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HomeMy WebLinkAbout20093132.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: November 24, 2009 COLORADO DIVISION OF RECLAMATION MINING -&t- SAFETY Btll Ritter, Jr. Governor Harris D. Sherman Executive Director Ronald W. Cottony Division Director Natural Resource Trustee fO: Weld County Commissioners County Commissioner 915 10th St Greeley, CO 80631 \ t Y)) J?i ) ( FROM: Jared L. Ebert, Environmental Protection Specialist RE: Aggregate Industries - WCR, Inc.. Lewis Farm Sand and Gravel Mine, Permit No. M-2000-065 Please be advised that on November 24, 2009, Aggregate Industries - WCR. Inc., whose address and telephone number are 1707 Cole Blvd., Ste. 100 , Golden, CO 80401: (970) 353-2005, submitted a request for full reclamation responsibility release for the Lewis Farm Sand and Gravel Mine, Permit No. M-2000-065. The construction materials extraction operation is located at or near Section 13. Township 1N, Range 67W, 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. J/rc </(,;,✓, / / 2009-3132 Office of Mined Land Reclamation Office of Denver • Grand Junction • Durango Active and Inactive Mines • • iii iiuuiiuu1 m STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Deparrmen, of Natural Resources 151 I Sherman St, Room 215 Denver, Colorado 80203 Phune 1)03) 866-3567 FAX 11031832-8106 CHECK ONE: X New Application (Rule 1.43) Permit # M - CONSTRUCTION MATERIALS REGULAR (112) OPERATION RECLAMATION PERMIT APPLICATION FORMOMSI0n 0I Minera)S & Ge010 ins Governor GRRE Wilder Eaeculve Director Amendment Application Rule 1.10��s1 duel s tons PP ( bipvmo" D,renor DIVISION OI MINERAL. GEOLOGI RECLAMATION MINING•SAFETY Conversion Application (Rule 1.11) ry1' 2otw ocpc RECEIVED MAY 15 2000 (provide for Amendments and Convenions of existing permits) The application fora Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (I) the application form; (2) Exhibits A -S, Addendum I, 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) somolete sieved and notarized IVORY ORIGINAL and four (4) copies of the completed Dam application form, five (5) copies of Exhibits A -S, Addendum 1, appropriate sections of 6.5 (Geoteclmical 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 I/2" X II" or 8 I/2" X 14' size. To expedite processing, please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION O. _ _ !I afOaCi Type or print clearly, to the space provided, ALL information requested below. $ on s co 1. ADpllcaatiooentororcomnaavaane fume tobeused on.jermit1: Aggregate Industries. West Central Region, Inc. 1.1 Type of organization (corporation, partnership, etc.: Corporation 1.2 1.R -S. Tax ID. No. or Social Security Number. 2. Operation name (Dtt, mine or site Darnel: Lewis Farm Sand and Gravel Mine 3. Permitted acrnee (new or exhibit site): 3.1 Change in acreage (+) 3.2 Total acreage in Permit area 4. Fes: 4.1 New Application 4.2 New Quarry Application 4.3 Milling Application (Non-DMO) 4.4 Amendment Fee 43 Conversion to 112 operation (set by statute) 5. Primary eommodltle(t) to be mined: Sand and Gravel 5.1 incidental commoditie(s) to be mined: I. 500,000 Tons/year 160 permitted acres 0 acres 160 acres SI.875.00 application fee $2.325.00 quarry application $3.100.00 milling application 51.550.00 amendment fee 51.875.00 conversion fee Ibs/fonsM 2. / Ibs/fons/vr 3. / lbs/fons/vt 4. / Ibs/fons/vr 5. / Ibs/Tons/yr 5.2 Anticipated end use of primary commoditie(s) to be mined: Construction Aggregates 5.3 Anticipated end use of incidental commoditie(s) to be mined: • 6. Name of owner of subsurface rirhts of of r ctrit lane If 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: RML Property Investors, LLC. Diamond G Concrete Company 7.1 Names of the holders of any recorded easements on the affected land: HS Resources, Inc. 8. True of miningooeration: X Surface Underground 9. Location Information: The center of the area where the majority of mining will occur: Weld COUNTY: PRINCIPAL MERIDIAN (check one): SECTION (write number): S TOWNSHIP (write number and check direction): T RANGE (write number and check direction): R X 6th (Colorado) 10th (New Mcaco) _ the 13 67 X North _ South East X West QUARTER SECTION (check one): `NE —NW X SE _SW QUARTER/QUARTER SECTION (check one): NE _ NW SE SW GENERAL DESCRIPTION: (the number of [[riles and direction from the nearest town and the approximate elevation): Three miles south and one mile west of Fort Lupton (one mile north of Wattenberg) Elevation approx. 4920 feet. 10. Primary Mute Monteath!) land use (check one): - Croplmd(CR) — Pastureland(PL) - Rmgetand(RL) _ Forestry(FR) - Rcsidential(RS) Recreation(RC) X Developed WaterResoomees(WR) /�"'�/ I dra W Id ( ((C hall) �C • 11. flinty present land use (meek otsel: _ Cropland(CR) _ Rangeland(RL) Residential(RS) Pastureland(PL) Forestry(FR) Recreation(RC) General Agriculture(GA) Wildlife Rabitst(WL) _ Industrial/CornmerciaffIC) Solid Waste Disposal(WD) General Agricuhure(GA) _ Wildlife Habitat(WL) Indesuial/Commereial(IC) Developed WaterResdmos(WR) 12. Method of Main: Briefly explain mining method (e.g. truck/shovel): Front end loaders, filed conveyors. 