HomeMy WebLinkAbout20242874.tiffSG
COLORADO
Division of Reclamation,
Mining and Safety
Department of Natural Resources
NOTICE
Consideration of 112c Construction Materials Reclamation Permit Application
DATE: November 19, 2024
TO: Weld County Commissioners
1150 O St
P.O. Box 758
Greeley, CO 80631
RE: LTS Topsoil Mine, File No. M-2024-055
RECEIVED
NOV 19 2024
WELD COUNTY
COMMISSIONERS
Please be advised that on November 19, 2024, LTS Performance Horses LLC, whose address and telephone number
are 12232 Saint John Road, Pilot Point, TX 76258; (970) 539-0016, filed an application to conduct a(n) Surface
mining and reclamation operation, at or near Section 18, Township 6N, Range 66W, 06th Principle Meridian, in Weld
County. Please be advised that the permit area may be located in more than one Section, Township, and Range.
Affected lands will be reclaimed to support a(n) Cropland post -mining land use. The application decision date is
scheduled for February 17, 2025.
A copy of the application is available for review at the Weld County Clerk & Recorder's office and at the office of the
Division of Reclamation, Mining and Safety.
The application, as well as all other permit documents, can also be viewed at
https://dnrweblink.state.co.us/drms/search.aspx by searching M2024055 in the "Permit No" field. A user guide
is available to help first time users of the imaged document system and can be viewed at
https://drive.google.com/file/d/118OUdf Mpjo3kxIHkP5hMH-w7MeStxX7/view.
To be considered in the review process, comments or objections on the application must be submitted in writing within
twenty (20) days of the date of the last newspaper public notice. You should contact the applicant for the newspaper
publication date. The Office will assume you have no comment or objection to the proposed activity if none are
received by the end of the public comment period.
If you need additional information or have any questions regarding the above -named application, please contact
Patrick Lennberg at the Division of Reclamation, Mining and Safety, 1313 Sherman Street, Room 215, Denver, CO
80203, by telephone at (720) 665-0836, or by email at Patrick.lennberg@state.co.us.
M -AP -05A
Physical Address: 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106
Mailing Address: DRMS Room 215, 1001 E 62nd Ave, Denver, CO 80216 https://drms.colorado.gov
Jared S. Potts, Governor I Dan Gibbs, Executive Director I Michael A. Cunningham, Director
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RECEIVED
OCT 2 8 2024
WELD COUNTY
COMMISSIONERS
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
LTS Performance Horses LLC (the "Applicant/Operator") has applied for a Regular (112) reclamation
permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials
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 Division of Reclamation, Mining, and
Safety (the "Division") and the local county clerk and recorder.
The applicant/operator proposes to reclaim the affected land to irrigated cropland use. Pursuant to
Section 34-32.5-116(4)(m), C.R.S., the Board may 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 Section 34-32.5-112(10), C.R.S.
If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please contact the
Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567.
NOTE TO APPLICANT/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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2024-2874
STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: (303)866-3567
FAX: (303) 832-8106
CONSTRUCTION MATERIALS
REGULAR (112) OPERATION
RECLAMATION PERMIT APPLICATION FORM
COLORADO
DIVISION Of
RECLAMATION
MINING
- &-
SAF ETY
CHECK ONE: There is a File Number Already Assigned to this Operation
Permit # M - - (Please reference the file number currently assigned to this operation)
ELNew Application (Rule 1.4.5)
Amendment Application (Rule 1.10)
Conversion Application (Rule 1.11)
Permit # M - - - (provide for Amendments and Conversions of existing permits)
The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (1) the application
form; (2) Exhibits A -S, Addendum 1, any sections of Exhibit 6.5 (Geotechnical Stability Exhibit; and (3) the application fee. When you
submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (1) copy of the completed
application form, two (2) copies of Exhibits A -S, Addendum 1, appropriate sections of 6.5 (Geotechnical Stability Exhibit, and a check for
the application fee described under Section (4) below. Exhibits should NOT be bound or in a 3 -ring binder; maps should be folded to
8 1/2" X 11" or 8 1/2" X 14" size. 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 requested below.
