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
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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
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