HomeMy WebLinkAbout20173990.tiff1313 Sherman St. Room 215
Denver, CO 80203
COLORADO
Division of Reclamation,
Mining and Safety
Notice of 111 Construction Materials
Reclamation Permit Release Request Consideration
DATE: August 28, 2018
TO: Weld County Commissioners
915 10th St
Greeley, CO 80631
FROM: Eric C. Scott, Environmental Protection Specialist
RECEIVED
SEP 0 4 2018
WELD COUNTY
COMMISSIONERS
RE: Ames Construction, Inc., Horton's Borrow, Permit No. M-2017-053-(SLO/)
Please be advised that on August 24, 2018, Ames Construction, Inc., whose address and telephone number
are 18450 E. 28th Ave. , Aurora, CO 80011; (303) 363-1000, submitted a request for full reclamation
responsibility release for the Horton's Borrow, Permit No. M-2017-053. The construction materials
extraction operation is located at or near Section 27, Township 6N, Range 65W, 6 Principal Meridian, in
Weld County.
Written comments or objections to the release may be submitted to, and additional information obtained
from, the Division of Reclamation, Mining and Safety, 1313 Sherman Street, Room 215, Denver, Colorado
80203, (303) 866-3567. Comments or objections should be submitted within 15 days. The Division is
required to wait 30 days after the release decision is made to allow for appeals.
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1313 Sherman St, Room 215 Denver, CO 80203 P (303) 866-3567 F
John W. Hickenlooper, Governor ! Robert W. Randall, Executive Director i Virginia Brannon. Director
COLORADO
Division of Reclamation,
Mining and Safety
Department of Natural Resources
1313 Sherman St. Room 215
Denver, CO 80203
NOTICE
Consideration of 111 Construction Materials Reclamation Permit Application
DATE: December 8, 2017
TO: Weld County Commissioners
915 10th St
Greeley, CO 80631
FROM: Eric C. Scott, Environmental Protection Specialist &Z2''•n
RE: Horton's Borrow, File No. M-2017-053
RECEIVED
DEC 1 3 2017
WELD COUNTY
COMMISSIONERS
Please be advised that on December 7, 2017, Ames Construction, Inc., whose address and telephone number
are 18450 E. 28th Ave., Aurora, CO 80011; (303) 363-1000, filed an application to conduct a(n) Surface
mining and reclamation operation, at or near Section 27, Township 6N, Range 65W, 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 December 22, 2017.
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 M2017053 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 by 5:00pm on December 12, 2017. 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.
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1313 Sherman St. Room 215 Denver, CO 80203 P (303) 866-3567 F
John W. Hickentooper, Governor I Robert W. Randall, Executive Director I Virginia Brannon, Director
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Mined Land Reclamation
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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 MATERIAL
SPECIAL (111) OPERATION
RECLAMATION PERMIT APPLICATION PACKAGE
APPLICABILITY:
COLORADO
DIVISION OF
RECLAMATION
MINING
- &--
SAFETY
RECEIVED
NOV 2 0 2017
COMMISSIONERS
The 111 Reclamation Permit application package is for a construction material extraction operation which extracts sand, gravel or quarry
aggregate for the sole purpose of obtaining material for highway, road, utility, or similar type construction under a federal, state, county,
city, town, or special district contract and where the contract calls for work to be commenced within a specifically short time affecting thirty
(30) acres or less. If you plan to conduct a construction material extraction operation which meets these criteria, please follow the
instructions provided in this package, in the Rules and Regulations, and in the Colorado Land Reclamation Act for the Extraction of
Construction Materials, as required.
RECOMMENDATIONS PRIOR TO FILING:
The Construction material Rules and Regulations (the Colorado land Reclamation Act for the Extraction of Construction Materials,
Section 34-32.5-101, et seJc., C.R.S., and 2 CCR 407-1) and the Colorado Mined Land Reclamation Board (the "Board") regulate the
permitting, operational, and reclamation requirements for all construction material extraction operations in Colorado. It is your obligation to
comply with the Act and Regulations. You arc encouraged to obtain and review a copy of the Rules, available for $8.00 from the Division
of Reclamation, Mining, and Safety (the "Office"). In order to submit your application properly, it is recommended that you review the Act
and:
Rule 1.1 Definitions;
Rule 1.4 Application Review and Consideration Process;
Rule 1.6 Public Notice Procedures;
Rule 3.1 Reclamation Performance Standards;
Rule 3.3.1 Operating without a Permit - Penalty;
Rule 4 Performance Warranties and Financial Warranties;
Rule 6 Permit Application Exhibit Requirements;
Rule 6.2 General Requirements of Exhibits;
Rule 6.3 Specific Permit Application Exhibit Requirements;
Rule 6.5 Geotechnical Stability Exhibit (as required).
