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Home My WebLink About20091710.tiffSTATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 Notice of 112c Construction Materials Reclamation Permit Partial Acreage Release Request Consideration DATE: July 16, 2009 TO: Weld County Commissioners County Commissioner 915 10th St Greeley, CO 80631 FROM: Jared L. Ebert, Environmental Protection Specialist RE: Lafarge West, Inc., Hamm Pit, Permit No. M-1987-176 ) L l' COLORADO DIVISION OF RECLAMATION MINING — &— SAF ETY Bill Ritter, Jr. Governor Harris D. Sherman Executive Director Ronald W. Canny Division Director Natural Resource Trustee Please be advised that on July 16, 2009, Lafarge West, Inc._ whose address and telephone number are 10170 Church Ranch Way, Ste. 200 , Westminster, CO 80021; (303) 657-4579, submitted a request for partial acreage release for the Hamm Pit, Permit No. M-1987-176. The construction materials extraction operation is located at or near Section 4, Township 2N, Range 68W, 06th Prime Meridian. in Weld County. Written comments or objections to the release may be submitted to, and additional information obtained from, the Division of Reclamation, Mining and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866- 3567. Comments or objections should be submitted as soon as possible. The Division is required to wait 30 days after the release decision is made to allow for comments or objections. GU( 1 U(te. I f" _ >r -r/ 2009-1710 Mined Land Reclamation Office of Office of Denver • Grand Junction • Durango Active and Inactive Mines I I 1 • STATE LC' ORADO DIVISION OF MINERALS AND GEOLOGY , Department of Natural Resources 1373 Sherman St.. Room 213 Denver, Colorado 80203 Phone: 1303) 866-3567 FAX: (303) 832-8106 CONSTRUCTION REGULAR OPERATION RECLAMATION PERMIT APPL Re c: Li_ St Ck ZZ `7 (11 CATIO}DF MINERALS R'TEOLOGY DEPARTMENT OF NATURAL RESOURCES Roy Romer Governor lames S. Wellhead Fzecudve Director Michael 8. Long Division Director —CR ONT: New Application (Rule 1.4.5) X Amendment Application (Rule 1.10) Conversion Application (Rule 1.11) Permit #- 87 - 176 - (provide for Amendments and Conversions of existing permits) IFe application for a Regular 112 Operation Reclamation Permit contains three major parts: (1) application form; (2) Exhibits A -S, Addendum 1, any sections of Exhibit 6.5 (Geotechnical :tability Exhibit; and (3) the application fee. When you submit your application, be sure to elude one (1) complete signed and notarized IVORY ORIGINAL and four (4) copies of the completed II application form, five (5) copies of Exhibits A -S, Addendum 1, appropriate sections of 6.5 eotechnical Stability Exhibit, and a check for the application fee described under Section (4) >elow. Exhibits should not be bound or in a 3 -ring binder; maps should be folded to 8 1/2' X 11' • 8 1/2" X 14" size. To expedite processing, please provide the information in the format and Ifder described in this form. I- 1 I. 1 I GENERAL OPERATION INFORMATION Type or print clearly in the space provided the information requested below. Applicant/operator or company name (name to be used on permit); Western Mobile, Inc, 1.1 Type of organization (corporation, partnership, etc.): Corporation 1.2 I.R.S. Tax I.D. No. or Social Security Number: 84-1116189 Operation name (pit, mine or site name): Permitted acreage (new or existing site) 3.1 Change in acreage (+ or -) 3.2 Total acreage in Permit area Fees: 4.1 4.2 4.3 4.4 4.5 Hamm Pit New Application New Quarry Application Milling Application (Non-DMO) Amendment Fee Conversion to 112 operation (set by statute) Primary conmloditie(s) to be mined: Sand & Gravel 5.1 Incidental commodities) to be mined: 1. 2. 4. lbs/Tons/yr 3. lbs/Tons/vr 5. 210 permitted acres acres 308 acres 98 $1,875.00 application fee $2,325.00 quarry application $3,100.00 milling application $1,550.00 amendment fee $1,875.00 conversion fee 1 x 106 mnn S/yr lbs/Tons/vr lbs/Tons/vr lbs/Tons/vr 5.2 Anticipated end use of primary commoditie(s) to be mined: 5.3 Anticipated end use of incidental commodities) to be mined: construction material 1• ' o. 7. Name of owner of surface of affected land: 1 Name of owner of subsurface richts of affected land: If 2 or more owners, ".refer to Exhibit O". • See Exhibit "0" See Exhibit "0" 8. Type of mininc operation: cL Surface — Underground 9. Location Information: the center of the area where the COUNT`_': Weld majority of mining will occur: PRINCIPAL MERIDIAN (check one): x 6th (Colorado) _ 10th (New Mexico) , rite SECTION (write number): S 4,1 TOWNSHIP (write number and check direction): T 2 x North _ South RANGE (write number and check direction): R 68 _ East x West QUARTER SECTION (check one): x NE NW _ SE SW QUARTER/QUARTER SECTION (check one): x