HomeMy WebLinkAbout20101083.tiff Epviroept, Ipc.
LARRY E. O'BRIAN 7985 VANCE DRIVE,SUITE 205A
FOUNDER ARVADA,COLORADO 80003
STEVAN L.O'BRIAN 303-423-7297
PRESIDENT FAX 303-423-7599
May 20, 2010
Weld County Board of
County Commissioners
915 10th Street, 3rd Floor
Greeley, Colorado 81003
Re: Application for a
Mined Land Reclamation Permit
Dear Commissioners ;
We are delivering to you here a Notice of Application.and
supporting documents for an Limited Impact Reclamation permit
that Willits Company, Inc is making to the Division of Minerals
and Geology for the McEndaffer Mine, pursuant to rule 2 . 2 . 2 (1) ,
Colorado Mined Land Reclamation Board - Mineral Rules and Regula-
tions .
Please acknowledge receipt of this notice packet by signing
in the appropriate space provided below and return a signed copy
of this cover letter to the person delivering it . We need to
submit this copy to the Division of Reclamation, Mining & Safety
as proof of our filing it with you.
Respectfully Submitted,
Stevan L . O ' Brian
President
enclosure
RECEIVED THIS DAY OF May 2010
Weld County Board of County Commissioners
By
Title
p; � �u cc . 1C No
2010-1083
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
LIMITED IMPACT (110) APPLICATION
NOTICE TO COUNTY COMMISSIONERS
Weld COUNTY
Willits Company, Inc . (Operator) has applied for a Construction
Materials Limited Impact Reclamation Permit from the Colorado
Mined Land Reclamation Board ( "the Board" ) known as the
McEndaffer Mine to conduct mining operation in Weld County. The
attached information is being provided to notify you of the loca-
tion and nature of the proposed operation. The entire applica-
tion is on file with the Division of Reclamation, Mining & Safety
(DRM&S) ( "the Division" ) and the Weld County Clerk of the Board
915 10th Street, 3rd Floor, Greeley, Colorado 80632
The applicant proposes to reclaim the land as rangeland.
Pursuant to C .R. S . 34-32 . 5-116 (7 ) (j ) the Board is required to
confer with the local Board of County Commissioners before
approving 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 ten (10) days after the applicant' s
newspaper publication.
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 & Safety, 1313 Sherman St . , Room
215, Denver, CO 80203 , (303 ) 866-3567 .
Willits Company, Inc .
May 20, 2010
STATE OF COLORADO
DIVISION OF RECLAMATION,MINING AND SAFETY
Department of Natural Resources
1313 Sherman St.,Room 21$
Denver,Colorado 80203 COLORADO
DIVISION OF
Pharr(303)866-3567
RECLAMATION
FAX:(303)832-8106 MINING
-&-
SAFETY
CONSTRUCTION MATERIALS
6111 Ritter,lr.
LIMITED IMPACT(110)OPERATION Governor
Mania D.Sherman
RECLAMATION PERMIT APPLICATION FORM Executive Dina
Ronald W.stagy
Division Director
CHECK ONE: There is a File Number Already Assigned to this Operation Ord Resource Trustee
Permit# M _ (Please reference the(umber currently assigned to this operation)
✓ New Application(Rule 1.4.5) LJ 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: (I)the
application form;(2)Exhibits A-I,Exhibit L,Addendum I,any sections of Exhibit 6.5 and Geotechnical Stability Exhibit,as required
by the Office,andoutlined in Rules 6.1,6.2,6.3,6.5,and 1.6.2(1)(6);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-7,Exhibit L,Addendum 1,and appropriate sections of 6.5(Geotechnical Stability Exhibit),as required,and a check for
the application fee described under(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 described below.
