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Home My WebLink About921310.tiff IIMEMOMIMIM • M ONIMIIMM TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development June 22, 1992 Weld County Commissioners 915-10th Street Greeley, CO 80631 Certified Receipt #P 992 068 159 Dear Gentlemen: In conformance with the rules and regulations established by the Mined Land Reclamation Board, the attached notice is being sent to you in order to inform you of the application of 83rd Joint Venture Resources to mine sand and gravel at or near Section 35, Township 6 North, Range 66 West of the 6th P.M. , Weld County, Colorado. Should you wish to obtain additional information regarding the project, you may contact any of the individuals indicated in the notice or Gary Tuttle of this firm. Written responses must be forwarded to the Mined Land Reclamation Division by August 7 , 1992 . Sincerely, TUTTLE APPLEGATE, INC. Cheryl. Rains Office Manager CR Encs. cc: File #92-106A PL0885 pLO5 . 921310 D hitcetow(-) cc gc--i 1147t11990 Grant Street, #410 Telephone: (303) 452-6611 Denver, Colorado 80233 Facsimile: (303 ) 452-2759 PUBLIC NOTICE 83rd Joint Venture Resource; P. O. Box 3178; Greeley, CO 80633 has filed an application for a Mining and Reclamation permit with the Colorado Mined Land Reclamation Board under provisions of the Colorado Mined Land Reclamation Act. The proposed operation is located at or near Section 35, Township 6 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado. The proposed date of commencement is August, 1992 and the proposed date of completion is August, 2008. The proposed future use of the land will be residential. Additional information and tentative hearing date may be obtained from the Mined Land Reclamation Board; Room 215, 1313 Sherman Street; Denver, Colorado 80203, (303 ) 866-3567, or Weld County Clerk and Recorder, 915 Tenth Street; Greeley, CO 80631 or the above named applicant. Written comments must be filed with the Mined Land Reclamation Board by 5: 00 on August 7, 1992 . First Publication - June 19, 1992 Second Publication - June 26, 1992 Third Publication - July 3, 1992 Last Publication - July 10, 1992 EXHIBIT A LEGAL DESCRIPTION That portion of Section 35, Township 6 North, Range 66 West of the 6th Principal Meridian in the County of Weld, State of Colorado more particularly described as follows: Considering the West line of the Southwest Quarter of said Section as bearing South 1°09'16" West with all bearings contained herein relative thereto. Beginning at the West Quarter corner of said Section 35; thence along the West line of said Section South 1°09'16" West 1038.27 feet to a point, said point bears North 1°09'16" East 325.00 feet from the South- west corner of the North Half of the Southwest Quarter of said Section; thence parallel with the South line of the North Half of the Southwest Quarter of said Section South 89°31 '58" East 180.00 feet ; thence parallel with the West line of the Southwest Quarter of said Section South 1°09' 16" West 325.00 feet more or less to the South line of the North Half of the Southwest Quarter of said Section; thence along said South line South 89°31 '58" East 2571 .51 feet to the Southeast corner of the North Half of the Southwest Quarter of said Section; thence along the South line of the North Half of the Southeast Quarter of said Section South 89'32'00" East 1826.66 feet more or less to the West line of that certain parcel of land described in Deed recorded in Rook 1608, Page 389 records of said County; thence along said West line North 0°15'00" East 492.88 feet more or less to the South Right-of-Way of the Colorado Southern Railroad; thence along said Right-of-Way North 72°22'19" West 4765.15 feet more or less to the West line of said Section; thence along said West line South 1°12'33" West 535.75 feet to the point of beginning. Above described parcel contains 124.180 Acres more or less. EXHIBIT B . • • R66W� L1 _ �� 4 \*„ 169. /;� (trite. • ' se'''''-----.