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HomeMy WebLinkAbout20111418.tiff 06/02/11 08:24 FAX 3032891348 L G EVERIST 2002 L.G. EVERIST, INC. 1 CORPORATE OFFICE 3005.PHILLIPS AVE.•SUITE 200 Y.O.BOX 5629 WSIOUX FALLS,SD 57117-5629 PHONE 605-334-5000 FAX 605-334-3656 -9 . MOUNTAIN DIVISION • -. 7921 E.66TH AVENUE•SUITE 200 HENDERSON,COLORADO 60640 303.267.9606 June 2, 2011 - FAX 303.289.1346 Mr. Eric Scott Environmental Protection Specialist Division of Reclamation, Mining and Safety 1313 Sherman St., Room 215 Denver, Colorado 80203 Sent via Email and Certified Marl# 7007 3020 0001 1230 6776 RE: Request for Partial Release of Performance and Financial Warranties, L.G. Everist, Inc.'s Rinn Valley Resource, M-1997-093, Phase 3 Dear Eric: L.G. Everist, Inc. requests a partial release of the financial and performance warranties of the area known as Phase 3 of the Rinn Valley Resource, a surface sand and gravel mine. Phase 3 is the easternmost section of the Rinn Valley mine site. DRMS Permit#: M-1997-093, Rinn Valley Resource Legal Description: Section 10, Township 2 North, Range 68 West, 6th PM,Weld County Mine Address: 10200 Weld County Road 7, Longmont,CO 80504 LandownerlOperator: L.G. Everist, Inc. L.G. Everist has completed the majority of the reclamation required for Phase 3. The reclamation plan for Phase 3 is for it to be lined water storage. The liner for Phase 3 has been certified and approved by the Colorado Division of Water Resources, Office of the State Engineer, in an approval letter dated December 20, 2010 (attached). The backfilling and 3:1 sloping have also been completed. We have attached the Phase 3 Contours as-built map and a copy of the mining plan map for your reference. We are requesting only a partial release for Phase 3 because it does not yet have the vegetation required to be considered fully reclaimed for a full release. We look forward to scheduling a partial release inspection with you as soon as possible. For scheduling or any other questions, please contact Lynn Mayer Shults at 303-286-2247 or Imshults@lgeverist.com. Sincere Lynn Mayer Shults Regulatory Manager cc: L.G. Everist- Dennis Fields, Roger Servold, Richard Schneider, Jim Sittner, Matt Noteboom Weld County Clerk to the Board (via facsimile 970-352-0242) P))\)‘:' CC. PL, Qu: - a" ti 2011-1418 RV-DRMS-PartialFteleaseReq-Jun2011.6oc- via Email and Certified Mail#7007 3020 0001 1220 6776 06/02/11 08:25 FAX 3032891348 L G EVERIST l 003 •. C°�o'\ DEPARTMENT OP NATURAL,RESOURCES ° DIVISION OF WATER RESOURCES * +e ta? * ' Bin Einar,lr- Governor liefike King_ December 20, 2010 ExecutiVeDireebor . Dick Wolfe,P,E, Director/state Engineer • David L.Nsttics,P.E. Division Engineer DEERE &AULT CONSULTANTS MR. ROY SPITZER, P.G. 600 S. AIRPORT ROAD, BLDG A, STE 205 LONGMONT, CO 80503 RE: PHASE 3, L.G. EVERIST RINN VALLEY GRAVEL MINE (DRMS M1997-093) SECTION 10,T2N; R68W=WATER.DIVISION 1,WATER DISTRICT 5 D&A JOB NO. CG-0201.001.00. Dear Roy: The purpose of this letter is to approve the lining of the Rinn Valley Phase 3 Pit This pit is located in the Wh of the SE%of Section 1O, T2N, R68W, and is a part of the L.G. Everist Rinn Valley Gravel Mine (DRMS M:1997 093 - WDID 0503004). The coinpactpd soil • embankment liner was completed on August 13, 2010. A site inspection was performed by -,Jonathan'Heinandei of our office on Decerriber 2, 2010 to review site conditions and the leek'test plan. Your letter dated December 7, 2010 provides the liner summary and 90-day leak test result The test data provided indicates that the pit has been lined to the design standard referenced in the August 1999 State Engineer Guidelines for Lining Criteria for Gravel Pits (1999 SEO Guidelines). Meeting the design standard requires'that all water inflows and outflows for the liner perimeter enclosed area must be accounted for on a monthly basis. With this liner approval, The Rinn Valley Phase 3 Lined Pit