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Home My WebLink About20092058.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 Release Request Consideration DATE: August 5, 2009 TO: Weld County Commissioners County Commissioner 915 10th St Greeley, CO 80631 1 L FROM: Eric C. Scott, Environmental Protection Specialist RE: Weld County, Marick/Andcrson Pit, Permit No. M-1992-105 COLORADO DIVISION OF RECLAMATION MINING — &_ SAFETY Bill Ritter, Jr. Governor Harris D. Sherman Executive Director Ronald W. Cattany Division Director Natural Resource Trustee Please be advised that on July 23, 2009, Weld County. whose address and telephone number are 1 11 1 H St. P.O. Box 758, Greeley, CO 80632; (970) 356-6496, submitted a request for full reclamation responsibility release for the Marick/Anderson Pit, Permit No. M-1992-105. The construction materials extraction operation is located at or near Section 31. Township 1 1 N, 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. 11.k/14[.l! l 110c 2009-2058 Office of C,7-_776 Mined Land Reclamation Denver • Grand Junction • Durango Office of Active and Inactive Mines CHECK ONE: III 111111111liiIIII � REG 2) RECLAMATION PERMIT APPLICATION FORM xx New Application (Rule 2) _ Conversion Application (Rule 1.10) Amendment RECEIVED OCT 26199Z DIVISION OF MINERALS & GEOLOGY Application (Rule 1.8) The application for a Regular Operation Reclamation Permit contains three major parts: (1) the application form; (2) Exhibits A -S: and, (3) the application fee. When you submit your application, be sure to include one (1) signed original and four (4) signed copies of the application form, five (5) copies of Exhibits A —S. and a check for the application fee described under Section (14) on Page 3. To expedite processing, please provide the information in the format and order described in this form. Qo7 JD S UL jr Type or print clearly, in the space provided, all information describe below. rcrtLRAI nrL.Arl`n,Ni rmcnnuerrloinm ��san _ r7/ --17i 1. Applicant/operator name: Weld County, Colorado 1.1 Type of organization (corporation, partnership, etc.): Government 2. Operation name (pit, mine or site name): Marick/Anderson Pit 2.1 I.R.S. Tax ID No. or Social Security No.: 98-03551 3. Permitted Acres: Please indicate acreage to the nearest tenth (10th) acre. 3.1 Application fee (see Section 14): 1,875.00 Application fee 4. Substance(s) to be mined (e.g., gravel/gold/borrow): Gravel - Dry Pit 5. Name of owner of surface of affected land: Fred Marick 141.79 Permitted acres 6. Name of owner of subsurface rights of affected land: Anderson/T.R. Inc. If 2 or more owners, refer to Exhibit P. 7. Type of mining operation: 22L Surface _ Underground 8. Location Information: the center of the area where the majority of mining will occur lies in: COUNTY: Weld PRINCIPAL MERIDIAN (check one): x 6th (Colorado) loth TOWNSHIP (write number and check direction): T 11 RANGE (write number and check direction): R 61 SECTION (write number): 5 31 QUARTER SECTION (check one): NE QUARTER/QUARTER SECTION (check one): _ NE GENERAL DESCRIPTION: (miles and direction from nearest town and approximate elevation) (New Mexico) _ Ute North South East _ West x NW x NW Two miles northwest of Grover, CO SE _ SW SE SW WCR 122 & 85 Elevation 5,100 h r- " 01- 92096a -2- 9. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Individual's Name: Kenneth Schraeder - Supervisor Company Name: Weld County - Mining Division Street: P. 0. Box 758 City: Greeley State: CO Zip Code: 80632 Area Code: 303 Telephone: 356-4000, Ext. 4750 PERMITTING CONTACT (if different from applicant/operator above) Individual's Name: Donald Carroll - Administrative Manager Company Name: Weld County - Engineering Department Street: P o Box 758 City: Greeley State: Colorado Zip Code: 80632 Area Code: 303 Telephone: 356-4000, Ext. 4750 INSPECTION CONTACT Individual's Name: Company Name: Street: City: State: Area Code: Kenneth Schraeder - Supervisor Weld County - Mining Division P 0 Box 758 Greeley Colorado Zip Code: 