HomeMy WebLinkAbout940383.tiff RESOLUTION
RE: APPROVE TRANSFER OF MINERAL RECLAMATION PERMIT AND SUCCESSION OF OPERATORS
APPLICATION PACKAGE AND AUTHORIZE CHAIRMAN TO SIGN NECESSARY DOCUMENTS -
83RD AVENUE PIT
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Transfer of Mineral
Reclamation Permit and Succession of Operators Application Package concerning
83rd Avenue Pit, between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Public Works
Department, and Hall-Irwin Construction, with terms and conditions being as
stated in said package, and
WHEREAS, after review, the Board deems it advisable to approve said
package, a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Transfer of Mineral Reclamation Permit and Succession
of Operators Application Package concerning 83rd Avenue Pit, between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Public Works Department, and Hall-Irwin
Construction be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign any necessary documents.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 25th day of April, A.D. , 1994.
LW BOARD OF COUNTY COMMISSIONERS
ATTEST: illa,tet WELD COUNTY, OLORADO
Weld County Clerk to the Board / V /2-2/47)C1
,r
,/ H. Webster, Chairm
BY: & .(!f/ K,S, I i
Deputy !Clerk to the Board Daley
Hall, ro-7m
le
APPROVED AS TO FORM: /I e< C , / �c
/
Coun y Atto ney Con tance L. Harbert
/ `/t�"
arbara J. Kirkme er
940383
?Sste.6 mEmoRAnDum
Vint Clerk to the Board and
To Bruce Barkar, r y Attorney Date pr' 15, 1994
COLORADO From George Cicoff. Director of Public Works
subject: 83rd Avenue Development
The attached letter dated April 5, 1994, from the Division of Minerals and
Geology, and addressed to Hall-Irwin Construction Company sites violations of
state law that are a direct result of the county's operation in the adjoining
Herbst Pit operation. The Public Works staff has researched the records and
we believe the following facts to be true:
1. On April 16, 1990, Weld County entered into lease agreements for both the
Herbst Pit Phases IV and VII and the adjoining area, commonly known as the
83rd Avenue Development.
2. The 30-year lease for the 83rd Avenue Development contained provisions for
the county to exercise a purchasing option within two years of the
original date of the lease.
3. By resolutions adopted on December 30, 1991, and a subsequent resolution
adopted on January 22, 1992, the county withdrew from the option to
purchase the property.
4. During the operations for the extraction of materials from Phase IV of the
Herbst Pit, the county stockpiled topsoil material on the 83rd Avenue
Development.
5. The Hall-Irwin Construction Company has secured a permit for the 83rd
Avenue Development in accordance with the lease agreement. However, the
permit has never been activated.
6. In an agreement the county reached with A-1 Organics of Eaton, excess
quantities of the topsoil material stockpiled on the 83rd Avenue
Development were being screened and eventually removed from the site.
7 . The combination of utilization of an unpermitted area for storage
materials , the utilization of those materials , their screening and
subsequent removal from the site, constituted the violations of state law
referred to in the April 5th letter to Hall-Irwin Construction Company.
To remedy this situation, the Public Works Department has arranged for A-1
Organics to utilize stockpiled materials from the active permitted site of the
Geisert Pit. The execution of the enclosed permits will transfer the permit
for the 83rd Avenue development from Hall-Irwin Construction Company to Weld
County, and establish Weld County as the operator. Modifications of the permit
to accommodate the actual operating conditions must also be made in the
immediate future.
940383
Page 2
The approval and execution of the attached documents is required on or before
April 25 , 1994, so that they may be presented to the Colorado Mined Land
Reclamation Board in a formal public hearing on April 27-28. The Department
will pay the appropriate application fees. It should be noted that as a result
of the county's operations on an unpermitted site, Hall-Irwin Construction
Company may be subject to penalties for which the county could be held
responsible.
To minimize the potential for penalties being issued against this operation,
it is respectfully requested that the Board take immediate action. Due to the
complexities of the leases and the potential liabilities, we are requesting by
copy of this letter, that the County Attorney's Office carefully review the
lease and permitting application.