—.:it:. •. r I.670. • .. I 'I / (try :i m \� 11660 • CACHE O °. vunE , qI COw=-:tjy • / �'' 116'�O = r� 4685 1) H ERN 11 R 1 I c _ — rht 3a © © y N 3- SITE LOCATION 36 • 693 v. P aa6a E.e F STREET °: v. spth.: Ill Q I Trailer ; T5N Q> '� Park = 0 i / I JA . �r'� E�� TrParker 1.� r, , e c___,ii: Gr7 1 i14 1. `, G • t •O 8 . • Y P • - � ;� •« „ r Il�l�3 la Sal Q .5 it ►�� ifr ° ire-m , _ -� t tw it F `. rT , EY '4 % ) vl u. � rb I, ach 0 2000 ED V-2000' N / TUTTLE APPLEGATE, INC. VICINITY MAP ,.=. 11990Y isant met ism Suite 410 11990 Grant Street, 410 - -- - lE Denver,Colorado 60233 1303)452-6611 JOB NO : ' 2- /op TUTTLE APPLEGATE, INC. Consultants for Land and Resource Development fJ TELEPHONE: (303 ) 452-6611 PAZ: (303 ) 452-2759 11990 Grant Street; Suite 410; Denver, CO 80233 LETTER OF TRANSMITTAL DATE: Q /z.q Iq7i PROJECT: g7J O OeuclurLf. TO: 614OE. bo +l, 3 raA, (?, o, a* MS 4174 iJty , 6O `5 3Z WE TRANSMIT: THE FOLLOWING: FOR YOUR: (z Attached ❑ Prints ❑ Use ❑ Under Separate Cover ❑ Originals ❑ Approval ❑ Information Below �l Copy of Letters 14 Information ❑ ❑ Applications ❑ Review & Comment ❑ Specifications ❑ Material Returned ❑ Recording Mylars ❑ Signature & Return ❑ Change Order ❑ Number of Copies Dated Sheet No. Description Remarks: rP1 teat ?Ica fht-tt_ at,G.cn. sn1 t��1e1rN OuiZ (.. t_ b1 6peLackl edec.tit-4_b-D t?.fz," 11" ►app}tcc1ron o,vo.t'lcllt 1-oe. Fab]1G etjf .�.� . Copy to: Copy w/Enclosures to: j....- 1(2)(Q Signed: ?am ( Q£.. PC, 10 amomon _ J TUTTLE APPLEGATE, INC. Consultants for land and Resource Development September 17, 1992 Ms. Loraine Stepenske Division of Minerals and Geology 1313 Sherman Street, Room 215 Denver, CO 80203 RE: M-92-069, 83rd Joint Venture Resource Dear Loraine: On behalf of the applicant we request an extension of the decision date to October 23, 1992. In addition, we waive our mandatory decision time period in this situation to continue the decision date. This continuance will allow us additional time to respond to your adequacy review, especially with regard to wells. Cordially, TUTTLE APPLEGATE, INC. o7 ..J7U Gary /J. Tuttle GJT/sjr cc: File #92-106 Carl Hill, 83rd Joint Venture 11990 Grant Street, #410 Telephone: (303 ) 452-6611 Denver, Colorado 80233 Facsimile: (303 ) 452-2759 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY — Department of Natural Resources oF cot � o4 1313 Sherman 5t., Room 215 •� . Denver,CO 80203 .1876 Phone:(3031 866-3567 FAX:(3031 832-8106 Roy Romer Governor RECEIVED Michael B.Long Division Director September 15, 1992 sEP 1 7 1992 Mr. Gary Tuttle Tuttle-Applegate, Inc. 11990 Grant Street, Suite 410 Denver, Colorado 80233 RE: Adequacy Review, 83rd Joint Venture Resource, M-92-069 Dear Mr. Tuttle: The Division has not received a response to the August 19, 1992 Adequacy Review letter of the permit application for 83rd Joint Venture Resource. The decision date for this permit is September 21, 1992. If the Division does not receive by September 21st a response to the adequacy comments or a request in writing for a time extension the permit may be denied. In addition to previous adequacy comments the Division requests from the operator a commitment that not more than 30% of the total number of trees and shrubs shall be of any one species (Rule 6.5(1)). If you have any questions please contact me. Sincerely, Lorraine Stepenske Reclamation Specialist LS/yjb m:\oss\yjb183rd White - Public File Yellow - Operator Pink - Correspondence File 2.