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Home My WebLink About861353.tiff OF.00Cp t . F • O DEPARTMENT OF NATURAL RESOURCES N • - * - Q—p * David H.Getches,Executive Director 1 w * MINED LAND RECLAM 6NT01 spit,' OCT 1 ; 1t 1876 DAVID C. SHELTO N, Director �9N7 r �" .�C` 6L .. -- , L Richard Governor Lamm �/ PC •I I , Governor j , FIE •—,_ 'i �� Y'"i" October 6, 1986 — ! OCT 1 O SS6►t - Tectonic Construction Co ` 11 1950 W Dartmouth _, "ON Englewood, CO 80110 �� Ca <3 Re: Bailey Pit, Succession Approval , Permi� . -:4-099, Revision No. S0-01 Dear Sirs: On September 25, 1986 the Colorado Mined Land Reclamation Board approved the succession of operators from J-Bar-B Inc to Tectonic Construction Co for this operation. Tectonic Construction Co is now the permitted operator of the Bailey Pit, and as such, is responsible for all provisions in Permit No. M-84-099, as well as those specified in the Minerals Rules and Regulations. J-Bar-B Inc is relieved of all responsibilities concerning this operation (See Mineral Rules and Regulations Number 1 .7). The Division would like to remind you, as the permitted operator, about a few things we feel are important: 1 . All of the application materials, as amended and supplemented, are an integral part of your permit. They have been incorporated into the permit by reference. We presume that you have a copy of all of these materials; therefore, none have been enclosed with this mailing. We suggest that you keep a copy of the permit and the permit application at the mining operation as a reference for operating personnel , to help ensure compliance with the terms of the permit. 2. Changes in the mining and reclamation operations that differ from those described in the permit may require a revision to the permit. We suggest consulting the Mineral Rules and Regulations and/or contacting us to determine if a revision to the permit is necessary. Rule 1 .8 pertains to Amendments, Rule 1 .9 to Technical Revisions, and Rule 1 .10 to Conversions. 3. On your permit anniversary date each year, you must submit an annual fee and annual report to us. Please consult Rule 3.4 for 110 Mineral Permits, Rule 2.4 for 112 Permits, and Statute Section 34-32-116(1 )(a) for 111 Permits, for the specific annual report requirements applicable to your mine. If you have any questions, please do not hesitate to contact me. ASii 6 ncerely, J t-n`Y -9 tea; r-oi James B. McArdle I Reclamation Specialist ei15CI<I JBM/bdc 12486 861353 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 Sd�"zJ is- lam 8b _ _ _ _ _ of Coto �`l ��S DEPARTMENT OF NATURAL RESOURCES i * David H.Getches,Executive Director * �e� *, MINED LAND RECLAMAT ! ISION --- DAVID C.SHELTON, Director Richard D.Lamm ,-(firr—' Governor S PE pi. \ October 7, 1986 _ r(L LL VC - °CT101986► 'J- TFCTC11C 11 Tectonic Construction Co - c'o, -. -GTION 1950 W Dartmouth c:),CO 80110 / ; ;;;J Re: M-84-099- , Bailey Pit, Permit Issuance Dear On September 29, 1986, the Mined Land Reclamation Division found J-Bar-B Inc to have satisfied the applicable requirements of CRS, 34-32-101 et seq. for obtaining a mining and reclamation permit. Therefore, a permit Ti being issued. Two signed originals of the permit have been executed. We have kept one copy for our files and are enclosing one copy for your use. Please read the terms of the permit. It is your responsibility to comply with all of the terms of the permit. As a reminder, here are a few things we feel are important. 1 . All of the original application materials, as amended and supplemented, are an integral part of your permit. They have been incorporated into the permit by reference. We presume that you have a copy of all of these materials; therefore, none have been enclosed with this mailing. We suggest that you keep a copy of the permit and the permit application at the mining operation as a reference for operating personnel , to help ensure compliance with the terms of the permit. 