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Home My WebLink About20062899 RESOLUTION RE: ACTION OF THE BOARD CONCERNING CONSTRUCTION MATERIALS REGULAR (112) OPERATION RECLAMATION PERMIT APPLICATIONAND 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, after review, the Board deems it advisable to continue said application to November 15, 2006, at 9:00 a.m., to allow time for the results of the traffic study to be obtained. 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, continued to November 15, 2006, at 9:00 a.m. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 18th day of October, A.D., 2006. BOARD OF CsUNTY COMMISSIONERS ,pI k Lt\WELD COUy► , COLORADO ATTEST: f DQ eile, %hair Weld County Clerk to the - • G I k \ David E. Long, Pro-Tem BY: fl\1 ,jz4 De u y Cler o the Board 7.1_ William H. Jerke AP D AS T • EXCUSED Robert D. Masdder1 ounty Attorney ja4 (j1 -4 /l I Glenn Vaad Date of Signature: (?f Y� lt(e 2006-2899 EG0054 00 pick) STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 1313 Sherman St.,Room 215 Deriver,Colorado 80203 Phone:(303)866-3567 CONSTRUCT1UN MATERIALS COLORADO FAX:{3031832.8106 ti I >' t s t tZ H OF REGULAR(112)OPERA i'ION RECLAMATION MINING RECLAMATION PERMIT APPLICATION FORM SAFFZ'y 8d O''"en< CK O?VF.s: There is a File Number Already Assigned to this Operation Go:•t•r or CHE Ruwill orge Permit# M - - - _ (Please reference the file number currently assigned to this o eratl ewD'r p Jf)tivt!Dirc+ctnr X New Application(Rule 1.4.5) Amendment Application(Rule 1.10) Ronald Director t Conversion Application(Rule 1.11) Natural Resource . Natural Resource 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:(t)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 segued and not rized ORIGINAL and one ] copy application form,two(2)copies of Exhibits A-S,Addendum 1,appropriate sections of6.5(Geotechnical Stability Exhibit,and a heeck 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 I!2"X 11"or 8 112"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. 1. Applicant/operator or company name(name to be used on permit): lAl _ L �`-tsierj 1.1 Type of organization(corporation,partnership,etc.): -�- 2. Operation name(pit,mine or site name): A. flT 3. Permitted acreage(new or cxistinesitel: ".....--'.____----_•-------••---�-•----------•--- 55;_l - permitted acres 3.1 Change in acreage(+) 3.2 Total acreage in Permit area — --•---.--•. acres -- -� acres 4. Fees: 4.1 New ew Application 4.2 Quarry Application $2 344• application fee 4.4 Amendment Fee $2 906.00 quarry application 4.5 Conversion to 112 operation(set by statute) t�9Z nt fee conversion fee 5. Primary commoditif(s)to be mined: ilivailtErtHr 5.1 Incidental commoditic(s)M be mined: I. lhs/To ty 4. lbs./Tons/Yr. 5 5.2 Anticipated end use of primary commodities)to be mined: —`` Ibsll ons,yr 5.3 Anticipated end use of incidental cornmoditie(s)to be mined: Office of —'-- Mined Land Reclamation Achy' 2006-2899 -2- 6. Name of owner of sub•ur+ ace rlabts of gffei_ tuna: If "refer or more owners, to Exhibit O". ----- 7. Na e f own r of surface of aftccted land: 8. Tie of mining s�.ration: X Surface _Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: WILD -__ PRINCIPAL MERIDIAN(check one): X 6th(Colorado) 10th(New Mexico) SECTION(write number): Ute S TOWNSHIP(write number and check direction): T _X North South RANGE(write number and check direction): R !05 --�� East West QUARTER SECTION(check one): X NE NW SE SW QUARTER/QUARTER SECTION(check one): N£ NW SE X SW GENERAL DESCRIPTION:(the number of miles and direction from the nearest town and the approximate elevation): M I rAyt• ems_chic, �i c o E AL ----- 10. )!rimary 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): deg�— min sec (2 decimal places) Longitude(W): deg min sec (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449° Latitude(N) 40 r 43054 (5 decimal places) Longitude(w) 1:≥±___`- ZS4 (5 decimal places) OR Urliv rsal Tranverse Mercator UT�f Example: 201336.3 F. NAD27 Zone 13 4398351.2 N UTM Datum(specify NAD27,NAD83 or WGS 84) Lasting _ —----- _ Zone_�� Northing -3- I i. Corms nrlence Information: APPLICANT/OpF:RATOR (name, address, and phone of name to he used on permit) Contact's Name: Company Name: Title' �„� Street/P.O.Box: N s City: :: :: . 6c63Z— Telephone Number: Fax Number: 30 — MITTINC) INTACT (if-different from a lic:ant/o PP Aerator above) Contact's Name: — -4f _ Company Name: Title: Street/P.O.Box: 2Z �t-.ic ylsra Dtzf f�VE P.O. Box:City: State: Gv Telephone Number: Zip Code: � 3 - 3 Fax Number: —_- -- -— INSPECTION CO NTACT Contact's Name: Company Name: hl — __`- —__-- Title; -.A— Street/P.O. Box: City: P.O. Box: Sb 41rc�� State: Telephone Number: Zip Code: " - �6 Fax Number: -C: STATE OR FED LANDOWNER if an Agency: Street: City: -- -- _ State: �_`---— -------------------- �~ Telephone Number: - — -�~� -- 7ip('ode: ._ - CC: STA'CE OR FEDERAL L.ANI)OLIfNF R ifanY — Agency: Street: ---- -- City: .