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Home My WebLink About20092298.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 III Construction Materials Reclamation Permit Release Request Consideration DATE: August 14, 2009 TO: Weld County Commissioners County Commissioner 915 10th St Greeley, CO 80631 l 9 CI 4 FROM: Michael A. Cunningham, Environmental Protection Specialist RE: Bemas Construction, Inc., Smith Pit, Permit No. M-2000-043 COLORADO DIVISION OF RECLAMATION MINING — &— SAFETY Bill Ritter, Jr. Governor Harris D. Sherman Executive Director Ronald W. Cottony Division Director Natural Resource Trustee Please be advised that on August 14, 2009, Bemas Construction, Inc., whose address and telephone number are 80 Inverness Dr. East , Englewood, CO 80112: (303) 662-1877, submitted a request for full reclamation responsibility release for the Smith Pit, Permit No. M-2000-043. The construction materials extraction operation is located at or near Section 5, Township 4N. Range 63W. 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 within 15 days. The Division is required to wait 30 days after the release decision is made to allow for appeals. �r (-)9//9 7,`% P7 - Office of Office of Denver • Grand Junction • Durango Active and Inactive Mines Mined Land Reclamation • III IIi1IIIIIIIiI Ili • it)cpa5�— 889 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Dep.in menl of Natural Re>ourtes 1313 Sherman St., Room 215 Denver, Colorado 60203 Phone: 1303) 866-256% FAX: (303) 832-81 06 RECEIVED MAR 17 2000 U,lsiO4 ar .tti N ERA LS C E01.0 GY " c IAnA„CN Division of Minerals&Geology • " 1 CONSTRUCTION MATERIALS SPECIAL ((I I) OPERATION RECLAMATION PERMIT APPLICATION FORM 31ll O+,ans Cavnrnnr Greg E 'Nalcner .,PUnly? Oireclor ni,rhael 3 Long 0,lecur The application for a Construction Materials Special III Operation Reclamation Permit contains four major parts: (I) the application form: (2) Exhibits A -L, Addendum I, and any sections of Exhibit 6.5 (Geotechnical Stability Exhibit), as required by the Office, and outlined in Rules 6.1, 6.2, 6,3, 6.5, and 1.6.2( 0(b); (3) the application fee; (4) the Performance Warranty and if required a Financial Warranty. When you submit your application. be sure to include one (I) completed, signed and notarized IVORY ORIGINAL and one (I) copy of the completed IVORY application form, two(2) copies of Exhibits A -L, Addendum I, appropriate sections of Exhibit 6.5 (Geotechnical Stability Exhibit), as required, a check for the application fee described under (4) below, and the fully executed Performance Warranty and Financial Warranty, if required. Exhibits should au be bound or in 3 -ring binders; maps should be folded to 8 '''A" X 11" or 8 '''/" X 14" size. To expedite processing, please provide the information in the format and order described in this form. M --M3 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 the permit): 1.1 Type of organization - •rporatior, partnership, etc.): e S rt 4 S ti'J Sriz L+G 71 c' S ON C. • 1.2 I.R.S. Tax ID No. or Social Security Number: N !3≤ 7 4 i c, 2. Operation mime (oft, mine or site name): 3. Permitted acreage: /O Permitted Acres 4. New Application: $625.00 Application Fee 5. Primary commtditie(s) to be mined: 8nra4orc) 6. Name of owner to the surface of affected land: Q t cI-4 N7Z° 074 Gr€ L I ea e!- rive T1-1 6.1 Names of the holders of any recorded easements on the affected land: 7. Name of owner to the subsurface rights of erected land: Sra rv+•rt. 8. 9. Smt I-1-1 Pe r" Type of mining operation: _X, Surface T_ Underground In -situ Location information: The center of the area where the majority of mining will occur: COUNTY: ICJ EEL. O PRINCIPAL MERIDIAN (check one): ---.1( 6th (Colorado) — 10th (New Mexico) `Ute SECTION (write number): TOWNSHIP (write number and check direction): T _. h North — South RANGE (write number and check direction): R 63 East _A West QUARTER SECTION (check one): ,--LCNE _NW _SE !SW QUARTER/QUARTER SECTION (check one): 3( NE _NW .,SE _SW GENERAL DESCRIPTION: (miles and direction from nearest town and the approximate elevation) /o hiit.i- S Bnemr oR' KanKanriy cM ut.vIN ►-7 34 act./ 4- ooCr I0. