HomeMy WebLinkAbout770564.tiff WAN'(!) DINO csit "`>+i41Mtt,
STATE OF COLORADO RICHARD D. LAMM. Governor fa,"If5 :1( r-'fi('. 7r r`~
DEPARTMENT OF NATURAL RESOURCES
f ? S ri
If9
Harris D. Sherman. Executive Director
0CT 3 1977
MINED LAND RECLAMATIO
GREELEY. COLO.
Y', _• 723 Centennial Building, 1313 Sherman Street
. Denver, Colorado 80203 Tel. (303) 892-3567
9/30/77
C. C. McCall,
Weld County Administrator
915 10th Street
Greeley, Colorado 80631
CERTIFIED MAIL NO. 443226
RETURN RECEIPT REQUESTED
RE: Compliance Plan -
County: WELD
Dear
Your request to come under the Compliance Plan was heard by the Mined Land Reclamation
Board on September 22, 1977, and was unanimously approved. As long as you comply with
all terms and conditions of the Consent Agreement and the Cease & Desist Order, you
will be in compliance with the law and may legally continue working all operations list-
ed in this Compliance Plan. You will now be responsible for submitting your applications
in accordance with the dates in the Cease & Desist Order and Consent Agreement. If any
changes are made in deadlines, we will send you another mailing.
You should also be aware of the fact that the Board has adopted a policy of accepting a
resolution by the county commissioners establishing a line item in the county's budget
and establishment of a special reclamation account in lieu of a bond or other form of
acceptable surety for all operations which must be submitted no later than Oct. 31, 1977 ,
at the rate of $500/acre for Regular (112) operations and $2500 (total) for each Limited
Impact operation. The total amount of your reclamation costs will be $87,000.00
subject to further revision. I have enclosed a copy of the form to submit in lieu of a
bond or other surety as well as copies of the following:
1. Application forms;
2. Compliance Plan;
3. Procedural Requirements;
4. Cease & Desist Order issued by the Board;
5. Consent Agreement (which you must sign and return to this office) .
A copy of the Consent Agreement will be returned to you upon our receipt of the original.
The members of the MLR Board would like to express their appreciation to you for the
cooperation and concern you have shown by entering into this Compliance Plan and taking
an active role in bringing your mining operations into compliance with the law. If you
have any questions or require any assistance, please do not hesitate to call me. Your
,continuing cooperation is appreciated by the staff.
Sincerely,
Reclamation Specialist
770564
MLR/CP-MO-9/77
MINED LAND RECLAMATION BOARD
DEPARTMENT OF NATURAL RESOURCES
In The Matter Of )
)
)
WELD COUNTY ) C E ASE & DESIST ORDER
)
)
TO: WELD COUNTY and all other persons presently
owning or acquiring now or in the future an interest in WELD COUNTY
FINDINGS OF FACT
Pursuant to the authority vested in the MINED LAND RECLAMATION BOARD
by C.R.S. 1973, 34-32-123 and 124, as amended, the BOARD hereby makes the
following findings of fact:
1. WELD COUNTY has operated and is operating OPEN PIT
MINING SAND AND GRAVEL
operations at: (See Exhibit A which is attached
hereto and thereby incorporated by reference) .
2. WELD COUNTY operations have been required to be permitted by
the Board since July 1st, 1973 , pursuant to the terms of Article
32 of Title 34, C.R.S. 1973, as amended.
3. The specific facts applicable to these operations are found on
Exhibit A, attached hereto and thereby incorporated by reference.
4. WELD COUNTY has not obtained permits to conduct
such OPM S&G operations .
5. WELD COUNTY has conducted mining operations without
a permit.
6. WELD COUNTY has mined OPM S&G operations , as
described above, since July 1, 1973.
