HomeMy WebLinkAbout20101667 STATE OF COLORADO
DIVISION OF RECLAMATION,MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215 - � -� COLORADO
Denver,Colorado 80203
DIVISION OF
FAX: (303)866-3 67 ` " L 2 j A i:. 18 RECLAMATION
FAX:(303)832-8106 MINING
SAFETY
.;
Bill Ritter,Jr.
Governor
Notice of 112 Construction Materials
Mike King
Reclamation Permit Application Consideration Executive Director
Loretta E.Pineda
Director
DATE: July 21,2010
TO:
Weld County Commissioners
County Commissioner
915 10th St
Greeley,CO 80631 n __ Mk
FROM: Michael A. Cunningham, Environmental Protection Y Specialist
RE: Varra Companies, Inc.,Western Sugar Reclamation Land Development Project,File No. M-2010-049
Please be advised that on July 21, 2010, Varra Companies, Inc., whose address and telephone number are 8120 Gage
Street , Frederick, CO 80516; (303) 666-6657, filed an application to conduct Surface extraction of construction
materials and reclamation, at or near Section 9, Township 5N, Range 65W, 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 October 19,2010.
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.
Magi" 2010-1667
Office of Office of
Mined Land Reclamation Denver • Grand)unction • Durango Active and Inactive Mir
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STATE OF COLORADO
DIVISION Of RECLAMATION,MINING AND SAFETY
Depat,tu of Natural Resources
1313 Sherman St.,Roan 215
Denver,Colorado 80207 COLORADO
Mane:UO3)a663507 CONSTRUCTION MATERIALS DIVISION OF
RECLAMATION
FAX 003)83241106 REGULAR(112)OPERATION MINING
RECLAMATION PERMIT APPLICATION FORM SAFETY
•
all'amr,Ir.
CHECK ONE: ❑ There Is a File Number Already Assigned to this Operation °o"O"0f
Nan,D.showman
Pell M ___ (Please reference the file number currently assigned to this opemtionla nne Dlmctor
New Application(Rule 1.4.5) E.Amendment Application(Rule 1.10) RotuW Ve fang
DiviNan DIcMp
Conversion Application(Rule 1.11) IJSluril Roauce Malec
Permit/t M - - (provide for Amendments and Conversions of existing permits)
The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts:(I)the application
form;(2)Exhibits A-S,Addendum I,any sections of Exhibit 6.5(Geotechnical Stability Exhibit;and(3)the application fee. When you
submit your application, be sure to include one(I)complete sinned and notarized ORIGINAL and one (I)copy of the completed
application foray two(2)copies of Exhibits A-S,Addendum I,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 II"or B 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 permltl: Varra Companies, Inc.
1.1 Type of organization(corporation,partnership,etc.): Colorado Corporation
2. Operation name(pit,mine or site game': Western Sugar Reclamation Land Development Project
3. Permitted acreage(new or echidna site': 102.87 permitted acres
3.1 Change in acreage(+) RECEIVED -° acres
3.2 Total acreage in Permit area 102.87 acres
4. Fees: JUI 1 3 2010
4.1 New Application $2.696.00 application fee
4.2 New Quarry Application Division of Reclamation, $3,342.00 query application
4.4 Amendment Fee Mining&Safety $2,229,00 amendment fee
4.5 Conversion to 112 operation(set by statute) $2,696.00 conversion fce
5. Primary commoditie(s)to be mined: sand gravel r^"d^"'"•an" earth products
5.1 Incidental commoditie(s)to be mined: I. - Ibs/Tons/vr 2. / Ls/Tons/NI
3. / ibs/Tons/yr 4. / Ibs/fons/vr 5. / lbs./fons/Yr
5.2 Anticipated end use of primary commoditie(s)to be mined: urban&rural infrastructure &development
5.3 Anticipated end use of incidental commoditie(s)to be mined: N/A
Office or Office of
Mined land Reclamation Denver • Grand Junction • Durango Active and Inactive Mine"
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O
6. Name of owner ol'subsurface rights or affected land: Refer to Exhibit
112 or more owners,"reFer to Exhibit O".
