HomeMy WebLinkAbout20031860.tiff JUL-08-03 13:51 FROM-Colorado Dion of Minerals & Geology +13038663567 em T-030 P.002/007 F-079
COLORADO DIVISION OF MINERALS AND GEOLOGY
,r MINERALS PROGRAM INSPECTION REPORT
V49' - PHONE: (303) 866-3567
The Division of Minerals and Geology has conducted an inspection of the mining operation noted below. "his report
documents observations concerning compliance of the mining operation with the permit and the regulations of the
Mined Land Reclamation Board. The report notes 1)Areas of successful compliance; 2) Problems ant suggested
corrective actions and/or 3)Possible violations to be considered for possible enforcement action by the 1v fined Land
Reclamation Board- OPERATORS SHOULD READ THIS REPORT CAREFULLY BECAUSE IT MAY RtEOUIRE
CORRECTIVE ACTION AND/OR RESPONSES TO THE DIVISION IN ORDER TO AVOID CONSID ORATION
OF POSSIBLE ENFORCEMENT ACTION BY THE MINED LAND RECLAMATION BOARD.
MINE NAME: Challeneer Gravel Pit OPERATOR: Coulson Excavating Co„In, .
COUNTY: Weld MINE SDG E OF OPERATION- 112
INSPECTOR(S): Erica Ci oM y
MINE ID 1)OR PROSPECTING -1 85-02
INSPECTION DATE: 6/27/03 DATE OF COMPLAINT: NA
INSPECTOR'S INITIALS: ESC TIME OF DAY CHILITARY): 10:10
INSPECTION TYPE CODE®: MI POST INSP.CONTACTSo1: NC
JOINT INSP.AGENCY CODE®: NO REASON FOR INSP-CODE®: IE
WEATHER CODE/4': CR BOND CALCULATION TYPEM: BC
OP.REP.PRESENT: Richard Coulson: Coulson Excavating Co.,Inc.
1. INSPECTION TYPE CODE-[CL-tN: IL-Illegal Operation,MI=Monitoring,MP=Mineeat Prospect,SP-Surety-related,PR=Preuperadonl
2. POST INSPECTION CONTACTS AND JOINT INSPECTION AGENCY CODF-[CRAG: NO=None,BL=Bled,CH=Cob.Dept.Health;C]-Land Board,
CT=Citizen;CW=Wildide,PS=Foreat Service,HW=Hwy.Dept.,LC—Load Government,SE State Engr.]
3.REASON FOR INSPECTION COW-[CL-RS:AG=OtherAgency Request,CI—Citizen CompWnt,IE=Normat I&E Program,HP-HighPrion1 ,PY=Priotityl
4. WEATHER CODE-[CL-WE: CL Cloudy,CR"Clear,IN—Indemeat-prevented Inspection,RN=Raining,SN Snowing,WD=Windy[
5. BOND CALCIJLATtON3YPE:-[BC=Complete Bond,BP=Partia]Bond,NN=None)
This list identifies the environmental and permit parameters inspected and gives a categorical evaluation of a ich, IF PB
OR PV IS INDICATED,YOU SHOULD READ TUE FOLLOWING PAGES CAREFULLY IN ORDER Tt 1 ASSURE
COMPLIANCE WITH THE TERMS OF YOUR PERMIT AND APPLICABLE RULES AND REGULATIh)NS. If PV
is indicated,you will be notified under separate cover when the Mined Land reclamation Board will consid er possible
enforcement action.
