Mike King Executive Director Reclamation Permit Conversion Application Consideration Loretta E.Pineda Director DATE: February 22, 2011 TO: Weld County Commissioners County Commissioner 915 10th St Greeley, CO 80631 FROM: Eric C. Scott, Environmentar Pro tioh Specialist RE: Weld County,Ashbaugh Gravel Pit, Permit No. M-2005-060 Please be advised that on February 22, 2011, Weld County, whose address and telephone number are 1111 H St. P.O. Box 758, Greeley, CO 80632; (970) 304-6496, filed an application to convert M-2005-060, Ashbaugh Gravel Pit, a 110(c) Limited Impact Construction Materials Permit to a 112(c) Regular Construction Materials Permit. The mining and reclamation operation is located at or near Section 15, Township 7N, Range 59W, 06th Prime Meridian, in Weld County. The application decision is scheduled for May 23, 2011. 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 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. PLU9UC ew C.,-CA ?L , Pw� CA 2011-0545 31x1111a5/il Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mir 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(11L)OFLILATION MINING RECLAMATION PERMIT APPLICATION FORM SAFETY Bill Ritter,lr. . CHECK ONE: ❑ • There is a File Number Already Assigned to this Operation Governor Harris D.Sherman P erg M - - - (Please reference the file number currently assigned to this operatio$acutive Director LI New Application(Rule 1.4.5) Amendment Application(Rule 1.10) Ronald W.Cattany Division Director Liff Conversion Application(Rule 1.11) Natural Resource Trustee 2005 060 Permit# M - - - (provide for Amendments and Conversions of existing permits) • i 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 (1) complete signed and notarized ORIGINAL and one (1) copy of the completed application fort,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): Weld County Public Works 1.1 Type of organization(corporation,partnership,etc.): County government 2. Operation name(pit,mine or site name): Ashbaugh Pit Expansion 3. Permitted acreage(new or existing site): 10 permitted acres 3.1 Change in acreage(+) 129.7 acres 3.2 Total acreage in Permit area ,_ _ 139.7 acres 4. Fees: 4.1 New Application r' .; $2,696.00 application fee 4.2 New Quarry Application $3,342.00 quarry application 4.4 Amendment Fee .,•�,;. , . ""�ctan' $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: 1. - lbs/Tons/vr 2. / lbs/Tons/vr 3. / lbs/Tons/yr 4. / lbs/Tons/vr 5. / lbs/Tons/yr 5.2 Anticipated end use of primary commoditie(s)to be mined: County road maintenance and construction 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 -2- 6. Name of owner of subsurface rights of affected land: Keith & Shirley Ashbaugh If 2 or more owners, "refer to Exhibit O". 7. Nerno of owner of surface of a ►,�►cct�d�� Keith & Shirley Ashbaugh 8. Type of mining operation: MI Surface El Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN(check one): 6th(Colorado) El 10th(New Mexico) © Ute SECTION(write number): S 15 TOWNSHIP("-ha be_ check direction): T 7 North I I South �.number and P1 l orth ri Joinh RANGE(write number and check direction): R 59 11 East ri West QUARTER SECTION(check one): E_ D © SW QUARTER/QUARTER SECTION(check one): El NE - •NW SE SW GENERAL DESCRIPTION:(the number of miles and direction from the nearest town and the approximate elevation): 10. Primary Mine Entrance Location(report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) 39O 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) 40 .57577 (5 decimal places) Longitude(W) -103 97394 (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 Easting 342946.84 Northing 1457700.07 -3- II. Correspondence Information: APPLICANT/OPERATOR (name,address,and phone of name to be used on permit) Contact's Name: Uatnd Bauer Title: County Engineer Company Name: Weld County Public Works Street/P.O.Box: 1111 H Street P.O.Box: 758 City: Greeley State: Colorado Zip Code: 80525 Telephone Number: ( 970 _ 304-6496 Fax Number: ( 970 )- 304-6497 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Title: Company Name: Street/P.O.Box: P.O.Box: City: State: Zip Code: Telephone Number: ( ]- Fax Number: ( )- INSPECTION CONTACT