HomeMy WebLinkAbout20112204.tiff Qv�t, sc_s,, ; STATE OF COLORADO
DIVISION OF RECLAMATION,MINING AND SAFETY
Department of Natural Resources
1313 Sherman St.,Room 215
Denver,Colorado 80203 pCOLORADO OF
II O N
Phone:(303)866-3567 RECLAMATION
FAX:(303)832-8106 MINING
SAFETY
John W.Hickenlooper
DATE: August 3, 2011 Governor
Mike King
TO: Weld County Commissioners Executive Director
County Commissioner Loretta E.P➢ieda
915 10th St Director
Greeley, CO. 80631
fh1lQ for re
FROM: Eric C. Scott, Environmental Protection Specialist.
RE: Asphalt Specialties Co., Inc.,Nelson Mining Resource,File No. M-2005-059
Pursuant to the requirement of Rule 1.13.6 of the Rules and Regulations of the Colorado Mined Land
Reclamation Board to inform Counties and Municipalities within two miles of a mining operation of the
intention of mining operators to put their mining operation into a state of temporary cessation of mining,
please be advised that Asphalt Specialties Co., Inc., whose address and telephone number are 10100 Dallas
St. , Henderson, CO 80640; (303) 289-8555, has filed a Notice of Temporary Cessation with the Division
of Reclamation, Mining and Safety for the Nelson Mining Resource mining operation. The mining
operation is located at or near Section 31, Township 3N, Range 67W, 06th Prime Meridian, in Weld
County. The period of temporary cessation may begin on August 26, 2011 and may last for up to five years
from that date. In addition, the operator may request an extension of temporary cessation for another five
year period at the end of the first five years. The notice contains information pertaining to the reasons for
cessation of the mining operation, a plan for resumption, and the measures taken to comply with
reclamation and other necessary activities related to the performance standards of Rule 3 of the Rules and
Regulations in order to maintain the mine in a non-producing or non-development state.
The receipt of the Notice of Temporary Cessation will be acknowledged in the monthly activity report
attached to the agenda of the September 14, 2011 meeting of the Mined Land
Reclamation Board unless one or more of the following conditions occurs:
1. Reclamation or performance standard issues are indicated in the Notice of Temporary
Cessation.
2. Such issues are indicated by a field inspection of the mine site.
3. Such issues are indicated by a review of the mining operation file.
4. Concerns are expressed about the Notice of Temporary Cessation by interested persons.
If one or more of the above conditions occurs, the Division will place the Notice of Temporary Cessation
on the agenda for the September 14/15, 2011 meeting of the Mined
Land Reclamation Board. During that meeting, the Board will consider whether or not to accept the
Notice. If you have any questions, please call.
QV. et,U' .: Pu-: , PL
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M:1QtfjGfiRtemp6M-LC-0I C_M2005059_ECS_08032011093200 doc Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines
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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources RECEIVED
1313 Sherman St,Room 215 RECEIVED COLORADO
Denver,Colorado 80203 Nit ION OF
✓Ale le 0 1Q DMIN?; RA 15
Phone: (303)8663567 /ZONSTRUCTION MATERIAL 0J G I O LOG Y FAX:(303)832-8106 (/ REGULAR(112)OPERATION Oirlsioa of Mingle;&Q
RECLAMATION PERMIT APPLICATION FORM C AFf TT•D.0„,
•N IN IN G
sneerr•en FrveF
Bill Owens
Governor
CHECK ONE: X There is a File Number Already Assigned to this Operation Russell George
Permit#, . - (Please reference the file number currently assigned to this operation) Executive Director
Ronald W.Cattany
_Y__New Application(Rule 1.4.5) _,__Amendment Application(Rule 1.10) Division Director
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 shined and notarized ORIGINAL and one(1)copy of the completed application fouls.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 I2"X I 1"or 8 1/2"X14"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.l / �J j yf
1. Applicant/operator or company name(name to be used on permit): Mphalt �r.1Lakb e Coif ma.
1.1 Type of organization(corporation,partnership,etc.): C.or nr-at.ion
2. Operation name(pit,rate or site name): hi€160f1 Nlll]Il"1Q IZeraourrts
3. Permitted acreage(new or existlne site): .Jl 13 permitted acres
3.1 Change in acreage(+) N/A acres
3.2 Total acreage in Permit area 73 acres
4. �Fees:
C' ) New Application £2,344.00 application fee
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2 New Quarry Application $2.906.00_ 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. Primary commoditie(q)to be mined: sand ar4I 9 r7Dde.l
5.1 Incidental commoditie(s)to be mined: I. IliA - lbs/Tons/ r 2. / lbs/Toas/vr
3. / lbs/TonsI r 4, / lbs/Tons/vr 5. / Ibs/foashr
5.2 Anticipated end use of primary commoditie(s)to be mined: 1 tr Ceeped initalre9t tiorritote
5.3 Anticipated end use of incidental commoditie(s)to be mined: NlA JJ
Ru.\ \ic, kUJ' M% tit: PLO , pi_
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6. Name of owner of subsurface rights of affected land: Ha raid �. arylLUVema Wel :1-i
If 2 or more owners,"refer to Exhibit O". 1�!�_"
7, Name of owner of surface of affected land: Eiarold E. and La Verna t4 ekorj
8. Tyne of mining operation: Surface Underground
9. Location Information: The center of the area where the majority of mining will occur:
COUNTY: Weld
PRINCIPAL MERIDIAN(cheek one): ) 6th(Colorado) _10th(New Mexico) _Ute
SECTION(write number): S 31
TOWNSHIP(write number and check direction): T �North _ South
RANGE(write number and check direction): R (O7 `East X West
QUARTER SECTION(check one): NE _NW X SE 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): Sbe
i5 nc rt≥x 1 rnaancc4h cF theTcaun of Fires titan elev. o-�' ±-cISb5 t msl
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 'f0 min 1O sec 8l . 36 (2 decimal places)
Longitude(W): deg 1O4 min 55 sec 3C. ._Ob (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: 201336.3E NAD27 Zone 13
4398351.2 N
UTM Datum(specify NAD27,NAD83 or WGS 84) Zone
Easting
Northing
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11. Correspondence Information:
APPLICANT/OPERATOR (name,address,and phone of name to be used on permit)
t t Contact's Name: an 4T1E Title: Medident
Company Name: ittphatt Specialties do,,Trt
Street/P.O.Box: 1O(X)CD T.b 1166 St P.O.Box:
City: }-tendereon
State: Zip Code:
Telephone Number: I )- 2.20-8,S5
Fax Number: ( 30 3 )- 2$9-1107
PERMITTING CONTACT (if different from applicant/operator_1 above) t{ _.-_
Contact's Name: 16� �L�d 1 t 1 1 L ��tt Title: Land Ma 1er1'
Company Name: k fitit T1e7d0-,Tf1C.
