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Home My WebLink About20110735.tiff STATE OF COLORADC DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 1313 Sherman St.,Room 215 Denver,Colorado 80203 COLORAD0DIVISION OF Phone:(303)866-3567 RECLAMATION FAX: (303)832-8106 MINING —Si— SAFETY John W.Hickenlooper Governor Mike King Notice of 112c Construction Materials Executive Director Reclamation Permit Partial Acreage Release Request Consideration Loretto E Preen Director DATE: March 11, 2011 TO: Weld County Commissioners County Commissioner 915 10th St Greeley, CO 80631 /��/! FROM: Michael A. Cunningham, EnvironmentaYP�(ly'�',�1!rotection Specialist RE: Ready Mixed Concrete Company,Nix Sand& Gravel Mine, Permit No. M-2001-046 Please be advised that on March 10, 2011, Ready Mixed Concrete Company, whose address and telephone number are 4395 Washington St. , Denver, CO 80216; (303) 659-0630, submitted a request for partial acreage release for the Nix Sand & Gravel Mine, Permit No. M-2001-046. The construction materials extraction operation is located at or near Section 28, Township 3N, 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. ' ,3jU C kit): et,J '( �. Pt, PIA) 2011-0735 - ai - / I Icy —ir Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mil RECEIVED MAY 0 7 2001 STATE OF Cgro er IBOgology DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources )313 Sherman St.,Room 215 Denver,Colorado 80203 DIVISION () Phone:(303)866-3567 CONSTRUCTION MATERIALS MINERAL FAX:(303)832-8106 REGULAR(112)OPERATION S` GEOLOG ' RECLAMATION PERMIT APPLICATION FORM ,RE CLAMATIOI MINING•SAFET' Bill Owens CHECK ONE: There is a File Number Already Assigned to this Operation Governor regE. sy�� +�;/�/�/ Greg E.Welcher Permit 41 M L-V 7p- (Please reference the file number currently assigned to this operation) Executive Director Michael H.Long X New Application(Rule 1.4.5) _Amendment Application(Rule 1.10) Division Director 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 form; (2)Exhibits A-S,Addendum 1,any sections of Exhibit 6.5(Geotechnical Stability Fxhtbit and(3)the application fee. What you submit your application, be dire to include one(1)complete sinned and notarizedjVORY ORIGINAL and four(4) copies of the completed Ivory application form,five(5)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 SOT 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 4a,3 WW.DO Type or print clearly,in the space provided,all information described below. 5b98) 1. Applieant/ooerator or company name(name to be used on permit): 1-2-.al)(-Q 4Q Owens Brothers Concrete Company 1.1 Type of organization(corporation,partnership,etc.): Coruoration 1.2 I.R.S.Tax I.D.No.or Social Security Number: 84-05 7-0 38 0 2. Operation name(nit.mineor site name): Nix Sand and Gravel Mine 3. Permitted acreage(new or existing site): 312 permitted acres 3.1 Change in acreage(+) 0 acres 3.2 Total acreage in Permit area 312 acres 4. fm: 4.1 New Application 52.344.00 application fee 42 New Quarry Application 52.906.00 quarry application 4.4 Amendment Fee $1.938.00 amendment fee 4.5 Conversion to 112 operation(set by statute) 52.344.00 conversion fee 5, Primary commoditle(s)to be mined: sand and gravel 5.1 Incidental commoditie(s)to be mined: I. / Ibs/Tons/vr 2. / Ibs/Tons/vt 3. / Ibs/Toaslvr 4._ / Ms/Tons/al 5. 1 lbs/Tonsivr 51 Anticipated end use of primary commodities)to be mined: Construction aggregate 5.3 Anticipated end use of incideutajeommoditie(s)to he mined: None anticipated -2 - 6. Name of owner of subsurface rights of affected rand: Refer to Exhibit"0" If 2 or more owners,"refer to Exhibit O". 7. Name of owner of surface of affected land: Refer to Exhibit "0" 7.1 Names of the holders of any recorded easements on the affected land: HS Resources, Patina Oil and Gas, Duke Energy 8. Tvpe of minine operation: X Surface Underground 9. location Information: The owter 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 28 TOWNSHIP(write number and check direction): T '3 X North South RANGE(write number and check direction): R 6 7 East X West QUARTER SECTION(check one): NE NW - X SE SW QUARTER/QUARTER SECTION(check one): NE _K NW SE SW GENERAL DESCRIPTION:(the number of miles and direction from the nearest town and the approximate elevation): Approximately 4 miles west of Platteville; elevation approximately 4800' 10. Primary future(Post-minins l land use(check one): _ Cropland(CR) _ Pasturelmd(PL) X General Agriculture(GA) _ Raugeland(RL) — Forestry(FR) Wildlife Habitat(WL) _ Residential(RS) — Recreation(RC) Industrial/Commercial(IC) - Developed Water Resources(WR) _ Solid Waste Disposal(WD) 11. Primary present land use(check ones: - Cropland(CR) — Pastureland(PL) _a_ General Agriculmre(GA) Rangeland(RL) Forestry(FR) _ Wildlife Habitat(WL) Residential(RS) _ Recreation(RC) _ Industrial/CommercialQC) - Developed WaterResonrces(WR) 12. Method of Minim,: Briefly explain mining method(e.g.truck/shovel): Dozer, trackhoe, front-end loader, and scrapers loading onto conveyor or off-road haul truck for transport to plant site. 13. On Site Processing: X Crushing/Screening 13.1 Briefly explain on-site processing: Raw material will be crushed and sorted using crushers and screens and stockpiled prior to sales. 