HomeMy WebLinkAbout20101141.tiff STATE OF COLORADO
DIVISION OF RECLAMATION,MINING AND SAFETY
Department of Natural Resources
1313 Sherman St.,Room 215
Denver,Colorado 80203 i i 1 COLORADO
DIVISION OF
Phone:(303)866-3567 r )
C . RECLAMATION
FAX:(303)832-8106 MINING
211a 28 A al: 31 —&—
SAFETY
Bill Ritter,Jr.
Governor
James B.Martin
Executive Director
Loretta E.Pineda
Notice of 110 Construction Materials Director
Reclamation Permit Application Consideration
DATE: May 25, 2010
TO: Weld County Commissioners
County Commissioner
915 10th St
Greeley,CO 80631
FROM: Michael A. Cunningham, Environmental Protection Specialist M^ "Vc'c tAtC
RE: Willits Company, Inc.,McEndaffer Mine,File No. M-2010-034
Please be advised that on May 25, 2010, Willits Company, Inc.,whose address and telephone number are P.O. Box 825 ,
Cheyenne, WY 82003; (307) 634-2300, filed an application to conduct Surface extraction of construction materials and
reclamation,at or near Section 25,Township 11N,Range 57W, 06th Prime Meridian, in Weld County. Please be advised
that the permit area may be located in more than one Section, Township, and Range. The application decision is
scheduled for June 24,2010.
A copy of the application is available for review, unless you receive a CD, at the Weld County Clerk& Recorder's office
and at the office of the Division of Reclamation, Mining and Safety, Room 215, 1313 Sherman Street, Denver, Colorado
80203.
If you desire to make comments or objections of the mine plan and/or the reclamation plan, they must be submitted
within ten (10) days of the date of the newspaper public notice to be considered in the application review process by the
Division. You should contact the applicant for the newspaper publication date. If we do not receive your comments or
any objection by the end of the public comment period, the Office will assume you have no objection or comment to the
proposed activity.
yub ax-/0
2010-1141
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines
M- o/o-03 V
STATE OF COLORADO
DIVISION OF RECLAMATION,MINING AND SAFETY
Department of Natural Resources kat�/fi�[,_MM�q py
1313 Sherman St.,Room 215 Y'lG'L�i G g yr E B,y
Denver,Colorado 80203 a COLORADO i S t o le of
Phone:(303)8663567 MAY r)(1 Qf19 a RECLAMATION
FAX:(3031832-8106 MAY LU V MINING
Division of Reclamation, SAFETY
Mining&Safety
CONSTRUCTION MATERIALS
Bill Riaer.lr.
LIMITED IMPACT(110)OPERATION Governor
Halls D.Shaman
RECLAMATION PERMIT APPLICATION FORM Executive Director
Ronald W.Casany
Division Director
CHECK ONF: D There is a File Number Already Assigned to this Operation Natural Resource Trustee
Permit#,�.`y_ -_ (Please reference the timber currently assigned to this operation)
IS New Application(Rule 1.4.5) fU Amendment Application(Rule 1.10)
Conversion Application(Rule 1.11)
Permit# M - - - (provide for Amendments and Conversions of existing permits)
The application for a Construction Materials Limited Impact(110)Operation Reclamation Permit contains three major parts: (1)the
application form;(2)Exhibits A-J,Exhibit L,Addendum 1,any sections of Exhibit 6.5 and Geotechnical Stability Exhibit,as required
by the Office,and outlined in Rules 6.1,6.2,6.3,6.5,and 1.6.2(l)(b);and(3)the application fee.When you submit your application,be
sure to include one(1)complete sinned and notarized ORIGINAL and one(1)copy of the completed application form,two(2)copies
of Exhibits A-I,Exhibit L,Addendum 1,and appropriate sections of 6.5(Geotechnical Stability Exhibit),as required,and acheckfor
the application fee described under(4)below. Exhibits shouldlI be bound or in a 3-ring binder;maps should be folded to 81/2"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 described below.
