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Home My WebLink About941591.tiff_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 4 NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS Weld COUNTY Twin Peaks Excavating, Inc. (Operator) has applied for a reclamation permit from the Colorado Mined Land Reclamation Board ("the Board") to conduct mining operations in Weld 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 Colorado Mined Land Reclamation Division ("the Division") and the local county clerk and recorder. The applicant proposes to reclaim the affected land to water ctnrage/rarrpation. Pursuant to C.R.S. 34-32-116(7)(j) the Board is required to 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 C.R.S. 34-32-112(10) . If you would like to discuss the proposed post-mining land use , or any other issue regarding this application, please contact the Colorado Mined Land Reclamation Division, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567. NOTE TO 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 either attach a copy of the changes , or attach a complete and accurate description of the change. 1307F-8 FN- 0 n) PL0970 941591 /ableabbe Ae vier 0.3)147W ac- /y,4 E6 dA- REGULAR OPERATION (112) RECLAMATION PERMIT APPLICATION FORM CHECK ONE: xjx New Application (Rule 2) _ Amendment Application (Rule 1 .8) Conversion Application (Rule 1 .10) The application for a Regular Operation Reclamation Permit contains three major parts: (1) the application form; (2) Exhibits A-S; and, (3) the application fee. When you submit your application, be sure to include one (1) signed original and four (4) signed copies of the application form, five (5) copies of Exhibits A-S, and a check for the application fee described under Section (14) on Page 3. To expedite processing, please provide the information in the format and order described in this form. _ _____=====s=======am=========___===-------=a= GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, all information described below. ______ 1 . Applicant/operator name: Twin Peaks Excavating, Inc. 1 . 1 Type of organization (corporation, partnership, etc. ) : Corporation 2. Operation name (pit, mine or site name) : Schell Pit 2. 1 I .R.S. Tax ID No. or Social Security No. : 840762319 3. Permitted Acres: 28.7 Permitted acres Please indicate acreage to the nearest tenth (10th) acre. 3. 1 Application fee (see Section 14) : $1,875.00 Application fee 4. Substance(s) to be mined (e.g. , gravel/gold/borrow): Gravel 5. Name of owner of surface of affected land: Judith Ann Schell 6. Name of owner of subsurface rights of affected land: Judith Ann Schell If 2 or more owners, refer to Exhibit P. 7. Type of mining operation: j Surface _ Underground 8. Location Information: the center of the area where the majority of mining will occur lies in: COUNTY: Weld PRINCIPAL MERIDIAN (check one): XX 6th (Colorado) 10th (New Mexico) Ute TOWNSHIP (write number and check direction): T 2 North South RANGE (write number and check direction): R 68 _ East 21 West SECTION (write number): S 17 QUARTER SECTION (check one): XX NE NW SE SW QUARTER/QUARTER SECTION (check one): XX NE _ NW _ SE SW GENERAL DESCRIPTION: (miles and direction 6 miles southeast of Longmont. North of Wald rnnnty from nearest town and approximate elevation) Road 20-1/2 and on the west bank of Boulder rrppk TA #93-170 -2— 9. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Individual 's Name: Kenneth Schell Company Name: Twin Peaks Excavating, Inc. Street: 11780 Wadsworth Boulevard City: Broomfield State: Colorado Zip Code: 80020 Area Code: 303 Telephone: 665-8785 PERMITTING CONTACT (if different from applicant/operator above) Individual ' s Name: Mike Applegate Company Name: Tuttle Applegate. Inc Street: 11990 Grant Street. Suite 410 City: Denver , State: Colorado Zip Code: Rn231 Area Code: 303 Telephone: 452-6611 INSPECTION CONTACT Individual 's Name: Kenneth Schell Company Name: Twin Peaks Excavating, Inc. Street: 11780 Wadsworth Boulevard City: Broomfield State: Colorado Zip Code: 80020 Area Code: 303 Telephone: 665-8785 CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Area Code: Telephone: CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Area Code: Telephone: -3- 10. Primary future Cropland(CR) _ Pastureland(PL) _ General Agriculture(GA) (Post-mining) _ Rangeland(RL) Forestry(FR) _ Wildlife Habitat(WL) land use