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Home My WebLink About20000608.tiff RESOLUTION RE: APPROVE CONSTRUCTION MATERIALS SPECIAL 111 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 Special 111 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 Minerals and Geology, with terms and conditions being as stated in said application, and WHEREAS, 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 Special 111 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 Minerals and Geology, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said application. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of March, A.D., 2000. BOARD OF COUNTY COMMISSIONERS W 1� D COUNTY, COLO O ATTEST: ftu l, ' �� lloa aA V, po arbara J. meyer, hair Weld County Clerk to the!= ;f� soy"�� ,� J. 9 �qa►- .i. 1�.lirJ L. Y .; . J. eile, Pro-Te BY may' iA� _� �� ' °�C Deputy Clerk to the Boa�� _ k .14,.4 �• - I-- eorge E. Baxter APPROVED'AS TO FORM: EXCUSED Dale K. Hall / / Glenn Vaac1' 2000-0608 EG0039 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Pin Department of Natural Resources Color St.,Room 215 Denver,Colorado 80203 Phone (3031866-3567 FAX:(3031 832-8106 DEPARTMENT C NATURA RESOURCE CONSTRUCTION MATERIALS SPECIAL 111 OPERATION Roy Romer Governor RECLAMATION PERMIT APPLICATION FORM James 5.Lochhead Executive Director Michael 8.Long. Division Director The application for a Special 111 Operation Reclamation. Permit contains four major parts: (1) the application form, (2) Exhibits A-L, Addendum 1, and any sections of Exhibit 6 . 5 (Geotechnical Stability Exhibit) , as required by the Office, and outlined in Rules 6 .1, 6.2, 6 .3, and 6.5, (3) the application fee, and (4) the Performance Warranty and if required a Financial Warranty. When you submit your application, be sure to include one (1) complete signed and notarized IVORY ORIGINAL and one (1) copy of the completed ivory application form, two (2) conies of Exhibits A-L, appropriate sections of Exhibit 6 . 5 (Geotechnical Stability Exhibit) , as required, a check for the application fee described under (4) below, and the fully executed Performance Warranty and Financial Warranty, if required. 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 the information requested below. 1. Applicant/operator or company name (name to be used on permit) : Weld County Public Works 1.1 Type of organization (corporation, partnership, etc.) : Government 1.2 I.R.S. Tax ID No. or Social Security Number: 846000811 2. Operation name (pit, mine or site name) : Pfannehecker Pit 3. Permitted acreage: 10.1± permitted acres 4. New Application $625 .00 application fee 5. Primary commoditie(s) to be mined: dirt -- 6. Name of owner to the subsurface rights of affected land: Philip Pfannehecker 7. Name of owner to the surface of affected land: - Philip Pfannehecker a. Names of the holders of any recorded easements on the affected land: Pnrinn nil rn 8. Type of mining operation: x Surface — Underground _ In-situ 9. Location information. The center of the area where the majority of mining will occur: COUNTY: weld PRINCIPAL MERIDIAN (check one) : g 6th (Colorado) _ 10th (New Mexico) _ Ute SECTION (write number) : S 1R TOWNSHIP (write number and check direction) : T 3 X North _ South RANGE (write number and check direction) : R Aa _ East. g West QUARTER SECTION (check one) : _ NE _ NW _ SE __x SW QUARTER/QUARTER SECTION (check one) : _ NE _ NW _ SE. X SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation) : 17 Fa't of Platteville. WCR 12. 3 mile east of WCR 49 Elevation - 4593' -- 2000-0608 -2_ L0. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: Steve Detienne Title: Foreman Company Name: Weld County Public Works Street: 1111 H Street, P.O. Box #Z58 City: Greeley State: CO Zip Code: 80612 Telephone Number: ( 47n ) - '15b-4nn( x 1750 Fax Number: ( 970 ) - 304-6497 PERMITTING CONTACT (if different from applicant/operator above) Contact' s Name: Greg Nelson Title: Supervisor Company Name: Weld County Public Works Street: 1111 H Street, P.O. Box #758 City: Greeley State: CO Zip Code: 80632 Telephone Number: ( 970 ) - 356-4000 X 3750 Fax Number: ( 970 ) - 304-6497 INSPECTION CONTACT Contact's Name: Title: Company Name: Street: City: State: Zip Code: Telephone Number: ( ) - Fax Number: ( ) - CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Telephone Number: ( ) - CC: STATE OR FEDERAL