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HomeMy WebLinkAbout20141154.tiff STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources COLORADO 1313 Sherman St., Room 215 DIVISION OF Denver,Colorado 80203 RECLAMATION Phone: (303)866-3567 MINING FAX: (303)832-8106 —$t— SAFETY John W.Hickenlooper Governor Mike King Executive Director April 4, 2014 RECEIVED Loretta Pineda Director APR 0 9 2019 Weld County Commissioners WELD COUNTY County Commissioner 91510th St COMMISSIONER` Greeley, CO 80631 RE: Notice of 112 Construction Materials Reclamation Permit Amendment Application Consideration L.G. Everist, Incorporated, Star Water Resource, Permit No. M-1977-522 Please be advised that on April 4, 2014, L.G. Everist, Incorporated, whose address and telephone number are 7321 E. 88th Avenue, Suite 200 , Henderson, CO 80640; (303) 287-4656, filed an Amendment application to M-1977-522, Star Water Resource, which is located at or near Section 26, Township 6N, Range 66W, 06th Prime Meridian, in Weld County. The application decision is scheduled for July 3, 2014. A copy of the application is available for review, unless you receive a CD, at the Weld County Clerk & Recorder's office and at the office of the Division of Reclamation, Mining and Safety, Room 215, 1313 Sherman Street,Denver, Colorado 80203. If you desire to make comments or objections of the mine plan and/or the reclamation plan, they must be submitted within twenty (20) days of the date of the last newspaper public notice to be considered in the application review process by the Division. You should contact the applicant for the newspaper publication date. If we do not receive your comments or any objection by the end of the public comment period, the Office will assume you have no objection or comment to the proposed activity. If you have any questions,please contact me. Sincerely, s C_ Q.`tl-< _P�t/rbl Eric C. Scott Environmental Protection Specialist ?1, 06,0 'RswL CC, %Tt-Onm) 17CLam,IM ,C ) kJ . Ile- )4 L-1 .9 . 14 2014-1154 Office of Office of Mined Land Reclamation Denver•Grand Junction•Durango Active and Inactive Mines 627 STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 1313 Sherman St.,Room 215 Denver,Colorado 80203 C O L D RA D 0 Phone:(303)866-3567 CONSTRUCTION MATERIALS DIVISION OF RECLAMATION FAX:(303)832-8106 REGULAR(112)OPERATION MINING RECLAMATION PERMIT APPLICATION FORM SAFETY Bill Ritter,Jr. CHECK ONE: V There is a File Number Already Assigned to this Operation Governor Harris D.Sherman Permit# M - - (Please reference the file number currently assigned to this operatioloecutive Director• New Application(Rule 1.4.5) t/' Amendment Application(Rule 1.10) Ronald W.cattany Division Director _._Conversion Application(Rule 1.11) �-�,� Natural Resource Trustee 1l Permit# M - 1977- 522 - (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (1) the application form;(2)Exhibits A-S,Addendum 1,any sections of Exhibit 6.5 (Geotechnical Stability Exhibit;and(3)the application fee. When you submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (1) copy of the completed application form,two(2)copies of Exhibits A-S,Addendum 1,appropriate sections of 6.5(Geotechnical Stability Exhibit,and a check for the application fee described under Section(4) below. Exhibits should NOT be bound or in a 3-ring binder;maps should be folded to 8 1/2" X 11"or 8 1/2"X 14"size. To expedite processing,please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly,in the space provided,ALL information requested below. 1. Applicant/operator or company name(name to be used on permit): L.G. Everist, Incorporated 1.1 Type of organization(corporation,partnership,etc.): Corporation 2. Operation name(pit,mine or site name): Star Water Resource 3. Permitted acreage(new or existing site): 75.0 permitted acres 3.1 Change in acreage(+) 15.63 acres 3.2 Total acreage in Permit area 90.63 acres 4. Fees: 4.1 New Application $X,1 SA* application fee 4.2 New Quarry Application $3$4X$8 quarry application 4.4 Amendment Fee $2,229.00 amendment fee 4.5 Conversion to 112 operation(set by statute) SWIMS conversion fee 5. Primary commoditie(s)to be mined: Gravel Sand 5.1 Incidental commoditie(s)to be mined: 1. - lbs/Tons/yr 2. / lbs/Tons/yr 3. / lbs/Tons/yr 4. / lbs/Tons/yr 5. / lbs/Tons/yr 5.2 Anticipated end use of primary commoditie(s)to be mined: Specification aggregates, fill 5.3 Anticipated end use of incidental commoditie(s)to be mined: Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines /� '_ PtX r 6. Name of owner of subsurface rights of affected land: L.G. Everist, Incorporated If 2 or more owners,"refer to Exhibit 0". 