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NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT L-
FOR REGULAR(112) CONSTRUCTION MATERIALS EXTRACTION OPERATION
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
Weld COUNTY
Miller Family Investments,LLC (the"Applicant/Operator")has applied for a Regular(112)reclamation
permit from the Colorado Mined Land Reclamation Board(the"Board")to conduct the extraction of construction materials
operations in Weld County. The attached information is being provided to notify you of the
location and nature of the proposed operation. The entire application is on file with the Division of Reclamation,Mining,and
Safety (the"Division")and the local county clerk and recorder.
The applicant/operator proposes to reclaim the affected land to Rangeland use. Pursuant to
Section 34-32.5-116(4)(m),C.R.S.,the Board may confer with the local Board ofCounty Commissioners before approving of
the post-mining land use. Accordingly,the Board would appreciate your comments on the proposed operation. Please note
that,in order to preserve your right to a hearing before the Board on this application,you must submit written comments on the
application within twenty(20) days of the date of last publication of notice pursuant to Section 34-32.5-112(10), C.RS.
If you would like to discuss the proposed post-mining land use,or any other issue regarding this application,please contact the
Division of Reclamation,Mining,and Safety, 1313 Sherman Street, Room 215,Denver,Colorado 80203,(303)866-3567.
NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of a
change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate
description of the change.
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Revisions BY DATE DES RE
Notes: DATE Miller Family Investments, LLC
DRN R£ 5/10/10 X Greg Lewicki And Associates Map B-1
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1SC moo 11541 il,rnry,n Cent !90. General Location Map
ADD ovt,p CauSnwins Fat*-lottlawidi.ti Lone Tree Pit
STATE OF COLORADO
DIVISION OF RECLAMATION,MINING AND SAFETY
Department of Natural Resources
1313 Sherman SL,Room 215
Denver,Colorado 80203 COLORADO
Phone:(303)8663567 CONSTRUCTION MATERIALS DIVISION Of
RECLAMATION
FAX:(303)832-8106 REGULAR(112)OPERATION MINING
RECLAMATION PERMIT APPLICATION FORM SAFETY
Bill Ritter,Jr.
CHECK ONE: ❑ There is a File Number Already Assigned to this Operation Governor
Marris D.Shemtan
P-•••' M - - - (Please reference the file number currently assigned to this operatio*).ecmive Director
New Application(Rule 1.4.5) Amendment Application(Rule 1.10) Ronald W.rmany
Division MINN,Conversion Application(Rule 1.11) Natural Resource Trustee
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 Exhibit;and(3)the application fee. When you
submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (1) copy of the completed
application form,two(2)copies of Exhibits A-S,Addendum 1,appropriate sections of 6.5(Geotechnical StabilityExhibit,and a check for
the application fee described under Section(4)below. 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"X 14"size. To expedite processing,please provide the information in the format and order described in this form.
GENERAL OPERATION INFORMATION
Type or print clearly,in the space provided,ALL information requested below.
1. Applicant/operator or company name(name to be used on permits: Miller Family Investments, LLC
1.1 Type of organization(corporation,partnership,etc.): Company
2. Operation name(pit,mine or site names: Lone Tree Pit
3. Permitted acreage(new or existing sites: 40.02 permitted acres
3.1 Change in acreage(+) acres
3.2 Total acreage in Permit area 40.02 acres
4. Fees:
4.1 New Application $2,696.00 application fee
4.2 New Quarry Application $3,342.00 quarry application
4.4 Amendment Fee $2,229.00 amendment fee
4.5 Conversion to 112 operation(set by statute) $2,696.00 conversion fee
5. Primary commoditie(s)to be mined: Sand Gravel Clay
5.1 Incidental commoditie(s)to be mined: 1. Topsoil_ 1,500 lbs/Tons/vr 2. / Ibs/Tons/yr
3. / ibs/Tons/vr 4. / Ibs/Tons/yr 5. / Ibs/fons/vr
5.2 Anticipated end use of primary commoditie(s)to be mined: Roadbase
5.3 Anticipated end use of incidental commoditie(s)to be mined:Reclamation
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines
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6. Name of owner of subsurface rights of affected land: Miller Family Investments
If 2 or more owners, "refer to Exhibit O".