It is recommended that you contact the agencies listed under in the application section titled "Compliance With Other Laws" prior to
submitting the application to the Office.
Office of
Office of
Denver • Grand Junction • Durango
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Active and Inactive Mines
2017-3990
-11 -
FILING REQUIREMENTS:
In order to apply for a Reclamation Permit for a Special 111 Operation, please provide:
o One (1) signed and notarized completed ORIGINAL and one (1) copy of the completed Special 111 Operation Application
Form.
o Two (2) copies of all Exhibits (required sections described in Rule 6).
o Two (2) copies of Addendum 1 - Notice requirements (described in Rule 1.6.2(1)(b)). An example of this notice is attached
for your use.
o The Geotechnical Stability Exhibit when required by the Division.
o The application fee.
o The FULLY EXECUTED financial and performance warranty forms.
NOTICE REQUIREMENTS:
1. You MUST send a notice, on a form approved by the Board, to the local board of county commissioners. A copy of this
"Notice of Filing Application" form is attached for your use.
2. If the mining operation is within the boundaries of a conservation district, send a notice to the board of supervisors of the
conservation district, PRIOR to filing the application. A copy of this "Notice of filing Application" form is attached for your use.
3. You MUST include proof of notice #1 and #2 above with the application at the time the application is submitted to the Office
for filing (Rule 1.6.2(1)(g)).
4. Prior to filing the application, place for public review a copy of the application, less confidential items, with the clerk or
recorder of the county or counties in which the affected land is located. You MUST provide the office with an affidavit or receipt
indicating the date on which the copy of the application was placed with the clerk or recorder at the time the application is
submitted to the Office for filing (Rule 1.6.2(1)(c)).
5. Any changes or additions made to an application submittal MUST be filed with the county clerk or recorder. You MUST also
provide the Office with an affidavit or receipt demonstrating that the change was filed with the county clerk or recorder no later
than the close of business on the day the change was filed with the Office (Rule 1.8.1(2)).
The copy of the application and any changes or additions placed at the office of the county clerk or recorder shall NOT be recorded, but
shall be retained there for at least sixty (60) days after a decision on the application by the office and be available for inspection during this
period. At the end of this period, the application may be reclaimed by the applicant or destroyed (Rule 1.6.2(2)).
APPLICATION REVIEW PROCEDURES:
The Office shall approve or deny the application within fifteen (15) days of filing unless the date for consideration by the Office is extended
pursuant to Rule 1.8. If any changes or additions are made to the application after initial submittal, the local board of county commissioners
MUST be notified. Proof of filing notice of the change with the county MUST be provided to the Office. A form approved by the Board
for these purposes is enclosed with this application package.
If the requirements of the Act and Rules have been satisfied, the Office will approve the application. The Act also provides for automatic
approval if no action is taken by the office by the end of the 15 day review period.
APPLICATION APPROVAL/DENIAL:
the requirements of the Act and Rules have not been satisfied, the Office will deny the application. If the Office denies the application,
you may appeal to the Board for a final determination by submitting a written request for an administrative appeal to the Board within 60
days of the date of the decision (Rule 1.4.7).
PERFORMANCE AND FINANCIAL WARRANTIES:
The application MUST include a fully -executed performance warranty (enclosed with this application), and submitted with the application.
The application MUST also include a fully executed financial warranty in the amount of $2,500 per acre of affected land (a fraction of an
acre is counted as one acre for calculation). The law and regulations allow for several different types of financial warranty. Please review
Rule 4 of the Rules to determine what type of financial warranty you desire to use. Appropriate forms are available by request from the
Office. If you are a governmental entity, a financial warranty is NOT required but a performance warranty is required.
