Loading...
HomeMy WebLinkAboutDNR Surface Mining No.70-012639 - GRD Permit / Conditions - 4/24/2013 r lip " WASHINGTON STATE DEPARTMENT OF Caring for Natural Resources your natural resources r PeterGoldmark-Commissioner of Public Lands .. now and forever April 24,2013 -J a — L QD MANKE LUMBER CO INC 826 FAIRMOUNT AVE SHELTON WA 98584-3229 RE: TRANSFER OF SURFACE MINING RECLAMATION PERMIT NO. 70-012639 Gentlemen: Enclosed is Reclamation Permit No. 70-012639 dated April 24, 2013 and Exhibit"A"(Additional Conditions of the Permit),dated March 1, 1990,which confirms the permit transfer from Fred Hill Materials Inc.to Manke Lumber Co. Inc. and authorizing the continued surface mine reclamation within portions of Sections 1 &2,Township 22 North,Range 03 West,W.M.,Mason County. Please refer to the permit number listed above when submitting inquiries or reports. RCW 78.44 requires that reclamation of each segment of the permitted area shall be completed within two years of cessation of mining in that segment. We strongly recommend that reclamation of each segment occurs concurrent with the removal of the minerals. We hereby acknowledge receipt of Security Number 213063 issued by American Contractors Indemnity Company in the amount of$5,600.00.The security has been approved and accepted by the Department of JNatural Resources. A copy is enclosed for your files. In view of the acceptance of the security listed above,be advised that as of this date,the Department of Natural Resources relinquishes all interest and claim against the former Performance Security Number 857251C issued by Developers Surety& Indemnity Co. in the amount of$23,500.00. You are required to fill out and return the Annual Production Report Form when you receive it. We will then provide an invoice for your permit fee with an Annual Reclamation Report(Form SM-7). You will receive this form approximately one month prior to the due date. The form must be completed and returned to the Department with the required air photo or sketch map in addition to the applicable annual fee prior to the revised permit's anniversary date. Please send the fee as stated on the invoice to: The Washington Department of Natural Resources. f Sind Tommy Duerr Surface Mine Reclamation Program V/ Geology&Earth Resources R EC E V E R enclosures Wj,2 9 2013 c: File No.12639 T� Former Permit Holder:Fred Hill Materials Inc,PO Box 6,Poulsbo WA 98370-0006 Mason County Planning Department,PO Box 279,Shelton,WA 98584 426 W, CEDAR ST. Developers Surety&Indemnity Co,C/O Edgren Hecker&Lemon Ins Inc,PO Box 986,Poulsbo,WA 98370 American Contractors Indemnity Company,601 S Figueroa Ste 1600,Los Angeles,CA 90017 GEOLOGY AND EARTH RESOURCES DIVISION 1 1111 WASHINGTON ST SE I MS 47007 1 OLYMPIA,WA 98504-7007 TEL(360)902-1450 1 FAX(360)902-1785 1 TTY(360)902-1125 1 TRS 711 1 WWW.DNR.WA.GOV �� EQUAL OPPORTUNITY EMPLOYER RECYCLED PAPER AML WASHINGTON STATE DEPAaTM ENTOF SURFACE MINING Natural Resources RECLAMATION PERMIT ❑new❑ expansion❑ revision❑name change ❑■ transfer (Form SM-9) Permit Holder: MANKE LUMBER CO INC Mailing Address: 826 FAIRMOUNT AVE SHELTON WA 98584-3229 Pursuant to RCW 78.44,a Reclamation Permit hereby granted to the above-named permit holder to engage in surface mining on the property described in the application and material on file under this permit. The total area to be disturbed by surface mining, including the deposition of surface-mining refuse,shall be in accordance with the reclamation plan filed with and approved the by the Department of Natural Resources under this permit, and in accordance with the conditions and descriptions set forth in Exhibit"A"attached hereto and made a part hereof,and RCW 78.44. TERM OF PERMIT This permit shall be in effect from the date of issuance and shall remain in effect so long thereafter as the permit holder pays the annual basic fee for each site,complies with the Surface Mining Act and the rules promulgated thereunder,complies with the reclamation plan,and maintains a performance security as required by the Act. CHANGE OR MODIFICATION OF RECLAMATION PLAN The permit holder shall obtain written approval from the Department prior to any change or departure from the approved reclamation plan. PERFORMANCE SECURITY A performance security shall be submitted to and approved by the Department prior to commencement of surface mining:The permit holder may submit a cash deposit, assignment of a savings account or certificate of deposit, bank letter of credit, negotiable securities,or a corporate surety bond in the amount specified. The amount of the performance security shall be subject to adjustment according