HomeMy WebLinkAbout20102089 STATE OF COLORAD
DIVISION OF RECLAMATION,MINING AND SAFETY
Department of Natural Resources
1313 Sherman St.,Room 215
Denver,Colorado 80203 - c O L O R A
Phone:(303)866-3567 -- DIVISION
FAX:(303)832-8106 RECLAMATI
MINIM(
SAFETY
Bill Ritter,Jr.
Governor
Mike King
Executive Director
Notice of 112c Construction Materials Loretta E. Pineda
Director
Reclamation Permit Partial Acreage Release Request Consideration
DATE: September 10, 2010
TO:
Weld County Commissioners
County Commissioner
915 10th St
Greeley, CO 80631
FROM: Jared L. Ebert, Environmental Protection Specialist
RE: Lafarge West, Inc., Hamm Pit, Permit No. M-1987-176
Please be advised that on September 10, 2010, Lafarge West, Inc., whose address and telephone number are 10170
Church Ranch Way, Ste. 200 , Westminster, CO 80021; (303) 657-4579, submitted a request for partial acreage
release for the Hamm Pit, Permit No. M-1987-176. The construction materials extraction operation is located at or
near Section 4, Township 2N, Range 68W, 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 as soon as possible. The Division is required to wait 30 days after
the release decision is made to allow for comments or objections.
Office of Mined Land Reclamation Office of
Denver Grand Junction - Durango Active and Inactive
' • 11r ^ r
STATE COL
ORADO ,
I DIVISION OF MINERALS AND GEOLOGY , K e C f L 2 c L.
1
Department of Natural Resources r / •
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1313 Sherman Sc.Room 213 C^_ • Z Z y
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Denver,Colorado 80203 `�`V — '•J tit �������
Phone.i3031866-3567 l.. LJ
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;AX:(303)832.8106
i ' DEPARTMENT OF
0CT 2 7 NATURAL
CONSTRUCTION r. " - RESOURCES
• REGULAR OPERATION (11
' RECLAMATION PERMIT APPL CATIO MINERALS Roy Romer
g OLOGY Govenwr
lames S.lochhead
cxecu9ro Direoor
' Miehael 6.Long
IDivismn Oiec o,
7CR ONE: New Application (Rule 1.4.5) x Amendment Application (Rule 1.10)
' Conversion Application_j+ (Rule 1.11)
Permit # .- 87 -176 (provide for Amendments and Conversions of
existing permits)
Ih e application for a Regular 112 Operation Reclamation Permit contains three major parts: (1)
he application form; (2) Exhibits A-S, Addendum 1, any sections of Exhibit 6.5 (Geotechnical
:tability Exhibit; and (3) the application fee. When you submit your application, be sure to
dude one (1) complete sicned and notarized IVORY ORIGINAL and four (4) copies of the completed
ry application form, five (5) copies of Exhibits A-S, Addendum 1, appropriate sections of 6.5
eotechnical Stability Exhibit, and a check for the application fee described under Section (4)
>elow. Exhibits should not be bound or in a 3-ring binder; maps should be folded to 8 1/2" X 11-
I8 1/2" X 14" size. To expedite processing, please provide the information in the format and
der described in this form.^ --__ ----
GENERAL OPERATION INFORMATION
1 r Type or print clearly in the space provided the information requested below. —
L. Applicant/operator or company name (name to be used on permit) :
' Western Mobile, Inc,
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1.1 Type of organization (corporation, partnership, etc. ) : Corporation
1.2 I.R.S. Tax I.D. No. or Social Security Number: 84-1116189
Operation name (pit, mine or site name) : Hamm Pit
I. Permitted acreage (new or existing site) 210 permitted acres
3.1 Change in acreage (+ or -) 98 acres
3.2 Total acreage in Permit area 308 acres
Fees:
