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Home My WebLink About20102354.tiff STATE OF COLORN DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 - Denver,Colorado 80203 - - ilat COL O R Phone:(303)866-3567 D t v I sr 0 FAX:(303)832-8106 RE CLAM/ , MINI st SAF E' Bill Ritter,Jr. Governor Notice of 112 Construction Materials Mike King Executive Direc Reclamation Permit Application Consideration Loretta E. Pinec Director DATE: September 30,2010 TO: Weld County Commissioners County Commissioner 915 10th St Greeley, CO 80631 FROM: Michael A. Cunningham, Environmental � Protection Specialist RE: Konig Ag Co., Konig Borrow Pit,File No. M-2010-055 Please be advised that on September 29, 2010, Konig Ag Co., whose address and telephone number are 37231 Hwy. 14 , Briggsdale, CO 80611; (970) 656-3657, filed an application to conduct Surface extraction of construction materials and reclamation, at or near Section 11, Township ION, Range 62W, 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 December 28, 2010. A copy of the application is available for review 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, they must be submitted within twenty (20) days of the date of the last 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. inn 01 uu �lt 1, 2010-2354 C L. PLC h_. . io - 4 -ib Office of Mined Land Reclamation Office Denver 0 Grand Junction 0 Durango Active and Ina( 5 IA! .h U.F. CULUI 1..)U DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 1313 Sherman St.,Room 215 Denver,Colorado 80203 COLORADO Phone:(303)e66 3567 CONSTRUCTION MATERIALS pi�-n,.-e,rt....y DIVISION o r RECLAMATION FAX:(303)632-8106 REGULAR(112)OPERATION MINING csrRECLAMATION PERMIT APPLICATION FORM -� - L1.; J SA&— SAFETY 'i"i:linty ,3 :.i.od:lyv� Bill Ritter,lr. CHECK ONE: ZThere is a File Number Already Assigned to this Operation Governor • 2,0t0 055 Harris D.Sherman Pe M—— (Please reference the file number currently assigned to this operatioa)ecutive Director ri New Application(Rule 1.4.5) ri Amendment Application(Rule 1.10) Ronald W.Caaany Division Director 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 Stability Exhibit,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 permit): Konig Ag Co. 1.1 Type of organization(corporation,partnership,etc.): Corporation 2. Operation name(Pit,mine or site names: Konig Borrow Pit 3. Permitted acreage(new or existing site): 35.0 permitted acres 3.1 Change in acreage(+) acres 3.2 Total acreage in Permit area acres 4. Fes: 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: Fill Dirt 5.1 Incidental commoditie(s)to be mined: 1. - lbs/Tons/vr 2. / Ibs/Tons/yr 3. / lbs/Tons/vr 4. / lbs/Tons/vr 5. / lbs/Ions/yr 5.2 Anticipated end use of primary commoditie(s)to be mined: fill dirt will be used for sub-surface of roads for oil and gas operations 5.3 Anticipated end use of incidental commoditie(s)to be mined: Office of Office of Mined Land Reclamation ,1 Denver • Grand Junction • Durango ' Active and Inactive Mines -2- 6. Name of owner of subsurface rights of affected land: Michael Konig If 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: Michael Knoig 8. Tyne of mining operation: Surface El Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN(check one): ® 6th(Colorado) In 10th(New Mexico) 1 ]t Ute SECTION(write number): S 11 TOWNSHIP(write number and check direction): T 10 n North Q South RANGE(write number and check direction): R 62 n East ri West QUARTER SECTION(check one): E E Era., O sw QUARTER/QUARTER SECTION(check one): NE I NW SE SW GENERAL DESCRIPTION:(the number of miles and direction from the nearest town and the approximate elevation): The site is located 3.5 miles southwest of Grover, Colorado. The approximate elevation is 5090 feet. 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 40 min 51 sec 13 00 (2 decimal places) Longitude(W): deg 104 min 17 sec 49 00 (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(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 -3- II. Correspondence Information: APPLICANT/OPERATOR (name,address,and phone of name to be used on permit) Contact's Name: Joel and Michael Konig Title: Owners Company Name: Konig Ag Co. Street/P.O.Box: 37231 Hwy. 14 P.O. Box: City: Briggsdale State: CO _ Zip Code: 80611 Telephone Number: (970 )_ 656-3657 or(970) 590-5061 Fax Number: ( )- PERMITTING CONTACT (if different from applicant/operator above) Chris rc R uJ++udi l Title: Project Manager Contact's Name: �� Company Name: Baseline Engineering Corp. Street/P.O. Box: 1536 Cole Blvd., Suite 220 P.O.Box: City: Golden State: CO Zip Code: 80401 Telephone Number: (303 )_ 940-9966x208 Fax Number: (303 )_ 940-9959 INSPECTION CONTACT Contact's Name: Same as operator Title: Company Namc: Street/P.O. Box: P.O.Box: City: State: Zip Code: Telephone Number: - - Fax Number: i )- CC: STATE OR FEDERAL LANDOWNER(if any) Agency: Street: City: State: Zip Code: Telephone Number: ( )- CC: STATE OR FEDERAL LANDOWNER(if any) Agency: Street: City: State: Zip Code: Telephone Number: ( )- -4- 12. Prima future(Post-minin¢) land use(check ones: rii Cropland(CR) Pastureland(PL) El General Agriculture(GA) n Rangeland(RL) fl Forestry(FR) ❑ Wildlife Habitat(WL) Ft Residential(RS) n Recreation(RC) 11'711 Industrial/Commercial(IC) Developed Water Resources(WR) Solid Waste Disposal(WD) 13. Primary present land use(check one : El^ Cropland(CR) ` '' Pastureland(PL) General Agriculture(GA) J -1_ Rangeland(RL) Forestry(FR) -( Wildlife Habitat(WL) Residential(RS) Recreation(RC) El Industrial/Commercial(IC) Developed Water Resources(WR) 14. Method of Mininv: Briefly explain mining method(e.g.truck/shovel): Loader and haul truck 15. On Site Processing: n Crushing/Screening 13.1 Briefly explain mining method(e.g.truck/shovel): N/A List any designated chemicals or acid-producing materials to be used or stored within permit area: N/A 16. Description of Amendment or Conversion: If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s). N/A 5- Mans 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 I,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(1X6): EXHIBIT A Legal Description EXHIBIT B Index Map EXHIBIT C Pro-M ining and Mining Plan Map(s)of Affected Lands EXHIBIT E Reclamation Plan EXHIBIl F Reclamation Plan Map EXHIBIT G Water Information EXHIBIT H Wildlife Information EXHIBIT I Soils Information EXHIBITJ 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 O Owners of Record of Affected Land(Surface Area)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 Permanent Man-Made Structures Rule I.6.2(1Xb) ADDENDUM I -Notice Requin.m..ots(sample enclosed) Rule 6.5 Geotechnical Stability Exhibit(any required sections) The instructions for preparing Exhibits A-S,Addendum 1,and Geotectmical Stability Exhibit are specified under Rule 6A and 6.5 and Rule 1.6.2(lXb)ofthe 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. 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 for a full explanation. 7 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; -6- 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; i /G 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; y4. 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; _// 5. It is your responsibility to notify the Office of any changes in your address or phone number; y/c 6. Upon permit issuance and prior to beginning on-site mining activity,you must post a sign at the entrance of the min.,site which shall he clearly vicihle 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. P7. 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. /, 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 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 ofJuly 1,1995,the annual fee is for the period ofJuly 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 pemuttee,to continue to pay your annual fee to the Office until the Board releases you from your total reclamation A responsibility. iUkt 10. For joint venture/partnershia 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. - 7 - 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. -8- 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. 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.). 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4xf),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 of the Colorado Land Reclamation Act for the Extraction of Construction Materials V IV LCLIVIL provisions Colorado l\GG�NLLLLUVrI Construction (Section 34-32.5-120,C.R.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. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-3x5-Il2,CR S,of the Colorado Land Reclamation Act for the Extraction if Construction Materials. Any alteration or modification of the form shag 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 34-315-123,C.R.S. Signed and dated this C1 day of te:)45p±Qfn mss- e0010 O hams A3 L . If Corporation Attest(Seal) Applicant/Op€rator or Company Name Signed: Dig Signed: .—ryl()U`.yY11.1‘- ^�J Corporate Secretary or Equivient Title: —PTV"-�.C�xl-* Town/City/County Clerk State of O'0lli'l lr.L& , �qq 't ' )ss. County of W..CXtI, ) t�The foregoing instrument was acknowledged before me this 9v^ �7 wn,p day of )2P. GL 0242_,by -S'n2� Yi0iq as PCP dzvtj- of kc„u-r ,n rr� Co• }�d�itL+aU �I j ; of Commission Expires • ° = My Commission expires: Fnhnrary try 2012 SIGNATURES MUST BE 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 proposed mining operation. The following is a sample of the Notice required for Rule 1,6.2(1)(b)that you may wish to use. NOTICE This site is the location of a proposed construction materials operation. (Name of the Applicant/Operator) Konig Ag Co whose address and phone number is(Address and Phone Number of the Applicant/Operator) 3723t 11,8 qg da e CO 06611(W0 6 6 66)' has applied for a Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the application may view the application at the(County Name) Weld County Clerk and Recorder's Office, (Clerk and Recorder's Office Address) 1402 N. 17th Ave, Greeley,CO 80631 and should send comments prior to the end of the public comment period to the Division of Reclamation, Mining, and Safety, 1313 Sherman St, Room 215, Denver, Colorado 80203. Certification: 1, (.vtris RkAck , hereby certify that I posted a sign containing the above notice for the proposed permit area known as the (Name of Operation) KDn;3 &orlttJ Pa' , on (Date Posted) 9/740 / /1 1/t7 SIG TUBE DATE NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS Weld COUNTY Koniq Ag Co (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 Pastureland use. Pursuant to Section 34-32.5-116(4)(m),C.R.S.,the Board may confer with the local Board of County 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 34-32.5-1 I2(10),C.R.S. 