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HomeMy WebLinkAbout20191806.tiffDATE: COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman St. Room 215 Denver, CO 80203 RECEIVED MAY 24209 WELD COMMA S ONERS NOTICE Consideration of 112c Construction Materials Reclamation Permit Application May 20, 2019 TO: Weld County Commissioners 915 10th St Greeley, CO 80631 RE: Amen Aggregate Resource, File No. M-2019-025 Please be advised that on May 17, 2019, Coulson Excavating Company, Inc., whose address and telephone number are 3609 North Couhty Road 13 , Loveland, CO 80538; (970) 667-2178, filed an application to conduct a(n) Surface mining and reclamation operation, at or near Section 19, Township 5N, Range 67W, 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 Developed water resources post -mining land use. The application decision date is scheduled for August 15, 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 M2019025 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 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 Eric Scott at the Division of Reclamation, Mining and Safety, 1313 Sherman Street, Room 215, Denver, CO 80203, by telephone at 303-866-3567 x 8140, or by email at Eric.scott@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 I3ObIc 2- .)1 C0/3/51vg/19 Jared Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director C.G'•Pt-CTP), PWCJMIE,R/GHICyl) 1876 Z6101- 181000 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 Coulson Excavating Company, Inc. 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 Developed Water Resources 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. Pt bloc PlevietA3CC.PLCTP�,�PW�iN►If�ICH�CIh� 5I13I to 5/8/iq 2019-1806 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 - - _ New Application (Rule 1.4.5) E— Conversion Application (Rule 1.11) COLORADO DIVISION OF RECLAMATION MINING SAFETY (Please reference the file number currently assigned to this operation) Amendment Application (Rule 1.10) 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. Attnlicant/onerator or company name (name to be used on permit): Coulson Excavating Company, Inc. 1.1 Type of organization (corporation, partnership, etc.): Corporation 2. Operation name (nit, mine or site name): 3. Permitted acreage (new or existing site): 3.1 Change in acreage (+) 3.2 Total acreage in Permit area Amen Aggregate Resource 4. ees: 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 Gravel 5.1 Incidental commoditie(s) to be mined: 1. 158.59 158.59 permitted acres acres acres $2,696.00 application fee $3,342,00 quarry application $2,229.00 amendment fee $2,696.00 conversion fee lbs/Tons/yr 2. / lbs/Tons/yr 3. / lbs/Tons/yr 4. 1 lbs/Tons/yr 5. / lbs/Tons/yr 5.2 Anticipated end use of primary commoditie(s) to be mined: Construction 5.3 Anticipated end use of incidental commoditie(s) to be mined: -2- 6. Name of owner of subsurface rights of affected land: See Exhibit O If 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: Coulson Excavating Co., Inc, Crossant Family Farm LLC 8. Type of mining operation: Surface Underground 9. 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): J" (6th (Colorado) s19 10th (New Mexico) T 5 Q North 17 South R 67 ri East n West NE II riti NW •- 'SE SW SW Ute GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): -3.0 miles North East of Johnstown. Elevation —4,800 ft 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 min sec Longitude (W): deg min sec 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 decimal places) (5 decimal places) (2 decimal places) (2 decimal places) UTM Datum (specify NAD27, NAD83 or WGS 84) Nad 83 Zone 13 Easting 504667.57450 Northing 4469965.03987 -3- I I. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: Ken Coulson Company Name: Coulson Excavating Company, Inc. Street/P.O. Box: 3609 North County Road 13 City: Loveland State: Colorado Title: President P.O. Box: Zip Code: 80538 Telephone Number: (970 ) _ 667-2178 Fax Number: (970 ) _ 667-2193 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Peter Wayland Title: President Company Name: Weiland, Inc. Street/P.O. Box: P.O. Box: 18087 City: Boulder State: Colorado Zip Code: 80308 Telephone Number: f 303 ) - 443-9521 Fax Number: ( ) - INSPECTION CONTACT Contact's Name: Ken Coulson Title: President Company Name: Coulson Excavating Company, Inc. Street/P.O. Box: 3609 North County Road 13 P.O. Box: City: Loveland State: Colorado Zip Code: 80538 Telephone Number: (970 ) _ 667-2178 Fax Number: (970 ) _ 667-2193 CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Telephone Number: i ) - CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Telephone Number: Zip Code: -4- 12. Prima future (Post -mining) land use (check one): Cropland(CR) --i Rangeland(RL) Residential(RS) Developed Water Resources(WR) 13. Pr resen Ian e u e heck one El Cropland(CR) Pastureland(PL) Rangeland(RL) >� Forestry(FR) Residential(RS) Recreation(RC) Developed Water Resources(WR) Pastureland(PL) Forestry(FR) Recreation(RC) General Agriculture(GA) Wildlife Habitat(WL) Industrial/Commercial(1C) Solid Waste Disposal(WD) foiGeneral Agriculture(GA) Wildlife Habitat(WL) Industrial/Commercial(1C) 14. Method of Mining: Briefly explain mining method (e.g. truck/shovel): Excavator Haul Truck 15. On Site Processing: !r Crushing/Screening 13.1 Briefly explain mining method (e.g. truck/shovel): Crushers, Screens, Conveyors List any designated chemicals or acid -producing materials to be used or stored within permit area: Hot Mix Asphalt, Fuels 16. Description of Amendment or Conversion: If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s). -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 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 0 EXHIBIT P EXHIBIT Q EXHIBIT R EXHIBIT S Rule 1.6.2(I)(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 I - 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 noj.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; -6- 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 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 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 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 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 I 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.R.S. Signed and dated this 1 day of .t\ 7-01 Gsa-�S+GrIC ca�.� Applicant/Operator or Compan Co,, t( C me Signed: Title: ri^�S-fix �fi State of GoL.o-c- ) ss. County of L.--L---cr-12 x-- ) The foregoing instrument was acknowledged before me this / -1 ankh, by K,d'xm —'c-1 as If Corporation Attest (Seal) Signed: 1�,�. Corporate Secretary orEquivalt Town/City/County Clerk day of ) O,1 -N .h , of Cxn$ F`�Cc� (,aylrt CAITLYN KAUFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20184035097 MY COMMISSION EXPIRES SEPTEMBER 4, 2022 My Commission expires: /ZO �z- 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