HomeMy WebLinkAbout20101529.tiff STATE OF COLORADO
DIVISION OF RECLAMATION,MINING AND SAFETY
Department of Natural Resources t„AI n „I-�,.1
1313 Sherman St.,Room 215 r rk r}cc
Denver,Colorado 80203 -- COLORADO
Phone:(303)866-3567 DIVISION OF
FAX:(303)832-8106 20i0 J JUL III A {j_ 14 r RECLAMATION
MINING
6c—
SAFETY
Bill Ritter,Jr.
Governor
Notice of 112 Construction Materials
Mike King
Reclamation Permit Application Consideration Executive Director
Loretta E.Pineda
Director
DATE: July 12,2010
TO:
Weld County Commissioners
County Commissioner
915 10th St
Greeley, CO 80631
Said
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FROM: Michael A. Cunningham, Environmental Protection Specialist
RE: Miller Family Investments, LLC, Lone Tree Pit,File No. M-2010-047
Please be advised that on July 9, 2010, Miller Family Investments, LLC, whose address and telephone number are 10614
Hwy 66 , Platteville, CO 80651; (970) 396-1687, filed an application to conduct Surface extraction of construction
materials and reclamation, at or near Section 12, Township 8N, Range 66W, 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 7, 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.
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I C1 I 1- I�I I 2010-1529
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines
STATE OF COLORADO
DIVISION DIVISION OF RECLAMATION,MINING AND SAFETY
Department d Natural Resources
1313 Sherman 5L,Room 215
Denver,Colorado 80203 COLORADOION OP
Phone:(303)8663567 CONSTRUCTION MATERIALS RECLAMATION
FAX:003)832-8106 REGULAR(112)OPERATION MINING
RECLAMATION PERMIT APPLICATION FORM SAFETY
Bin RIaer•Jr.
CHECK ONE: ❑ • There is a File Number Already Assigned to this Operation Governor:
• Nano D.Shaman
P •Zvi -_ _ (Please reference the Me number currently assigned to this operatioa)ecutlre Dilutor
New Application(Rule 1.4.5) fl Amendment Application(Rule 1.10) Ro"'b N'•Ci°'"r
OMslan ohator
j,Conversion Application(Rule 1.11) Nand poaaa trusts*
n a fl 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(I) 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. Annlicant/onerator or company name(name to be used on perndtl: Miller Family Investments, LLC
1.1 Type of organization(corporation,partnership,etc.): Company
2. Operation name(pit.mine or sue name): Lone Tree Pit
3. Permitted acreage(new or existing sltel: RECEIVED 40.02 permitted acres
3.1 Change in acreage(+) JUN 24 2010 =PS
Total acreage in Permit area 40.02 acres
Division of reclamation,
Mining and Safety
4.1 New Application 52.696.00 application fee
4.2 New Quarry Application $3342.00 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 commodities)to be mined: Sand Gravel Clay
5.1 Incidental commoditie(a)to be mined: 1. Topsoil_ 1,500 Ibsrfons/vr 2. / lbs/Tons/vy
3. / lbs/Tons/vr 4. / lbs/Ions/vr - 5. / lbsrfons/vr
5.2 Anticipated end use of primary commoditie(s)to be mined: Roadbase
5.3 Anticipated end use of incidental commoditie(s)to be mined:Reclamation
office of Office of
Mired Land Reclamation Denver • Grand Juntlon • Durango Active and Inactive Mines
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6. Name of owner of subsurface rights of affected land: Miller Family Investments
If 2 or more owners,"refer to Exhibit O".
Miller Family Investments
7. Name of owner of surface of affected land:
8. Type of mining operation: ill Surface ❑ Underground
9. Location Information: The center of the area where the majority of mining will occur:
COUNTY: Weld PRINCIPAL MERIDIAN(check one): l.•.1 n 6th(Colorado) 1 I 10th(New Mexico) _D Ute
SECTION(write number): s 12
171
TOWNSHIP(write number and check direction): T R in North O.South
RANGE(write number and check direction): R 66 Q East 1:iWest
QUARTER ECTION(check QUARTER/QUARTER UARTER SECTION,(check one): NE NW L ❑ SW
Q
Q Q ) E SE SW
GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation):
3 miles northeast from the town of Pierce, CO Elevation 5080'
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) 40 .67979 (5 decimal places)
Longitude(W) 104 71553 (5 decimal places)
OR
Universal Tranverse Mercator(UTM)
Example: 201336.3 E NAD27 Zone 13
4398351.2 N
Nad 83 13
UTM Datum(specify NAD27,NAD83 or WGS 84) Zone
Easting
Northing
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IL. Correspondence Information:
APPLICANT/OPERATOR (name,address,and phone of name to be used on permit)
Contact's Name: Brady Miller Title: Managing Member
Company Name: Miller Family Investments, LLC
Street/P.O.Box: 10614 HWY 66 P.O.Box:
City: Platteville
State: Colorado Zip Code: 80651
Telephone Number: (970 )_ 396-1687
Fax Number: (970 )_ 785-2066
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name: Ryan Ellis Title: Project Engineer
Company Name: Greg Lewicki and Associates
Street/P.O.Box: 11541 Warrington Court P.O.Box:
City: Parker
State: Colorado Zip Code: 80138
Telephone Number: (303 )_ 880-6690
Fax Number: (303 )_ 356-6934
INSPECTION CONTACT
Contact's Name: Brady Miller Title: Managing Member
Company Name: Miller Family Investments, LLC
Street/P.O.Box: 10614 HWY 66 P.O.Box:
City: Platteville
State: Colorado Zip Code: 80631
Telephone Number: (970 )_ 369-1687
Fax Number: (970 )- 785-2066
CC: STATE OR FEDERAL LANDOWNER(if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( I-
CC: STATE OR FEDERAL LANDOWNER(if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( I-
-4-
12. Primatgfuture(Post-mining)land use(check onel:
! I Cropland(CR) fl Pastureland(PL) _r General Agriculture(GA)
.1 Rangeland(RL) Forestry(FR) Wildlife Habitat(WL)
Residential(RS) n Recreation(RC) Industrial/Commercial(IC)
nDeveloped WaterResources(WR) CI Solid Waste Disposal(WD)
13. Primary present land use(check on
II Cropland(CR) Pastureland(PL) General Agriculture(GA)
II Rangeland(RL) Forestry(FR) �� Wildlife Habitat(WL)
Residential(RS) Recreation(RC) L..J Industrial/Commercial(IC)
Developed Water Recourres(WR)
14. Method of Mining: Briefly explain mining method(e.g.truck/shovel):
Loader loading a truck or the crusher directly
15. On Site Processing: Ye. Crushing/Screening
13.1 Briefly explain mining method(e.g.truck/shovel):
loader loading a truck or crusher directly and no material washing.