CEASE AND DESIST ORDER
Based upon the foregoing findings of fact and pursuant to the provisions
of C.R.S. 1973, 34-32-123 and 124, as amended, the Board hereby orders you to:
1. Submit a permit application or reclamation plan, as required by the
Procedural Requirements contained in the Mined Land Reclamation Board Resolution
of 4/18/77, as amended, for each of the operations indicated on the list (excepting
reclaimed pits where reclamation has been deemed satisfactory by the staff) submitted
to the Board on September 22-23, 1977 , in accordance with the following schedule:
1. First 3 operations on or before October 1, 1977
2. Next 6 operations on or before January 1, 1978
3. All other operations on or before March 1, 1978
with the exception that the operator need not submit a permit application or
reclamation plan on operations he has asterisked as being reclaimed until after
they are inspected and the Board finds them to not be reclaimed. If the Board
finds asterisked pits to be adequately 'reclaimed the operator does not need
to file a permit application or reclamation plan.
2. If the Board denies the permit for any of these operations, those
operations denied permits shall cease as of the date of that denial.
3. If the Board does not grant a permit to any of these operations by
July 1, 1978, then those unpermitted operations shall cease unless the time
period for the granting of the permit is further extended by Board Resolution.
4. By October31, 1977, sign a consent agreement agreeing to:
a) be bound by the terms of this cease and desist order;
b) plead no contest to having conducted the unpermitted operations
identified on the listing presented to the Board on `7/- -? 177 ;
c) waive the statutory time period established for the issuance of
permits by Article 32 of Title 34, C.R.S. 1973, as amended,
only for the permits to be obtained for previously unpermitted
operations.
5. By October31, 1977, post bond or other form of acceptable surety of
general application guaranteeing the submission of permit applications or
reclamation plans, as required by the Procedural Requirements contained in
the Mined Land Reclamation Board Resolution of 4/18/77, as amended, and the
undertaking of reclamation on the non-complying operations in accordance with
the following criteria:
-2-
a) for operations reclaimed before July 1, 1976, the
appropriate standards recommended by the staff;
b) for all other operations, the applicable law, policies
and regulations of the Board existing on the date the
reclamation plan is submitted.
The bond shall be Five Hundred ($500.00) Dollars per acre for all operations
over ten (10) acres. For operations under ten (10) acres the maximum total
of such bond shall be Two Thousand Five Hundred ($2,500.00) Dollars, for a
total amount of $87,000 for your 10 operations.
6. Reclamation for abandoned or inactive operations must commence on
or before December 31, 1978.
Nothing contained herein, particularly those portions requiring certain acts
to be performed within a certain time, shall be construed as a permit or
license either to violate any provisions of the Mined Land Reclamation Laws
and regulations promulgated thereunder or to engage in any prospecting or
mining operations within the State. However, the operator may continue to
mine these operations so long as he complies with the term of this cease
and desist order. Should a violation of the terms of this order occur, the
operation must immediately cease and the Board may proceed directly to the
courts to enforce the provisions hereof.
DATED at Denver this 26th day of
September , 1977. MINED LAND RECLAMATION BOARD
�.BY z,• , ,� .1 . .
7
-3-
Mr CP-_ 0-9/77 -
MINED LAND RECLAMATION BOARD
DEPARTMENT OF NATURAL RESOURCES
In The Matter Of )
)
) C O N S ENT AGREEMENT
WELD COUNTY )
)
)
Pursuant to the Resolution Concerning Compliance Plans for Unpermitted
Operations adopted by the Mined Land Reclamation Board on February 22, 1977,
and the Supplementary Compliance Plans adopted by the Board on June 25, 1977,
the Board and Weld County
hereby enter into the following agreement:
In consideration of Weld County 's compliance with the
requirements of the above-cited resolution and the cease and desist order issued
thereunder, the Board hereby agrees to afford to Weld County
the benefits of the above-cited resolution.
In consideration of the benefits conferred by the above-cited resolution,
Weld County hereby consents to the following conditions:
1. Submittal of a permit application for the operation indicated on the
listing submitted to the Board on Sept. 22 & 23, 1977
on or before October31, 1977;
2. If the Board denies the permit for this operation, the operation
shall cease as of the date of the denial.
3. If a permit is not granted for this operation by July 1, 1978,
cease the operation unless the time period for the granting of
the permit is further extended by Board resolution.
4. Be bound by the terms of the cease and desist order issued by
the Board on Sept. 22 & 23, 1977 for this operation.
5. Waive the statutory time periods established for the issuance of
permits by Article 32 of Title 34, C.R.S. 1973, as amended for the
permit to be obtained on this operation.