COMPLIANCE WITH OTHER LAWS:
Compliance with the Act and Rules and Regulations of the Mined Land Reclamation Board DOES NOT in any way relieve you of the
responsibility to comply with all other applicable state and federal laws (Section 115(4)(c), 34-32.5-109(5) C.R.S.). We recommend that
you contact the following agencies to determine whether you need to comply with their legal requirements:
o The Colorado State Historical Preservation Office regarding properties of historical significance including the need for an
archeological survey, procedures for requesting a file search, and inventory forms to identify structures;
o Colorado Division of Water Resources with regard to water rights;
o Colorado Department of Health, Water Quality Control Division, with regard to the discharge of pollutants into State waters;
o Colorado Department of Health, Air Pollution Control Division, with regard to the need for a fugitive dust permit;
o U.S. Bureau of Land Management or U.S. Forest Service for proposed operations on Federal lands;
o U.S. Army Corps of Engineers regarding a dredge and fill (404) permit; and
o The County Planning Department for the county or counties in which the proposed operation is located.
Section 34-32.5-109(3), C.R.S., requires a mining operator to be responsible for assuring that the mining operation and the
post -mining land use comply with local land use regulations and any master plan for extraction adopted pursuant to
Section 34-1-304, C.R.S.
PERMIT APPROVAL:
An applicant will not be issued a reclamation permit until notified by the Office that this application and the required performance and
financial warranties have been approved. Alternatively, an automatic approval will occur where the Office fails to notify the
applicant/operator that the application has been denied. This decision must be made fifteen (15) calendar days from the date the application
was submitted. However, the performance and financial warranties must be submitted and approved by the Office before the permit will be
issued even if you receive an automatic approval. NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT IS ISSUED (Rule
4.1(2)).
COMPLETION OF MINING:
Upon completion of any phase of reclamation, you should consult Rule 3.1 for reclamation standards and 4.16 for details on how to request
a reclamation responsibility release from the Board.
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
SPECIAL (111) OPERATION
RECLAMATION PERMIT APPLICATION FORM
COLORADO
DIVISION OF
RECLAMATION
MINING
-&--
SAFETY
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 if required a Financial Warranty. When
you submit your application, be sure to include one (1) completed, signed and notarized ORIGINAL and one (1) copy of the completed
application form, two (2) copies of Exhibits A -L, Addendum 1, appropriate sections of Exhibit 6.5 (Geotechnical Stability Exhibit), as
required, a check for the application fee described under (4) below, and the fully executed Performance Warranty and Financial Warranty, if
required. Exhibits should Nat 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 dearly, in the space provided, all information described below
1. Applicant/operator or company name (name to be used on the permit):
Ames Construction, Inc.
1.1 Type of organization (corporation, partnership, etc.): Corporation
2. Operation name (pit, mine or site name): Norton's Borrow
3. Permitted acreage: 7.4 Permitted Acres
4. New Application: $898.00 Application Fee
5. Primary commodities) to be mined: Fill Dirt
6. Name of owner to the surface of affected land: Front Range Feedlots LLC
7. Name of owner to the subsurface rights of affected land: Front Range Feedlots LLC
8. Tyne of mining operation: II Surface El Underground .0 In -situ
9. Location information: The center of the area where the majority of mining will occur:
COWeld County
PRINCIPAL MERIDIAN (check one): UNT. 6th (Colorado) t - 1 10th (New Mexico) II Ute
SECTION (write number): S 27
TOWNSHIP (write number and check direction): T 06 North _Aani,_ South
RANGE (write number and check direction): R 65 East I— West
QUARTER SECTION (check one): NE NW
NW
SE SW
QUARTER/QUARTER SECTION (check one): NE SE SW
GENERAL DESCRIPTION: (the number of miles an irection from the nearest town and the approximate elevation):
31834 COUNTY ROAD 34
Mined Land Redamation
Office of Office of
Denver • Grand )unction • Durango Active and Inactive Mines
-2-
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 40 min 27 sec 51 .47 (2 decimal places)
Longitude (W): deg 104 m• 39 sec 27 55
in (2 decimal places)
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)
UTM Datum (specify NAD27, NAD83 or WGS 84)
Easting
Northing
Nad 83
.1. Primary Future (Post -mining) Land Use (check only one):
Cropland(CR)
Rangeland(RL)
Residential(RS)
El Developed Water Resources(WR)
12. Primary Present Land Use (check only one):
O Cropland(CR) Pastureland(PL)
Rangeland(RL) ® Forestry(FR)
Residential(RS) ® Recreation(RC)
El Developed Water Resources(WR)
13. Estimated Beginning Date of Contract:
El Pastureland(PL)
Forestry(FR)
El Recreation(RC)
12
Zone
El General Agriculture(GA)
Wildlife Habitat(WL)
Industrial/Commercial(IC)
El Solid Waste Disposal(WD)
El
General Agriculture(GA)
El Wildlife Habitat(WL)
fl Industrial/Commercial(IC)
Mining(MN)
DECEMBER 4, 2017
13.1 Estimated completion date of contract: MAY 31,2018
-3-
15. Correspondence Information:
APPLICANT/OPERATOR (name, address, and phone of name to be used on permit)
Contact's Name: Robert Gillis Title: Senior Vice President
Company Name: Ames Construction, Inc.