If a work session to explain the details of the situation is desired, please
advise. Documents for the Performance Warranty must also accompany the
application.
GC/pds :mbruce.1
cc: Commissioner Kirkmeyer
File
940393
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
of Department of Natural Resources pin
1313 Sherman St., Room 215 Denver,Colorado 80203ifret
Phone:(303)866-3567
FAX:(303)832-8106
DEPARTMENT OF
April 5, 1994 NATURESOURCES
Mr. Brett Hall Roy Romer
Hall-Irwin Construction Co. Governor
P.O. Box 659 Ken Salazar
3026 4th Avenue Executive Director
Greeley, CO 80632 Michael Long
Division Director
Re: Herbst Pit, Permit No. M-92-069 - Notice of Reason to Believe a Violation
Exists
Dear Mr. Hall :
On March 31 , 1994 we conducted an inspection of your mine and found overburden
material mined from the permit area was stockpiled outside the permit boundary on an
unpermitted site .
We believe this is in violation of C.R.S. 34-32-109(1 ) , (2) and (7) , and
34-32-116(7)(h) the Colorado Mined Land Reclamation Act and Rules 2. 1 and 6. 1 (2) of
the Rules and Regulations of the Colorado Mined Land Reclamation Board. Therefore ,
we have found reason to believe a violation exists to Permit M-90-119 and the Law
and have scheduled this matter before the Mined Land Reclamation Board.
A Formal Public Hearing will be held during the April 27-28, 1994 Board meeting for
consideration of possible violation. The hearing will be held in Room 318 of
1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. or as soon thereafter
as the matter can be considered and you will have the opportunity to be represented
and heard. It will be reiterated that there is reason to believe that you are in
violation of the provisions noted above .
If the Board finds a violation at this hearing, it may issue a cease and desist
order , assess a civil penalty in the amount of $100.00 to $1 ,000.00 for each day of
violation or order the permit be suspended , modified or revoked . In addition it may
set the matter for consideration of forfeiture of the $92,562.00 financial warranty
at a subsequent hearing . If you have evidence indicating that the possible
violations noted above do not exist or have been corrected , please provide it to us
as soon as possible or bring it to the hearing.
If you have any questions , please contact Bill York-Feirn.
ce ly,
ICHAEL B. LONG
Division Director
r Hall4nAn
MBL/WCY/ern Redd ,,, 7 /7/
CERTIFIED MAIL NO. P 296 603 050
Return Receipt Requested 940393158F
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources RECE!VE�f AP; {�
1313 Sherman d Room 215 O U
Den
Denver,Colorado 80203 II C
Phone:(3031866-3567
FAX:(303)832-8106
TRANSFER OF MINERAL RECLAMATION PERMIT DEPARTMENT OF
AND NATURAL
SUCCESSION OF OPERATORS RESOURCES
APPLICATION PACKAGE Roy Romer
Governor
Ken Salazar
Executive Director
Michael B.Long
Applicability Division Director
This document applies to mining operations where the current permitted mine operator
wishes to transfer the Reclamation Permit and permitted reclamation responsibilities to
a Successor Operator (a new operator) . Please follow the instructions provided in this
package for filing an application; Mineral Rules and Regulations Number 1 .7 (Permit
Transfer application requirements) should also be reviewed prior to completing this form.
Filing Requirements
To apply for a transfer please submit the following to the Division:
1 ) A "Transfer of Permit and Succession of Operator" application form, signed and
notarized by BOTH the current permittee and successor operator;
2) The Application Fee of $100.00;
3) A Performance Warranty Form bearing an original notarized signature of the
successor operator; and,
4) Financial Warranty:
A) You have the option to WAIVE YOUR RIGHT to a thirty (3O) day processing time
to allow the Division time to recalculate the required financial warranty; or ,
B) You may choose NOT TO WAIVE YOUR RIGHT to a thirty (3O) day processing time.
In such case , the Division will recalculate the required financial warranty
within sixty (6O) days from the decision date . The required RECLAMATION BOND
COULD BE SUBSTANTIALLY INCREASED at that time. If the financial warranty is
increased , you will then be required to post the additional financial
warranty.