6. By October31, 1977, post bond or other form of acceptable surety
of general application guaranteeing the submission of a permit
application and the undertaking of reclamation on this operation
in the amount of $87,000.00.
ML :P-S0-9/77
in accordance with the following criteria:
a) for operations reclaimed before July 1, 1976, the appropriate
standards recommended by the staff;
b) for all other operations, the applicable law, policies and
regulations of the Board existing on the date the reclamation
plan is submitted.
7. Commence reclamation on abandoned or inactive operations on or
before December 31, 1978.
8. Plead no contest to the issue of having conducted an unpermitted
open mining sand and gravel operation at: See Exhibit A.
between the dates of active since 7/1/73 to present.
for the purposes of all hearings conducted by the Board pursuant
to its authority under C.R.S 1973, Sections 34-32-123 and 124,
as amended.
9. Follow all the provisions of the cease and desist order issued on
this operation until and unless the Board subsequently modifies the
terms thereof or removes the condition from the order. If such a
term is violated upon receiving notification thereof from the Board,
the operation will immediately cease and the Board may proceed
directly to enforce the provisions of the cease and desist order
in the appropriate court.
DATED at Denver this 29th day MINED LAND RECLAMATION BOARD
of September , 1977.
�y
By l
Ale,
By
0
RESOLUTION FOR PROCEDURAL REQUIREMENTS FOR
RECLAMATION PLANS AND PERMIT APPLICATIONS
SUBMITTED FOR PREVIOUSLY MINED UNPERMITTED OPERATIONS
WHEREAS, the Colorado Mined Land Reclamation Board adopted a resolution
on February 22, 1977, concerning compliance plans for unpermitted operations; and
WHEREAS, on June 25, 1977, the Board adopted a supplemental compliance plan
which established new dates for submission of materials; and
WHEREAS, on July 25, 1977, the Board automatically extended the supplemental
compliance plan to all operators who entered into the original compliance plan;
NOW, THEREFORE, the Board hereby adopts the following procedural require-
ments for reclamation plans and permit applications submitted under the Board's
compliance plan for perviously mined unpermitted operations, mined since July 1, 1973
and not permitted as required by the 1973 and 1976 Acts. This resolution and the
resolutions of February 22, 1977 and June 25, 1977, are inteded to apply to limestone
used for construction purposes, coal strip, sand, gravel and quarry aggregate mining
operations, covered by the Open Cut Land Reclamation Act of 1969 and the Colorado
Open Mining Land Reclamation Act of 1973. They are not intended to apply to mining
operations which were lawfully being conducted without a permit prior to October, 1976.
At the Board's option, all other new mining operations which should have been permitted
after July 1, 1976 may avail themselves of this opportunity to come into compliance.
1. For operations which the operator believes to have been successfully
reclaimed and which he has indicated in asterisks on his identification listing
submitted by September 1, 1977, the Board will inspect such operations with the operator
or his representative and, if the determination is made that adequate reclamation has
been accomplished, the Board will release the operator from liability and no further
plans need be submitted. If adequate reclamation has not been accomplished, the
operator shall proceed as for abandoned, unreclaimed pits.
2. For operations which are currently active, or operated in the past and
expected to be reopened, the operator shall submit the full permit application
requirements of C.R.S. 1973, 34-32-110,111, and 112, and Rules and Regulations
promulgated thereunder.
3. For operations which are abandoned, unreclaimed pits, the operator shall
submit the following requirements which are reduced from the full permit application
requirements of the Act and Rules and Regulations promulgated thereunder, to include
only the items relevant to "Reclamation Plans":
A. C.R.S. 1973, 34-32-110, as amended, operator shall submit the
following information:
1. name and address of the operator;
2. name and address of person to contact;
3. name of the owner of the surface of the affected land;
4. proof of local government approval;
5. sources of legal right to enter;
6. location map, as described in 34-32-110(2)(d) ;
7. legal description (to the nearest quarter quarter section and
the approximate size of the affected land) ;
8. a brief description of the mining operation conducted at the site;
9. reclamation costs if the bond is requested to be less than $2500;
10. reclamation plan required by 34-32-110(2) (g) ;
11. fees as required by 34-32-110(3)
AMENDMENT TO RESOLUTION CONCERNING SUPPLEMENTARY
COMPLIANCE PLANS FOR UNPERMITTED OPERATIONS (Attached)
At its September 29, 1977 meeting, the Mined Land Reclamation Board
(by four affirmative votes) approved the following change in the
above-referenced Compliance Plan:
OCTOBER 1, 1977 DEADLINES FOR SUBMISSION OF CONSENT AGREEMENTS
AND BONDS ONLY ARE EXTENDED TO OCTOBER 31, 1977.
