HomeMy WebLinkAbout20100769.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 ING
G
—&—
SAFETY
Bill Ritter,Jr.
Governor
James B.Martin
Notice of 112c Construction Materials Executive Director
Financial Warranty Reduction Request Consideration
DATE: March 25, 2010
TO:
Weld County Commissioners
County Commissioner
915 10th St
Greeley, CO 80631 ea-5
FROM: Eric C. Scott, Environmental Protection Specialist
RE: SW Chambers, LLC dba Pioneer Sand Company, Heit Sand and Gravel Mine, Permit No. M-2003-
016
Please be advised that on March 25, 2010, SW Chambers, LLC dba Pioneer Sand Company, whose address and
telephone number are 301 St. Charles Ave., 3rd Floor,New Orleans, LA 70130; (504) 523-5882, submitted a request
for financial warranty reduction for the Heit Sand and Gravel Mine, Permit No. M-2003-016. The construction
materials extraction operation is located at or near Section 13, Township 2N, Range 67W, 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.
2010-0769
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Office of Office of
Mined Land Reclamation Denver • Grand junction • Durango Active and Inactive Mines
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DIVISION OE MINERALS AND GEOLOGY RECEIVED
Department of of Natural Resources
1313 Sherman 5t.,Room 215
Denver,Colorado 80203 DIVISION 0 1
Phone: (303)866-3567 FEB 28 2003 MINERAL:
FAX:(303)832-8106 COPY
Division of Minerals and Geology FILE C P G E O L O G Y
CA �NIN RECLAMATION
CONSTRUCTION MATERIALS f V\L iefik ,Y MINING•SAFETY
REGULAR(112)OPERATION Bill Owens
RECLAMATION PERMIT APPLICATION FORM Governor
Greg E.Walther
Executive Director
CHECK ONE: There is a File Number Already Assigned to this Operation Ronald W.Cattany
Acting Division Director
Permit# M - - (Please reference the file number currently assigned to this operation)
X New Application(Rule 1.4.5) ___Amendment Application(Rule 1.10)
Conversion Application(Rule 1.11)
Permit# M - - _J (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(Geoter hnicel Stability Exhibit;and(3)the application fee. When you submit your
application,be sore to include one(1)complete signed and notarized IVORY ORIGINAL and one(1)copy of the completed Ivory application
form,two(2)copies of Exhibits A-S,Addendum 1,appropriate sections of 6.5(Geotechnical Stability Exhibit,and a check for the application
fee described under Section(4)below. Exhibits should NOI 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 I2e used on permit): SW Meadow, LLC
1.1 Type of organization(corporation,partnership,etc.): Limited liability company
1.2 I.R.S.Tax I.D.No.or Social Security Number
2. Operation name(pit,mine or site name): Heit Sand and Gravel Mine ✓
3. Permitted acreage(new or existing site): 102 permitted acres
3.1 Change in acreage(+) () acres
3.2 Total acreage in Permit area 102 acres
4. Fees:
4.1 New Application $2,344.00 application fee
4.2 New Quarry Application $2,906.00 quarry application
4.4 Amendment Fee S1.938.00 amendment fee
4.5 Conversion to 112 operation(set by statute) $2.-344.00 conversion fee
5. Primary commoditie(s)to be mined: sand gravel
5.1 Incidental commoditie(s)to be mined: 1. - lbs/fons/vr 2. / lbs/Tons/yr
3. / lbs(Tons/vr 4. / lbs/Tons/yr 5. / lbsuTons/vr
construction aggregate
5.2 Anticipated end use of primary commoditie(s)to be mined:
5.3 Anticipated end use of incidental commoditie(s)to be minednone anticipated.
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6. Name of owner of subsurface rights of affected land:Heft Farm, LTD
If 2 or more owners,"refer to Exhibit O".