7. Name of owner of surface of affected land: L.G. Everist,Incorporated 8. Type of mining operation: V Surface Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN(check one): r.--67 �-- 6th(Colorado) 1 10th(New Mexico) I - Ute SECTION(write number): S 26 TOWNSHIP(write number and check direction): T 6 V_North 1 R_South RANGE(write number and check direction): R 66 East ✓ West r•- QUARTER SECTION(check one): _rNE NW V_SE SW QUARTER/QUARTER SECTION(check one): 1 _NE 1 NW re SE IJ�V SW GENERAL DESCRIPTION:(the number of miles and direction from the nearest town and the approximate elevation): Approximately 3.2 miles northwest of Greeley on 0 Street, Elevation 4680 10. Primary Mine Entrance Location(report in either Latitude:Longitude OR UTM): Latitude/Longitude: Example: (N) 39° 44' 12.98" (W) 1040 59' 3.87" Latitude(N): deg_40 min 27 sec 19 . 21 (2 decimal places) Longitude(W): deg 104 _ min 44 sec 33 . 92 (2 decimal places) OR Example: (N) 39.73691° (\V) -104.98449° latitude(N) (5 decimal places) Longitude(W) (5 decimal places) • OR Universal Tranversc Mercator,(UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum(specify NAD27,NAD83 or WGS 84)_WGS 84 —Zone_13 Easting Northing _ — -3 - I. Correspondence Information: APPLICANT/OPERATOR (name,address,and phone of name to be used on permit) Contact's Name: DennislF1eId Title: Vice President Company Name: I G Fverist, Tnc Street/P.O. Box: 7321 F 88th Ave Suite 200 P.O. Box: City: _Henderson .---.-_-._-- _-- State: CO Zip Code: 80640 Telephone Number: ( 303 -28t-22A9 Fax Number: ( 3f1a 1- 289-1348 PERMITTING CONTACT (if different from,applicant/operator above) Contact's Name: Steve O'Brian Title: President Company Name: Fnvironmer TnTnc Street/P.O. Box: 7985_[nnc&. Qr #205A P.O.Box: City: Arvada State: CO Zip Code: 80003 Telephone Number: (303 )- 423-7?97 Fax Number: (303 .J - 4?3.J599 INSPECTION CONTACT • Contact's Name: -Lynn.M._ShtlitS. ...--..-. __ _- --- ... --.-- . -- _. Title: Regulatory manager Company Name: _l.C7_Exerist Inc.___. Street/P.O. Box: 7321F 88th Ave Suite 200 P.O.Box: City: Henderson. State: CO Zip Code: R0640 Telephone Number: ( 303 )- 286-2249 Fax Number: 1_303 _1- 289_1348 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: J )- 1 -4- 12. Primary future(Post-mining) land use(cheek one): Cropland(CR) { Pastureland(1)1.) J _ General Agriculture(GA) Rangeland(RL) f Forestry(FR) J _ Wildlife Habitat(WL) _ Residential(RS) i Recreation(RC) j Industrial/Commercial(IC) Developed Water Resources(WR) Solid Waste Disposal(WD) 13. Primary present land use(check one): 111-11 Cropland(CR) Pasturcland(Pl.) General Agriculture(GA) Rangeland(Rl.) Forestry(FR) ? WildlifeHabitat(WL) Residential(RS) Recreation(R(1) ✓12 _ Industrial/Commercial(IC) Developed Water Resources(WR) 14. Method of Mining: Briefly explain mining method(e.g. truck/shovel): Front end loaders remove material and load into trucks for hauling to processing plant. 15. On Site Processing: Crushing/Screening 13.1 Briefly explain mining method(e.g. truck/shovel): Limited if found to be feasible or material will be removed and stockpiled ns pit run rind moved to a nnother mine for processing List any designated chemicals or acid-producing materials to be used or stored within permit area: None 16. Description of Amendment or Conversion: If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s). This amendment adds 15.36 acres to the permit area. The mining methods do not change. The final end use is changed to developed water storage with possible residential and other uses. - 5 - Maps and Exhibits: Two(2)complete,unbound application packages must be submitted. One complete application package consists of a signed application form and the set of maps and exhibits referenced below as Exhibits A-S,Addendum I,and the Geotechnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate documents are used as appendices,please reference these by name in the exhibit. With each of the two (2) signed application forms, you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4, 6.5, and 1.6.2(1)(6): EXHIBIT A Legal Description EXHIBIT B Index Map EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands EXHIBIT D Mining Plan EXHIBIT E Reclamation Plan EXHIBIT F Reclamation Plan Map EXHIBIT G Water Information EXHIBIT H Wildlife Information EXHIBIT I Soils Information EXHIBIT J Vegetation Information EXHIBIT K Climate Information F.XF1113IT I. Reclamation Costs EXHIBIT M Other Permits and Licenses EXHIBIT N Source of Legal Right-To-Enter EXHIBIT O Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined EXHIBIT P Municipalities Within Two Miles EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District EXHIBIT R Proof of Filing with County Clerk