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Home My WebLink About20091274.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 110 Construction Materials Reclamation Permit Application Consideration DATE: May 20, 2009 TO: Weld County Commissioners County Commissioner 915 10th St Greeley, CO 80631 ) j /(11 s FROM: Eric C. Scott, Environmental Protection Specialist RE: Fiore & Sons, Inc., 8th & Balsam Borrow Area, File No. M-2009-039 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 20, 2009, Fiore & Sons, Inc., whose address and telephone number are 730 West 62nd Ave. , Denver, CO 80216; (303) 429-8893, filed an application to conduct Surface extraction of construction materials and reclamation, at or near Section 4, Township 5N, Range 65W, 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 June 19, 2009. A copy of the application is available for review, unless you receive a CD, 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 of the mine plan and/or the reclamation plan, they must be submitted within ten (10) days of the date of the 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. } 0 ( 1 c L/1 ci Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines 2009-1274 hui- 7o09 -e039 STATE 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) 8328106 RECEIVED MAY 0 8 2009 Division ot fteciainatiO t, Mining and Sight CONSTRUCTION MATERIALS LIMITED IMPACT (110) OPERATION RECLAMATION PERMIT APPLICATION FORM COLORADO D l v I S I O N OF RECLAMATION MINING — SAE ETY Bill Ritter, Jr. Governot Harris D. Sherman Executive Director Ronald W. Canny Division Director CHECK ONE: There is a File Number Already Assigned to this Operation Natural Resource Trustee Permit ii M - - - (Please reference the file number currently assigned to this operation) New Application (Rule 1.4.5) - Amendment Application (Rule 1.10) Conversion Application (Rule 1.11) Permit 8 M - - - (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Limited Impact (110) Operation Reclamation Permit contains three major parts: (1) the application form; (2) Exhibits A -J, Exhibit L, Addendum 1, any sections of Exhibit 6.5 and Geotechnical Stability Exhibit, as required by the Office, and outlined in Rules 6.1, 6.2, 6.3, 6.5, and I.6.2(I)(b); 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 -I, Exhibit L, Addendum 1, and appropriate sections of 6.5 (Geotechnical Stability Exhibit), as required, and a check for the application fee described under (4) below. Exhibits should NOT be bound or in a 3 -ring binder; maps should be folded to 8 1/2" X 11" 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 described below. I. Applicant/operator or company name (name to be used on permit): Fiore & Sons, Inc. 1.1 Type of organization (corporation, partnership, etc.): Corporation - 2. Operation name (pit, mine or site name): 8th Sr Balsam Borrow Area 3. Permitted acreage (new or existing site): 9.99 permitted acres 3.1 Change in acreage (4') 3.2 Total Acreage in Permit Area 9 .99 acres 4. Fees: 4.1 New Application: $1,258.00 application fee Amendment Fee (C.R.S. 34-32.5-125(11)): *M0W application fee 4,2 Conversion Fee (from 110d to 110 31,258.00 conversion fee (Rule 1.1 1.2(2)) 5. Primary comnmditie(s) to be mined: Borrow material 5.1 Incidental commodities) to be mined: I. _._ / lbs/Tons/yr 2. / lbsifpLhsj 3. / Ibs/ fons/yr 4. / Ibs/I'ons/yr 5. / Ibsrfoas/y_r 5.2 Anticipated end use of primary commodities) to be mined: backfill material Anticipated end use of incidental comnlnditie(s) to be mined. Mined Land Reclamation Office of Office at Denver • Grand Junction • Durango Active and Inactive Mines -2- 11. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: Michael E. Fiore - Title: President Company Name: Fiore & Sons, Inc. Street/P.O. Box: 730 West 62nd Ave. P.O. Box: City: Denver State: Colorado Zip Code: 80216 Telephone Number: ( 303 1- 429-8893 Fax Number: L 303 1- 429-3035 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Stevan L O'Brian (Steve) Title: President Company Name: Environment, Inc. Street/P.O. Box: 7985 Vance Dr., #205A P.O. Box: City: Arvada State: CO Zip Code: 80003 Telephone Number: ( 303 1- 423-7297 Fax Number: ( 303 1.423-7599 INSPECTION CONTACT Contact's Name: Title: President Company Name: Fiore & Sons, Inc. Street/P.O. Box: 730 West 62nd Ave. P.O. Box: City: Denver State: Colorado _ Zip Code: X0216 Telephone Number: ( 303 1- 429-8893 Fax Number: ( 303 1. 429-3035 CC: STATE OR FEDERAL LANDOWNER (ifanyl Agency: Street: City: __. _...__..—._..._...__.._..._____.. State: Telephone Number: STATE OR FEDERAL LANDOWNER. (if anyl Agency: Street: City: Zip Code: State: _ _ •_ _ __ _ Zip Code: Telephone Number:--- --.___ _? 7. Name of owner of the subsurface rights of affected land: Richardson Consolidated, Inc 8. Name of owner of the surface of affected land: Richardson Consolidated, Inc 9. Type of mining operation: _14,_ Surface Underground In -situ W. Location information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN (check one): SOL 6th (Colorado) _ 10th (New Mexico) _ Ute SECTION (write number): S 4 TOWNSHIP (write number and check direction): T 5 _ __A,___, North South RANGE (write number and check direction): R 6 5 East _4,_ West QUARTER SECTION (check one): NE NW SE 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): 11. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude (N): Longitude (W): OR Example: (N) (W) deg 40 deg 104 39.73691° -104.98449° min 25 sec 36 ,00 (2 decimal places) min 40 sec 1. 