—__�- — i - - State: Telephone Number: '_ Zip Code: -4- 12. Prima future(Post-mini 1 d u eh k one - Cropland(CR) Pastureland(PL) General Agriculture(GA) — Rangeland(RL) Fares try(FR) Wildlife Habitat(WL) Residential(RS) Recreation(RC) ______ Industrial/Commercial(1C) -.6. Developed Water Resources(WR) _.., Solid Waste Disposal(WD) 13. Primary Dresent Is d use cheek one : Cropland(CR) Pastureland(PL) General Agriculture(GA) Rangeland(RJ.) Forestry(FR) Wildlife Habitat(WL) Residential(RS) Recreation(RC) lndustriaUCom nercial(1C) Developed Water Resources(WR) 14. Method of Mining: Briefly explain mining method(e.g.truck/shovel): _ eV r441 15. On Site Procesaitg:: X Crushing/Screening 13.1 Briefly explain mining method(e.g.truck/shovel): alre.4l 4.710 / Pr7-i McVH+i4 P27 allPMPM1/4C7' __._ List any designated gnated chemicals or acid-producing materials to be used or stored within permit area: 16. Description of Amendment or Conversion: If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s). r -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 I,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 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 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 F.XI 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(I)(b) ADDENDUM I -Notice Requirements(sample enclosed) Rule 6.5 Geotechnical Stability Exhibit(any required sections) 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(1)(6)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; -6- PE- 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; fE3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, p substantial civil penalties,to you as permittee can result; 7 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; i96 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. fir 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 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. fPr 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 ioint 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. j -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 34-32.5-115(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 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 I misdemeanor pursuant to Section 18-8-503,C.R.S. This form kas been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,CR.S.,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 modifiedform and subject the operator to cease and desist orders and civil penalties for operating without optima pursuant to section 34-32.5-123,C.R.S. Signed and dated this /27 day of ,SP Z&nuicr A26n� � �•" We/i dea.a4 ,' 4../c ttic'kS J. eile, Chair, Board of County f �Y ationA s (Seal) Commissioners Applicant/Operator or Company Name G ^,��r/�q/art Si1161 ,Lt Li[(L.. p �// rporate retary or Equivalent Title: E�sshen �y l/s✓ ,S:o• , �r�wrer_r ®��& ri\' Town/City/County Clerk JJ 8�l OCT 1 8 2006 State of (1) I�n.(+..Jc ) )5S. County of ,,,et_O ft- The foregoing instrument was acknowledged before me this /0O day of SE P7e M R C.1Z z 0 , by P an..) £,SEN4CR as CNt,1,V EQ.IA,e, niv,.sn&. (V ,00(ff w c.n Cii ✓N4.l 0,2 Lc)i:.:..)_ ,rNNmN.lfOn.r.C.voir*n N l. LEON IN SIEVERS i Notary Public NOTARY PUBLIC S STATE OF COLORADO J My Commission expires: c/i 63 "G 6 --CI 7 SIGNATURES MUST BE IN BLUE INK M:MinWareIveronmIComwc.ion 112 doc(Approved 05/11/2005) acct. - 07,97 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 M.4nm`sharewforrrenComtnacticin I12 dm(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 \Ale I A COUNTY W1ItiCp4rity lft4l,C VVpeAC (the"Applicant/Opeator")has applied fora Reguiar(112)reclamation permit fran the Coloradojined 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 3432.5-116(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 use,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 tither attach a copy of the changes,or attach a complete and accurate description of the change. M"mmWrevocor"ICaWrurim 112 doc(Approved 05/I t(200S) ' , LI • ` " �� R65W •1, All ••o a°e0 lP • ) •i i 'i�, 33 wh10 34 P• 3 •.` i 4Es4 1 ... Z'} ' , w6 0 , ' 46,. v PROJECT E Y zI <by� SITE •.a 4 , , o . . Ir in ' . • • l i w _ !I 4�9 a 4662 t 1 ii A N so aaro T5N � MI ~�� N f' �• 1'T� / I ' .• .s 9�c , ..7 �o �... \�O 44 1 L I� 1 / _ �r 4,y • bye i-.7. � :A • i • 4621 t y.� rt I,A q f I1 t = _ I 9tittlits yt, 1 E''' t. 1. V olt I .� 7 .. o 1� • 1 ti•. , • . I .R"—__ .II •i. R+Lir<,l�w..P•% . •. I ;revel Ptt S 0 0 0 0 0 0 N N A J I DCS, Inc. 4' Loveland Office: N 4220 Guff Vista Drive A Loveland,CO 80537-3533 — r ' P:(303)929-3194 iim— im a F:(303)600-8020 0 500 1000 2000 t E:dangiroux©dcs-cm.com Scale: 1" = 2000' 0 W:www.dcscm.com EXHIBIT B ,r 3 Date: 04/20/06 l J&T Consulting, Inc. WELD COUNTY Job No: 06108 o DERR PIT Drawn: WSS To- 1400 Westminster, erAv CO -Suke120 VICINITY MAP Scale: t" = 2000' a Westminster,CO 80234 , 303-457-0735 Sheet: 1 Of: 1 Hello