He it t Farm, LTD
7. Name of owner of surface of affected land:
Holders of recorded easements: Kerr—McGee Rocky Mtn. Corp. , Qwest/IUS West, Duke Energy, L
8. Type of mining operation: Surface Underground Meadows Ditch Co.
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 13
TOWNSHIP(write number and check direction): T 2 X North _South
RANGE(write number and check direction): R 67 East X West
QUARTER SECTION(check one): X NE NW _SE _SW
QUARTER/QUARTER SECTION(check one): NE NW _SE _SW
GENERAL DESCRIPTION:(the number of miles and direction from the nearest town and the approximate elevation):
Approx. 3 miles south of Ft. Lupton. Elevation is approx. 4,850 ft.
10. Primary future(Post-mmmg)land use(check one):
Cropland(CR) Pastureland(PL) _ General Agriculture(GA)
Rangeland(RL) _ Forestry(FR) X 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) _ Passtureland(PL; Gene:::Atcicaiture(GA)
Rangeland(RL) Forestry(FR) , Wild;iteHabitat(WL)
Residential(RS) _ Recreation(RC; — IndutrdUComnercia:(IC)
Developed Water Resour;:s(WR)
12. Method of Mining: Briefly explain mining method(e.g.truck/shovel): Trarkhnos., harkhnes. sr rap ers. excavator
loading onto trucks and conveyors for transport to processing plants.
13. On Site Processing: , Crushing/Screening
13.1 Briefly explain mining method(e.g.truck/shovel): Matorin will bp crll4hAd and snrred using various
sorters, screens and carte crushers
List any designated chemicals or acid-producing materials to be used or stored within permit area: none anticipated.
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14. Correspondence Information:
APPLICANT/OPERATOR, (name,address,and phone of name to be used on permit)
Contact's Name: Mark Campbell Title:Manager
Company Name: SW Meadow, LLC
Street/P.O.Box: 333 W. Hampden Ave. , Suite 810 P.O.Box:
City: Englewood
State: CO Zip Code: 80110
Telephone Number: f 303 1- 534-1040
Fax Number: ( 303 1- 534-6700
PERMITTING CONTACT (if different from applicant/operator above) .
Contact's Name: pa„t rocen Titie:Principal
Company Name: Banks and Gesso, LLC
Street/P.O.Box: 720 Kipling St. , Suite 117 P.O.Box:
City:
Lakewood
State: CO Zip Code: 80215
Telephone Number. 1 303 )- 27'i-4277
Fax Number: ( 303 )- 27'i 8329
INSPECTION CONTACT
Contacts Name: Mark Campbell i Tide:Manager
Company Name: SW Meadow, LLC
Street/P.O.Box: 333 W. Hampden Ave. , Suite 810 P.O.Box:
City: Englewood'
State: CO zip Code:80110
Telephone Number: 1 101 1- 534-1040
Fax Number: ( 303 534-6700
CC: STATE OR FEDERAL LANDOWNER(if any}
Agency:
Street:
City:
State: Zip Code:
Telephone Number: f )-
CC: STATE OR H,L)ERAI LANDOWNER(if any)
Agency:
Strce::
City:
State: Zip Code:
Telephone Number. I )-
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15. pescrlption of Amendment or Conversion:
If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s).
Not applicable.
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,Addendum 1,and the Geotechmical 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 icfL.n.nce these by name in the exhibit.
With each of the five(5)signed application forms,you must submit a con csponding set of the maps and exhibits as described in the
following references to Rule 6.4,6.5,and 1.6.2(1)(b):
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" Vegetation Information
EXHIBIT K Climate Information
EXHIBIT I. Reclamation Costs
EXHIBIT M Other Permits and Licenses
EXHIBIT N Scarce of Legal Right-To-Enter
EXHIBIT O Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined
EXHIBIT P Municipalities With.Y Two Miles
EXHIBIT Q Proof of Mailing of'<otice, to Coca.;Commissiox e s and Conservation District
EXHIBIT R Proof of Filing with County Clerk or Recorder
EXHIBIT S , Permanent Man-Made Structures
Rule 1.6.2(1)(b) ADDENDUM 1 -Notice Requirements(sample enclosed)
Rule 6.5 Geotechnical Stability Exhibit(any required sections)
The instructions for preparing Exhibits A-S,Addendtm? 1,and Geotechnical Stability Exhibit are specified under Rale 6.4 and 6.5 and
Rule 1.6.2(1)(b)of the 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.