4.1 New Application , 51.875.00 application fee .
I 4.2 New quarry Application 52,325.00 quarry application
4.3 Milling Application (Non-DMO) 53,100.00 milling application
4.4 Amendment Fee 51,550.00 amendment fee
4.5 Conversion to 112 operation (set by statute) 51,875.00 conversion fee
I. Primary cotlmtoditie(s) to be mined: Sand & Gravel i 7L106 mrin s/Yr
5.1 Incidental commodities) to be mined: 1. - lbs/Tons/vr
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2. / lbs/Tons/yr 3. / lbs/Tons/vr
4. / lbs/Tons/yr 5. / lbs/Tons/yr
5.2 Anticipated end use of primary commodities) to be mined: construction material
' 5.3 Anticipated end use of incidental coemtoditie(s) to be mined:
' • -2- •
• o. Name of owner of subsurface riohts of affected land: See Exhibit "O"
' If 2 or more owners, "refer to Exhibit O". - -
7. Name of owner of surface of affected land: See Exhibit "O"
8. Type of mininc operation: _Js__ Surface — Underground
9. Location Information: the center of the area where the majority of mining will occur:
llC.OUNTE: Weld
PRINCIPAL MERIDIAN (check one): x 6th (Colorado) _ 1Oth (New Mexico) , Ute
IISECTION (write number): s 4,7
TOWNSHIP (write number and check direction): T 2 N North South
II68(write number and check direction) : R 68 East x West
QUARTER SECTION (check one): x NE _ NW _ SE _ SW
, QUARTER/QUARTER SECTION (check one): x NE _ NW _ SE _ SW
GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the
' approximate elevation) : 3 miles East of Longmont, Colorado, Elevation 4370
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'110. Primary future (Post-mining) land use (check one) :
Cropland(CR) _ Pastureland(PL) _ General Agriculture(GA)
' Rangeland(RL) _ Forestry(FR) x Wildlife Babitat(WL)
Residential(RS) _ Recreation(RC) x Industrial/Commercial(IC)
x Developed Water Resources(WR) _ Solid Waste Disposal(WD)
'll. Primary present land use (check one):
x Cropland(CR) _ Pastureland(PL) _ General Agriculture(GA)
1 Rangeland(RL) Forestry(FR) x Wildlife Rabitat(WL)
Residential(RS) _ Recreation(RC) _ Industrial/Commercial(IC)
' Developed Water Resources(WR)
12. Method of Mining: Briefly explain mining method (e.g. truck/shovel):
Front End Loader and Conveyor transport to the existing sand and gravel plant.
II
113. On Site Processing: x Crushing/Screening
14.1 Briefly explain mining method (e.g. truck/shovel) :
All sand and gravel to be processed at existing Hamm Pit and and gravel plant.
I .
List any designated chemicals or acid-producing materials to be used or stored within
permit area: None
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II • —3— •
'S. Correspondence Information:
IAPPLICANT/OPERATOR (name, address, and phone of name to be used on permit) -
Contact's Name: Dallas "Whitey" Glasser Title: Manager
ICompany Name: Western Mobile, Inc.
Street:
5959 Valmont Drive
' City: Boulder
State: Colorado Zip code: 80301
Telephone Number: ( 303 ) - 546-1945
Fax Number: ( 303 ) - 448-7636
PERMITTING CONTACT (if different from applicant/operator above) .
IContact's Name: Michael "Mike" J. Hart Title: Principal
Company Name: Hart Environmental
ll Street: PO Box 1303
City: Boulder
State: Colorado 80306
I
Zip Code:
Telephone Number: ( 303 ) _ 444-6602
303 448-0209
Fax Number: -
X
IINSPECTION CONTACT
Contact's Name: Dallas Glasser Title:manager
II Company Name: Same as Above
Street:
City:
'
State: Zip Code:
Telephone Number: ( 1 -
IFax Number: 1_----_---_1 -
CC: STATE OR FEDERAL LANDOWNER (if anv)
I Agency: Not Applicable
Street:
City:
Istate: Zip Code:
Telephone Number: , ( ) -
IICC: STATE OR FEDERAL LANDOWNER (if anv)
Agency: Not Applicable
' Street:
City:
I State: Zip Code:
Telephone Number: ( ) -
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15. Description of Amendment or Conversion:
' '
f you axe amending or converting an existing operation, provide a brief narrative describing
the proposed change(s).
This amendment will add approximately 98 acres to Western Mobile's existing Hamm Pit.
There are no substantive changes to the existing mining and processing methods
' proposed.
Maps 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 A-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
IIEXHIBIT H 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
IIEXHIBIT X Climate Information
EXHIBIT L Reclamation Costs
EXHIBIT M Other Permits and Licenses
IlEXHIBIT N Source of Legal Right-To-Enter
EXHIBIT O Owners of Record of Affected Land (Surface Area) and Owners of
Substance to be Mined
II EXHIBIT P Municipalities Within Two Miles
EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Soil
II
Conservation District
EXHIBIT R Proof of Filing with County Clerk or Recorder
EXHIBIT 5 Permanent Man-Made Structures
Rule 6.1.2(1) (b) 'ADDENDUM 1 - Notice Requirements (sample enclosed)
' Rule 6.5 , Geotechnical Stability Exhibit (any required sections)
The instructions for preparing Exhibits A-S, Addendum 1, and Geotechnical Stability Exhibit
mare specified under Rule 6.4 and 6.5 and Rule 1.6.2(1)(b) of the Rules and Regulations. If
Ear
have any questions on preparing the Exhibits or content of the information required, or
ould like to schedule a pre-application meeting you may contact the office at 303-866-3567.
