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HomeMy WebLinkAbout941404.tiff NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS Weld COUNTY C & M Companies (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 Storage Resource 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 a,trwC, ibLifik,Aa 941ap♦ //3/9 REGULAR OPERATION (112) RECLAMATION PERMIT APPLICATION FORM CHECK ONE: _ New Application (Rule 2) XX 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: C & M COMPANIES 1 .1 Type of organization (corporation, partnership, etc.) : Corporation 2. Operation name (pit, mine or site name): Distel Farm Resource 2.1 I .R.S. Tax ID No. or Social Security No. : 84-0628969 3. Permitted Acres: 107.57 Permitted acres Please indicate acreage to the nearest tenth (10th) acre. 3.1 Application fee (see Section 14): $1550.00 Application fee 4. Substance(s) to be mined (e.g. , gravel/gold/borrow): Sand and Gravel 5. Name of owner of surface of affected land: Donald Sherwood 6. Name of owner of subsurface rights of affected land: Donald Sherwood 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 9 2, North South RANGE (write number and check direction): R 68 _ East X West SECTION (write number): S 7, 17, 18 QUARTER SECTION (check one): NE NW SE SW QUARTER/QUARTER SECTION (check one): _ NE _ NW _ SE _ SW GENERAL DESCRIPTION: (miles and direction Located adjacent to intersection of Boulder/Weld from nearest town and approximate elevation) County Line and Weld County Road #202, approximately 32 miles from Longmont, Colorado -2- 9. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Individual 's Name: James McFarland Company Name: C & M Companies Street: 7916 Niwot Road; P. 0. Box 490 City: Niwot State: Colorado Zip Code: 80544 Area Code: 303 Telephone: 443-1099 PERMITTING CONTACT (if different from applicant/operator above) Individual 's Name: Mike Applegate Company Name: TUTTIF APPIFGATF. iNr Street: 11990 Grant Street; Suite 410 City: Denver State: Colorado Zip Code: 80233 Area Code: 303 Telephone: 452-6611 INSPECTION CONTACT Individual ' s Name: Company Name: Street: City: State : Zip Code: Area Code: Telephone: 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 XX Residential(RS) Recreation(RC) Industrial/Commercial(IC) (check one): _ Developed Water Resources(WR) _ Solid Waste Disposal(WD) 11 . Primary present XXCropland(CR) Pastureland(PL) _ 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 by front-end loaders and crrap rc 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. -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. -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 d i dated this ____ day of 4-:'«_"(-cee— , /97,3 kci% Applicant/Op rator If Corpor tion Attest Seal ) By: 1,47,--/' 6/ 14.1/ By: " Title: U, Corporate Secretary or Equivalent Town/City/County Clerk State of a%/2--d.o/Z, ) A� ) ss. County of l<�%/i/ ) The foregoing instrument was acknowledged $�e�fore me this da of by faitdii ,S yfe- ' as 14a6 Sc7 1/2Z�- of 672-2 44 /QS . otary P lic My Commission Expires: / 3 cy — (04/92) 2823E LEGAL DESCRIPTION EXHIBIT A A tract of land amending the existing permit is located in Sections 7 , 17, and 18, Township 2 North, Range 68 West of the Sixth Principal Meridian all being located in the County of Weld, State of Colorado and being more particularly described as follows : Beginning at a point located at the SW corner of the NW 1/4 of the NW 1/4 of Section 17, Township 2 North, Range 68 West of the 6th P.M. ; thence North 00 Degrees 00 Minutes 00 Seconds East a distance of 567 . 63 feet; thence North 90 Degrees 00 Minutes 00 Seconds East a distance of 2605 . 58 feet; thence North 00 Degrees 10 Minutes 01 Seconds East a distance of 2203 . 56 feet; thence South 67 Degrees 12 Minutes 15 Seconds East a distance of 172 . 86 feet; thence South 66 Degrees 52 Minutes 30 Seconds East a distance of 340 . 10 feet; thence South 64 Degrees 54 Minutes 41 Seconds East a distance of 349 . 72 feet; thence South 61 Degrees 39 Minutes 45 Seconds East a distance of 319 . 02 feet; thence South 58 Degrees 17 Minutes 03 Seconds East a distance of 285 . 59 feet; thence South 54 Degrees 28 Minutes 42 Seconds East a distance of 399 . 88 feet; thence South 52 Degrees 18 Minutes 51 Seconds East a distance of 458 . 13 feet; thence South 49 Degrees 14 Minutes 38 Seconds East a distance of 404 . 71 feet; thence South 49 Degrees 22 Minutes 47 Seconds East a distance of 452 . 19 feet; thence South 51 Degrees 58 Minutes 03 Seconds East a distance of 433 . 76 feet; thence South 53 Degrees 20 Minutes 08 Seconds East a distance of 406 . 90 feet; thence South 49 Degrees 13 Minutes 11 Seconds East a distance of 411 . 75 feet (Point A) ; thence South 49 Degrees 13 Minutes 11 Seconds East a distance of 100 . 00 feet (Point B) ; thence South 49 Degrees 31 Minutes 23 Seconds East a distance of 387 . 62 feet; thence North 88 Degrees 21 Minutes 52 Seconds West a distance of 1402 . 21 feet to the Point of Beginning. The above described tract of land contains 106 . 96 acres more or less . A tract of land connects the property described above, and the tract of land in the existing permit. This tract of land is located in Section 17 , Township 2 North, Range 68 West of the Sixth Principal Meridian in the County of Weld, State of Colorado and being more particularly described as follows : Beginning at a point described as Point A above, thence following a line to a point located on the west line of the NE 1/4 of the NW 1/4 of Section 17 , a distance of 100 . 00 feet north of the SW corner of the North 1/2 of the South 1/2 of the NE 1/4 of the NW 1/4 of Section 17; thence following the west line of the NE 1/4 of the NW 1/4 of Section 17 a distance of 100 . 00 feet to the SW corner of the North 1/2 of the South 1/2 of the NE 1/4 of the NW 1/4 of Section 17; thence following a line to a point described above as Point B; thence North 49 Degrees 13 Minutes 11 Seconds West a distance of 100 . 00 feet to the point of beginning. 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