HomeMy WebLinkAbout20112429 STATE OF COLORADO
DIVISION OF RECLAMATION,MINING AND SAFETY
Department of Natural Resources
1313 Sherman St.,Room 215
Denver,Colorado 80203 COLORADO
DIVISION OF
Phone:(303)866-3567 RECLAMATION
FAX:(303)832-8106 MINING
st
SAFETY
John W.Hickenlooper
Governor
Mike King
Notice of 111 Construction Materials Executive Director
Financial Warranty Reduction Request Consideration LoDirector
Pineaa
DATE: September 8, 2011
TO:
Weld County Commissioners
County Commissioner
915 10th St
Greeley, CO 80631 " AC_
irt FROM: Michael A. Cunningham, Environmental�rotec ion Specialist C
RE: Flatiron Constructors, Inc., Camenish Borrow, Permit No. M-2006-078
Please be advised that on September 5, 2011, Flatiron Constructors, Inc., whose address and telephone number are
P.O. Box 2239 , Longmont, CO 80504; (303) 485-4050, submitted a request for financial warranty reduction for the
Camenish Borrow, Permit No. M-2006-078. The construction materials extraction operation is located at or near
Section 15, Township 2N, Range 68W, 06th Prime Meridian, in Weld County.
Written comments or objections to the financial warranty reduction 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 within 15 days. The Division is required to wait
30 days after the release decision is made to allow for appeals.
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Di-I (1,1I 9 ./3. // 2011-2429
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines
tiyil- .2oo4 - Dale
STATE OF COLORADO
DIVISION OF RECLAMATION,MINING AND SAFETY L/
Depanme a of natural Reams
1313 Sherman 5t.,tae 215 obi
)'✓l R_. - '''l COLORADO
�J otvraton or
Donors Colorado aD203 L./
Therm 13037566356f , c2 / Nov l c0t7U LC
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FAX:(3 031 31 83i43106 _&_
S�bm#� PMsion of Reclamation, SAFETY
01%1 e& " ...Mining and Safety
UNSTRUCTION MATERIALS
amt Owen
SPECIAL(I II)OPERATION Governor
Ruud Geary
RECLAMATION PERMIT APPLICATION FORM taKW,e Direr
Ronald W.Carry
Division Dean
nmaal Rescuer Ins
The appliatioo for aCommctios Materials Special Ill OpetationReclmti'ePamit contains fatsmmjor parts:(I)the applcationf ng
(2)Exhibits A-L,Addeo:km I,and soy sections ofExhibit 6.5(Geotechnies1 Stability Exhibit),as requiredbythe Office,sadoutlined in
Rules 6.1,6.2,6.3,6.5,and1.62(IXbk(3)the application fem(4) Performance Wsnaalyarid ifregairedaFinancialWanwty.When
you submit your apptieatiao.bemeeto Meade oee(1) aid me(I)copyofthecompleted
appliwtio°form two(2)copies of Exhibits Al,- Addendum I,appropriate sections of Exhibit 6.5(Geoteehmmal Stability Exhibit),as
required.achedcforteapplieaboafedesaibedamder(4)belowsmithy64!1 azenterIPakmance Warranty and Financial Warmly,if
required. Exhibits should NUE he bound ark 3-ring binders;imps should be folded to 8 2'X 11'or S 2'X 14'size. To expedite
proof please provide the mfareaion in the format and at described be this form.
GENERAL OPERATION INFORMATION
Type or print dearly,In the space provided,all'denotation described below
I. ilusdkanthmerater or esnmanv name fume to be used on the oerndth
F2 Flatiron Constructors, Inc, c�
1.1 Type oforgauiadon(corporatiai,parmaship,etc.k Corvoratiohn
2. Omnrgon name fait.nueorslteRamat Camenish Borrow
3, EIDIKULIMME3 0 Permitted Acres
4. New Anolleadoe: $78100 Application Fee
5. Primary amaiedide(altobemined; Sand and Gravel
6. Name of owner tothe Endear of affected bird; Phil Camenish
7. Name ef owner to the subsolicertehbof affected land' Phil Camenish
8. TrilEdantLEINEMEISI _IL.Surface _Underground T lo-eim
9. Lospitaliftandigs The Mgr of the area where the majority of mining will oche:
COUNTY: Weld
PRINCIPAL MERIDIAN(check one): .1L.. 6th(Colorado) _ 10th(New Mexico) _ Ute
SECTION(wrist ember): S 15
TOWNSHIP(write wither and check direction): T 2 X North South
RANGE(write number and check direction): R 6 8 East X West
QUARTER SECTION(check our) NE X NW SE SW
QUARTER/QUARTER SECTION(check one): X NE NW SE SW
GENERAL DESCRIPTION:(the amnia of miles and direction from the nearest town and the approximate elevation):
Moe of Office of
Mined Land Reclamation Active and hoctive Mines �.