7. [Name of owner of surface ofaffected(land: Varra Companies, Inc.
8. Type of mining operation: Lv I Surface CI Underground
9. Location Information: The center of the area where the majority of mining will occur:
COUNTY:� Weld
r 1
PRINCIPAL MERIDIAN(check one): 1 6th(Colorado) n 10th(New Mexico) _Elute
SECTION(write number): S nine
TOWNSHIP(write number and check direction): T five ✓l North D South
RANGE(write number and check direction): R sixty-five n East 1 West
QUARTER SECTION(check one): ❑ El ID1sa D S W
QUARTER/QUARTER SECTION(check one): NE NW SE ILSW
GENERAL DESCRIPTION:(the number of miles and direction from the nearest town and the approximate elevation):
Immediately east of Greeley, Colorado. Elevation 4,636 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 min sec_ (2 decimal places)
Longitude(W): deg min sec_ (2 decimal places)
OR
Example: (N) 39.73691"
(W) -104.98449°
Latitude(N) _ (5 decimal places)
Longitudc(W) (5 decimal places)
OR
Universal Tranverse Mercator(UTM)
Example: 201336,3 E NAD27 Zone 13
4398351.2 N
UTM Datum(specify NAD27,NADR3 or WGS 84) Nad 83 Zone 13
Fasting 2231009.40
Northing 396631.67
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I I. Correspondence Information:
APPLICANT/OPERATOR (name,address,and phone of name to be used un permit)
Contact's Namc: Christopher L Varra Title: President
Company Name: Varra Companies, Inc.
Street/P.O.Box: 8120 Gage Street P.O.Box:
City: Frederick
State: Colorado Zip Code: 80516
Telephone Number: (303 1. 666-6657
Fax Number: 1 303 ) 666-6743
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name: -•-•_-_• Title:
Company Name:
Street/P.O.Box: P.O.I3ox:
City:
State: Zip Code:
Telephone Number: ( I-
Fox Number: ( 1-
INSPECTION CONTACT
Contact's Name: same as above Title:
Company Name:
Str el/P.O. Box: P.O.Box:
City:
State: Zip Code:
Telephone Number: f )-Fax Number: j 1- ._.._
CC: STATE OR FEDERAL LANDOWNER(if anvt
Agency:
Street;
City:
State: Zip Code:
Tcicphonc Number: L 1-
CC; STATE OR FEDERAL LANDOWNER(if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: j 1-
-4-
12. Prima future(Post-minine)land('use(check one):
Cropland(CR) Paslureland(I'L) General Agriculture(GA)
Rangeland(RL) .O Forestry(FR) Wildlife llabitat(WL)
_El Residential(RS) ri Recreation(RC) lndustrial/Commercial(C)
ClDeveloped Water Resources(WR) fj Solid Waste Disposal(WD)
13. Primary present land use(check one:
II Cropland(CR) Pastureland(PL) ❑ General Agriculture(GA)
aHRangcland(RL) �i Forestry(FR) Tf Wildlife llabitat(WL)
Residential(RS) Recreation(RC) L) Industrial/Commercial(IC)
Developed Water Rcsources(WR)
14. Method of Mining: Briefly explain mining method(c.g.truck/shovel):
Surface extraction and processing o'ff aggregate using heavy equipment such as dozers,front-end loaders,scrapers,haul trucks,etc.
Fl.
15. On Site Processing: I ( Crushing/Screening
13,1 Briefly explain mining method(e.g.truck/shovel):
Materials are extracted and removed to screens and crushers for processing into product to be sold for urban infrastructure needs.
List any designated chemicals or acid-producing materials to be used or stored within permit area:
None. All fuels and lubricants will be brought to the location as needed on mobile equipment and vehicles.
