HomeMy WebLinkAbout20111526.tiff STATE OF COLORADO
DIVISION OF RECLAMATION,MINING AND SAFETY
Department of Natural Resources _
1313 Sherman St.,Room 215
Denver,Colorado 80203 _ npv PPhone:(303)866-3567 - - .---FAX:(303)832-8106
John W.Hickenlooper
Governor
Mike King
Notice of 112e Construction Materials Executive Director
e Release Request Consideration Lorene E Plneda
Reclamation Permit Partial Acreage Q Director
DATE: June 16, 2011
TO:
Weld County Commissioners
County Commissioner
915 10th St
Greeley, CO 80631
W.13 ?-f-- r S
FROM: Eric C. Scott, Environmental Protection Specialist
RE: L.G. Everist, Inc., Lohmann Sand and Gravel Mine, Permit No. M-2001-017
Please be advised that on June 16, 2011, L.G. Everist, Inc., whose address and telephone number are 7321 E. 88th
Ave., Ste 200 Regulatory Manager, Henderson, CO 80640; (303) 287-4656, submitted a request for partial acreage
release for the Lohmann Sand and Gravel Mine, Permit No. M-2001-017. The construction materials extraction
operation is located at or near Section 6, Township 2N, Range 67W, 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.
2011-1526
Lc- aa-LI
Office of Office of
Mined Land Reclamation Denver • Grand)unction • Durango Active and Inactive Mine
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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY RECEIVED .
Department of Natural Resources
1311 Sherman St.. Room 215 MAR 0 9 2001 lign t `7 I S
Denver,Colorado 80203
Phone:1303)866-3567 CONSTRUCTION MATERIALS MIN
FAX:13031 8328106 REGULAR(112) OPERATION Division of Minerals and Geology '
GELN
RECLAMATION PERMIT APPLICATION FORM a E c L n
MINING
Bill Owens
Governor
CHECK ONE: There is a File Number Already Assigned to this Operation
Greg E.Wall
Executive Di
Permit# vt �0 - 01 79- (Please reference the file number currently assigned to this operation) Michael B L
X New Application(Rule 1.4.5) Amendment Application(Rule 1.10) oivision Dm
Conversion Application(Rule 1.11)
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 ft
(2)Exhibits A-S,Addendum 1,any sections of Exhibit 6.5(Geotechnical Stability Exhibit:and(3)the application fee. When you submit
application,be sure to include one(1)complete sited and notarized IVORY ORIGINAL and four (4) copies of the completed h
application form,five(5)copies of Exhibits A-S,Addendum 1,appropriate sections of 6.5(Geotechnical Stability Exhibit,and a died
the application fee described under Section(4)below. Exhibits should NOT be bound or in a 3-ring binder, maps should be folde
8 1/2"X 1 l"or 8 1/2"X 14" size. To expedite processing,please provide the information in the format and order described in this for
GENERAL OPERATION INFORMATION
Type or print clearly,in the space provided,all information described below.
I. Applicant/operator or company name(name to be used on permit):
L.G. Everist, Inc.
1.1 Type of organization(corporation,partnership, Corporation
1.2 I.R.S.Tax ID, No.or Social Security Number:
2. Operation name(pit,mine or site newel: Lohnann Sand and Gravel Mine
3. Permitted serene(new or esistina site): _ 82 permitted a
0
3.1 Change in acreage(+) acres
82
3.2 Total acreage in Permit area acres
4. Fees:
4.1 New Application $2344.00 application fee
4.2 New Quarry Application $2.906.00 quarry applicati
4.4 Amendment Fee $1.938.00 amendment fee
4.5 Conversion to 112 operation(set by statute) $2,344.00 conversion fee
.. . . . . . . . cenA anti gravel
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6. Name of owner of subsurface rights of affected land: Refer to Exhibit "0"
If 2 or more owners."refer to Exhibit 0".
7. Name of owner of surface of affected land: Refer to Exhibit "0"
r.
7.1 Names of the holders of any recorded easements on the affected land: Oakmeadows POD: ATT; Duke Energy;
Bataa Oil.