1. Applicant/operator or company name(name to be used on permit.: Willits Company, Inc:
1.1 Type of organization(corporation,partnership,etc.): Corporation
2. Operation name(pit.mine or site name\: McEndaffer Mine
3. permitted acreage(new or existing site): 9.99 permitted acres
3.1 Change in acreage(+) acres
3.2 Total Acreage in Permit Area 9.99 acres
4. Fees:
4.1 New Application: $1.2$8.00 application fee
Amendment Fee(C.R.S.34-32.5-125(11)): $827.00 application fee
4.2 Conversion Fee(from 110d to 110 16S . 96.00 conversion fee(Rule 1.11.2(2))
5. grimary commoditie(s)to be mined: Sand Gravel Borrow
5.1 Incidental commoditie(s)to be mined: 1. / lbs/fpns/vr 2. / Ibs/Fons/vr 3. / lbs/fons/vr
4. / lbs/Tons/vr 5. / Ms/Tons/or
5.2 Anticipated end use of primary commoditie(s)to be mined: Specification Aggregates
Anticipated end use of incidental commoditie(s)to be mined:
Office of Office of
•
Mined Land Redamation Denver• Grand hundlon • Durango Active and Inactive Mines
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11. Corresoonden(e Information:
APPLICANT/OPERATOR (name,address,and phone of name to be used on permit)
Contact's Name: Bob Willits Title: President
Company Name: Willits Company, Inc.
Street/P.O.Box: P.O.Box: 825
City: Cheyenne
State: WY Zip Code: 82003
Telephone Number: (307 )_ 634-2300
Fax Number: (307 )- 634-2310
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name: Stevan L. O'Brian (Steve) Title: President
Company Name: Environment, Inc.
Street/P.O.Box: 7985 Vance Dr, #205A P.O.Box:
City: Arvada
State: CO Zip Code: 80003
Telephone Number: (303 1. 423-7297
Fax Number: (303 ) 423-7599
INSPECTION CONTACT
Contact's Name: Bob Willits Title: President
Company Name: Willits Company, Inc.
Street/P.O.Box: P.O.Box: 825
City:
State: WY Zip Code:
Telephone Number: 1307 )_ 634-2300
Fax Number: (307 ) 634-2310
CC: STATE OR FEDERAL LANDOWNER(if anv)!
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( )-
CC: STATE OR FEDERAL LANDOWNER(if anv)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( )-
-3-
7. Name of owner of the subsurface rights of affected land: Kenneth McEndaffer
8. Name of owner of the surface of affected land: Kenneth McEndaffer
9. Type of mining operation: � Surface f l Underground In-situ
10. Location information: The center of the area where the majority of mining will occur:
COUNTY: Weld
PRINCIPAL MERIDIAN(check one): D 6th(Colorado) ❑ 10th(New Mexico) ❑ Ute
SECTION(write number): S 25
TOWNSHIP(write number and check direction): T 11 la North ❑ South
RANGE(write number and check direction): R 57 East 1511 West
QUARTER SECTION(check one): jp_ NE IS NW ❑ SE SW
QUARTER/QUARTER SECTION(check one): 0 NE NW 0 SE ❑ SW
GENERAL DESCRIPTION:(the number of miles and direction from the nearest town and the approximate elevation):
22.5 Miles North of Stoneham Colorado ,4900"msl
11. Primary Mine Entrance Location(report in either Latitude/Longitude OR UTM):
Lpitude/Longitude:
Example: (N) 39° 44' 12.98"
(W) 104° 59' 3.87"
Latitude(N): deg 40 min 54 sec (2 decimal places)
Longitude(W): deg 103 min 42 sec (2 decimal places)
OR
Example: (N) 39.73691°
(W) -104.98449°
Latitude(N) (5 decimal places)
Longitude(W) (5 decimal places)
OR
Universal Tranverse Mercator(UTM1
Example: 201336.3 E NAD27 Zone 13
4398351.2 N
UTM Datum(specify NAD27,NAD83 or WGS 84)_WGS84 Zone 13
Easting
Northing
I
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12. Prima�rjuture(Post-minima land use(checlumP):
Cropland(CR) ,,,.. Pastureland(PL) , General Agriculture(GA)
✓ Rangeland(RL) — Forestry(FR) Wildlife Habitat(WL)
®Residential(RS) —Recreation(RC) Industrial/Commercial(IC)
Developed Water Resources(WR) Il Solid Waste Disposal(WD)
13.Prim resent land use(check one):
Cropland(CR) 1®Pastureland(PL) I General Agriculture(GA)
✓ Rangeland(RL) 1Forestry(FR) ( Wildlife Habitat(WL)
ElResidential(RS) J IRecreation(RC) F Industrial/Commercial(IC)
LIDeveloped Water Resources(WR) L, Mining(MN)
14. If this operation will use designated chemicals,or will result,or presently has acid mine drainage-you cannot use this application