(06 �1 RECEIVED STATE OF COLORADO ';�r , p AUG 2 7 1992 Roy Romer, Governor •4701 � �L ciao DEPARTMENT OF NATURAL RESOURCES � / � MINED LAND RECLAMATION DIVISION ... , FRED R. BANTA, Director �r 1" MINERALS PROGPAM INSPECTION REPORT417 The Mined Land Reclamation Division has conducted an inspection of the mining operation noted below. This 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 and suggests corrective actions and/or 3) Possible violations to be considered for possible enforcement action by the Mined Land Reclamation Board. OPERATORS SHOULD DEAD THIS REPORT CAREFULLY BECAUSE IT MAY REOUIRE CORRECTIVE ACTION AND/OP RESPONSES TO THE DIVISION IH ORDER TO AVOID CONSIDEFAiION OF POSSIBLE ENFORCEMENT ACTION BY THE MINED LAND RECLAMATION BOARD. /� Mine Name: a-, =� T. V V. Qe ,zce �J; Operator: ed.4 j/ Ae/jy q £2, County: �() d Mineral : S Dsl Type of Operation: / .,, 62 ....) alo,„" / Inspector(s): �.t /i729u.4 /,cO/^r-22/ c Skre MINE ID # OR PROSPECTING ID #:/ - /cc - _Oh IP' n.—— PFID1 PFID2 PFID3 CL-ID INSPECTION DATE Oir/ZO/1 Z INSPECTOR'S INITIALS E,. TIME OF DAY (MILITARY)y/ /I : /1 INSPECTION TYPE CODE(1 )P' � ri POST INSP. CONTACTS12 4V JOINT NSP. AGENCY CODE( al_ REASON FOR INSP CODE(3 L E OP. REP. PRESENT CA /"1_ / 1J _ HEATH" CODETrb. A 1. INSPECTION TYPE CODE - [CL-IN: IL=Illegal Operation, MI=Monitoring, MP-Mineral Prospect, SI-Surety-Related, PP=Pre-operation] . 2. POST INSPECTION CONTACTS AND JOINT INSPECTION AGENCY CODE - [CL-AG: NO=None, BL=BLM, CH-Health Dept., CL=Land Board, CT=Citizen, CW-Wildlife, FS-Forest Service HW=Hwy. Dept. , LG-Local Government, SE=State Engr.] 3. REASON FOR INSPECTION CODE - [CL-RS: AG-Other Agency Reduest, CT-Citizen Complaint 1E-Normal I&E Program!, HP = High Priority, PY = Priority] 4. WEATHEP CODE - [CL-WE: CL=Cloudy, CR-Clear, IN=Inclement -Prevented Inspection, RN-Paining, 3N-Snowing, WO=Windy] This checklist identifies the environmental and permit parameters inspected and gives a categorical evaluation of each. IF PB OP PV IS INDICATED, YOU SHOULD READ THE FOLLOWING PAGES CAREFULLY IN ORDER TO ASSURE COMPLIANCE is indicated, you will be notified under separate cover when the Mined Land Declamation Board will consider possible enforcement action. (/ GENERAL INSPECTION TOPICS / (AR)RECORDS ! _ (FN)FINANCIAL WARRANTY... M'/49. (RD)ROADS 1 (HB)HYDRCLOGIC BALANCE 1 (BG)BACKFILL & GRADING... // (EXIEXPLOSIVES.... A (PWIPROCESSING WASTE/TAILINGS /4/7 (SF)PROCESSING FACILITIES (TS)TOPSOIL -m- (MP)GENERAL MINE PLAN COMPLIANCE 4_ (FWIFISH & WILDLIFE &/ fz (RVIREVEGETATION.. 41446/__(ES)OVERBUROEN/OEV. WASTE �Lrja (SC)EROSION/SEDIMENTATION 11_ _ (P.SIRECL PLAN/COMP (AT)ACID OR TOXIC MATERIALS N.± (OD)OFF-SITE DAMAGE /z a (ST)STIPULATIONS.. ,t/d_ Y = Inspected and found in compliance, PV = Inspected and Possible Violations noted, PR = Inspected and Problems noted, N = Not Inspected. HA = Not Applicable 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203-2273 Tel. (303) 866.3567 / ( �y7 1 L q (PAGE n 2) q MINE ID # OR PROSPECTING ID 4:!'/ - L1 - L - INSPECTION DATE 0 L/ T /1Z INSPECTOR' S INITIALS /-- ...5. OBSERVATIONS c1'15�2-ci dJKent �tw a- ee -.... -'te 7..e.7- (,0, A. &�C� #4ej, '? - & I 2,7,7- R: ✓cam, ,7 — ,, 1 l� a- adre4z-t5k ) o4, =c iriti, nt...) -a, 33 jr 1/i (X.t �1. L,cLe t� ,a-de 7;Ot-rt et.--j Lc t 1 -5:12...e. , Clicd n.ee ,Qe-'-c-Q s;fe- v h'- n ez,,ef, " c-t€ai 4-.z- jalear-t ad-, /7aSdzc4t%, 727a-,-- - )71 eget 514)-44.C-ticv+A%c/ 5,/e'c2 (O,}74 Jcio r , u cut€ed p -t- .er r'', 5 ate. a > > 4,,,e4Jiti4) .Lx en SS`ow(.y%�-e-e-.Ue 2 Ge)el - F- /cent) erecao- an, ,4r-c-ft, g4.,, �� - 0f aA J.,tie,.- te,,,,. F a t �- /e2' °�/ 3.:i y 1 -' a s o•-e. 7,e,c O airy. ,a/zeit-.0-7 tt-e' 4-e-c74-e- itter,Liee, 4 -etc, 0/P-15/-nti , dedite.,, 7 7'Iran) &Ø?Ceri,/l ;71 v c' ✓ ie%iJ a,..41, '.ttrt-:- 77nt _j � S sr to , 02.41 u 'Cli /l e:ea c,I e- 47U2 - Ott (' 14117 Arete:41±71‘ Cteeeg:ii V's lett:----t Watt& 476-234 (� /�/ Z) I & E Contact Address �J T ' ,� NAME [ .1�L 't . , CC: `c�F4z � / E OPERATOR G<�G�'-4&n?