1. Applicant/operator or company name (name to be used on permit):
1.1 Type of organization (corporation, partnership, etc.): LTS Performance Horses LLC
2. Operation name (pit, mine or site name): LTS Topsoil Mine
3. Permitted acreaee (new or existine site):
3.1 Change in acreage (+)
3.2 Total acreage in Permit area
4. Fees:
4.1 New Application
4.2 New Quarry Application
4.4 Amendment Fee
4.5 Conversion to 112 operation (set by statute)
5. Primary commoditie(s) to be mined: Topsoil
132
N/A
132
permitted acres
acres
acres
$2,696.00 application fee
$3,342.00 quarry application
$2,229.00 amendment fee
$2,696.00 conversion fee
5.1 Incidental commoditie(s) to be mined: 1. lbs/Tons/yr 2. lbs/Tons/yr
3. / lbs/Tons/yr 4. / lbs/Tons/yr 5. lbs/Tons/yr
5.2 Anticipated end use of primary commoditie(s) to be mined: Reclamation for oil & gas sites
5.3 Anticipated end use of incidental commoditie(s) to be mined: N/A
-2-
6. Name of owner of subsurface rights of affected land: LTS Performance Horses LLC
If 2 or more owners, "refer to Exhibit O".
7. Name of owner of surface of affected land: LTS Performance Horses LLC
8. Type of mining operation: IZ Surface 11 Underground
9. Location Information: The center of the area where the majority of mining will occur:
COUNTY: Weld
PRINCIPAL MERIDIAN (check one): El 6th (Colorado) El 10th (New Mexico) _IDUte
SECTION (write number): S 18
TOWNSHIP (write number and check direction): T 6 El North Ej South
RANGE (write number and check direction): R 66 El East El West
QUARTER SECTION (check one): El SE DSW
QUARTER/QUARTER SECTION (check one): NE LJ NW U SE SW
GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation):
Approximately 1 mile east of the Town of Severance, at approximately 4,800 feet in elevation
10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM):
Latitude/Longitude:
Example: (N) 39° 44' 12.98"
(W) 104° 59' 3.87"
Latitude (N): deg 40 min 29 sec 15 . 9 (2 decimal places)
Longitude (W): deg 104 min 48 sec 41
OR
Example: (N) 39.73691 °
(W) -104.98449°
Latitude (N) _
Longitude(W)
OR
Universal Tranverse Mercator (UTM)
Example: 201336.3 E NAD27 Zone 13
4398351.2 N
5 (2 decimal places)
(5 decimal places)
(5 decimal places)
UTM Datum (specify NAD27, NAD83 or WGS 84) Nad 83 Zone 13
Easting
Northing
-3-
11. Correspondence Information:
APPLICANT/OPERATOR (name, address, and phone of name to be used on permit)
Contact's Name: Dakota Rathbun Title: Operator
Company Name: LTS Performance Horses LLC
Street/P.O. Box: 12232 Saint John Road P.O. Box:
City: Pilot Point
State: TX zip Code: 76258
Telephone Number: ( 970 ) - 539-0016
Fax Number: ( ) -
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name: Kelsey Bruxvoort Title: Land Planner
Company Name: AGPROfessionals
Street/P.O. Box: 3050 67th Avenue P.O. Box:
City: Greeley
State: CO Zip Code: 80634
Telephone Number: ( 970 ) - 535-9318
Fax Number: ) -
INSPECTION CONTACT
Contact's Name: Same as applicant/operator Title:
Company Name:
Street/P.O. Box: P.O. Box:
City:
State: Zip Code:
Telephone Number: ) -
Fax Number: ( ) -
CC: STATE OR FEDERAL LANDOWNER (if any)
N/A
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ) -
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
N/A
State: Zip Code:
Telephone Number: ( ) -
-4-
12. Prima fuuture (Post -mining) land use (check one):
U Cropland(CR) Pastureland(PL)
Rangeland(RL) Forestry(FR)
Residential(RS) i Recreation(RC)
Developed Water Resources(WR)
13. Primary present land use (check one :
Cropland(CR) Pastureland(PL)
Rangeland(RL) Forestry(FR)
BResidential(RS) Recreation(RC)
Developed Water Resources(WR)
General Agriculture(GA)
BWildlife Habitat(WL)
Industrial/Commercial(IC)
Solid Waste Disposal(WD)
8 General Agriculture(GA)
Wildlife Habitat(WL)
IIIndustrial/Commercial(IC)
14. Method of Mining: Briefly explain mining method (e.g. truck/shovel): Dozers, scrapers, loaders, etc.
15. On Site Processing: Er Crushing/Screening
13.1 Briefly explain mining method (e.g. truck/shovel): N/A
List any designated chemicals or acid -producing materials to be used or stored within permit area: N/A
16. Description of Amendment or Conversion:
If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s).
N/A
-5 -
Maps and Exhibits:
Two (2) complete, unbound application packages must be submitted. One complete application package consists of a signed application
form and the set of maps and exhibits referenced below as Exhibits A -S, Addendum 1, and the Geotechnical Stability Exhibit. Each exhibit
within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively
for ease of reference. If separate documents are used as appendices, please reference these by name in the exhibit.