form. You must submit either a 110d or 112d application form for Designated Mining Operations. In either case,you must list
any acidic or toxic-forming materials,exposed or disturbed as a result of the mining operation,and whether the operation will
result in or presently has acid mine drainage:
NA
15. Description of Amendment or Conversion:
If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s):
Maps&Exhibits:
Submit two(2)complete,unbound copies of the following application exhibits:
6.3.1 EXHIBIT A-Legal Description and Location Map
6.3.2 EXHIBIT B-Site Description
6.3.3 EXHIBIT C-Mining Plan
6.3.4 EXHIBIT D-Reclamation Plan
6.3.5 EXHIBIT E-Maps,to include the location of any recorded easements
6.3.6 EXHIBIT F-List of Other Permits and Licenses Required
6.3.7 EXHIBIT G-Source of Legal Right-to-Enter
6.3.8 EXHIBIT H-Municipalities Within a Two-mile Radius
6.3.9 EXHIBIT I-Proof of Filing with County Clerk
6.3.10 EXHIBIT J-Proof of Mailing Notices of Permit Application
6.3.12 EXHIBIT L-Permanent Man-Made Structures
1.6.2(1)(b) ADDENDUM 1 -Notice Requirements(sample enclosed)
6.5 Geotechnical Stability Exhibit(as required)
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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 c-xuiremen in the space provided, to acknowledge that you understand your obligations. If you do not understand these
ob i/rj�'.ns the please contact this Office for a full explanation.
'A . 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
4,
m ing operation in the event your permit is revoked and financial warranty is forfeited;
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;
.fit./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;
Weds)
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;
iti
"�a/ 5. It is your responsibility to notify the Office of any changes in your address or phone number;
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.
Al. 1 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;
t8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed
in Jit your application,as well as with the provisions of the Act and the Mineral Rules and Regulations in effect at the time the
is issued.
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.
NA 10. For joint venture/partnership permittee:the signing representative is authorized to sign when 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 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:
1. All necessary approvals from local government have been applied for(Section 34-32.5-110(lxa)(VIII).
2. 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(4xe),C.R.S.). (NOTE: For 110 operations,the affected area includes all lands delineated by the permit
boundary.)
3. 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.).
4. As the applicant/operator,I do not have any mining/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.).
5. 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.
This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-110,C.R.S.,of the Colorado Land
Reclamadon 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.
Signed and dated this ! 17I, day of -> 20fO •
b a •
• ✓ 1,7
Willits Company, a , %,If Corporation Attest �ti _;
Applic O erator r- fix;
Signed: Signed:C4-el • IOLA'
Corporate Secretary or Equivalent
Title: President Town/City/County Clerk
State of IA_)
lj o )ss.
County of y-py�,�l The foregoing instrument was acknowledged before me this / 7d- day of /rt,y . 2. 0/0
by Robert C.Willits as President Hilts C mpany, Inc.
eouury Not ublic
IARAMIE
- ._ My Commission expires: I/
SIGNATURES MUST BE IN BLUE INK
LEGAL DESCRIPTION EXHIBIT A
AN AREA OF LAND LOCATED IN THE SEE1A, SECTION 25, TOWNSHIP 11
NORTH, RANGE 57 WEST OF THE 6th P.M. , WELD COUNTY, COLORADO,
CONTAINING 9. 99 ACRES ±.
ENTRANCE AT 40°54 ' 04 . 02" , 103°42 ' 06 .24"
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Name: BATTLE CANYON PART OF SEI4NW4, SECTION WILLITS COMPANY, INC.
(CO) 25, T-11-N, R-57-W, ADAMS
Date: 05/19/10 COUNTY, COLORADO McENDAFFER MINE
Scale: 1 inch = 2,000 R. Entrance 40d054'4 02" MAP EXHIBIT A-I - LOCATION MAP
103(.142'6 24'
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