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HomeMy WebLinkAbout20211029.tiffg Q COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources NOTICE Consideration of Construction Reclamation Permit Surety Release Request Application DATE: June 17, 2022 RECEIVED TO: Weld County Commissioners 1150O St JUN 2 7 2022 Greeley, CO 80631 WELD COUNTY FROM: Peter S. Hays COMMISSIONERS RE: Achieve More Agricultural Complex Site - File No. M-2021-024, New Vision Investments, LLC Surety Release Request Application (SL -1) Surety Release Please be advised that on June 15, 2022, New Vision Investments, LLC, whose address and telephone number are 20905 Weld County Road 2, Brighton, CO 80603; (303) 356-8043, filed an application for a/an Surety Release Request (SL- 1) to M2021024, Achieve More Agricultural Complex Site, which is located approximately 2.5 miles East of Lochbuie, CO, Section 33, Township 1N, Range 65W, 06th Principle Meridian, in Weld County. The application decision is scheduled for August 15, 2022. Written comments or objections to the application may be submitted to and additional information obtained from Peter S. Hays at the Division of Reclamation, Mining and Safety, 1313 Sherman St. Room 215 Denver, CO 80203, by telephone at (303) 866-3567 x 8124. Comments or objections should be submitted within fifteen (15) days of this notice to be considered in the application review process. The Division is required to provide a thirty (30) day period following a decision on the release application to allow for appeals to its decision. M -GA -03A -P Physical Address: 1313 Sherman Street, Room 215, Denver, CO80203 P 303.886.3567F 303.832.8106 . • 'Y ` Mailing Address: DRMS Room 215, 1001 E 62nd Ave, Denver, C000316 t*taor//drms.cotorado aav ( • Jared S. Polls, Dan GRhbs, Executive Director I Virginia Brannon, Director • ' tR 7' !, Poblic PvQ,v;e(J cc,.PLC TPi,PwCJfIch-'/ERfCt%) a0a1-toa9 ocoiagIaa vcora,IIaS) goLoRD0 Division of Reclamation, RECEIVE D Mining and Safety Department of Natural Resources JUN 07 2021 1313 Sherman St. Room 215 Denver, CO 80203 WELD COUNTY COMMISSIONERS NOTICE Consideration of 111(1)(b) Construction Reclamation Permit Application DATE: June 1, 2021 TO: Weld County Commissioners 915 10th St Greeley, CO 80631 RE: Achieve More Agricultural Complex Site, File No. M-2021-024 Please be advised that on June 1, 2021, New Vision Investments, LLC, whose address and telephone number are 20905 Weld County Road 2, Brighton, CO 80603; (303) 356-8043, filed an application to conduct a(n) Surface mining and reclamation operation, at or near Section 33, Township 1N, Range 65W, 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) General agriculture post -mining land use. The application decision date is scheduled for June 16, 2021. 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 M2021024 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 Mpjo3kxlHkP5hMH-w7MeStxX7/view. To be considered in the review process, comments or objections on the application must be submitted in writing by 5:00pm on June 6, 2021. 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 303-866-3567 x 8114, or by email at Patrick.lennberg@state.co.us. M -AP -05A P061, C Rev; ew 06/►y/21 cc . PL(TP), PW(SM/ERICH/Cw) 06/08/al 2o21- 1313 Sherman St. Room 215 Denver, CO 80203 P (303) 866-3567 F (303) 832-8106 https://drms.colorado.gov/ Jared Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director COLORADO Division of Reclamation. Mining and Safety Depa; irnen: of Na;urbr: k Sources R E I V E D 1313 Sherman Street, Room 215 G v G V Denver, Colorado 80203 APR 122021 CONSTRUCTION MATERIALS WELD COUNTY SPECIAL OPERATION 111(1)(b) COMMISSIONERS RECLAMATION PERMIT APPLICATION FORM The application for a Construction Materials Special 111 Operation Reclamation Permit contains four major parts: (1) the application form; (2) Exhibits A -L, Addendum 1, and any sections of Exhibit 6.5 (Geotechnical Stability Exhibit), as required by the Office, and outlined in Rules 6.1, 6.2, 6.3, 6.5, and 1.6.2(1)(b); (3) the application fee; (4) the Performance Warranty and Financial Warranty. When you submit your application, be sure to include one completed, signed and notarized ORIGINAL and one copy of the completed application form, two copies of Exhibits A -L, Addendum 1, appropriate sections of Exhibit 6.5 (Geotechnical Stability Exhibit), as required, a check for the $400.00 application fee, and the fully executed Performance Warranty and Financial Warranty. Exhibits should NOT be bound or in 3 -ring binders; maps should be folded to 8 ''/2" X 11" or 8 '/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 described below Applicant/operator or company name (name to be used on the permit): New Vision Investments, LLC 2. 3. 4. 1.1 Type of organization (corporation, partnership, etc.): LLC Operation name (pit, mine or site name): Achieve More Agricultural Complex Site Permitted acreage: (must be 30 acres or less) Fees: 4.1 New Application 29 Permitted Acres $400.00 Application Fee 5. Primary commodities) to be mined: Soil 6. Name of owner to the surface of affected land: New Vision Investments, LLC 7. Name of owner to the subsurface rights of affected land: New Vision Investments LLC 8. Location information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN (check one): i v t 6th (Colorado) D 10th (New Mexico) ,n Ute SECTION (write number): S 33 TOWNSHIP (write number and check direction): T 1 _______ North El South RANGE (write number and check direction): R 65 E East 171 West QUARTER SECTION (check one): LII NE LI] NW El SE El_ SW QUARTER/QUARTER SECTION (check one): El NE El NW El SE E SW 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303 832 8106 http: //mining.state.co.us Pohl:G Rev, eo.l cc:Pl_(TP),Pw(�M/>:a/crt/cK) 2p�J -1029 O9/lot /aI -2- 9. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) 39O 44' 12.98" (W) 104° 59' 3.87" Latitude (N): deg min sec (2 decimal places) Longitude (W): deg min sec (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449° Latitude (N) 40 006309 (5 decimal places) Longitude (W) -104 • 6685679 (5 decimal places) OR Universal Transverse Mercator (UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum (specify NAD27, NAD83 or WGS 84) Easting Northing 11. Primary Present Land Use (check only one): Cropland (CR) ❑ Pastureland (PL) General Agriculture (GA) ❑ Rangeland (RL) 111111 Forestry (FR) Q Wildlife Habitat (WL) ❑ Residential (RS) .❑Recreation (RC) Q Industrial/Commercial (IC) ❑Developed Water Resources (WR) 10. Primary Future (Post -mining) Land Use (check only Pastureland one): ✓❑. General Agriculture (GA) .❑ ❑ Cropland (CR) Rangeland .❑ (PL) II Forestry II Wildlife Habitat (WL) (RL) (FR) ❑ Residential (RS) .❑ Recreation (RC) ❑ Industrial/Commercial (IC) ❑ Developed Water Resources (WR) Zone 12. Duration of Project: 12.1 Estimated beginning date of excavation: 12.2 Estimated completion date of excavation: 4/1/2021 6/30/2021 -3- 13. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: Dan LaCoe Title: President Company Name: New Vision Investments LLC Street/P.O. Box: 20905 Weld County Road 2 P.O. Box: City: Brighton State: CO Zip Code: 80603 Telephone Number: 30( 3 ) - 356-8043 Fax Number: 30( 3 - 654-1970 Email Address: dan@danscustom.com PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Title: Company Name: Street/P.O. Box: P.O. Box: City: State: Zip Code: Telephone Number: ( ) - Fax Number: ( - Email Address Name: INSPECTION CONTACT (if different from applicant/operator above) Contact's Name: Title: Company Name: Street/P.O. Box: P.O. Box: City: State: Zip Code: Telephone Number: � - Fax Number: ( - Email Address: CC: STATE OR FEDERAL LANDOWNER (if any) Agency: N/A Street: City: State: Zip Code: Telephone Number: ( - CC: STATE OR FEDERAL LANDOWNER (if any) Agency: N/A Street: City: Telephone Number: (- State: Zip Code: -4 - 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. i 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; 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; 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties may result to you as permittee; 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a new permit application and obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of any changes to your address or phone number; 't?'- 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; a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. 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; 64' 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 Rules and Regulations in effect at the time the permit is issued. 9. Annually, on the anniversary date of permit issuance, you must submit an annual fee ($200), and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date. You must also submit 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, 2019, the annual fee is for the period of July 1, 2018 through June 30, 2019. 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 an operator, to continue to pay your annual fee to the Office until the Board releases you from your responsibility. -5 - 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. All necessary approvals from local government have been applied for (Section 34-32.5-111(1)(a)(IX)); 2. This entire mining operation will not affect more than 30 acres; 3. This mining operation will not adversely affect the stability of any significant, valuable and permanent man-made structure(s) located within two hundred (200) feet of the affected lands. (However, where there is an agreement between the applicant/operator and the persons having an interest in the structure that damage to the structure is to be compensated for by the applicant/operator (Section 34-32.5-115(4)(e), C.R.S.), then mining may occur within 200 feet. Proof of an agreement must be submitted to the Office prior to the decision date.) 4. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4)(f), C.R.S.); 5. As the applicant/operator, I do not have any mining/exploration operations in this 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. 6. 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 34-32.5-111, 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.R.S. Signed and dated this « day of 1Q-i ` aN� ?'J e W Y t I" ._'n i e %T Kye.Ih%a A4_. Applicant/Operator Title: President State of CO` 0 Q'A O ) ss. County of W _4 ) The foregoing instrument was acknowledged before me this by Dan LaCoe as President (Name) l_lrt (Title) If Corporation Attest (Seal) By: Corporate Secretary or Equivalent Town/City/County Clerk dayof Z\ of e , \%�S,`or=V"4t�' c.* ,L1.G (Applicant/Operator) HENRIETTA ALATORE NOTARY PUBLIC Public STATE OF COLORADO NOTARYf0200DECEMBE }a-4 MYfOMM183WN©(PIRESDECEMBER10, _ My Commission expires: SIGNATURES MUST BE IN BLUE INK Hello