Contact's Name: Jay McDonald Title: Mining Supervisor Company Name: Weld County Public Works Street/P.O.Box: 1111 H Street P.O.Box: 758 City: Greeley State: Colorado Zip Code: 80525 Telephone Number: ( 970 )_ 304-6496 Fax Number: ( 970 )- 304-6497 CC: STATE OR FEDERAL LANDOWNER(if any) Agency: N/A Street: City: State: Zip Code: Telephone Number: ( )- CC: STATE OR FEDERAL LANDOWNER(if any) Agency: N/A Street: City: State: Zip Code: Telephone Number: ( )- -4- 12. PrimaglJuture(Post-mining)land use(check one): F i Cropland(CR) f Pastureland(PL) Ft General Agriculture(GA) 11"."'"' pi Rangeland(RL) -j._ Forestry(FR) Wildlife Habitat(WL) 13 Residential(RS) __ Recreation(RC) - Industrial/Commercial(IC) riDeveloped Water Resources(WR) El Solid Waste Disposal(WD) 13. Primary present land use(check one ElCropland(CR) Pastureland(PL) General Agriculture(GA) Rangeland(RL) Forestry(FR) Wildlife Habitat(WL) BResidential(RS) . Recreation(RC) T1 Industrial/Commercial(IC) Developed Water Resources(WR) 14. Method of Mining: Briefly explain mining method(e.g.truck/shovel): Scraper, Dozer, or Loader to trucks 15. On Site Processing: 1 Crushing/Screening 13.1 Briefly explain mining method(e.g.truck/shovel): Scraper, Dozer, or Loader to conveyor or crusher List any designated chemicals or acid-producing materials to be used or stored within permit area: No chemicals to be used 16. Description of Amendment or Conversion: If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s). The existing Ashbaugh 110c operation has been mined out. The County and the Ashbaughs wish to expand the existing 10 acre site to the south and east along the same ridgeline. -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 EXHIBIT I 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(1)(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 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 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; 6 4)3 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; log3. 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; 03 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; 41)8)//�� 5. It is your responsibility to notify the Office of any changes in your address or phone number; pv 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. 4)13 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. n3( 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. ce8 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 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 I/ responsibility. W/� 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. -7- NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions,clangs,and deletions to this document prier 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 7 day of I_Nui lr t�J , -ZO H . u .0 Gunly I LI44C ,��V'K.S If Corporation Attest(Seal) Applicant/Operats 6r Company Name Signed: �� _ Gfiv , 'vO421/L Signed: nn Corporate Secretary or Equivalent Title: 6h. Town/City/County Clerk d State of ac ) d2Ao/ � ) ss. County of 4(,oe I cJ ) The foregoing instrument wasacknowledged before me this 7 H' day of re brka e f cb01 i by Qa_u e tC as &hit n� €n yne e✓1 of 14 [ej Cou 47 y'(,tjo/ c, wo/K \Or( P149 SHARON ': Notary Public ` BENSON Nib''•., ' b My Commission expires: _51-=2 -c2a/r/ 9r•.. Q' F•CQ`0 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 proposed mining operation. The following is a sample of the Notice required for Rule 1.6.2(1)(b)that you may wish to use. NOTICE Weld County Public WOMB This site is the location of a proposed construction materials operation. (Name of the Applicant/Operator) , whose address and phone number is(Address and Phone Number of the Applicant/Operator) P.O. Box 758, Greeley, CO has applied for a Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the application may view the application at the(County Name) Weld County Clerk and Recorder's Office, (Clerk and Recorder's Office Address) 915 10th Street, Greeley, CO and should send comments prior to the end of the public comment period to the Division of Reclamation, Mining, and Safety, 1313 Sherman St, Room 215, Denver, Colorado 80203. Certification: I Jay McDonald ,hereby