HomeMy WebLinkAbout20101140.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
—&—
SAFETY
Bill Ritter,Jr.
Governor
James B.Martin
Executive Director
Loretta E.Pineda
Notice of 112c Construction Materials Director
Reclamation Permit Release Request Consideration
DATE: May 24, 2010
TO: Weld County Commissioners
County Commissioner
915 10th St
Greeley, CO 80631
FROM: Michael A. Cunningham,Environmental Protection Specialist m r 4Oc- M he.—
RE: Bestway Paving Company, Pit No. I, Permit No. M-1977-315
Please be advised that on May 18, 2010, Bestway Paving Company, whose address and telephone number are P.O.
Box 336633 , Greeley, CO 80633; (970) 381-5087, submitted a request for full reclamation responsibility release for
the Pit No. 1, Permit No. M-1977-315. The construction materials extraction operation is located at or near Section 2,
Township 5N, Range 66W, 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.
RC-
I U Cc, P1,
2010-1140
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines
REGULAR OPERATION (112) w
RECLAMATION PERMIT - •'-'-
APPLICATION FORM IUD •
) >«
CHECK ONE: _ New Application (Rule 1.4.5) xxx. Amen l cation (Rule 1.10)
Conversion Application (Rule 1.11) JAN 1 9
wzwn U,I.unerel
Permit e M 77 - 315 (provide fot amendments and co o of existing
permits) D•HicioRo)Miner
The application for a Regular Operation Reclamation Permit contains three major parts: (1)
the application form; (2) Exhibits A-S and Geotechnical Stability Exhibit; and, (3) the
application fee. When you submit your application, be sure to include one (1) signed and
notarized original and four (4) copies of the application form, five (5) Copies of Exhibits
A-R and any required sections of Exhibit S and the Geotechnical Stability Exhibit, and a
check for the application fee described under Section (16) on Page 3. Exhibits should not
be bound or in a 3-ring binder; maps should be folded to 8 1/2' X 11' or 8 1/2• I 14■ size.
To expedite processing, please provide the information in the format and order described in
this form. "v
CL LaatL man LIIannLLCLIIaIILLaaCLaiLCL met= LtLL am == _an aLIILittna-L
GENERAL OPERATION INFORMATION
Type or print clearly, in the space provided, all information described below.
===============================================.5=====..===== LL LL ==================,====
1. Applicant/operator or company name (name to be used on permit) :
•
Restway Paving Co pant
1.1 Type of organization (corporation, partnership, etc.) : None
1.2 I.R.S. Tax I.D. No. or Social Security Number: 84-9527796
2. Operation name (pit, mine or site name) : Pit No. 1
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3. Permitted acreage (new or existing site) 75 permittedaczes
3.1 Change in acreage (+ or -) (amendment or conversion) -17 Sate
3.2 Total acreage in Permit area 58 acres
4. Fees:
4.1 New Application $1.875.00 application fee
4.2 New Quarry Application 52.325.00 quarry application
4.3 Milling Application (Non-DMO) 53.300.00 milling application
4.4 Amendment Fee 81.550.00 amendment tee
4.5 Conversion to 112 operation (set by statute) $1.500.00 conversion fee
5. Primary ceomioditie(s) to be mined: gravel
6. Name of owner of subsurface rights of affected land: Bestway Paving Company
If 2 or more owners, refer to Exhibit O.
7. Name of owner of surface of affected land: Restway Paving Company
8. Type of mining operation: xn Surface _ Underground
9. Location Information: the center of the area where the majority of mining will occur
lies in: Weld
COUNTY:
PRINCIPAL MERIDIAN (check one) : `?` 6th (Colorado) __210th (New Mexico) _ Ute
SECTION (write number) : S
10WNSNIP (write number and check direction) : T. --S-- . North South
RANGE (write number and check direction) : R -66-- East la west
TER/SECTION (check one) :
X Lb NB NW SE SW
QUARTER SECTION (check one) : NE NW SE — SW
GENERAL DESCRIPTION (miles and direction from nearest town and approximate Zevation),:
Northwest corner of the City of Greeley, 4700 elevation
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-: : :_ ORIGINAL
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... -9 �itt:'vL'i'Rr'Q.�R;0Yft,cp...g4• r7".; .. .. ... . .