2. Changes in the mining and reclamation operations that differ from those described in the permit may require a revision to the permit. We suggest consulting the Minerals Rules and Regulations and/or contacting us to determine if a revision to the permit is necessary. Rule 1 .8 pertains to Amendments, Rule 1 .9 to Technical Revisions, and Rule 1 .10 to Conversions. 3. On your permit anniversary date each year, September 29, you must submit an annual fee and an annual report to us. The annual fee for this permit is $00,350.00. Please consult Rule 3.4 for 110 Permits, and Rule 2.4 for 112 Permits, and Statute Section 34-32-116(1 )(a) for 111 Permits, for the specific annual report requirements applicable to your mine. If you have any questions, please contact me. Sincerely, ,4--;/(- g-----/ DAVID C. SHELTON Director Enclosures 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 .Oc-coto ( 64-"sOO DEPARTMENT OF NATURAL RESOURCES .F * David H.Getches,Executive Director * ;� " MINED LAND RECLAMATION DIVISION s i g76 * DAVID C.SHELTON, Director . v` ' Richard D.Lamm � .;-••`. t� Y'..; Governor s' c _ _ MINING AND RECLAMATION PERMIT - MINERALS OTHER THAN COAL Permit Number: M-84-099- Type of Permit: 112 Permit Date: September 29, 1986 (Anniversary date for annual report and fees purposes) THIS PERMIT is issued by the Mined Land Reclamation Board, Department of Natural Resources, State of Colorado. RECITALS A. J-Bar-B Inc (the "Operator") desires to conduct a mining operation known as Bailey Pit, for the purpose of extracting Sand And Gravel . B. On August 23, 1984, the Mined Land Reclamation Board (the "Board") approved the Operator's application for this permit, fixed the amount of the financial warranty and directed that this permit be issued upon the filing with the Mined Land Reclamation Division (the "Division") of performance warranty and financial warranty (or warranties) in the amount so fixed in form and substance approved by the Division. Said warranties have been filed with the Division. C. On August 23, 1984, the Board made the following findings: 1 . The application for this permit complies with the requirements of the Colorado Mined Land Reclamation Act, CRS, 34-32-101 et seq. , as amended, and with all applicable local , state and federal laws; 2. The operation will not adversely affect the stability of any significant, valuable, and permanent man-made structure located within two hundred feet of the Affected Land, except where there is an agreement between the Operator and the persons having an interest in the structure that damage to the structure is to be compensated for by the Operator; and 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 -2- 3. The proposed mining and reclamation operations can be carried out in conformance with the requirements of the Act. D. The Operator has made a showing satisfactory to the Board: 1 ) that it will employ, during and after its underground mining and/or surface operations, procedures designed to minimize environmental disturbance from such operation; 2) that it will provide for reclamation of the Affected Lands appropriate to the subsequent beneficial use of such lands; and 3) that, in the event of the failure of its proposed reclamation plan, it will take whatever measures may be necessary to assure the success of reclamation of the lands affected by such operations in accordance with the Act. E. A copy of the Operator's application, as amended and supplemented, has been approved by the Board and is, by this reference, incorporated herein. F. The Mined Land Reclamation Board advises the Permittee that all mining operators must comply with all applicable Federal , State and County statutes, including State water law. GRANT, CONDITIONS AND AGREEMENTS The Board, in reliance upon the representations and promises made in the permit application, as amended and supplemented, and the performance warranty, hereby issues a life of the mine permit to the Operator, to