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Home My WebLink About20013517 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St., Room 215 Denver,Colorado 80203 D I V I S I O N Phone:(303)866-3567 PA 11N1 E R.A FAX:(303)832-8106 July 18,2001 GEOLO ( O LO ( RECLAM ATI MINING•SAFE Mr. Rocky Hoffschneider Platte Sand &Gravel LLC Bill Owens P.O. Box 180 Governor Littleton,CO 80160 Greg E.Walther Executive Director Michael B.Long RE: File No.M-2000-158,S &H Mine, 112c Decision Letter-Conditions, Division Director Financial and Performance Warranty Request-Construction Material Operation Dear Mr.Hoffschneider: On June 27,2001,the Division of Minerals and Geology approved your 112c mining permit application. The conditions to the approval are noted below: Stipulation No. Description 1. The Applicant will install recharge structures between the point of dewatering and any wells adjacent to the operation. Sufficient waters being discharged will be directed to the recharge structures to protect adjacent wells and the cottonwoods while active dewatering is occurring. 2. The Applicant will prepare and submit to the Division for its approval a complete design for the construction of any recharge structure by no later than August 1, 2001. By private agreement, the Applicant has agreed to submit the design for the recharge structures to Dr. Ptasnik and his consultants for their approval. The Applicant and Dr. Ptasnik intend to agree on the construction designs for the recharge structures prior to submittal to the Division. 3. The Applicant will not conduct any dewatering activities until the design for the recharge structures is approved by the Division and incorporated into the permit. Further, dewatering will not be conducted until the recharge structures are constructed. The amount of financial warranty set by the Division for this operation is$111,500.00. You must submit a financial warranty in this amount and a performance warranty in order for us to issue a permit. In the event you have requested a financial warranty form, we have enclosed it in this letter. If you have not, please select a type of financial warranty from Rule 4.3. Then contact us so that we can provide you with the appropriate warranty form. We have enclosed a performance warranty form with this letter for your use. PLEASE NOTE THAT MINING OPERATIONS MAY NOT COMMENCE UNTIL A PERMIT HAS BEEN ISSUED BY THE DIVISION AFTER RECEIPT OF YOUR FINANCIAL WARRANTY AND PERFORMANCE WARRANTY. A PERMIT WILL NOT BE ISSUED UNTIL WE VERIFY THE ADEQUACY OF BOTH YOUR FINANCIAL WARRANTY AND PERFORMANCE WARRANTY. If you have any questions,please contact Cart Mount at(303) 866-3863. Sincerely, Michae .L Director Enclosure %%/'/( /V/ e.,C . , (/ 2001- 3517 (. PL/51/.5 Moss AHDSBoard OrdersVude014brn cover kr m-2000-158 platte sand and gravel dot • • STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St., Room 215 q I V 15 1 p N Denver,Colorado 80203 Phone:(303)866-3567 M 1 1J P RA FAX:(303)832-8106 • E M O&— PERFORMANCE WARRANTY R L MAM MIN LING•SAFE Bill Owens Governor Permittee: Platte Sand&Gravel LLC Greg E.Walther Executive Director Operation: S & H Mine Michael B.Long Division Director Permit No: M-2000-158 KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et seq. (the "Act"), as amended, and the Colorado Land Reclamation Act for the Extraction of Construction Materials, C.R.S. 34-32.5-101 et seq. (the "Act"), as amended,provides that no permit may be issued under the Act until the Mined Land Reclamation Board (the "Board") receives a performance warranty (or warranties) that is a written promise to comply with all applicable requirements of the Act. WHEREAS,Platte Sand&Gravel LLC (the "Permittee"),has applied for a permit to conduct a mining operation known as S & H Mine (the "Operation") on certain lands in Weld County, Colorado. These lands are described in the permit application, as amended and supplemented, and are referred to herein as the "Affected Lands". WHEREAS,in its application for the