GENERAL INSPECTION TOPICS
(AR)RECORDS „„„. __ . Y (FN)FINANCIAL WARRANTY „.- Y (RD)ROADS Y
(LIB)HYDROLOGIC BALANCE, PB (BG)BACI FILL&GRADING.--,..Y (EX)EXPLOSIVES....._ , NA
(PW)PROCESSING WASTE/TAILING...„ NA (SF)PROCESSING FACILITIES... Y ('TS)TOPSOIL Y
(MP)GENL MINE PLAN COMP'ISNCE. PB (FW)FISH&WILDLIFE..,,,„„„.. Y (RV)REVEGETATI 3N Y
(SM)SIGNS AND MA CICERS..............--,... PB (SP)STORM WATER MGT PLAN Y (SB)COMPLETE IC SP Y
(ES)OVERBURDEN/DEV,WASTE,_...,,..-- Y (SC)EROSION/SEDIMENTATION Y (RS)RECL PLAN/C(MP Y
(AT)ACID OR TOXIC MATERIALS-.-,,,--, NA (OD)OFF-SITE DAMAGE............ NA (ST) STIPULATION NA
Y-Inspected and Found In Compliance PV=Inspected and Possible Violations Noted PB=Inspected and Problems EXHIBIT
N=Not Inspected NA=Not Applicable
^
2003-1860
JUL-08-03 13:51 FROM-Colorado Dj►'ion of Minerals i Geology +13038663567 n T-030 P.003/007 F-079
(Page 2)
�� MINE ID # OR PROSPECTING ID # M-1985-O26
INSPECTION DATE 6/27/O3 INSPECTOR'S INITIALS ESC
OBSERVATIONS
This was an inspection of the Challenger Pit conducted by Erica Crosby of the Division of
Minerals and Geology. Richard Coulson of Coulson Excavating was present during tl-e
inspection. The inspection was conducted at the request of Thomas Henn of Thinc. on
behalf of the new property owners who are in the process of developing a small sutdivision
north of the active mining operation. The request regarding the status of the miring
operation was received by the Division on May 19, 2003.
The Challenger Gravel Pit is located 2 miles north of Johnstown and 3 miles east cf I-25
and is adjacent to the Big Thompson River. An 112c Mining and Reclamation Permit was
issued on August 27, 1985. The permit was amended (AM-01) in 1999 that reduced the permit
area to 66 acres and changed the mining technique from wet mining to dry mining. The_
poetmining land use ispasturelaad and'the Division holds a financial warranty in the
amount of $20,241.00.
The Challenger Pit 18 divided into two regions, Phase I and II. Phase I consists of an
undisturbed wetland area and a reclaimed pond. The reclaimed pond intersects the Big
Thompson River. River water enters the pond from the northwest and exits on the south
end. In 1985, the Division approved mining and creating a pond within the Big Thompson
River. Division records indicate that the pond was actually mined in 1997, but fell under
regulatory authority of the US Army Corps of Engineers. The site has since been reclaimed
to a riparian habitat_
PhaseII has been mined to 3h:lv slopes and material has been stockpiled for future use_
The Operator stated that mining is complete, and the stockpiled product will be hauled out
completely by the fall of 2003_ Pit slopes are at 3h:lv, so minor backfilling is required
to achieve the overall grade of the pond. Final grading, topsoil replacement and
revegetation of the disturbed area are still required. In addition, the reclamation plan
states that three small ponds will remain once mining is complete (Reclamation Plan Map-
Exhibit F dated August 28, 1998) . However, the operator plans on constructing only two
lakes in Phase II, one small and one large. This anticipated change to the reclamation
plan will need to be submitted as a revision to the permit. The revision must be Eiled no
later than September 1, 2003. Please see page 3 for additional information.
A total of 4 open gravel pit lakes with approximately 20 acres of exposed surface is
proposed under the existing reclamation plan. The operator will need to submit a :opy of
an approved Substitute Supply Plan ("SSP") or Augmentation Plan issued by the Offize of
the State Engineer ("OSE") in order to demonstrate that the poetmining land use of can be
achieved. A copy of the approved plan demonstrating compliance with OSE must be submitted
to the Division by September 1, 2003.
The mine sign was not posted at the entrance to the site. The sign was knocked do,m and
located in the brush. Rule 3.1.12 of the Construction Materials Rules and Regulations
require the mine sign to be posted and visible from the road. The operator will n:ed to
repost the sign, and submit proof in the form of photographs by September 1, 2003.
i & E Contact Address
❑ CE
NAME Mr. Richard Coulson ❑ EL
OPERATOR Coulson Excavating Co. , Inc. C FS
STREET 3609 N. CR 13 ❑ 11W
CITY/STATE/ZIP Loveland, CO 80538 ❑ HEWED (CH)
❑ SE
O WOc (ca)
Cc: Carl Mount; DMG (via e-mail)
Thomas Honn; Thinc.