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3esmonsibilities as a Permittee:
! ILpon application approval and permit issuance, this application becomes a
legally binding document. Therefore, there are a number of important
equirements which you, as a permittee, should fully understand. These
Ikequirements are listed below. Please read and initial each requirement, in
the space provided, to acknowledge that you understand your obligations. If
ou do not understand these obligations then please contact this Office for a
f1
;�u1ll explanation.
' hk&z 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
I lands associated with your mining operation in the event your permit is
revoked and financial warranty is forfeited;
IllbtAM
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,
I or that information contained in the application or your permit
misrepresent important -material facts;
1 ;
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;
-1ri 4. Any modification to the approved mining and reclamation plan from
Ithose described in your approved application requires you to submit a
permit modification and obtain approval from the Board or Office;
' ' I 5. It is your responsibility to notify the Office of any changes in your
address or phone number;
' 411-4 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
I clearly visible from the access road, with the following information
(Rule 3.1.12) :
a. the name of the operator;
Ib. a statement that a reclamation permit for the operation has been
issued by the Colorado Mined Land Reclamation Board; and,
Ic. the permit number.
kIlitY77 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.
I
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3. 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
1 Construction Material Rules and Regulations in effect at the time the
Ipermit is issued.
Idlar 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 reclaimed
to date (if there are changes from the previous year) , any monitoring
I 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
I 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.
I
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.
Ili
10. for joint venture/partnership operators: the signing
I---- 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.
IITE TO cOMMENTORS/OBJECTORS:
Wis likely there will be additions, changes, and deletions to this document
ier to final decision by the Office. Therefore, if you have any comments or
:oncerns you must contact the applicant or the Office prior to the decision
Ite so that you will know what changes may have been made to the application
cument.
'he Office is not allowed to consider comments, unless they are written, and
Lceived prior to the end of the public comment period. You should contact
e applicant for the final date of the public comment period.
Iyou have questions about the Mined Land Reclamation Board and Office's
view and decision or appeals process, you may contact the Office at
(303) 866-3567.
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' Certification:
il 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
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. ). ,II 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.A.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 �_ day of October 1998
•
Western Mobile, Inc. - •
I
If Corporation Attest (Seed)
Applicant/Operator or Compa y Name //
Signed: c�u�C.(/]w:-� . -..-•-...--. / Signed: AA .„. �"
' Dallas Glasser rate Secretary or Equivalent
Title: Manager Town/City/County Clerk
MState of Colorado )
) ss
[minty of Boulder )
The foregoing instrument was acknowledged before me this '1 day of October , 1998,
tby.' l.LA Cr-LP"J.aCL as Vim'N (C^'2riZ_- of Western Mobile, Inc. .
II ---A:<>4:-.Q."..-_\--.
r Notary Public(�
IMy Commission expires: kO Jzz- (t o' '}
SIGNATURES MUST BE IN BLUE INK
'O1/tT2/96 =mom
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AREA "C" (HEATON)
EXHIBIT A
1
WARRANTY DEED
t THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 9,TOWNSHIP 2
NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,EXCEPT A TRACT
OF LAND CONVEYED TO THE DEPARTMENT OF HIGHWAYS,STATE OF
' COLORADO, DESCRIBED IN DEED RECORDED NOVEMBER 12, 1970, UNDER
RECEPTION NO. 1557313 IN BOOK 635 AND A TRACT DESCRIBED IN DEED
RECORDED NOVEMBER 12, 1970 UNDER RECEPTION NO. 1557314 IN BOOK 635.
' ALSO EXCEPT A TRACT OF LAND IN THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 9,TOWNSHIP 2 NORTH, RANGE 68 WEST OF
THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO,
' MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF SAID SECTION 9 WHENCE THE
' NORTHEAST CORNER BEARS NORTH 0 DEGREES 31 MINUTES 50 SECONDS EAST
755.8 FEET;
THENCE SOUTH 0 DEGREES 31 MINUTES 50 SECONDS WEST 520.0 FEET BEARING
' REFERRED TO TRUE NORTH AS DETERMINED BY SOLAR OBSERVATION; THENCE
PARALLEL TO THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 9, SOUTH 89 DEGREES 18 MINUTES 33
SECONDS WEST 420.0 FEET;THENCE NORTH 0 DEGREES 31 MINUTES 50 SECONDS
EAST 521.57 FEET;
THENCE NORTH 89 DEGREES 18 MINUTES 25 SECONDS EAST 420.0 FEET TO THE
' POINT OF BEGINNING, COUNTY OF WELD, STATE OF COLORADO.
