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HomeMy WebLinkAbout1.0 ApplicationSTATE OF COLORADO v� Roy Romer, Governor DEPARTMENT OF NATURAL RESOURCES MINED LAND RECLAMATION DIVISION DAVID C. SHELTON, Director DATE: April 13, 1987 TO:. Den it�s Stran FROM: . Wint RE: Temporary Cessation of Mining Operations County Planning Director, Operator: Surface Exploration Industries, Inc. Operation: Lindauer Pit Permit No.: M-79-180 Pursuant to the requirement of Rule 1.62 of the Rules and Regulations of the Colorado Mined Land Reclamation Board to inform Counties and certain Municipalities of the intention of mining operators to put their mining operations into a state of temporary cessation of mining, please be advised that Surface Exploration Industries Inc. has filed a Notice of Temporary Cessation with the Colorado Mined Land Reclamation Pivision for the mining operation captioned above located at Section 13, T7S, R96W, 6th P.M. (north of the Colorado River). The period of temporary cessation began (or will begin) on September 30, 1983, and may last for up to five years from that date. The Notice contains information pertaining to the reasons for cessation of the mining operation, a plan for resumption thereof, and the measures taken to comply with reclamation and other necessary activities related to the performance standards of Rule 6 of the Rules and Regulations in order to maintain the mine in a non -producing or non -development state. The receipt of the Notice of Temporary Cessation will be acknowledged in the monthly activity report attached to the agenda of the next regularly -scheduled Board meeting unless one or more of the following conditions occurs: 1. Reclamation performance standard issues are indicated in the Notice of Temporary Cessation. 2. Such issues are indicated by a field inspection of the site of the mining operation. 3. Such issues are indicated by a review of the mining operation file. 4. Concerns are expressed about the Notice by interested persons. If one or more of the above conditions occur, the Division will place the Notice of Temporary Cessation on the agenda for the Mined Land Reclamation Board meeting of May 27-28, 1987. During that meeting, the Board will consider whether or not to accept the Notice. If you have any questions, please call. /l al 8868F 0786F (Rev. 1/87) 423 Centennial Building, 1313 Sherman Street cit_APR 27_1.987 GARFIELD COUNTY Denver, Colorado 80203-2273 Tel. (303) 866-3567 1 70-1(36) Grand Valley E & W STATE D•'ARTMENT OF !-11110I-;WAYS JACK KINSTLINGER ='*`-.. EXECUTIVE DIRECTOR DIVISION OF HIGHWAYS E. N. HAASE CH'ElF ENGINEER DISTRICT 3 R. A. PROSENCE DISTRICT ENGINEER STATE OF COLORADO P.O. BOX 2107-606 SO. 9TH ST. • GRAND JUNCTION. COLO. 81501 • (303) 242-2862 September 13, 1979 Garfield County Clerk County Courthouse Glenvrood, Colorado Dear Mrs.: Enclosed is a copy of our application for Mining and Reclamation Permit for the Lindauer Pit located in Garfield County. It is required by law that the County Clerk or Recorder have a copy on file for public review. If there are any questions, please feel free to contact this office. Enclosure RGL/cic Sincerely, R.A. PROSENCE DISTRICT ENGINEER cc: Pit File BY ice,v.?- 1•01/(. K,ViC i/reccec Fs'r- ROBERT G. LUCAS MATERIALS SOURCE SPECIALIST W73. Rfi(l1LAR (112) PERMi*f APPLICATION FORM State , Colorado Department of Natural Resources MINED LAND PECLAt:ATI011 WARD . 1313 Sherman Street, Room 723 Denver, CO 80203 (393)839-3567 • • Application Reclamation to CRS 1973 for Mining and Permit, Pursuant 34-32-10I et seg Date: September 11, 1979 (Type or Print Clearly) 1. Nance of operations Lindauer Pit (Pit, mine or site name) 2, Name of applicant/operator Division of Highways (Nacre to be used on permit) State of Colorado 3. Address and -phone number of 606 S. 9th St., Grand Jct., CO 81501 ..local offices 303-242-2862 • 420LE..Arkan.as AVP., nonver. CO 80222 4. Address and phonc number of general offices 303-757-9224 Local -Robert G. Lucas 242-2862 5. Name and phone number of person _ • staff members should contact General -Kenneth M. Geisert 757-9224 6. Parent Corporation, if any •6 address) U.S.A. • ' (Include name • 7. Owner(s) of record of affected Ivo E. Lindauer and Sidney R. Lindauer 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) Ivo E. Lindauer and Sidney R. Lindauer 9. Source of legal right to enter -(Indica'e•what type of proof is included in EXHIBIT 0) -- NOTE: See • "Option to Buy Material" .FULE 9'.1(3), Rules g. Regs,.g. 46. O. Type of mine & substance to be mined (Specify underground, strip, open pit, etc. and substance(s) to be mined). They type of mine is open pit. Sand and gravel is to be mined. • 11: Ge,.eral location & elevation (Miles & direction from nearest town & approxi mate site elevation) The pit is located 3/4 mi: S.W. of Grand Val on U.S. 6 and 1/10 of a mi. S.E Elev. is 5C 12. County Garfield . 