80632 303 Telephone: 356-4000, Ext. 4750 CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Area Code: Telephone: CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Area Code: Telephone: j • • 10. Primary future (Post -mining) land use (check one): Primary present land use (check one): 12. Method of Mining: -3- Cropland(CR) _ Pastureland(PL) _ General Agriculture(GA) x Rangeland(RL) _ Forestry(FR) _ Wildlife Habitat(WL) Residential(RS) Recreation(RC) Industrial/Commercial(IC) __Developed Water Resources(WR) __Solid Waste Disposal(WD) Cropland(CR) _ Pastureland(PL) x Rangeland(RL) _ Forestry(FR) Residential(RS) Recreation(RC) _ Developed Water Resources(WR) General Agriculture(GA) Wildlife Habitat(WL) _ Industrial/Commercial(IC) _ Quarry (QR) , Solution (SO) 12a. Other: Briefly explain mining method (e.g. Placer, truck/shovel). 13. On Site Processing: Solution (SO) _ Chemical (CH) _ Thermal (TH) _ Heap Leach (HL) _ Vat Leach (VL) 14. Application Fee: The application fee for Quarry mining is $2,325. The application fee for Solution mining or any Chemical or Thermal Processing is $3,100. If none of these methods or processes are to be included in the operation then the application fee is $1,875. The application fee for conversion to a 112 permit is $1,500. 112 Amendment application fee is $1,550. An applicant will not be issued a reclamation permit until notified by the Division that this application and the required performance and financial warranties have been approved. Alternatively, an automatic approval will occur where the Division fails to notify the applicant/operator that the application has been denied. The final agency action must be made within 120 calendar days from the date the application was submitted. However, the performance and financial warranties must be approved by the Division or Board before a permit will be issued even if you receive an automatic approval. NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT IS ISSUED (Rule 7.2(2)). It shall be 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. -4 - Notice Requirements Immediately after the first publication of your notice in a newspaper of general circulation in the locality of your proposed mining operation, you must mail a copy of the notice to all owners of record of surface rights to the affected land and all owners of record of lands that are within 200 feet of the boundary of the affected land. Notice requirements are specified in Rule 2.2. A copy of a form which includes all required information for the notice has been attached for your use. You will need to provide the Division proof of notice prior to the decision date, which may be by submitting return receipts of a certified mailing or by proof of personal service (Rule 2.2.2(6)). NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions, changes, and deletions to this document prior to final decision by the Mined Land Reclamation Board or Division. Therefore, if you have any comments or concerns, you should contact the applicant or the Division prior to the decision date so that you will know what changes may have been made to the application document. The Division 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 Division's review and decision or hearing process, you should contact the Division at (303) 866-3567. As an authorized representative of the applicant, I hereby certify that the operation described herein has met the minimum requirements of the following terms and conditions: 1. This mining operation will not adversely affect the stability of any significant, valuable and permanent man-made structure(s) located within two hundred (200) fee of the affected lands. However, where there is an agreement that damage to the structure is be be compensated for by the applicant/operator (C.R.S. 34-32-115(4)(d)), then mining may occur within 200 feet. Proof of an agreement must be submitted to the Division prior to the decision date. 2. No mining operation will be located on lands where such operations are prohibited