SPECIFICALLY INCLUDING ALL WATER RIGHTS APPURTENANT TO THE
1 PROPERTY, INCLUDING BUT NOT LIMITED TO,ALL DITCHES AND DITCH RIGHTS,
INCLUDING TWO(2)SHARES OF THE RURAL DITCH,ALL RESERVOIRS AND
RESERVOIR RIGHTS,ALL WELLS AND WELL RIGHTS OR PERMITS,AND ALL
' SPRINGS AND SPRING RIGHTS.
1
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�FARGE 4.-
NORTH AMERICA
AGGREGATES,
CONCRETE RECEIVED
&
1100 2 8 2010
August 24,2010 Oluttioo of maticn.
M ittIn J a, 8e ,
Mr. Jared Ebert Certified Mail: 7007 2680 0001 0955 3373 40
Colorado Division of Reclamation,Mining and Safety
1313 Sherman Street, Room 215
Denver,CO 80202
Dear Mr. Ebert,
4.----
Lafarge would like to request a partial_performance and financial warranty release for the
portion of the Hamm Pit south of State Highway 119 (Heaton Reservoir property), M-
✓1987-176). We submit this in accordance with Rule 4.17 of the Construction Materials
Rules and Regulations. The property within the permit boundary for which the release is
requested is owned by:
Lafarge North America
10170 Church Ranch Way, Suite 200
Westminster, CO 80021
All applicable portions of the Reclamation Plan and subsequent Technical Revision
requirements have been satisfied. This property has been reclaimed according to the
Reclamation Plan and Technical Revision. The State Engineer's Office has been in
correspondence with the Division of Reclamation, Mining and Safety re approval of the
augmentation for both ponds.
The following page contains an aerial with the Heaton portion of the Mine Boundary
outlined.
Sincerely,
A � �joh
Anne Best Johnson,AICP
Land Manager
Electronic copy: Casey Felmlee, Corey Hansen
LAFARGE NORTH AMERICA INC. —Aggregate,Concrete,and Asphalt
11409 Business Park Circle, Suite 200
Longmont,CO 80504
IAFARGE
NORTH AMERICA
AGGREGATES, CONCRETE
& ASPHALT
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1.AFARGE NORTH AMERICA INC. - Aggregate. Concrete, and Asphalt
11409 Business Park Circle. Suite 200
Longmont, CO 80504
4'o ; DEPARTMENT OP NATURAL RESOURCES
DIVISION OF WATER RESOURCES
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Response to Reclamation Permit Application Considerati4'w dte,ra
Director/Stateweer
DATE: July 27, 2010
TO: Jared L. Ebert, Environmental Protection Specialist
CC: Division 1 Office, District 5 Water Commissioner
Sira Sartori,Applegate Group, Inc.
FROM: loana Comaniciu, P.E. -
RE: Hamm Pit, Permit No. M-1987-176
Operator. Lafarge North America ("Lafarge")
-- CbntacffCafarge'N6rth-Americt-303 574579--- - ----- --- - - ---
Section 9,Twp 2 North, Rng 68 West, 6th P.M.,Weld County
CONDITIONS FOR APPROVAL
We have reviewed additional information received on July 20, 2010 from Sira Sartori from the
Applegate Group, Inc. regarding Lafarge's request for partial reclamation responsibility
release for the Hamm Pit, Permit no. M1987-176.
While the DRMS permit is identified as the Hamm Pit, several pits are included in the M1987-
178 Hamm Pit Permit, one of which is the Heaton Pit. Applicant is requesting partial release of
the financial warranty for the area that Includes the Heaton Pit The Heaton Pit is comprised of
two ponds.
As mentioned in our previous review dated June 3,2010 the larger pond of the Heaton Pit was
lined with a slurry wall and the lining was approved by the Division 1 Office on April 7, 2003 in
accordance with the State Engineer Guidelines for Lining Criteria. This office already rendered
an opinion regarding the partial performance and financial warranty release for the larger pond
of the Heaton Pit.
According to a 1980 aerial photo, it is indicated that ground water was exposed in the smaller
pond prior to January 1, 1981. Based on the Division 1 Water Court decision in case no.
2009CW49, the replacement of evaporative depletions is not required for ground water
exposed to the atmosphere prior to January 1, 1981 through open mining of sand and gravel,
regardless of whether open mining operations continued or were reactivated on or after that
date. The Water Court effectively held that Senate Bill 120 of 1989, as amended in Senate Bill
93-260, exempted all pre-1981 exposed ground water regardless of whether open mining
operations continued or were reactivated on or after January 1, 1981. Therefore, this office is
of the opinion that the partial performance and financial warranty release Is also acceptable
for the smaller pond of the Heaton Pit.
The applicant may contact the State Engineers Office with any questions.
Office of the State Engineer
1313 Sherman Street Suite 818•Denver,CO 80203•Phone 303-866-3581•Fax:303-866-3589
www.waterstate.co.ua
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