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Home My WebLink About20092301.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 112 Construction Materials Reclamation Permit Application Consideration DATE: September 3, 2009 TO: Weld County Commissioners County Commissioner 915 10th St Greeley, CO 80631 Ill))) �4 , 1,. FROM: Eric C. Scott. Environmental'Protection pectalist RE: Weld County Public Works, Pierce North Sand and Gravel Pit, File No. M-2009-062 COLORADO DIVISION OF RECLAMATION MINING — &— SAFETY Bill Ritter, Jr Governor Harris D. Sherman Exec Wive Director Ronald W. Cattany Division Director Natural Resource Trustee Please be advised that on September 2, 2009, Weld County Public Works, whose address and telephone number are 1 1 1 1 H Street P O Box 758, Greeley, CO 80632: (970) 304-6496, filed an application to conduct Surface extraction of construction materials and reclamation, at or near Section I. 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 December 1, 2009. 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. 1 Ct X l C- / 6.O (cc PI, lip Mined Land Reclamation Office of Office of Denver • Grand Junction • Durango Active and Inactive Mines 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 (II St -7 07 STATE OF COLORADO k' CONSTRUCTION MATERIALS REGULAR (112) OPERATION RECLAMATION PERMIT APPLICATION FORM CHECK ONE: i t There is a File Number Already Assigned to this Operation Marls D. Sherman P t M - 20 - V ' - (Please reference the file number currently assigned to this operatios)ecuave Director I-12OZ New Application (Rule 1.4.5) Amendment Application (Rule 1.10) Ronald W. Canny Ll ' Division Director I Conversion Application (Rule 1.11) Natural Resource Trustee COLORADO DIVISION OF RECLAMATION MINING SAFETY Bill Ritter, P. Governor Permit if 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 (1) 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 1 P" 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. Applicant/operator or company name (name to be used on permit): Weld County Public Works 1.1 Type of organization (corporation, partnership, etc.): County Government 2. Operation name (pit, mine or site name): 3. Permitted acreaee (new or existing site): 3.1 Change in acreage (+) 3.2 Total acreage in Permit area Pierce North Gravel Pit 4. Fees: 4.1 New Application 4.2 New Quarry Application 4.4 Amendment Fee 4.5 Conversion to 112 operation (set by statute) 5. Primary commodities) to be mined: Gravel 5.1 Incidental commoditie(s) to be mined: Sand Clay 1. 50,000 _ 100,000 Ibs/Tons/yr 160 160 $2,696.00 $3,342.00 $2,229.00 $2,696.00 permitted acres acres acres application fee quarry application amendment fee conversion fee 2. / lbs/Tons/yr 3. / lbs/Tons/yr 4. / lbs/Tons/yr 5. / lbs/Tons/yr 5.2 Anticipated end use of primary commoditie(s) to be mined: County Road construction and repair 5.3 Anticipated end use of incidental commoditie(s) to be mined: County Road construction and repair Office of Mined Land Reclamation Office of Denver • Grand Junction • Durango Active and Inactive Mines 6. Name of owner of subsurface rights of affected land: Anadarko E & P If 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: Weld County 8. Tyne of mining operation: Surface Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN (check one): 171 6th (Colorado) a 10th (New Mexico) ® Ute SECTION (write number): S 1 TOWNSHIP (write number and check direction): T 8 1 North El South RANGE (write number and check direction): R 66 D. East ✓ West QUARTER SECTION (check one): E 0 0 ® sw QUARTER/QUARTER SECTION (check one): © NE NW SE SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): The entire quarter section will be permitted, Pierce, CO is 3.5 miles to the southwest 10. Primary Mine Entrance Location (report in either Latitude/Longitude OR 11TM): Latitude/Longitude: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude (N): deg 40 min 41 sec 11 50 (2 decimal places) Longitude (W): deg -104 min 43 sec 9 087 (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449° Latitude (N) 40 686528419 (5 decimal places) Longitude(W) -104 719190597 (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) Nad 83 13 Zone Easting Northing -3- 1 1. Correspondence Information: APPLICANT/OPERATOR Contact's Name: Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: PERMITTING CONTACT Contact's Name: Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: INSPECTION CONTACT Contact's Name: Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: (name, address, and phone of name to be used on permit) David Bauer Weld County Public Works Title: County Engineer 1111 H Street Greeley P.O. Box: 758 CO 970 ) _ 304-6496 970 ) _ 304-6497 Zip Code: 80632 (if different from applicant/operator above) Title: P.O. Box: Greg Nelson Zip Code: Weld County Public Works Title: Mine Foreman 1111 H Street Greeley P.O. Box: 758 CO Zip Code: 80632 (970 (970 )_ 304-6496 ) _ 304-6497 CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Telephone Number: Zip Code: ( )- CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Telephone Number: ( ) - -4- 12. Prima future (Post-mininzl land use (check oneZ: Pastureland(PL) Forestry(FR) Residential(RS) JJ Recreation(RC) Developed Water Resources(WR) U Cropland(CR) Rangeland(RL) n 13. Primary present land use (check one Cropland(CR) Pastureland(PL) II Rangeland(RL) Forestry(FR) Residential(RS) Recreation(RC) Developed Water Resources(WR) A ( ) General Agriculture(GA) Wildlife Habitat(WL) Industrial/Commercial(IC) ElSolid Waste Disposal(WD) HGeneral Agriculture(GA) Wildlife Habitat(WL) IDIndustrial/Commercial(IC) 14. Method of Mining: Briefly explain mining method (e.g. truck/shovel): Trackhoes, loaders and scrapers loading trucks 15. On Site Processing: El Crushing/Screening 13.1 Briefly explain mining method (e.g. truck/shovel): Loaders feeding portable screen and crusher, conveyor List any designated chemicals or acid -producing materials to be used or stored within permit area: None 16. Description of Amendment or Conversion: If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s). N/A Maps 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 EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I EXHIBIT J EXHIBIT K EXHIBIT L EXHIBIT M EXHIBIT N EXHIBIT 0 EXHIBIT P EXHIBIT Q EXHIBIT R EXHIBIT S Rule 1.6.2(1)(b) Rule 6.5 Legal Description Index Map Pre -Mining and Mining Plan Map(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 Miles Proof of Mailing of Notices to County Commissioners and 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 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 0d of understand these obligations then please contact this Office for a full explanation. 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; -6- ata 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. 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 Construction Material Rules and Regulations in effect at the time the permit is issued. 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. 10. For ioint 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. 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. 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: I. 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 applicant/operator (Section 834-32-115(4)(d), 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.) 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32-115(4)(f), C.R.S. 1984, as amended); 3. As the applicant/operator, I do not have any mining/prospecting operations in this state of Colorado currently 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. •- 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. 1984, as amended. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32-112,CR.S., of the Mined Land Reclamation Act. 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 per 4 ursuant to section 34-32-123, C.R.S. Signed and dated this A9 tt day of %.L AL Weld County Public Works Applant/Operator Name Signature: Title: County Engineer State of 4)(oradO ) ss. County of LL2Q./ l cm), WilliamF. Gaca Chair, Weld County Board of Commissioners If Corporation Attest (Corporate/County Seal) The foregoing instrument was acknowledged before me this ;96C .LS'Lt1LrLir l-14/Lr•A/, C.z-�tu G .LJ day of My Commission expires: AUG 0 3 2009 N0TAR) My Commnson Expires Sept 11 2009 ?loo9 ./fee EXHIBIT A - Legal Description A TRACT OF LAND LOCATED IN THE SOUTII EAST QUARTER OF SECTION I, TOWNSHIP S NORTH, RANGE 66 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, COMPRISING 160 (ONE HUNDERED AND SIXY) ACRES. THE PROPERTY ENCOMPASSES THE ENTIRE QUARTER SECTION. THE PROPERTY CAN BE ACCESSED OFF THE WEST SIDE OF WELD COUNTY ROAD 37. THERE IS NO STREET ADDRESS FOR THIS PROPERTY. LAND OWNER: Weld County M4DAVE B\Pierce North\DMG permit\Exhibits-Revl.doc 8/21/2009 EXHIBIT B - Index Map Index Maps Regional Index Map See below excerpted from Weld County GIS. M1DAVE BlPierce North\DMG permit \Exhibits-Revl doc 8/21/2009 Hello