by law (C.R.S. 34-32-115(4)(f)); 3. As the applicant/operator, I do not have any mining/prospecting operations in the State of Colorado currently in violation of the provisions of the Mined Land Reclamation Act (C.R.S. 34-32-120) as determined through a Board finding. -5- 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. Signed and dated this ;54-5 day of Weld County Board of Commissioners Applicant/Operator By: --T.. -- L K. Title: Chairman /0/c2i/9- , State of (Jena -0 County of ((),01L0� SS. If Corporation_Attest (Seal) By: �p Eoipor er.relaty mi Cyuivalent TownLC-i ty/County Clerk -f-0 &ai The foregoing instrument was acknowledged before me this `'=day of (9-efrbilA.) , /9649 - by George Kennedy as Chairman (04/92) 2823F of Board of County Commissioner= Notary Public MY COMMISSION EXPIRES JUNE 8, 1994 My Commission Expires: • ill liiililiiiiiiiii• EXHIBIT I LEGAL DESCRIPTION PROPERTY DESCRIPTION A parcel of land being part of the East Half of the Northwest Quarter (E1/2 NW 1/4), and part of Lots One (1) and Two (2) of Section Thirty-one (31): ALSO part of Lots Three (3) and Four (4) of Section Thirty (30) all in Township Eleven (11) North, Range Sixty-one (61) West of the Sixth Principal Meridian (6th P.M.): ALSO part of the Northeast Quarter (NE1/4) of Section Thirty-six (36): ALSO part of the Southeast Quarter (SEl/4) of Section Twenty-five (25) all in Township Eleven (1 t) North, Range Sixty-two (62) West of the 6th P.M., ALL in the County of Weld, State of Colorado and being more particularly described as follows: BEGINNING at the Quarter Corner common to Sections 31-T.11N: R.61W. and 36-T.11N: R.62W. as monumented by a set 30" of 2 3/8" O.D. aluminum tubing with a 3 1/4" Diam. aluminum cap stamped as per BLM instruction and JONES LS 22098, said Monument Type (MT) hereinafter referred to as MT#1, with the Section Corner common to Sections 30/31-T.11N.-R.61W. and 25/36-T.11N: R.62W. as monumented by a Witness Corner being a MT# 1 to bear North 00°00'00" West a distance of 2301.87 feet. From said Witness Corner the aforesaid Section Corner bears North 00°00'00" West a distance of 378.74 feet. Said line defines the BASIS OF BEARINGS of this survey, with all other bearings contained herein relative thereto: #1: THENCE North 00°00'00" West along the West line of Lot 2 of the aforesaid Section 31, a distance of 200.00 feet to a point. Said point being monumented by a set 24" of #4 rebar with yellow plastic cap stamped JONES LS 22098. Said Monument Type hereinafter referred to as MT#2. Said point being the TRUE POINT OF BEGINNING: #2: THENCE continuing North 00°00'00" West along the West line of Lots 1 and 2 of the aforesaid Section 31, a distance of 2101.87 feet tothe aforesaid Witness Corner. Said point being monumented by MT#1; #3: THENCE leaving said West line North 27°22'20" West a distance of 768.19 feet to a point. Said point being monumented by MT#2; #4 THENCE North 02°24'39" East a distance of 2086.14 feet to a point. Said point being monumented by MT#2; #5 THENCE South 85°16'26" West a distance of 1058.17 feet to a point. Said point being monumented by MT#2; #6: THENCE South 00°41'11" East a distance of 1863.71 feet to a point. Said point being monumented by MT#2; #7: THENCE South 42°44'12" East a distance of 867.24 feet to a point. Said point being monumented by MT#2; #8: THENCE South 00°00'00" West a distance of 2280.61 feet to a point. Said point being monumented by MT#2; #9 THENCE North 90°00'D0" West a distance of 1400.00 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 141.795 Acres, more or less ( t ), and is subject to any rights -of -way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE I, Charles B. Jones, a Colorado Registered Professional Land Surveyor, do hereby state that this PROPERTY DESCRIPTION was prepared under my personal supervision, and that it is true and correct to the best of my knowledge, information, belief, and in my professional opinion. Charles B. Jones Colorado Registere Land Surveyor #2209 3/992 �� %V 47p44 Hello