Street/P.O.Box: See alzge P.O.Box:
City: See abate
State: tee (kt&e Zip Code:
Telephone Number: ( )- See abta1P
Fax Number: ( )- 7pe,attve.
INSPECTION CONTACT
Contact's Name: 7hb 14 1 Title: �-EIM emayir
J
Company Name: See abate
Street/P.O.Box: " O P.O.Box:
1t
City:
State: It 11 Zip Code:
Telephone Number: ( p 1-
Fax Number: ( " ) It
CC: STATE OR FEDERAL LANDOWNER(if any)
Agency: Q
Street:
City:
State: Zip Code:
Telephone Number: ( )-
CC: STATE OR FEDERAL LANDO (if any)
Agency: h� A
Street:
City:
State: Zip Code:
Telephone Number: ( 1-
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12. Primary future(Post-mining)land use(check one):
_ Cropland(CR) _ Pastureland(PL) _ General Agriculture(GA)
Rangeland(RL) _ Forestry(FR) _ Wildlife Habitat(WL)
Residential(RS) Recreation(RC) Industrial/Commercial(IC)
Developed Water Resources(WR) Solid WasleDisposal(WD)
13. Primary present land use(check one):
Cropland(CR) A. Pastureland(PL) _ General Agriculture(GA)
_ Rangeland(RL) _ Forestry(FR) — Wildlife Habitat(WL)
Residential(RS) _ Recreation(RC) _ Industrial/Commercial(IC)
_ Developed Water Resources(WR) p 1 y I,
14. Method of Mining: Briefly explain mining method(e.g.truck/shovel): ry mining using -b gikhoe ord
haul'tr tk5 -bp -Furst Sikes .
15. On Site Processing: Crushing/Screening and '
13.1 Briefly explain mining method(e.g. truck/shovel): dry ry alt(ling ut iqg -btek hoe, a d haul L✓,
4O iInrtt 6 rte
List any designated chemicals or acid-producing materials to be used or stored within permit area: Nl/.�
16. Description of Amendment or Conversion:
If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s).
NIA
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Mans 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 StabilityExhibit 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 case 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 6.4,63,and I.6.2(1)(b):
EXHIBIT A Legal Description
EXHIBIT B Index Map
EXHIBIT C Ike-Mining and Mining Plan Map(s)of Affected Lands
FIIBIT 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 I 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 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 hike 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.
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;
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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;
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;
9k5. 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.
J r 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.
Vir 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 Qperators: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 Minerals and Geology (DMG) 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
Minerals and Geology,FAX(303) 832.8106. The FAX shall include a call-back number of a responsible company
official for DMG staff to use as a contact.
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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.
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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 throe gh a Board finding.
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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 34-32.5-712,CRS.,of the Colorado Land
Reclamation Act for the Extraction of Constucdon 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 operatingwithout
a permit pursuant to section 34-32.5-123,CRS.
Signed and dated this Z2Jd day of .rU tl e ZGCS s'eciALZe.
4114 t'1 UAifie5,do.,I re . If Corporation : . PORATE -Z
ApplieantlOperator or Company Name 2 SEAL.
gn A
Si c\\> Signed: •
gned: . ,_
/fssa4 - Corporate valent
Title: Imo- etideflt Town/City/County Clerk
State oft ddo )
)ss.
County of Aclarne
Thc�oregoing instrument was acknowledged ore me this c),_) n-A day of V&f t �d
by f\it I (A) . 14 ILA+ as �2�1 Oka of 6sphiI-r Sp tia.)1-;es,410 eft &le
t � Notary Pu c" b My Commission expires: /0-
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colic)
Peso SIGNATURES MUST BE IN BLUE INK
my cassewieswits 1617-0'►
6.4.1 Exhibit A— Legal Description
The project encompasses most of the East '/ of the Southeast Y, Section 31,
Township 3 North, Range 67 West of the 6th PM. This property is owned by
Harold E. and LaVerna June Nelson as part of a larger parcel of land as shown in
Exhibit N.
The latitude and longitude of the location of the main entrance into the site is 40°
10' 31.36" North and 104° 55' 35.66"West.
The Weld County Parcel ID is 120931000060. The site is located in the
southeast corner of the intersection of Weld County Road 26 and Weld County
Road 15, approximately 2 miles east of Interstate 25.
Nelson Mining Resource
Regular 112 Permit Application
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