Street/P.O. Box: 18450 E. 28th Ave P.O. Box:
City: Aurora
State: CO Zip Code: 80011
Telephone Number: (303 ) _ 363-1000
Fax Number: ( ) -
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name: Michael Volosin Title: Project Engineer
Company Name: Ames Construction, Inc.
Street/P.O. Box: 18450 E. 28th Ave P.O. Box:
City: Aurora
State: CO Zip Code: 80011
Telephone Number: (303 ) _ 363-1000
Fax Number: ( ) -
INSPECTION CONTACT
Contact's Name: Michael Volosin Title: Project Engineer
Company Name: Ames Construction, Inc.
Street/P.O. Box: 18450 E. 28th Ave P.O. Box:
City: Aurora
State: CO Zip Code: 80011
Telephone Number: (303 ) _ 363-1000
Fax Number: ( ) -
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( ) -
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( )
-4-
14. Maps & Exhibits: Submit two (2) complete, unbound copies of the following application exhibits:
6.3.1
6.3.2
6.3.2
6.3.4
6.3.5
6.3.6
6.3.7
6.3.8
6.3.9
6.3.10
6.3.11
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 K - Terms of Governmental Contract
EXHIBIT L - Permanent Man-made Structures
ADDENDUM 1 - Notice Requirements
Geotechnical Stability Exhibit (as required)
Responsibilities as a Perniittee:
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 fmancial 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;
sit 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;
i4
7c.
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 new permit application 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.
-5-
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 ($504), 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 an
operator, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility.
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.
-6 -
Certification:
As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of
he 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. 1984, as amended), 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. 1984, as amended);
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. 1984, as amended) 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. 1984, as amended.
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
eor operating without a permit pursuant to section 34-32.5-123, C.R.S.
l
Signed and dated this %J day of KimfewAber , 2 17 .
Ames Construction, Inc.
By:
Title: Senior Vice President
If Corporation Attest (Seal)
By:
Corporate Secretary or Equivalent
Town/City/County Clerk
State of C. 3LOCLAQCI )
)ss.
County of c cr )
The foregoing instrument was acknowledged before me this 5`'-1- day of c\Nv....IY\ r \`�1
by 1 \076E-(ZT as c.C.rNipe__\1 tic ce.5;,SENT of trt►'"10.0n.5TRu-o-rtotS.roc.
CATHERINE ANN HARRISON
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19974014716
My Commission Expires August 21, 2021
itLQ ,1
vl
Notary Public
My Commission expires: I a 1 I ;Oat
SIGNATURES MUST BE IN BLUE INK
The following is a sample of the Notice required for Rule 1.6.2(1)(b) that you may wish to use. You must post a notice at the
proposed access to the site.
NOTICE
This site is the location of a proposed construction materials operation. (Name of the Applicant/Operator) Ames Construction, inc.
whose address and phone number is (Address and Phone Number of the Applicant/Operator) 18450 E. 28th Ave, Aurora, CO 80011
, has applied for a Special 111 Operation Reclamation Permit with the Colorado Mined Land Reclamation Board.
