HomeMy WebLinkAbout920963.tiff REGULAR OPERATION (112)
RECLAMATION PERMIT
APPLICATION FORM
CHECK ONE: xx 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.
_____________________________ ________ __________ __
GENERAL OPERATION INFORMATION
Type or print clearly, in the space provided, all information described below.
1 . Applicant/operator name: Weld County, Colorado
1 . 1 Type of organization (corporation, partnership, etc. ) : Government
2. Operation name (pit, mine or site name) : Marick/Anderson Pit
2. 1 I .R.S. Tax ID No. or Social Security No. : 98-03551
3. Permitted Acres: 141.79 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 - Dry Pit
5. Name of owner of surface of affected land: Fred Marick
6. Name of owner of subsurface rights of affected land: Anderson/T.R. Inc.
If 2 or more owners, refer to Exhibit P.
7. Type of mining operation: xx 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) : x 6th (Colorado) 10th (New Mexico) Ute
TOWNSHIP (write number and check direction) : T 11 _ North _ South
RANGE (write number and check direction) : R 61 _ East _ West
SECTION (write number) : S 31
QUARTER SECTION (check one) : _ NE x NW _ SE _ SW
QUARTER/QUARTER SECTION (check one) : NE x NW SE SW
GENERAL DESCRIPTION:
(miles and direction Two miles northwest of Grover, CO
from nearest town and
approximate elevation) WCR 122 & 85 Elevation 5,100
r/1 .�,..—. ..
CC- i Ph. 920963
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9. Correspondence Information:
APPLICANT/OPERATOR (name, address, and phone of name to be used on permit)
Individual 's Name: Kenneth Schraeder - Supervisor
Company Name: Weld County - Mining Division
Street: P. 0. Box 758
City: Greeley
State: co Zip Code: 80632
Area Code: 303 Telephone: 356-4000, Ext. 4750
PERMITTING CONTACT (if different from applicant/operator above)
Individual ' s Name: Donald Carroll - Administrative Manager
Company Name: Weld County - Engineering Department
Street: P 0 Box 758
City: Greeley
State: Colorado Zip Code: 80632
Area Code: 303 Telephone: 356-4000, Ext. 4750
INSPECTION CONTACT
Individual ' s Name: Kenneth Schraeder - Supervisor
Company Name: Weld County - Mining Division
Street: P 0 Box 758
City: Greeley
State: Colorado Zip Code: 80632
Area Code: 303 Telephone: 356-4000, Ext. 4750
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:
920963
•
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10. Primary future Cropland(CR) _ Pastureland(PL) _ General Agriculture(GA)
(Post—mining) X Rangeland(RL) _ Forestry(FR) _ Wildlife Habitat(WL)
land use Residential (RS) Recreation(RC) Industrial/Commercial (IC)
(check one) : _ Developed Water Resources(WR) _ Solid Waste Disposal (WD)
11 . Primary present Cropland(CR) _ Pastureland(PL) _ General Agriculture(GA)
land use x 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 ) .
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 occur 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.
920963 .
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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.
920963
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4. 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.
Signed and dated this h day of 1RPi)) , 9�
Weld County Board of Commissioners Aiit/(/GZ
Applicant/Operator (� If Corporation Attest (Seal )
By: By: Qt `s
Title: Chairman j0/05/93 @arpma� nt
TowniCity-/County Clerk +O &an
State of i'1vi'_' "2djr
) es .