13. Acreage of affected lands (Total surface acreage to be included in _permit (See RULE 1 for definition). Pit area ' - = 24.36 Ac. Plant & Stockpile Areas = 9.37 Total=36.E Haul road areas = 2.65 ..14: Application fee (See RULE 2 to determine amount) ._Basic fee = 50.00- Total= 560E 36.88 ac. @ $15.00/ac.= $555.00 15. Present land use (i.e., agricultural, industrial, etc.) • Agriculture and Grazing ..-16. Surrounding land uses Agriculture and Grazing -17. Proposed future land use (Final use -,-after reclamation) Agriculture and ponds %•18. Unpermittcd mining operations (See ley 50 Bac .00 1 • SUMMARY LINDAUER PIT I 70-1(36) Grand Valley E & V The Lindauer Pit is located 3/4 of a mile southwest of Grand Valley on U.S. Highway 6 and 1/10 of a mile south. There are two areas to the pit and they lay between the highway and the Colorado River. The pit area is on private ground owned by Ivo and Sidney Lindauer. The Division of Highways has an option to Buy Materials which will be sand and gravel and soil overburden. Work in the pit will be done by A Division of Highways contractor. Material from the pit will be used for the construction of I 70 in the Grand Valley area. The material will be used for embankment, stabilization and wearing course materials. The pit is a Colorado River deposit of sand and gravel with soil over- burden. The estirated depth of Soli overburden is from 2 fL. to 4 it.. The estimated depth of sand and gravel s 22 feet. The total disturbed area is 36.88 acres, this includes the plant and stockpile site and the haul roads. The nit areas are covered with cottonwood trees, brush, and grass. The plant and stockpile area is part an old slough and part an uncultivated field. The mining operation will start with clearing the brush and the trees from the areas to be mined. The soil overburden will then be stripped from the pit area, a sufficient quantity of the material will be stock- piled for use in reclaiming the disturbed areas. The excess of the material may be used on the project if needed. If not needed, it will also be stockpiled and used to reclaim the pit. The sand and gravel will be mined from east to west taking the full depth usable material. This material will either be hauled directly to the project or processed and stockpiled in the appropriate areas. Pumping of the pit will be required to excavate the pit, the pumped water will be settled before going into the Colorado River. Upon completion of the mining operation the pit slopes will be graded and left no steeper than 4:1, a small inland will be left in pit area No. 1. All disturbed areas will be covered with from 6" to one foot of soil overburden. The plant and stockpile area will be brought to grade with the surrounding farm ground and covered with a minimum of one foot of soil overburden. All trash and waste material will be re- moved from the area. uumia r y 'Lindauer Pit Page two • Grand Valley E & All disturbed areas exept the haul roads will be fertilized, seeded, and mulched as outlined in the reclamation plan. The excavated areas will be small lakes, ideal for wildlife habitat. The plant and stock- pile area will be incorporated with the existing farm ground. The haul roads are to remain in place after work in the pit is completed and will not be reclaimed. EXHIBIT "A" LEGAL DESCRIPTION LINDAUER PIT Lots 5, 8, 9 and unpatented land lying N. of the Colorado River, all being in Section 13, T. 7 S., R. 96 W.,.6th P.M., Garfield County, Colorado. JN g 0- /7/ //i -N -\) 11// \\\ •\,\'‘N( / 4IV\ (1101 N:1-31 " N. t-...„1 \\\ \\\ '`\ \ \ • \ \\\\ \\,.‘ \\\ \\\,!\;\.ts•\1. ))I , , 0 11,(76 1 1 \\\ , \ ,114 .\\ • \ \ * IJ co S 01 ro "+ —4. 0 w 0 :7) 0 ---../ ./.----,- ------Di -- 7 Cb\ / / -.\...