permit,the Permittee has agreed to be bound by all requirements of the Act and all applicable rules and regulations of the Board, as amended from time to time. WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs of reclamation with regard to those affected lands in Weld County which are now or may become subject to the permit are those amounts for the stated periods of time as set forth in the financial warranty, which may be amended from time to time to reflect revised estimates of said costs of reclamation. WHEREAS, the Permittee hereby gives the Board a performance warranty pursuant to Section 34-32-117(2) or Section 34-32.5-117(2) of the Act, and herein promises the Board that it will comply with all applicable requirements of the Act with regard to those Affected Lands. • • - 2 NOW, THEREFORE, the Permittee hereby promises the Board that it will comply with all applicable requirements of the Act and rules and regulations of the Board with respect to the Affected Lands. FURTHER, the Permittee hereby promises the Board that it will comply with all of the terms of the application for a permit, as amended and supplemented, as well as any conditions attached to the permit by the Board. FURTHER, the Permittee promises the Board, pursuant to 34-32-112(2)(d) or 34-32.5-112(1)(c)(iv) of the Act, that it has the lawful authority to enter upon the Affected Lands to conduct mining operations, including,but not limited to, reclamation. The Permittee further recognizes the right of the Board to enter to reclaim lands affected by the operation. The description of lands herein is for convenience of reference only,and no error in such description, nor any revision of the permitted mining area, nor the disturbance by the Warrantor of lands outside of the permitted mining area shall alter or diminish the Permittee's obligation hereunder, which shall extend to the reclamation of all such lands disturbed. The obligation of the Permittee hereunder is such that, if the Permittee shall successfully comply with the requirements of the Act, applicable rules and regulations, and the permit, then the Board,upon a finding that the Permittee has so complied, shall release this performance warranty, and the Permittee from its obligation hereunder, to the extent that the Board determines that such compliance has been accomplished. The obligation of the Permittee hereunder shall continue until released in whole or in part by the Board in accordance with applicable law. In further satisfaction of the requirements of the Act, the Permittee promises to be responsible for the cost of reclamation up to the amount established by the Board and has attached hereto its financial warranty, which may be amended from time to time. The Permittee agrees that it will maintain a financial warranty(or warranties)for the estimated costs of reclamation in good standing for the entire life of the permit. Please note that under the provisions of the Colorado Mined Land Reclamation Act and the Colorado Land Reclamation Act for the Extraction of Construction Materials, any Applicant or Permittee that submits proof, acceptable to the Board or Division of Minerals and Geology, that an Applicant or Permittee is a unit of County or Municipal government, or is a department or division of State government, the Applicant or Permittee is not required to submit or post any other instrument of financial responsibility but hereby promises to be responsible for the cost of reclamation up to the amount specified by the Board. If the Board determines that the Permittee is in default under this performance warranty and has failed to cure such default, although written notice of such default and ample time to cure such default have been given, the Permittee's financial warranty shall be subject to forfeiture. - 3 - This performance warranty may be executed in multiple copies, each of which shall be treated as an original, but together they constitute only one agreement, the validity and interpretation of which shall be governed