Sheri Lockman; Weld County (via Fax 97O-3O4-6498)
JUL-08-03 13:51 FROM-Colorado D),ri3Oon of Minerals 8 Geology +13038663567 T-030 P.004/007 F-079
(Page 3)
MINE ID # OR PROSPECTING ID # M-1985-026
INSPECTION DATE 6/27/03 INSPECTOR'S INIYIALS ESC
The following problems (PB) and/or possible violations (PV) (and suggested corrective
actions) were identified during this inspection. The problems should be corrected by the
dates given, or they will become possible violations. The possible violations ehould be
corrected by the dates given to reduce their severity when considered by the Mined Land
Reclamation Board. The inspector noted on the previous page should be notifies of all
corrective actions taken.
PROBLEMS/POSSIBLE VIOLATIONS
AND
CORRECTIVE ACTIONS
DATE
• - -1.- - -The -operator-intends on reelaiming -Phase II•as -one large lake - - - - - - -
and one small lake rather than three small lakes as approved in PS or PV:_�B
the AM-01 reclamation plan. TOPTC(S) :•—
9/1/2003
CORRECTIVE ACTION:
Submit a revision to the permit outlining the new reclamation
plan by September 1, 2003.
2. A total of 4 open gravel pit lakes with approximately 20 acres PE or PV:::B
of exposed surface is proposed under the existing reclamation TOPIC(S) :!B
plan. In the AM-01 application, the operator stated that an 9/1/2003
approved augmentation plan through Colorado Water Court will be
obtained after mining is complete.
CORRECTIVE ACTION:
The operator will need to submit a copy of an approved
Substitute Supply Plan ("SSP") or Augmentation Plan issued by
the Office of the State Engineer ("OSE") in order to demonstrate
that the postmining land use of can be achieved. A Copy of the
approved plan demonstrating compliance with OSE must be
submitted to the Division by September 1, 2003.
3. The mine identification sign was not posted as required by Rule PB or PV:IB
3.1.12 of the Construction Materials Rules and Regulations. TOPIC(S) :[01
CORRECTIVE ACTION: 9/1/2003 ^
The operator will need to post the mine identification sign, and
submit proof in the form of photographs by September 1, 2003.
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BOARD OF COUNTY COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS August 8, 2003 THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, VONEEN MACKLIN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE
SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE BOARD OF
COMMISSIONERS HEARING FOR PZ-594 IN THE AGRICULTURAL ZONE DISTRICT.
Sheri Lockman
Name of Person Posting Sign
PY 4;:g -1._
Signature of Person Posting Sign
STATE OF COLORADO )
) ss.
COUNTY OF WELD ) }1
The foregoing instrument was subscribed and sworn to me this_ day of ft i _ , 2003.
WITNESS my hand and official seal.
I L:()_0( : (ij
Notary Public
My Commission Expires:• Li .�GJ(
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SHERI Lockman - Challenger questions Page 1
WON
From: <ebedeb@juno.com>
To: <slockman@co.weld.co.us>
Co
Date: 8/25/03 9:58AM
Subject: Challenger questions
SHERI,
I RECEIVED THIS MESSAGE FROM TOM HONN FRIDAY AFTERNOON. OUR RESPONSES ARE
IN CAPS NEXT TO EACH QUESTION.
UNLESS OUR NEIGHBOR IS INTERESTED IN BUYING A LOT I THINK SOME OF THE QUESTIONS
ARE NONE OF HIS CONCERN.
SHERI, WE DO NOT KNOW WHAT CHALLENGER HAS IN HIS COVENANTS. DOES THE COUNTY
HAVE A COPY FOR PUBLIC REVIEW?WE NEED TO KNOW HIS UNDERSTANDING OF THE ROAD
USE. IT SOUNDS LIKE HE BELIEVES THAT HIS PUD HAS THE RIGHT TO USE THE ROAD THAT
EXTENDS THROUGH OUR PROPERTY BUT THAT OUR PUD WOULD NOT HAVE THE RIGHT TO
USE HIS ROAD.
WE WILL FOLLOW THE CURRENT RESTRICTIONS FOR BUILDING LIMITS AND
WILDLIFE CONSIDERATIONS, WHILE AT THE SAME TIME WE WILL RETAIN AS MANY
RIGHTS AS POSSIBLE IN RELATION TO THE USE OF OUR PROPERTY AS WOULD OUR
NEIGHBOR.
PLEASE REVIEW THE RESPONSES BESIDE EACH QUESTION. (ALL CAPS)
> Good afternoon. I have a favor to ask. Could you please clarify some
issues regarding Lakota Lakes for me. I am hoping to address concerns
raised
by a surrounding property owner.
