HomeMy WebLinkAbout20091197.tiffSTATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman 5t., Room 215
Denver, Colorado 80203
Phone: (303) 866-3567
FAX: (303) 832-8106
Notice of 111 Construction Materials
Reclamation Permit Release Request Consideration
DATE: May 8, 2009
TO:
Weld County Commissioners
County Commissioner
915 10th St
Greeley, CO 80631
FROM:
RE:
Michael A. Cunningham, Environmental Protection Specialist
Ames Construction, Inc., Borrow Area D-Yocam, Permit No. M-2000-007
COLORADO
DIVISION OF
RECLAMATION
MINING
—St.—
SAFETY
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
Please be advised that on May 8, 2009, Ames Construction, Inc., whose address and telephone number are 18450 E.
28th Ave. , Aurora, CO 80011; (303) 363-1000, submitted a request for full reclamation responsibility release for the
Borrow Area D-Yocam, Permit No. M-2000-007. The construction materials extraction operation is located at or near
Section 21, Township 4N, Range 61W, 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.
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Mined Land Reclamation
Office of Office of
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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Depannlent of Natural Resources
1313 Sherman St.. Room 215
Denver, Colorado 80203
Phone: (3031 866-3567
FAX; !303) 832-8106
RECEIVED
JAN 14 2000
CONSTRUCTION MATERIALS DiViSiOll of Mineral&Geology
SPECIAL (Ill) OPERATION
RECLAMATION PERMIT APPLICATION FORM
IlIv'IlON OF
MINERALS
S.
GEOLOGY
:ECLArA?'ON
niNiNG-SAFETT
Bib Owens
Governor
Greg E. walcher
Executive Director
Michael B long
Director
The application for a Construction Materials Special 111 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 1.62(1 xb); (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 PIOT be bound or in 3 -ring binders; maps should be folded to 8 YC X I I" or 8 Y:" X 14" size. To
expedite processing, please provide the information in the format and order described in this form.
GENERAL OPERATION INFORMATION �0
Type or print clearly, in the space provided, all information described below. " •1 {)0 7
`I ) /
AonllcantioDerator or eomoans name (name to be used on the permit):
Ames Construction Inc.
1.1 Type of organization (corporation, partnership, etc.): r'nrpnra t -inn
1.2 I.R.S. Tax (D No. or Social Security Number: 41—0871375
2. Operation name (pit, mine or site name); Borrow Area D — Yocam
3. Permitted acreage: 30 Permitted Acres
4. New Application; 5625.00 Application Fee
5. Primary commodities) to be mined: Common Dirt
6. Name of owner to the surf et of affected land: Floyd Yoram Fstara
6.1 Names of the holders of any recorded easements on the affected land: None
7. Name of owner to the subsurface riehts of affected land: Floyd Yo cam Est ate••
8. Tvoe orminine operation: .. Surface _ Underground _ In -situ
9. Location information: The center of the area where the majority of mining will occur:
COUNTY: Weld County
PRINCIPAL MERIDIAN (check one): _ 6th (Colorado) _ 10th (New Mexico) _ Ute
SECTION (write number): SYI Zl
TOWNSHIP (write number and check direction): T _ North —,b1„ South
RANGE (write number and check direction): R fo I _ East West
QUARTER SECTION (cheek one): _ NE NW _ SE k SW
QUARTER/QUARTER SECTION (check one): _NE _NW _SE be SW
GENERAL DESCRIPTION: (miles and direction from nearest town and the approximate elevation) The, land is 1 ors red
on the Northeast corner of the intersection of county road 89 and highway 34.
ID. Correspondence Information:
APPLICANT/OPERATOR (name, address, and phone of name to be used on permit)
Contact's Name: Nathan Mininax Title: Project Engineer
Company Name: Ames Construction Inc.
Street: 18450 E. 28th Ave
City: Aurora
State: CO Zip Code: 80011
Telephone Number: ( 303 1. 363-1000
Fax Number: 303-363-4101
?ERMITTING CONTACT (if different from applicant/operator above)
atr
Contact's Name: Same as above Title:
Company Name:
Street:
City:
State: Zip Code: _
Telephone Number: ( 1 -
Fax Number:
INSPECTION CONTACT
Contact's Name:
Company Name:
Street:
City:
State:
Same as above Tide:
Zip Code:
Telephone Number: ( 1 -
Fax Number:
CC: STATE OR FEDERAL LANDOWNER (if anvl
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( )-
CC: STATE. OR FEDERAL LANDOWNER (if anvl
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( 1 -
Primary Future (Post-miuioe) Land Use (check only one):
Cropland(CR) Pastureland(PL)
X Rangeland(RL) _ Forestry(FR)
_ Residential(RS) _ Recreation(RC)
_ Developed Water Resources(WR)
12. Primary Present Land Use (eheekonly one):
Rangeland(RL) _ Foresny(FR)
_ Residential(RS) _ Recreation(RC)
Developed Water Resources(WR)
13. Estimated Beulnninz Date of Contract: 1/25/00
_ _ General Agriculture(GA)
_ Wildlife Habitat(W L)
_ IndustriaVCOmmercial(IC)
_ Solid Waste Disposal(WD)
.. General Agriculture(GA)
_ Wildlife Habitat(WL)
_ lndusniallCommercial(IC)
_ Mining(MN)
13.1 Estimated completion date of contract: 2/1/00
14. MBns & 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, to include holders of any recorded easements
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 .1- Proof of Mailing Notices of Permit Application
6.3.11 EXHIBIT K - Tams of Governmental Contract
6.3.12 EXHIBIT L - Permanent Man-made Structures
1.6.2(1)(b) ADDENDUM I - 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 pennittee, should filly 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 Ml explanation.
