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HomeMy WebLinkAbout20092055.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 1 l Construction Materials Reclamation Permit Release Request Consideration DATE: August 5, 2009 TO: Weld County Commissioners County Commissioner 915 10th St Greeley, CO 80631 l / 11 FROM: Eric C. Scott, Environmental Protection Specialist RE: Weld County, Harmony Farms Pit, Permit No. M-2000-150 COLORADO DIVISION OF RECLAMATION MINING — &— SAF ETY Bill Ritter, Jr. Governor Harris D. Sherman Executive Director Ronald W. Cattany Division Director Natural Resource Trustee Please be advised that on July 22, 2009, Weld County, whose address and telephone number are 1 111 H St. P.O. Box 758, Greeley, CO 80632; (970) 356-4000, submitted a request for full reclamation responsibility release for the Harmony Farms Pit. Permit No. M-2000-150. The construction materials extraction operation is located at or near Section 31, Township 7N, 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. - tI( LI) / 43 -IL) C;S11 O7 Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines ,�� 2009-2055 y11- a.s-0-5 - ► s c • 4-1F31.00 2orp$-1ar7 GTATC OF COLORADO DIVISION OF MINERALS AND GEOLOGY 111 I II I II9 II IIII III rfriarrei DEPARTMENT OF NATURAL RESOURCES Department of Natural Resources 1313 Sherman St., Room 215 Denver. Colorado 80203 Phone -13031 9663567 FAX: 13031 8 3 2-8) 06 RECEIVED DEC 0 1 2000 Division of Minerals and Geology CONSTRUCTION MATERIALS SPECIAL 111 OPERATION RECLAMATION PERMIT APPLICATION FORM Roy Romer Governor lames S. Lochhead Executive Director Michael 6. Long Drvrsion Director The application for a cperial 117 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, and 6.5, (3) the application fee, and (4) the Performance Warranty and if required a Financial warranty. When you submit your application, be sure to include one (1) complete signed and notarized IVORY ORIGINAL and one (1) copy of the completed ivory application form, two (2) copies of Exhibits A -L, 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 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 the information requested below. 1. Applicant/operator or company name (name to be used on permit): Weld County Public Works 1.1 Type of organization (corporation, partnership, etc.): Rnvarnment 1.2 I.R.S. Tax ID No. or Social Security Number: 846000813 2. Operation name (pit, mine or site name): Harmony Farms Pit 3. Permitted acreage: 15- permitted acres 4. New Application New Fee as of 7/1/00 5731.00 arS� DJ application fee 5. Primary commoditie(s) to be mined: Flirt 6. Name of owner to the subsurface rights of affected land: Harmony Farms LLC 7. Name of owner to the surface of affected land: Harmony Farms LLC a. Names of the holders of any recorded easements on the affected land: N/A 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): 1_ 6th (Colorado) __loth (New Mexico) __Ute SECTION (write number): S 31. - TOWNSHIP (write number and check direction): T 7 X North _ South RANGE (write number and check direction): R 67 _ East I_ West QUARTER SECTION (check one): __NE __NW J_ SE _ SW QUARTER/QUARTER SECTION (check one): __NE __NW ,t SE _ SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): 1 miles north of Windsor on SH 257. then 1 1/8 mile west on WCR 74. Approximate elevation 4915' 10. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name:p Company Name: Street: City: State: Telephone Number: Fax Number: StPVP OntiPnnp WP1d County Public Works. 1111 N Straat Gragl ey CO Title: pprilmap Zip Code: (970 - 356 4000 cxt 3750 ( 970 ) - 304-6497 80632 PERMITTING CONTACT ;if different from applicant/Operator above) Contact's Name:A Orng Nalcou Company Name:"I Weld County Public Works street: 1111 H Street City: Greeley State: CO Title: Snpprvicnr Zip Code: $(1[x'22 Telephone Number: (970 ) - 356-40on Pxt 47cQ Fax Number: (970 ) - "IQd-Fdq_j INSPECTION CONTACT '""l. Contact's Name: Title: Company Name: Street: City: State: Zip Code: Telephone Number: ( ) - Fax Number: ( ) - CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Telephone Number: ( 1 - CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Telephone Number: ( ) - -3- 11. Primary future (Post -mining) land use, check one: Cropland(CR) _L Rangeland(RL) _ Residential(RS) _ Pastureland(PL) Forestry(FR) Recreation(RC) Developed Water Resources(WR) 12. Primary present land use, check one: Cropland(CR) J _ Rangeland(RL) Residential(RS) Pastureland (PL) Forestry(FR) Recreation(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) _ Mining(MN) 13. Estimated beginning date of contract: 13.1 Estimated completion date of contract: 14. Maps & Exhibits; Submit two 6.3.1 6.3.2 6.3.3 6.3.4 6.3.5 6.3.6 6.3.7 6.3.8 6.3.9 6.3.10 6.3.11 6.3.12 1.6.2(1) (b) 6.5 August 20, 2000 October 20, 2000 (2) complete, unbound copies of the following application exhibits: 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, to include holders of any recorded easements EXHIBIT H - Municipalities Within a Two-mile Radius EXHIBIT I - Proof of Filing with County Clerk EXHIBIT J - Proof of Mailing Notices of Permit Application EXHIBIT K - Terms of Governmental Contract EXHIBIT L - Permanent Man -Made Structures ADDENDUM 1 - Notice Requirements (sample enclosed) 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. 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 terms or conditions of this permit, the Act, the Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; t�r� 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 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; [AIL thr 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 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, the percentage or stage of the contract which has been completed, and the date the contract is to terminate, is 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 permittee, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. 10. For -joint venture/partnership permittee: the signing representative is authorized to sign this document when a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. NOTE TO COMEENTORS/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. All necessary approvals from local government have been applied for (Section 34-32.5-111(2)(c) (ix), C.R.S.; 2. This entire mining operation will not affect more than 30 acres; 3. 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 for a permit, (Section 34-32.5-115(4)(e), C.R.S.). (NOTE: For 110 operations, the affected area includes all lands delineated by the permit boundary.) 4. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32-115(4)(f), C.R.S.); 5. 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. 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 22nd day of November Weld County Board of Commissioners Applicant/Operator n L /' Signed: ;-Liu. �.. Title: Chair, Chair, Barbara J. Kirkmeeyr State of Colorado County of Weld ss If Corporation Attest Signed: EIOXIMXAMCCR Deputy Clerk to the Board The foregoing instrument was acknowledged before me this 22nd day of by Barbara J. Kirkmeyer as 01/27/97 2822PCO.111 Chair o ^r'onerr UECHLER Notary Publi My Commission expires: Nit ._ E. trAwi/ IO 2004 SIGNATURES MUST BE IN SLUE INR • EXHIBIT H MUNICIPALITIES WITHIN TWO-MILE RADIUS The municipalities within two miles are the towns of Windsor and Timnath. N, N 0002 'L '1d3S :31tl4 dV1V ALINIJIA'S 9h10 111931 7 / _ D'D r d'VN Al NJIP Hello