Residential(RS) XX Recreation(RC) Industrial/Commercial (IC) (check one): _ Developed Water Resources(WR) _ Solid Waste Disposal(WD) 11 . Primary present _ Cropland(CR) _ Pastureland(PL) a General Agriculture(GA) land use _ Rangeland(RL) _ Forestry(FR) Wildlife Habitat(WL) (check one): Residential(RS) Recreation(RC) _ Industrial/Commercial (IC) _ Developed Water Resources(WR) 12. Method of Mining: _ Quarry (QR) _ Solution (SO) 12a. Other: Briefly explain mining method (e.g. Placer, truck/shovel ). Excavation with backhoe/truck for borrow 13. On Site Processing: Solution (SO) Chemical (CH) _ Thermal (TH) _ Heap Leach (HL) _ Vat Leach (VL) 14. Application Fee: The application fee for Quarry mining is $2,325. The application fee for Solution mining or any Chemical or Thermal Processing is $3,100. If none of these methods or processes are to be included in the operation then the application fee is $1 ,875. The application fee for conversion to a 112 permit is $1 ,500. 112 Amendment application fee is $1 ,550. An applicant will not be issued a reclamation permit until notified by the Division that this application and the required performance and financial warranties have been approved. Alternatively, an automatic approval will ' bccUr where the Division fails to notify the applicant/operator that the application has been denied. The final agency action must be made within 120 calendar days from the date the application was submitted. However, the performance and financial warranties must be approved by the Division or Board before a permit will be issued even if you receive an automatic approval . NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT IS ISSUED (Rule 7.2(2)). It shall be 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 Mineral Rules and Regulations in effect at the time the permit is issued. -4- Notice Requirements Immediately after the first publication of your notice in a newspaper of general circulation in the locality of your proposed mining operation, you must mail a copy of the notice to all owners of record of surface rights to the affected land and all owners of record of lands that are within 200 feet of the boundary of the affected land. Notice requirements are specified in Rule 2.2. A copy of a form which includes all required information for the notice has been attached for your use. You will need to provide the Division proof of notice prior to the decision date, which may be by submitting return receipts of a certified mailing or by proof of personal service (Rule 2.2.2(6)) . NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions, changes, and deletions to this document prior to final decision by the Mined Land Reclamation Board or Division. Therefore, if you have any comments or concerns , you should contact the applicant or the Division prior to the decision date so that you will know what changes may have been made to the application document. The Division 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 Division's review and decision or hearing process, you should contact the Division at (303) 866-3567. As an authorized representative of the applicant, I hereby certify that the operation described herein has met the minimum requirements of the following terms and conditions: 1 . This mining operation will not adversely affect the stability of any significant, valuable and permanent man-made structure(s) located within two hundred (200) fee of the affected lands. However, where there is an agreement that damage to the structure is be be compensated for by the applicant/operator (C.R.S. 34-32-115(4)(d)) , then mining may occur within 200 feet. Proof of an agreement must be submitted to the Division prior to the decision date. 2. No mining operation will be located on lands where such operations are prohibited by law (C.R.S. 34-32-115(4)(f)); 3. As the applicant/operator, I do not have any mining/prospecting operations in the State of Colorado currently in violation of the provisions of the Mined Land Reclamation Act (C.R.S. 34-32-120) as determined through a Board finding. 4522759 TUTTLE PPPLEGPTE 1110 959 P02 FEB 29 '94 ©9:35 -5- 4. Iunderstand 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. Signed and dated this )5$ day of ` �gqu Applicant/Operator If Corporation Attest (Seal) By: Kenneth Schell By: OYh[ro de ) Title: Prpcident Corporate Secretary or Equivalent Town/City/County Clerk State of Colorado ) ) ss. County of Weld ) The foregoing instrument was acknowledged before me this day of \g9‘'4E by Xnm^nD�.