.LCM
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;
2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the
nominee 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;
lid 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit
boundary, substantial civil penalties, to you as pennittee can result;
*VA
sin
OVA
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
stance ofthe 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.
NnM 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+rrt 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 permit is issued.
Item
9. Annually, on the anniversary date of permit issuance, you must submit an annual fee (8350), 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
amtually on the ann versary 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, 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 (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 compensated for by the ttpplicant/operator (Section 34-32-1I 5(4)(d),
C.R.S. 1984, as amended), then mining may occur within 200 feel. 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-I I5(4xf), C.R.S. 1984, as amended);
5. As the applicant/operator, I do not have any mining/prospecting operations in this state of Colorado
cur enely in violation of the provisions of 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 statanents in the application are being made under penalty of perjury and that false
statanetrts made herein are punishable as a Class I misdaneanor pursuant to Section 18-8-503, C.R.S. 1984,
as amended
Signed and dated this i z day of Tannary 2000
Applicant/Operator
By: Nathan Mud linax
Title: Protect Engineer
If Corporation Attest (Seal)
By: poati)24)
24
Corporate Secretary or Equivalent
Town/City/County Clerk
State of Colorado
) ss.
County of Weld
�, /Thee [ongoing instrument was acknowledged before me this / 3 rz day of
,'t by /C i /Z:;4 as ,c7,y..T of
2822F wpf (02/I 0/99)
7100
The following is a sample of the Notice required for Rule 1.6.2(1 Kb) that you may wish to use. You mast post a
notice at the proposed access to the site.
This site is the location of a proposed construction materials operation. (Name of the Applicant/Operator)
Amps Construction Inc. whose address and phone number is (Address and Phone Number of the
Applicant/Operator)18450 E. 28th Ave, Aurora, CO 80011, 303_36anas1 tedforaSpecial Ill
Operation Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on
the application may view the application at the (County Name) Weld County Clerk or
Recorder's Odor (Clerk or Recorder's Once Address) 1"02. y 17th Awn Gra a i ay cc and should
send comments prior to the end of the public carman period to the Division of Minerals and Geology, 1313 Sherman
St, Room 215, Denver, Colorado 80203.
Certification:
I, (Name of the Applicant/Operator) Amps Construction Inc Hereby certify that 1posted a sign
containing the above notice for the proposed permit area known as the (Name of Operation) Borrow Area -D Yocam
on (Date Posted) in i 1/00
,/r 3 /0'O
SIGNATURE DATE
111 NOTICE 0?110N9
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR SPECIAL I l I OPERATION
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
weld COUNTY
em" c ('nna r rur Li on Inc. (the "Applicant/Operator") has applied for a Special 111 reclamation permit
from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of concoction materials
r_..__ iek__ti is being provided ,if.. of the location
in we i d �.owuy. The attached uuw u,u,vn to notify j.A. ,+. .... ..........,, and
nature of the proposed operation. The entire application is on file with the Division of Minerals and Geology (the
"Division") and the local county clerk or recorder.
The Applicant/Operator proposes to reclaim the affected land to General Agriculture use. Pursuant to
Section 34-32.5-I 16(4Xm), C.R.S., the Board may confer with the local Board of County Commissioners before
approving of 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 five (5) working days after the application was filed with the
Division.
If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please
contact the Division of Minerals and Geology, 1313 Sherman St., Room 215, Denver, Colorado 80203,
(303)866-3567.
NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this
is a notice of a change to a previously filed application you must either attach a copy of the changes, or attach a
complete and accurate description of the changes.
1/,3 foci
2622Fe< 02/10/99
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR SPECIAL III OPERATION
NOTICE TO THE BOARD OF SUPERVISORS
OF THE LOCAL SOIL CONSERVATION DISTRICT
Weld County DISTRICT
Apse- @IT'Srtrm The. (the "Applicant/Operator") has applied for a Special III reclamation permit
fiom the Colorado Mined Lana Reclamation Board (the "Board") to conduct the extraction of construction materials
in County. The attached information is being provided to notify you of the location and
nature of the proposal operation. The entire application is on file with the Division of Minerals and Geology (the
"Division") and the local county clerk or recorder.
The Applicant/Operator proposes to reclaim the afflicted land to General Agriculture usa Pursuant to
Section 34-32.5-I 16(4Xm), C.R.S., the Board may confer with the local Soil Conservation Districts before approving
of 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 five (5) working days alter the application was filed with the Division.
If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please
contact the Division of Minerals and Geology, 1313 Sherman St., Room 215, Denver, Colorado 80203,
(303) 866-3567.
NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this
is a notice of a change to a previously filed application you must either attach a copy of the changes, or attach a
complete and accurate description of the changes.
' u S / ce u
2822Fw.11 02/10/99
Applicant: Ames Construction, Inc.
Name of Site: Barrow Area D - Yocam
Date Prepared: Ill3/00
EXHIBIT 'A' - LEGAL DESCRIPTION AND LOCATION MAP
(I) The legal description of the site is as follows.
Section: SW21
Township: T4 South
Range: R61 West
Quarter Section: Southwest
Quarter/Quarter Section: Southwest
(2) The street address and lot number do not apply. The field is located on the northeast corner of the
intersection of State Highway 34 and County Road 89 in Orchard, Colorado.
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