_ 6 Pf/7 .9 C L. STREET C470, e 3/8/ .) ^�i CITY/STATE/ZIP G0 & e' -�7/ -7r ' °' -3/ 1 j fr:,,) ti /",_ _,- 5149F Li t 1 1 , STATE OF COLORADO MINED LAND RECLAMATION DIVISION of Coto Department of Natural Resources "er 1313 Sherman St., Room 215 Denver,CO 80203 . ,m . 303 866-3567 'Ian• FAX: 303 832-8106 Roy Romer, Governor Michael B.Long, Division Director August 19, 1992 RECEIVED AUG 2 1992 Mr. Gary Tuttle 4 Tuttle-Applegate, Inc. 11990 Grant Street Denver, Colorado 80233 RE: Adequacy Review, 83rd Joint Venture Resource, File No. M-92-069 Dear Mr. Tuttle: Enclosed are adequacy review comments for the above-referenced permit application. Please respond to these concerns by September 8, 1992 to ensure the permit can be issued by the due date of September 21, 1992. 1 . Rule 2.1 .2(4)(a) requires a map on which all immediately adjacent surface owners of record are legibly portrayed. You have listed property owners within two hundred feet, but Exhibit C Map does not indicate the limits of each owners property. Exhibit C Map does not show a two hundred foot perimeter from the affected area. All man made structures as well as the name and location of all creeks, roads, buildings, oil and gas wells and lines, and power and communication lines on the area of affected land and within two hundred feet of all boundaries of the affected area must be legibly portrayed (Rule 2.1 .2(4)(b) and (g)). 2. A two hundred foot setbabk is indicated from the affected area to residences in the SW and SE corners, however, the topsoil stockpiles being proposed are within the two hundred foot limit. Section 115(4)(d) of the Act states that where the mining operation will adversely affect the stability of any significant, valuable, and permanent man-made structures 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. Exhibit D states the existing house on the west side of the property may be used as an office or storage area, however, it is not clear if this residence is owned by 83rd Joint Venture Resource. The Division needs signed agreements with the owners of these two residences (or any additional Mr. Gary Tuttle 2 August 19, 1992 property owners shown on a revised map) that may be impacted or within the two hundred foot perimeter from stockpiling activities or any other affected land. 3. The Division must also receive the following agreements between the operator and: a) The Weld County Board of Commissioners regarding a twenty- five foot setback from the right-of-way of F Street; b) Bellweathers Exploration Company and Colorado & Southern Railway regarding mining within two hundred feet of these structures, and; c) The Boyd Freeman Ditch Company concerning ditch relocation. A map showing the relocation should accompany this agreement. 4. Similarly, agreements between the operator and owners of wells that may be impacted by the operation citing compensation/mitigation must be received by the Division before a permit can be approved (Section 115 (4)(d) of the Act. Ground water issues will be addressed later in this letter). 5. The letter from the Colorado Historical Society following Exhibit Q in the application recommends a professional archeological survey be conducted to identify any cultural resources in the project area which are eligible to be listed in the National Register of Historic Places. A permit can be issued with the stipulation that a cultural survey will be conducted and reviewed by the Colorado Historical Society prior to any mining activity. 