List any designated chemicals or acid-producing materials to be used or stored within permit area:
Diesel fuel will be used on site and stored on site when processing is conducted.
16. Description of Amendment or Conversion:
If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s).
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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(l)(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 J Vegetation Information
EXHIBIT IC 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 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,Addendum 1,and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and
Rule I.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.
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.
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
�f contained in the application or your permit misrepresent important material facts;
v 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;
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;
Tr6. Upon permit issuance and prior to beginning on-site mining activity,you must post a sign at the entrance of
me 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.
7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly
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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
7I 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.
VciVe9. 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.
10. 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.
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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'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:
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.).
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.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 34-32.5-112,CR.S.,of the Colorado Land
Reclamation 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.Sig�need and dated this /di day of ` ( 'n e a0/o .
/r(t`/r e r 'f'G(,M t 't, 11RV ids LLC.. If Corporation Attest(Seal)
Applicant/Operator or Gempany Name
Signed: a b /L Signed:
t p ,,, Corporate Secretary or Equivalent
Title: IAGLANt.yvt\ 1 N�2w"ber Town/City/County Clerk
State of CO )DrOaf° )
County of
The foregoing instrument was acknowledged before me this 1 S+ day of Olt.Ile,
aoiD,by —airawto M.t1.er asMaY1wgihq Member ofMiIIerRaw,111IMeeme45, tie
a
>: Uf_
tt Q O My Commission expires: Fe a) aO 14
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SIG SMU E 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
LEGAL DESCRIPTION EXHIBIT A
The site is approximately 3.5 miles northeast of Pierce. A legal description of the permit
boundary is shown on Map C-1 which is included in Appendix B. A general location map is
enclosed as Map B-1 in Exhibit B. The total permit area is 40.02 acres. The access point to the
Lone Tree Pit is at 40.67979 deg north and 104.71553 deg west.
LEGAL DESCRIPTION
located
_ 1 within the northeast quarter Section 12, Township North Range 66
A tract of land 1V GateLL um quarter of 8 -•�- --� -
West of the 6th Principal Meridian, Weld County, State of Colorado and being more particularly
described as follows:
Commencing at the northeast corner of said Section 12,
thence S 45°02'55" W a distance of 42.39'; to the northeast corner of the permit boundary;
thence S 00°02'15" W a distance of 2541.42';
thence N 89°24'04" W a distance of 702.46';
thence N 00°44'23" E a distance of 2533.85';
thence N 89°57'45" E a distance of 671.37';
which is the point of beginning, having an area of 40.02 acres
The permit area is owned by Miller Family Investments, LLC.
The above described property is to be used for gravel source,roads, stockpiles and sales
facilities.
Lone Tree Pit, June 2009 A-1
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Notes: Revisions8 <"l7 YDA1ES RE OATS Miller Family Investments LLC
°RN RE 5/10/10 _> t ,t i , - , . , . i}• •'. Map B-1
O+! SCALE General Location Map
1' - 3000''
I APR) Lone Tree Pit
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•
Public Notice
Miller Family Investment, LLC, whose address and phone number is 10614 Highway 66
Platteville, CO 80651 Phone (970) 396-1687, has filed an application for a Construction
Material Limited Impact(112) 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 Lone Tree Pit
Pit, and is located at or near Section 12, Township 8 North, Range 66 W, 6th Principal
Meridian.
The proposed date of commencement is October 2010, and the proposed date of
completion is 2019. The proposed future use of the land is rangeland.
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 Weld County Clerk and Recorder's office; 1402 N 17th
Ave. Greeley, CO 80631, or at the above named applicant. A complete copy of the
application is available at the above named County Clerk and Recorder's office and at the
Division's office.
Comments concerning the application and exhibits must be in writing and must be
received by the Division of Reclamation, Mining, and Safety by on August, 27th 2010.
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.
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