HomeMy WebLinkAbout20093325.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 1 l 1 Construction Materials
Reclamation Permit Release Request Consideration
DATE: December 8, 2009
TO:
Weld County Commissioners
County Commissioner
915 10th St
Greeley, CO 80631
iv 41/4i ILE
FROM: Jared L. Ebert, Environmental Protection Specialist
RE: Zak Dirt, Inc., Kammerzell Borrow Pit, Permit No. M-2007-004
COLORADO
DIVISION OF
RECLAMATION
MINING
_ &—
SAFETY
Bill Ritter, Ir.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
Please be advised that on December 8, 2009, Zak Dirt, Inc., whose address and telephone number are 14290 Hilltop
Rd , Longmont, CO 80504; (970) 535-4657, submitted a request for full reclamation responsibility release for the
Kammerzell Borrow Pit, Permit No. M-2007-004. The construction materials extraction operation is located at or
near Section 7, Township 4N, Range 66W, 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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2009-3325
Office of
Office of
Mined Land Reclamation
Denver • Grand Junction • Durango Active and Inactive Mines
STATE OF COLOFADO
'- DIVISION OF RECLAMATION, MINING AND SAFETY��
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: 13031 866.3567
FAX: 1303) 832-8)06
RECEIVED
JAN 19 2007'
Division of Reclamation,
CONSTRUCtt3iR9VIA tBRII*LS
SPECIAL (II I) OPERATION
RECLAMATION PERMIT APPLICATION FORM
COLORADO
otvtstoN or
RECLAMATION
MINING
SAFETY
Bill Owen,
Governor
Russet) George
Executive Director
Ronald l'v. Cattany
Divisiot, Director
'Zaiurrii Rewurcc Trustee
The application for a Construction Materials Special 1 I 1 Operation Reclamation Permit contains four major parts: (1) the application form;
(2) Exhibits A -L. Addendum 1, 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(1)(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 (1) completed, signed and notarized ORIGINAL and one (1) copy of the completed
application form, two (2) copies of Exhibits A -L, Addendum 1, 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 NOT be bound or in 3 -ring binders; maps should be folded to B 2" X 11" or 8 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 described below
1. Applicant/operator or company name (name lo.be-used_on the permit):
f c- Z K '1))e- 1 �'-w c , 12,e,-....________ `r
1.1 Type of organization (corporation, partnership, etc.): e e, r, s a rect:o,n
2. Operation name (pit, mine or site name): jadyl_i 1F_Y2 , 8errz,►j 2i .
3. Permitted acreage: __ Permitted Acres
4, New Application: $781.00 Application Fee
5. Primary commoditie(s) to be mined: I barn & bif-4- Per IZ 0 y -II +Ti c- Yrei V
6. Name of owner to the surface of affected land: 11P rri a / I/
7. Name of owner to the subsurface rights of affected land: Vev n—KlunnA t r tell
8. Type of mining operation: ?( . Surface Underground In -situ
9. Location information: The center of the area where the majority of mining will occur:
COUNTY: leo t? [&i
PRINCIPAL MERIDIAN (check one): _ K 6th (Colorado) 10th (New Mexico) Utc
SECTION (write number): S Ti___
"TOWNSHIP (write number and check direction): T •----4-- _(P _ X North _ South
RANGE (write number and check direction): R t East West
/P
QUARTER SECTION (check one): ___ NE _____ NW _ SE SW
QUARTER/QUARTER SECTION ION (check one): NE _x.__ NW SE _ SW
GENERAL DESCRIPTION: (the number of miles and direction from the nearest town �/and the approximate elevation).Q,,._,_,__
61+.� .0p4,ort. as fOs-l-erJ Ct reN; 1.¶ kP_S _1.S._LNx# - . tl: p 'Or
Office of Office of
Mined Land Reclamation Active and Inactive Mines
-2-
10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM):
La titusle/Longitude:
Example: (N) 39° 44' 12.98"
(W) 104` 59' 3.87"
Latitude (N): deg 0 min
Longitude (W): deg - /04 min _
OR
Example: (N) 39.73691°
(W) -104.98449°
ILl
Latitude (N)
Longiiudc(W)
OR
Universal Tranverse Mercator (UTM)
Example: 201336.3 E NAD27 Zone 13
4398351.2 N
sec Z9 . Z9 (2 decimal places)
sec 4(0 . 32 (2 decimal places)
(5 decimal places)
(5 '.0 Vtlju.i F/IYMeO)
UTM Datum (specify NAD27, NAD83 or WGS 84)
Easting
Northing
11. Primary Future (Post -mining) Land Use (check only one):
Cropland(CR) Pastureland(PL)
Rangeland(RL) i Forestry(FR)
Residential(RS) Recreation(RC)
Developed Water Resources(WR)
12. Primary Present Land Use (check only one):
)( Cropland(CR) Pastureland(PL)
Rangeland(RL) Forestry(FR)
Rcsidentiul(RS) Recreation(RC)
Developed Water Resources(WR)
i 3. Estimated Beginning Date of Contract:
13. I Estimated completion date of contract:
Zone
General Agiculture(GA)
Wildlife Habitat(WL)
Industrial/Commercial(IC)
Solid Waste Disposal(WD)
General Agriculture(GA)
Wildlife Habitat(WL)
industrial/Commercial(IC)
_ Mining(MN)
1) 2007
M41 15,~ Z 60
-3-
14. Correspondence Information:
APPLICANT/OPERATOR (name, address, and phone of name to be used on permit)
0.t
Contact's Name:
Company Name:
Street/P.O. Box:
City:
State:
Telephone Number:
Fax Number:
ZAk. 7)S2T I4lc.
