HomeMy WebLinkAbout20092054.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
FROM: Eric C. Scott, Environmental Protection Specialist
RE:
Weld County, Fiscus Pit, Permit No. M-1999-115
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 I l l 1 H St. P.O. Box
758, Greeley, CO 80632; (970) 356-4000. submitted a request for full reclamation responsibility release for the
Fiscus Pit, Permit No. M-1999-115. The construction materials extraction operation is located at or near Section 7.
Township ION, Range 57W. 06th Prime Meridian, in Weld County.
Written comments or objections to the release may he 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.
2009-2054
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Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines
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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department ul Natural Resources
131 I Sherman S. Room 215
Denver, Colorado H0203
Phone. 1301) 866-35117
FAX: 1.1011 0322-8106
CONSTRUCTION MATERIALS
REGULAR (112) OPERATION
RECLAMATION PERMIT APPLICATION FORM
CHECK ONE: { New Application (Rule 1.4.5)
_Conversion Application (Rule 1.11)
Permit d
M -A9-III
DIVISION O F
MINERALS:
GEOLOGY
RECLAMATION
MI NI NG•SA F ETYI
Bill Owens
Governor
Greg E. Walther
F,ecu6ve D,reclo,
chael B. tong
Amendment Annliration (Rule i I0wi.�un D,recmr
(provide for Amendments and Conversions of existing permits)
The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (1) 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 (I) complete sinned and notarized IVORY ORIGINAL and four (4) copies of the completed Ivory
application form, five (5) copies of Exhibits A -S, Addendum 1, appropriate sections of 6.5 (Geotechnical 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 1/2" X II" 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 requested below.
I. AunlicanUoperator or company name (name to be used on permit):
I .I Type of organization (corporation, partnership, etc.): Me n d e 7 - T r. -
1.2 I.R.S. Tax I.D. No. or Social Security Number: !I4-1258525
2. Operation name (nit, mine or site namel: Fiscus Pit
3. Permitted acreage (new or existinesite):
3.1 Change in acreage (+)
3.2 Total acreage in Permit area
4. Fees:
4.1
4.2
4.3
4.4
4.5
New Application
New Quarry Application
Milling Application (Non-DMO)
Amendment Fee
Conversion to 112 operation (set by statute)
5. Primary commoditie(s) to be mined: Gravel
5.1 Incidental commoditie(s) to be mined: 1.
Ibs/fons/vr 4.
2 0 permitted acres
0 acres
2 Q acres
$1,875.00 application fee
52.325.00 quarry application
$3,100.00 milling application
$1,550.00 amendment fee
$1,875.00 conversion fee
lbs/Tons/yr 2. /
/ lbslfons/vr 5. /
5.2 Anticipated end use of primary commoditie(s) to be mined:
Road Base
Ibs/Tons/yr
Ibs/ions/vr
5.3 Anticipated end use of incidental commoditie(s) to be mined: N/A
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6. Name of owner ofsubsurfacerights ofaffected land. Jack & Shirley Fiscus
If 2 or more owners. "refer to Exhibit O".
7. (Name of owner of surface of affected land:
Jack & Shirley Fiscus
7.1 Names of the holders of any recorded easements on the affected land:
8. Type of mining operation: X Surface Underground
9. Location Information: The center of the area where the majority of mining will occur:
COUNTY: Weld
PRINCIPAL IvfERIDIAN (check one):
SECTION (write number):
TOWNSHIP (write number and check direction): T
RANGE (write number and check direction): R S 7
6th (Colorado) _ 10th (New Mexico)
S 7
10
X North South
East West
Ute
QUARTER SECTION (check one): NE NW X SE X 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):
1/4 mile west of Stoneham north 17 miles then 6 miles west 5000
feet
10. Primary future (Post -mining) land use (check one):
_ Cropland(CR)
X Rangeland(RL)
_ Residential(RS)
Pasnueland(PL)
_ Forestay(FR)
_ Recreation(RC)
_ Developed WaterResoarves(WR)
11. Primate present land use (check one):
_ Cropland(CR)
X Rangeland(RL)
Residential(RS)
Pastureland(PL)
Forestry(FR)
_ Recreatioo(RC)
Developed Water Resources(WR)
_ General Agriculture(GA)
_ Wildlife Habitat(WL)
Industrial/Commercial(IC)
Solid Waste Disposal(WD)
General Agriculture(GA)
_ Wildlife Habitat(WL)
_ Industrial/Commercial(IC)
12. Method of Mining: Briefly explain mining method (e.g. truck/shovel)
Strip Mine Truck & Excavator
13. On Site Processing: X Crushing/Screening
13.1 Briefly explain mining method (e.g. truck/shovel): close circuit screening and crushing
diesel powered plant
List any designated chemicals or acid -producing materials to be used or stored within permit area: none
14. Correspondence Information:
APPLICANT/OPERATOR (name. address. and phone of nametobe used ony remit)
Contact's Name: Gary Muller }1-}x,+. \\Y.'"4".51 Title: Consultant
Company Name: Mendez, Inc.
