HomeMy WebLinkAbout20132861.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR COMPENSATION FOR DAMAGE TO STRUCTURES
WITHIN 200 FEET OF MINING ACTIVITIES AND AUTHORIZE CHAIR TO SIGN - LOLOFF
CONSTRUCTION, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for Compensation for
Damage to Structures Within 200 Feet of Mining Activities between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and Loloff
Construction, Inc., for property described below, commencing upon full execution, with terms and
conditions being as stated in said agreement:
Located in part of the NW 1/4 of Section 4, Township 5 North, Range
65 West of the 6th P.M., Weld County, Colorado, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of
which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for Compensation for Damage to Structures Within 200 Feet
of Mining Activities between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and Loloff Construction, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
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BC0044
APPROVE AGREEMENT FOR COMPENSATION FOR DAMAGE TO STRUCTURES WITHIN 200
FEET OF MINING ACTIVITIES - LOLOFF CONSTRUCTION, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the gth day of October, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COU _Y, COLORADO
Weld County Clerk to the Board
4.
BY:
Deputy Clerk to the Board
County Attorney
Date of signatureCT 2 2 2013
William F. Garcia, Chair
EXCUSED
Douglas Rademacher, Pro-Tem
Sean P. Conway
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2013-2861
BC0044
RECEIVED
August 26, 2013
Weld County
Planning and Building Services
918 10th Street
Greeley, Colorado 80631
Neld SEP 10 2013
County ,-Lion/Ng Departm
GREELEY OFFICE
Re: Agreement for Compensation for Damage to Structures within 200 feet of
mining activities
To Whom It May Concern:
Loloff Construction, Inc. has a Weld County (County) Use by Special Review Permit
AMUSR- 690, and a State of Colorado Division of Reclamation, Mining, and Safety
(DRMS) Reclamation Permit M1985-112 to allow sand and gravel mining on property
within 200 feet of structures located on your property. The Colorado Mined Land
Reclamation Act provides protection for your property, and specific protection for
your structures located within 200 feet of the mining activities.
DRMS Permit requires a notarized agreement between the permit holder and owners
of structures within 200 feet, providing compensation for any damage to the structure;
or preparation of an engineering evaluation acceptable to the DRMS, demonstrating
that such structures shall not be damaged by the mining activities if an agreement
cannot be reached.
Loloff Construction, Inc. has had an engineering evaluation performed to determine
acceptable setbacks from their proposed mining permit boundary and mining limit to
structures adjacent to the mining. The proposed mining slopes and setbacks were
analyzed using the XSTABL v5.105a computer program. XSTABL was designed to
analyze the slope stability of earth embankments subjected to several critical
situations that may occur during the life of the embankment. The procedure searches
for circular shear failures and automatically searches for the lowest safety factor.
2,000 separate failure surfaces were analyzed for each case. The required minimum
safety factors are based on the current standards used by the Colorado State
Engineer's Office (SEO) for high hazard embankment dams, and industry accepted
standards for the evaluation of embankments during construction. The safety factors
attained using the setbacks shown on the attached Mining Plan are greater than the
required safety factors specified by the SEO for an earth embankment during
construction, and an earth embankment subjected to earthquake loading, based on
the United States Geological Survey earthquake peak acceleration factors for the
area. This evaluation indicates that damage to structures adjacent to the mining
should not occur, even during earthquake conditions, which are very unlikely to be
present.
2013-2861
Loloff Construction, Inc.
P.O. Box 518 Kersey, Colorado 80644
Weld County
RE: Agreement for Compensation for Damage to Structures within 200 feet of mining activities
With this letter, Loloff Construction, Inc. requests your authorization to conduct
mining and reclamation activities within 200 feet of the structures located on your
property. In return for this authorization, Loloff Construction, Inc. agrees to provide
fair compensation for any damage to your structure(s) resulting from its mining and
reclamation activities. Your notarized signature below grants permission for Loloff
Construction, Inc.to conduct mining and reclamation activities within 200 feet of your
structure(s), and acknowledges Loloff Construction, Inc.'s commitment to provide
compensation for any damages to said structure(s) caused by Loloff Construction,
Inc.'s mining and reclamation activities.
If you provide authorization to conduct mining and reclamation activities with 200 feet
of your utility DRMS also requires a notarized letter, on utility letterhead, from the
owner(s) of the utility. Per Rule 6.4.19 of the DRMS 112 Construction Materials rules
and regulations the letter should state that the mining and reclamation activities as
proposed will have "no negative effect" on your utility/street at Balsam Avenue.
Sincerel
Don Loloff, . ager �G
Loloff Construction, Inc.
eld G'unty L_--
William F. Garcia, Chair
Board of Weld County Commissioners
Date
OCT 0 9 2013
Date
The foregoing instrument was acknowledged before me this % —day of OdTder ofW% by
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Loloff Construction, Inc.
P.O. Box 518 Kersey, Colorado 80644
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305 Denver Avenue - Suite D
Fort Lupton, CO 80621
303-857-6222
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Loloff Pit
Site Map
SCALE IN FEET
Date: 8.26.13
Job No: 13137
Drawn: WSS
Scale: 1 " = 500'
Sheet: 1 Of: 1
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