cf: Paragraph C, subsections i) and ii) :
The date in this paragraph of October 1, 1977,
has been extended to October 31, 1977, to affect
only the requirements in subsections i) and ii)
referring to the deadlines by which the operator
must submit Consent Agreements and Bonds.
The October 1, 1977 date remains in effect concerning
submission of reclamation plans and/or permit applica-
tions for three (3) unpermitted operations.
July 1977
RESOLUTION CONCERNING SUPPLEMENTARY
COMPLIANCE PLANS FOR UNPERMITTED OPERATIONS
BE IT RESOLVED THAT the Mined Land Reclamation Board, having here-
tofore extended to operators an opportunity to enter into a Compliance Plan
to rectify past violations of the Mined Land Reclamation laws of Colorado; and
recognizing that additional operators now wish to enter into such Compliance
Plans; the Board hereby establishes a supplementary compliance plan:
WHEREAS, the Colorado Mined Land Reclamation Board takes notice of
the problems which exist in the issuance of permits to engage in mining
activities within the State:
1. C.R.S. 1973, 34-32-120 prohibits the Board from issuing permits
for new mining operations to operators who have not come into
compliance with the State's reclamation laws; and
2. The Mined Land Reclamation Acts of 1973 and 1976 have required
a permit from the Board to engage in the following mining
activities:
Since July 1, 1973 - strip coal, limestone used for con-
struction purposes, sand-gravel-and-
quarry aggregate mining operations;
Since July 1, 1976 - new underground operations and any
other type of mining operation
commenced since July 1, 1976.
Any of these types of operations that have been conducted without
a permit after these respective dates are and have been in violation
of the State's reclamation laws and are defined as "unpermitted
operations" for the purposes of this resolution. All other mining
operations which were lawfully being conducted prior to July 1, 1976
without a permit, specifically hardrock and underground operations
commenced prior to July 1, 1976, are not in violation and are not
considered as unpermitted operations for this resolution, but are
required to submit applications by October 1, 1977.
3. The Board cannot issue permits to an operator if the operator
has not obtained a permit and pursued reclamation plans with respect
to all operatiors he has mined or is currently mining without such
permits; unless he complies with the following compliance plan.
WHEREAS, the Board finds it necessary to invoke its enforcement powers
pursuant to the provisions of C.R.S. 1973, 34-32-123 and 124, as amended in order
to obtain rectification of violations and obtain reclamation; and
WHEREAS, the Board will not consider an operator to be in current vio-
lation of the Act, within the meaning of C.R.S. 34-32-120, if that operator pursues
the program set forth herein; and
Dupplementary
Compliance Plan -2-
WHEREAS, the Colorado Mined Land Reclamation Board adopts this supple-
mentary plan to offer an opportunity to all operators with unpermitted operations
to obtain necessary new permits while bringing unpermitted operations into
compliance;
NOW, THEREFORE, the Board hereby orders its Staff to commence notification
of all operators of this resolution and the following procedures :
1. Under this Compliance Plan, the Board will allow operators to
continue mining unpermitted operations and will allow such operators to apply
for new mining permits on the condition that they abide by the following provisions
of the Compliance Plan. Consent Agreements and Cease & Desist Orders as set forth
in Paragraphs 1-B and 1-C shall not become enforceable if the operator adheres to
the conditions of this Compliance Plan.