This application package contains the "Transfer of Permit and Succession of Operator"
application form, and a Performance Warranty form for your use . Rule 7 .4 of the Mineral
Rules and Regulations describes the various acceptable Financial Warranty types . Please
contact the Division to obtain the appropriate Financial Warranty form.
Upon submittal of this application, the application fee , and the replacement performance
and financial warranties the Division of Minerals and Geology (the "Division") will
review the reclamation costs of the permitted operation . The Successor Operator must
post a new bond prior to approval of the permit transfer. The Successor Operator will
be notified if additional reclamation bond is required within 60 days of approval if you
do not wave your right to a decision within 30 days . The Division will notify both
operators upon completion of the permit transfer . -
940393
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Application Review Procedures
The Division will act upon your application within thirty (30) days of receipt .
The Division will grant your request for a permit transfer if it finds that the
successor operator is capable of assuming all responsibility for the conditions included
under the original permit by virture of acceptable performance and financial
warranties . Your request is automatically approved if it has not been denied by the
Division within thirty (30) days of filing.
If the Permit Transfer application is denied, you will be notified within ten ( 10) days
of the decision deadline. You may appeal the Division decision to the Mined Land
Reclamation Board by submitting a written Request for Administrative Appeal to the
Division within sixty (60) days of the date of the decision (please refer to
C.R.S. 34-32-107(2)) and Rule 1 .7 .4.
Notice of Permit Transfer is acknowledged in the monthly activity report attached to the
monthly Board Agenda.
Once the Permit Transfer document is approved, the originally submitted Performance and
Financial Warranties will be returned to the previous operator, as the previous operator
is no longer responsible for the reclamation of the transferred operation.
NOTICE TO SUCCESSOR OPERATOR:
1 ) Once the Permit Transfer is approved, you will be responsible for maintaining the
mining and reclamation operations in compliance with the Mined Land Reclamation Act
and the Mineral Rules and Regulations .
2) All of the application materials , as amended and supplemented, are an integral part
of the permit. They have been incorporated into the permit by reference . We
suggest you keep a copy of the permit, the permit application, and a copy of the
regulations at the mining operation as a reference . If you are unable to secure a
copy of the permit application from the original operator, you may purchase a copy
from the Division .
3) Changes in the mining and reclamation operations that differ from those described
in the permit may require a revision to the permit. We suggest consulting the
Mineral Rules and Regulations and/or contacting us to determine if a revision to
the permit is necessary. Rule 1 .8 pertains to Amendments , Rule 1 .9 to Technical
Revisions , and Rule 1 . 10 to Conversions .
4) On your permit anniversary date each year, you MUST submit an annual fee and report
to the Division. Please consult C.R.S. 34-32-127(2) for applicable annual fee
requirements for your operation.
(08/93) 3117F
3,1®393
TRANSFER OF PERMIT AND SUCCESSION OF OPERATORS
APPLICATION FORM
The application for a Transfer of Permit and Succession of Operators must contain four
(4) major parts : 1 ) an Application Form; 2) an Application Fee; 3) a Performance
Warranty (attached as part of the Application Package) bearing the original notarized
signature of the Successor Operator; and, 4) a replacement Financial Warranty provided
by the Successor Operator, bearing an original notarized signature. To expedite
processing, please provide the information in the format and order described below.
I . FINANCIAL WARRANTY INFORMATION� (Choose ONE Option) :
Y 1 . Option A: 42 /--(fig/ / //A5/i'f I wish to WAIVE MY RIGHT to a 30-day
(Initial & Date) processing time to allow the Division of
Minerals and Geology to recalculate the
Financial Warranty requirements .
2. Option B: I DO NOT WISH TO WAIVE MY RIGHT to a
(Initial & Date) 30—day processing time. I hereby submit a
replacement Financial Warranty for the same
dollar amount as the Financial Warranty
maintained by the current operator . I
understand that the Division of Minerals and
Geology will recalculate the required
reclamation bond within 60-days from the
decision date and the required FINANCIAL
WARRANTY COULD BE SUBSTANTIALLY INCREASED at
that time . As the new operator , I agree to
be responsible for posting any required
increase to the financial warranty for good
cause shown , in a form acceptable to the
Board, within 60-days of such notice .
