HomeMy WebLinkAbout770560.tiff RESOLUTION
RE: APPROVAL OF UNITED STATES DEPARTMENT OF FORESTRY SPECIAL USE
PERMIT FOR A GRAVEL PIT IN THE PAWNEE NATIONAL GRASSLANDS TO
WELD COUNTY.
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 United States Department of Agriculture, Forest
Service, has authorized Weld County, by Special Use Permit, to
mine gravel from a pit in the Pawnee National Grasslands , at no
expense to Weld County, and
WHEREAS, the gravel will be used for public road maintenance
in the area, and
WHEREAS, the above-mentioned Special Use Permit, prepared by
the United States Department of Agriculture, Forest Service , will
expire on December 31 , 1986 , and Weld County will be responsible
for reclaiming the area after it is no longer being mined.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that the Special Use Permit
prepared by the United States Department of Agriculture, Forest
Service, authorizing Weld County permission to mine gravel from
a pit in the Pawnee National Grasslands in Weld County, Colorado,
be, and hereby is accepted, pursuant to the terms of said Special
Use Permit, a copy of which is attached hereto and incorporated
herein by reference.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 8th day of
August, A.D. , 1977 .
4= 41)_,q
‘111(12.1.-
.yy ' `�?`y�,� qy / BOARD OF COUNTY COMMISSIONERS
I(ii - " ^ WELD COUNTY, COLORADO
ATTEST: 1
Weld County Clerk and Recorder
andlClerk to the B rd)
By: / . I ���
Deputy County C erk n n
d`_
APBR ED AS Tp_1\RM: /(,2 ( mo
County Attorney
77056o
C
f • , Date Presented: August 17 , 1977
6:6OC) /!n
. PER TTEE COPY
United Siets. D.p.nmem of Agriculture a. Record no. (1.2) I b. Region (0-4) c. Forest (5.6)
Forest Service
70 02 10
I
SPECIAL USE PERMIT d. Oisrrict (7-8) e. User numb.r(9.12) f. Kind of use (12-15)
I
Act of June 4, 1897 06 1033 422
This permit is revocable and nontransferable g. Stare (16-17) I h. County (18.20) 4. Card no. (21)
(Ref. FSM 2710)
08 123 1
Permission is hereby granted to WELD COUNTY (COMMISSIONERS)
of Weld County Courthouse, P.O. Box 758 Greeley, Colorado 80631
hereinafter called the permittee, to use subject to the conditions set out below, the following described lands
or improvements:
SZSEaSW'a,Section 2 and NzNEILNWa Section 11 , T.10N. , R.64W. , 6th P.M. , located on a
sparsely vegetated gravel ridge to the west of the east fork of the Willow Creek,
as more specifically described on the map attached to and hereby made a part of
this permit.
This permit covers 40.0 acres otstletix midxx and is issued for the purpose of:
•
Production of gravel to be used for public road maintenance in the area.
•
1. Lo u ancv and use under this permit shall begin within an
construction, if any, shall be comp ere I[hin , om t e date of the permit. This
use shall be actually exerci days eac - thenvise authorized
in 'v'i.no
2. In cons' this use, the permittee shall pay to the Forest Service, U -, ent of
Agriculture, the sum of Dollars( ) for the period
from 19 , 19 , and thereafter
annually on
Do lars (S •
Toovi.et, owever, arges for tnis use may be made or readjusted whenever necessary to place the
charges on a basis commensurate with the value of use authorized by this permit.
3. This permit is accepted subject to the conditions set forth herein, and to conditions 18 to
41 attached hereto and made a part of this permit.
NAME OF PERMITTEE SIGNATURE OF AUTHORIZED OFFICER DATE
PERMITTEE ' I
(WELD) COUNTY COM SSIONERS "may / 2 j/ 'e*zust 8, 1977
NAM AND SIGNA TUR TITLE DATE
ISSUING I 'Vc_ :An
OFFICER �� AY F. HOLDS I Forest Supervisor I r /,
.j
(CONTINUED ON REVERSE) 2700.4 I7'7,I
4. Development plans: layout plans; construction, reconstruction, or alteration of improvements; or
revision of layout or construction plans for this area must be approved in advance and in writing by the
forest supervisor. Trees or shrubbery on the permitted area may be removed or destroyed only after the
forest officer in charge has approved, and has marked or otherwise designated that which may he removed
or destroyed. Timber cut or destroyed will be paid for by the permittee as follows: Merchantable timber at
appraised value; young-growth timber below merchantable size at current damage appraisal value; provided
that the Forest Service reserves the right to dispose of the merchantable timber to others than the per-
mittee at no stumpage cost to the permittee. Trees, shrubs, and other plants may he planted in such
manner and in such places about the premises as may be approved by the forest officer in charge.