A. By September 1, 1977, identify and describe all operations
for which no permit has been obtained for operations existing
since July, 1973. This includes all mines defined as unpermitted
operations in Paragraph 2, above, whether or not such mines are
currently in operation. Identification and description shall include:
i) A map or written description of the location of the
property in sufficient detail to enable the Board to
visit the site;
ii) Approximate number of disturbed acres ;
iii) Indicate the type of mining operation conducted and the
present status, i.e. , currently active, abandoned, or
reclaimed;
iv) Approximate dates during which the pit was/is active;
v) The operator shall asterisk each operation which he believes to
have been successfully reclaimed and the Board will inspect
such operations with the operator or his representative. An
operator need not submit a reclamation plan for that operation
until after the inspection and a determination as to whether
further reclamation is required. If the determination is
made that adequate reclamation has been accomplished, the Board
will release the operator from liability and no further plans
need be submitted. Reclamation will be judged according to
the standards and criteria in use by the Board when the
mining occurred.
B. By September 15, 1977, the Board will issue cease and desist orders
which shall make a finding that the operator has been in violation
of the State's reclamation laws and order him to pursue rectifying
those violations on an established schedule. This order will not
require the operator to cease and desist from his mining operations;
it will allow the operator to continue to mine those operations
identified on the list submitted as long as he adheres to the terms
outlined for obtaining permits or obtains release of responsibility for
all his past violations, except that, should the Board not grant a
permit for any operation by July 1, 1978, then that operation shall
cease activity on that date unless the period for granting the permit
is further extended by the Board. Should a violation of the terms
outlined in the order occur, the operation must immediately cease
and the Board may proceed directly to the courts to enforce the
provisions of the order. The order shall remain in force until the
Board approves the reclamation glans and/or permit applications sub-
Supplementary
Compliance Plan -3-
mitted for the unpermitted operations or relieves the operator
from the duty to perform further reclamation. The order shall
also provide that if the Board should deny a permit for any
operation, that operation shall cease on the date of that denial.
The Board shall act on such application no later than July 1, 1978,
unless the period for the granting of the permit is further extended
by Board resolution.
C. By October 1, 1977:
i) The operator shall sign a consent agreement agreeing:
a) To be bound to the terms of the cease & desist order;
b) To plead no contest to having conducted the unpermitted
operation identified on the listing presented to the Board;
c) To waive the statutory time periods established for the
issuance of permits by Article 32 of Title 34, C.R.S. 1973,
as amended, only for the permits to be obtained for the
previously unpermitted operations.
ii) Post bond or other form of acceptable surety of general
application guaranteeing the submission of reclamation plans
and/or permit applications, and the undertaking of reclamation
on the non-complying operations in accordance with the standards
in Paragraph 4 herein, in the amount of Five Hundred ($500.00)
Dollars per acre, unless any operation shall be under ten (10)
acres, in which case the maximum total amount of such bond shall
be Two Thousand Five Hundred ($2500.00) Dollars; such bond
amount shall, further, be subject to review, if justification
exists , to be decreased or increased on the basis of the plans
submitted by the operator, and the Board may, thereafter, make
such adjustment.
iii) The operator shall submit reclamation plans and/or permit
applications for three (3) unpermitted operations, if he has
three or more such operations , according to the time schedule
set forth below.
2. Permit applications for active operations and/or reclamation plans for
previously mined unpermitted operations shall be submitted in accordance with the
following schedule:
a) First three (3) operations on or before October 1, 1977;
b) Next six (6) operations on or before January 1, 1978;
c) All other operations on or before March 1, 1978.
3. Reclamation for abandoned or inactive operations must commence on or
before December 31, 1978.
4. The reclamation standards to be applied shall he those existing under
the applicable law, policies and regulations of the Board existing on the date the
reclamation plan is submitted, provided, however, that any operation who completed
reclamation prior to July 1, 1976, may request approval by the Board of such reclamation
and the Board shall determine whether the dual objectives of equity and reclamation
may be achieved by the application of some other standard to the completed work.
Supplementary
Compliance Plan -4-
Such completed reclamation shall be considered for approval on a case-by-case basis
and the staff shall recommend an appropriate applicable standard prior to approval
by the Board. The Board, on April 18, 1977, issued a resolution stating what
procedural requirements shall apply to reclamation plans submitted for previously
mined unpermitted operations.
5. The Board expects that operators who have already extended Compliance
Plan agreements under the February 22, 1977 Resolution will adhere to the terms of
that plan, unless they petition the Board and receive approval for entering the
supplemental compliance plan outlined herein.