Anyone wishing to comment on the application may view the application at the (County Name) Weld County
County Clerk or Recorder's Office, (Clerk or Recorder's Office Address) 1401 N. 17th Ave, Greeley, CO 80631
and should send comments prior to the end of the public comment period to the Division of Reclamation, Mining, and Safety,
1313 Sherman St., Room 215, Denver, Colorado 80203.
303-363-1000
Certification:
I, (Name of the Applicant/Operator) Ames Construction, Inc. hereby certify that I posted a sign containing the
above notice for the pro 'os-d permit area known as the (Name of Operation) Norton's Borrow .,on (Date
Posted)
/t
SIG TURF DATE
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR SPECIAL 111 OPERATION
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
Weld County COUNTY
Ames Construction, Inc.
(the "Applicant/Operator") has applied for a Special 111 reclamation permit from the
Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials in
Weld County
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 or recorder.
The Applicant/Operator proposes to reclaim the affected land to General Agriculture 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 five (5) working days after the application was filed with the Division.
S 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 St., 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 changes.
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR SPECIAL 111 OPERATION
NOTICE TO THE BOARD OF SUPERVISORS
OF THE LOCAL CONSERVATION DISTRICT
West Greeley Conservation DISTRICT
Ames Construction, Inc.
(the "Applicant/Operator") has applied for a Special 111 reclamation permit from the
Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials in
Weld County 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 or recorder.
The Applicant/Operator proposes to reclaim the affected land to General Agriculture use. Pursuant to
Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Conservation Districts 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 five (5) working days after the application was filed with the Division.
'f 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 St., 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 changes.
NOTICE OF FILING CHANGE TO A
SPECIAL 111 OPERATION APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
Weld County COUNTY
Ames Construction, Inc. (the "Applicant/Operator") has applied for a change to a Special 111 reclamation permit
from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials in
Weld County County. The entire application is on file with the Division of Reclamation, Mining, and
Safety (the "Division") and the local county clerk or recorder.
The attached information is being provided to notify you there has been a change proposed in the application filed previously.
Notice of the original application should have been sent to you earlier by the applicant/operator on a "Notice of Filing
Application" form.
If you have any questions regarding this application, please feel free to contact the Division of Reclamation, Mining, and
Safety, 1313 Sherman St., Room 215, Denver, Colorado 80203, (303) 866-3567.
NOTE TO APPLICANT/OPERATOR: You must attach a complete and accurate copy of the change to a previously filed
application with the copy placed with the county clerk or recorder.
M:\min\share\vsforms\07-07010 vsforms\Construction) l 107/24/2007
An example Structure Agreement which meets the requirements of the Statutes is shown below.
*************************************************************************************
Structure Agreement
This letter has been provided to you as the owner of a structure on or within two hundred (200)
feet of a proposed mine site. The State of Colorado, Division of Reclamation, Mining and Safety
("Division") requires that where a mining operation will adversely affect the stability of any significant,
valuable and permanent man-made structure located within two hundred (200) feet of the affected land,
the Applicant shall either:
a) Provide a notarized agreement between the Applicant and the Person(s) having an interest in the
structure, that the Applicant is to provide compensation for any damage to the structure; or
b) Where such an agreement cannot be reached, the Applicant shall provide an appropriate
engineering evaluation that demonstrates that such structure shall not be damaged by activities
occurring at the mining operation; or
c) Where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead,
from the, owner(s) of the utility that the mining and reclamation activities, as proposed, will have
"no negative effect" on their utility. ( Construction Materials Rule 6.3.12 and Rule 6.4.19 & Hard
Rock/Metal Mining Rule 6.3.12 and Rule 6.4.20)
The Colorado Mined Land Reclamation Board ("Board') has determined that this form, if
properly executed, represents an agreement that complies with Construction Materials Rule 6.3.12(a),
Rule 6.4.19(a), and C.R.S. § 34-32.5-115(4)(e) and with Hard Rock/Metal Mining Rule 6.3.12(a), Rule
6.4.20(a), and C.R.S. § 34-32-115(4)(d). This form is for the sole purpose of ensuring compliance with the
Rules and Regulations and shall not make the Board or Division a necessary party to any private civil
lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the
Division.
