HomeMy WebLinkAbout20162085.tiffEpviroept, Iqc.
LARRY E. O'BRIAN
FOUNDER
STEVAN L. O'BRIAN
PRESIDENT
June 24, 2016
Weld County Board of
County Commissioners
1050 "O" Street
Greeley, Colorado 80631
Re: Amended application for a Mined
Land Reclamation Permit
7985 VANCE DRIVE, SUITE 205A
ARVADA, COLORADO 80003
303-423-7297
FAX 303-423-7599
We are delivering to you here a Notice of Application and
supporting documents for the Carbon Valley Resource to be oper-
ated by L.G. Everist, Incorporated, pursuant to rule 2.2.2(1),
Colorado Mined Land Reclamation Board - Mineral Rules and Regula-
tions.
Please acknowledge receipt of this notice by signing in the
appropriate space provided below and return a signed copy of this
cover letter to the person delivering it. We need to submit this
copy to the Division of Reclamation, Mining & Safety as proof of
our filing with you.
Respectf3Jl,ly Submitted,
Stevan L. O'Brian
enclosure
LI.I.J
7.6-aoI®
RECEIVED
JUN 2 4 2C1a
WELD COUNTY
COMMISSIONER
RECEIVED THIS QH DAY OF -Tura,
Weld County �-,Boaryd of County Commissioners
Title
44-1-214-
Cc- CAL , (w
colas- tC
2016
2016-2085
NOTICE OF FILING
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATIONS
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
Weld COUNTY
L.G. Everist, Incorporated (the "Applicant/Operator") has applied for an amendment to their
Carbon Valley Resource regular (112) reclamation permit, Permit # M-2001-017, from the
Colorado Mined Land Reclamation Board ("the Board") to conduct an extraction of construction
materials operation 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
Colorado Division of Reclamation, Mining & Safety ("the Division") and the local county clerk
and recorders office.
The applicant proposes to reclaim the land as a developed water storage facility. Pursuant to
C.R.S. 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Board of County
Commissioners before approving 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 to the
application within twenty (20) days of the date of last publication 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 Division of Reclamation, Mining & Safety, 1313 Sherman St., Room
215, Denver, CO 80203, (303) 866-3567.
L.G. Everist, Incorporated.
June 24, 2016
Hand Delivered
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
COLORADO
DIVISION OF
RECLAMATION
MINING
—&—
SAFETY
CHECK ONE: ✓ There is a File Number Already Assigned to this Operation
in
Permit it M - 2,001_ 017 _ (Please reference the tile number currently assigned to this operation)
New Application (Rule 1.4.5) I " I Amendment Application (Rule 1.10)
Conversion Application (Rule 1.11)
Permit ≥♦ M _2001 _ 017 - (provide for Amendments and Conversions of existing permits)
The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (I) the application
form; (2) Exhibits A -S, Addendum I, any sections of Exhibit 6.5 (Geotechnical Stability Exhibit; and (3) the application fee. When you
submit your application, be sure to include one (I) complete signed and notarized ORIGINAL and one (I) 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.
I. Applicant/operator or company name (name to be used on permit): L.G. Everist, Incorporated
1.1 Type of organization (corporation, partnership, etc.): corporation
Operation name (pit, mine or site name)
Carbon Valley Resource
3. Permitted acreage (new or existing site): 65.0 permitted acres
3.1 Change in acreage ( ' ) 56.4 acres
3.2 Total acreage in Permit area 121.4 acres
4. Fees:
4.1 New Application
4.2 New Quarry Application
4.4 Amendment Fee
4.5 Conversion to 112 operation (set by statute)
5. Primary commoditie(s) to be mined: sand
gravel
5.1 Incidental commoditie(s) to be mined: I. n/a - lbs/Tons/yr
3. lbs/Tons/yr 4. I lbs/Tons/yr 5.
5.2 Anticipated end use of primary commoditie(s) to be mined: _
5.3 Anticipated end use of incidental commoditie(s) to be mined
$2.696.00 application fee
$3,342.00 quarry application
$2,229.00 amendment fee
$2,696.00 conversion fee
lbs/Tons/yr
Ibs/Tons/vr
construction aggregates
n/a
- 2 -
6. Name of owner of subsurface rights of affected land: L.G. Everist, Inc.
If 2 or more owners, "refer to Exhibit O".
7. Name of owner of surface of affected land: L.G. Everist, Inc.
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): T 2 North South
RANGE (write number and check direction): R 67 ri East 1 ---1 West
QUARTER SECTION (check one): E SW
QUARTER/QUARTER SECTION (check one): NE NW SE SW
GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation):
6th (Colorado)
$6
10th (New Mexico)
Ute
Approx. 1/2 mile north of Town of Firestone (center), approx. 4810' elevation
10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM):
Latitude/Longitude:
Example: (N)
(W)
390
104°
44' 12.98"
59' 3.87"
Latitude (N): deg min sec (2 decimal places)
Longitude (W): deg min sec (2 decimal places)
OR
Example: (N) 39.73691°
(W) -104.98449°
Latitude (N) 40.175367 (5 decimal places)
Longitude(W) -104.936479 (5 decimal places)
OR
Universal Tranverse Mercator (UTM)
Example: 201336.3 E NAD27 Zone 13
4398351.2 N
UTM Datum (specify NAD27, NAD83 or WGS 84) Nad 83 13
Zone
Easting
Northing
-3-
I L Correspondence Information:
APPLICANT/OPERATOR (name, address, and phone of name to be used on permit)
Dennis Fields
Contact's Name:
Company Name:
Street/P.O. Box:
City:
State:
Telephone Number:
Fax Number:
L.G. Everist, Inc.