may be used to store water in accordance with the 1999 SEO Guidelines. Prior to ANY use of this site, the owner or operator will need to coordinate with Shera Sumerford,District 5 Water Commissioner, to review operations and accounting. Please contact Jonathan Hernandez at the number below if you have any questions. Sincerely, David L. Nettles, RE. Division 1 Engineer ec: Shera Sumerford. District 5 Water Commissioner . Joanna Williams, DenverSEO Water Division 1 • Greeley 810 9m Street,Suite 2O0 a GieeIey,CO 80631 •Phone:970-352-8712•Fax:970-392-1816 www.wdter_state.co.us • 06/02/11 08:25 FAX 3032891348 L G EVERIST Z004 1 0 3 Q Approx.Centerline Key Trench / Approx.Liner Delineation 5431 Fcct Lang Average 20.4 Feer High i. C i(f: ,. ::? 1 0 1 0 200 400 I Scale in Feet . ...- DRAW n.MTh I oao.o« ... . 41 DATE oremo l,.G.F.VF.RISTa JNC. w..o w.C1 wr ..u. RINN VALLEY ;� av �.�r.i...°0''°"° Phase 3-Site Map 08/02/11 08:25 FAX 3032891348 L G EVERIST Z005 aeea a L —•%UMoa CM D►UOB OS•N09U3dN3N among wa'o.* a .c rw=roa .„,= lbglwr ac onkax MMUS 90NIDD 6906 -Th—v.....ro in wva• i a ,•,� L ,n y„e rrrch l =1 y NYId dwxm •00 moue aaIsadxv -' .a F - - re r•rr "'OE artiu as 1 I 1 ,k . I . — —„ i , I w it •N I { - - I ' t i ii 1 a 1 _______-_,,,,-,_.2.,..,-7y------ll5E • ...... ` 9 ,' II • I iti g- 1------.--,,----4.-._•„ 1 i - '-- ` /` / aC a , hl' El pI g � � ��� / 41 {{li ill I I ` - !Miff � � hl il -,-?-:e‘N.... ".. i' ill — —r \ . 14---- -x, 111 j a Q I C' i/N �` 1/71 .I ! 11 it � Ed: \ ly N 1K A I `r \ ` 1 i I I iiiiiz 1, 1 %° a . I\ ` ,: ii ,/ / d IiI Ii IIix 41 ±r } —— _ __ �, I. III I i Ili I h III .:I•I .- . / "_ , �eerkk � f >, li I i h � � \q i t\ � 3'.. /� i m s I "VII I \ ,� ��i' s I I! �ti1 � 111 ; fly:'=°\\' — 1. ��3_loir --I I , 1 lit I 4 (Z' \�� ..$:I i- \ �• . A • ,ill, gg h di N I a x �I 1. I„liill 12)_, \ II ❑ R : aj� i uf} M I. , I 1g1! e Fe a. E E _ *Ea)SWIM I. 1 1:171— -1?--- . I :77:—::--- —_:t eoxi7-- -- \ -ij••// I —__fill o 1 t 06/02/11 08:24 FAX 3032891348 L G EVERIST U001 L. G. EVERIST, INC. 7321 E.88OAVENUE.SUITE 200 HENDERSON, CO 80640 telephone 303.287-4656 dba ANDESITE ROCK COMPANY facsimile 303-289-1348 DATE June 2, 2010 PAGES cover+4 Weld County Clerk to the Board TO 915 10th Street, 3fd Floor FAX 970-352-0242 Greeley, CO 60631 L.G. Everist, Inc. FROM Contact: Lynn M. Shults FAX 303-289-1348 Phone: 303-286-2247 RE Acknowledgement of Receipt To Weld County Clerk to the Board: L.G. Everist, Inc. has sent information to the Colorado Division of Reclamation, Mining and Safety(DRMS) to request a Partial Release of Performance and Financial Warranties for a portion of their state permitted mine site known as Rinn Valley Resource, DRMS#M-1997-093. This site is permitted as Weld County USR# USR-874. As required by DRMS regulations, a copy of these materials sent to the DRMS must also be sent to the County Clerk and Recorder for the county's public records. Please acknowledge that you have received a copy of the materials listed below by signing this form and returning it to L.G. Everist, Inc. After acknowledgement is returned, L.G. Everist will forward a copy to: Colorado Division of Reclamation, Mining and Safety, 1313 Sherman Street, Room 215, Denver, Colorado, 80203, via fax number 303-832-8106. Materials Titled: RE: Request for Partial Release of Performance and Financial Warranties, L.G. Everist, Inc.'s Rinn Valley Resource, M-1997-093, Phase 3 [Total 4 pages - 1-page letter and 3-pages of attachments to Eric Scott of the Colorado Division of Reclamation, Mining and Safety, from L. G. Everist, Inc., dated 06/02/11] Please acknowledge that you have received and placed in the public record a copy of the materials listed above and please fax this acknowledgment back to L.G. Everist, Inc. Thank you. Acknowledged by Weld County Clerk to the Board: Signatur Date Name(pleeaage print) RV-DRMS-PartlalReIeaseReq-toWaldCerk-Jen2011.doc _' STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources _ 1313 Sherman St., Room 215 O R D O Denver,Colorado 80203 - - -- D I v I s 1 O N o r Phone: (303)866-3567 RECLAMATION FAX:(303)832-8106 ry MINING SAF ETV John W.Hickenlooper Governor Mike King Notice of 112c Construction Materials Executive Director Financial Warranty Reduction Request Consideration Loretta E.Pineda Director DATE: June 7, 2011 TO: Weld County Commissioners County Commissioner 915 10th St Greeley, CO 80631 .