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Home My WebLink About20194552.tiffa DNR COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources NOTICE Reconsideration of 112c Construction Materials Reclamation Permit Application DATE: August 31, 2021 TO: Weld County Commissioners Board of County Commissioners 1150 O St Greeley, CO 80631 RE: Keenesburg No. 2 Mine, File No. M2019-058 RECEIVED SEP 0 2 2021 WELD COUNTY COMMISSIONERS Please be advised that on August 27, 2021, Colorado Sand Company LLC, whose address and telephone number are 9590 E. Grand Ct, Greenwood Village, CO 80111; (970) 978- 9858, filed a request for the reconsideration of a permit approved by the Division to extend the Financial Warranty due date by one year. The Mined Land Reclamation Board will hear this extension request on September 22, 2021. If you have comments, please provide them in writing by September 10, 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 M2019058 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/1180Udf Mpjo3kxIHkP5hMH- w7MeStxX7/view. If you need additional information or have any questions regarding the above -named application, please contact Eric Scott P.G. at the Division of Reclamation, Mining and Safety, 1313 Sherman Street, Room 215, Denver, CO 80203, by telephone at 303-229-9414 (mobile), or by email at Eric.Scott@state.co.us. Rev ei„) oq in /2 cc..K.611 Pw(SK/ER/cN/et) O9 /O2/21 RECEIVED NOTICE OF REQUREST FOR RECONSIDERATION FOR COLORADO MINED LAND RECLAMATION PERMIT JUL 2 8 2021 WELD COUNTY COMMISSIONERS FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY Colorado Sand Company LLC (the "Application/Operator") has applied for a Request for Reconsideration of a Regular (112) reclamation permit form the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials 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 Safely (the "Division") and the local county clerk and recorder. The applicant/operator proposes to reclaim the affected land to Range Land 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 with ten (20) days of the date of the 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 Safely, 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 attached a copy of the changes, or attach a complete and accurate description of the change. Publ c Rev,ec.J o4'f/23 /21 cc: pL(Tp), pW(So-t/ER/CM/CK) owl i6al ao Iq S0 DATE: COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman St. Room 215 Denver, CO 80203 RECEIVED DEC 17 2019 WELD COUNTY COMMISSIONERS NOTICE Consideration of 112c Construction Materials Reclamation Permit Application December 10, 2019 TO: Weld County Commissioners 915 10th St Greeley, CO 80631 RE: Keenesburg No. 2 Mine, File No. M-2019-058 Please be advised that on December 10, 2019, Colorado Sand Company LLC, whose address and telephone number are 2001 Kirby Drive, Ste 360, Houston, TX 77019; (617) 852-0925, filed an application to conduct a(n) Surface mining and reclamation operation, at or near Section 6, Township 2N, Range 63W, 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 Rangeland post -mining land use. The application decision date is scheduled for March 9, 2020. 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 be found at http://drmsweblink.state.co.us/ by searching M2019058 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 http://mining.state.co.us/S iteCollectionDocuments/Laserfische%20User%20Guide.pdf. 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 Brock F. Bowles at the Division of Reclamation, Mining and Safety, 1313 Sherman Street, Room 215, Denver, CO 80203, by telephone at 303-866-3567 x 8142, or by email at Brock.bowles@state.co.us. M -AP -05A 1313 Sherman St. Room 215 Denver, CO 80203 P (303) 866-3567 F (303) 832-8106 https://mining.state.co.us Jared Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director PublZc Rev;eW 1/23/19 cc'. PLCrP), Pc40-rv/ER/cH/c10, i 2019- 455 11/17/19 RECEIVED NOTICE OF FILING APPLICATION OCT 17 2019 WELD COUNTY FOR COLORADO MINED LAND RECLAMATION PERMIT COMMISSIONERS FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY Colorado Sand Company LLC (the "Application/Operator") has applied for a Regular (112) reclamation permit form the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials 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 Safely (the "Division") and the local county clerk and recorder. The applicant/operator proposes to reclaim the affected land to Range Land 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 with ten (20) days of the date of the 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 Safely, 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 attached a copy of the changes, or attach a complete and accurate description of the change. Public av;ew to/ GG : Pt-CTPA, QWC7C11IER IC H!CtC 1O it VI 2019-4552 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 CHECK ONE: ❑ There is a File Number Already Assigned to this Operation Permit # M -_ - COLORADO DIVISION OF RECLAMATION MINING — &— SAFETY (Please reference the file number currently assigned to this operation) lk New Application (Rule 1.4.5) Conversion Application (Rule 1.11) Pemut # M Amendment Application (Rule 1.10) (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): Colorado Sand Company LLC 1.1 Type of organization (corporation, partnership, etc.): Colorado Limited Liability Corporation 2. Operation name (pit, mine or site name): Keenesburg No. 2 Mine 3. Permitted acrea¢e (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: Sand WA 5.1 Incidental commoditie(s) to be mined: 1. - lbs/Tons/yr 2,924.15 00.00 2,924.15 permitted acres acres acres $2.696.00 application fee $3.342.00 quarry application $2.229.00 amendment fee $2.696.00 conversion fee 2. / lbs/Tons/yr 3. / lbs/Tons/yr 4. / lbs/Tons/yr lbs/Tons/yr 5.2 Anticipated end use of primary