7. Name of owner of surface of affected land: Miller Family II nvestments
8. Type of mining operation: 1 7 1 Surface u Underground
9, Location Information: The center of the area where the majority of mining will occur:
COUNTY: Weld
PRINCIPAL MERIDIAN(check one): R1 6th(Colorado) 10th(New Mexico) IT Ute
SECTION(write number): s 12
TOWNSHIP(write number and check direction): T 8 1 ' North a South
RANGE(write number and check direction): R 66 I East El West
QUARTER SECTION(check one): D DD SW
QUARTER/QUARTER SECTION(check one): -1 NE I—I NW ❑SE SW
GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation):
3 miles northeast from the town of Pierce, CO Elevation 5080'
10. Primary Mine Entrance Location(report in either Latitude/Longitude OR 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 decimal places)
OR
Example: (N) 39.73691°
(W) -104.98449°
Latitude(N) 40 67979 (5 decimal places)
Longitude(W) 104 .71553 (5 decimal places)
OR
Universal Tranverse Mercator(UTM)
Example: 201336.3 E NAD27 Zone 13
4398351.2 N
UTM Datum(specify NAD27,NAD83 or WGS 84) Nad 83 Zone 13
Easting
Northing
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11. Correspondence Information:
APPLICANT/OPERATOR (name,address,and phone of name to be used on permit)
Contact's Name: Brady Miller Title: Managing Member
Company Name: Miller Family Investments, LLC
Street/P.O. Box: 10614 HWY 66 P.O. Box:
City: Platteville
State: Colorado Zip Code: 80651
Telephone Number: (970 )_ 396-1687
Fax Number: (970 )- 785-2066
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name: Ryan Ellis Title: Project Engineer
Company Name: Greg Lewicki and Associates
Street/P.O. Box: 11541 Warrington Court P.O.Box:
City: Parker
State: Colorado Zip Code: 80138
Telephone Number: (303 )_ 880-6690
Fax Number: (303 )- 356-6934
INSPECTION CONTACT
Contact's Name: Brady Miller Title: Managing Member
Company Name: Miller Family Investments, LLC
Street/P.O.Box: 10614 HWY 66 P.O.Box:
City: Platteville
State: Colorado Zip Code: 80631
Telephone Number: f 970 1_ 369-1687
Fax Number: /970 )_ 785-2066
CC: STATE OR FEDERAL LANDOWNER(if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: I )-
CC: STATE OR FEDERAL LANDOWNER(if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( )-
-4-
12. Prima future(Post-mining)land use(check one):
Cropland(CR) 11 Pastureland(PL) Ft General Agriculture(GA)
.0 Rangeland(RL) . Forestry(FR) Wildlife Habitat(WL)
Residential(RS) l Recreation(RC) Industrial/Commercial(IC)
nDeveloped Water Resources(WR) jJ Solid Waste Disposal(WD)
13. Primary present land use(check on1
OCropland(CR) .. Pastureland(PL) General Agriculture(GA)
0 Rangeland(RL) _ Forestry(FR) Wildlife Habitat(WL)
Immr- Residential(RS) El Recreation(RC) 7 Industrial/Commercial(IC)
Developed Water Resources(WR)
14. Method of Mining: Briefly explain mining method(e.g. truck/shovel):
Loader loading a truck or the crusher directly
I5. On Site Processing: lial Crushing/Screening
13.1 Briefly explain mining method(e.g.truck/shovel):
loader loading a truck or crusher directly and no material washing.
List any designated chemicals or acid-producing materials to be used or stored within permit area:
Diesel fuel will be used on site and stored on site when processing is conducted.
16. Description of Amendment or Conversion:
If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s).
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Maw and Exhibits:
Two(2)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 A-S,Addendum t,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 two(2)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(1xb):
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 E 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
EXHIBIT 0 Owners of Record of Affected Land(Surface Arca)and Owners of Substance to be Mined
EXHIBIT P Municipalities Within Two Miles
EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District
EXHIBIT R Proof of Filing with County Clerk or Recorder
EXHIBIT S Penuanent Man-Made Structures
Rule 1.6.2(lxb) ADDENDUM 1 -Notice Requirements(sample enclosed)
Rule 6.5 Geotechnical Stability Exhibit(any required sections)
The instructions for preparing Exhibits A-S,Addendum I,and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and
Rule I.6.2(1)(b)of the Rules and Regulations. If you have any questions OH 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.
Jtesponsibilltles as a Permlttee:
Upon application approval and permit issuance,this application becomes a legally binding document. Therefore,there arc 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;
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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;ircr 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;
$C* Any modification to the approved mining and reclamation plan from those described in your approved
/ /application requires you to submit a permit modification and obtain approval from the Board or Office;
4��$ /5." It is your responsibility to notify the Office of any changes in your address or.phone number;
r` 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 arc clearly
visible and adequate to delineate such boundaries prior to site disturbance.
S. 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.
�,( 9. Annually,on the anniversary date of permit issuance,you must submit an annual fee as specified by Statute,
l/ 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 I,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 feint 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.
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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.
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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:
I. 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. 1 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.
This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,0 R.S.,of the Colorado Land
Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any
permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating
without a permit pursuant to/section 34-32.5-123, C.R.S.
Sig�need and l dated this J e day of sj('�'n �e 10 .
Mlle(r1/€r Y(A m k Iv rs et s L L- If Corporation Attest(Seal)
Applicant/Operator or Gempany Name
Signed: 1 Signed:
Corporate Secretary or Equivalent
•
Title: MGLVA[t yi 1\1\Q--w be r Town/City/County Clerk
State of 0-O I D r a.d-O
)ss.
County of V u e- CL )
The foregoing instrument was acknowledged before me this 1 St- day of jl 1.Vt2.
aot°,by • %ra_cli Metter as MCLikciihq Me44}kL
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SIG SAC E IN BLUE INK
You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a
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