\-.SC�tS1Q as ‘os nh7� of \..wV Q.n.o1n.4 caa.ek �,—arv� Notary Publ c My Commission Expires: 3-akvk \ (04/92) 2823F EXHIBIT A LEGAL DESCRIPTION Lot B is a parcel located in the Northeast 1/4 of Section 17, T2N, R68W of the 6th Prime Meridian, Weld County, Colorado. The map describing the parcel was recorded in Book 1270 as Reception No. 2220722. Beginning at the northeast corner of Section 17 as bearing north 00°00'00"east with all other bearings contained herein relative thereto; thence S89°20'08"W, 263.51 feet to the Point of True Beginning, proceeding thence S11°10"30"W, 622.69 feet; thence S59°58'30"W,288.91 feet;thence S33°30'00"W, 157.69 feet;thence S30°12'00"W, 296.14 feet; thence S53°56'00"W, 580.53 feet; thence S00°17'00"W, 516.31 feet; thence S89°27'00"E, 155.64 feet; thence N04°49'00"W, 131.99 feet; thence N18°06'00"E, 60.22 feet; thence N50°10'00"E, 78.21 feet; thence N60°53'00"E, 202.55 feet; thence S47°14'00"E, 408.84 feet; thence N19°27'00"E, 187.26 feet; thence N30°30'00"E, 527.03 feet; thence N39°50'00"E, 201.97 feet; thence N31°04'00"E, 214.87 feet; thence N29°51'00"E, 192.91 feet; thence N32°34'00"E, 189.73 feet; thence N29°10'00"E, 104.43 feet; thence N08°14'00"E, 277.70 feet; thence N10°20'00"E, 133.48 feet; thence N27°51'00"E, 196.67 feet; thence S89°30'16"W, 327.96 feet to the northeast corner of Section 17. A non-exclusive access easement was recorded as a Corrected Recorded Exemption No. 1313-17-1-RE915 and is described on the following page. 5 : _ EXHIBIT A (Continued) Together with a non-exclusive easement for ingress and egress < for residential purposes as shown below. The maintenance of which r shall be shared equally between the owners of Exemption 1313-17-1- RE915, Lots A and B. A strip of land, 15.00 feet in width, extending from a line that bears N00'17'00"E, Westerly and Southerly to the East-West Centerline of Section 17, located in the NE1/4 of Section 17, T2N, R68W of the 6th P.M. , County of Weld, State of Colorado, said strip of land being 7.50 feet on each side of the following described Centerline: Commencing at the E1/4 Corner of said Section 17, thence N89.45'll"W, 1314.09 feet along the East-West Centerline of said Section 17 to the Southwest Corner of that tract of land conveyed to James M. Strahan and Linda L. Strahan as described in Warranty Deed recorded in Book 0979 at Reception No. 01906047 of the records of Weld County, Colorado; thence NO1'19'00"E, 623.89 feet along the West line of that tract of land as described in said Book 0979 at Reception No. 01906047 to a Northwesterly Corner thereof; thence 589'27 ' 00"E, 1.50 feet along the Northerly line of that tract of land as described in said Book 0979 at Reception No. 01906047 ; thence N00'17 '00"E, 97.04 feet to the TRUE POINT OF BEGINNING; Thence 558'33'00"W, 11.20 feet; Thence N87°49'00"W, 24.79 feet; Thence S02°11'00"W, 421.73 feet to a point of curve to the right; Thence Southwesterly, 77.49 feet along the arc of said curve to a point tangent said arc having a radius of 120.00 feet, a central angle of 37.00'00" and being subtended by a chord that bears S20.41'00"W, 76.15 feet; Thence S39°11'00"W, 121.53 feet to a point of curve to the left; Thence Southwesterly, 84.78 feet along the arc of said curve to a point tangent, said arc having a radius of 150.00 feet, a central angle of 32.23 '00" and being subtended by a chord that bears 522.59 '30"W, 83.66 feet; Thence 506'48 '00"W1 51.59 feet to the East-West Centerline of said Section 17 and the POINT OF TERMINATION. EXHIBIT B - iYJJ ' 1 I�/ 1 ): —1�-c WESTE _ — e 6REA 6 �Pi 14 J r • ?..%\--1 ! o 4 P _ ' • M HWY 116 <9: % ;s aep • -- --- • : .pfl�rtm Home . • - _a _ _ _ - -. IF �n7- I) „I, . et_, �= , ! tc.4 T2N 0 e 1 p / i M � o r SITE e, . l j N <ee0 ' f \ • , . 1 Y ,„ �I <9 0 Jem?' ' �• •• :11/ 'II et. WELD CO ROAD 20 1/2 \ 1 le9 4892 Y 9 lg 'q 17 _ ( ^ • R- ; C 1 .`Y ant, V co.V Ji r a°r� N9J)M.•ate ttp 7.2,_ 9s0 :,d, ll Ill/ ) .,., ) . liq / ..-•-":^_. rikr—V. ,.------... _ ..... ,r""•°•-- .--' LONGMONT, CO. USGS 7.6' QUADRANGLE TOPOGRAPHIC MAP e BM Di: ;K UV/B A p DATE: 8/4/93 0TUTTLE APPLEGATE, INC. SCALE: 1e=2000' GnuOeeeY far MN owl amerce aetlepYal JOB NO.: 93-170 ( .1 M0MitthNI.Suns 410 DRAWN BY: LLD �� _ O03)i52-an 6� HECKED BY: PLH SHEET: OF: Hello