HomeMy WebLinkAbout20141409.tiff DNR COLORADO
CO Division of Reclamation,
,. Mining and Safety
Department of Natural Resources
1313 Sherman Street, Room 215
Denver, CO 80203
Notice of 112c Construction Materials
Reclamation Permit Release Request Consideration
DATE: April 30, 2014
TO:
Weld County Commissioners
County Commissioner
915 10th St
Greeley, CO 80631
FROM: Peter S. Hays, Environmental Protection Specialist, P5/4 /5in5
RE: PHD Contractors, Inc.,Mitchek Pit,Permit No.M-1997-052
Please be advised that on April 30, 2014, PHD Contractors, Inc., whose address and telephone number are 1100
Whispering Oak Dr , Castle Rock, CO 80104; (720) 733-0192, submitted a request for full reclamation
responsibility release for the Mitchek Pit, Permit No. M-1997-052. The construction materials extraction
operation is located at or near Section 6,Township 10N, Range 57W, 06th Prime 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.
RECEIVED
MAY 0 5 2014
WELD COUNTY
COMMISSIONERS
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1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us *\;Y ` ry *
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John W. Hickentooper, Governor I Mike King, Executive Director I Virginia Brannon, Director *raj'
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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Pre of Natural Resources RFCE1\/FD
ej 1 Shermanr 5Io 1)203 215
Dowel.Colorado X1803 II
Phone (3031 X66-35h7 JUN 3 0 1881
FAX.(1011832X1116
DEPARTMENT OF
Divi•ian rl ,,"-." p „,neeiegy NATURAL
CONSTRUCTION MATERIALS RESOURCES
REGULAR OPERATION (112)
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RECLAMATION PERMIT APPLICATION FORM
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CHECK ONE: X New Application (Rule 1.4.5) Amendment Application (Rule 1.10)
Conversion Application (Rule 1.11)
Permit / (Pi -�-_- o S2 (provide for Amendments and Conversions of
existing permits)
The application for a 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 IVORY ORIGINAL and four (4) copies of the completed
ivory application form, five (5) 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 the information requested below.
1. Applicant/operator or company name (name to be used on permit) :
PHI) rnntrartorc. Inc.
1.1 Type of organization (corporation, partnership, etc. ) : Corporation
1.2 I.R.S. Tax I.D. No. or Social Security Number: sae
2. Operation name (pit, mine or site name) : Mitchek Pit
3. Permitted acreage (new or existing site) 20 permitted acres
3.1 Change in acreage (+ or -) 0 acres
3.2 Total acreage in Permit area 20 acres
4. Fees:
4.1 New Application $1,875.00 application fee ,
4.2 New Quarry Application 52,325.00 quarry application
4.3 Milling Application (Non-DMO) $3,100.00 milling application
4.4 Amendment Fee $1,550.00 amendment fee
4.5 Conversion to 112 operation (set by statute) 51,875.00 conversion fee
5. Primary commoditie(s) to be mined: Rock
5.1 Incidental commoditie(s) to be mined: 1. Gravel/Sand - 70 • X2'N/Tons/yr
2. / lbs/Tons/vr 3. / lbs/Tons/yr
4. / lbs/Tonsjyr 5. / lbs/Tons/yr
5.2 Anticipated end use of primary commoditie(s) to be mined: Gravel Road Base
N/A
5.3 Anticipated end use of incidental commoditie(s) to be mined:
_ I
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6. Name of owner of subsurface rights of affected land: High Plains Grazing Corp.
If 2 or more owners, "refer to Exhibit 0".
High Plains Grazing Corp.
7. Same of owner of surface of affected land:
8. Type of mining operation: X Surface _ Underground
9. Location Information: the center of the area where the majority of mining will occur:
COUNTY: Weld
PRINCIPAL MERIDIAN (check one): X 6th (Colorado) 10th (New Mexico) _ Ute
SECTION (write number): s 6 & W: point of 1/4 Sec. 5
TOWNSHIP (write number and check direction): T 10 X North South
RANGE (write number and check direction) : R 57 _ East X West
QUARTER SECTION (check one): _ NE NW X SE _ SW
QUARTER/QUARTER SECTION (check one): NE _ NW ^ SE _ SW
GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the
1/8 mile west of Stoneham, 17 miles north highway 7,
approximate elevation): am, on g Y
then west approx. 5,000 ft.