Title: Vice President
7321 E 88th Avenue, Suite 200
Henderson
P.O. Box:
CO
(303 ) - 287-4656 (main office number)
(303
) _ 289-1348
zip Code: 80640
PERMITTING CONTACT (if different from applicant/operator above)
Steve O'Brian
Contact's Name:
Company Name:
Street/P.O. Box:
City:
State:
Telephone Number:
Fax Number:
INSPECTION CONTACT
Contact's Name:
Company Name:
Street/P.O. Box:
City:
State:
Telephone Number:
Fax Number:
Environment, Inc.
Title: owner/president
7985 Vance Drive, Suite 205A
Arvada
P.O. Box:
CO
( 303
( 303
) - 423-7297
) - 423-7599
Lynn M. Shults
L.G. Everist, Inc.
Zip Code: 80003
Title: Regulatory Manager
7321 E 88th Avenue, Suite 200
Henderson
P.O. Box:
CO
(303
(303
) _ 286-2247 (direct line)
) _ 289-1348
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State:
Zip Code: 80640
Zip Code:
Telephone Number: ( ) -
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( )-
_4-
12. Primary future (Post -minim') land use (check one):
I _
Cropland(CR) I I Pastureland(PL)
Rangcland(RI.) F Forestry(FR)
HResidential(RS) j I Recreation(RC)
4 V I Developed Water Resources(WR)
13. Primary present land use (check one):
B
Cropland(CR) Pastureland(PL)
Rangeland(RL) (''� Forestry(FR)
Residential(RS) f I Recreation(RC)
Developed Water Resources(WR)
II General Agriculture(GA)
TRWildlife Habitat(WL)
Industrial/Commercial(IC)
Solid Waste Disposal(WD)
HGeneral Agrieulture(GA)
Wildlife Habitat(WL)
Industrial/Commercial(1C)
14. Method of Mining: Briefly explain mining method (e.g. truck/shovel):
Dry -mining with excavators and front-end loaders, convey or haul (truck) raw material to processing plant
15. On Site Processing:
Crushing/Screening
13.1 Briefly explain mining method (e.g. tntek/shovel):
Raw material will be crushed and screened to specification -sizes, using portable or stationary processing equipment.
List any designated chemicals or acid -producing materials to be used or stored within permit area:
No chemicals are used in material processing. Water is used in processing and for dust suppression.
16. Description of Amendment or Conversion:
If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s).
L.G. Everist is amending M-2001-017 to add a property to the west of the permit area. The new
property will add 56.4 acres to the permitted acreage. The new property will be mined and
reclaimed using the same methods alr ady employed for the permitted acr age dry mining
methods, and reclaimed as clay -lined or slurry -wall lined water storage reservoirs.
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 L6.2(I)(b):
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT H
EXHIBIT 1
EXHIBIT 7
EXHIBIT K
EXHIBIT L
EXHIBIT M
EXHIBIT N
EXHIBIT O
EXHIBIT P
EXHIBIT Q
EXHIBIT R
EXHIBIT S
Rule I.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 l - 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)(6) 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 not nderstand these obligations then please contact this Office for a full explanation.
I. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal
liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands
associated with your mining operation in the event your permit is revoked and financial warranty is forfeited;
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
i boundary, substantial civil penalties, to you as permittee can result;
9X 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;
�9.,, 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 ioint 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.
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)(O, C.K.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 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 34-32.5-112,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 ���* day of
Dennis Fields for L.G. Everist, Incorporated
Applicant/Operator or Company Name
Signec�..�--^—'—.+`"""`"`z_
Title: Vice President
State of (/ ..4-4 a- )
ss.
County of (-
If Corporation Attest (Seal)
Signed: 1,4072#2—, v
Corporate Secretary or Equivalent
Town/City/County Clerk
The foregoing igstrument was ackngwledged before me this day o-J2l
i
�.U/�- ,bY L� ��—�-sa Z-.� `/r as - .f Ltl�, ztet
Ngt4' Public
Cynthia Antrim
Notary Republic, State of Colorado
4^.t Commission Expires February 19, 2020 SIGNATURES MUST BE IN BLUE INK
Notary ID: 20084005737
CC. P14
My Commission expires: ,..///f/762
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MINE LOCATION: PARTS OF THE
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R -67-W, 6TH P.M., WELD COUNTY,
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Copyright (C) 2008, N}yTopo, 2006-2i 6 T Tom
L.G. Everist, Inc.
Carbon Valley Resource
Map Exhibit B - Vicinity Map
Copyright (C) 2008, MyTopo
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