NE _ NW _ SE — SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): 3 miles East of Longmont, Colorado, Elevation 4370 1110. Primary future (Post -mining) land use (check Cropland(CR) _ Pastureland(PL) Rangeland(RL) _ Forestry(FR) Residential(RS) _ Recreation(RC) X Developed Water Resources(WR) ,11. Primary present land use (check one): I I x Cropland(CR) _ Rangeland(RL) Residential(RS) _ Developed Water Resources(WR) Pastureland(PL) Forestry(FR) Recreation(RC) x X x one): General Agriculture(GA) Wildlife Habitat(WI,) Industrial/Commercial(IC) Solid Waste Disposal(WD) General Agriculture(GA) Wildlife Habitat(WL) Industrial/Commercial(IC) Method of Mining: Briefly explain mining method (e.g. truck/shovel): Front End Loader and Conveyor transport to the existing sand and gravel plant. On Site Processing: Crushing/Screening 14.1 Briefly explain mining method (e.g. truck/shovel); All sand and gravel to be processed at existing Hamm Pit and and gravel plant. List any designated chemicals or acid -producing materials to be permit area: None used or stored within 1• '4. Correstondence Information: ' APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: Dallas "Whitey" Glasser Title: Manager ' Company Name: Western Mobile, Inc, Street: 5959 Valmont Drive ' City: Boulder State: Colorado Zip Code; 80301 Telephone Number: ( 303 1 _ 546-1945 ' Fax Number: ( 303 ) - 448-7636 PERMITTING CONTACT (if different from applicant/operator above). IIContact's Name: Michael "Mike" J. Hart Title: Principal Company Name: Hart Environmental Street: PO Box 1303 City: Boulder State: Colorado Zip Code: 80306 ' Telephone Number: ( 303 ) _ 444-6602 Fax Number: ( 303 ` - 448-0209 ' INSPECTION CONTACT Contact's Name: Dallas Glasser Titie:Manager II Company Name: Same as Above Street: City: ' State: Zip Code: Telephone Number: ( ) - IFax Number: ( ) - CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Not Applicable Street: I City: State: Zip Code: Telephone Number: ( ) - ' CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Not Applicable ' Street: City: ' state: Zip Code: Telephone Number: ( 1 - I 15. Description of Amendment or conversion: If you are amending or converting the proposed change(s). This amendment will add approximately 98 acres to Western Mobile's existing Hamm Pit. an existing operation, provide a brief narrative describing There are no substantive changes to the existing mining and processing methods proposed. IMaps and Exhibits: Five (5) 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 Ibelow as Exhibits A -S 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. IWith each of the five (5) signed application forms, you must submit a corresponding set of maps and exhibits as described in the following references to Rule 6.4 and 6.5: EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I EXHIBIT J EXHIBIT K EXHIBIT L EXHIBIT H EXHIBIT N EXHIBIT 0 EXHIBIT P EXHIBIT Q EXHIBIT R EXHIBIT S Rule 6.1.2(1)(b) Rule 6.5 , Legal Description Index Map Pre —Mining and Mining Plan Hap(s) of Affected Lands Mining Plan Reclamation Plan Reclamation Plan Map Water Information Wildlife Information Soils Information Vegetation Information Climate Information Reclamation Costs Other Permits and Licenses Source of Legal Right -To -Enter Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined Municipalities Within Two Hiles Proof of Mailing of Notices to County Commissioners and Soil Conservation District Proof of Filing with County Clerk or Recorder Permanent Man -Made Structures 'ADDENDUM 1 - Notice Requirements (sample enclosed) Geotechnical Stability Exhibit (any required sections) the The instructions for preparing Exhibits A -S, Addendum 1, and Geotechnical Stability Exhibit e specified under Rule 6.4 and 6.5 and Rule 1.6.2(1)(b) of the Rules and Regulations. If u have any questions on preparing the Exhibits or content of the information required, or ould like to schedule a pre -application meeting you may contact the Office at 303-866-3567. 1 1 • -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 equirements are listed below. Please read and initial each requirement, in the space provided, to acknowledge that you understand your obligations. If 1rou do not understand these obligations then please contact this Office for a dull explanation. 1� 1 1 1 1 1 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; 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; 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; 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. 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. I • • 3. 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. leg.