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Home My WebLink About20091198.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 111 Construction Materials Reclamation Permit Release Request Consideration DATE: May 11, 2009 TO: Weld County Commissioners County Commissioner 915 10th St Greeley, CO 80631 PcV FROM: Michael A. Cunningham, Environmental Protection Specialist RE: Ames Construction, Inc., Borrow Area B - Equus, Permit No. M-2000-011 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 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 B - Equus, Permit No. M-2000-011. The construction materials extraction operation is located at or near Section 24, Township 4N, Range 62W, 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. ( � IO I, I C // is erin cid 0c1,27 (c cy (vi , , tit) Office of 2009-1198 Mined Land Reclamation Denver • Grand Junction • Durango IllilllllllllllW • • (gas 999 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Depanment of Natural Resources 1313 Sherman S1., Room 215 Denver, Colorado 60203 Phone: 13031866-356: FAX: 13031832-8(06 CONSTRUCTION MATERIALS SPECIAL (I 1 I) OPERATION ite cot to, ..0 RECLAMATION PERMIT APPLICATION FORM o ICISI oN u1 MINERALS —d_ GEOLOGY aICLan MTMON MIN. NC -S Act TT Bill Owens Governor Greg E Watcher Execuuve Director mlchael 8 Long Director The application fora Construction Materials Special III Operation Reclamation Permit contains four major parts: (I) 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 I.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 IVORY ORIGINAL and one (I) copy of the completed IVORY 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 N T be bound or in 3 -ring binders; maps should be folded to 8 'A" X 11" or 8 W' 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.apM . OLI I. Applicant/operator or company name (name to be used on the permit): Ames Construction, Inc. 1.1 Type of organization (corporation, partnership, etc.): Corporation 1.2 I.R.S. Tax ID No. or Social Security Number: 41—0871375 2. Operation name (pit, mine or site name): 3. permitted acreage• 4. New Application: 5. Primary eommoditie(s) to be mined: Common Dirt 6. Name of owner to the surface of affected land: Equus Farms 6.1 Names of the holders of any recorded easements on the affected land: None 7. Name of owner to the subsurface rights of affected land: Equus Farms 8. Type of mining operation: X Surface _ Underground _ In -situ 9. Location information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN (check one): X 6th (Colorado) _ 10th (New Mexico) _ Ute SECTION (write number): S 24 TOWNSHIP (write number and check direction): T 4 LC North South RANGE (write number and check direction): R 62 _ East JL West QUARTER SECTION (check one): NE _ NW _ SE X SW QUARTER/QUARTER SECTION (check one): NE X NW _SE _SW GENERAL DESCRIPTION: (miles and direction from neatest town and the approximate elevation) Is } mile West on Hwy 34 and adjacent to the Northside Row. Approximate Elevation 4500 ft. Borrow Area B - Equus 30 Permitted Acres $625.00 Application Fee g 11142.4 -{'O La r S.4 -es 10. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: Nathan Mullinax Title: Project Eng. Company Name: Ames Construction, Inc. Street: 18450 East 28th Avenue City: Auroa State: Colorado Zip Code: anfil Telephone Number: ( 303 1. 363-1000 Fax Number: 303-363-4101 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Same as above Title: Company Name: Street: City: State: Zip Code: Telephone Number: ( 1 - Fax Number: INSPECTION CONTACT Contact's Name: Same as above Title: Company Name: Street: City: State: Zip Code: Telephone Number: ( 1 - Fax Number: CC: STATE OR FEDERAL LANDOWNER (if anvl N/A Agency: Street: City: State: Zip Code: Telephone Number: ( 1 - CC: STATE OR FEDERAL LANDOWNER (if anv) Agency: N/A Street: City: State: Zip Code: Telephone Number: ( 1- I I. Primary Future (Post -mining) Land Use (check only one): Cropland(CR) X_ Rangeland(RL) _ Residentiai(RS) Pastureland(PL) _ Forestry(FR) Recreation(RC) Developed Water Resources(WR) 12. Primary Present Land Use (check only one)( �- Cropland(CR) — Pa<hyMland(PL . Rangeland(RL) Forestry(FR) Residential(RS) _ Recreation(RC) _ Developed Water Resources(WR) 13. Estimatedjegionina Date of Contract: General Agriculture(GA) _ Wildlife