LANDOWNER (if any). Agency: Street: City: State: Zip Code: Telephone Number: ( ) - -3- 11. Primary future (Post-mining) land use, check one: Cropland(CR) _ Pastureland(PL) _ General Agriculture(GA)' y Rangeland(RL) _ Forestry(FR) _ Wildlife Habitat (WL) _ Residential(RS) _ Recreation(RC) Industrial/Commercial(IC) _ Developed Water Resources (WR) _ Solid Waste Disposal (WD) 12. Primary present land use, check. one: Cropland(CR) • _ Pastureland(PL) _ General Agriculture(GA) X Rangeland(RL) _ Forestry(FR) — Wildlife. Habitat(WL) _ Residential (RS) _ Recreation(RC) _ Industrial/Commercial(IC) Developed Water Resources (WR) _ Mining(MN) 13. Estimated beginning date of contract: 4/15/700(1 — 13 .1 Estimated completion date of contract: 7/15/2000 14. Maps & Exhibits: Submit two (2) complete, unbound copies of the following application exhibits: 6.3.1 EXHIBIT A - Legal Description and Location Map 6.3.2 EXHIBIT B - Site Description 6.3.3 EXHIBIT C - Mining Plan 6.3 .4 EXHIBIT D - Reclamation Plan 6.3 .5 EXHIBIT E - Maps, to include the location of any recorded easements 6.3 .6 EXHIBIT F - List of Other Permits and Licenses Required 6.3 .7 EXHIBIT G - Source of Legal Right-to-Enter, to include holders of any recorded easements 6.3 .8 EXHIBIT H - Municipalities Within a Two-mile Radius 6.3 .9 EXHIBIT I - Proof of Filing with County Clerk 6.3.10 EXHIBIT J - Proof of Mailing Notices of Permit Application 6.3 .11 EXHIBIT K - Terms of Governmental Contract 6.3 .12 EXHIBIT L - Permanent Man-Made Structures 1.6.2 (1) (b) ADDENDUM 1 - Notice Requirements (sample enclosed) 6.5 Geotechnical Stability Exhibit (as required) 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 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- 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; / l 5. It is your responsibility to notify the Office of any changes in your address or phone numberr. AIL 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 o€ the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, ,(��J c. the permit number. itA 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; tH 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 Rules and Regulations in effect at the time the permit is issued. Wfri 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, the percentage or stage of the contract which has been completed, and the date the contract is to terminate, is 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 1, 1995, the annual fee is for the period of July 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 an 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 permittee: the signing representative is authorized to sign this document when a power of attorney (provided by the partner(s) ) authorizing the signature of the representative is attached to this application. 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 Reclamatibn Board and Office's review and decision or appeals process, you may contact the Office at (303) 866-3567. -5- 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. All necessary approvals from local government have been applied for (Section 34-32.5-111(2) (c) (ix) , 'C.R_S- ;. 2. This entire mining operation will not affect more than 30 acres; • 3. 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 for a permit, (Section 34-32.5-115 (4) (e) , C.R.S. ) . (NOTE: For 110 operations, the affected area includes all lands delineated by the permit boundary.) 4. No mining operation. will be located on lands where such operations are prohibited by law (Section 34-32-115 (4) (f) , .C.R.S.) ; 5. 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. 6. 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 1984,. as amended. Signed and dated this 13th day of March , 2000 -7€51/;A1/2, Ic �i,'k-+ _ � .� �L--- If Corpor- t:on e ) a - Applicant/Operator 4 _ Signed: Barbara J. Kirkmeyer Signed: ' / — Title: Chair, Weld County Board of Commissioners TwatiRikyiftwayxakeak Deputy Clerk to the Board State of Colorado ) ss County of Weld S ' y. P4,`', The foregoing instrument a,,acknowledgk' )'tyfore me this 13thday of March , 2000 , j CAROL A. : + the Weld County Board by Barbara J. Ki kme er 1 HMD![i`agr of of Commissioners • OFC ( yri. _(?t'. t.mot-7 /c1_- _tx, z C.'Z`,r My Conernissbn EON,111198 2002 Notary Public_ . My Commission expires: SIGNATURES MUST BE IN BLUE INK 01/27/97 2822FCo.111 Hello