1. Applicant/operator or company name(name to be used on permitl: 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: $1,258.00 application fee
Amendment Fee(C.R.S.34-32.5.125(11)): $827.00 application fee
4.2 Conversion Fee(from 110d to 110 12,696.00 conversion fee(Rule 1.11.2(2))
5. Primary commodities)to be mined: Sand Gravel Borrow
5.1 Incidental commoditie(s)to be mined: I. / Ibs/fons/vr 2. / lbs/Tons/yr 3. / lbs/Tons/vr
4. / Ibs/Tons/yr 5. / lbs/Tonsivr
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 Reclamation Denver • Grand junction • Durango Active and Inactive Mines
-2-
11. Correspondence Information:
APPLICANT/OPERATOR (name,address,and phone of name to be used on permit)
Contact's Name: Bob Willits Title: President
Company Name: Wililte Company, Inc,
Street/P.O.Box: P.O.Box: 825
City: Cheyenne
State: WY Zip Code: 82003
Telephone Number: f 307 )_ 634-2300
Fax Number: f 307 1. 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: f 303 1. 423-7297
Fax Number: 1 303 1- 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: f 307 1_ 634-2300
Fax Number: (307 634-2310
CO STATE OR FEDERAL LANDOWNER(if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: 1 )-
CC: STATE OR FEDERAL LANDOWNER(if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( 1-
-3-
7. Name of owner of the subsurface riehts of affected land: Kenneth McEndaffer
8. Name of owner of the surface of affected land: Kenneth MCEndaffer
9. Time ofmininaOperation: 1 Surface 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 nn0 North 7 South
RANGE(write number and check direction): R 57 __C] East 0 West
QUARTER SECTION(check one): 11 NE PI I NW 0 SE I I SW
QUARTER/QUARTER SECTION(check one): 0 NE ® NW 0 SE 0 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):
Latitude/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(UTM)
Example: 201336.3 E NAD27 Zone 13
4398351.2 N
UTM Datum(specify NAD27,NAD83 or WGS 84)_WGS84 Zone 13
Easting
Northing
-4-
12. Prim=uture(Post-mining)land use(checksp>):
Cropland(CR) ,,,,,, Pastureland(PL) , General Agriculture(GA)
Rangeland(RL) — Forestry(FR) Wildlife Habitat(WL)
Residential(RS) — Recreation(RC) Industrial/Commercial(IC)
ElDeveloped Water Resources(WR) r Solid Waste Disposal(WD)
13. Prim resent land use(check one):
Cropland(CR) I Pastureland(PL) ( I General Agriculture(GA)
R Rangeland(RL) Forestry(FR) I Wildlife Habitat(WL)
Residential(RS) [ 1 Recreation(RC) Industrial/Commercial(IC)
Developed Water Resources(WR) 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(O(b) ADDENDUM 1 -Notice Requirements(sample enclosed)
6.5 Geotechnical Stability Exhibit(as required)
-5-
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 :euire en in the space provided, to acknowledge that you understand your obligations. If you do not understand these
ob•'.ns the' please contact this Office for a full explanation.
., 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
rm 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
e plication or your permit misrepresent important material facts;
11_--
3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary,
%Jubstantialcivil penalties,to you as permittee can result;
. Any modification to the approved mining and reclamation plan from those described in your approved application
////n//// 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;
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.
Aiiit)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;
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 Mineral Rules and Regulations in effect at the time the
4j.
rmit is issued.
Annually,nually,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 oermittee: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.
-6-
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.
-7-
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(1)(a)(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
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 tto7section 34-32.5-123,C.R.S.
Signed and dated this / / 7 h, day of /V ta,> 2/VO '
Willits Company, C. If Corporation Attest(Seal)
Applic erator
Signed: Signed:( .e Y.Q �vy
Corporate Secretary or Equivalent
Title: President Town/City/County Clerk
State of IA)
)ss.
County of
)
The foregoing instrument was acknowledged before me this / 711-- day of 14 2 0/O
by Robert C.Willits as President illits C mpany,cony/ F * Not ublic
Lamer
My Commission expires: 5'/i'// o/
SIGNATURES MUST BE IN BLUE INK
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Name: BATTLE CANYON PART OF SE/4NW4, SECTION WILLITS COMPANY, INC.
(CO) 25,T-11-N, R-57-W,ADAMS McENDAFFER MINE
Date: 05/19/10 COUNTY,COLORADO
Scale: 1 inch=2,000 ft. Entrance 404054'4.02" MAP EXHIBIT A-1 - LOCATION MAP
103442'6.24'
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