6. First paragraph, Exhibit D, states the property is located East of the intersection of I street and 35th Avenue on the west side of Greeley, Colorado. This should read "West" of the intersection. Exhibit D states that an asphalt batch plant may be moved onto the property occasionally for specific large projects. The applicant should be aware that this plant must be located within the "phased plant sites" as designated in Exhibit D. Sequence of Mining, part three states a dewatering ditch on the perimeter of the mining phase will be constructed and groundwater leaking into the dry ( _ r Mr. Gary Tuttle 3 August 19, 1992 pit will be directed toward the dewatering pump. The operator cannot expose groundwater or dewater the area until an approved augmentation plan and well permit(s) have been obtained from the State Engineer's office. Please provide DMG with proof that the operator has submitted the augmentation plan and well permit application(s) to the State Engineer's office. 7. In Exhibit E it is unclear if "non-marketable material and overburden" being replaced at an even depth of 6 to 9 inches is topsoil, or if these materials are additional and will underlay the SCD recommendation of 8-12 inches of topsoil. Please clarify. This greater topsoil depth recommended by the SCD would enhance reclamation efforts on the site and may aid in greater vegetative cover and thus faster bond release. 8. It is proposed in Exhibit G that total consumptive use both during and after mining will be provided by existing water rights to the property. The post- mining land use will be residential with two lakes of 67.1 total acres hydraulically connected to the alluvial aquifer. The potential impact to well owners within the 4,000 foot perimeter (Exhibit G-1) needs to be addressed specifically by: a) Providing baseline data, seasonally, to determine on-site groundwater level, temperature and conductivity; b) Mapping the location of each well within this 4,000 foot area (the parcel designation is not adequate); and c) Providing the Division with written agreements between the operator and all well owners as to possible compensation for damages (Section 115(4)(d) of the Act). The 4,000 foot perimeter will serve as a designated boundary unless additional downgradient drawdown is identified through monitoring and mitigation is required beyond this boundary. 9. The operator proposes in Exhibit G, Mitigation of Impacts to Well Owners, a series of five monitoring wells to be read bi-monthly for groundwater depth. As stated above, these wells should be monitored bi-monthly and seasonally for ground water level as well as temperature and conductivity. Thereafter, water level stability should determine monitoring frequency. Data from on- site well monitoring as well as monitor-data in adjacent owners' wells shall Mr. Gary Tuttle 4 August 19, 1992 be provided concurrent with the monitoring program. Monitoring well locations should be mapped and provided to the Division. The proposed mitigation program of modifying existing wells or drilling new wells to produce water of the same quality and quantity should include all wells under agreement with well owners. Determination of mitigation based on abandonment or "prior beneficial use' needs to be addressed by the operator and the well owner. Please contact the Office of the State Engineer if you have a problem. In Exhibit G, information on recharge ponds as mitigation to impacted well owners is inadequate. A design by a professional engineer should be submitted with discussion of the following specifications and capabilities: embankment stability, materials and slope; holding capacity in acre-feet; rates of transmissivity, hydraulic conductivity and recharge rate to impacted wells. Projected locations should be given. 