¶vile Pa, ECS FROM: Eric C. Scott, Environmental Protection Specialist RE: L.G. Everist, Inc., Rinn Valley Resource, Permit No. M-1997-093 Please be advised that on June 7, 2011, L.G. Everist, Inc., whose address and telephone number are 7321 E. 88th Ave., Ste 200 , Henderson, CO 80640; (303) 287-4656, submitted a request for financial warranty reduction for the Rinn Valley Resource, Permit No. M-1997-093. The construction materials extraction operation is located at or near Section 10,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. Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mine, • i r ii {III{I {I ft OF COLORADO DIVISION OF MINERALS AND GEOLOGY I IIIIII III Department of Natural Resources 999 pi 1313 Sherman SL. Room 215 \.\\ Penner.Colorado QG� 0 �_n� 866-3567Phone:(303) �y 41 FAX:(303)832_-8)06 0`\ �epo9V DEPARTMEI v NATUF RE SOUR CONSTRUCTION MATERIALS REGULAR (112) OPERATION c.?" Roy Romer ,,`•t` Governor RECLAMATION PERMIT APPLICATION FORM lames S.Lochhead Executive Director Michael B.Long Division Director CHECK ONE: XX_ New Application (Rule 1.4 .5) Amendment Application (Rule 1.11 Conversion Application (Rule 1.11) Permit # In -`1.,I _-003 -_ (provide for Amendments and Conversions existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit conta: three major parts: (1) the application form; (2) Exhibits A-S, Addendum 1, any sections Exhibit 6.5 (Geotechnical Stability Exhibit; and (3) the application fee. When you submit yt application, be sure to include one (1) complete signed and notarized IVORY ORIGINAL and four copies of the completed Ivory application form, five (5) copies of Exhibits A-S. Addendum appropriate sections of 6 .5 (Geotechnical Stability Exhibit, and a check for the application : described under Section (4) below. Exhibits should NOT be bound or in a 3-ring binder; me should be folded to 8 1/2" X 11" or 8 1/2" X 14" size. To expedite processing, please prov: the information in the format and order described in this form. 5aS— 44:1S GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, ALL information requested below. z 1. Applicant/operator or company name (name to be used on permit) : Andesite Rock Company 1.1 Type of organization (corporation, partnership, etc. ) ; Col nrntinn 1.2 I.R.S. Tax I.D. No. or Social Security Number: Phillip Catnenisch Re 2 . Operation name (pit, mine or site name) : 3 . Permitted acreage (new or existing site) : 243 permitted act 4 3.1 Change in acreage (+ or -) acres 3.2 Total acreage in Permit area 243 acres 4. Fees: 4.1 New Application $1, 875.00 application 4.2 New Quarry Application $2,325.00 quarry applicat 4.3 Milling Application (Non-DMO) $3, 100.00 milling applicat 4.4 Amendment Fee _ $1, 550.00 amendment 4.5 Conversion to 112 operation (set by statute) _ $1, 875.00 conversion - 2 - 6. Mama of owner of subsurface rights of affected land: Phillip Camenisch If 2 or more owners, "refer to Exhibit o" . 