HomeMy WebLinkAbout20073960.tiff STATE OF COLORADO
DIVISION OF RECLAMATION,MINING AND SAFETY Weld Count Planning Department
GREELEY OFFICE
1313 Sherman St.,Room 215
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Denver,Colorado.80203 DEC 0 7 2007 DIVISION OF
F
COLORADO
Phone:(303)866-3567 D
RECLAMATION
FAX:(303)832-8106 MINING
RECEIVE® SAFETY
Bill Ritter,Jr.
Governor
Harris D.Sherman
Notice of 112c Construction Materials Executive Director
Ronald W.Cottony
Reclamation Permit Partial Acreage Release Request Consideration Division Director
Natural Resource Trustee
DATE: November 28,2007
TO: Weld County Commissioners
County Commissioner
• 915 10th St
Greeley, CO 80631 c
FROM: Erica S. Crosby,Environmental Protection Specialist �Tl Dl 6SC
RE: L.G.Everist, Inc.,Ft.Lupton Sand and Gravel Mine,Permit No.M-1999-120
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Please be advised that on November 27, 2007, L.G. Everist, Inc., whose address and telephone number are 7321 E.
88th Ave., Ste 200 , Henderson, CO 80640; (303)286-2247, submitted a request for partial acreage release for the Ft.
Lupton Sand and Gravel Mine, Permit No.M-1999-120. The construction materials extraction operation is located at
• or near Section 30,Township 2N,Range 66W, 6th 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 as soon as possible. The Division is required to wait 30 days after
the release decision is made to allow for comments or objections.
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Office of Office of
RECEIVED
CONSTRUCTION MATERIALS .SEP 2 9 2004
REGULAR(112)OPERATION
RECLAMATION PERMIT APPLICATION FORM ✓Oirision of Mineretsend Geology
•
CHECK ONE:_ _ There is a File Number Already Assigned to this Operation
Permit# M tigfe-i 2 (Please reference the file number currently assigned to this operation)
New Application(Rule 1.4.5) Amendment Application(Rule 1.10) weer
�q
Conversion Application(Rule 1.11)
Permit# M - (provide for Amendments and Conversions of existing permits) { t
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(1) complete signed and notarized ORIGINAL and one (1) copy of the completed
application form,two(2)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 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 informations EVER
below.
e
1. Applicant/operator or company name(name to be used on permitl: �i 6. ER IJT/
1.1 Type of organization(corporation,partnership,etc.): (tttDeATi txu
1.2 I.R.S.Tax 1.D.No.or Social Security Number Lo
—OZZR&O/ /� /
2. Operation name(pit,mine or site name): IC l.1)P(�,n) , otrub ${ l7 tAve1—MUe Y r e •
3. Permitted acreage(new or existing site): B.C.5— permitted acres
3.1 Change in acreage(+) 2./2_ acres
3.2 Total acreage in Permit area 29 7 acres
4. Fees:
4.1 New Application $2,344.00 application fee
4.2 New Quarry Application $2,906.00 quarry application
4.4 Amendment Fee $1,938.00 amendment fee
4.5 Conversion to 112 operation(set by statute) $2,344.00 conversion fee
5. Primary commoditie(s)to be mined: relit I
5.1 Incidental commoditie(s)to be mined: 1. - lbs/fons/vr 2. / Ibs/Tons/yt
3. - / Ibs/Tons/vr 4. / Ibs/Tons/vr 5. / Ibs/Tons/yr
5.2 Anticipated end use of primary commoditie(s)to be mined: Co/1 Air LOW—
Asfre q,{-�
5.3 Anticipated end use of incidental commoditie(s)to be mined: 1160.2.. GL•N tl ('1 p RA'fLLLrrr)CIi
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6. Name of owner of subsurface rights of affected land: P EEFeg— To EY PI/6i T 0
If 2 or more owners,"refer to Exhibit O". D