The following structures are located on or within 200 feet of the proposed affected area:
1.
Building 1 at 40°27'39.1"N 104°39'28.7"W
2.
3.
4.
5.
(Please list additional structures on a separate page)
CERTIFICATION
The Applicant, Ames Construction, Inc. (print applicant/company name),
by Robert Gillis (print representative's name), as Senior Vice President (print
representative's title), does hereby certify that Front Range Feedlots LLC (structure owner) shall
be compensated for any damage from the proposed mining operation to the above listed structure(s)
located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation
Permit Application for Horton's Borrow (operation name),
File Number M -
This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its
authority under the Colorado Land Reclamation Act for the Extraction of Construction Materials and
the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations.
Any alteration or modification to this form shall result in voiding this form.
NOTARY FOR PERMIT APPLICANT
ACKNOWLEG D BY:
Applicant Representative Name robte P 6r' I I rS
Date ‘,1 ^ 15"2.0 1 Title 5cn; r VP
STATE OF 0..pwe .W.O 6 )
) ss.
COUNTY OF POp.m.5 )
The foregojsg was acknowledged before me this ‘5i-4 day of uem%_r , 20V1, by
s as 5e.r\To?_. P of ArneS CorUsr-Q.0 - rorJ'T .
g(D- gl.A.A..;30---
Notary Public
My Commission Expires: Id l
CATHERINE ANN HARRISON
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19974014716
My Commission Expires August 21, 2021
NOTARY FOR STRUCTURE OWNER
ACKNOWLEGED BY:
Structure Owner (rem ea„, �.o,16l1 LIZ Name Z D5 PI
Date // // y l / Title Cie/
STATE OF Ca `0r
)ss.
COUNTY OF We f) )
The foregoing was acknowledged before me this j u day of Noveotker , 2011, by
Tki a as CFA of F,p,►r cc fot5 UC.
My Commission Expires: /9,'r / �1; oR I
/Notary Public
XE.LY A RAiROCN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY IC 20174017635
MY COMMISSION EXPIRES AFR!L 24.2021
STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
313 Sherman St., Room 215
Denver, Colorado 80203
Phone: (303) 866-3567
FAX: (303) 832-8106
Operator:
Operation:
Permit Number:
PERFORMANCE WARRANTY
Ames Construction, Inc.
Horton's Borrow
COLORADO
DIVISION OF
RECLAMATION
MINING
- &-
SAFETY
This form has been approved by the Mined Land Reclamation Board ("Board') pursuant to
the Mined Land Reclamation Act (C.R.S. § 34-32-101 et. seq.) ("Hard Rock Act') and
associated Rules (2 C.C.R. 407-1) ("Hard Rock Rules') and the Land Reclamation Act for the
Extraction of Construction Materials (C.R.S. § 34-32.5-101 et. seq.) ("Construction Materials
Act') and associated Rules (2 C.C.R. 407-4) ("Construction Materials Rules"). Any alteration
or modification of this form, without approval by the Board shall result in the performance
warranty being invalid and result in the voiding of any permit issued in conjunction with such
invalid performance warranty and subject the operator to cease and desist orders and civil
penalties for operating without a permit pursuant to sections 34-32-123, C.R.S. of the Hard
Rock Act and 34-32.5-123, C.R.S. of Construction Materials Act.
KNOW ALL MEN BY THESE PRESENTS, THAT:
WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. § 34-32-101 et m. (the
"Hardrock Act"), as amended, and the Colorado Land Reclamation Act for the Extraction of
Construction Materials, C.R.S. § 34-32.5-101 et sew. (the "Construction Materials Act"), as
amended (collectively the "Acts"), provide that no permit may be issued until the Mined Land
Reclamation Board (the "Board") receives a performance warranty consisting of the Operator's
written promise to comply with the requirements of the Hardrock or Construction Materials Act,
whichever is applicable.
WHEREAS, Ames Construction, Inc.
permit to conduct a mining operation known as
(the "Operation") on certain lands in Weld County, Colorado. These
lands are described in the permit application, as amended and supplemented, and are referred to
herein as the "Affected Lands."
