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HomeMy WebLinkAbout20100563.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 MIN 1 N G St— SAFETY Bill Ritter,Jr. Governor James B.Martin Notice of 112c Construction Materials Executive Director Financial Warranty Reduction Request Consideration DATE: February 19, 2010 TO: Weld County Commissioners County Commissioner 915 10th St Greeley, CO 80631 It4/ FROM: Jared L. Ebert, Environmental Protection Specialist RE: Aggregate Industries -WCR, Inc., 83rd Joint Venture, Permit No. M-1992-069 Please be advised that on February 8, 2010, Aggregate Industries - WCR, Inc., whose address and telephone number are 1707 Cole Blvd., Ste. 100 , Golden, CO 80401; (970) 353-2005, submitted a request for financial warranty reduction for the 83rd Joint Venture, Permit No. M-1992-069. The construction materials extraction operation is located at or near Section 35, Township 6N, Range 66W, 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. 1_) r L.1) Etc/ 2010-0563 • fL `C) Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines . f • REGULAR OPERATION (112) RECLAMATION PERMIT APPLICATION FORM The application for a Regular Operation Reclamation Permit contains three major parts: (1) the application form; (2) Exhibits A-S; and, (3) the application fee. When you submit your application, be sure to Include five (5) sinned copies of the application form , five (5) copies of Exhibits A-S, and a check for the application fee described under Section (14) on Page 3. To expedite processing, please provide the information in the format and order described in this form. (A R .7 2 aal aaaaa?a= GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, ail information described below. =as==twat=ac==a=aa=aea=aa 1. Applicant/operator name: Bestway Paving Company 1 .1 Type of organization (corporation, partnership, etc.): Corporation 2. Operation name (pit, mine or site name): 83rd Joint Venutre Resource 2.1 I.R.S. Tax ID No. or Social Security No.: 84-1047310 3. Permitted Acres: 124 Permitted acres Please indicate acreage to the nearest tenth (10th) acre. 3.1 Application fee (see Section 14): $1,875.00 Application fee 4. Substance(s) to be mined (e.g., gravel/gold/borrow): Sand and Gravel 5. Name of owner of surface of affected land: 83rd Joint Venture 6. Name of owner of subsurface rights of affected land: 83rd Joint Venture If 2 or more owners, refer to Exhibit P. 7. Type of mining operation: Surface Underground B. Location Information: the center of the area where the majority of mining will occur lies in: COUNTY: Weld PRINCIPAL MERIDIAN (check one): X 6th (Colorado) 10th (New Mexico) Ute TOWNSHIP (write number and check direction): T A g , North South RANGE (write number and check direction): R 6CL __ East AA Nest SECTION (write number): S .35 QUARTER SECTION (check one): NE NW _ SE LA SW QUARTER/QUARTER SECTION (check one): XX NE ! NH SE SW GENERAL DESCRIPTION: __ (miles and direction Approximately 1 mile Northwest of Greeley from nearest town and approximate elevation) 4670 feet Elevation I -2- 9. Correspondence Information: APPLICANT/OPERATOR (name. address, and phone of name to be used on permit) Individual 's Name: Carl Hill Company Name: egstway Paving Company Street: 131 North J5Ib AYenue: P. O. Box 3185 City: Greeley State: Colorado Zip Code: 80633-3189 _ Area Code: 303 Telephone: 353-1654 PERMITTING CONTACT (if different from applicant/operator above) Individual 's Name: Gary J. _tuttle Company Name: Tuttle Applegate, Inc. Street: 11990 Grant Street, Suite 410 City: Denver State: Colorado Zip Code: 80233 Area Code: _ 43 - Telephone: 452-6611 INSPECTION CONTACT Individual 's Name: Carl Hill Company Name: Bestway Paving Company Street: 131 North 35th Avnue; P. 0. Box 3189 City: Greeley State: Colorado _ Zip Code: 80633-3189 Area Code: 303 Telephone: 353-1654 CC: STATE OR FEDERAL LANDOWNER (1f any) Agency: N/A Street: City: State: Zip Code: Area Code: Telephone: • CC: STATE OR FEDERAL LANDOWNER (if any) Agency: N/A Street: City: State: _ Zip Code: Area Code: telephone: -3- 10. Primary future Cropland(CR) Pastureland(PL) General Agricuiture(GA) (Post-mining) __ Rangeland(RL) — Forestry(FR) __ Wildlife Habitat(WL) land use y , Residentiai(RS) Recreation(RC) Industrial/Commercial(IC) (check one): _ Developed Water Resources(HR) _ Solid Waste Disposal(WD) i) . Primary present, _ Cropland(CR) AA Pastureland(PL) _ General Agriculture(GA) land use Rangeland(RL) _ Forestry(FR) Wildlife Habitat(WL) (check one): _ Residential(RS) Recreation(RC) � Industrial/Commercial(IC) _ Developed Water Resources(WR) 12. Method of Mining: _ Quarry (QR) _ Solution (50) 12a. Other: Briefly explain mining method (e.g. Placer, truck/shovel). Material will be excavated using front-end loaders and scrapers and screened and crushed on site. 13. On Site Processing: Solution (SO) _ Chemical (CH) Thermal (TH) Neap Leach (HL) _ Vat Leach (VL) 14. Application Fee: The application fee for quarry mining is $2,325. The application fee for solution mining or any chemical or thermal processing is $3,100. If none of these methods or processes are to be included in the operation then the application fee is $1 ,875. An applicant will not be issued a reclamation permit until notified by the Division that this application and the required performance and financial warranties have been approved. Alternatively, an automatic approval will occur where the Division fails to notify the applicant/operator that the application