8. Type of mining operation: X Surface Underground
9. Location Information: The center of the area where the majority of mining will occur:
COUNTY: Weld
PRINCIPAL MERIDIAN(check one): 6 6th(Colorado) _ 10th(New Mexico) Ute
SECTION(write number): S 6
TOWNSHIP(write number and check direction): T 2 X North South
RANGE(write number and check direction): R 67 East X West
QUARTER SECTION(check one): NE X NW SE SW
QUARTER/QUARTER SECTION(check one): x NE NW SE SW
GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation):
Approximately h mile north of the Town of Firestone: elevation approximately 4810'
10. 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 Waste Disposal(WD)
I1. Primary present land use(check one):
Croplaud(CR) _ Pastureland(PL) X General Agriculture(GA)
Rangeland(RL) _ Forestry(FR) _ WildlifeHabitat(WL)
_ Residential(RS) _ Recreation(RC) _ Industrial/Commercial(IC)
_ Developed Water Rcsources(WR)
Do2er,trackhoe,fronC—end loader and
I2. ethod of Minin Briefly explain minin method(e.g.truck/shovel ;
scrapers loading onto conveyor or off-road haul truck for transport to processing plant
13. On Site Processinp: X Crushing/Screening
sing: raw material will be crushed and sorted using crushers a
13.1 Brieflyexplamonsiteproces
screens prior to use in concrete batching or direct sales.
13.2 List any designated chemicals or acid-producing materials to be used or stored within permit area: none
* = Stormwater easement for Oakmeadows PUD currently held by ST-Firestone. LLC
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14. Correspondence Information: 1- .
APPLICANT/OPERATOR (name,address,and phone of name to be used on permit)
Contact's Name: Lynn Mayer Title:
Company Name: L.G. Everist, Inc,
Street: 7321 East 88th Avenue, Suite 200
City: Henderson
State: Colorado Zip Code: 80640
Telephone Number: j 303 )- 287-4656
Fax Number: ( 303 )- 289•-1348
CT PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name: Alex Schatz Tide:
Company Name: Banks and Gesso. LLC
Street: 720 Kipling Street, Suite 117
City: Lakewood
State:' Colorado ZipCode: R0915
TelephoneNumber: j 3fl )- 774-4777
Fax Number: j 303 )- 774-8379
INSPECTION CONTACT
Contact's Name: Lynn Mayer Title:
Company Name: L.G. Everist, Inc.
Street: 7321 East 88th Avenue, Suite 200
City: Henderson
State: C i nrado Zip Code: 80640
Telephone Number: ( 303 )- 287-4656 .*c6 t([r jtc
Fax Number: j 303 ). '?89-1 48
CC: STATE OR FEDERAL LANDOWNER(if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( 1-
CC: STATE OR FEDERAL LANDOWNER(if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number. I )-
4 -
15. DescrIDtioo of Amendment or Conversion:
If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s).
N/A
Mans and Exhibits:
Five(5)complete,unbound application packages must be submitted. One complete application package consists of a signed application fon
and the set of maps and exhibits referenced below as Exhibits A-S,Addendum 1,and the Geotechnical Stability Exhibit. Each exhibit withi
the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ear
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 followin
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 to include the location of any recorded easements
EXI-IIBIT 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,to include holders of any recorded easements
EXHIBIT O Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined,to include
holders of any recorded easements
EXHIBIT P Municipalities Within Two Miles
EXHIBIT.Q Proof of Mailing of Notices to County Commissioners and Soil Conservation District
EXHIBIT R Proof of Filing with County Clerk or Recorder
EXHIBIT S Permanent Man-Made Structures
Rule 1.6.2(l)(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 Geotcchnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rr
l.6.2(1)(b)of the Riles and Regulations. If you have any questions on preparing the Exhibits or content of the information required or woo
like to schedule a pm-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 requirement
are listed below. Please read and initial each requirement,in the space provided,to acknowledge that you understanc
your obligations. If you do not understand these obligations then please contact this Office for a full explanation.
of>--
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 financia.
warranty is forfeited;
41------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
a___________
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
lin__________
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 Boarc
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 followinf
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 Mine(
Land Reclamation Board; and,
c. the permit number.