13.2 List any designated chemicals or acid-producing materials to be used or stored within permit area: None anticipated. p14. Correspondence Information: ed _ APPLICANT/OPERATOR (name,address,and phone of name to be used on permit) Contact's Name: Bill Owens or Janet Owens White Title: Company Name: Owens Brothers Concrete Company Steet: 5550 Sheridan Boulevard City: Arvada State: Colorado Zip Code: 80002 Telephone Number: 1303 )_ 429-5850 Fax Number: (303 ). 429-5916 PERMITTING CONTACT (if different from applicant/operator above) Cif Contact's Name: Paul G. Gesso Title: Principal Company Name: Banks and Gesso, LLC Street: • 720 Kipling St. , Suite 117 City: Lakewood, State:% Colorado Zip Code: 80215 Telephone Number: 1 303 )- 274-4277 Fax Number: 1 303 )- 274-8329 INSPECTION CONTACT �-y Contact's Name: Janet Owens White Title: lJ Company Name: Owens Brothers Concrete Company Street: 5550 Sheridan Boulevard City: Arvada State: Colorado Zip Code: 80002 Telephone Number: ( 303 ). 429-5850 Fax Number: L 303i_ 429-5916 CC: STATE OR FEDERAL LANDOWNER(if any) Agency: Street: City: State: Zip Code: Telephone Number: ( )- CC: STATE OR FEDERAL_LANDOWNER(if any) Agency: Street: City: State: Zip Code: Telephone Number. ( - • • 15. Description of Amendment or Conversion: If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s). N/A • Maps and Exhibits: Five(5)complete,unbound application packages must be submitted. One complete application package consists of a signal 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 five(5)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)(6): EXHIBIT A Legal Description EXHIBIT B Index Map EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lends to include the location of any recorded easements EXHIBIT D Mining Plan EXHIBIT E Reclamation Plan EXHIBIT F Reclamation Plan Map EXHIBIT O 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 Sauce 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 I.6.2(1)(b) ADDENDUM 1 -Notice Requirements(sample enclosed) Rile 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 I.6.2(I)(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. I • • - 5 - 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. ,Y`ro 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; kr() 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 pennittee 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; mdV 5. It is your responsibility to notify the Office of any changes in your address or phone number; a/co 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 Mmed Land Reclamation Board; and, c. the permit number. je7. The boundaries of the permit boundary area must be marked by monuments or other markers p� that are clearly visible and adequate to delineate such boundaries prior to site disturbance. V 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. I , • #422 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 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. 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. p 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.RS.). 2. No mining operation will be located an lands where such operations are prohibited by law(Section 34-32.5-115(4)(f), 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 34-32.5-120,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 statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503,C.RS. Signed and dated this . 3 day of S*, — , 2,06 / l7u��s Ckn c l r it-t (n. If Corporation Attest(Seal) Applicant/Operator o Comp - • Signed: Signed: vL iL 1a — Corporate Secret>W*y.or.E4aivalent. Title: i (.2„€317: Town/City/Co ni rti rk •_'. State of Colorado )ss County of Adams The foregoing instrument was acknowledged before me this 3rd day of May, 2001 by Mike E. Owens as President of Owens Bros Concrete CO John L. Owens Corp. Secretary Owens Bros Concrete CO LtXt P . 6 fla 1 EJTTY H. GIWS Notary publiCBet y H. Gi is NOTARY PUBLIC STATE OF COLORADO My Commission expires: MyCommissbnEg tts*0219001 - SIGNATURES MUST BE IN BLUE INK • • Banks and Gesso, LLC EXHIBIT A—LEGAL DESCRIPTION Legal Description A legal description for the property to be affected by the proposed mining area is described as follows: The affected land can be described as lying within the South % of the Southwest %, the West % of the Southeast '/, and the entire NE '/ of Section 28, Township 3 North, Range 67 West of the 6"' Prime Meridian, as shown on Exhibit B, Index Map. Nix Property Sand and Gravel Mine.CDMG.112 Permit 20075.WD Owens Brothers Concrete Company May 2001 3 v --- ., -17" L `--,<i- ; \ _ n Q14#\ n` le,0,__, II iN la.f Dees 94 ' gepp✓• —>\--7e0Th , 2," � � ti22 C 1— ;• Ir . / ands;/, \ -'�f ii '° r rG1-- ��I �_ — — W BM 7% I� • •it ' ' P� 87 V ' 1 I x Staled II I Subleet C G 29 85 ,� 2 0 oes!o ea of 27 x o r a 4 JIIn• i ei,' rTh/ ' Whe. er Lak/11~ ®\\ _ COW ,kJ • 1 _.°` -� I o�g of, — —� rg"fir=.� e _ eirri/``I •ss At Vraie Sell - 0 zSvcs:5 � \_l g � J// J o p 34 C • � � � � 32 %78 _ 09 f J / >aPe I(2) ;\aa�::rmew DiT.. � o ^n Q �awaedeeeeree ':_fI Sine let TimaiN ,�� BOTT�p� I aineuwarar� In II Banks & Gesso, LLC Exhibit B:Index Map ima 720 Kipling, Suite 117 Owens Brothers Concrete Company Lakewood, CO 80215 Nix Property banksandgesso.com 4/24/01 20075 Hello