HomeMy WebLinkAbout20191972.tiffCOLORADO
Division of Reclamation,
Mining and Safety
Department of Natural Resources
1313 Sherman St. Room 215
Denver, CO 80203
NOTICE
Consideration of Construction Materials Reclamation Permit
Surety Reduction Request Application
DATE: October 30, 2020
TO: Weld County Commissioners
915 10th St
Greeley, CO 80631
FROM: Peter S. Hays
RECEIVED
NOV 0 9 2020
WELD COUNTY
COMMISSIONERS
RE: Keenesburg Project - File No. M-2019-027, Colorado Sand Company LLC
Surety Reduction Request Application (SR -01)
Please be advised that on October 28, 2020, Colorado Sand Company LLC, whose address and telephone
number are 2001 Kirby Drive Suite 360, Houston, TX 77019; (617) 852-0925, filed an application for a/an
Surety Reduction Request (SR- 01) to M2019027, Keenesburg Project, which is located approximately 1.5
miles of Keenesburg, CO, Section 12, Township 2N, Range 64W, 06th Principle Meridian, in Weld County.
Surety Reduction Request
The application decision is scheduled for December 28, 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.
Public R,view
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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 1 Virginia Brannon, Director
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DNR
COLORADO
Division of Reclamation,
Mining and Safety
Department of Natural Resources
1313 Sherman St. Room 215
Denver, CO 80203
NOTICE
Consideration of 110c Construction Materials Reclamation Permit Application
DATE: June 14, 2019
TO:
Weld County Commissioners
915 10th St
Greeley, CO 80631
RE: Keenesburg Project, File No. M-2019-027
RECEIVED
WELD COUNTY
COMMISSIONERS
Please be advised that on June 14, 2019, Colorado Sand Company LLC, whose address and telephone number
are 2001 Kirby Drive Suite 360, Houston, TX 77019; (617) 852-0925, filed an application to conduct a(n)
Surface mining and reclamation operation, at or near Section 12, Township 2N, Range 64W, 6th 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 July 13, 2019.
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 M2019027 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 within ten (10) 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 Peter 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.
M -AP -05M
1313 Sherman St. Room 215 Denver, CO 80203 P (303) 866-3567 F (303) 832-8106 https://mining.state.co.us
Pubic Review
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Jared Polls, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director
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Chloe Rempel
From:
Sent:
To:
Cc:
Subject:
Attachments:
Timothy McCarthy <tmccarthy@schediogroup.com>
Tuesday, May 21, 2019 12:27 PM
CTB-weld-districts
Chloe Rempel; Timothy McCarthy
Notice to Weld County BOCC of Filing Application
Notice of Filing Application (Weld County BOCC).pdf
Caution: This email originated from outside of Weld County Government Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Chloe
Thank you for taking a minute to speak with me on the phone regarding this. Please see the attached Notice of Filing
Application For Colorado Mined Land Reclamation Permit For Construction Materials Limited Impact (110) Operation
Notice To The Board Of County Commissioners Weld County, Colorado.
Colorado Sand Company LLC is the permit Applicant to the Division of Reclamation, Mining and Safety for a less than 10
acre mine just north of the Town of Keenesburg.
This notice to the Weld County BOCC is a requirement of the Division's application process.
Thank you so much for your help with this. I look forward to your return email with a copy of the attached containing
your standard "receipt" markings.
Please feel free to call or email anytime regrading this project.
Thank you!
Tim McCarthy, P.E.
303.968.7677
ZXEDIO
Schedio Group LLC
Timothy A. McCarthy, P.E.
Owner
c: 303.968.7677
e: tmccarthy@schediogroup.com
w: www.schediogroup.com
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2019-1972
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR CONSTRUCTION MATERIALS LIMITED IMPACT (110) OPERATION
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Colorado Sand Company LLC (the "Application/Operator") has applied for a Construction Materials
Limited Impact (110) 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 application/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 (10) days after the date
of the applicant's newspaper publication.
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.