7. The boundaries of the permit boundary area must be marked by monuments or other marker
that are clearly visible and adequate to delineate such boundaries prior to site disturbance.
8. It is a provision of this permit that the operations will be conducted in accordance with the term
and conditions listed in your application, as well as with the provisions of the Act and the Constructiot
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 specifie
by Statute, and an annual report which includes a map describing the acreage affected and the acreag
reclaimed to date (if there are changes from the previous year), any monitoring required by th
Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fee
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 you
annual fee and report by the permit anniversary date may result in a civil penalty, revocation of you
permit, and forfeiture of your financial warranty. It is your responsibility, as the permittee, to continu
to pay your annual fee to the Office until the Board releases you from your total reclamatio
responsibility.
0. For joint venture/partnershin op rators: the signing representative is authorized to sign thi
document and a power of attorney (provided by the partner(s)) authorizing the signature of th
representative is attached to this application.
NOTE TO COM ENTORS/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 decisic
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 publ
comment period. You should contact the applicant for the final date of the public comment period.
If you have questions about the Muted Land Reclamation Board and Office's review and decision or appeals proce!
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 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.RS.).
2. No mining operation will be located on lands where such operations are prohibited by law(Section 34-32.5-115(4Xf),
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
34-315-120, C.RS.)as determined through a Board finding.
4. I understand that statements in the application are being made under penalty of perjury and that false stat . made
herein are punishable as a Class 1 misdemeanoror pursuant to Section 18-8-503, C.R.S.Signed and dated this 6 day of ✓R1`" "o`17C �
L.G. Everist n '•.:.ration •
Applicant/ t r Company Name
Signed. • Sign-.
corporate Secretary or Equivalent
Title: Town/City/County Clerk
,
State of l 0Q-0;'1L( Ca.)
!I ss
County of UQCU)1 )
TIlefornoing instrument was acknowledged before me this V i!h day of '71&ti / , ti
byer4jr'k Fi xir as Lila_ •j)rr1ra'kkk of L.
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SIGNATURES MUST BE IN BLUE m•E rat I•
• Oinks and Gesso, LLC
EXHIBIT A- LEGAL DESCRIPTION
The legal description for the parcels to be affected by the proposed mine is as follows:
Lohmann Tract:
A tract of land located in the NW % of Section 6, Township 2 North, Range 67 West of
the 6'h P.M., Weld County, Colorado, described as follows:
Commencing at the NW corner of said Section 6, from which the North '/4 corner of said
Section 6 bears South 89° 12' 01" East, 2503.20 feet, thence South 89° 12' 01" East
1270.63 feet along the North line of the NW 'A of said Section 6 to the True Point of
Beginning;
Thence continuing South 89°12' 01" East, 1232.57 feet along the North line of NW Y. of
said Section 6 to the N 1/4 corner of said Section 6;
Thence South 01°14' 59" West, 2740.99 feet along the north-south centerline of said
Section 6 to the center of said Section 6;
Thence North 87° 20' 55"West, 1232.90 feet along the East-West centerline of said
Section 6 to a point from which the True Point of Beginning bears North 01° 14' 59" East;
Thence North 01°14' 59" East, 2701.16 feet to the True Point of Beginning.
French Tract:
The Northwest '/. of the Northeast '/,, except 2 rods off the east side sold to J.H.
Ruttman by deed recorded in Book 494, Page 262, Weld County records, and that part
of the SW % of the NE % which lies under the Last Chance Ditch (being that part of the
SW '/. of the NE 'A excepted in said deed to J.H. Ruttman), all in Section 6, Township 2
North, Range 67 West of the 6`h P.M, Weld County, Colorado.
Lohmann Sand and Gravel Mine.DMG,112 20055
L.G.Everist,Inc March 2001
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■■ Banks & Gesso, LLC Exhibit B:Index Map
ma 720 Kipling, Suite 117 LG.twist Ine.
Lakewood, CO 80215 Lohman Sands Gravel Mine
banksandgesso.com
2/28/01 20055
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