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HomeMy WebLinkAbout20112227.tiff 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 Reclamation Permit Release Request Consideration Loretta E.Pineda Director DATE: August 15, 2011 TO: Weld County Commissioners County Commissioner 915 10th St Greeley, CO 80631 4141,0 � inkFROM: Michael A. Cunningham, Environmental PTo�tion Specialist RE: Flatiron Constructors, Inc., Camenish Borrow, Permit No. M-2006-078 Please be advised that on August 8, 2011, Flatiron Constructors, Inc., whose address and telephone number are P.O. Box 2239 , Longmont, CO 80504; (303) 485-4050, submitted a request for full reclamation responsibility release 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 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 within 15 days. The Division is required to wait 30 days after the release decision is made to allow for appeals. Public RictcL.�r CC PtAPLI ,3Dl -aaa-) - 9- II `3- 13-1l Office of Office of Mined Land Reclamation Denver • Grand junction • Durango Active and Inactive Mines 20010 - 074' STATE OF COLORADO MOWN OF RECLAMATION,MINING AND SAFETY Depa men(of Newel Resource' 1313 Sherman SL,Roars 21S ^ ' l / GV l� Yn _. � "�"1 COLORADO Renee.Colorado,0203 t DIVIf1ON Ot Phenix D0M 066-3567 P� l RECLAMATION FA R:(3031631-0106 �vu I '"`�"� MINING Rivision of Reclamation, 01± Sib n((l I °/''Mining and Safety SAFETY CONSTRUCTION MATERIALS WI Owns SPECIAL(111)OPERATION Governor Russell Graze RECLAMATION PERMIT APPLICATION FORM Ewculi a Din' Rona W.Car, Dhstion Dlrtaar Natural ReouoTnrra lit application foci Cotiuctioa Mskiiak Special 111 OpaatiocReclamalion Pant contains Sax awjwparb:(1)the applicationform (2)adult A-I.,Addendum I.andanyaaticesofExhfiit63(GcetechniedSab74yExhibit),arequiredbytheOffice,zedcutlined in Rules 6.1,6.2,63,65,and 1.6.2(Ixbk(3)the application fec(4)Poe Pe fortme%tin nlyoad if required a Finnciai Warranty.When you submit your application.be sr to Shade ore(Deomeleited.dated and aslarlad ORIGINAL and am(1)copy of the completed application form,taw(2)copes of Exhibits A-4 Addendum I,appropriate section of Exhibit 6.5(Geotecimical Stability Exhibit),as required.acheck fortheappliatioa fee described under(4)below,aod the f Myer aredParanoia Warranty and Festal Wareare,if required. Exhibits should NM be bound or in 3-ring binders;nape ahwM be folded to 8?X I I"or 8 2"X I4"size. To expedite processing,please provide the animation in the forert and order daaibed in this form GENERAL OPERATION INFORMATION Type or print dearly,In the apace provided,all Information described below I. AsrotleanHaoerator or eenmanv name(same to be used en the nermltb 12‘. Flatiron Constructors, Inc, c__— 1.I Type of organization(corporana,partnership,atc.k corporatiohn 2. Onenda name Mit.neseordtenanel, Camenish Borrow 3. Fa- 1n-1 s..a 30 Permitted Acres 4. Nralipalispikat S781.00 Application Fee 5. Primnmmowdiddeltohemtoedl Sand and Gravel 6. Nam of owner to the surface defected land: Phil Camenish 7. Name of owner to the sbsurhee note of affected lint Phil Camenish 8. Tvne artist mention; �(_Surface _Underground _In-situ 9. • The saga of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN(check one) _X__ 6th(Colorado) _ 10th(New Mexico) _ Ute SECTION(write camber): S 15 TOWNSHIP(write number and check direction): T 2 X North South RANGE(write number and check direction): R 68 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 minter of miles and direction from the nearest town and the approximate elevation): Office of Office at Mined Land Reclamation Active and eatlhe Mines .. -2- 10. Prkuary Mime Entrance Location(report in either Latitude/Longitude QR UTM): Latitude/Longitude: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude(N): deg min sec_. (2 decimal places) Longitude(W): deg min sec—. (2 decarol places) OR Example: (N) 39.73691° (W) -104.98449° Latitude(N) 40 . 13881 (5 decimal places) Longitude(W) 104 . 98883 (5 decimal places) OR Universal Tranverse Mercator(UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2N UTM Datum(specify NAD27,NAD83 or WGS 84) Zone Eastin8 Northing 11. Primary Future(Pont-mkllnn)Land Use(check only one): Cropland(CR) _Pastureland(PL) _General Agriculture(GA) Rangeland(RL) Forestry(FR) Wildlife Habitat(WL) _Residential(RS) _Recreation(RC) _Industrial/Comrnercial(1C) Developed Water Resources(WR) Solid Waste Disposal(WD) 12. Primary Present Land Use(check only one): _Cropland(CR) _Pastureland(PL) General Agriculture(GA) Rangeland(RL) Forestry(FR) _Wildlife Habitat(WL) Residential(RS) Recreation(RC) _industriaUCommercial(►C) Developed Water Resources(WR) _Mining(MN) 13. Estimated Berdonina