7. Name of owner of surface of affected land: pa-me (2.Er-tme_ Ztj F,CHi6/r 0
8. Type of mining operation: ](/ Surface Underground
9. Location Information; The center of the area where the majority of mining will occur:
COUNTY: WELD
PRINCIPAL MERIDIAN(check one): 6th(Colorado) IOth(New Mexico) _Ute •
SECTION(write number): S
TOWNSHIP(write number and check direction): T 2 �North _South
RANGE(write number and check direction): R (O(0 East X West
QUARTER SECTION(check one): _NE , NW _SE _SW
QUARTER/QUARTER SECTION(check one): X NE NW _SE _SW
GENERAL DESCRIPTION:(the number of miles and direction from the nearest town and the approximate elevation):
APPCDIUMATety Z Minn Ai-A/w of CITY OF fiLT b/P'Ituu 4PRet)X,*tA'rey y$';y
FcT neve seA
10. Primary Mine Entrance Location(report in either Latitude/Longitude or UTM):
Latitude/Longitude
Latitude(N): deg min 07 sec 00 OR Latitude(N) (5d mal
places)
Longitude(W): deg /05 min sec 151 Longitude(W) (5 decimal places)
Universal Tranverse Mercator(UTMI
UTM Datum(specify NAD27,NAD83 or WGS 84) Zone
Northing
'Easting
11. Primary future(Post-mining)land use(check one):
Cropland(CR) _ Pastureland(PL) _ General Agriculture(GA)
_ Rangeland(RL) _ Forestry(FR) _ Wildlife Habitat(WL)
Residential(RS) _ Recreation(RC) _ Industrial/Commercial(1C)
Developed Water Resources(WR) _ Solid Waste Disposal(WD)
12. Primary present land use(check one):
Cropland(CR) _ Pastureland(PL) _ General Agriculture(GA)
Rangeland(RL) _ Forestry(FR) _ Wildlife Habitat(WL)
_ Residential(RS) _ Recreation(RC) _ Industrial/Commercial(IC)
_ Developed Water Resources(WR)13. Method of Mining: Briefly explain mining method(e.g.truck/shovel): r . W it i k. J
AaiMa0 9kj4�'F✓Q Jr 'i+Nl�Ue t�
)•S�� b �pi}cirattiae�&C rarr5, hA d mIcaulnef� lam; nsi fo -fu lc\ �/m- tact .S
s {b,.-
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14. Correspondence Information:
APPLICANT/OPERATOR (name,address,and phone of name to be used on permit)
Contact's Name: Z. A. Cv ElsT I Title: --PLIES. 1 DE7UT
Company Name: b. EI. EVcpIQ- T, I C.
� /A .
Street/P.O.Box: 7,321 E a & Ave S Ue7,E 2cU P.O.Box:
City: µ8V het°55.'( ) p,,
State: (AL02A*tJ Zip Code: at 6CI()
Telephone Number: j 3 D 3 )- 2&7 ≤/('c�p
Fax Number: ( 3 )- Z8 / -/3510p(
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name: PAUL— F( encl Title: PgI/UGI P,4t_
Company Name: KAY ggSSG US--
Street/P.O.Box: 72-ca IC I P UNf7 ST cTU I TE 117 P.O.Box:
City: LA tL Et. 0
(y
State: Co LOR-A' t Zip Code: AQZIrr
Telephone Number. I , 5 D� )- Z 7�— 92-2 7
Fax Number: f O-c.3 )- 2-714—AA2.
INSPECTION CONTACT '/
Contact's Name: L/ —F/JN MA*C. Tide: ,C�/�C4 uL ATa/1Y ,%g,
/
Company Name: L. C. C IJ&.fb j. /NC- .
Street/P.O.Box: 7321 E Aci J &U I TF 2673 P.O.Box:
City: 1I E1)DSsN
State: Ccru , D p Zip Code: 7o (oa/D
Telephone Number: I Z€(o —2.24/7
Fax Number: f :3 03 )- 28"9- 43 518
IC: STATF.OR FEDFRAI.LANDOWNER(if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: f )-
CC: STATE OR FEDERAL LANDOWNER(if anyl
Agency:
Street:
City:
State: Zip Code:
Telephone Number: f )-
-4-
15. On Site Processing: X Crushing/Screening
13.1 Briefly explain mining method(e.g.truck/shovel): rock) MA1E12t Act— Mu LL. Qe CCLLSket AW1
LZ ME7 OreiotlS S(Sf et=71d MoJI\ 0.9-43i-Ma.
List any designated chemicals or acid-producing materials to be used or stored within permit area: AP0 M TT C.4
16. Description of Amendment or Conversion:
If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s).
4l>>INe1 ZZ- AM.FS tc PEeMgT AAA Zc, .AJc2-ASt M111/NE]
rLe &R-v S AiiN A i..-op AbhrtinidM_. LjAJeb WILT! e &ToP-At ,2* PPUatQS.