to RCW 78.44. TRANSFER OF PERMIT The transfer of this permit to another permit holder shall not be made unless approved in writing by the Department. A transfer shall not be approved unless the successor permit holder assumes all duties of the former permit holder to complete the reclamation of the land and the Department approves the successor permit holder's performance security. PENALTIES The Department may suspend surface mining or impose civil penalties if the permit holder conducts surface mining in any manner not authorized by RCW 78.44,the rules adopted thereunder,the approved reclamation plan,or this permit. Permitted issued on March 1, 1990 Permit revised on April 24,2013 1/4,S i T 22 N,R 03 W WM Signature 1/4,S 2 T 22 N,R 03 W WM T Name Tommy Duerr 1/4,S T N,R WM Title NRSP 1/Land Manager 1/4,S T N,R WM Division of Geology&Earth Resources 1/4,S' T N,R WM TOTAL ACREAGE AND DEPTH OF PERMIT AREA (Include all acreage to be disturbed by mining,setbacks,buffers,and associated activities during the life of the mine.See SM-8A) Total permit acreage 80 DNR Surface Mining Reclamation Maximum vertical depth below pre-mining topographic grade is 40 feet Permit No. Maximum depth of excavated mine floor is feet relative to mean sea level 70-0 1 2639 Surface Mine Reclamation Permit(SM-9) Revised 12110 f r Mr K`R Operating Permit No. 12539 EXHIBIT "A" ADDITIONAL CONDITIONS OF THE PERMIT (1) This Operating Permit applies to the following property: An BO acre portion of the W1/2, SW1/4, Section 1 and the NE1/4, SEl/4, Section 2, Township 22 North, Range 3 West, W.M. , Mason County, Washington. (2) All operations shall comply with the Maximum Environmental Noise Levels as set forth in RCW 70.107 and WAC 173-60. (3) All operations shall comply with the Washington Clean Air Act as set forth in RCW 70.94 and WAC 173-400. Noise and air pollution statutes are administered by the Washington State Department of Ecology. For clarification of these conditions, please call the Department of Ecology at 206-459-6000. (4) Per the Department of Ecology's March 1, 1990 letter, the operator shall adhere to the following requirements: 1. Any groundwater withdrawals in excess of 5,000 gallons per day or for the irrigation of more than one-half acre of lawn or noncommercial garden will require a water right permit from Ecology. 2. The proponent is responsible for inspecting the site to determine the location of all existing wells. Any unused wells must be properly abandoned as described in WAC 173-160-415 through -465. This includes any dewatering wells installed during the construction phase of the project. 3. Any water wells shall be constructed in accordance with the provisions of WAC 173-160 by a driller licensed in the State of Washington. By Wi S. LinqJ,6y, Jr. i Regulaftry Programs Manager Division o eology and arth Resources REQUEST FOR TRANSFER WASHINGTON STATE DEPARTMENTOF OF SURFACE MINE M%-WF RECLAMATION PERMIT Natural Resou, (Form SM-2B) �:wiscnl to-ale transrei' 1�iv i;urrwi nilk hoid0s). hemb-, 4�- Df I Ri�clarrlaLjon Pcnriit Nu. ,. . t)_ privilegm and obligatiurls under -rcIb "i K ow 'hip(S) Norl), kange!s) of W Coultly,Washington, 1. 1 (We) ackilvw1cage 001 1 (we) will continue to be responsible (oi- all reclarnatiot, revoll4ibilitics fur Illuclarnat6un Permit No. i*___Q and riii. all OtIlig-11i'l)" under the Surfilce I vi-inilig 11cchimmiun Act as Pffmitllov(s), unzip 11nal vpl)rov;kl or this transftr by The Deparfillelit of Nalurat 142wurves (DN14) wS evi- Oriwed by the toudwrizLd signat-ure b-cloily. I urdemand Ibitt DNR niq nut 41cqt:pt the transl-tr of th%:Permit L11111i the . pyopos(!d irkniskrce(s) subinit(s'- acccpL6ble decuillents required 'by the jl�_ Sw-facv tyligle Ad and rules, espeultifly WAC 332-18-M, Thy 'proposed impskruc(s) jjjay be required to submit the 11`6110will� docullivnis, in colliplele and uw-eplobli: form, prior to approval by DNR: (1)SM-RA,(2)revised rccj4lna6Dn plan;(3) writivil iiPprovid of al.1 pallies having a possessory inLVreSL in Lhu lw1d;(4)ivvised SM-6; (5)SEVA checklist:tend;'6) adequiae pCH"01rill=oe security. Prior to transfer,the pemift inkist be in good iurlilding.and order. x NE IV L rl'i ............. M Jjjj;j1j1 1 iOJdCT t 4311C11 SJV -T-s ry ------- Addrci,4 <, 10- ..................... �Fily,Slaw.?.ill 35 4 7 1.1, 1 (We) ngree to comply with All Of the terms sled conditions of the curl-0111 approved permit wild plan, the -w jjrelate to my obligations in MV rule as pernwil holder oi- Surfavc Mine R4!v1snia4ivn Act, and rales as they-uqui relate to subkni�l p.. or 411 or She&c.tjaivillis Jistt:d ill Set ion landowior.r. I (We) acklnowtcdge that I (wci may be i ,bCVC priol,ID-.tppj-0.vjj oft:h;:,transkx by :)NIL. _Z4 HL with thls signiture, I (we) hereby relinquish all iiawks,in S,taacl: lillininu Perivit No, sliblev,li to 11tu approval of(big mrallisfer requeswd by The 101cpartmelit purest vril 1;1 it 4-1 IV. 