County of l/ POC
The foregoing instrument was acknowledged before me this —day of I9C71 ^_) , /999-
by George Kennedy as Chairman Of 'Board of County Commissiouers
Notary Public
MY COMMISSION EXPIRES JUNE 8, 1994
My Commission Expires:
(04/92) 2823E
920963
STATE OF COLORADO
MINED LAND RECLAMATION DIVISION of co`o'
Department of Natural Resources N$0,
W
1313 Sherman St., Room 215 **W9
Denver,CO 80203
303 866-3567 */e7e'*
FAX: 303 832-8106
Roy Romer,
Governor
Michael B.Long,
Division Director
PERFORMANCE WARRANTY
Operator: Weld County Road and Bridge, Mining Division
Operation: Marick/Anderson Pit
Permit No:
KNOW ALL MEN BY THESE PRESENTS, THAT:
WHEREAS, the Colorado Mined Land Reclamation Act, CRS as amended,
34-32-101 et in. (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, weld County (the "Operator") , has
applied for a permit to conduct a mining operation known as Marick-Anderson Pit
(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 Operator 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 Operator hereby gives the Board a performance warranty
pursuant to Section 34-32-117(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 .
h _ _ .. _ nn„tl/-2
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NOW, THEREFORE, the Operator 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 Operator 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 Operator promises the Board , pursuant to 34-32-112(1 )(d)
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
Operator 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 Operator' s obligation hereunder, which
shall extend to the reclamation of all such lands disturbed.
The obligation of the Operator hereunder is such that, if the
Operator shall successfully comply with the requirements of the Act,
applicable rules and regulations, and the permit, then the Board, upon a
finding that the Operator has so complied, shall release this performance
warranty, and the Operator from its obligation hereunder, to the extent that
the Board determines that such compliance has been accomplished. The
obligation of the Operator 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 Operator
has attached hereto its financial warranty, which may be amended from time to
time. The Operator 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.
If the Board determines that the Operator 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 Operator' s financial warranty shall be subject to forfeiture.
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.
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The provisions hereof shall bind and inure to the benefit of the
parties hereto and their successors and assigns .
SIGNED, SEALED AND DATED, this ,516 day of 6(, t,C.4) , 1 �
Weld County Board of Commissioners (SEAL)
ATTEST: Operator
WELD UNTY CLERK TO THE BOARD
C3Y; n�� By:
DEPUTY CLE TO THE BOARD Title: Chairman WD:
�
NOTARIZATION OF OPERATOR'S ACKNOWLEDGMENT
}STATE OF ( d Ar?
) ss .
COUNTY OF (1,( 2 C
The foreoin instrument was acknowledged before me this ` __ day
as Okia ; r4v.-0. ,.. of 7T7cctrcl c4 0-c I (Ic^urI .n7 c,.-,Hers
/
NOTARY PUBLIC C
IAY COMMISSION EXPIRES JUNE 8, 1994
My Commission expires :
APPROVED:
State of Colorado
Mined Land Reclamation Division
Mined Land Reclamation Board
By: Date
Division Director
(03/92)
6427F
920963
ADDITIONAL PROVISIONS
1. Term of Agreement. The term of this agreement shall be from the date of
execution to and until 10 years later, unless sooner terminated in
writing by either party. Said notice of termination must be received at
least ten (10 days prior to the stated date of termination.
2. Property Description. The Owner hereby agrees to grant to the County the
right to enter the following described property situation in Weld County,
Colorado:
T. R. Inc, Pit, Sec. 30 TlON R61W, Weld County Roads 122 and 85
61005 WCR 85
Grover. CO 80729
3. Royalty on Sand and Gravel. The County agrees to pay the Owner a royalty
of 45 cents per cubic yard for all material removed during the
term of this lease. Such royalty is to be paid on a monthly basis for
material removed.
4. Access, The Owner agrees to provide land for haul road and direct access
to the work area. The County agrees to construct and maintain said haul
road in good condition and to obliterate haul road at termination of this
agreement.
5. Books and Records. The County agrees to keep accurate records of all
material removed from said described lands and will, at all reasonable
times, make said records available to Owner for his inspection.
6. Notices. Any notice of termination or other demand by the Owner or the
County shall be in writing and forwarded by certified mail the following
address:
Owner: Cristie Nickles &
Barry Anderson
DBA T. R, Inc.