has been denied. The final agency action must be made within 120 calendar days from the date the application was submitted. However, the performance and financial warranties must be approved by the Division or Board before a permit will be issued even if you receive an automatic approval . NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT IS ISSUED (Rule 7.2(2)). It shall be 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. -4- Notice Requirements Immediately after the first publication of your notice in a newspaper of general circulation in the locality of your proposed mining operation, you must mail a copy of the notice to all owners of record of surface rights to the affected land and all owners of record of lands that are within 200 feet of the boundary of the affected land. Notice requirements are specified in Rule 2.2. A copy of a form which includes all required information for the notice has been attached for your use. You will need to provide the Division proof of notice prior to the decision date, which may be by submitting return receipts of a certified mailing or by proof of personal service (Rule 2.2.2(6)). NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions, changes, and deletions to this document prior to final decision by the Mined Land Reclamation Board or Division. Therefore, if you have any comments or concerns, you should contact the applicant or the Division prior to the decision date so that you will know what changes may have been made to the application document. The Division 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 Division's review and decision or hearing process, you should contact the Division at (303) 866-3561. As an authorized representative of the applicant, I hereby certify that the operation described herein 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) fee of the affected lands. However, where there Is an agreement that damage to the structure 1s be be compensated for by the applicant/operator (C.R.S. 34-32-115(4)(d)), then mining may occur within 200 feet. Proof of an agreement must be submitted to the Division prior to the decision date. 2. No mining operation will be located on lands where such operations are prohibited by law (C.R.S. 34-32-115(4)(f)); 3. As the applicant/operator, I do not have any mining/prospecting operations In the State of Colorado currently in violation of the provisions of the Mined Land Reclamation Act (C.R.S. 34-32-120) as determined through a Board finding. -5- 4. t 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 4/ day of sr. . . /992_ • reo/•t� 4 - Co 4 ens /,1c 4, Applicant/Operator / If Corporation Attest (Seal) By: By: A. Fiti Title: rporat'e Secretary or Equivalent p Town/City/County Clerk State of t.,J,,,4 fo County of £ti- ) ss. The foregoing instrument was acknowledged before me this day of - .,.r /MI by enki,./. I1 Tv. is tip.:(._ of Atenret Mid .4v,:�� �e • idaCtool otary Public / / I : My0en aiasantaprrsJJyctt rn My Commission Expires: -` (08/91) 2823F EXHIBIT A LEGAL DESCRIPTION That portion of Section 35, Township 6 North, Range 66 West of the 6th Principal Meridian in the County of Weld, State of Colorado more particularly described as follows: Considering the West line of the Southwest Quarter of said Section as bearing South 1°09'16" West with all bearings contained herein relative thereto. Beginning at the West Quarter corner of said Section 35; thence along the West line of said Section South 1"09'16" West 1038.27 feet to a point, said point bears North 1"09'16" East 325.00 feet from the South- west corner of the North Half of the Southwest Quarter of said Section; thence parallel with the South line of the North Half of the Southwest Quarter of said Section South 89°31 '58" East 180.00 feet; thence parallel with the West line of the Southwest Quarter of said Section South 1°09'16" West 325.00 feet more or less to the South line of the North Half of the Southwest Quarter of said Section; thence along said South line South 89'31 '58" East 2571.51 feet to the Southeast corner of the North Half of the Southwest Quarter of said Section; thence along the South line of the North Half of the Southeast Quarter of said Section South 89'32'00" East 1826.66 feet more or less to the WPst line of that certain parcel of land described in Deed recorded in Book 1603, Page 389 records of said County; thence ,along said West line North O'15'00" East 492.88 feet more or less to the South Right-of-Way of the Colorado Southern Railroad; thence along said Right-of-Way North 72°22'19" West 4765.15 feet more or less to the Welt line of said Section; thence along said West line South 1°12'33" West 535.75 feet to the point of beginning. Above described parcel contains 124.180 Acres more or less. 4,-___.--) ,s EXHIBIT B R66Wcf V "' . p 1 .: 0 '� \\PO: ` i--- ---L--1 • -,,' ..CACHE / ���A '' •,. . Lon \ l COi4605 FIN A 34 © Oats " 3s � ' fc SITE LOCATION 36 f - .e. -�' ,,c ' !.. ttV 'It,.tiP s� T.y� a . lgir ;!9] J`' . it x" . . STREET ti . r • .i-� I I it an �`I O --�3 TON1770 >b:....v•- .. -�'°�" •':•� T5N .,� 'Q. 1 et, t �_` Q ;='sG Trnler 1 • ≤I = I S ° I' / olli y° a !Grrva e- 'mci noel Yom" i • ! Parlomy 44.= fl_ r . %, z , 3 ...rR ir M-... j Jma y~ - �ea�. • f a x •.I Is.T a • li I. • ' • , p. ,� '. •Jr 1� y jc - • ant.: 1\ // \! : i ..!g s-v •, r '('wit !d . 2000 (1) .. i Vs2000' N J VICINITY MAP TUTTLE T ECATE. INC. `: 11990 Cfant Street Suite 410 Demur,Colorado !0233 13031452-6611 Hello