'Phis tramil't"has been approved by the Department'of Naft1rall Re-sOu""' ...... Poke x ku 4LEOR rru...61 w ot$,JqWW fAlllj ROCIOM10),pqjq),k(SW_*,.Fa) REQUEST FOR TRANSFER WASHINGTON STATE DEPARTMENTOF OF SURFACE MINE Natural Resources RECLAMATION PERMIT u (Form SM-2B) of �CP6_ ,the(current rmit h (s), hereby consenbto the transfer s of rights,privileges,and obligations under Reclamation Permit No. Z located in Section(s) —�c.$ ��3 4q,,-) 1 ,Township s) North, Ranges) of �sDAl County,Washington. 1. I (We) acknowledge that I (we) will continue to be responsible for all reclamation responsibilities for Reclamation Permit No. `70—oluo39 , and for all obligations under the Surface Mining Reclamation Act as permittee(s), until final approval of this transfer by the Department of Natural Resources (DNR) as evi- denced by the authorized signature below. I understand that DNR may not accept the transfer of the Permit until the proposed transferee(s) submit(s) acceptable documents required by the Surface Mine Reclamation Act and rules, especially WAC 332-18-150. The proposed transferee(s) may be required to submit the following documents, in complete and acceptable form, prior to approval by DNR: (1) SM-8A; (2)revised reclamation plan; (3)written approval of all parties having a possessory interest in the land;(4)revised SM-6;(5)SEPA checklist;and(6)adequate performance security. Prior to transfer,the permit must be in good standing and order. NEW PERMIT HOLDER AND/OR LANDOWNEWMINERAL RIGHTS HOLDER INFORMATION New Permit Holder Landowner/Mineral Rights Holder(attach signed copies if more than one) —gyp /k N( C3L= M& = Fc2 to m. Address Address Iv ©le" �tI mcv L-I— &, UBI No. City,State,Zip City,State,Zip kz_A41 Phone Phone 36&,:�> 4z S5 3 3�e5 4Z 4�_ SS 11. 1 (We) agree to comply with all of the terms and conditions of the current approved Permit and plan, the Surface Mine Reclamation Act, and rules as they relate to my obligations in my role as permit holder or landowner. 1 (We) acknowledge that I (we) may be required to submit any of all of the documents listed in Section 1 above prior to approval of the transfer by DNR. New Permi older Signatur Landowner metal rights Alder Signature 111. With this sign ture, I (we) hereby relinquish all int tin rface Mining Permit No. subject to the approval of this transfer requested by the Department of Natural Resources. Current Permit Holder z Date Ll I , IV. This transfer has been approved by the Department of Natural Resources. DNR Surfac Mining Approved Si e Date Request for Transfer of Surface Mine Reclanetlon Pemlit(SM-2B) Revised 5/09 CEIVED APR 16. 2013 IN (; ��y SURFACE MINING .. WASHIt��� STTE DEPARTMENTOF ` RECLAMATION BOND � u Natural Resources (corm 5Iv1-1) Bond No.___21_3D63_ — -- KNOW ALL PEOPLE BY THESE PRESENTS,That we, Manke Lumber Company, Inc. as Principal,and American Contractors Indemnity Company a corporation organized and existing under the laws of the State of Texas and authorized to transact business in the State of Washington, as Surety, are held and firmly bound unto the State of Washington,acting through the Department of Natural Resources,in the sum of Five Thousand Six Hundred and No/100ths *** ($5,600.00 )U.S.DOLLARS,for the payment of which sum,we bind our selves,and each of our legal represen- tatives,executors,administrators,successors, and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has received from the Department of Natural Resources,State of Washington,a Reclamation Permit to conduct surface mining on the Premises whoze legal description is in a portion of: 1/4 Sec 1 T�2 N,R 3 (E& (circle one)W.M. _1/4 Sec T N, R (E)(W) (circle one) W.M. _1/4 Sec T N, R (E)(W) (circle one)W.M. _1/4 Sec ,T N, R (E)(W) (circle one) W.M. in_Mason_ County. NOW,THEREFORE,The conditions of this obligation are such that if the.Principal,in conducting such surface mining,faithfully performs the requirements of the permit and Chapter 78.44 of the Revised Code of Washington(RCW),relating to mining and the reclamation of sur- face-mined land,and the Rules adopted thereunder,then this obligation shall be exonerated and discharged and become null and void;oth- erwise it is to remain in full force and effect.In accordance with RCW 78.44,this bond secures completion of reclamation for the area to be surface mined after the signature date of