engage in the operations described in the application on certain lands lying in the County of Weld, State of Colorado. These lands are described in the permit application, as amended and supplemented, and are referred to herein as the "Affected Lands". This permit is issued subject to the following conditions and agreements: 1 ) The Operator will be bound by all applicable requirements of the Act, and all applicable rules and regulations of the Board, as amended from time to time, the terms of the permit application, the terms of the performance warranty, and the terms of the financial warranty filed with the Division. 2) The Operator will file with the Division its annual report and fees on each anniversary date of this permit. 3) If analyses of the mining and reclamation operation and the data collected through monitoring and experimentation by the Operator or monitoring by the Division indicate that the operation will not be able to comply with the requirements of the Act and applicable rules and regulations of the Board, the Operator hereby agrees to exercise its best efforts, after consulting with the Division, to modify the plans to correct such deficiencies in the future. Such modifications may require technical revisions or amendments to the permit. -3- 4) The Board, or its authorized representative may enter upon the lands of the operator at all reasonable times for the purpose of inspection to determine whether the provisions of the Act have been complied with pursuant to CRS 34-32-121 . 5) This permit may be revoked or suspended for non-compliance with the Act or applicable rules or regulations promulgated by the Board. 6) a) Pursuant to 34-32-118(5) of the Act, the Board has a right of entry to reclaim the lands affected by the operation. b) The Board will enter the lands to perform reclamation only if the Board has determined: i. that reclamation required by law to have been performed upon such lands has not been performed, and ii. that financial warranty forfeiture proceedings described in the Act or similar provisions of subsequent laws, if any, have been initiated. 7) The additional conditions set forth in the attached rider, if any, are incorporated herein by reference. / / a) Rider is attached. /XX/ b) No rider is attached. MINED LAND RECLAMATION BOARD COLORADO DEPARTMENT OF NATURAL RESOURCES DAVID C. SHELTON Director MOSES, WITTEMYER, HARRISON AND WOODRUFF, P. C. LAW OFFICES 1002 WALNUT STREET,SUITE 300 RAPHAEL J.MOSES BOULDER, COLORADO 80302 HUNTLEY STONE JOHN WITTEMYER _ 8762 COUNSEL (303)443- SPECIAL COUNSEL DAVID L.HARRISON ADDRESS CORRESPONDENCE TO: MONTANA COUNSEL CHARLES N.WOODRUFF MATTHEW W.WILLIq ROBERT E. L.BEEBE P.O.BOX 1440 502 SOUTH 19?�AVENUE, SLATE 305 DAVID M.BROWN BOULDER,CO 80306 BOZEMAN,MONTANA 59715 (40157 886-1373 TIMOTHY J.BEATOIV JAMES R.MONTGOMERY July 17 , , 1986 TIMOTHY R.BUCHANAN VERONICA A.SPERLING Department of Planning Services 915 10th Street Room 342 Greeley, CO 80631 Weld County RE: USR J-Bar-B, Inc. Gentlemen: Please find enclosed with this letter copies of (1) the Well Permit Application which was submitted to the Division of Water Resources in connection with the referenced matter, and (2) a copy of the agreement between the Applicant and the Central Colorado Water Conservancy District. I have spoken with Richard Stenzel at the Division of Water Resources , and he has told me that the well permit will be issued in the near future. At such time as it is issued, I will send you a copy. In the meanwhile, I am submitting the enclosed information to you as evidence of the compliance of J-Bar-B with condition no. 5 of the Resolution of the County Commissioners dated July 25, 1984. Thank you very much. V ry tru y yours, M SES, TT YER, ' RRISON B t ee e RELB:jk cc: Duane Messner, M.D. 5(x35,3 JUL 181986 P1-0 5q4 Weill Co. Planning Commissiw COLORADO DIVISION OF WATER RESOURC s 818 Co Bldg., 1313 Sherman St., Denver, Colons,s" (.1`\\ ration must PERMIT