County: Weld County Roads & Bridges
P 0 Box 758
933 N. 11th Ave.
Greeley, CO 80632
:addprov.pds
9.4O963
AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD PURPOSES
THIS AGREEMENT, made this 9th day of September, 1992, by and between DBA
T.R. Inc. hereinafter referred to as Owner, of T,R. Inc. Pit, Sec. 30. Range
61 West, Township 10 North, Weld County Rd. 122 & 85, and the WELD COUNTY
ENGINEERING DEPARTMENT, for the benefit and on behalf of the Board of County
Commissioners, Weld County, Colorado, hereinafter referred to as Weld County.
WHEREAS, Weld County is in need of soil and/or gravel for the construction
of county roads, and
WHEREAS, Owner owns certain land on which there is soil and/or gravel
suitable for use in construction of county roads.
NOW, THEREFORE, Owner and Weld County agree that Weld County may use its
equipment to remove the soil and/or gravel from Owner's land.
Owner and Weld County also agree to the following provisions (if none,
write none) :
Weld County will take care of haul roads to and from Gravel pit, also any
cattle guards or fences to and from pit. Weld County will keep slopes on banks
so cattle won't fall over them. Weld County will try to prevent disturbance
of any more pasture land than is necessary.
Owner
WELD COU TY
9'40963
ADDITIONAL PROVISIONS
1. Term of Agreement. The term of this agreement shall be from the date of
execution to and until 10 years later, unless sooner terminated
in writing by either party. Said notice of termination must be received
at least ten (10) days prior to the stated date of termination.
2. Property Description. The Owner hereby agrees to grant to the County the
right to enter the following described property situation in Weld County,
Colorado :
Marick Pit Sec 31 R61W T1ON
Weld County Roads 122 & 85
3. Royalty on Sand and Gravel . The County agrees to pay the Owner a royalty
of .45 cents per cubic yard
for all material
removed during the term of this lease. Such royalty is to be paid on a
monthly basis for material removed.
4. Access . The Owner agrees to provide land for haul road and direct access to
the work area . The County agrees to construct and maintain said haul road
in good condition and to obliterate haul road at termination of this agreement.
5. Books and Records . The County agrees to keep accurate records of all material
• removed from said described lands and will , at all reasonable times , make said
records available to Owner for their inspection.
6. Notices . Any notice of termination or other demand by the Owner or the County
shall be in writing and forwarded by certified mail the following address :
Owner: Fred Marick
59703 WCR 87
Grover, CO 80729
County: Weld County Road & Bridges
P 0 Box 758
933 N. 11th Ave. 9O3963
Greeley. rn RnA19 JV
AGREEMENT FOR USE OF SOIL AND OR GRAVEL FOR ROAD PURPOSES
THIS AGREEMENT, made this 10th day of August , 1992, by and between
Fred Marick, Weld County Road 87, Grover, Colorado
hereinafter referred to as Owner, of Marick Pit, Sec 31, R61W, T10N Weld County
Road 122 & 85 , and the WELD COUNTY ENGINEERING DEPARTMENT,
for the benefit and on behalf of the Board of County Commissioners, Weld County,
Colorado, hereinafter referred to as Weld County.
WHEREAS, Weld County is in need of soil and or gravel for the construction of
county roads, and
WHEREAS, Owner owns certain land on which there is soil and or gravel suitable
for use in construction of county roads .
NOW, THEREFORE, Owner and Weld County agree that Weld County may use its equip-
ment to remove the soil and or gravel from Owner' s land.
Owner and Weld County also agree to the following provisions (if none, write
none) :
Weld County will take care of haul roads to gravel pit, also any cattle guards on
haul roads.
Weld County will keep banks of pit sloped so cattle won't fall over banks.
Weld County will try to prevent disturbance of any more pasture than is necessary.
Owner
WELD U Yf Q /
By.� Ye.CW,
940963
EXHIBIT L
Reclamation Costs - Finish Grading $2,000.00
Topsoiling $2,000.00
Fertilize $ 500.00
Seeding $ 500.00
Total Cost for Reclamation $5,000.00
Performance Warranty
920963
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