4290 Alt P.d,
L on±
Title: ?ra� eth ilif11812Y
P.O. Box:
($7o ) - 53S- 4/&57
( 970 )-mss'- 4(56,1
PERMIrR IITT iG CONTACT (i f different from applicant/operator above)
TTING t 111VLT L%.JIY 1 n\• a (if Ul l4i Wlt la Way "Yplriwuuv�n. w �.�
Contact's Name:
Company Name:
Street/P.O. Box:
City:
State:
rite -
AS
Zip Code: OSO
Title:
P.O. Box:
Zip Code:
Telephone Number: ( -
Fax Number:
INSPECTION CONTACT
Contact's Name:
Company Name:
Street/P.O. Box:
City:
State:
MA -Ft led stt0
ZAK_
1 kit 90 H1Ifto f P{•
Le-orie-orj Mewl. t
Zip Code: go5D4
DrRT hr.
Title: P j eC.t /144ru .., e4,-
P.O. Box:
0
Telephone Number: ( 970 ) - 53s - 14,57
Fax Number:
L9.7e ) - SST-- `f Sbl
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:
Telephone Number:
6/4
Zip Code: -
L )-
-4-
1 5. Maas & Exhibits: Submit two (2) complete, unbound copies of the following application exhibits:
6.3.1
6.3.2
6.3.2
6.3.4
6.3.5
6.3.6
6.3.7
6.3.8
6.3.9
6.1.10
6.3.11
6.3.12
I.6.2(1)(b)
6.5
EXHIBIT A - Legal Description and Location Map
EXHIBIT B - Site Description
EXHIBIT C - Mining Plan
EXHIBIT D - Reclamation Plan
EXHIBIT E - Maps, to include the location of any recorded easements
EXHIBIT F - List of Other Permits and Licenses Required
EXHIBIT G - Source of Legal Right -to -Enter
EXHIBIT H - Municipalities Within a Two-mile Radius
EXHIBIT I - Proof of Filing with County Clerk
EXHIBIT J - Proof of failing Notices of Permit Application
EXHIBIT K - Terms of Governmental Contract
EXHIBIT I. - Permanent Man-made Structures
ADDENDUM 1 - Notice Requirements
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 your obligations. If you do not understand these obligations
then please contact this Office for a full explanation.
MK
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 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 new permit application and obtain approval from the Board or Office;
5. It is your responsibility to notify the Ofticc 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.
-5 -
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 Mineral 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 (S438), 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 an
operator, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility.
Permit Condition:
IMK.
A reportable spill is a spill of any toxic or hazardous substance (including spills of petroleum products) within the
mined land permit area reportable to any Division of the Colorado Department of Public Health and the Environment, the National
Response Center, the Colorado Emergency Planning Commission, any local Emergency Planning Commission, local Emergency
Planning Committee, or the State Oil Inspector. The Mine Operator shall notify the Division of Reclamation, Mining and Safety
(DRMS) of a reportable spill within the mined land permit area using the same timeframe required by the permit, license, notice,
statute, rule or regulation governing the reporting of the spill to the other appropriate agency. Notice of a reportable spill shall be
FAXed to: Minerals Program Supervisor, Division of Reclamation, Mining and Safety, FAX (303) 832-8I06. The FAX shall
include a call-back number of a responsible company official for DRMS staff to use as a contact.
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 arc 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.
6 -
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:
I . All necessary approvals from local government have been applied for (Section 34-32.5-111(1)(a)(IX));
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
applican/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 34-32.5-115(4)(e), 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 34-32.5-115(4)(1), C.R.S. 1984, as amended);
5. As the applicant/operator, I do not have any miningfexploration operations in this 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. 1984, as amended) as determined through a Board finding.
6. 1 understand that statements in the application arc being nude under penalty of perjury and that false statements
made herein are punishable as a Class I 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 34-32.5-111,CR.S., of the Colorado
Land Reclamation Act for the Extraction of Construction Materials. 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 permit pursuant to section 34-32.5-123, C.R.S.
Signed and dated this
By:
Title
is
day of -TM
e/tf',
State ofOoloraakr
) ss.
)
County of
, 2007
If Corporation Attest (Seal)
By:
e Secretary Equivalent
City/Coon Clerk
The foregoing instrument was acknowledged before me this igh day of CA -M
by "San.et Cr. SG -U raa, as ?res. awl" of acid -
No ry Publ
or
b
�; SIGNATURES MUST BE IN BLUE INK
kt, Inirl,.W rcw,n .'.ess..,41 i I:Approved 05111;2005)
My Commission expires:
My Commission Expires
January 31, 2009
NW V4 SE' Section 7 Township 4N Range 66W
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