Mans and Exhibits:
Two(2)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 1,and the Geotechnical Stability Exhibit. Each exhibit
within the application must be presented as a separate section. Begin each exhibit on anew 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 two(2)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 Legal Description
EXHIBIT B Index Map
EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands
EXHIBIT D Mining Plan
EXHIBIT E Reclamation Plan
EXHIBIT F Reclamation Plan Map
EXHIBIT G Water Information
EXHIBIT H Wildlife Information
EXHIBIT I Soils Information
EXHIBIT Vegetation Information
EXHIBIT K Climate Information
EXHIBIT L Reclamation Costs
EXHIBIT M Other Permits and Licenses
EXHIBIT N Source of Legal Right-To-Enter
EXHIBIT O Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined
EXHIBIT P Municipalities Within Two Miles
EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District
EXHIBIT R Proof of Filing with County Clerk or Recorder
EXHIBIT S - Permanent Man-Made Structures
Rule 1.6.2(I)(b) ADDENDUM 1-Notice Requirements(sample enclosed)
Rule 6.5 Geotechnical Stability Exhibit(any required sections)
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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(l)(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.
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 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 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
vv 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.
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/{ lX/ 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 ofJuly 1,1995,the annual fee is for the period ofJuly 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 the
permittee,to continue to pay your annual fee to the Office until the Board releases you from your total reclamation
responsibility.
S10. 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.
Permit Condition:
A reportable spill is a spill of any toxic or hazardous substance(including spills of petroleum products)within
the
mined 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 Committee,or the State Oil Inspector. The Mine Operator shall
notify the Division of Minerals and Geology(DMG)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 of the
spill to the other appropriate agency. Notice of a reportable spill shall be FAXed to:Minerals Program Supervisor,
Division of Minerals and Geology, FAX(303)832-8106. The FAX shall include a call-back number of a
responsible company official for DMG staff to use as a contact.
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.
CO? •
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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)(t), 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 1 misdemeanor pursuant to Section 18-8-503,C.R.S.
This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,C.R.S.,of the Colorado Land
Reclamation Act for the Extraction of Construction Materials. Any alteration or modification ofthisform shaliresult in voiding any
permit issued on the altered or modified farm and subject the operator to cease and desist orders and civil penalties for operating
without a permit pursuant to section 34-32-123, CRS.Signed and dated this 3 day of (/,, _ t,,,' 02001
Li Wt( T /NC. .
If Corporation.Attest(Seal)
Applicant/ r or Company ame
Signed- _ = Signed:
! _ Corporate Secretary or Equivalent
Title I • Town/City/County Clerk
State of ed8,ea15D
)ss.
County ofl-S
The ff oing instrument was acknowledged heft e me this 3 day of ..._✓r �_:. " jy a ji
by' /a /Ck12t T.�JP/7 r,,
as / of �. :�iti In
J."1. C
it r
r, p;
Notary rt•jC'' ... ��:
FCF COQ!- �W
My Commissi:`'^ . ! o2Q.GCAX,0
RI Cazinister Egg=A4 11
SIGNATURES MUST BE IN BLUE INK
Wndnuhmelvifomistonaovedm IIZdoe(07/28/2004)
04004 Banks and Gesso, LLC •
Exhibit A—Legal Description •
Lot Nos. 1,2,3 and 4, located in the N 'of the NW 'A, and Lot No. 6, located in the SW
'A of the NE V.of Section 30, Township 2 North, Range 66 West, 6th P.M., County of
Weld, State of Colorado;
Also,
Lot No. 3, located in the E A of the NE %of Section 25, Township 2 North, Range 67
West, 6th P.M, County of Weld, State of Colorado;
All platted as The Lupton Meadows Land Co. Division No: 3, showing Subdivisions of
Sections 2425-19 &30 of Township 2 North, Ranges 66 and 67 West, Weld County,
Colorado.
Identified by Weld County Assessor's Office, as of September 3, 2004, as:
Parce No. 131125002002, owned by Gary L. and Gloria Swingle;
Parse No. 130930000075, owned by Randall Panowicz;
Farce No. 130930000076, owned by Kevin E. and Rebecca L. Parker;
Parce No. 130930000073, owned by Comer and Julane M. Hill Living Trust;
Parce No. 130930000074, owned by Gomer and Julane M. Hill Living Trust;
Farce No. 130930000070, owned by Judy Oakely;
Parce No. 130930000002, owned by Steven Eber and Suzan Folletz;
Parce No. 130930000068, owned by I.L./ R.M. Golden Properties, LLC; and
Parce No. 130930000051, owned by I,L. /R.M. Golden Properties, LLC.
Fort Lupton Sand and Gravel Mine—L.G.Evedst,Inc. September 20,2004
Amendment to Permit No M-1999.120 Page 3
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