5. The permittee shall maintain the improvements and premises to standards of repair, orderliness,
neatness, sanitation, and safety acceptable to the forest officer in charge.
6. This permit is subject to all valid claims.
7. The permittee, in exercising the privileges granted by this permit, shall comply with the regulations
of the Department of Agriculture and all Federal, State, county, and municipal laws, ordinances, or regula-
tions which are applicable to the area or operations covered by this permit.
8. The permittee shall take all reasonable precautions to prevent and suppress forest fires. No ma-
terial shall be disposed of by burning in open fires during the closed season established by law or regula-
tion without a written permit from the forest officer in charge or his authorized agent.
9. The permittee shall exercise diligence in protecting from damage the land and property of the United
States covered by and used in connection with this permit, and shall pay the United States for any damage
resulting from negligence or from the violation of the terms of this permit or of any law or regulation appli-
cable to the National Forests by the permittee, or by any agents or employees of the permittee acting
within the scope of their agency or employment.
10. The permittee shall fully repair all damage, ocher than ordinary wear and tear, to national forest roads
and trails caused by the permittee in the exercise of the privilege granted by this permit.
11. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or
part of this agreement or to any benefit that may arise herefrom unless it is made with a corporation for its
general benefit.
12. Upon abandonment, termination, revocation, or cancellation of this permit,the oermitteeshall remove
within a reasonable time all structures and improvements except those owned by the United States, and
shall restore the site, unless otherwise agreed upon in writing or in this permit. If the pernittee fails to
remove all such structures or improvements within a reasonable period, they shall become the property of
the United States, but that will not relieve the permittee of liability for the cost of their removal and
restoration of the site.
13. This permit is not transferable. If the permittee through voluntary sale or transfer, or through
enforcement of contract, foreclosure, tax sale, or other valid legal proceeding shall cease to be the owner
of the physical improvements other than those owned by the United States situated on the land described
in this permit and is unable to furnish adequate proof of ability to redeem or otherwise reestablish title to
said improvements, this permit shall be subject to cancellation. But if the person to whom title to said
improvements shall have been transferred in either manner provided is qualified as a permittee and is
willing that his future occupancy of the premises shall be subject to such new conditions and stipulations
as existing or prospective circumstances may warrant, his continued occupancy of the premises may be
authorized by permit to him if, in the opinion of the issuing officer or his successor, issuance of a permit
is desirable and in the public interest.
14. In case of change of address, the permittee shall immediately notify the forest supervisor.
15. The temporary use and occupancy of the premises and improvements herein described may be sublet
by the permittee to third parties only with the prior written approval of the forest supervisor but the rer-
mittee shall continue to be responsible for compliance with all conditions of this permit by persons to
whom such premises may be sublet.
16. This permit may be terminated upon breach of any of the conditions herein or at the discretion of the
regional forester or the Chief, Forest Service.
17. In the event of any cor:P:lot between any of the preceding printedclauses oranv provisions thereof and
any of the following clauses or any provisions thereof, the following clauses will control
GPO 3:4-673
18. Unless sooner terminated or revoked by the Regional Forester, in accor-
dance with the provisions of the permit, this permit shall expire and
become void on December 31 , 1986, but a new permit to occupy and use the
same National Forest land may be granted provided the permittee will
comply with the then-existing laws and regulations governing the occupancy
and use of National Forest lands and shall have notified the Forest
Supervisor not less than six (6) months prior to said date that such new
permit is desired.
19. This permit issued free of charge under regulation 36 CFR 251 .2 (U-11 ) .
20. The permittee does by the acceptance of this document covenant and agree
for itself, its assigns, and its successors in interest to the property
herein granted or any part thereof, that the covenant set forth below
shall attach to and run with the land:
That the described property and its appurtenant areas and its building
and facilities whether or not on the land therein granted will be operated
as a borrow pit, in full compliance with Title VI of the Civil Rights
Act of 1964 and all requirements imposed by or pursuant to the regulations
issued thereunder by the Department of Agriculture and in effect on the
date of this document to the end that no person in the United States
shall , on the ground of race, color, or national origin, be excluded
from participation in, be denied the benefits of, or be subjected to
discrimination under any programs or activities provided thereon; and
That the United States shall have the right to judicial enforcement of
these covenants not only as to the permittee, its successors and assigns,
but also as to the lessees and licensees doing business or extending
services under contractual or other arrangements on the land herein
conveyed.
In the event of a breach of any of the conditions set forth above, all
right, title, and interest in and to the above described property shall ,
at the option of the Grantor, revert to and become the property of the
United States of America, which shall have an immediate right of entry
thereon, and the permittee, its successors or assigns, shall forfeit all
right, title, and interest in and to the above described property and in
any and all of the tenements, herditaments and appurtenances thereunto
belonging; provided, however, that the failure of the Grantor to insist
in any one or more instances upon complete performance of any of the
said conditions shall not be construed as a waiver or a relinquishment
of the future performance of any such conditions, but the obligations of
the permittee with respect to such future performance shall continue in
full force and effect.