or Recorder EXHIBIT S Permanent Man-Made Structures Rule 1.6.2(I)(b) ADDENDUM I -Notice Requirements(sample enclosed) Rule 6.5 Geotechnical Stability Exhibit(any required sections) The instructions for preparing Exhibits A-S, Addendum I, and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule I.6.2(I)(b)of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required, or would like to schedule a pre-application meeting you may contact the Office at 303-866-3567. Responsibilities as a Permittee: Upon application approval and permit issuance,this application becomes a legally binding document. Therefore,there are a number of important requirements which you,as a permittee, should fully understand. These requirements are listed below. Please read and initial each requirement, in the space provided,to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office for a full explanation. 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; --)1 6 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the pennittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as permittee can result; `l 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of any changes in your address or phone number; 6. Upon permit issuance and prior to beginning on-site mining activity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information (Rule 3.1.12): a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. @ 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance. 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application,as well as with the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. ,� 9. Annually,on the anniversary date of permit issuance,you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example,a permit with the anniversary date of July 1, 1995,the annual fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the permittee,to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. NA 10. For joint venture/partnership operators: the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. - 7 - NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions,changes, and deletions to this document prior to final decision by the Office. Therefore,if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments,unless they are written,and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process,you may contact the Office. at(303) 866-3567. - 8 - Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: I. To the best ofmy 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-I 15(4)(f), C.R.S.; 3. As the applicant/operator,I do not have any extraction/exploration operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120, C.R.S.) as determined through a Board finding. 4. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class I misdemeanor pursuant to Section 18-8-503, C.R.S. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,CR.S, of t/re 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 ied 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 J / day of �1 i (r P ‘Ir , c2 l /// L.G. Everist, Incorporated Applicant/Operator or Com an Name c '., otporahon Attest(Seal) Company u CA oi„ ' �(1 Signed: e ,,,-_,&_...j fe 1' Signet. lit . C t Corporate Secretary or Equivalent Title: Vice President Town/City/County Clerk r State of W-Li= IzL-iz' ) / ) ss. County of C . .-t ) ti 2 C- ) The foregoing instrument was acknowledged before me this •21/ day of / it/7 s f 4 it,/,:-/ , by Dennis L. Fields as Vice President of L.G. Everist, Incorporated ,�H'�' �, 11 :.-�}-t (I e L / .{ (L <-C 21 , ) `a't10 ••' .....Ri, •. Notary Public : v./ 'oIARY / / --e-- My Commission expires: ' �/r/ '-.22"'/C, I PUBLIC, ....40:;,.........*.... SIGNATURES MUST BE IN BLUE INK I Exhibit A LEGAL DESCRIPTION Part of the SE1ASE1A, SWWSEW, SE/,SWW, and SW'/,SW'/,, Section 26 . T-6- N, R-66-W, 6th P .M. , Weld County, Colorado . Containing 90 . 63 ac . more or less . 1 - _ Ler NO J C•N•L ') " '.A• i 22 r. 4"„ _'., 24 Burn ScMwlj • t V ` , B o4. _ ..Vruman _ i JJJk i 'lake .' r. 7,-..7.--fI. � i seeitlj/ ., n,,F , - 1 ' .. Lake ". .: I al .4• i • i I 5 „ - - ., i 7 ti • - St• 040°21;.ty 21"N 104°44' 33.92 W i _ :7 A,,,,, t„�IurF i. , ,. Y 46954- a t, M e . K' {*. 11 5' i`ti. 34 i ri• 11 r? °� c - •* ' _jeu i Declination .-• �ti_,'fl� 1 4. r-- t I I , ,e 1 •Y 1.is •� A.- .• � c 3 o i. site l' MN 8'31,E - _ I ' 1 S al � 2 t ° �' . ` , .,.. t«r•1=* 3 , x. { tt�doou.l be-2ii o r z. Name: GREELEY(CO) MINE LOCATION: PARTS OF THE SE/4SE/4, Date: 02/12/14 SW/4SE/4, SE/4SW/4 AND SW/4SW/4, L.G. Everist, Inc. Scale: 1 inch =2,000 ft. SECTION 26,T-6-N, R-66-W,6TH P.M., CITY Star Water Resource OF GREELEY, COUNTY OF WELD, COLORADO Map Exhibit B - Vicinity Map Hello