HomeMy WebLinkAbout20194468.tiffDATE:
TO:
COLORADO
Division of Reclamation,
Mining and Safety
Department of Natural Resources
1313 Sherman St. Room 215
Denver, CO 80203
NOTICE
Consideration of Construction Reclamation Permit
Surety Release Request Application
October 9, 2020
Weld County Commissioners
915 10th St
Greeley, CO 80631
FROM: Peter S. Hays
RE: Lord Reservoir - File No. M-2019-056, H-2 Enterprises, LLC
Surety Release Request Application (SL -01)
RECEIVED
OCT 14 2020
WELD COUNTY
COMMISSIONERS
Please be advised that on October 6, 2020, H-2 Enterprises, LLC, whose address and telephone number are
4626 Weld County Road 65, Keenesburg, CO 80643; (720) 388-0155, filed an application for a/an Surety
Release Request (SL -01) to M2019056, Lord Reservoir, which is located approximately 4.5 miles of
Keenesburg, CO, Section 4, Township 1N, Range 63W, 06th Principle Meridian, in Weld County.
Full / Final Release Request per Rule 4.17
The application decision is scheduled for December 5, 2020. 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.
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1313 Sherman St. Room 215 Denver, CO 80203 P (303) 866-3567 F (303) 832-8106 https://colorado.gov/drms
Jared Polls, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director
a.oia - 4y 6g
COLORADO
Division of Reclamation,
Mining and Safety
Department of Natural Resources
1313 Sherman St. Room 215
Denver, CO 80203
NOTICE
Consideration of 111(1)(b) Construction Reclamation Permit Application
DATE: January 22, 2020
TO:
Weld County Commissioners
915 10th St
Greeley, CO 80631
RE: Lord Reservoir, File No. M-2019-056
RECEIVED
JAN 2 7 2020
WELD COUNTY
COMMISSIONERS
Please be advised that on January 22, 2020, H-2 Enterprises, LLC, whose address and telephone number are
4626 Weld County Road 65, Keenesburg, CO 80643; (720) 388-0155, filed an application to conduct a(n)
Surface mining and reclamation operation, at or near Section 4, Township 1N, 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 Cropland post -mining land use. The
application decision date is scheduled for February 6, 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 M2019056 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/SiteCollectionDocuments/Laserfische%20User%20Guide.pdf.
To be considered in the review process, comments or objections on the application must be submitted in
writing. 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 Peter S. Hays at the Division of Reclamation, Mining and Safety, 1313 Sherman Street, Room 215,
Denver, CO 80203, by telephone at 303-866-3567 x 8124, or by email at Peter.hays@state.co.us.
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1313 Sherman St. Room 215 Denver, CO 80203 P (303) 866.3567 F (303) 832-8106 https://colorado.gov/drms
Jared Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director
!COLORADO
Division of Reclamation,
i Mining and Safety
Department of Natural Resources
1313 Sherman Street, Room 215
Denver, Colorado 80203
CONSTRUCTION MATERIALS
SPECIAL OPERATION 111(1)(b)
RECLAMATION PERMIT APPLICATION FORM
Copy
RECEIVED
OCT 07 Z1::,)
WELD COUNTY
COMMISSIONr pQ
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 '/Z" 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
1. Applicant/operator or company name (name to be used on the permit):
H-2 Enterprises, LLC
1.1 Type of organization (corporation, partnership, etc.): LLC
2. Operation name (pit, mine or site name): Lord Resevoir
3. Permitted acreage: (must be 30 acres or less)
4. Fees:
4.1 New Application
5. Primary commoditie(s) to be mined:
Overburden Fill Dirt
20
Permitted Acres
$400.00 Application Fee
6. Name of owner to the surface of affected land: Turnpike, LLC
7. Name of owner to the subsurface rights of affected land: Turnpike, LLC
8. Location information: The center of the area where the majority of mining will occur:
COUNTY: Weld
PRINCIPAL MERIDIAN (check one):
SECTION (write number):
TOWNSHIP (write number and check direction):
RANGE (write number and check direction):
QUARTER SECTION (check one):
QUARTER/QUARTER SECTION (check one):
1171 6th (Colorado)
S 4
T1
R 63
n
n
NE
NE
II
n
n
10th (New Mexico) I I Ute
North
East
NW
NW
n
n
n
South
West
SE [7l SW
SE Ir l SW
1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us
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10/23/19 119
2019-4468
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9. 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 min sec
Longitude (W): deg , min sec
OR
Example: (N) 39.73691°
(W) -104.98449°
Latitude (N) 40 . 07333
Longitude (W) -104 45158
OR
Universal Transverse Mercator (UTM)
Example: 201336.3 E NAD27 Zone 13
4398351.2 N
(2 decimal places)
(2 decimal places)
(5 decimal places)
(5 decimal places)
UTM Datum (specify NAD27, NAD83 or WGS 84)
Easting
Northing
11. Primary Present Land Use (check only one):
n Cropland (CR) PI Pastureland (PL)
❑ Rangeland (RL) ❑ Forestry (FR)
❑ Residential (RS) nRecreation (RC)
ODeveloped Water Resources (WR)
Zone
nGeneral Agriculture (GA)
n Wildlife Habitat (WL)
nIndustrial/Commercial (IC)
10. Primary Future (Post -mining) Land Use (check only one):
nCropland (CR) [1 Pastureland (PL) General Agriculture (GA)
El Rangeland (RL) ❑ Forestry (FR) n Wildlife Habitat (WL)
Residential (RS) n Recreation (RC) [1 Industrial/Commercial (IC)
nDeveloped Water Resources (WR)
12. Duration of Project:
12.1 Estimated beginning date of excavation:
12.2 Estimated completion date of excavation:
06/05/2019
12/15/2019
-3-
13. 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:
Doug Cook
H-2 Enterprises, LLC
Title:
Director
4626 Weld County Road 65
Keenesburg
Telephone Number: (720 ) _ 388-0155
Email Address: dcook@h-2e.com
P.O. Box:
State: CO Zip Code: 80643
Fax Number: (303 ) _ 732-0510
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name: same as above 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: same as above 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: State: Zip Code:
Telephone Number: ( ) -
-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.
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 fmancial warranty is forfeited;
2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a fmding 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;
126'4.
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;
ilk— 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.
yes 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;
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.
iiri2'm. 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.
Title: Doug Cook Director
-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 1' day of OcA-o -- , Zolct
If Corporation Attest (Seal)
H-2 Enterprises, LLC
Applicant/Operator
By: By:
By:
Corporate Secretary or Equivalent
Town/City/County Clerk
State of 0,ChAtidAD )
p ) ss.
County of tAki d )
The foregoing instrument was acknowledged before me this t:bday of hiab-PA , o(40/ q ,
by as Doug Cook - Director of H-2 Enterprises, LLC
(Name)
(Title) (Applicant/Operator)
Public
My Commi
SIGNATURES MUST BE IN BLUE IN
sion exrMONIC
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20034011009
MY COMMISSION EXPIRES 6/10/2023
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