10. Primary future (Post-mining) land use (check one):
Cropland(CR) Pastureland(PL) _ General Agriculture(GA)
_Z_ Rangeland(RL) _ Forestry(FR) _ Wildlife Habitat(WL)
Residential(RS) _ Recreation(RC) _ Industrial/Commercial(IC)
_ Developed Water Resources(WR) _ Solid Waste Disposal(WD)
11. Primary present land use (check one):
cropland(ca) _ Pastureland(PL) _ General Agriculture(GA)
X Rangeland(RL) Forestry(FR) _ Wildlife Habitat(WL)
Residential(RS) ` Recreation(RC) _ Industrial/Commercial(IC)
Developed Water Resources(WR)
12. Method of Mining: Briefly explain mining method (e.g. truck/shovel):
Strip Mining - using Dozer, scraper, Loader
13. On Site Processing: Y Crushing/Screening
14.1 Briefly explain mining method (e.g. truck/shovel):
Strip Mining - Will be using a subcontractor to crush and screen the rock. We will
Then use trucks to put the material on the roads.
List any designated chemicals or acid-producing materials to be used or stored within
permit area: None
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14. Correspondence Information:
APPLICANT/OPERATOR (name, address, and phone of name to be used on permit)
Contact's Name: Carol Hovt Title: Project Administrator
Company Name: PHD Contractors, Inc.
Street: 1100 Whispering Oak Dr.
City: Castle Rock,
State: CO Zip Code: 80104
Telephone Number: ( 303 ) - 814-9230
Fax Number: ( 303 ) - 814-9233
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name: Same Title:
Company Name:
Street:
City:
State: Zip Code:
Telephone Number: ( ) -
Fax Number: ( ) -
INSPECTION CONTACT
Contact's Name: Greg Mayfield Title: Superintendent
Company Name: PHD Contractors, Inc.
Street: Same
City:
State: Zip Code:
Telephone Number: ( 303 ) - 814-9230 (303) 472-1455 Mobile
Fax Number: ( ) -
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency: N/A
Street:
City:
State: Zip Code:
Telephone Number: ( ) -
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency: N/A
Street:
City:
State: Zip Code:
Telephone Number: ( 1 -
-4—
15. Description of Amendment or Conversion:
If you are amending or converting an existing operation, provide a brief narrative describing
the proposed change(s).
N/A
Maps and Exhibits:
Pive (5) 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 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 five (5) signed application forms, you must submit a corresponding set of the
maps and exhibits as described in the following references to Rule 6.4 and 6.5:
EXHIBIT A Legal Description
EXHIBIT B Index Hap
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 X Climate Information
EXHIBIT L Reclamation Costs
EXHIBIT H 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 Soil
Conservation District
EXHIBIT R Proof of Filing with County Clerk or Recorder
EXHIBIT S Permanent Man-Made Structures
Rule 6.1.2(1)(b) ADDENDUM 1 - Notice Requirements (sample enclosed)
Rule 6.5 Geotechnical Stability Exhibit (any required sections)
The instructions for preparing Exhibits A-S, Addendum 1, and Geotechnical Stability Exhibit
are specified under Rule 6.4 and 6.5 and Rule 1.6.2(1) (b) of the Rules and Regulations. If
you have any questions on preparing the Exhibits or content of the information required, or
would like to schedule a pre-application meeting you may contact the Office at 3O3-866-3567.
• •
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Responsibilities as a Permittee: F
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.
g1.4 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;
4C R 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;
g"A 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;
44 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;
kJ' 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.
K M 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.
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rt1/4 S. 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.
A 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.
1)J; 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.
•
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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 beat of my knowledge, all significant, valuable and permanent man-made
structure(s) in existence at the time this application is filed, and located within 2OO
feet of the proposed affected area have been identified in this application (Section 34-
32.5-115(4)(e), C.R.S.).
2. No mining operation will be located on lands where such operations are prohibited by
law (Section 34-32.5-115(4)(f), C.R.S.;
3. As the applicant/operator, I do not have any extraction/exploration operations in the
State of Colorado currently in violation of the provisions of the Colorado Land
Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120, C.R.S.)
as determined through a Board finding.
4. I understand that statements in the application are being made under penalty of
perjury and that false statements made herein are punishable as a Class 1 misdemeanor
pursuant to Section 18-8-5O3, C.R.S.
signed and dated this 26 day of June 1997
PHD Contractors, Inc.
If Corporation Attest [Seal
Applicant/Operator --
L i
Signed: 669.O-/-Corporate
��Signed: -- —
U6 ±Corporate Secret o 'Equivalent
Title: President Town/City/Co y Clerk
State of Colorado
1 ss
County of Douglas
The foregoing instrument was acknowledged before me this 26 day of June , 1997 ,
by Felix Perez as President of PH1) rnntkrt.Orq, inc.
t ry Public.
Hy Commission pires:
01/02/96 2 23FCO.112
EXHIBIT A
LEGAL DESCRIPTION:
Part of the Southeast 1/4 of Section 6 and Part of the West 1/2 of the Southwest 1/4 of'
Section 5.
Township 10 North
Range 57 West of the 6th P.M.
Weld County Colorado
ADDRESS.
67001 Weld County Road 120
Weld County, Colorado
Page I
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COLORADO-WELD CO.
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