__ flz r- igm 1 0 co 0 Y STATE DL'PARTMENT OF HICWAYS JACK KINSTLINGER DIVISION OF HIGHWAYS E. N. HAASE CHIEF ENGINEER EXECUTIVE DIRECTOR DISTRICT 3 R. A. PROSENCE DISTRICT ENGINEER STATE OF COLORADO P.O. BOX 2107-605 SO. 9TH ST. • GRAND JUNCTION. COLO. 81501 • (303) 242.2862 January 18, 1979 County Planning and Zoning 2014 Blake Avenue Glenwood Springs, CO 81601 Attention: Mr. Bud Milner County Building Official Gentlemen: In compliance with county zoning regulations for Special Use Permit in an Agricultural/Residential/Rural Density District; application is hereby requested for a permit to extract materials to build roadway from materials pit designated as the Lindauer Pit. As per Section 4.03.07 (Industrial Operations) of the County Zoning Resolution: Location of area for which applied - Lots 5, 8, 9 and unpatented land in Section 13, T. 7S., R. 96 W., 6th P.M., Garfield County, Colorado Scope of Work - To include removal of materials from locations as described on pit sketches. Material to be used for construction of Highway Projects. Sequences of work performed by contractor will be as designated by the Division of Highways, as authorized in the Standard Specification book, under Section 105. Schedule of Construction - The Project for this area is scheduled to be in the construction stage after July 1979 Completion would be subject to working days allowed and weather conditions. All work by forces governed by this contract shall be in compliance with all applicable laws and regulations of the County, State and Federal Governments, as described in the Standard Specification book under Section 107.01 - Law to be Observed; Section 107.23 - Air and Water Pollution; and/or all other Sections of the Specification book that pertain. -Continued- County Planning and ZIOng Glenwood Springs, Colorado -2- Plan for rehabilitation of area as described above: • Lindauer Pit The Contractor shall confine his activities and equipment within the pit limits, the plant and stockpile area and the haul road. The pit slope will be left no steeper than 3:1. Trees and brush cleared from the area will be buried in the pit slopes. Overburden stripped from the pit will be placed uniformly on the pit slopes and disturbed areas above the high water line. The plant and stockpile area will be cleared of all waste piles and graded. All disturbed areas will be seeded, mulched, and fertilized. One'copy of the Standard Specifications for Road and Bridge Construction, January 1976 edition, has been submitted to the County Zoning Office for reference. The Division of Highways requests that the permit fee be waived. Very truly yours, RICHARD A. PROSENCE DISTRICT ENGINEER A. C. Ruckman District Materials Engineer by 0, RGL/scf cc: Pit File Const. Engr. Glnwd. Materials IMPACT STATEMENT Location: Lindauer Pit Lots 5, 8, 9 and unpatented Land in Section 13, T. 7 S., R. 96 W., 6th P.M. Garfield County, Colorado. This location is approximately one mile west of Grand Valley, Colorado between U.S. 6 and the Colorado River. Scope: Material from the pit will be excavated by the Division's Contractor. He will use whatever equipment he thinks necessary to do the work. The material will either be crushed or hauled directly to the project as pit run sand and gravel. The Contractor will comply with all local, state and Federal laws regarding these operations. The excavation will leave a small lake. All disturbed areas will be reclaimed as stated in the Permit from the Mined Land Reclama- tion Board. • Design and Construction Schedule: The quantity and quality of this material has been determined suitable by the Highway Department. Construction Schedule is estimated to be: After July, 1979 PUBLIC NOTICE PLEASE TAKE NOTICE THAT The Division of Highways has applied to the Board of County Commissioners, Garfield County, State of Colorado, to grant a special use in connection with the following described property situate in the County of Garfield, State of Colorado, to -wit: Lots 5, 8, 9 and unpatented Land in Section 13, T. 7 S., R. 96 W., 6th P.M., Garfield County, Colorado. Said special use is to permit the petitioners To extract and process natural resources. on the above described property. That public hearing on the application for the above special use has been set for the day of A. D., 19 , at the hour of M. in the office of the Board of County Commissioners at the County Court House, Glenwood Springs, Colorado. Ella Stephens, Clerk County Comtti ss i oners Garfield County IJ �� „), if .5500 EXHIBIT "B" ,,;LOCATI ON MAP/ LINDEAUR PIT `\ GARFIELD COUNTY, COLO. N1 T. 7 S., R. 96 W., 6th P.M. -- -� L' 1 Mile 5114'\ / L\ '7' / / $rsey,Hurt Cern I 70-1 (36) Grand Valley E. & W. • 4.