940393
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II . ADMINISTRATIVE INFORMATION:
1 . Permit Number: M-90-119
2. Operation Name : 83RD AVE DEVELOPMENT
3. Current Permitted Operator:
Contact Person: SCOTT MASI
Company Name: HALL—IRWIN CONSTRUCTION CO
Street: P 0 BOX 649
City: GREELEY,
State: Co Zip Code: 80631
Area Code: 303 Telephone: 352-6057
4. Successor Operator:
Contact Person: KENNETH SCHRAEDER - MINING DIVISION
Company Name: WELD COUNTY GOVERNMENT
Street: P 0 BOX 758
City: GREELEY
State: CO Zip Code : 80632
Area Code: 303 Telephone: 356-4000 X3750
IRS Tax ID No. or Social Security No. : 846000813
5. Application Fee: $100.00
Make check payable to the Division of Minerals and Geology
940393
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III . 1 . Yes : X As the successor operator do you have a complete copy, as
is available, of the approved reclamation application to
No: include any permit modifications?
A copy of the approved application and any modifications to
the permit may be purchased through the Division. Unless
you specify which portions of the permit file you want
copied the entire file will be copied. The Division will
send the entire file, or portions you specify, to an
outside vendor and you will be billed accordingly.
2 . Yes : X Have you verified that the permit area you are assuming
reclamation responsibility for is the area described in the
No: approved permit application?
3. Yes : X Have you verified that you have legal right of entry to
conduct mining and reclamation?
No:
940393
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IV. RECITALS
1 . On , 1994 Permit Number M-90-119 was granted
to HALL-IRWIN CONSTRUCTION (existing operator)
("Permittee") , pursuant to which Permittee has been conducting a mining
operation in the County of WELD , State of Colorado.
2. Permittee wishes to assign the permit to WELD COUNTY
(new operator) , as Successor Operator ( "Successor") and Successor wishes to
become Successor Permittee under the permit.
3 . Successor understands that the reclamation plan (the "Plan") required by
the permit and by applicable State laws and regulations has not been completed
and is willing to assume full responsibility for the completion of the Plan.
V. AGREEMENTS
Permittee and Successor hereby agree , for their own benefit and for the
benefit of the State, such agreements to be effective ipso facto upon the
approval by the State of the transfer of the Permit from Permittee to
Successor, as follows :
1 . Successor has inspected the mining and reclamation operations to its
entire satisfaction and is fully aware of the conditions thereof. Successor
understands and accepts all of the conditions of the Permit .
2 . Successor will complete the reclamation plan , and hereby assumes
liability for completing such plan as to all areas heretofore disturbed, as
well as to all areas hereafter disturbed . Successor will perform all of the
obligations of the Permittee under the Permit which have not heretofore been
performed by Permittee .
3. Successor hereby tenders to the State its attached Performance and
Financial Warranties* , which are to be substituted for the Performance and
Financial Warranties heretofore filed by the Permittee , effective upon the
release of the latter Warranties .
4. Successor represents to the State that, to the best of its knowledge,
information and belief, it is not in violation of any of the provisions of the
Colorado Mined Land reclamation Act with respect to any other operation
conducted by it in the State of Colorado.
910393
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Permittee and Successor hereby request the State to consent to the assignment
of the Permit , to recognize Successor as Successor Operator under the Permit,
and to accept the tendered substitute Performance and Financial Warranties in
place of the Warranties presently on file with the State .
PERMITTEE SUCCESSOR OPERATOR
HALL-IRWIN CONSTRUCTION WELD COUNTY
Name of Permittee Name of Successor ) ��
By By if
itD /X 1iyt
Signature of Officer Signature f fficer 04/27/§4
Chairman, Weld County Board
V1 -.P44-70A-AST of Commissioners
Title of Officer Title of Officer
NOTARY FOR PERMITTEE
State of COLORADO )
County of WELD )
The foregoing instrument was acknowledged before me this i. - day
of fir , ) , / .,.<! by / L._` ,,
as of v' • ;> .