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 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. I 1 a 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. ILTE TO COMMENTORS/OBJECTORS: or is likely there will be additions, changes, and deletions to this document 'liar to final decision by the Office. Therefore, if you have any comments or :oncerns you must contact the applicant or the Office prior to the decision Ite so that you will know what changes may have been made to the application current. 'he Office is not allowed to consider comments, unless they are written, and tceived prior to the end of the public comment period. You should contact e applicant for the final date of the public comment period. Iyou have questions about the Mined Land Reclamation Board and Office's view and decision or appeals process, you may contact the Office at (303) 866-3567. I 'Signed and dated this '_ day of October Western Mobile, Inc. ' Applicant/Operator or Coommrna y Name Signed: . -,.•••-. Dallas Glasser Title: Manager 'State of Colorado ) ) ss ,County of Boulder ICertification: 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: I1. 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- I 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.; I 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.) I as determined through a Board finding. 4. 1 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. 1998 If Corporation Attest (Sean) Signed: icat _ __ rate Secretary or Equivalent Town/City/County Clerk The foregoing instrument was acknowledged before me this -4LI day of October , 1998, 'bye -L5 �`p'`-fit-i-- as W�0`N��`ZTiL-- of western mobile. Inc. Notary Public My Commission expires: \0I7.Z. IZL (Dt)-- SIGNATURES MUST BE IN BLUE INK A-1 2. EXHIBIT A - LEGAL DESCRIPTIONS I2.1 HAMM a. Area "B" (Adam) Ib. Area "C" (Heaton) I I I I I I I I I I I I I I 1• • AREA "B" (ADWM) COMMITMENT FOR TITLE INSURANCE SCHEDULE A "CONTINUED" ' RE: Our Order No.: CR46305 A portion of Lot B of Recorded Exemption No. 1313-4-2-RE10B5, according to the plat recorded May 24, 1988 in Book 1197 as RECEPTION NO. 2142263, being A parcel of land in the SE1/4 of the NE1/4 of Section 4, Township 2 North, Range 68 West of the 61h p.m., Weld County, Colorado, more particularly described as follows: ' Beginning at the East one -quarter corner of said Section 4, Township 2 North, Range 68 West of 6'h P.M., thence north along the East line of the NE1/4 of said Section 4, a distance of 1000 feet; thence west, along a line parallel I to the south line of the NE1/4 of said Section 4, a distance of 800 feet; thence south, along a line parallel to the East line of the NE1/4 of said Section 4, a distance of 600 feet; thence West, along a line parallel to the south line of the NE1/4 of said Section 4, a distance of 520 feet; thence south, along a line parallel to the East line of the NE1/4 of said Section 4, a distance of 400 feet to a point on the South line of the NE1/4 of said section 4; thence east, along the south line of the NE1/4 of said Section 4, ta distance of 1320 feet to the point of Beginning. ' • AREA "C • " (HEATON) 1 1 1 1 1 I I EXHIBIT A IQ WARRANTY DEED THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, EXCEPT A TRACT OF LAND CONVEYED TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO, DESCRIBED IN DEED RECORDED NOVEMBER 12, 1970, UNDER RECEPTION NO. 1557313 TN ROOK 635 e,Nn A TRACT DESCRIBED IN HEED RECORDED NOVEMBER 12, 1970 UNDER RECEPTION NO. 1557314 IN BOOK 635. ALSO EXCEPT A CRACT OF LAND IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID SECTION 9 WHENCE THE NORTHEAST CORNER BEARS NORTH 0 DEGREES 31 MINUTES 50 SECONDS EAST 755.8 FEET; THENCE SOUTH 0 DEGREES 31 MINUTES 50 SECONDS WEST 520.0 FEET BEARING REFERRED TO TRUE NORTH AS DETERMINED BY SOLAR OBSERVATION; THENCE PARALLEL TO THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, SOUTH 89 DEGREES 18 MINUTES 33 SECONDS WEST 420.0 FEET; THENCE NORTH 0 DEGREES 31 MINUTES 50 SECONDS EAST 521.57 FEET; THENCE NORTH 89 DEGREES 18 MINUTES 25 SECONDS EAST 420.0 FEET TO THE POINT OF BEGINNING, COUNTY OF WELD, STATE OF COLORADO. SPECIFICALLY INCLUDING ALL WATER RIGHTS APPURTENANT TO THE PROPERTY, INCLUDING BUT NOT LIMITED TO, ALL DITCHES AND DITCH RIGHTS, INCLUDING TWO (2) SHARES OF THE RURAL DITCH, ALL RESERVOIRS AND RESERVOIR RIGHTS, ALL WELLS AND WELL RIGHTS OR PERMITS, AND ALL SPRINGS AND SPRING RIGHTS. I • 3. EXHIBIT B - INDEX MAP The proposed expansion of the Hamm Pit will be located in Sections 4 and 9, Township 2 North, Range 68 West, in southern Weld County, Colorado. The proposed expansion area and currently permitted areas are shown on Exhibit B. I I I I I I I I I I I I I B-1 4964 31 9)6 CALKINS LAKE (UNION RESERVOIR) / .9:5 WESTERN Midwest .. Guldens Home / Location Map / / 1 j SUBJECT 444s ) T. 3 N. T. 2 N 4444 4443 444? Hello