certify that I posted a sign containing the above notice for the proposed permit area known as the (Name of Operation) Ashbaugh Pit Expansion on(Date Posted) a -)J -/7 A RE DATE AN EXAMPLE PUBLIC NOTICE WHICH MEETS THE REQUIREMENTS OF THE STATUTES IS SHOWN BELOW. THE BLANKS WHICH REQUIRE DATES WILL NEED TO BE FILLED IN ACCORDING TO THE FOLLOWING INSTRUCTIONS. PLEASE READ CAREFULLY. PUBLICATION INSTRUCTIONS: Date of commencement and date of completion should represent the dates which you feel most accurately describe the life of the operation. For all Regular(112)types of operations,this notice must be published once a week for four(4)consecutive weeks,starting within ten(10) days of the date the application is considered to be submitted to the Division. The final date for receiving comments is the 20th day after the fourth publication or the next regular business day. All notices must be published in a newspaper of general circulation in the locality of the proposed mining operation and mailed to the landowners as set forth in the Colorado Mined Land Reclamation Rules and Regulations. Since the date for consideration of your application may change,DO NOT include it in this notice. For a complete discussion of the notice procedures and objections, please refer to C.R.S. 34-32.5-112(10), 114 and 115. ♦**************************************************************4************************************* ***** PUBLIC NOTICE (Operator Name) Weld County Public Works ;(Address and Phone Number) P.O.Box 758,Greeley,CO(970)304-6496 has filed an application for a Regular(112)Construction Materials Operation Reclamation Permit with the Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. The proposed mine is known as the(Name of the Mine) Ashbaugh Pit Expansion ,and is located at or near Section 15 , Township 7 Range 59 Prime Meridian. The proposed date of commencement is June.2011 ,and the proposed date of completion is September 2021 . The proposed future use of the land is(Future Landuse) rangeland . Additional information and tentative decision date may be obtained from the Division of Reclamation,Mining,and Safety, 1313 Sherman Street, Room 215, Denver,Colorado 80203, (303) 866-3567, or at the(County Name) Weld County Clerk and Recorder's office;(Clerk and Recorder's Address) 915 10th Street,Greeley,CO ,or the above-named applicant. Comments must be in writing and must be received by the Division of Reclamation,Mining,and Safety by 4:00 p.m.on(Final Date for Comments) Please note that under the provisions of C.R.S. 34-32.5-101 et seq. Comments related to noise, truck traffic, hours of operation, visual impacts, effects on property values and other social or economic concerns are issues not subject to this Office's jurisdiction. These subjects, and similar ones, are typically addressed by your local governments, rather than the Division of Reclamation, Mining, and Safety or the Mined Land Reclamation Board. M:\nin\share\vsfonns\07-07-01 vsfom,s\Construction I I2.doc 07/24/2007) EXHIBIT A- Legal Description A TRACT OF LAND LOCATED IN THE SOUTH EAST QUARTER OF SECTION 15, TOWNSHIP 7 NORTH,RANGE 59 WES'1 OF'111E 6TH P.M.,WELD COUNTY,COLORADO,COMPRISING 383.93 (THREE HUNDERED AND EIGHTY THREE)ACRES MORE OR LESS. LAND OWNER: Keith and Shirley Ashbaugh 39434 WCR 115 New Raymer, CO 80742 THE PROPERTY CAN BE ACCESSED OFF THE EAST SIDE OF WELD COUNTY ROAD 115. THE ACCESS TO THE ASHBAUGH GRAVEL PIT IS LOCATED AT: 342946.84, 1457700.07, OR 40.57577 degrees North, and -103.97394 degrees West. M:IDAVE BWshbaugh\DRMS permit\AmendedApplication&Exhibits.doc 2/4/2011 EXHIBIT B - Index Map Index Maps Regional Index Map ♦ • I 1 • A �~F ` (.y • 1" t ' 1 1 • • - ' •1 t. . 11 • • _ 1 1 1 . . . . __ I' • $ ' •- . • • - .• i - -e s . • . I • - . . 1 • . . .. ' I ' i_ NEW RAYMER I . .. , Ashbaugh Pit I .:!� , Lt.' kr.' • • S. _ _• -. •M I 1 i l ••. ...... , ,:ezie • v .. GREELEY _ 1 �._i i. • -- T�.�._ I r ,, \ ' . , i I 7. • rat.. . 'sr I . J. , ♦ '/ !• • ;... • 1 1, •1l. p I __ • • • .�_.' 4 1 I ' . .. 1{ 4 - I �• See belci%‘ excerpted from Weld County G1S. l%1.I ).\\'! 14 1.hhaugh\\l)R,MS pemut\AmendedApph.ation & Fxhihus-dui; 'S 201 I Hello