Notary Public
My Commission Expires /c,/i-'/4//'
NOTARY FOR SUCCESSOR
State of COLORADO )
County of WELD )
The foregoing instrument was acknowledged before me this 25th day
of April , 1994 , by W. H. Webster
as Chairman of the Weld County Board of Commiccinnors
Notary Public i L ®i'GLE'EL4-;
My Commission Expires
Af(COMMISSION EXPIRES JAN. 1, 199a
940393
•
•
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CONSENT OF STATE
EXECUTED this day of , 1994 •
(a) Consent is hereby granted to the transfer of the Permit referred to
from HALL-IRWIN CONSTRUCTION to WELD COUNTY
(b) WELD COUNTY M-90-119
is hereby recognized as Successor Operator under such Permit.
(c) The Performance and Financial Warranty substitution above proposed is
hereby accepted and approved.
STATE OF COLORADO
DEPARTMENT OF NATURAL RESOURCES
MINED LAND RECLAMATION BOARD
DIVISION OF MINERALS AND GEOLOGY
By
Division Director
(08/93)
3117F
910393
REGULAR OPERATION (112)
RECLAMATION PERMIT
APPLICATION FORM
CHECK ONE: _ New Application (Rule 2) x Amendment Application (Rule 1 .8)
Conversion Application (Rule 1 . 10)
The application for a Regular Operation Reclamation Permit contains three major parts :
( I ) 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
1 . 1 Type of organization (corporation , partnership , etc . ) : GOVERNMENT
2 . Operation name (pit, mine or site name) : 83RD AVENUE DEVELOPMENT
2. 1 I .R.S. Tax ID No. or Social Security No. : 846000813
3 . Permitted Acres : 65.4 Permitted acres
Please indicate acreage to the nearest tenth ( 10th) acre .
3 . 1 Application fee (see Section 14) : $1,550.00 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 : HALL-IRWIN CONSTRUCTION
6 . Name of owner of subsurface rights of affected land : SAME
If 2 or more owners , refer to Exhibit P .
7 . Type of mining operation : x 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 6 x North South
RANGE (write number and check direction) : R 66 _ East X West
SECTION (write number) : S 31
QUARTER SECTION (check one) : _ NE _ NW _ SE SW
QUARTER/QUARTER SECTION. (check one) : x_ NE _ NW _ SE _ SW
GENERAL DESCRIPTION:
(miles and direction 3 MILES WEST OF GREELEY
from nearest town and
approximate elevation) 4710
940393
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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 - MATERIALS DIVISION (MINING)
Company Name: WELD COUNTY
Street: P 0 BOX 758 •
City: GREELEY
State : CO Zip Code: 80632
Area Code: 303 Telephone: 356-4000 X 3750
PERMITTING CONTACT (if different from applicant/operator above)
Individual ' s Name: DONALD CARROLL, ADMINISTRATIVE MANAGER
Company Name: WELD COUNTY
Street: P 0 BOX 758
City: GREELEY
State: co Zip Code: 80632
Area Code : 303 Telephone: 356-4000 X 3750
INSPECTION CONTACT
Individual ' s Name: KENNETH SCHRAEDER
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:
910393
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10. Primary future x Cropland(CR) __ Pastureland(PL) __ General Agriculture(GA)
(Post—mining) _ 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) x 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 (OR) __ 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.
940393
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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.
9-0.393
-5-
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 25th day of April , 1994 .
Weld County, Colorado
Applicant/Operator If CLn&
tion Attest (Seal )
By: / n By: tG/7ea
h Wel County 4 7/94IXgI{xH �Xx7t
Title: Board of Commissioners
ktk 5dcCounty Clerk to Boar
By: //i7.#11l O 2
State Of Colorado ) Deputy Clerk to Board
) ss .