Street: 524 30 Road Suite 2
City: Grand Junction
State: Colorado Zip Code: 81504
Telephone Number: f 970 1- 523-7510
Fax Number: f 970 1. 523-7508
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name: same Title:
Company Name:
Street:
City:
Slate: Zip Code:
Telephone Number f 1 -
Fax Number: ( 1-
INSPFCT[ON CONTACT
Contact's Name: Gary Muller Title:
Company Name: Mendez Inc.
Street: same
City:
State: Zip Code:
Telephone Number: L 1 -
Fax Number: f 1 -
CC: STATE OR FEDERAL LANDOWNER ( if any)
Agency:
Street:
City:
State:
Telephone Number:
N/A
Zip Code:
1 -
CC: STATE OR FEDERAL LANDOWNER fit' any)
Agency:
Street:
City:
State:
N/A
Zip Code:
Telephone Number: j 1-
•
15. Description of Amendment or Conversion:
If you are amending or convening an existing operation, provide a brief narrative describing the proposed change(s)_
N/A
Maps and Exhibits:
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 referenced below as Exhibits A -S, Addendum I, and the Geotechnical Stability Exhibit. Each
Kb a Sepi
:rL..c^ We_ -_h c ..-L.b:u tillh..cid .... b^ .�.
.'-"w ... ., appu..ation moat w pt ci.:ut J u sic JCWtflI. ucr,au we...y poge...g�� a c .., ...
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 (5) 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 I.6.2(I)(b):
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT F
EXHIBIT F
EXHIBIT G
EXHIBIT H
EXHIBIT I
EXHIBIT I
EXHIBIT K
EXHIBIT L
EXHIBIT M
EXHIBIT N
EXHIBIT O
EXHIBIT P
EXHIBIT Q
EXHIBIT R
EXHIBIT S
Rule l.6.2(l)(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 Righl-To-Ealer, to include holders of any recorded easements
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 Strictures
ADDENDUM I - Notice Requirements (sample enclosed)
Geotechnical Stability Exhibit (any required sections)
The instructions for preparing Exhibits A -S, Addendum I. and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and
Rule I.6.2(1)(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.
- s -
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 eventyoor permit is revoked and financial warranty is
forfeited;
is 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;
.iiM 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;
It 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;
1%15
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.
,A 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.
- 6 -
IN 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 Construction Material
Rules and Regulations in effect at the time the permit is issued.
,n 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 I, 1995, the annual
fee is for the period of July I, 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 the permittee, to continue to pay your annual fee to the
Office until the Board releases you front your total reclamation responsibility.
3)113 10. For joint venture/partnership operators: the signing representative is authorized to sign this document
and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is
attached to this application.
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 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's review and decision or appeals
process, you may contact the Office at (303) 866-3567.
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:
1. 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 34-32.5-115(4)(e), C.R.S.).
2. No mining operation will be located on lands where such operations are prohibited by law (Section
34-32.5-115(4)(f), C.R.S.;
3. As the applicant/operator, i do not have extraction/ex lor-ation operations in the State of Colorado currently in
any P
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.
Signed and dated this 71-1-' day of Neeev-ilc.c,e , \g°1O‘
'1 ets ok e % T .q If Corporation Attest (Seal)
Applicant/Operator or Company Name
Signed: --1j1-k.�,k.
Title: �tcc�ole.}
State of Q rA0 is, n
) ss
County of -itetack
Signed: Media.if 4CnGf'
Corporate Secretary or Equivalent
Town/City/County Clerk
The foregoing instrument was ac owledged be re me this 7 -14'day of 7 ec. e w,c. r l ct "t `l
by nlem f ' Z— as Prey//.T.�IZTLof /l%Ql/'1f � (/t 7)e
`i?thtz e (-1)%, u'a,
Notary Public
My Commission expires: %/096/(200)
SIGNATURES MUST BE IN BLUE INK
M'MIMSHAREwSFORMsv82JOO12APP 02/1099
6.4.1 Exhibit A - Legal Description
The following items are referenced from the Construction Material Rules and Regulations of the
Colorado Mined Land Reclamation Board Rule 6 Section 6.4.1 Exhibit A - Legal Description.
Legal Description Fiscus Pit
Part of the Southwest 1/4 of Section 7.
Township 10 North
Range 57 West of the 6th Prime Meridian.
Weld County Colorado
Land Owner
Jack and Shirley Fiscus
66410 Weld County Road 120
New Raymer, Colorado 80742
Mcndez tat Exhibit A
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