13. ORSRe Protessrpj. X Crushmp/Screenrag Strip topsoil and overburden with scrapers, excavate sand 13.1 Briefly ctplain mining method (e.g. trock/shovel): and gravel with loaders, transport to processing plant by conveyor. List any designated chemicals or acid -producing materials to be used or stored within permit area: none 14. Correspondence Information: APPLJCANT/OPFR0j'OS (name, address, and phone of name to be used an permit) Contact's Name: Mike Refer Company Name: Aggregate Industries, West Central Region, Inc. Street: 3605 South Teller Street City: Lakewood Stare: Colorado Telephone Number. j 303 1_ 716-5304 Fax Number: f 303 1 _ 980-8002 PER�STTING CONTACT (if different from applicant/operator above) Contacts Name: Company Name: Street: City: State: Telephone Number Fax Number. JZISPFSIION CONTACT Contact's Name: Company Name: Street: City: State: Telephone Number Fax Number. Tide: Vice President zip Cam: 80235 Paul G. Gesso Title: Banks and Gesso, LLC 720 Kipling St., Suite 117 Lakewood Colorado zip Code: 80215 ! 303 1_ 274-4277 j 303 1_ 274-8329 Mike Refer Tide, Vice President Aggregate Industries, West Central Region, Inc. 3605 South Teller Street Lakewood Colorado ( 303 l_ 716-5304 ( 303 I. 980-8002 CC: STATE OR. FEDERAL LANDOWNER (ifanvl Agency: Street: City: State: Telephone Number N/A zip Code; 80235 Zip Code: J 1 - CC: STATE OR -FEDERAL LANDOWNER (if anv\ Agency: N/A Street: City'. State: Zip Code: Telephone Number. I 15. >ane_ _ _llrt of A_mend_ment o Convenbn: If you arc amending or converting an misting operation, provide a brief narrative describing the proposed cl ange(s). N/A MJaandFail Five (5) complete, unbound application packages must be submitted One complete application package consists of a signed application form and the set of maps and exhibits refaenccd 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 five (S) 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(1)(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 O EXHIBIT P EIDMIT 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 to include the location of any recorded easements 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, to include holders of my recorded asdnmts Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined, to include holders of any recorded easements Municipalities Within Two Miles Proof of Mailing of Notices to County Commissioners and Soil Conservation District Proof of Filing with County Clerk or Recorder Permanent Man -Made Struouues 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 1.6.2(I)(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. - 5 - 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. 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; 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 facts; O3. 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; 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. - 7 - 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. To the best of my knowledge, alt significant, valuable and permanent man-made structure(s) in existence at the time this application is filed, and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5-i 15(4)(e), C.R.S.). 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-I 15(4Xf), C.R.S.; 3. As the applicant/operator, I do not have any extraction/exploration operations in the 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.) 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 I misdemeanor pursuant to Section 18-8-503, C.R.S. ILOSigned and dated this day of ' `A Aggregate Industries, West Central Region, Inc. Applicant/Operator or Com an Name Si Title: Uic5/oi≤m State of Ca.t a aa..d County of The fo oin instrumt by L� 7 • fet MICISKAREWSFORACNI123COi1APP 021IY l )es 3 E !edged before this as V -1e 2.000 If Corporation Attest (Seal) Signed: ( }r e'Secretary or Equivalent , Town/City/County Clerk • .. /r. of CttCA ct zb 02000 Notary Public My Commission expires: SIGNATURES MUST BE IN BLUE INK • II\ IN VEIli Attachment"A" Legal Description of the "Affected Land" SE 'a of Section 13, Township 1 North, Range 67 West of the 6th P.M., together with 1 3/8 shares of capital stock of the Fort Lupton Ditch Company. 3 y ° : LI=iii • \ ire V' /( °� er �1 ( ° c em v Fin °wets Lone Puy I \--- .. to ° ° i{ ,• it r• 'R-j1 �� • ti.� \ % / ( c' i \ J `° ° ° J `'I \� 1 Pit t .:.i X Pit c. t 1 i ° e �vr ° • n Rd. 8 o wu ..,— 0 \ U 'h� • Well z J Flume I-3 19 °v •! C sor - �. —\ 4 •III • • 0 �.�_ I rk , •ependen SchC •°We ll ° -. a �Flr. *alt! I�� /` • •• d $ Water Banks & Gesso, LLC 720 Kipling, Suite 117 Lakewood, CO 80215 Exhibit Index M I ndex Map Aggregate West Central Lewis Sand 8 5/8/0 Industries, Region, Inc. & Gravel Mine 9902 Hello