With each of the two (2) signed application forms, you must submit a corresponding set of the maps and exhibits as described in the
following references to Rule 6.4, 6.5, and I.6.2(1)(b):
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT H
EXHIBIT I
EXHIBIT J
EXHIBIT K
EXHIBIT L
EXHIBIT M
EXHIBIT N
EXHIBIT O
EXHIBIT P
EXHIBIT Q
EXHIBIT R
EXHIBIT S
Rule 1.6.2(1)(b)
Rule 6.5
Legal Description
Index Map
Pre -Mining and Mining Plan Map(s) of Affected Lands
Mining Plan
Reclamation Plan
Reclamation Plan Map
Water Information
Wildlife Information
Soils Information
Vegetation Information
Climate Information
Reclamation Costs
Other Permits and Licenses
Source of Legal Right -To -Enter
Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined
Municipalities Within Two Miles
Proof of Mailing of Notices to County Commissioners and Conservation District
Proof of Filing with County Clerk or Recorder
Permanent Man -Made Structures
ADDENDUM 1 - Notice Requirements (sample enclosed)
Geotechnical Stability Exhibit (any required sections)
The instructions for preparing Exhibits A -S, Addendum 1, and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and
Rule 1.6.2(1)(b) of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required,
or would like to schedule a pre -application meeting you may contact the Office at 303-866-3567.
Responsibilities as a Permittee:
Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a
number of important requirements which you, as a permittee, should fully understand. These requirements are listed below.
Please read and initial each requirement, in the space provided, to acknowledge that you understand your obligations. If you
do not understand these obligations then please contact this Office for a full explanation.
X 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal
liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands
associated with your mining operation in the event your permit is revoked and financial warranty is forfeited;
-6-
X 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee
violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information
contained in the application or your permit misrepresent important material facts;
X 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit
boundary, substantial civil penalties, to you as permittee can result;
X 4. Any modification to the approved mining and reclamation plan from those described in your approved
application requires you to submit a permit modification and obtain approval from the Board or Office;
X 5. It is your responsibility to notify the Office of any changes in your address or phone number;
X 6. Upon permit issuance and prior to beginning on -site mining activity, you must post a sign at the entrance of
the mine site, which shall be clearly visible from the access road, with the following information (Rule 3.1.12):
a. the name of the operator;
b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land
Reclamation Board; and,
c. the permit number.
X 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly
visible and adequate to delineate such boundaries prior to site disturbance.
X 8. It is 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 Construction Material Rules
and Regulations in effect at the time the permit is issued.
X 9. Annually, on the anniversary date of permit issuance, you must submit an annual fee as specified by Statute,
and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if
there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted
annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For
example, a permit with the anniversary date of July 1, 1995, the annual fee is for the period of July 1, 1994 through
June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil
penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the
permittee, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation
responsibility.
N/A
10. For joint venture/partnership operators: the signing representative is authorized to sign this document and a
power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this
application.
-7 -
NOTE TO COMMENTORS/OBJECTORS:
It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office. Therefore, if
you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will
know what changes may have been made to the application document.
The Office 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 Office's review and decision or appeals process, you may
contact the Office at (303) 866-3567.
-8 -
Certification:
As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum
requirements of the following terms and conditions:
1. To the best of my knowledge, all significant, valuable and permanent man-made structure(s) in existence at the time
this application is filed, and located within 200 feet of the proposed affected area have been identified in this application
(Section 34-32.5-115(4)(e), C.R.S.).
2. No mining operation will be located on lands where such operations are prohibited by law
(Section 34-32.5-115(4)(1), C.R.S.;
3. As the applicant/operator, I do not have any extraction/exploration operations in the State of Colorado currently in
violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials
(Section 34-32.5-120, C.R.S.) as determined through a Board finding.
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.
This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,C.R.S., of the Colorado Land
Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any
permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating
without a permit pursuant to section 34-32.5-123, C , C.R.S.,1
Signed and dated this a3 day of �Qf c��if-, `+I
Pagrn.0 -11,f6
Applicant/Operator or Company Name
Signed:
Title: O1lYtc'
State of CO L O {—G_Ck)
ss.
County of u3 kck )
The foregoing instrument was acknowledged before me this a--2,
o�4 , by 13 1 <7 . c R,4 -1-.6t a CI, as O l.7Yl.2t^'
MONICA LYNN WATSON
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19954018552
MY COMMISSION EXPIRES MARCH 1, 2025
If Corporation Attest (Seal)
Signed:
Corporate Secretary or Equivalent
Town/City/County Clerk
day of nC -Pr
of IT° h
iobhc
My Commission expires: �'O 1`..10 S
SIGNATURES MUST BE IN BLUE INK
You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a
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