HomeMy WebLinkAbout20063214.tiff RESOLUTION
RE: APPROVE CONSTRUCTION MATERIALS REGULAR (112) OPERATION
RECLAMATION PERMIT APPLICATION AND AUTHORIZE CHAIR TO SIGN
WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with a Construction Materials Regular (112)
Operation Reclamation Permit Application from the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County,on behalf of the Department of Public
Works, to the Colorado Department of Natural Resources, Division of Reclamation, Mining, and
Safety, with terms and conditions being as stated in said application, and
WHEREAS,a hearing before the Board was held on the 18th day of October,2006,at which
time the Board deemed it advisable to continue said matter to November 15,2006,at9:00 a.m.,and
then to November 22, 2006, at 9:00 a.m., and
WHEREAS, at said hearing on November 22, 2006, after review, the Board deems it
advisable to approve said application, a copy of which is attached hereto and incorporated herein
by reference.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Construction Materials Regular(112) Operation Reclamation Permit
Application from the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, to the Colorado
Department of Natural Resources, Division of Reclamation, Mining,and Safety,be,and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said application.
2006-3214
EG0054
e : -)CL) (1,4-1 -‘11'
CONSTRUCTION MATERIALS SPECIAL 111 OPERATION RECLAMATION PERMIT
APPLICATION AND PERFORMANCE WARRANTY
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 22nd day of November, A.D., 2006.
BOARD OF COUNTY COMMISSIONERS
WELD COUN , COLORADO
ATTEST: 111.411 '� �i�6�-
"'�. ��M. J. eile, Chair
Weld County Clerk to th BoirA
David E. Long, Pro-Tem
rju
BY:
De'u Cler o the coard �~' `� 1✓�. u
W 'am H. Jerke 1 A n
APP V AS TO F i f _ 6'�rV r
• Robert D. Masden
ounty Attorney EXCUSED
Glenn Vaad
DATE OF SIGNATURE: 12I5/{D(4
2006-3214
EG0054
•
STATE of COLOIADQ
DIVISION OF RECLAMATION,MINING AND SAFETY
Department of Natural Resources
1313 Sherman St..Room 215
Denver,Colorado 80203 COLORADO
Phone:(303)866-3567 CONSTRUCTION MATERIALS DIVISION o f
RECLAMATION
FAX:(303)832.81tM
REGULAR(112)OPERATION MIN ING
RECLAMATION PERMIT APPLICATION FORM SA ETY
Bill O„rn4
CHECK ONE: There is a File Number Already Assigned to this Operation Governor
Permit# M - RucapII C'iPnryr
_ (Please reference the file number currently assigned to this operai(5f()""' Director
X New Application(Rule 1.4.5) Amendment Application(Rule 1.10) Ronald w C.aran,-
� Division Director
Conversion Application(Rule 1.11) natural Remourt'e Trustee
Permit# M- - (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 1,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 th ed 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 I I"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,AL.I,information requested below.