16. Description of Amendment or Conversion:
If you arc amending or converting an existing operation,provide a brief narrative describing the proposed change(s).
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Maps 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 1,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 arc 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(I)(b):
EXHIBIT A Legal Description
EXHIBIT B Index Map
E;.:III>i l C Prc-Mi;;;;;8::d "-lining Plcn nd I( );If ^.ficctcd Lr:ds
EXHIBIT D Mining Plan
EXHIBIT L• Reclamation Plan
EXHIBIT F Reclamation Plan Map
EXHIBIT C Water Information
EXHIBIT II Wildlife Information
EXHIBIT I Soils Information
EXHIBIT 1 Vegetation Information
•
EXHIBIT K Climate Information
EXHIBIT L Reclamation Costs
EXIIIBIT M Other Permits and Licenses
EXHIBIT N Source of Legal Right-To-Enter
EXHIBIT 0 Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined
EXIIIBIT 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(I)(b) - ADDENDUM I -Notice Requirements(sample enclosed)
Rule 6.5 Geotechnical Stability Exhibit(any required sections)
The instructions for preparing Exhibits A-S,Addendum I,and Geotechnical Stability Exhibit are specified under Rule 6.4 and 63 and
Rule 1.6.2(1)(6)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.
Responsibilities as a Permit-tee:
Upon application approval and permit issuance,this application becomes a legally binding document. Therefore,there arc a
number of important requirements which you,as a permitter, 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
o understand these obligations then please contact this Office for a full explanation.
do
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;
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�� 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
al contained in the application or your permit misrepresent important material facts;
• 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit
elboundary,substantial civil penalties,to you as permittee can result;
• 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;
5. It is your responsibility to notify the Office of any changes in your address or phone number;
�/ . . . .
( .� `- u. Upon permit issuance anti pi or 10 aegnilling On-Slit mining ULLI P iiy.you •IWSL posit a Nigi,ai UK:ciu,i ice of
l/ 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,
e. the permit number.
7. The boundaries of the permit boundary area must be marked by monuments or other markers that arc clearly
a
a)- visibleand 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 ofthc Act and the Construction Material Rules
and Regulations in effect at the time the permit is issued.
g9. 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 arc for the previous year a permit is held. For
example,a permit with the anniversary date of July I, 1995,the annual fee is for the period of July I, 1994 through
June 30, 1995. Failure to submit your annual fcc 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 fcc to the Office until the Board releases you from your total reclamation
responsibility.
10. For joint venturc/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,
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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 commcnts,unless they arc 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.
I f 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:
I. 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-I 15(4)(e),C.R.S.).
2. No mining operation will be located on lands where such operations arc prohibited by law
(Section 34-32.5-I 15(4)(1),C.R.S.;
3. As the appheant/operator,I do not have any eauactiunicxpiunUdell upcm;iuus hi the State u1 Culuiadu uurently 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.)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 arc punishable as a Class I misdemeanor pursuant to Section 18-8-503,C.R.S.
•
This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,CR.S.,of the Colorado Land
Reclamation Act for 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 , day of .Ji�ly , /d =
c
V(3--1-ca Or P40.117 e5;r/rO , if Corporation Attest(Seal)„ _. Sc z.
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Applicant/Operator or Company amc �'�;
Signed: 1 � Signed: Y GMec
Co orate ecretary or Equivalent
Title: President Town/City/County Clerk
State of ddoT r) )
).ss.
County of / )
The foregoinyg rrstrument was acknowledged before me this 40 ith day of �V iy /d
aye) ,by Cihi 7s441ar 1-• VQ-rrca as N"etS P,nt of V,9--n-o l a,')cc, tne -
Notary Public
�� 9.
My Commission expires: /O �- /
SIGNATURES MUST BE IN BLUE INK Y,=_ T` =
You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as ktidoation of a. ?