by the laws of the State of Colorado. The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors and assigns. SIGNED, SEALED AND DATED this day of Platte Sand &Gravel LLC (SEAL) Permittee By: Title: NOTARIZATION OF PERMITTEE'S ACKNOWLEDGEMENT STATE OF ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , , by as of NOTARY PUBLIC My Commission expires: APPROVED: State of Colorado Mined Land Reclamation Board Division of Minerals and Geology By: Date: Division Director M:\OSSVand\temp'M-AP-20_M2000158_CBM_20010718_115244 AM.doc BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER IN THE MATTER OF PLATTE SAND & GRAVEL, LLC, THE S&H MINE SITE, FILE NO. M-2000-158, CONSIDERATION OF A 112 CONSTRUCTION MATERIALS PERMIT APPLICATION OVER OBJECTIONS THIS MATTER came before the Mined Land Reclamation Board ("Board") on June 27, 2001, for a hearing pursuant to Section 34-32.5-114, C.R.S. The Board,having considered the testimony and exhibits of the parties, and having been otherwise fully informed in the premises, hereby makes the following Findings of Fact and Conclusions of Law, and enters the following Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. On December 27, 2000, Platte Sand & Gravel LLC ("Applicant"), filed an application with the Division for a 1,239.4 acre gravel pit operation in Weld County, Colorado, Secs. 26, 34 and 35, T4N, R67W, 6"' P.M. and Sec. 2, T3N, R67W, 6th P.M. The application file number is M-2000-185. 2. The Applicant complied with all the notice procedures required in the reclamation statutes and regulations. 3. Numerous objections to the proposed operation were submitted during the public comment and informal conference phases of application review. The Division scheduled the permit application for a hearing before the Board pursuant to § 34-32.5-114, C.R.S., and the applicable Construction Materials Rules enacted thereunder. 4. Pre-hearing Conferences were held in this matter on April 17, 2001, and June 4, 2001. At the Pre- hearing Conferences, the Board's Pre-hearing Officer narrowed and distilled the list of objector issues to be presented to the Board, verified the list of parties to the final hearing, and set forth the schedule and time allotments for the Board's hearing on the matter. In addition, certain parties submitted lists of exhibits and witnesses they expected to use at the hearing for attachment to the Pre-hearing Order which was to be issued to the parties. Following the Pre-hearing Conference, the Pre-hearing Officer drafted a Pre-hearing Order which included all the above information. The final Pre-hearing Order was mailed to the parties on June 4, 2001. 5. The Division participated in the final hearing in this matter as staff to the Board, and was not a party to the hearing. 6. At the final hearing, the Board's attorney presented the Pre-hearing Order to the Board on behalf of the Pre-hearing Officer. The Board adopted the Pre-hearing Order without amendment. 7. The issues raised by the objectors and presented to the Board in the Pre-hearing Order were as follows: a. Reclamation plan with respect to environmental protection of surface water run-on, run-off, discharge, and goals and expectations b. Potential impacts from mining operation to adjacent landowners domestic wells, irrigation wells, irrigation ditches and alluvial groundwater used for subirrigation. Page 2 c. Presence of wetlands, necessary mitigation and need for 404 permit. d. 100 year flood plain analysis, mitigation, and set back requirements. e. Evaporative loss from the reclaimed lake surface and water augmentation plan. f. Containment and disposal plan for mine and plant generated chemicals and other by-products. g. Potential wildlife habitat loss and delineation of buffer zones to protect eagle roost habitat. h. Reclamation cost estimate, consideration of what structures were considered. i. Legal right to enter and protection of existing structures, easements. j. Legal right to enter with respect to future exploration and development of oil and gas leases. 