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: sLe.n2 f4-s•�.G_A Title: P2'AGM PILE 8 Company Name: r Net canr3nahtcriot4 nYL• Street: / 59P rGa4"Crinl et it City: E'M6,L.n-_W 00 *Fr. State: e 0. Zip Code: S / I z Telephone Number: ( at 1.4 _ / 1_ Z. - 1 P17 Fax Number: 3o3 LGZ-L 78 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: %.WifzrZy Prnt�S Title: �3, YR'tNCIPIS Company Name: �t[r•n//✓a5 C-0144171uanUN,SA1G• Street GF90— r6t6ConL cult City: EN lit L it u.I G G t? State: !t U Zip Code: 90 I/ Z TelephoneNumber: ( 303 )- GLZ-lei%% Fax Number: 303 44z- /e18 INSPECTION CONTACT Contact's Name: Title: Company Name: Street: City: State: Zip Code: Telephone Number: ( 1 - Fax Number: CC: STATE OR FEDERAL LANDOWNER (if anvl Agency: Street: City: State: Zip Code: Telephone Number: 1 1 - CC: STATE OR FEDERAL LANDOWNER (if anv) Agency: Street: City: State: Zip Code: Telephone Number: ( l- I I. Primary Future (Post-minina) Laud Use (check only one): Cropland(CR) _ Rangeland(RL) _ Residential(RS) Pastureland(PL) Forestry(ER) _ Recreation(RC) _Developed Water Resources(WR) 12. Primary Present Land Use (check only one): Cropland(CR) Rangeland(RL) _ Residential(RS) Pastureland(PL) Forestry(FR) Recreation(RC) _ Developed Water Resources(WR) _ General Agriculture(GA) _ Wildlife Habitat(W L) lndustrial/Comrnercial(I C ) _ Solid Waste Disposal(WD) General Agriculture(GA) Wildlife Habitat(WL) Industrial/Commercial(1C) Mining(MN) (3. Estimated Definable Date of Contract: A Peat„, 1 , YQ' OO 13.1 Estimated completion date of contract. 14.441. I, 2 O0U 14. Mans & 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 - Sire Description 633 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, to include holders of any recorded easements 63.8 EXHIBIT H - Municipalities Within a Two-mile Radius 6.3.9 EXHIBIT I - Proof of Filing with County Clerk 6.3.10 EXHIBIT I - Proofof Mailing Notices of Permit Application 6.3.11 EXHIBIT K - Terms of Governmental Contract 61.12 EXHIBIT L - Permanent Man-made Structures 1.6.2(1)(b) ADDENDUM 1 Notice Requirements 6.5 Geotechnical Stability Exhibit (as required) 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 yoyr obligations. If you do not understand these obligations then 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 mining operation in the event your permit is revoked and financial taranty is forfeited; 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the pennittee 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 taco; 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; 8. It is a pmvision 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 permit is issued. 9. Annually, on the anniversary daze of permit issuance, you must submit an annual fee ($350), 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 requited 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 I, 1995. the annual fee is for the period of July I, 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 an operator, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. Certification: As an authorized representative of the applicant, 1 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 (Rule 1.6.2(1) and (2)); 2. This entire mining operation will not affect more than 30 acres; 3. This mining operation will not adversely affect the stability of any significant, valuable and permanent man-made structure(s) located within two hundred (200) feet of the affected lands. (However, where there is an agreement between the applicant/operator and the persons having an interest in the structure that damage to the structure is to be eumpcnsated fu, by the applicant/operator (Section 34-32-1 15(4)(cl), C.R.S. 1984, as amended), then mining may occur within 200 feet. Proof of an agreement must be submitted to the Office prior to the decision date.) 4. No mining operation will' be located on lands where such operations are prohibited by law (Section 34-32.115(4X°, C.R.S. 1984, as amended); 5. As the applicant/operator, I do not have any mining/prospecting operations in this state of Colorado currently in violationofthe provisions bf the Mined Land Reclamation Act (Section 34-32-120, C.R.S. 1984, as amended) as determined through a Board finding. 6. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishableas a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. 1984, as amended. Signed and dated this /74 day of f%"/ w^e///J 2-t.c By: If Corporation Attest Seal),-. 490 Corporate Sedrtary or Equivalent Town/City/County Clerk State of 1. e/nr— d e ) � /� ) ss. // ' County of r /i/ ) -1%t Theeooregotn instrument was acknowledged before me this // day of by nor /te//Jt'I as Kotary Public ,dLA 2822F.wpf (02/1099) My Commission expires: My Coitimission Expires C7,'"t EXHIBIT A LEGAL DESCRIPTION File Name Operation Name: Smith Pit Legal Description ( to the nearest quarter -quarter Section) : NEl/4,NW 1/4 SECTION 5, TOWNSHIP 4 N., RANGE 63 W, 6th P. M. Acreage: 10 Acres County: Weld State: Colorado 34-32-101 et. sep., C. R. S. 1973, as amended Hello