> First, who will have ownership of the out lot? Of the open space?Who
will have use of the open space?Who will have use of the out lot
(specifically the pasture area)?
PASTURE AREA(ALONG THE RIVER) IS PRIVATE- MUCKLER, EBERL, AND KREBS PLAN TO KEEP
THIS AREA FOR PRIVATE (RESTRICTED) USE. OUT LOT C IS RESTRICTED FOR COMMON USE
BY THE HOA- NOT PUBLIC.
> Second, Weld County will not allow buildings of any kind in the 100'
building setback. Do you have plans to put a road or animal pens in this area? Would you be willing to
include any further restrictions in the covenants or on the plat?
THE 100' SETBACK BUFFER FROM CHALLENGER'S PROPERTY IS REFLECTED ON THE PLAT.
THERE IS AN EXISTING ACCESS ROAD AND A FENCED PASTURE AREA TO THE BACK (SOUTH)
OF THE PROPERTY. THIS ROAD AND PASTURE IS FOR THE PRIVATE USE OF EBERL, MUCKLER,
KREBS. BECAUSE THE PLAT ALREADY ILLUSTRATES THE LOT BOUNDARIES, WE DO NOT SEE A
NEED TO STIPULATE SPECIFIC WRITTEN RESTRICTIONS. WE WILL HAVE OUR ATTORNEY
ADVISE US ON THIS
MATTER.
>Third, would you be willing to include language in the covenants
informing residents that they do not have the right to cross into
Challenger PUD?
WHAT DOES CHALLENGER HAVE IN PLACE FOR FIRE SAFETY AT THE END OF HIS ROAD? WE
SHERI Lockman Challenger questions_ Page 2
HAVE TO PUT IN A CULDESAC (sp?)WE SPOKE TO HIM ONCE AND HE SAID HE WAS PLANNING
A CULDESAC. THE FIRE DEPARTMENT/EMERGENCY EQUIPMENT, MIGHT BE THE ONLY THE
ONLY POSSIBLE NEED FOR CROSSING ONTO CHALLENGER'S PROPERTY.
SHERI, WE, IN TURN, WOULD LIKE THE SAME INFORMATION. PLEASE ASK CHALLENGER IF HE
IS ALSO GOING TO INFORM HIS HOA THAT THEY DO NOT HAVE THE RIGHT TO CROSS INTO
THE LAKOTA LAKES RANCH.
WE HAVE NO INTEREST OR NEED TO CROSS INTO CHALLENGER'S PUD. WE SEE NO
RESPONSIBILITY TO MAKE THIS STIPULATION PART OF OUR COVENANTS.
CHALLENGER CAN PUT UP "NO TRESSPASSING"SIGNS AND THEY WILL BE
REGARDED.
> Fourth, at the hearing it was stated that there would be no random
pasturing of horses. I have explained that the Conditions of Approval as approved by the Planning
Commission do not restrict pasturing. Could you clarify your intent? Also, would you be willing to include
further clarification of your intent as a development standard or within the covenants?
THERE IS AN EXISTING PASURE AS SHOWN ON THE PLAT. AS STATED ABOVE, WE WILL
RETAIN AS MANY RIGHTS AS POSSIBLE IN RELATION TO THE USE OF OUR PROPERTY AS
WOULD OUR NEIGHBOR. WE WILL NOT VIOLATE ANY KNOWN EXISTING EASEMENTS OR
LIMITS, BUT WE WILL NOT WELCOME ANY REQUESTS TO PUT ADDITIONAL LIMITS ON
OURSELVES IN THIS REGARD.
ANYONE WHO PURCHASES A LOT WILL UNDERSTAND THAT THEY HAVE USE OF THEIR
ACREAGE ONLY- FOR LIMITED PASTURE/CORRAL USE AS WILL BE STATED IN THE
COVENANTS, IN LINE WITH COUNTY APPROVED GUIDELINES.
SHERI, SORRY FOR THIS ADDED WORK. PLEASE, LET ME KNOW HOW IT GOES, i.e. what
response you get.
Thank you,
Todd & Debra Eberl-Muckler
> I would appreciate a quick response so that the surrounding property
owner can determine whether his concerns are valid. Thank you for your
help.
Hello