RECEIVED
MAY 2 1 2019
WELD COUNTY
COMMISSIONERS
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
CHECK ONE:
CONSTRUCTION MATERIALS
LIMITED IMPACT (110) OPERATION
RECLAMATION PERMIT APPLICATION FORM
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)
New Application (Rule 1.4.5) F I 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 Limited Impact (110) Operation Reclamation Permit contains three major parts: (1) the
application form; (2) Exhibits A -J, Exhibit L, Addendum 1, any sections of Exhibit 6.5 and 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); 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 -J, Exhibit L, Addendum 1, and appropriate sections of 6.5 (Geotechnical Stability Exhibit), as required, and a check for the
application fee described under (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 described 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 Project
3. Permitted acreage (new or existing site):
3.1 Change in acreage (+)
3.2 Total Acreage in Permit Area
4. Fees:
4.1 New Application:
Amendment Fee (C.R.S. 34-32.5-125(II)):
5. Primary commoditie(s) to be mined: Sand
9.9
N/A
9.9
permitted acres
acres
acres
$1258.00 application fee
$827.00 application fee
5.1 Incidental commoditie(s) to be mined: 1. N/A / lbs/Tons/yr 2. / lbs/Tons/yr 3. / lbs/Tons/yr
4. / lbs/Tons/yr 5. / lbs/Tons/vr
5.2 Anticipated end use of primary commoditie(s) to be mined:
Anticipated end use of incidental commoditie(s) to be mined:
Industrial Uses
N/A
-2-
11. Correspondence Information:
APPLICANT/OPERATOR (name, address, and phone of name to be used on permit)
Contact's Name: David Patterson Title: Chief Financial Officer
Company Name: Colorado Sand Company LLC
Street/P.O. Box: 2001 Kirby Drive, Suite 360 P.O. Box: N/A
City: Houston
State: Texas Zip Code: 77019
Telephone Number: (617 ) 852-0925
Fax Number: ( N/A ) -
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name: Timothy McCarthy Title: Program Manager
Company Name:Schedio Group LLC
Street/P.O. Box: 808 9th Street P.O. Box: N/A
City: Greeley
State: Colorado Zip Code: 80631
Telephone Number: c 303 ) _ 968-7677
Fax Number: ( N/A )
INSPECTION CONTACT
Contact's Name: Mary Brown Title: Field Engineer
Company Name: Schedio Group LLC
Street/P.O. Box: 808 9th Street P.O. Box: N/A
City:
Greeley
State: Colorado Zip Code: 80631
Telephone Number: i 303 ) _ 666-4886
Fax Number: ( N/A ) -
CC: STATE OR FEDERAL LANDOWNER (if any)
N/A
Agency:
Street: N/A
City: N/A
State: N/A Zip Code: NA
Telephone Number: (
N/A )
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency: N/A
Street: N/A
City: N/A
State: N/A Zip Code: NA
N/A
Telephone Number: ( )
-3-
7. Name of owner of the subsurface rights of affected land:
8. Name of owner of the surface of affected land:
9. Type of mining operation:
Surface
See Attachment 1
See Attachment 2
riUnderground l ' In -situ
10. Location information: The center of the area where the majority of mining will occur:
COUNTY: Weld
PRINCIPAL MERIDIAN (check one): 1 J 6th (Colorado)
SECTION (write number): S 12
TOWNSHIP (write number and check direction): T 02
RANGE (write number and check direction): R 64
QUARTER SECTION (check one):
QUARTER/QUARTER SECTION (check one): NE NW E SE - SW
1
10th (New Mexico) Ute
fl
NE I 1
North
East
NW
E
South
West ";']
�
SE 1 1 SW
GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation):
Approximately 1.47 Miles @ North 69 Degrees West From The Town Of Keenesburg Elevation 4904 feet above mean seal level.
11. 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 08 sec 46 19
Longitude (W): deg 104 min 30 sec 31 27
OR
Example: (N) 39.73691°
(W) -104.98449°
Latitude (N) (5 decimal places)
Longitude(W) (5 decimal places)
OR
Universal Tranverse Mercator (UTM)
Example: 201336.3 E NAD27 Zone 13
4398351.2 N
(2 decimal places)
(2 decimal places)
UTM Datum (specify NAD27, NAD83 or WGS 84) _ NAD83 Zone 13
Easting
Northing
-4-
12. Prim
a future (Post -mining) land use (check,onc
,,,
Cropland(CR)
Rangeland(RL)
Residential(RS)
f
LiDeveloped Water Resources(WR)
Pastureland(PL)
Forestry(FR)
Recreation(RC)
13. Prim resent land use (check one):
ri
Cropland(CR) El Pastureland(PL)
ElRangeland(RL) Forestry(FR)
Residential(RS) FiRecreation(RC)
Developed Water Resources (WR)
E
General Agriculture(GA)
Wildlife Habitat(WL)
Industrial/Cormnerc ial(IC)
Solid Waste Disposal(WD)
General Agriculture(GA)
Wildlife Habitat(WL)
Industrial/Commercial(IC)
Mining (MN)
14. If this operation will use designated chemicals, or will result, or presently has acid mine drainage - you cannot use this application
form. You must submit either a 110d Od or 112d application form for Designated Mining Operations. In either case, you must list
any acidic or toxic -forming materials, exposed or disturbed as a result of the mining operation, and whether the operation will
result in or presently has acid mine drainage:
No Designated Chemicals; No Acid -Generating Material
15. 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
Maps & Exhibits:
Submit two (2) complete, unbound copies of the following application exhibits:
6.3.1
6.3.2
6.3.3
6.3.4
6.3.5
6.3.6
6.3.7
6.3.8
6.3.9
6.3.10
6.3.12
1.6.2(1)(b)
6.5
EXHIBIT A - Legal Description and Location Map
EXHIBIT B - Site Description
EXHIBIT C - Mining Plan
EXHIBIT D - Reclamation Plan
EXHIBIT E - Maps, to include the location of any recorded easements
EXHIBIT F - List of Other Permits and Licenses Required
EXHIBIT G - Source of Legal Right -to -Enter
EXHIBIT H - Municipalities Within a Two-mile Radius
EXHIBIT I - Proof of Filing with County Clerk
EXHIBIT J - Proof of Mailing Notices of Permit Application
EXHIBIT L - Permanent Man -Made Structures
ADDENDUM 1 - Notice Requirements (sample enclosed)
Geotechnical Stability Exhibit (as required)
-5 -
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 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, 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.