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10. correspondence Information:
APPLICANT/OPERATOR (name, address, and phone of name to be used on permit)
Contact's Name: Carl Hill Jr. Title: President
Company Name: Bestway Paving company
Street: 131 Nnrth 35th Avenue
City: Greeley
State: Colorado Zip Code: 80633
Area Code: 303 Telephone: 353-1654
PERMITTING CONTACT (if different from applicant/operator above)
Individual's Name: Tuttle Applegate. Inc.
Company Name: Gary J. Tuttle
Street: 11990 Grant Street Suite 410
City: Denver
State: Colorado Zip Code: 80233
Area Code: 303 Telephone: 452-6611
INSPECTION CONTACT
Individual's Name: . Carl Hill Jr
Company Name: Bestway Paving Company
Street: 131 North 35th Avenue
City: Greeley
State: Colorado zip Code: 806.53-
Area Code: 303 Telephone: 353-1654
CC: STATE OR FEDERAL LANDOWNER (if anv)
Agency:
Street:
City:
State: Zip Code:
Area Code: Telephone:
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State: Zip Code:
Area Code: Telephone:
11. Primary flitHER (Post-mining) land use (check one) :
rop and(CR) _ Pastureland(PL) _ General Agriculture(GA)
Rangeland(RL) _ Forestry(FR) Wildlife Habitat(WL)
XX s Residential(RS) Recreation(RC) 3iindustrial/Ccasarcial(IC) "
oped Water lisources(WR) _ Solid Waste Disposal(WD)
12. Primary present land use (check one) :
_ Cropland(CR) yy Pastureland(PL) General Agriculture(GA)
_ Rangeland(RL) Forestry(FR) — Wildlife Habitat(WL)
_ Residential(RS) Recreation(RC) Industrial/Commercial(IC)
_ Developed Water Resources(WS)
13. Method of Mining: cM Quarry (QM _ Solution (SO)
13.1 Other: Briefly explain mining method (e.g. Placer, truck/shovel) .
Loaders Fa Scrapers
14. On Site Processing: Solution (SO) _ Chemical (CH) _ Thermal (TH)
Heap Leach (HL) Vat Leach (VL)
List any designated chemicals or'acid-producing materials to be used or stored within permit
area:
N/A
• g- •
Description of Amendment:
If you are amending or converting an existing operation, provide a brief narrative describing
the proposed change(s) .
Naos and Exhibits:
Five (5) complete, unbound application packages must be submitted. One complete application
package consists of a signed application form and the set of maps and exhibits referenced
below as Exhibits 21-S 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 and 6.5:
EXHIBIT A - Legal Description
EXHIBIT B - Index Map
EXHIBIT C - Pre-Mining and Mining Plan Map(s) of Affected Lands
EXHIBIT D - Mining Plan
EXHIBIT S - Reclamation Plan
EXHIBIT F - Reclamation Plan Map
EXHIBIT G - 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 - Source of Legal Right-To-Enter (See C.R.S. 34-32-112(2) (d)]
EXHIBIT O - Owners of Record of Affected Land (Surface Area) and Owners of Substance
to be Mined (See C.A.S. 34-32-112(2) (b) & (c)1
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 and Recorder
EXHIBIT S - (any required sections)
RULE 6.5 - Geotechnical Stability Exhibit
The instructions for preparing Exhibits A-S and Geotechnical Stability Exhibit are specified
under Rule 6.4 and 6.5 of the Mineral 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.
Resoonsi ilities as a Permit tee: •
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 fora full
explanation.
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;
0 tt 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;
C9. 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;
• •
• -q-
• 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;
64 5. It is your responsibility to notify the Office of any Changes in your address or
phone number;
e1- 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 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
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,�pp site disturbance.
(!4- 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 issued.