-2-
10. Primary Mine Entrance Location(report in either Latitude/Longitude QR UTM):
Latiluds_lLongiut&:
Example: (N) 39° 44' 12.98"
(W) 104° 59' 3.87"
Latitude(N): deg min sec_. (2 decimal places)
Longitude(W): deg mitt see_. (2 decimal places)
OR
Example: (N) 39.73691°
(W) -104.98449°
Latitude(N) 40 . 13881 (5 decimal places)
Longitude(W) 104 . 9 8 883 (5 decimal places)
OR
Universal Traaverse Mercator(UTM)
Example: 201336.3 E NAD27 Zone 13
43983512 N
UTM Datum(specify NAD27,NAD83 or WGS 84) Zone
Easting
Northing
II. Primary Future(Post-mialne)Land Use(check only one):
_Cropland(CR) _Pastureland(PL) _General Agriculture(GA)
X_Rangeland(RL) ,Forestry(FR) Wildlife Habitat(WL)
Residential(RS) Recreation(RC) _Industrial/Commercial(IC)
Developed Water Resources(WR) _Solid Waste Disposal(WD)
12. Primary Present Land Use(cheek only one):
Cropland(CR) Pastureland(PL) `General Agriculture(GA)
g Rangeland(RL) —Forestry(FR) _Wildlife Habitat(WL)
_Residential(RS) Recreation(RC) Industrial/Cotnmercial(IC)
Developed Water Resources(WR) _Mining(MN)
13. Estmated Beginning Date ofContract: November 30, 2006
13.1 Estimated completion date of contact: November 30, 2007
j
-3-
14. Correspondence Information;
APPLICANT/OPERATOR (name,address,arul phone of name to be used on permit)
Contact's Name: Tony Rathbun Title: Project Manger
Company Name: _Flatiron Constructors, Inc .
Street/P.O.Box: P.O.Box: 2239
City: Longmont
State: Colorado Zip Code: 80504
Telephone Number: ( 303 )- 485-4050
Fax Number. ( 303 )- 485-7684
PERMITTINCi CONTACT (if different from applicantloperator above)
Contact's Name: Mike Hart Title:
Company Name: Hart Environmental
Street/P.O.Box: _ P.O.Box: 1303
City: Boulder
State: Colorado Zip Code: 80306
Telephone Number. 1 303 2- 444-6602
Fax Number: ( 303 )- 402-9049
INSPECTION CONTACT
Contacts Name: Tony Rathbun — Title:
Company Name: a b ve
Street/P.O.Box: P.O.Box:
City:
State: Zip Code:
Telephone Number: ( 1-
Fax Number: ( )-
CC: STATE OR FEDERAL LANDOWNER{if nv}
AgcncY:
Street:
City:
State: _- Zip Code:
Telephone Number: ( -
CC: STATE OR FEDERAL LANDOWNN,ERlif anv)
Agency:
City:
State: Zip Code:
Telephone Number: 1 - -_
-4-
15. Maps&Exhibits: Submit two(2)complete,unbound copies of the following application exhibits:
6.3,1 EXHIBIT A-Legal Description and Location Map
6.3.2 EXHIBIT B-Site Description
6.3.2 EXHIBIT C-Mining Plan
6.14 EXHIBIT D-Reclamation Plan
6.3.5 EXHIBIT E-Maps,to include the location of any recorded easements
6.3.6 EXHIBIT F-List of Other Permits and Licenses Required
6.3.7 EXHIBIT G-Source of Legal Right-to-Enter
6.3.8 EXHIBIT H-Municipalities Within a Two-mile Radius
6.3.9 EXHIBIT I-Proof of Filing with County Clerk
6.3.10 EXHIBIT J-Proof of Mailing Notices of Permit Application
6.3.11 EXHIBIT K-Terms of Governmental Contract
6.3.12 EXHIBIT L-Permanent Man-made Structures
I.6.2(I)(b) ADDENDUM I -Notice Requirements
6.5 Geotechnical Stability Exhibit(as required)
Responsibilities as a Perndttee:
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.