21 . The permittee shall indemnify the United States against any liability
for damage to life or property arising from the occupancy or use of
National Forest lands under this permit.
22. The permitted area will be maintained to present a clean, neat, and
orderly appearance. Trash, debris, unusable machinery, improvements,
etc. , will be disposed of currently. Building materials, firewood,
etc. , will be neatly stacked.
23. Avalanches, rising waters, high winds, falling limbs or trees, and other
hazards are natural phenomenons in the forest that present risks which
the permittee assumes. The permittee has the responsibility of inspecting
his site, lot, right-of-way, and immediate adjoining area for dangerous
trees, hanging limbs, and other evidence of hazardous conditions and,
after securing permission from the Forest Service, of removing such
hazards.
24. The permittee shall pack out or otherwise remove from National Forest
land all unburnable refuse resulting from operations under this permit.
25. The permittee shall protect the scenic esthetic values of the area under
this permit, and the adjacent land, as far as possible with the authorized
use, during construction, operation and maintenance of the improvements.
26. The permittee shall be responsible for the prevention and control of
soil erosion and gullying on the area covered by this permit and lands
adjacent thereto, and shall provide preventive measures as required by
the District Ranger.
27. All earth cut or fill slopes favorable to revegetation or other areas on
which ground cover is destroyed in the course of construction, will be
revegetated to grasses or other suitable vegetation as required by the
Forest Supervisor.
28. Topsoil shall be stripped from the permitted area and be deposited in
storage piles apart from other excavated material . After the desired
amount of material has been removed, and the resulting pit has been
trimmed and smoothed as required, the stored topsoil shall be evenly
spread over exposed subsoil to the extent that may be practicable, and
shall be revegetated.
29. Seeding or planting will be done at a time of the year, in a manner, and
with species which the District Ranger considers offer the best chance
of success and will be repeated annually until such areas are accepted
in writing by the District Ranger as satisfactorily revegetated and
stabilized.
30. The permittee shall take reasonable precautions to prevent pollution of
or deterioration of lands or waters which may result from the exercise
of the privileges extended by this permit.
31 . The permittee agrees to take all reasonable precaution to avoid damage
to property and resources of the United States, and diligently to under-
take suppression action in the event of fire resulting from the exercise
of the privileges herein granted.
32. After removal of the desired material , the permittee shall evenly grade
and properly slope the bottom of the resulting borrow pit so that no
water will collect or stand in it. All rocks encountered in the excava-
tion shall , whenever possible, be hauled out and be used in construction.
The service road then shall be obliterated, and the ground shall be left
in as nearly its original condition as possible. To prevent erosion,
tracks or marks of heavy equipment or other disturbed earth shall be
smoothed or filled to the surrounding level .
33. A muffler or spark arrester satisfactory to the Forest Service shall be
maintained on the exhausts of all trucks and tractors or other internal
combustion engines used in connection with this permit.
34. The permittee shall do everything reasonably within its power and shall
require its employees, contractors, and employees of contractors to do
everything reasonably within their power, both independently and upon
request of the Forest Service to prevent and suppress fires on or near
the lands to be occupied under this permit.
35. Nothing in this permit shall be construed to imply permission to build
or maintain any structure not specifically named on the face of this
permit, or approved by the Forest Service in the form of a new permit or
permit amendment. Additional structures requiring specific approval
shall include, but are not limited to: signs, fences, nameplates,
mailboxes, newspaper boxes, boathouses, docks, pipelines, and television
antenna.
36. If, during excavation work, items of substantial archeological or paleon-
tological value are discovered, or a known deposite of such items is
disturbed, the permittee will cease excavation in the area so affected.
He will then notify the Forest Service and will not resume excavation
until written approval is given.
37. The permittee agrees to permit the free and unrestricted access to and
upon the premises at all times for all lawful and proper purposes not
inconsistent with the intent of the permit or with the reasonable exercise
and enjoyment by the permittee of the privileges thereof.
38. This permit is subject to the rights and privileges granted in mineral ,
oil , and gas leases covering this land which have been issued by an
authorized agency of the United States, and this permit does not authorize
the prevention or obstruction of the reasonable exercise of the rights
and privileges granted by said mineral , oil , or gas leases.
39. This permit shall not be exclusive. The Forest Service reserves the
right to use or permit others to use any part of the permitted area for
any purpose, provided such use does not interfere with the rights and
privileges hereby authorized.
40.