this bond and any previously disturbed areas on the Premises on which reclamation has not been satisfactorily completed and approved. PROVIDED,However,the Surety shall not be liable under this bond fora amount greater in the aggregate than the sum designated in the first paragraph hereof and any reasonable legal fees that the Department may incur to recover the security.The Surety shall not be liable for surface mining performed on the Premises after a date sixty days after the Surety mails a cancellation notice to the Principal and the Depart- ment of Natural Resources,Olympia,Washington.The bond shall remain in full force and effect as respects obligations related to surface mining performed on the Premises before that date unless the Principal files a substitute bond or other performance security approved by the Department of Natural Resources or unless the Department of Natural Resources otherwise releases the Surety in writing. Signed, sealed,and dated Jthis ,1 day of April , 2013 Lhorney in fart(type name below fine) (type ame veto line) Guida McClain Scott Manke, Secretary Surely Title American Contractors Indemnity Company Manke Lumber Company, Inc. Mailirg address Mailing address 601 S Figueroa Suite 1600 1717 Marine View Drive Los Angeles,CA 90017 Tacoma, Wa 98422 253-627-7183 /310-242-6261 Huson Pit Phone number Mine name 70-012639 Reclamation Permil No. Surface Mining Reclamation Bond(Form SM-1) Revised 1/01 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW�ALL NM BY THESE PRESENTS:ThatliArrefiban Contractors IndLemn aniRpInyMalifornia corporation Unitqd-__-S-_.qs x A=MSurety,Sompany, a Maryland corporation and U.S. Specialty Insu rm�--— — — ft—ri�n corporationmWal MR SmGm� Nfies"),do by these presents make,Constitute and appoint: Guida McClain,Elizabeth A.Whitt,Darin M.Puryear or Tracey L.McKinley of Tacoma,Washington its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name,place and stead,t ciWft cknowledge and dF!iyqrI,,pny and all bonds, recognizances undertakings or other instruments or amide rid ers,ders, amendments, and consents of surety, providing the bond Ma penalt"ocs not exceed --*TWwe Million******* Dollars ($M3,000,000.00" This Power ol'Attorney shall expiil M further action on March 18, 2015. This Power of Attorney is grmkd under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authorit=appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on-behalf of the Company subject to the following given full power nod authority fi)r and in the name of and on beh knowledge and erttlt bands agreements or indemnity and other conditional or obligatory t erorlW 09_4"A ft all consents foMftleW 60MI ��tMfttages_and/or final estimates on engineering and construction contracts,and any and al fills W docume nts canceling or terminating!W�mkn y's-lMaIy thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thencto bkfvw_'nI any power of attorney or certificate=bearinglmsimile signature or facsimile seal shall be valid,and binding upon the CompanI respect to o which it is attach oiM The 01110116110-mm tiff instrument til liate seals to be hereto affixed,this-9 IIIII Trday of October,2011. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY ......... —Aw 00aft OWR A lic Daniel P.Aguilar,Vice President State of California County of Los Angeles SS: On this day of Wetober,2011,bel'ore me, Deborah=ReeseF a notary public, personally appeared Daniel P.Aguilar, Vice President off American- Contractors Indemnity Company, United States Surety Company and U.S. Specialty insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person(s),or the entity upon behalf of which the persoa acted,executed the instrument. N Wt uINAWMALTY OF PE10511 tinder the laws''o' f the State of l rib Mit r ing paragraplfis true and correct.— "anfEand official sea I. DESOIRM REESE CWFI if 19MM Signature .,,tees 4- (Seal) Noury pvbuc-caftfos Los"Is coonty @my Comm Expires MW 1#.2015 -,let Indemnity Company, United States S rety CompanXffl 1, Jeannie Lee, Ailistant Secretary ot'Anierican Conti, ors I d U.S. SpecialtX�� Insurance CompaM do hereby certify that the above and44bregoing is aItrue and correct co i Power of Attorney, CXCCLIted b�= �mrry --said Companies, which is still in ffit-force and effect; lurtfiermore,the resolutions of the Boar' s of Directors, set out in the Power of=- Attomev are in full force and effect. In Witness Whereof,I have hereunto set my hand and affixed the seals of said Companies at Los Angeles,California this 11 day cI AM!l= )2013. =MF 7S d III � . I �I IJ =_ =  _ ---- gr affeSe s As� CT Bond No. I G 3 Jeannie Lee,�Isistant Secretary 'w V.; Amc 54 .1 A: ?