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 Mineral 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
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.
10. For joint venture/partnership permittee: the signing representative is authorized to sign when document and a power
of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application.
-6 -
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 review and decision or appeals process, you may contact the
Office at (303) 866-3567.
-7 -
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:
I. All necessary approvals from local government have been applied for (Section 34-32.5-1 I0(1)(a)(VIII).
2. 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.). (NOTE: For 110 operations, the affected area includes all lands delineated by the permit
boundary.)
3. 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.).
4. As the applicant/operator, I do not have any mining/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.).
5. 1 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. 1984.
This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-110, C.R.S., ofthe 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 aperneit pursuant to section 34-32.5-123, C.R.S.
Signed and dated this ( 5 #t" day of C" 4-j Z lc(
�OAJL oa Ire -is trt
Signed:
Applicant/Operator
ss� zo&--
Title: Chief Financial Officer
If Corporation Attest (Seal)
Signed: No Corporate Seal
Corporate Secretary or Equivalent
Town/City/County Clerk
State of CO Io ( A )
) ss.
County of Erna ) y� �1
The for oing instrume was acknowledged before methisICttl day of ( "/C?'(y I a
, by t 1l JtN i t 14rZ as pu b f 1 c of Of CcCOR l 1 o
,WAill
Notary Public i�
My Commission expires: i u 1i i/ 0Q, Q0� I
ASHLEY SANCHEZ
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 201740:30522.
My Commission Expires July 20, 2021
ATURES MUST BE IN BLUE INK
ATTACHMENT 1
(Application — Item 7: Name and Owner of the Subsurface Rights of Affected Land)
Subsurface Rights associated with the affected land (Section 12; T2N; R64W of the 6th Principal Meridian)
have been determined to be relatively complex, involving numerous entities and various mineral
commodities. Although the proposed CSC Keenesburg Project is to be situated within the SW1/4 of the
SW1/4 of Section 12, examination of title documents has largely focused on the whole of Section 12, and
no specific attempt has been made to "overlay" the proposed Project or Permit Area on top of the referenced
sub -surface ownership and/or lease agreements associated therewith, as the Keenesburg Project will only
mine "sand", a component of the surface estate. Accordingly, extensive effort to meaningfully identify and
define the full extent of the sub -surface mineral estate ownership is neither warranted nor relevant, as the
sub -surface mineral estate will remain undisturbed by the CSC mining operations. CSC has, however,
determined the following:
• Rights to all coal are reserved to the United States of America;
• Rights to oil and gas are reserved (by lease) to Noble Energy as a part of Agreement No. 371812
between Guttersen Ranches LLC (and/or its affiliates or assigns) and Noble Energy, Inc.;
• Royalty agreements relative to oil and gas production are known to be in place with multiple individuals
and/or entities; and,
• A right to oil and gas was apparently reserved (by lease) to AMOCO Production Company; however,
examination of title documents suggest that said lease has since lapsed.
Irrespective of the foregoing, CSC reiterates that all mining and mineral extraction activities will be
confined to only the surficial "sand"; thus, it is a commodity present at the surface and considered to be a
component of the surface estate.
ATTACHMENT 2
(Application — Item 8: Name of Owner of the Surface of Affected Land)
The owner of the surface of (the) affected land, as shown on Line 8 and as so -recorded at the offices of the
Weld County, Colorado Clerk and Recorder, is Guttersen Ranches LLC.
Guttersen Ranches LLC, (and/or the individuals associated therewith), however, has interests in, or is a part
of, a number of subsidiary or affiliated entities that, by necessity, are or may be signatory to the numerous
and various agreements that may be associated with the Keenesburg Project. To that end, and to ensure
consistency and expediency in the review process, CSC has or may elsewhere identify the entity as
"Guttersen Ranches LLC (and/or its affiliates or assigns)" in order to ensure that all so -referenced affiliated
entities are considered (by DRMS) to be all-inclusive. The specific entities so -identified to date include
the following:
• Guttersen Ranches LLC
• Guttersen Exchange LLC
Hello