Date otContract November 30, 2006 131 Estimated completion date of contract: November 30, 2007 -3- 14. Corret ondencg Information: APPLICANT/OPERATOR (name,address,and phone of name to be used on permit) Contact's Name: Tony Rathbun Title: Project Manger CompanyName: _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 — PERM TrTN(i CONTACT (if different from applicant/operator above) Contact's Name: Mike Hart Title. Company Name: Hart Environmental Street/P.O.Box: P.O.Box: 1 3 0 3 City: Boulder State: Colorado Zip Code: 80306 Telephone Number_ ( 303 )- 444-6602 Fax Number: ( 303 3- 402-9049 INSPECTION CONTACT Contact's Name: Tony Rathbun Tide: Company Name: same as above Street/P.O.Box: P.O.Box: City: State: Zip Code: Telephone Number: ( l- Fax Number: ( ) CC: STATE OR FEDERAL.LANDOWNER(if any) Agency. Street: City: • State: - _-- Zip Code: Telephone Number: ( )- CC: STATE OR FEDERAL LANDOWNER(if anv Agency: Street City: State: Zip Code: Telephone Number: ( j- -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 II-Municipalities Within a Two-mile Radius 6.3.9 EXHIBIT I-Proof of Filing with County Clerk 6.3.10 EXHIBIT I-Proof of Mailing Notices of Permit Application 6.3.11 EXHIBIT K-Terms of Governmental Contract 6.3.12 EXHIBIT I.-Permanent Man-made Structures 1.6.2(1)(b) ADDENDUM I -Notice Requirements 6.5 Geotechnical Stability Exhibit(as required) 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 reouirement,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 MI explanation. I. 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 in the event your permit is revoked and financial warranty is forfeited; 2. 'I(me Board may suspend or revoke this permit,or assess a civil penalty't upon a finding that the perrmrineea violated the terms or conditions of this permit,the Act,the Mineral Rules and Regulations,or slut information contained in the application or your permit misrepresent important material facts; 03. 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 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; G. Upon permit issuance and prior to beginning on-site mining activity,you must pasta sign at the entrance of the mine site, which shall be clearly visible from the access road,with the following information(Rule 3.LI2):• I a. the name of the operator; i b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board;and, I t c. the permit number. I t t -5- 4 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;ire 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 0 issued. 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 I, 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 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 ofa 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. -6- 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. 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 lobe compensated for by the applicant/operator(Section 34-32.5-I 15(4)(e),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)M,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,CRS. 1984,as amended)as determined through a Board finding. 6. 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. 1984,as amended. 27Y1s form has been approved by age Mined Land Reclamation Board pursuant to section 34-325-111,CRS,of the Colorado Land Reclamation Act for the&traction of Construction Materials. Any alteration or modification of this form shall resalt it voiding any permit issued on the altered or modified foray and subject the operator to cease and desist orders and Oa penalties for operating without a permit pursuant to section 34-32.5.123,CRS • L Signed and dated this �i/ day of . N'✓isat , AroG "i !_J 1 1 If Corporation Attest(SSA ,'' 1, Applicant/Operator rn_ i , By: lyy �r?ir/hi� By: Equivalent Title: �..4-f- own/ ty/Comfy Clerk State of 0 PIA)IQADO ) n )ss. Countyof AtDPn' s ) ,, I The foregoing instrument was acknowledged betbrc me this It day of a\nit E►�)C Z- p, i by'T M/ Rfritt4kuN as'PRDTErp1A6A1A.(-7&7-- 1 -of LZsTUZ0NP0N• oSTKcciCITD2 `XN L. • No 11 blic My Commission expires: I(:)/2g/.2-O6)Ce SIGNATURES MUST BE IN BLUE INK N;min Aorevitanm'Caswcliovl 11(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(66) P.M. Located in Weld County, Colorado. Containing thirty(30)acres more or less. RECEIVED NOV 7nn6 Division of Reclamation, Mining and Safety a 1O0'0+ mop printed an from xn ' lietrof $tnjct reS-Wiee M '••Uwd nuUe4.tp'; ' 105.0166r' w 1tt5.00000* w 104 99333" w NAD27 t04.96&47• w ♦ I. 1 •• /1" te liaie.-ir ono. ‘ • )1". • •l 1 •rl• • •. , • • tee • s .S I L• s . ;I ., . .1 I - - .-- 4, . 7/ . ,..,)et;. 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