1. Applicant/operator or company name(name to be used on permit): j 1t Ly_cotlt.rri PrL pe• 1 a� o.rerto
1.1 Type of organization(corporation,partnership,etc.): _Nlvt-tt.t tRki_ly•ur M -
2. Operation name(pit,mine or site name): DEtI A fir
3. Permitted acreage(new or existing site): _55:7 permitted acres
3.1 Change in acreage('+-) —�
- -- acres
3.2 Total acreage in Permit area 513.1 acres
4. Fees:
4.1 New Application $2.344.00 application fee
4.2 New Quarry Application2 006,00 quarry application
4.4 Amendment Fee 1,938.0p amendment fee
4.5 Conversion to I 12 operation(set by statute) --
__2,A4.0}. conversion fee
5. Primary commodities)to be mined: A44_6ffteff
5.1 Incidental commodities)to be mined: 1. ._._. lbs Tonsiyr 2.
3.---.__—� lhs/To_ ns%yr 4._--! lbs/Tcrosiyr S _ lhsil'ons yr
5.2 Anticipated end use of primary commoditic(s)to be mined:
5.3 Anticipated end use of incidental commoditie(s)to be mined: __JO,
_
•
Office of
Mined Land Reclamation Acti 2006-3214
-2-
6. Name of owner of au unlace r hts of affected land: wtnt
If 2 or more owners,"refer to Exhibit O". —`--------
7. Name of owner of surface of affected land: �1R.wItn1 ttD
8. Tvne of mining aoeratfan: _�
Surface _Underground
9. Location Information: The center of the area where the majority of mining Will occur
COUNTY: LJEZ)
PRINCIPAL MERIDIAN(check one): X 6th(Colorado) 10th(New Mexico) Lite
SECTION(write number): S_ --
TOWNSHIP(write number and check direction): T X__North South
RANGE(write number and check direction): R
..,East �_West
QUARTER SECTION(check one): X 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):
PAIL*" rAgfor
r
10. $rimary Mine Entrance Location(report in either Latitude/Longitude OR(JTM):
Latitude/Longitude:
Example: (N) 39° 44' 12.98"
(W) 104° 59' 3.87"
Latitude(N): deg min sec
__ (2 decimal places)
Longitude(W): deg min sec
• (2 decimal places)
OR
Example: (N) 39.73691°
(W) -104.98449°
Latitude(N) 4v , 43O54 (5 decimal places)
Longitude(W) =14,4 _( ZS4 _...(5 decimal places)
OR
Universal Tranverse Mercator C►TM
Example: 201336.3 E NAD27 Zone 13
4398351.2 N
UTM Datum(specify NAD27.NAD83 or WGS 84)
_ Zone
lasting -
Northing
1
-3.
11. Correa ndence Information:
APPI,ICA'�T/C1pF eTOn (nom,address, and phone of name to be used on permit)
Contact's Name:
Company Name: Title' t r•9�
�_�G�
Street/P.O.Box:
110N_s_
City: P.O. Box:
State: Gb
Telephone Number: LqZL — — --_._._.. Zip Cody: Bo�3Z
-
Fax Number:
`fL - 30 —
PERMITTING CONTACT (if different from applic:ant/operator above)
Contact's Name:
Company Name: Title:
Street/P.0.Box:
-ZZ
P.O. Box;City:
State: Ga
Telephone Number: f____3_5:13 Zip Code: o
Fax Number: �� 3—�l BaZ�
INSPECTION CONTACT
Contact's Name:
Title:
Company Name: W
Street/P.0.Box: 1 $
P.O. Box:City: 58
State: ---.____----------__--__ -----•-__,_� _
Telephone Number: -------- Zip Code;
Fax Number: -
---�-
C: sTATE OR FEDERAL LANDOWNER if an
Agency:
Street:
City: --`-`—.—_
State --------- ___--_------__—_�---- --------
Telephone Number: —— — ---.7.ip Code:
-
CC: STATE OR FEDERAL LANDOWNER if an --�~
Agency:
Street:City:
State: -- —
Zip Code:
State:
Telephone Number: -- —
-4-
12. Primary future(Post-mining)land use(check one):
Cropland(CR) Pastureland(PL) General Agriculture(GA)
Rangeland(RL) Forestry(FR) Wildlife Iiabitat(W[)
Residential(RS) Recreation(RC) ,TM Industrial/Commercial(IC)
_? Developed Water Resources(WR) Solid Waste Disposai(Wf)
13. Primary present land use(check one):
Cropland(CR) Pastureland(PL) X General Agriculture(GA)
Rangeland(RI.) Forestry(FR) Wildlife Flabitat(Wl.)
Residential(RS) Recreation(RC) Indusrrial/COmmercial(IC)
Developed Water Resources(WR)
14. Method of Mining: Briefly explain mining method(e.g. truck/shovel):
044"116,11*-- rAitn4t 1e&ijg`l4 ' Jtfi�►t lj" __---�- — ----- —
15. On Site Protesting: ,X Crushing/Screening
13.1 Briefly explain mining method(e.g. truck/shovel):
List any designated chemicals or acid-producing materials to he used or stored within permit area: _fi gjt.
16. Description of Amendment or Conversion:
If you are
amending or converting an existing operation,provide a brief narrative describing the proposed change(s).
-5-
Maps 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 a new page. Pages should he numbered consecutively for case of
reference. If separate documents are used as appcodices,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 1.6.2(1)(6):
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 J 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
EXI IIBIT 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(1)(b) ADDENDUM 1 -Notice Requirements(sample enclosed)
Rule 6.5 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 1.6.2(1)(15)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.
EI. 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;
I
-6-
fE 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;
p G 4. Any modification to the approved mining and reclamation plan from those described in your approved
p application requires you to submit a permit modification and obtain approval from the Board or Office;
116 5. It is your responsibility to notify, the Office of any changes in your address or phone number;
re 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.
PE 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.
.Pr 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 from your total reclamation responsibility.
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.
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.
- 7 -
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.
-8-
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-I 15(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 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,CItS.,of the Colorado Land
Reclamation Act for the Extraction of Construction Materials. Any alteration or modification 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 34-32.5-123,C.RS.
Signed and dated this /29 day of 0.542 eider „7Da� .
;72%7%% Pig
p 5/ c �" . J. eile, Chair, Board of County
Weld deanic, J a. / 1t%-IBS ationAttes (Seal) CommissLoners
Applicant/Operator or Company Name
Sign IA5t - 'Lb '' ' t44'.'/v
,t rporate retary or Equivalent
Title: LGij'Ifleen rut l//✓•[lie•-> / e_r CVTown/City/County Clerk
JJ NOV 9 2 2000'
State of w IcanJc, )
)ss.