95 (2 decimal places) Latitude (N) - Longitude(W) OR Universal TranvcrseMercator LLIN) Example: 201336.3 E NAD27 Zone 13 4398351.2 N (5 decimal places) (5 decimal places) UTM Datum (specify NAD27, NAD83 or WGS 84) WSG 84Zone Easting Northing 12. Primary future (Post -mining) land use (check one): _ Cropland(CR) Rangeland(RL) _ Residential(RS) Developed Water Resources(WR) 13. Primary present land use (check one): _ Cropland(CR) _ Rangeland(RL) Residential(RS) _ Developed Water Resources (WR) — Pastureland(PL) _ Forestry(FR) Recreation(RC) _ Pastureland(PL) Forestry(FR) Recreation(RC) General Agriculture(GA) Wildlife Habitat(Wl.) AL, Industrial/Commercial0C) Solid Waste Disposal(WD) _ General Agriculture(GA) Wildlife Habitat(WL) IndustrialJCommercial(IC) _ Mining (MN) 14. If this operation will use designated chemicals, or will result, or presently has acid mine drainage - you cannot use this application form. You must submit either a I led or 112d application form for Designated Mining Operations. In either case, you must list any acidic or toxic -forming materials, exposed or disturbed as a result of the mining operation, and whether the operation will result in or presently has acid mine drainage: 15. Description of Amendment or Conversion: If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s): Maps & Exhibits: Submit two (2) complete, unbound copies of the following application exhibits: 6.3.1 EXHIBIT A - Legal Description and Location Map 6.3.2 EXHIBIT B - Site Description 6.3.3 EXHIBIT C - Mining Plan 6.3.4 EXHIBIT D - Reclamation Plan 6.3.5 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 - Source of Legal Right -to -Enter 6.3.8 EXHIBIT H - Municipalities Within a Two-mile Radius 6.3.9 EXHIBIT 1- Proof of Filing with County Clerk 6.3.10 EXHIBIT J - Proof of Mailing Notices of Permit Application 6.3.12 EXHIBIT L - Permanent Man -Made Structures I.6.2(1)(b) ADDENDUM I - Notice Requirements (sample enclosed) 6.5 Geotechnical Stability Exhibit (as required) #tesoonstb$lltles as a ?erudite?: 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 petmittee, should fblly understand. These requitemente are listed below. Please read and initial each reouirement, 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. 't4 41O 44 - NA 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 permittee violated the terns 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 front 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 markedby monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance; 8. It is aprovision 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 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, Faibrre 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 pennittec: the signing representative is authorized to sign when document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. 41- A reportable spill is a spill of any toxic or hazardous substance (including spills of petroleum products) within the tinned 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 Consignee, 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 ofthe 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) 832.8106. The FAX shall include a call-back number of aresponsible comanyofficialfor DRMS staff to use as a contact NOTE TO COMMENTORSJOBJECTORS: It is Irlrely 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 review and decision or appeals process, you may contact the Office at (303) 866-3567. Certification: As an authorized representative of the applicant,' 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 34-32.5-110(1 xa)( VIII). 2. To the best of my knowledge, all 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 34-32.5-1 15(4)(e), C.R.S.). (NOTE: For 110 operations, the affected area includes all lands delineated by the permit boundary.) 3. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4x1), C.R.S.). 4. As the applicant/operator, I do not have any mining/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.). 5. I understand that statements in the application are being made under penalty ofperjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. 1984. This form has been approved by the Mined Land Reclamation Board parsaantto section 34-32.5-I10,C.R.S, oftiteColorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modiJicotion 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 34-315-123, C.R.S Signed and dated this 1 1- day of Z wt., g .. Fiore & Sons, Inc. Applicant/Opemtor Signed: Title: President State of Colorado ) ss. County of Denver Theforegoinginstrument was acknowledged beforeme4is 74k_ day of I t(k l,? by M.In.kkao 1 L tioR as • fit...: of If Corporation Attest (Seat) - - SignedQ4 -C C • — j Corporate Secretary or Equivalent Town/City/County Clerk otary Public My Commission expires:. SIGNATURES MUST BE IN BLUE INK LEGAL DESCRIPTION EXHIBIT A AN AREA OF LAND LOCATED IN THE PARTS OF THE NW'/, SE'A OF SECTION 4, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE 6th P.M., WELD COUNTY, COLORADO, CONTAINING 9.99 ACRES ±. 1 • 4655 f, 1 F', • . Y Magneti.- : ? c;lindtlon 9 C3'E Name: GREELEY Date: 5/5/2009 Scale: 1 inch equals 2000 feet i :i're S -So s 'r :. - Sib & Balsam Borrow Area Map Exhibit A -1 - Vicinity Map Poni of the NVWLIS!1,14 Sec 4, 1--5-N. R•fi5-W, 6th P M..'W.&W Cputtly GOSornd7. 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