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.
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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. This tract
of land contains 0 . 61 acres more or less .
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