7. Name of owner of surface of affected land: Phillip Camenisch 7.1 Names of the holders of any recorded easements on the affected land: Rural Ditch Company. Basin Operating Cn HS Resources 8. Type of mining operation: XX Surface _ Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN (check one) : 6th (Colorado) _ 10th (New Mexico) _ Ute SECTION (write number) : S 10 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 _ NW SE X SW QUARTER/QUARTER SECTION (check one) : _ NE _ NW SE X SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the 1/2 mile SW of the I-25 and CO 119 Interchange, Elevation 4,860 approximate elevation) : 10. Primary future (Post-mining) land use (check one) : Cropland(CR) X Pastureland(PL) General Agriculture(GA) Rangeland(RL) J 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 one) : Cropland(CR) X pastureland(PL) General Agriculture(GA) Rangeland(RL) _ Forestry(FR) _ Wildlife Habitat(WL) Residential(RS) _ Recreation(RC) _ Industrial/Commercial(IC) Developed Water Resources(WR) 12. Method of Mining: Briefly explain mining method (e.g. truck/shovel) : pry mining with a wheeled front lnvr) x 13. On-Site Processing: ii Crushing/Screening 13.1 Briefly explain on-site processing: Crushing, screening, and washing to produce construction aggregates. List any designated chemicals or acid-producing materials to be used or stored within permit area: - 3 - 14. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: Dennis Staebell Title: Manager Company Name: Andesite Rock Company Street: 9065 Quince Street city: Henderson State: Colorado Zip Code: 80640 Telephone Number: ( 303 ) _ 287-9606 Fax Number: ( 303 ) - 289-1348 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Gary J. Tuttle Title: Principal Company Name: Tuttle Applegate, Inc. Street: 11990 Grant Street, Suite S55 City: Denver State: Colorado Zip Code: 80233 Telephone Number: ( 303 ) - 452-6611 Fax Number: ( ;(1-; ) - 457-?759 INSPECTION CONTACT Contact's Name: Dennis Staebell Title: Manager Company Name: Andesite Rock Company street: 9065 Quince Street City: Henderson State: Colorado Zip Code: 30640 Telephone Number: ( 303 ) - 287-9606 Fax Number: ( 303 ) - 289-1348 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: ( ) - - 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. PS1 . 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 affecte lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; 0 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; 14 5 . It is your responsibility to notify the Office of any changes in yot address or phone number; 6 . Upon permit issuance and prior to beginning on-site mining activity, TTTTT TT 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 . e 6 lilt 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 0 permit is issued. 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 reclaimec 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. 14 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 CONNENTORS/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 . • • • - 7 - • 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 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.R.S. Signed and dated this ? .ir/day of -127p./Cerl 997. Andesite Rock Company If Corporation Attest (seal ) Applicant/Ope r or Company Name rc i .' Signed: ��G �� Signed: itil'� 6C. 7rG• 5, Corporate Secretary or Equivalent Title: !/r.B .45Z. Town/City/County Clerk State of (erla.Godz A ) ss A County of d//Aix The foregoing instrument was acknowledged before me this 3Q day of .ii.vmA.,[ , /997, by Denrnl/s G. b,- c // as Vic...-. (1/'1tc.ce/1)T of ! ,TAR '° Nota u•, C `� O My Commission expires - J� — a SIGNATURES MUST BE IN BLUE INK 06/26/97 2823FC0.112 1 • • EXHIBIT A Legal Description The southwest 'A and west 1/4, southeast Vi, Section 10, Township 2 North, Range 68 West, of the 6th Prime Meridian, Weld County, Colorado. A-1 • 68W . J n 1.j • L 4 / I i` J Ur -k It It-1,7y if — �c . , • i � J y' 9 • . .0411-` 10 12 . c . Nr , i 1 'SITE AREA, 2N P • • � .. J L. L '' , 'C. • ;� I, i• • ' i 4✓Ip ' \ t J lime -- �{{� i _ 15 I4 1 61. .. — -rte---4874 _ ., r_-_ �_r—_ .. a . ./ I / . As. Q e /// // .:'< ..•, VICINITY MAP CAMENISCH ANDESITE ROCK COMPANY a TtrttleApplegate,lnc. DATE 09/17197 sCAI>? 1°=z,000 >_ ' Cumin 0miSimgsrad.rw. JOB NO. 97-167 . - 1199oOW to 4o s e sss DRAWN SLIT o� >_ naa odooeo sons SHEET: 1 of 1 pW)1siE6T1MX(303$5l-77” CHKD SPN Hello