6. The dates established by the resolution, i.e. , September 1, September
15, October 1, 1977, and January 1, March 1 and December 31, 1978 will be carefully
followed by the Board. Compliance with the above dates and program will avoid the
exercise of enforcement remedies in court available to the Board for non-compliance
with the terms of the Mined Land Reclamation Act, C.R.S. 1973, 34-32-101, et seq.
DATED AT Denver this 15th COLORADO/ INEDjaID RECLAMATION BOARD
day of July, 1977. j l —
By if La L, / ! ';?IC cplczi7
REGULAR (112) PERMIT APPLICATION FORM
STATE OF COLORADO Application for Mining and
Mined Land Reclamation Board Reclamation Permit, Pursuant
Department of Natural Resources to C.R.S. 1973, 34-32-101 et sect
1313 Sherman Street, Room 723
Denver, CO 80203
TYPE OR PRINT CLEARLY
1. Name of operations
(Pit, mine, or site name)
2. Name of applicant/operator
(Name to be used on permit)
3. Address and phone number of
local offices
4. Address and phone number
of general offices
5. Name and phone number of person
staff members should contact
6. Parent Corporation, if any
(Include name & address)
7. Owner(s) of record of affected
land (surface area)
(If more than 2, list in Exhibit P)
8. Owner(s) of substance to be mined
(If more than 2, list in Exhibit P)
9. Source of legal right to enter
(Indicate what type of proof is
included in Exhibit 0 - lease, deed,
notarized letter, etc.)
10. Type of mine & substance to be mined
(Specify underground, strip, open pit,
etc. and substance(s) to be mined)
11. General location & elevation (Miles
& direction from nearest town &
approximate site elevation)
12. County
13. Acreage of affected lands
(Total surface acreage to be
included in permit)
14. Application fee (See Rule 2 to
determine amount)
15. Present land us.r
(i.e. , agricultural, industrial, etc.) '-
16. Surrounding land use,
17. Proposed future land use
(Goal of reclamation)
18. Other mining permits & operations
in Colorado (See Rule 2 for guidance)
19. The lands herein do not affect any of
the lands described in Section
1.56(9) , (Specify affirmation)
112 Permit Application (Cont'd.) -2-
MAPS & EXHIBITS
With each of the five (5) copies of the application form, the applicant must submit a
corresponding set of the maps and exhibits outlined in Rule 2, as follows:
1. Exhibit A - Legal description
2. Exhibit B - Index map
3. Exhibit C - Pre-mining & mining plan map(s) of affected lands
4. Exhibit D - Mining plan
5. Exhibit E - Reclamation plan
6. Exhibit F - Reclamation plan map
7. Exhibit G - Water information
8. Exhibit H - Wildlife information
9. Exhibit I - Soils information
10. Exhibit J - Vegetation information
11. Exhibit K - Climate
12. Exhibit L - Reclamation Costs
13. Exhibit M - Local government approval
14. Exhibit N - Other permits or licenses
15. Exhibit 0 - Source of legal right to enter
16. Exhibit P - Owners of record of surface & subsurface rights.
NOTICE PROCEDURES
After the application has been filed with the Division, notice procedures outlined in
Rule 2.2 must be followed.
ADDITIONAL INFORMATION
This space can be referenced for further information of any of the items on this form.
•
To the best of my knowledge, all the information presented in this application is true and
correct.
BY:
TITLE: —
(Signature by individual legally authorized
to bind the operator to this application.)
LIMITED IMPACT AND SPECIAL (TEN-DAY)
PERMIT APPLICATION FORM
STATE OF COLORADO Application for Mining
Mined Land Reclamation Board and Reclamation Permit,
Department of Natural Resources Pursuant to C.R.S. 1973,
1313 Sherman Street, Room 723 34-32-101, et seq.
Denver, Colorado 80203
LIMITED IMPACT OPERATIONS must disturb LESS THAN ten acres (including all
roads, stockpile areas and any other surface facilities) over the life of
the mine, and must extract LESS THAN 70,000 tons of mineral, overburden
or combination thereof per calendar year. If the affected area is some
fraction greater than nine acres, be sure NOT to round it up to ten acres
in the narratives or elsewhere.