8. During the hearing, some objector parties and the Applicant were able to agree on permit conditions that would address most of the water and wildlife habitat(cottonwoods) concerns of the objectors. 9. Based on the record, the Board finds that it should impose the following conditions on the Applicant's permit: a. The Applicant will install recharge structures between the point of dewatering and any wells adjacent to the operation. Sufficient waters being discharged will be directed to the recharge structures to protect adjacent wells and the cottonwoods while active dewatering is occurring. b. The Applicant will prepare and submit to the Division for its approval a complete design for the construction of any recharge structure by no later than August 1, 2001. By private agreement, the Applicant has agreed to submit the design for the recharge structures to Dr. Ptasnik and his consultants for their approval. The Applicant and Dr. Ptasnik intend to agree on the construction designs for the recharge structures prior to submittal to the Division. c. The Applicant will not conduct any dewatering activities until the design for the recharge structures is approved by the Division and incorporated into the permit. Further, dewatering will not be conducted until the recharge structures are constructed. 10. Aside from the three conditions listed above, the Board finds no basis in the record to deny the amendment application or add further conditions to the permit pursuant to Section 34-32.5-115(4), C.R.S. • • ORDER Based on the above findings of fact and conclusions of law, the Board orders that the reclamation permit amendment applied for in File No. M-2000-158 is hereby GRANTED with the three conditions listed in paragraph 9 above. Dated this�0 day of 9u_L4r , 2001 FOR THE MINED LAND RECLAMATION BOARD BY: Harry Javem' k, airman 41. Jain CERTIFICATE OF SERVICE !� I, ,�� "" Jnr/6 L , hereby certify that on this 4� day of C , 2001, I deposited a true copy of the foregoing Findings of Fact, Conclusions of 1. Law, and Order Platte Sand & Gravel LLC permit No. M-2000-158 in the United States Mail, postage paid, addressed to the following: See attached list FOR THE MINED LAND RECLAMATION^ BOARD 74O,6 thEo X Certif ing Signature FOR THE MINED D RECLAMATION BOARD Zia Certifying Signature • • ROCKY HOFFSCHNEIDER STAN ODENBAUGH PLATTE SAND& GRAVEL LLC 11100 WCR 38 P O BOX 180 PLA I I E VILLE CO 80651 LITTLETON CO 80106 STEVAN O'BRIAN ROYCE A REINICK ENVIRONMENT INC 11049 WCR 40 7985 VANCE DRIVE SUITE 205A PLAT IEVILLE CO 80651 ARVADA CO 80003 KATHRYN A HARDIN BRUCE W RIPPE 11250 WCR 38 11419 WCR 36 PLA1 LVILLE CO 80651 PLATTEVILLE CO 80651 MICHAEL J PTASN 1C MICHAEL DECKER 18995 WCR 23 11142 COUNTY ROAD 38 PLAT TEVILLE CO 80651 PLAI IEVILLE CO 80651 GALE L SCOTT DAVID W SIPLE 11496 WCR 40 PATINA OIL&GAS CORPORATION PLAT IEVILLE CO 80651 1625 BROADWAY SUITE 2000 DENVER CO 80202 JAMES J BROCHARD BETH DECKER 11665 WCR 32'/z 11470 WCR 38 PLATTEVILLE CO 80651 PLAT 1'EVILLE CO 80651 MIKE DEPRATT DUSTIN M AMMONS 10997 WCR 36 DAVIS GRAHAM& STUBBS LLP PLATTEVILLE CO 80651 1550 SEVENTEENTH STREET SUITE 500 DENVER CO 80202 • • CHRIS GRENEAUX NANEIIE FORMONT HS RESOURCES INC MILLIKEN TOWN HALL 1999 BROADWAY SUITE 3600 P O BOX 290 DENVER CO 80202 MILLIKEN CO 80543 MARTY BLOCK XCEL ENERGY WELD COUNTY COMMISSIONERS 16805 WCR 19''A 915 10TH STREET PLAT IEVILLE CO 80651 GREELEY CO 80632 SANDRA JIMMY&KENNETH BOOS 11258 WELD COUNTY ROAD 40 MS SHARON SCHUYLER PLAT IEVILLE CO 80651 PLA Fib VALLEY SCD 840 BROADWAY AVE FT LUPTON CO 80621 SHARYN FRAZER&THOMAS HAREN AGPRO ENV SVCS LORI POI IER 4311 HWY 66#4 KELLY HAGLUND GARNSEY&KAHN LONGMONT CO 80504 1441 EIGHTEENTH STREET STE 300 DENVER CO 80202 FREDERICK L GINSBURG P O BOX 697 KRIS PICKETT PARKER CO 80134 PICKETT ENGINEERING INC 808 8111 STREET GREELEY CO 80631 WESTERN MUTUAL DITCH COMPANY c/o P ANDREW JONES LIND LAWERENCE&OIIENHOFF LLP 1011 ELEVENTH AVE GREELEY CO 80631 NORMAN&JUDITH SWANK 16543 WCR 23 PLA I I hVILLE CO 80134 Hello