commodities) to be mined: Industrial Uses 5.3 Anticipated end use of incidental commodities) to be mined: WA 5. / -2- 6. Name of owner of subsurface rights of affected land: Guttersen Ranches LLC / Guttersen Exchange LLC If 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: Guttersen Ranches LLC / Guttersen Exchange LLC 8. Type of mining operation: Surface 11 Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN (check one): 6th (Colorado) 10th (New Mexico) .Jl Ute From West to East T02N R64W Section 01 T02N R64W Section 12 (North Half of Section 12 Only) T02N R63W Section 06 T02N R63W Section 07 T02N R63W Section 05 GENERAL DESCRI'TION: (the number of miles and direction from the nearest town and the approximate elevation): The distance and bearing from the Town of Keenesburg's City Hall to the planned Mine entrance is: 4.23 Miles @ 6.4 Degrees Northeast - Elevation at Mine Entrance = 4,883 FT 10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (1) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude (1): deg 40 min 10 sec 06 29 (2 decimal places) Longitude (W): deg -104 min 30 sec 33 62 (2 decimal places) OR Example: (1) 39.73691° (W) -104.98449° Latitude (N) 40 .17114 (5 decimal places) Longitude(W) -104 .5093 (5 decimal places) OR Universal Tranverse Mercator (UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N 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: Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: David Paterson Colorado Sand Company LLC Title: Chief Financial Officer 2001 Kirby Drive, Suite 360 Houston P.O. Box: N/A Texas (617 ) _ 852-0925 ( N/A Zip Code: 77019 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: INSPECTION CONTACT Contact's Name: Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: Timothy McCarthy Schedio Group LLC Title: Program Manager 808 9th Street Greeley P.O. Box: N/A Colorado ( _ ( 303 ) _ 968-7677 N/A Mary Brown Zip Code: 80631 Schedio Group LLC Title: Field Engineer 808 9th Street Greeley P.O. Box: N/A Colorado ( ( 303 ) _ 666-4886 N/A Zip Code: 80631 CC: STATE OR FEDERAL LANDOWNER (if any) N/A Agency: Street: City: State: Telephone Number: N/A WA N/A ( WA ) - Zip Code: N/A CC: STATE OR FEDERAL LANDOWNER (if any) N/A Agency: Street: City: State: Telephone Number: N/A N/A N/A ( WA ) Zip Code: N/A -4- 12. Prima future (Post -mining) land use (check one): Cropland(CR) Pastureland(PL) Rangeland(RL) Forestry(FR) Residential(RS) Recreation(RC) 1-1 Developed Water Resources(WR) 13. Primary present land use (check one : Cropland(CR) Rangeland(RL) Residential(RS) R Pastureland(PL) Forestry(FR) Recreation(RC) Developed Water Resources(WR) General Agriculture(GA) Wildlife Habitat(WL) Industrial/Commercial(IC) _El Solid Waste Disposal(WD) General Agriculture(GA) Wildlife Habitat(WL) Industrial/Commercial(1C) 14. Method of Mining: Briefly explain mining method (e.g. truck/shovel): Open -cut utilizing hydraulic excavator and/or front-end loader with truck haulage. Progressive pit with concurrent reclamation at steady-state. 15. On Site Processing: Crushing/Screening 13.1 Briefly explain mining method (e.g. truck/shovel): No crushing. Screening will be employed. Material will be baded to trucks, hauled to a wet processing plant and subsequently dned/sized to provide finished product. List any designated chemicals or acid -producing materials to be used or stored within permit area: No designated chemicals nor acid -producing materials. Non-toxic degradable flocculants will be employed. 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 - Mans 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 I, and the Gseoteclmic al Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should he 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 1.6.2(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 I.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 Permit -tee: 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 permittce, 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. 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 - Out ti 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, to you as permittee can result; 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; 5. It is your responsibility to notify the Office of any changes in your address or phone number; 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. ?. 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. 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. 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 fmancial 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. 10. For joint venture/partaaership 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)(f), 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 Const►uetion 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 Reciamadon Board pursuant to section 34-32,5-112,C.R.S., of the Colorado Ladd Recamadon Act for the Retraction of Construction Materials. Any alteration or modVicadon of this jbrm shall result h: voiding any permit issued on the altered or modeled form and subject the operator to cease and desist orders and civil penalties for operadng without a permit pursuant to section 34-325-123, C.R.S. Signed and dated this -7'l f h day of Oath -4 tat Colorado Sand Company LLC If Corporation Attest (Seal) Applicant/Operator or Company Name Signed: c 2L*,17" ' " —, Title: Chief Financial Officer Signed: No Corporate Seal Corporate Secretary or Equivalent Town/City/County Clerk State of 0010fitd C ) `. ) ss. County of PA -II V\ ) The foregoin ina teas acknowledged before me this day of 2)14 ,by ��1 WA as fe-k P.vttca 0KiCLA. of Colorixd 0 SctrokCorripoti LLC:.. ERLINDA M. MOREHEAD NOTARY PUBLIC SPATE OF COLORADO NOTARY ID #19934016370 Convnalte tkinfi ier b 2021 Notary Public My Commission expires: <l // 1-4/f .OZ 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 Hello