APPLICATION FORM complete where ( 1A PERMIT TO USE GROUND WATER applicable Type or (X) A PERMIT TO CONSTRUCT A WELL -`" print ,in BLACK FOR: ( ) A PERMIT TO INSTALL A PUMP INK. No'overstrikes or erasures unless ( } REPLACEMENT FOR NO. Z 7_5 fit] S♦ 43d. t Csw.w- initialed. (X1 OTHER nra .1 ~ is WATER COURT CASE NO. A 'b 's {Q � � 9 � 3,5,- (1) APPLICANT- mailing address FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN NAME _67_.liar_B I a Receipt No. STREET IBQ5 ,.K;$ i.ng Stmt Baste —^~ Dist CITY 1 kewood, CO Q2 .5 csta+et tziro CONDITIONS OF APPROVAL TELEPHONE NO. 3-1223 This 'Al II shall be used in such a way as to cause no material injury to existing water rights. The (2) LOCATION OF PROPOSED WELL issuance of the permit does not assure the applicant that n❑ injury will occur to 8r'othef VTsted .:Eater County +1$ right or preclude another owner of a vested water _ - right from seeking relief in a civil court action. N 1/2 2 of the SE '/4,Section 36 Twp 3 N , Rng 68 _ 6th P M NS, E.W+ (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm1 N/A Average annual amount of ground water 124- AF to be appropriated (acre-feet) Number of acres to be irrigated: VA Proposed total depth (feet): 20 - 30 feet Aquifer ground water is to be obtained from: —At1+�s ri eL1 Owner's well designation Bailey Pit QRQU 0 WATER T9 BE USEQ FOR: I )HOUSEHOLD USE ONLY -no irrigation ICI I ) QOMESTIC-,#11,y- I 1 INDUSTRIAL,4£4• •- r I LIVESTOCK #21: , . I I COMMERCIAL 141 ( 1 MUNICIPAL (861 I } MUNICIPAL (8) I XI OTHER (91 Wild l fe APPLICATION APPROVED DETAIL THE USE ON BACK IN (11) 141 DRILLER N/A PERMIT NUMBER _ DATE ISSUED Name _ EXPIRATION DATE + et — Stre tre C I 2 [1 (STATE ENGINE=. City ;state, TelPryhunt Nt. Lac No .J U L 181986 Weld Co. Planning Cammissiau OCATION OF THE IL.,r1OSED WELL and this area on (5) Tit Z.LL MUST 8E E._OGA I ryhich the water will be used must be indicated on the diagram below, by distances from section lines. Use the CENTER SECTION i1 section, 640 acres) for the well location. + — _i_ — + — -I— .— —4_ _.— + — -- — l NfA _ h. from M. Isn. ! riortth of south') r !4—.7--1 MILE.ma PUT--`si: j ft, from siC,Jil1! (Me or weal i' + + + + -r- t" + LOT BLOCK FILING is I I I I •t SUBDIVISION -- — NORTH SE+j I — + I I I I I I (71 �NeRTM+ _ + I 7.1 + + LOCATED pwner: 3 Bar H, Tnc. J —I Lei No.of acres 7 4 l] _ Will this hrf I z I tf In Q M Ill ' the only well on this tract? NO -1-- �- ri 03 I � a (8) PROPOSED CASING PROGRAM • SA ?_ I Plain Casing — —� — I — + 1 `- N/A in.from ft, to ft. I 4 , in.from .ft, to ft. + SOUTH SECT1oN LINE — -- Perforated casing +` I NJ% in. from ft.to ft. + , 4 `1' + in.from ft. to ft_ E I (9) FOR REPLACEMENT WELLS give distance t_ _ and direction from old well and plans for plugging — + -- t -- - -4— - ÷ — 4_ - t it: The scale of the diagram is 2 inches = 1 mile N/A Each small square represents 40 acres. — WATER EQUIVALENTS TABLE (Rounded Fieures1 -- An acre-foot covers 1 acre of land 1 toot deep I Cubr4 Ipot per.second Icfsl 449 galiont per minute Igrsrnl A larmly of 5 '.:I require trpproainnareIy 1 acre-foot of Walter per low 1 acre-foot . 43.560 cubic feet . 325.900 gallons — 1,000gprn pufrlped cunrinuoutly for one day produces 4.42 etre-feet. (10) AND ON WH CN R UN WATT i • Owneris): A g - No. of acres: Legal description: ' _ -- - I (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal netem to be used.The reclaimed ravel it will be used for wildlife. Lake evapora is_the only consumptive use associated with the reclaimed lake. (12) QIHER WATER RIGHTS used on this land, including unlit Give Registration and Water Court Case Number,: `t— Typo or right Used for(purpose) Description of land on which used HAYseed Ditch #74CW I57 2cfs Agriculture Sect. 36, Two 3 N Rng. 68 W 6th P.M. Rural Ditch 25 h Agriculture +t rt rI II ft . (13I THE A ANT(S) STATE(S) THAT THE INFOR ATI N FORTH HEREON IS ,6T .,� EST OF HIS KNOWLEDGE. . / -Z/-4 - ‘'..- egor+rrl rpm ii. A. tlCAlvfrs1 Hello