County of LJ
ft-
The foregoing instrument was acknowledged before me this / day of SEP7EM R E(2-
by PERIl Eisen/Act as EN6,1,�cc-a-m-6 0,vo/.ti ,tk,of .,..n cu ✓N4y cc)c,�.�
r•
LEON W SIEVERS f Notary Public
NOTARY PUBLIC S
I STATE Of COLORADO j My Commission expires: f3 C) 6 ' C)
SIGNATURES MUST BE IN BLUE INK
M Min‘shve\vnfonm\Coeuwdion 112doc (Approved 05/11/2005)
1�
You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a proposed
mining operation. The following is a sample of the Notice required for Rule 1.6.2(1)(b)that you may wish to use.
NOTICE
This site is the location of a proposed construction materials operation. (Name of the Applicant/Operator)
whose address and phone number is(Address and Phone Number of the Applicant/Operator) ,has
applied for a Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the
application may view the application at the(County Name) County Clerk and Recorder's Office,(Clerk
and Recorder's Office Address) ,and should send comments prior to the end of the public
comment period to the Division of Minerals and Geology, 1313 Sherman St,Room 215,Denver,Colorado 80203.
Certification:
I. ,hereby certify that I posted a sign containing the above notice for the proposed permit
area known as the(Name of Operation) ,on(Date Posted)
SIGNATURE DATE
MArnied..L,5mmCannunian 112dee(Approved 05;11/2005)
t
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR(112)CONSTRUCTION MATERIALS EXTRACTION OPERATION
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
We l d COUNTY
We.in L v4 ntbr—PVJ /i C inhb S (the"Applicant/Operator")has applied for a Regular(112)reclamation petmit
from the Coloradojtined Land Reclamation Board(the"Board")to conduct the extraction of construction materials operations in
County. The attached information is being provided to notify you of the location and nature of the
proposed operation. The entire application is on file with the Division of Minerals and Geology(the"Division")and the local
county clerk and recorder.
The applicant/operator proposes to reclaim the affected land to use. Pursuant to
Section 34-32.5-I I 6(4)(m),C.R.S.,the Board may confer with the local Board of County Commissioners before approving of the
post-mining land use. Accordingly,the Board would appreciate your comments on the proposed operation. Please note that,in
order to preserve your right to a hearing before the Board on this application,you must submit written comments on the application
within twenty(20)days of the date of last publication of notice pursuant to Section 34-32.5-112(10),C.R.S.
If you would like to discuss the proposed post-mining land usc,or any other issue regarding this application,please contact the
Division of Minerals and Geology, 1313 Sherman Street,Room 215,Denver,Colorado 80203,(303)866-3567.
NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of a
change to a previously filed application you must either attach a copy of the changes,or attach a complete and accurate description
of the change.
M i m hrcvgam.K:angwxhm 112 doc(Approved 05/I t'2005)
•
t. 4oso
el \ w ; 33j .hp 34 9-
„
\
•
L:< g:'4644 r
s ? iD `2 ' 461
v PROJECT E
O Y
A
2
4670 SITE
•
1 N.
- „son, .• J ROAD
' '• _r 1649 —. r—`—c: - —_
n
1662
A . I
.i {, _ . cr ' • TSN
tt
ire �l
�
iq W$y"' f N. ; 4 I1
46214 I
_ r CA C�1 'K .lam i r =_ • 4' -J/ Fl y-, 'I
0 -4x{ 'C7 F4'
sIni Ir 1 \ �., Ir I' o•�i . - .10 I
I .nµ d ` nr `e
ll
e�
L �� o ® f r-
y ♦� A — t 16/3
, i• :
(4449% 4 4441 •—e • r .. • e', .:_S.. , a . - •. I• ... : .� •1 1 tin . . I Genet Pit
cn
8
is
m
g
N_
N
A
J
g DCS, Inc.
p Loveland Office: N
S 4220 Gulf Vista Drive
A Loveland,CO 80537-3533 --
P:(303)929-3194 MI_MIIIIIIIM
F:(303)600-8020 0 500 1000 2000
o.
e E:dangiroux@dcs-cm.com EXHIBIT B Scale: 1" = 2000'
,.
r W:www.dcscm.com
.
3 Date: 04/20/06
3 u l .1sT Consulting, Inc. WELD COUNTY Job No: 06108
ZO c 1400W 122nd Avenue-Suite 120 DERR PIT Drawn: WSS
Westminster,CO 80234 VICINITY MAP Scale: 1" = 2000'
303-457-0735 Sheet: 1 Of: 1
Hello