11 . In Exhibit L you have calculated major disturbance reclamation costs for this phased operation to be $37,763. I have calculated these costs at $60,051 .91 which includes the costs of mobilization and demobilization of equipment to the site, plus 15.8% to indirect costs. This figure does not include costs to reclaim recharge ponds proposed in your mitigation plan to adjacent well owners. When the Division receives specifications for these ponds a new financial warranty will be calculated. 12. Proof of actual delivery or proof of mailing by certified mail to Weld County Commissioners and the Soil Conservation district cannot be verified by the receipts for certified mail. You need to submit stamped or signed return receipts as proof of mailing by certified mail (Rule 2.1.2(18), Exhibit R). 13. Rule 2.2.2(4)(6) requires that immediately after the first publication of the public notice copies be mailed to a) all owners of record of surface rights to the affected land, and b) all owners of record of lands that are within two hundred feet of the boundary of the affected land. Proof of a publication and proof of mailings by either return receipt of a certified mailing or proof of personal service must be provided to the Division before the application can be approved. To adequately review your responses to the adequacy review, the Division must receive the required information by September 8, 1992. If we do not receive all the required information by that date, a new date may be set for consideration of Mr. Gary Tuttle 5 August 19, 1992 the application as provided for under Rule 1 .5(2). Also, as provided for under Rule 1 .5.(1) all changes and additions to the permit application must be filed with the Division, and with the County Clerk and Recorder. The applicant shall also provide the Division with an affidavit or receipt demonstrating that the change was filed with the County Clerk and Recorder not later than the close of business on the day the change was filed with the Division. Any change or addition to an application shall constitute an amended filing for purposes of determining the date for the consideration of the application by the Division, and for the deadline for a final decision on the application. Within five (5) working days of an amended filing, the Division shall set a new date for the consideration of the application. If you have any questions, please do not hesitate to contact me. Sincerely, Lorraine Stepenske Reclamation Specialist LS/yjb m:\oss\yjb\adq83rd STATE OF COLORADO MINED LAND RECLAMATION DIVISION boo o9<O q9 Department of Natural Resources 1313 Sherman St., Room 215 ' . — Denver,CO 80203 - - - . * 303 866-3567 ./676". FAX. 303 832-8106 Roy Romer, Governor Michael B.Long, Division Director Notice of 112 Regular Reclamation Permit Application Consideration DATE: June 23, 1992 TO: Weld County Planning Department 915 10th St Greeley, Colorado 80632 FROM: Ca(t 819019yInt, Senior Reclamation Specialist RE: Bestway Paving Company, 83rd Joint Venture, File No. M-92-069 Please be advised that Bestway Paving Company, whose address and telephone number are 131 N 35th Ave, P O Box 3189, Greeley, CO 80633; (303) 353-1654, has filed an application to conduct surface mining and reclamation, at or near Section 35, Township 6N, Range 66W, 6th Prime Meridian in Weld County. The application decision is scheduled for September 21 , 1992. Copies of the application are available for review at the Weld County Clerk & Recorder' s office and at the office of the Colorado Mined Land Reclamation Division, Room 215, 1313 Sherman Street, Denver, Colorado 80203. All comments or objections must be submitted in writing and received by the Division no later than 20 days after the date of last publication in order to be considered in the application review process . /BDC 8030G c.C ; P L. , t G-, C,9 Hello