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Home My WebLink About930116.tiff REGULAR OPERATION (112) RECLAMATION PERMIT APPLICATION FORM ,..., ...I ." n CHECK ONE: _ New Application (Rule 2) X AmendmentApp'licafion -Mule 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. ma a aaaaammammamammmaaa aazmmamaaaaamzamaaaaama a zzzz GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, all information described below. a aaaanmz:amaaaaaaaasaazmmmaaaammmmmaammmmmaaazcm 1 . Applicant/operator name: Weld County, Colorado 1 . 1 Type of organization (corporation, partnership, etc. ) : government 2. Operation name (pit, mine or site name) : Hokestra-West 2. 1 I .R.S. Tax ID No. or Social Security No. : 84-6000 813 3. Permitted Acres: 170 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) : gravel 5. Name of owner of surface of affected land: Weld County 6. Name of owner of subsurface rights of affected land: Weld County 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 2 & 3 X North South RANGE (write number and check direction) : R 68 _ East X West SECTION (write number) : S 2 & 35 QUARTER SECTION (check one) : NE X NW SE SW QUARTER/QUARTER SECTION (check one) : _ NE _ NW _ SE X SW GENERAL DESCRIPTION: (miles and direction seven miles east of Longmont, Colorado from nearest town and _ .. approximate elevation) 4830 930116 -2- . , . ,::i o: :LI 9. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be ufedjorl permit) D Individual ' s Name: Kenneth gchraeder T.T . Company Name: Weld County, Colorado Street: 915 10th Street City: Greeley State: Colorado Zip Code: 80631 Area Code: 303 Telephone: 356-4000 PERMITTING CONTACT (if different from applicant/operator above) Individual ' s Name: Donald Carroll Company Name: Weld County, Colorado Street: 915 10th Street City: Greeley State: Colorado Zip Code: 80631 Area Code: 303 Telephone: 356-4000 INSPECTION CONTACT Individual ' s Name: Company Name: same as applicant/operator Street: City: State: Zip Code: Area Code: Telephone: CC: STATE OR FEDERAL LANDOWNER (if any) Agency: n/a Street: City: State: Zip Code: Area Code: Telephone: CC: STATE OR FEDERAL LANDOWNER (if any) Agency: n/a 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) _1'_Wildlife Habitat(WL) land use Residential (RS) X Recreation(RC) :Ji ₹rrdustrial /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 ) . truck/shovel Gravel pit (wet) 13. On Site Processinq: n/a 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. 9301 ,6 -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: I . 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. 920 -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. YI Signed and dated this .2/� tday of // 'y`' (4odi2s, it o,ei �� Applicant/Operator If Cor ration t e t ( e 1 By: Constance L. Harbert By: .� Title: Commissioner Coordinator Corporate Secretary or Equivalent Town/City/County Clerk State of Colorado ) ss. County of Weld ) The foregoing instrument was acknowledged before me this 26 day of January , 1993 by Connie L. Harbert as Commissioner Coordinator ,f of Welds�Couun�ty,, /� • hict OWG-(�C Notiry Public My Commission Expires: 2/9/94 (04/92) 2823F 930116 WELD COUNTY, COLORADO USE BY SPECIAL REVIEW APPLICATION for MINING PERMIT Weld County Department of Planning Services, 915 10th Street, Greeley, Colorado, Phone 356-4000, Extension 4400 For Department of Planning Services Use Only Case Number: Date Application Received: PC Hearing Date: Section: , Township: North, Range: West Zoning District: Recording Fee: Permit Fee: Recording Fee Receipt d: Receipt Number: Application Reviewed By: To be completed by APPLICANT in accordance with procedural guide Requirements: 1 . I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed gravel (gravel, coal, borrowpit, etc.) mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION See Exhibit "A", Plan Sheet No. 1 TOTAL ACREAGE: 169.96 2. Surface owner(s) of area of land described Name: Weld County, CO Address: 915 10th Street Phone: (303)356-4000 Name: Address: Greeley, CO 80631 Phone: 3. Owner(s) of mineral rights to substance to be mined Name: Weld County, CO Address: 915 10th Street Phone: (303) 356-4000 Name: Address: Greeley, CO 80631 Phone: 4. Source of applicants' legal right to enter and to mine on the land described: see Exhibit "0" (Attached certified copy of any document noted to the back of this form) 5. Address of applicant and general office 80631 Applicants address: 915 10th Street, Greeley, CO Phone: (303) 356-4000 General Office address: 915 10th Street, Greeley, Phone: (303) 356-4000 CO 80631 6. Identify any prior permits for mining held by applicant or affiliated person: waived by applicant 930116 • 7. Description of Operation a. Types and number of operating an processing equipment to be employed: crushing and screening with asphalt processing facility, including scales, dozers, scrapers, loaders, trucks and miscel— laneous equipment. See Exhibit "D" and proposed extraction stan— dards. No noise report is provided as the operation will not create anymore noise than adjacent gravel operations and is not near any developm, b. Maximum number of employees: 10 , and number of shifts: 1 areas. c. Number of stages to be worked: 4 , and periods of time each is to be worked: Phase I, 1998 - 2002; Phase II, 2003 - 2007; Phase III 2007 — 2011; Phase IV, 2011 — 2021 d. Thickness of mineral deposit: 13 feet, and thickness of the overburden: 2.51 e. This will be a wet/dry pit operation. Dry f. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point(s) (must be coordinated with County Engineer) : see plans for ingress/egress roads traveled; 24-1/2, Frontage Road, 24 and 9-3/4. 8. Description of Rehabilitation a. Proposed rehabilitation land use(s) : see Sheet 3 of 3, Exhibits "E" and b. Source of technical advice for reclamation: Department of Wildlife and U.S. Soil Conservation Service c. Explanation of Reclamation Process: see Sheet 3 and Exhibit "E" of attachments. I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD STATE OF COLORADO /1/1171:-goia," Sinngnature: Owner/Aut ized Agent Subscribed and sworn to before me this c & day of',iiiffigi, 199.2 SEAL YYI CL 7g G ea NimpARY PUBLIC My Commission expires c9/ q/ 99 920'716 ST`TE OF COLORADO MINED LAND RECLAMATION DIVISION of co Department of Natural Resources '` T NT r1 �o 1313 Sherman St, Room 215 Denver.CO 80203 \• 303 866-3567 taTb FAX: 303 832-8106 Roy Romer. Governor Fred R.Banta. Division Director PERFORMANCE WARRANTY Operator: Weld County Road and Bridge, Mining Division Operation: Hokestra T- West Permit No: M-80-149 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 1e 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, we3d County (the "Operator" ) , has applied for a permit to conduct a mining operation known as Hokestra - West (the "Operation" ) on certain lands in Weld Lounty, 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 tnose amounts tor 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. 930116 -2- 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 pranises 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. 9301.16 -3- The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors and assigns . `�9 SIGNED, SEALED AND DATED, this C:--- day of r 1—. /. Weld County Boardooff SEAL) F�fY,� ��J.,AOperator `Li�'�/VaZ yam- .Vi TO THE BOARD By: l T�IJ�/lr A6 JC 7--J Title: Chairman -UT. ;:_E ':, TO THE BOARD Da 0//q3 NOTARIZATION OF OPERATOR' S ACKNOWLEDGMENT STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was cknowCedged ednbefore me xarbthis 26th day Of January p e County Board of Commissioners as airman N ARY PUBLIC • My Commission expires: 2/9/94 APPROVED: STATE OF COLORADO MINED LAND RECLAMATION DIVISION MINED LAND RECLAMATION BOARD Date By: Director 6427F (01 /91 ) 9301 '5 Hello