County of Weld
The foregoing instrument was acknowledged before me this25th day of April , 1994
by W. H. Webster aS Chairman Of the Weld County Board of
•
Commissioners. Notary Public
MI COMMISSION E'XPi',ES JAN. 1, 194
My Commission Expires :
(04/92) 2823F
910393 $
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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
of Department of Natural Resources
1313 Sherman 5t., Room 215 yi
Denver,Colorado 80203
Phone:1 1303)03)866-3567
FAX:1303)832-8106
DEPARTMENT OF
NATURAL
RESOURCES
Roy Romer
Governor
Ken Salazar
Executive Director
PERFORMANCE WARRANTY
Michael B.Long
Division Director
Operator: WELD COUNTY
Operation : 83RD AVE DEVELOPMENT
Permit No: M-90-119
KNOW ALL MEN BY THESE PRESENTS, THAT:
WHEREAS, the Colorado Mined Land Reclamation Act, CRS as amended ,
34-32-101 et seq. (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 83RD AVE
DEVELOPMENT (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 .
940393
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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.
.O393
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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 25th day of April , 1994 •
WELD COUNTY, COLORADO (SEAL)
Operator
By: hi-k7) 1/0,11JD, 04/27/94
Title : Chairman, Weld County Boardtof Commissioners
NOTARIZATION OF OPERATOR'S ACKNOWLEDGMENT
STATE OF COLORADO )
) ss .
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 25th day
of April , 1994 , by W. H. Webster
as Chairman Of Weld County Board of Commissioners •
NOTARY PUBLIC,
MY COMMISSION ENPIRES JAN. 1, 1.94
My Commission expires :
APPROVED:
State of Colorado
Mined Land Reclamation Division
Mined Land Reclamation Board
By: Date ,
Division Director
(03/92)
6427F
940393
APPLICATION AND REPORT
FOR
REGULAR (112) OPERATION
83RD AVENUE DEVELOPMENT (AMENDED)
Weld County, Colorado
April, 1994
DIVISION OF MINERALS AND GEOLOGY
PERMIT APPLICATION
M-90-119 (Amended)
Submitted by: Weld County Department of Public Works
933 N. 11th Avenue
P.O. Box 758
Greeley, CO 80631-0758
Phone - (303) 356-4000, Ext. 3750
Attn: Donald Carroll, Administrative Manager
310393
REGULAR OPERATION (112)
RECLAMATION PERMIT
APPLICATION FORM
CHECK ONE: _ New Application (Rule 2) x 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
1 . 1 Type of organization (corporation, partnership , etc. ) : GOVERNMENT
2. Operation name (pit, mine or site name) : 83RD AVENUE DEVELOPMENT
2. 1 I .R.S. Tax ID No. or Social Security No. : 846000813
3. Permitted Acres: 65.4 Permitted acres
Please indicate acreage to the nearest tenth ( 10th) acre.
3. 1 Application fee (see Section 14) : $1,550.00 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 : HALL-IRWIN CONSTRUCTION
6. Name of owner of subsurface rights of affected land : SAME
If 2 or more owners , refer to Exhibit P.
7. Type of mining operation: x 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 6 x North South
RANGE (write number and check direction) : R 66 _ East 6 West
SECTION (write number) : S 31
QUARTER SECTION (check one) : NE _ NW _ SE _ SW
QUARTER/QUARTER SECTION (check one) : NE _ NW _ SE _ SW
GENERAL DESCRIPTION:
(miles and direction 3 MILES WEST OF GREELEY
from nearest town and
approximate elevation) 4710
940393
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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 - MATERIALS DIVISION (MINING)
Company Name: WELD COUNTY
Street: P 0 BOX 758
City: GREELEY
State: CO Zip Code : 80632
Area Code: 303 Telephone: 356-4000 x 3750
PERMITTING CONTACT (if different from applicant/operator above)
Individual ' s Name: DONALD CARROLL, ADMINISTRATIVE MANAGER
Company Name: WELD COUNTY
Street: P 0 BOX 758
City: GREELEY
State: co Zip Code : 80632
Area Code: 303 Telephone: 356-4000 X 3750
INSPECTION CONTACT
Individual ' s Name: KENNETH SCHRAEDER
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:
9/2.O Inn
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10. Primary future x Cropland(CR) _ Pastureland(PL) General Agriculture(GA)
(Post—mining) _ 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) x 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 ) .
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.
9 ;9.393
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