(the "Operator"), has applied for a
Horton's Borrow
WHEREAS, in its application for the permit, the Operator has agreed to be bound by all
requirements of the Hardrock or Construction Materials Act and all applicable rules and
regulations of the Board, as amended from time to time.
Office of
Mined Land Reclamation
Inactive Mines
Denver • Grand Junction • Durango
Office of
Active and
WHEREAS, the Operator hereby gives the Board this performance warranty pursuant to
C.R.S. §§ 34-32-117(2) or 34-32.5-117(2), and herein promises the Board that it will comply
with all applicable requirements of the Hardrock or Construction Materials Act.
NOW, THEREFORE, The Operator hereby promises the Board that it will comply with
all applicable requirements of the Hard Rock or Construction Materials Act and applicable rules
and regulations of the Board.
The Operator hereby promises the Board that it will comply with all of the terms of the
application for a permit, as amended and supplemented, as well as any conditions attached to the
permit by the Board.
The Operator promises the Board, pursuant to C.R.S. §§ 34-32-112(1)(d) or
34-32.5-112(1)(b)(IV), that it has the lawful authority to enter upon the Affected Lands to
conduct mining operations, including, but not limited to, reclamation. The Operator further
recognizes the right of the Board to enter to reclaim lands affected by the Operation.
The description of lands herein is for convenience of reference only, and no error in such
description, revision of the permitted mining area, or disturbance by the Operator of lands
outside of the permitted mining area shall alter or diminish the Operator's obligation hereunder,
which shall extend to the reclamation of all such lands disturbed.
The obligation of the Operator hereunder is such that, if the Operator shall successfully
comply with the requirements of the Hardrock or Construction Materials Act, applicable rules
and regulations, and the permit, then the Board, upon a finding that the Operator has so
complied, shall release this performance warranty, and the Operator from its obligation
hereunder. The obligation of the Operator hereunder shall continue until released by the Board
in accordance with applicable law.
The Operator promises to be responsible for the cost of reclamation up to the amount
established by the Board and has attached hereto its financial warranty, in accordance with
C.R.S. §§ 34-32-117(3) or 34-32.5-117(3). The Operator agrees that it will maintain a financial
warranty (or warranties) covering the Board's estimated costs of reclamation in good standing
for the entire life of the permit. If the Operator is a unit of County or Municipal government, or
is a department or division of State government, the Operator is not required to submit or post
any other instrument of financial responsibility but hereby promises to be responsible for the cost
of reclamation up to the amount specified by the Board.
If the Board determines that the Operator is in default under this performance warranty
and has failed to cure such default, although written notice of such default and ample time to
cure such default have been given, the Operator's financial warranty shall be subject to forfeiture.
This performance warranty may be executed in multiple copies, each of which shall be
treated as an original, but together they constitute only one agreement, the validity and
interpretation of which shall be governed by the laws of the State of Colorado. The provisions
hereof shall bind and inure to the benefit of the parties hereto and their successors and assigns.
2
SIGNED, SEALED AND DATED this I C day of /Vaicr16t.e- , 2017
l c vt4e5 Ca rt 5 d'1` GI_GC TI'D A 170 G •
Operator i
By:
(SEAL)
�,Z er/ fG.rIf,s
Title: '5 e n F o r VP
NOTARIZATION OF OPERATOR'S ACKNOWLEDGEMENT
STATE OF Ci',ti`7Q.R 00 )
ss.:
COUNTY OF '(� Op,5 )
The foregoing instrument was acknowledged before me this ‘5' day of k_(‘‘)e n C , ,
by \o CalE 2r G LT 5 as 5r- e v P of V rn nn.5rrcizc,Toc. .
CATHERINE NOTAHARRISON
NOTARY UBUC
STATE OF COLORADO 1%,.y Commission Expires
NOTARY ID 19974014716
My Commission Expires August 21, 2021
STATE OF COLORADO
DEPARTMENT OF NATURAL RESOURCES
MINED LAND RECLAMATION BOARD
DIVISION OF RECLAMATION, MINING AND SAFETY
By: Date Executed:
Division Director
Notary PublicC32±-,t.,___Ln n ,1 ,0, -
tat\ana,l
Rev. 05/12
-3
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