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. NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR(112)CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF SUPERVISORS OF THE LOCAL CONSERVATION DISTRICT West Greeley Conservation DISTRICT Konig Ag Co (the"Applicant/Operator")has applied for a Regular(1 12)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 Pastureland use. Pursuant to Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Conservation Districts 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.R.S. 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. AN EXAMPLE PUBLIC NOTICE WHICH MEETS THE REQUIREMENTS OF THE STATUTES IS SHOWN BELOW. THE BLANKS WHICH REQUIRE DATES WILL NEED TO BE FILLED IN ACCORDING TO THE FOLLOWING INSTRUCTIONS. PLEASE READ CAREFULLY. PUBLICATION INSTRUCTIONS: Date of commencement and date of completion should represent the dates which you feel most accurately describe the life of the operation. For all Regular(112)types of operations,this notice must be published once a week for four(4)consecutive weeks,starting within ten (10) days of the date the application is considered to be submitted to the Division. The final date for receiving comments is the 20th day after the fourth publication or the next regular business day. All notices must be published in a newspaper of general circulation in the locality of the proposed mining operation and mailed to the landowners as set forth in the Colorado Mined Land Reclamation Rules and Regulations. Since the date for consideration of your application may change, DO NOT include it in this notice. Fora complete discussion of the notice procedures and objections, please refer to C.R.S. 34-32.5-112(10), 114 and 115. ************************t********************'******************************************************** ***** PUBLIC NOTICE (Operator Name) Konig Ag Company ;(Address and Phone Number) 37231 Hwy 14,Briggsdale,CO 80611 has filed an application for a Regular(1 12)Construction Materials Operation Reclamation Permit with the Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. The proposed mine is known as the(Name of the Mine) Konig Borrow Pit ,and is located at or near Section 11 , Township 10 Range 62 , 6th Prime Meridian. The proposed date of commencement is ,and the proposed date of completion is . The proposed future use of the land is(Future Landuse) . Additional information and tentative decision date may be obtained from the Division of Reclamation,Mining,and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567,or at the(County Name) Weld County Clerk and Recorder's office;(Clerk and Recorder's Address) 1402 N.17th St.Greeley,co 80631 , or the above-named applicant. Comments must be in writing and must be received by the Division of Reclamation,Mining,and Safety by 4:00 p.m.on(Final Date for Comments) Please note that under the provisions of C.R.S. 34-32.5-101 et seq. Comments related to noise, truck traffic, hours of operation, visual impacts, effects on property values and other social or economic concerns are issues not subject to this Office's jurisdiction. These subjects, and similar ones, are typically addressed by your local governments, rather than the Division of Reclamation, Mining, and Safety or the Mined Land Reclamation Board. Mi\min'share\vsforms\07-07-01 vsfonns\Construction 112.doc 07/24/2007) Rule 6.4.1 Exhibit A-Legal Description (1) The proposed Konig Borrow Pit is located on a site of approximately 35 acres roughly 3.5 miles southwest of Grover, Colorado in Section 11, Township 10 North, Range 62 West. The proposed borrow pit is more specifically located in the Northwest quarter of Section 11. (2) The coordinates for the location of the main entrance to the site are: 40° 51'13"N 104°17'49"W Rule 6.4.2 Exhibit B-Index Map The location of the site is shown on Map I, Konig Borrow Pit-Index Map. This map shows the subject property in context with the surrounding area and its connection to roads in the area. • I iERu roRD SE QUADR i U.S DEPARTMENT OF AGRICULTURE cot c RAtx�wta t> t. t{iwst 'iEKVII"t: (TIRO(SMINtgl. SUMS t 4, I y I , - ~ . } t .4 1' its .11 . r 1110 %.y • . f ti .• ‘N..,.. ) . `.\ , - Pit nil C j 1.0(:.A -ION • • r 14 ' ,r 1 r s ' . 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