(1.H- 9. Annually, on the anniversary date of permit issuance, you must submit an annual
fee ($550), 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.
10. For Joint venture/nartnershiu ocerators: the signing representative is authorized
to sign this document and a pourer of attorney (provided by the partner(s)) authorizing
the signature of the representative is attached to this application.
• 5 • .
' Certification: .
As an authorised representative of the applicant, I hereby certify that the operation
described has met the minimum requirements of the following terms and conditions:
1. 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
834-32-115(4) (d) , C.A.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.)
2. No mining operation will be located on lands where such operations are prohibited
by law (Section 34-32-115(4) (f) , C.R.S. 1984, as amended) ;
3. As the applicant/operator, I do not have any mining/prospecting operations in
this state of Colorado currently in violation of the provisions of the Mined Land
Reclamation Act (Section 34-32-120, C.R.S. 1984, as amended) 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 1984, as amended.
i
Signed and dated this ___q____ day of (nnM , /9 .9,(. - . _
Bestway Paving Company
• Applicant/Operaat�or///� If Corporation Attest (Seal)
Signed: -60 n0 /�/.c.. Signed:" ��jj /t ��• "�
///� f corpofate Secretary or Equivalent
Y Title: iIY.4- Town/City/County Clerk
•
State of et`..e./:. )
• ) ss
County of d.,,..A.1 )
The foregoing instrument was acknowledged before me this 9 day of d"..,....7 , /�Sr,
by CAW// gal/ as .."5-2,---r,....7.,..-dr ///A of 'rs/ y Air ,C :.., ` et .
/;;"--./Not o Public lr .
-
My Commission expires: --
2ft9Rwpt
(07/27/94) . •
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EXIIBIT A
P..6A1. DPSCRIPTION
A 58.03 acre tract of land located in the Northeast Quarter (NE 1/4) of Section
Two (2), Township Five (5) North, Range Sixty-six (66) West of the Sixth Principal
Meridian, Weld County, Colorado and being further described as follows:
Commencing at the Center Quarter Corner (Cen 1/4 Cor) of said Section 2,
and considering the South line of the Northeast Quarter (NE 1/4) of said Section 2
to bear South 89°55'53" East, with all bearings herein being relative thereto:
Thence South 89°55'53" East, along the South Line of the Northeast Quarter (NE 1/4)
of said Section 2, a distance of 1242.80, Thence North 13°44'30" West, a distance of 1031.00
feet to the TRUE POINT OF BEGINNING; Thence North 13°44'30" West, a distance of
269.192 feet to a point; Thence North 09°12'16" East, a distance of 1040.610 feet to a point;
Thence North 84°39'18" East, a distance of 81.450 feet to a point; Thence South 89°00'30"
East, a distance of 254.370 feet to a point; Thence South 75°18'25" East, a distance of
125.790 feet to a point; Thence South 66°09'30" East, a distance of 380.460 feet to a point;
Thence South 63°20'48" East, a distance of 155.631 feet to a point; Thence South 23°59'26"
West, a distance of 335.605 feet to a point; Thence South 33°50'49" East, a distance of
271.332 feet to a point; Thence South 83°21'52" East, a distance of 235.047 feet to a point;
Thence North 69°10'49" East, a distance of 153.806 feet to a point; Thence South 31°52'57"
East, a distance of 107.852 feet to a point; Thence North 85°53'03" East, a distance of
529.417 feet to a point; Thence South 06°10'17" West, a distance of 831.058 feet to a point;
Thence North 89°55'53" West, a distance of 766.690 feet to a point; Thence South 06°10'17"
West, a distance of 659.390 feet to a point; Thence North 89°55'53" West, a distance of
4.40.710 feet to a point; Thence North 01°03'42" West, a distance of 654.428 feet to a point;
Thence South 89°19'20" West, a distance of 140.578 feet to a point; Thence North 19°12'51"
West, a distance of 377.236 feet to a point; Thence South 88°57'55" West, a distance of •
379.220 feet to the POINT OF BEGINNING.
Containing 2527958.487 square feet or 58.034 acres, more or less.
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