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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
fora full explanation,
rr._ I. 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;
I' " 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;
al 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;
$'te kr
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;
flit s.f'
1'1-'5. It is your
responsibility to notify the Office of any changes in your address or phone number;
de49s, `h
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 :!early 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 bas been issued by the Colorado
Mined Land Reclamation Board; and,
c. the permit number.
77 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.
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AC 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 permit is issued.
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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 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.
a10. 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 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:
L To the best of my knowledge,all significant,valuable and permanent man-made structures)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),CRS.;
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 Lard Reclamation Act for the Extraction of Con ruction Materials(Section
34-32.5-120,CRS.)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,CRS.
Signed and dated this / 1 day of /Catty 2 c7O..?
.s W mtodp& , .C.iC e. If Corporation Attest(Seal)
Applicant/Operator��/ or Company Name
Signed:4(V(C3i4�Z( - Signed:
Corporate Secretary or Equivalent
Tide:- 194142,4," Town/City/County Clerk
State of Colorado
)ss
County of Arapahoe
The foregoing instrument was acknowledged before me this 19th day of February 2003
by Mark D. Campbell Manager of SW Meadow, LLC
as
I VIRGINIA DUNCAN I Q '
NOTARY PUBLIC l C
STATE OF COLORADO
My Commission Expires 413012005 Notary • inia Duncan
4/30/2005
My Commission expires:
SIGNATURES MUST BE IN BLUE INK
MAmm\ahnebffiooe\Cuesbwtioe 112ac (10115/2001)
Banks and Gesso, LLC
EXHIBIT A— LEGAL DESCRIPTION
Legal Description
The legal description of the Heit property is as follows:
Lot 4 (in the S1/2 of the NE1/4); Lot 5 (in the N1/2 of the SE1/4); and Lot 6 (in the N1/2
of the SE1/4); all in Section 13, Township 2 North, Range 67 West of the 6"' P.M.,
County of Weld, State of Colorado; Platted as Lupton Meadows Land Co., Division No.
1.
Also,
A strip of land 100 feet wide, being 50 feet wide on each side of the centerline of the
Denver, Laramie and Northwestern Railway Co. (formerly a Wyoming Corporation), as
originally located over, across and through the NW1/4 of the SE1/4 of Section 13,
Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado,
said centerline being more fully described as follows:
Beginning at a point on the south line of said NW1/4 of SE1/4 of said Section 13, a
distance of 465 feet, more or less, east of the SW corner of said NW1/4 of SE1/4 of sand
Section 13; thence N 7 Degrees 58' W to a point on the north line of said NW1/4 of
SE1/4 of said Section 13, a distance of 270 feet, more or less, east of the NW corner of
said NW1/4 of SE1/4 of said Section 13, (being a portion of the strip of land described in
that certain deed recorded in Book 314 at Page 440).
Excepting therefrom a tract of land conveyed to Weld County by deed recorded June 12,
1914 in Book 393 at Page 416:
Also excepting therefrom a tract of land conveyed to Meadow island Irrigation Company
No. 1 by deed recorded January 23, 1967 in Book 577 at Reception No. 1499388.
Heit Sand and Gravel Mine 02044
SW Meadow, LLC February 2003
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■■ Banks & Gesso, LLC Index Map
N E 720 Kipling, Suite 117 SW Meadow,LLC,
Lakewood, CO 80215 Nett Send and Gravel Mine
banksandgesso.com
2/4/03 02044
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