Habitat(WL) _ Industrial/Commercial0C) Solid Waste Disposal(WD) _ General Agriculture(GA) _ Wildlife Habitat(WL) Induslrial/Commercial(IC) _ Mining(MN) 15 13.1 Estimated completion date of contract: 01-01-01 14. Mans & Exhibits: Submit two (2) complete, unbound copies of the following application exhibits: 63.1 EXHIBIT A - Legal Desorption and Location Map 6.3.2 EXHIBIT B - Site Description 63.3 EXHIBIT C - Mining Plan 6.3.4 EXHIBIT D - Reclamation Plan 63.5 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 - Son of Legal Right -to -Ea 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 ! - Proof of Mailing Notices of Permit Application 6.3.11 EXHIBIT K - Terms of Governmental Contact 6.3.12 EXHIBIT L - Permanent Man-made Structures I.6.2(1)(b) ADDENDUM 1 - 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 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. 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 pemmttee 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 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 (5350), 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 oft 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 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. • by 4/7 2822F.wpr (02/10)99) Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requiten,cuts of the following terms and conditions: I . All necessary approvals from local government have been applied for (Rule 1.6.20) and (2))/ 7, This entire mining operation will not affect more than 30 acres; 3. This mining operation will not adversely affect the stability of any signifi t, valuable and permanent man-made structures) located within two hundred (200) feet of the aff lands. (However, where there is an agreement between the applicant/operator and the persons having merest in the structure that damage to the structure is to be compensated for by the applicant/operato,(Section 34-32.1 I5(4Xd), C.R.S. 1984, as as a "dcd) that mining '-'within 200 fee. Proof of a^ must be submitted n u.o... � w u� --cement 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 15(4Xf), C.R.S. 1984, as amended); 5. As the applicant/opaator, I do not have any mining/prospecting operations in this state of Colorado currently in violation of the provisions ofthe Mined Land Reclamation Act (Section 34-32-120, C.R.S. 1984, as amended) as determined through a Board finding. 6. 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. Signed and dated this 7 day of /'(.,a'.7/ /999 . ✓rte'/ Applicant/Operator ..Nar•E A Title: State of 1' County of ) ss. Rtat If Corporation Attest (Seal) By: Corporate Secretary or Equivalent Town/City/Carty Clerk The foregoing instrument was acknowledged before me this Z 7 eg day of as 1 \ UI/.A do.'. 1444 9 .c1 of 929 My Commission expires:1. /i8/ci , The following is a sample of the Notice required for Rule 1.6.2(1 Xb) that you may wish to use. You mast post a notice at the proposed access to the site. NOTICE This site is the location of a proposed construction materials operation. (Name of the Applicant/Operator) Ames Construction, Inc. whose address and phone number is (Address and Phone Number of the Applicant/Operator) 18450 E:28th :Akre ; Aurora CO 80011 301/3b3 —, has applied for a Special 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 Office, (Clerk orReocder'sOffice Address)1402 N 17th Ave, Greeley CO and should send comments prior to the end ofthe public comment period to the Division of Minerals and Geology, 1313 Sherman St., Room 215, Denver, Colorado 80203. Certification: 1, (Name of the Applicant/Operator) Nathan Mullinax Hereby certify that I posted a sign containing the above notice for the proposed permit area known as the (Name of Operation) Borrow Area B — Equus. on (Date Posted) /1/77/5 F SIGNATURE DATE 1 I I NOt7CE 02110/99 • Applicant: Ames Construction, Inc. Name of Site: Barrow Area B- Equus Date Prepared: 12/27/99 EXHIBIT 'A' - LEGAL DESCRIPTION AND LOCATION MAP (I) The legal description of the site is as follows. Section: SE24 Township: T4 South Range: R62 West Quarter Section: Southwest Quarter/Quarter Section: Northwest (2) The street address and lot number do not apply. The field is located on the northwest of the intersection of State Highway 34 and Bijou Canal nearest Deerfield in Orchard, Colorado. Hello