\ T j Gr, id�Valley ij Radko �I 'rtSund �� s< <„� s'o D.& R.G.W. R.R. U.S. 6 • i Pit No . 2 c 5262 ' .S 17• Gra;el Pit, ��•7-� • r S g i- C..... `y 5348 10 -7.- •b• ,o /�� >5046 / •j 1� j. A 5114 • �:- i 1 1/ 5074 Pit No. 5056, \ Colorado River), 5130•• i f 1 ` \___ ,-'. `' ��OO( ,! r� \ �� `! (- •-� I ) \ J �-.-.;fit/ 2 \ l_ II f \'''••••.,,\::::\- 2 ' ....1 • • f• .' •.' Cor, 3.47:r==- Scale: 1" = 2000' e_ Pri 21 p ')Ument Gp'L 4!•• • 19 • • I; - \� y 7`f ; u � —6:00 IRI 1II 30. r. • • necGr4eci at. _._.L1•s. � o�rc� f; Reception No......Ella Stephens, Recorder DOH Form No. 788 December 1972 (Prev. O.F. No. 10) Project No. I 70-1(36) Location: Grand Valley East & West OPTION TO BUY MATERIAL THIS AGREEMENT, Ma( and entered into this day of 19 , by and between Ivo E. Lindauer and Sidney R. Lindauer Ivo E. Lindauer, 2532,31 st. Ave. ,Ct. ,Greei,y, CO 80631 Sidney R. Lindauer, 8a`1622, E1,o, Nevada, 89801 of County , hereinafter re- ferred to as the Owner, and the DEPARTMENT OF HIGHWAYS, STATE OF COLORADO, here- inafter referred to as the DEPARTMENT. (The term "DEPARTMENT" shall be construed to include Department employees, agents and contractors.) WITNESSETH THAT: WHEREAS, the Department desires to obtain construction materials of satis- factory quality and quantity for use in construction, improvement and maintenance of its highways, which material is available from land owned by the "Owner" and described as follows, to -wit: I nts ri, Rr q and nnr, - - • . / • • 1 • 11 shown on the attached ma s which _is •art of this o•tion. (See -sketch -on -back) NOW, THEREFORE, IT IS AGREED BY THE PARTIES: The Owner, for the consideration of One Dollar, receipt of which is hereby acknowledged, hereby grants to the Department the exclusive right and option from the daze of this Agreement until the 31st day of December , 19 82 , at 12:00 Noon, to purchase and remove from the subject premises. (a) at Cents ( c) per (ton) (cu.yd.) See additional conditon #18 for prices (b) at Cents ( c) per (ton) (cu.yd.) or -for -a -romp -sum -of-$ . If the Department exercises this Option within the time aforesaid, the Department shall then have the right to purchase and remove all material necessary for construction of Department projects in the area, .asui--f-erz—acietrtrtrt-e-tilerinta steckp44e-. -if-the-Bepartment-exercises-this-eption, the-9wner-shaLL-be-paid-a-minimum-of- 5788. The Department shall have the right of ingress and egress to and from the sub- ject premises and to erect any temporary structures, such as: - screening and crushing plants, and asphalt plants; and to employ any reasonable methods for remov- al of material. After the Department has completed its removal operations, it will leave the premises in a neat condition. This Agreement is for removal of material for use on Department projects and maintenance only, and removal by any other persons including the Department's contractor or contractors for any purpose other than as herein provided, shall be under a separate agreement with the Owner and only with written approval of the Department. It is understood and agreed that, upon the letting of a contract by the Depart- ment to a contractor for the construction, improvement and maintenance of highways, the Department shall assign to the contractor all its right, title and interest under this instrument, insofar as the same shall be applicable to the projects let. to the contractor, and the contractor may reassign such option to subcontractors working on said projects. If the option is exercised by the contractor or any subcontractor, said contractor or subcontractor shall have a right to extract ail material needed for the projects covered by the contract let by the Department, sub- ject to all the terms of the Option. Page 1 P1 ;'dam • ../../ok 513 ?a -,e 8654 The Owner hereby warrants that he has good title to the above described pre- mises; that he has the lawful right to grant this Option, and that he agrees to hold the Department harmless from any and all claims from others asserting any interest in the subject land. Additional Conditions See attached sheet which is part of this option. Ivo E. Lindauer DEPARTMENT OF HIGHWAYS, STATE OF COLORADO Sidne R. ' dauer (Owner(s) - Insert as appear(s) above)) By: Robert G. Lucas, ngr. Tech. III ALP:el DISTRIBUTION: Original - Design Engineer - 1 - Owner or each Owner ---` 1 - Materials Engineer - Denver` 2 - Construction Engineer - District 1 - Maintenance Engineer for all State Forces Projects 1 - Dist. Mat'ls. Engr.' i - Pit file r" r, By: * * * * * * * * * * * STATE OF ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of , A.D. 19 , by Witness my hand and official seal. My commission expires (SEAL) Notary Public (Original to be acknowledged and recorded if, in the opinion of the District Engineer, there is possibility of transfer of the premises or question of title. Refer to D.O.H. Memo No. 418, dated April 7, 1972.) Please attach plat of pit area. Field Sample No. 1 70-100) Grand,Valley. & W. BUUn 5 13 PACE C65 LINDAUER PIT ADDITIONAL CONDITIONS 1. The pit limits will be established (and staked) by the Department and will be as shown on the pit sketch. 2. A minimum of 50 feet (measured from the high water line) of undisturbed ground shall be left between the Colorado River and the edge of Pit No. 2., 3. The Contractor shall confine his activities and equipment within the limits of the pit, and plant and stockpile area and the haul road as shown on the pit sketch. 4. Pit No. 1 will be excavated its full width and depth from East to West. 5. Pit No. 2 will be excavated its full width and depth from East to West. 6. The Contractor shall be required to use all reasonable means, including pumping of the pit to excavate the full depth of usable material. 7. Pit slopes are to be left no steeper than 4:1 (4 feet horizontal to one foot vertical), iiit_(+,a,v7 , i9V 8. Brush stripped from the pit area will be buried in the pit slopes or otherwise disposed of as directed by the Engineer. Trees will be made available to the property Owner. If the Owner does not want the trees they shall be disposed of as directed by the Engineer. 9. Any rock too large for crushing will be buried in the pit slopes as directed by the Engineer. IV 10. The top 6" of overburden stripped from the the pit will be placed over the pit .LI;I4 H d slopes to the high water line and over the plant and stockpile area and,C seeded. 11. The haul road is to be constructed and left in place as shown on the pit sketch. 12. All new fencing and gates shown on the pit sketch will meet the specifications for these items as shown on the construction plans. Any fences or gates removed to facilitate the haul route will be replaced. 13. Any pipe required as shown on the pit sketch are to remain in place .v 14. Any crushing equipment or hot plants used will meet all air pollution requirements. 15. All disturbed areas will be reclaimed as required by the Mined Land ' Reclamation Permit. 16. All asphaltic materials and trash will be removed from the property upon completion of work in the pit and stockpile area. 17. The Contractor shall pay the property owner for all material removed. Payment therefore shall be in monthly installments; each monthly payment shall be based upon the quantity included in the Department's progress estimate for the preceding month, and the same shall be made on or before the twentieth (20th) day of each month. The Contractor shall retain ten (10) percent of the money due the property owner until final yardage or tonnage is determined by the Department. I /0-1(36) Grand Valley E. & W. auur 51 s FAQ; L67 LINDAUER PIT ADDITIONAL CONDITIONS 18. Payment for material removed will be as follows: 1978 1979 1980 1981 to 1982 Crushed Sand & Gravel (per ton) 14¢ 16¢ 18¢ 20¢ Pit run Sand & Gravel (per cu. yd.) 20¢ 22¢ 24¢ 26¢ Soil Overburden (per cu. yd.) 6¢ 7¢ 8¢ 9¢ 19. If a contract has been awarded and the pit is to be used or if the pit is being used and the option will expire before work in the pit is completed the ex- piration date will be extended until work in the pit for that particular project is completed. 20. The Department will make application to the Mined Land Reclamation Board for a "Development and Extraction Permit". If this permit is issued, it will be transferred to the owners upon completion of the Department work in the pit. 21. The Department will be responsible for meeting the reclamation requirements of the above mentioned permit. 22. This option is contingent on the Department being able to obtain the haul road easement, (No. 3-50), as shown on the pit map. g3. 1 ►'l l_ O ✓' it .,k( Ije l tot_ YCktA Ct 1 ; r) {c' Y / h c7 ).^e S Q ►l At c? SV YY t-, .s TG c-71 v- prc n ter\:'c l+J/ s7vz K ) /e, -..4c 1....), i1 b.4_ Ye -174 (1, T 511 Cor" fr"pal54V Y i` TLt. 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