4 1. Your obligation to reclaim the site is not limited to the amount ofthe 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
ein the event your permit is revoked and financial warranty is forfeited;
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;
4 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary,substantial
civil penalties,to you as pernrittee can result;
4. Any modification to the approved mining and reclamation plan from those described in your approved application
/�i/,/� requires you to submit a new permit application 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 I
Reclamation Board;and, 4
I
c. the permit number. i
I
I
-5-
d7. The boundaries of the pemdt boundary area must be marked by monuments or other markers that are clearly visible and
adequate to delineate such boundaries prior to;ite disturbance;
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 Mineral Rules and Regulations in effect at the time the permit is
eissued.
9. Annually,on the anniversary date of permit issuance,you must submit an annual fee($438),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 an
operator,to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility.
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 i eµ ttable spill within the mined land permit area using the same timefrante 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.
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.
-b-
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. All necessary approvals from local government have been applied for(Section 34-32.5-111(1xaXIX));
2. This entire mining operation will not affect more than 30 acres;
3. This mining operation will not adversely affect the stability of any significant,valuable and permanent man-made
structure(s)located within two hundred(200)feet of the affected lands. (However,where there is an agreement between the
applicant/operator and the persons having an interest in the structure that damage to the structure is to be compensated for
by the applicant/operator(Section 34-32.5-I 15(4Xe),C.R.S. 1984,as amended),then mining may occur within 200 feet.
Proof of an agreement must be submitted to the Office prior to the decision date.)
4. 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. 1984,as amended);
5. As the applicant/operator,I do not have any mining/exploration operations in this 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. 1984,as amended)as determined through a Board finding.
6. I understand that statements in the application are being made under penalty ofpejury and that false statements
made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503,C.R.S. 1984,as amended.
This form has been approved by the Mined Land Reclamation Board pursuant to section 34-325-1I1,CR.S,ofde Colorado
Land Reclamation Act forthe Exfractionof Construction Materiata Any alteration or modification ofthfrfonn shall multi.,
voiding any per mit tuned on the altered ormodifledform and subject the operator to cease and desist orders and civil penalties
for operating without a permit pursuant to section 34-325-123,CRS.
_ is
Signed and dated this 6 r/ day of . N•✓saidam- , ZoeG ' f
.: c.
_ -c If Corporation Attest(Seal)?;:•r. ..-
Applicant/Operator • ''"•s-,., ;i,.
BY: y ,{• ?irrli� By:
Equivalent
Title: �M• own/ ty/County Clerk
State of C(Y..pRAOO )
n )ss.
County of Aria- Cs- ) i
��1nny�'p�
The foregoing instrument was acknowledged before me this —day of nQU Ealt')C -- Zak),
by'tAN -RfritttsuN as TWCTfutifuMlk (r
(y —of )�ZVT IRON P0NSTR.UCTDVC (XNi
•
Notary-Public
My Commission expires: 1O/2S:I 2O
SIGNATURES MUST BE IN BLUE INK
Wain sEn'vsfonm'Coneuclmnl 1 l(Approved 05/11/2005)
EXHIBIT A
LEGAL DESCRIPTION FOR CAMENISH BORROW
A parcel of land situated in part of the Northwest one quarter of the Northeast one quarter
of Section 15, Township Two (2)North,Range sixty-eight(68)West of the Sixth(6")
P.M. Located in Weld County,Colorado.
Containing thirty(30)acres more or less.
RECEIVED
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Division of Reclamation,
Mining and Safety
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