Exhibit N — Source of Legal Right to Enter
6.4.14 EXHIBIT N - Source of Legal Right to Enter
The source of the Operator's/Applicant's legal right to enter and initiate a mining
operation on the affected land. (Same requirements as Rule 6.3.7).
As landowner(s) to all lands to be permitted for extraction under a Colorado
Division of Reclamation Mining and Safety (DRMS), Office of Mined Land
Reclamation (OMLR) permit, our signatures below testify that Varra Companies,
Inc. has the legal nit to enter ine with respect to all lands under this permit.
/754...1 �� i
Signed: J. v
President
Signed and dated this Ag-I-6' day of �l iy , 090/0
State of &3%-ra- 0 )
/ )ss
County of I/1/4/r/ )
The foregoing instrument was acknowledged before me this /o?A day of
j7 )Jy , goo
by 0,-A il� Aar I., V- et as rte;c'(e,,, /
of il
l--c-Co. ✓ i
Notary Public
My Commission expires: /1//L
Varra Companies, Inc. Western Sugar Reclamation Land Development Project 1
OMLR 112 Permit Application 2010
Exhibit A — Legal Description
6.4.1 EXHIBIT A— Legal Description
(1) The legal description must identify the affected land, specify affected areas and
be adequate to field locate the property. Description shall be by (a), township,
range, and section , to at least the nearest quarter-quarter section and (b),
location of the main entrance to the site reported as latitude and longitude, or the
Universal Transverse Mercator (UTM) Grid as determined from a USGS
topographic map. A metes and bounds survey description is acceptable in lieu of
township, range, and section. Where available, the street address or lot
number(s) shall be given. This information may be available from the County
Assessor's Office or U.S. Geological Survey (USGS) maps.
(2) The main entrance to the mine site shall be located based on a USGS
topographic map showing latitude and Inngitiirle or I lniversal Transverse
Mercator (UTM). The operator will need to specify coordinates of latitude and
longitude in degrees, minutes and seconds or in decimal degrees to an accuracy
of at least five (5) decimal places (e.g., latitude 37.12345 N, longitude 104.45678
W). For UTM, the operator will need to specify North American Datum (NAD)
1927, NAD1983, or WGS 84, and the applicable zone, measured in meters.
A parcel of land located in part of the NW/4,NE/4 and NE/4,NW/4; Section 9; and a
portion of the S/2,5/2; Section 4; all in Township 5 North; Range 65 West; 6th P.M.;
Weld County, Colorado; more specifically beginning from the Northeast corner of
Section 9; thence 1,317.97 feet S85°0326"W to the true point of beginning at the
Northeast corner of the Parcel and Permit Boundary; then:
1258.71 feet SOO°20'17"E
427.81 feet 581°1430"W
187.76 feet 521°15'32"W
645.75 feet 562°39'37"W
254.98 feet 565°08'23"W
670.46 feet S89°30'06"W, leaving the parcel boundary and forming the West boundary
of the permit area on a line running 2211.47 feet N00°57'15"W (note: this line
separates the permit boundary from the remainder of the parcel boundary to the East
of this line); and continuing the permit boundary,
217.13 feet N89°59'44"E
314.01 feet N00°39'29"W
68.47 feet S77°53'39"E
725.94 feet N75°07'41"E
337.80 feet 588°2321"E
19.88 feet S01°00'30"E
342.79 feet S60°42'25"E
349.71 feet 529°02'36"E
Varra Companies, Inc. Western Sugar Reclamation Land Development Project
OMLR 112 Permit Application 2010
Exhibit A — Legal Description _
352.91 feet S35°53'24"E, to the true point of beginning, and comprising 102.87±
acres, more or less.
The mine entrance is identified on Exhibit C-2: Extraction Plan Map, and located as
identified under NAD 83 Colorado State Plane North Zone — (UTM ZONE 13):
Easting 2231009.40, Northing 396631.67.
•
Varra Companies, Inc. Western Sugar Reclamation Land Development Project 2
OMLR 112 Permit Application 2010
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