SPECIAL (TEN—DAY PROCESSING) operations must disturb LESS THAN ten
acres (including all roads, stockpile areas and any other surface
facilities) , am' can ONLY be obtained where a federal, state, county,
city, town, or special district contract calls for work to be
commenced within a SPECIFICALLY SHORT TIME.
TYPE OR PRINT CLEARLY
1. Name of operations
(Pit, mine, or site name)
2. Name of applicant/operator
(Name to be used on permit)
3. Address and phone number of
local offices
4. Address and phone number
of general offices
5. Name and phone number of person
staff members should contact
6. Owner(s) of record of affected
land (surface area)
(If more than 2, list below)
7. Owner(s) of substance to be mined
(If more than 2, list below)
8. Source of legal right to enter
(Indicate what type of proof is
included in Exhibit G - lease, deed,
notarized letter, etc.)
9. Type of mine & substance to be mined
(Specify underground, strip, open pit,
etc. and substance(s) to be mined)
10. General location & elevation (Miles
& direction from nearest town &
approximate site elevation)
11. County
12. Acreage of affected lands
(Total surface acreage to be
included in permit)
13. Application fee (See applicable Rule
to determine amount)
TYPE OR PRINT CLEARLY
14. Present land use
(i.e. , agricultural, industrial, etc.)
15. Proposed future land use
(Goal of reclamation)
ed in cate h fom must
INSTRUCTIONS: b is aplication
byfthe ollowingorm must be uinfotrmationdandiitems. The
c eapplication
will not be processed until complete. See RULE 3 (for Limited Impact)
or RULE 4 (for Special 10-day) for additional guidance.
EXHIBIT A - Legal Description
The legal description must identify the affected land and be wholly adequate for
field location of the property. It can be in the form of metes and bounds survey rence to p, range, and ction nearestsquartern quarter esection. tWhere iapplicable, the estreet t o at least
by address or lot
number(s) may be used.
EXHIBIT B — Mining Plan
This can be a general discussion of the methods, equipment, phases or stages of
the operation and those portions of land affected by each. The plan should be
closely correlated with the map and should show where extraction will begin, which
direction it will proceed.
EXHIBIT C - Map
This map should be as comprehensive as possible in terms of clearly defining
the permit boundaries and indicating all roads or stockpile areas to be used in
connection with the operation. All immediately adjacent lad
nor locat
eaers ble
ust e eoshe t.
The closest quarter section corner, section line, or any
should also be shown on the map.
EXHIBIT D - Wildlife, Water Resources, Vegetation and Soils Information
Each of the above—mentioned subjects must be addressed as outlined in the
applicable Rule, under item number ten (10) .
EXHIBIT E - Reclamation Plan
ph the mining
rlstagesthis
ofshould
reclamation general
processdiscussion
those the
portionsmethods,
of
equipment, phases
land affected by each. If possible, the plan should be closely correlated
with the map. If not, the narrative must be comprehensive enough to draw an
accurate verbal picture of the expected physical appearance of the area after
completion of reclamation.
EXHIBIT F - Proof of Local Government Approval
This must be a letter from the local government specifying conformance with
existing zoning regulations.
EXHIBIT G - Source of Legal Right to Enter
This could be a copy of the lease, deed, abstract of title, or current tax recipt. In nt thee operatorhas uthe elegal right reof, a ttoeenter and minewill by abeoaccepted.tary that
**FOR SPECIAL 10—DAY PERMITS ONLY**
EXHIBIT H - Reclamation Costs
If the surety is requested to be less than $2500, the operator must submit
facts to support such request. Otherwise a surety of $2500 will automatically
be set.
EXHIBIT I - Terms of Governmental Contract
The operator must submit a copy of the contract or other proof that proves the
necessity of a special 10-day permit. The operator must also submit evidence
of the surety provided under the governmental contract, if it was required.
-3-
NOTICE PROCEDURES
After the application has been filed with the Division, notice pro-
cedures outlined in Section 3.2 or 4.2 (whichever is applicable) must be
followed.
ADDITIONAL INFORMATION
This space can be referenced for further information of any of the items
on this form.
To the best of my knowledge, all the information presented in this application
is true and correct.
By:
Title:
(Signed by individual legally authorized
to bind the operator to this application)
Hello