The acquisition or assumption by another party under an agreement with
the permittee of any right or obligation of the permittee under this
permit shall be ineffective as to the Forest Service unless and until
the Forest Service shall have been notified of such agreement and shall
have recognized and approved it in writing signed by the Forest officer
who approved this permit, or by his successor or superior officer; and
in no case shall such recognition or approval :
a. Operate to relieve the permittee of the responsibilities or liabi-
lities he has assumed hereunder; or
b. Be given unless such other party
(1 ) Is acceptable to the Forest Service as a permittee, and assumes
in writing all of the obligations to the Forest Service under
the terms of this permit as to the incomplete portion thereof,
or
(2) Acquires the rights in trust as security and subject to
such conditions as may be necessary for the protection of the
public interests.
41 . The gravel will be utilized by the County of Weld for construction and
maintenance of public roads in northeastern Weld County.
Subject to the following conditions:
1 . The top one foot (1 ' ) of overburden will be stripped from those
portions of the pit area where gravel is to be produced, stock
piled, then at the completion of mining operations on any 4 acre
segment will be spread uniformly over the prepared bottom and
backslopes of the pit. Any rock not utilized by crushing will be
buried a minimum of two (2' ) feet prior to shaping and replacement
of the overburden.
2. Provisions will be made for the protection of livestock at all
times.
3. Excavation is to be done in such a manner that the pit area smoothly
blends in with the adjoining land forms.
4. All backslopes are to be left no steeper than 3:1 .
5. All areas where vegetation was removed or disturbed will be seeded
as provided for in Clause 29.
6. The areas to be seeded will be fenced with a standard 3-wire fence
until seeding is well established. (Plans attached) . At such time
that the District Ranger determines that the seeding is sufficiently
established the fence will be removed and the material relocated or
retained by the County.
This permit supersedes a special-use permit designated:
Weld County, Mineral Material Sales, 10/7/63.
-0 -0 J ++
coo 0.
N .V Y
r 0 i6 N
O N CI •
i i i >
• y N
CI- aa am
V- - a
tp tO0 Y •
A ICS
X X XI - co
N - -
/it N I ea
n .- a
co __I N N U)
- i a Q Y Y N N i
J I-4 N N Y Y.r
\\ Q) C O O N N 3 S..
/ U W a a 0 O S..
r- I—< a a v•r
d E C M1) C C 0 3
-
�� C 5- • •r b
� � O
a CO -4 _4 0] ['3
CO
N ' V /
4, ,--
3 O o P N
\ O d
C
y
o
o to •
2 N
U
-O•r
0
C U•r
te / C U
-� a e)
sass n
CU
L N N
CO \ Y/ 00 W m CO O •r
u i r. - —•I a L
O
Z 3 N v
w c/ _c
LL S.
3 J O
o O
o_ U
CO
O d
=
C Ill f' /
irt
V) e) o O
Z \ g0
s " I k
\ 00 I
I
v o\
r li\
w J rt
CI
r
-s.A , 't� O'c d 4-
\ -` Q a •
Zf
ko y i 0_
ty
3 0 mO, xo -6
A--o
e / \ t) _ Z. V3
co
2 /4- / d
�\
'I
II
J \/
N •
UNITED STATES DEPARTMENT OF AGRICULTURE
FOREST SERVICE
2009-9th Street
Greeley, CO 80631 IN REPLY REFER TO
2720
Weld County
Borrow Area
August 30, 1977
Board of County Commissioners
P. 0. Box 758
Greeley, CO 80631
Gentlemen:
Enclosed is your approved copy of a Special Use Permit
covering a borrow area located on the Pawnee National
Grassland. We thank you for your cooperation.
Sincerely yours, l/ /L
STEWARD J. ADAMS
District Ranger
Enclosure (1)
WPTER,
C 09
3 U4S
0 0
F.RFCPE
RECEIVES;
UNITED STATES DEPARTMENT OF AGRICULTURE
FOREST SERVICE JUL 2 5 lido:
Arapaho and Roosevelt National Forest
Pawnee National Grasslands PAV%NEE
2009 9th Street NATIONAL GP V.I' n
Greeley, CO 80631 2/eu
Weld County
Borrow Area
yv{1M Opp
r
Board of County Commissioners
Weld County Courthouse
P.O. Box 758
Greeley, CO 80631
Gentlemen:
Enclosed you will find the original and two (2) copies of a special
use permit authorizing production of a mineral material sales area
on the Pawnee District, Roosevelt National Forest. Please read
the permit carefully, and if acceptable sign and date all copies
and return them to this office. Your approved copy will be re-
turned following signature by the Forest Supervisor.
Sincerely,
�/ m r- J=4`
r r
N
STEWARD ADAMS n
District Ranger c
r w �^
#
Enclosures - IT
6200-HA(1-69)
Hello