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Home My WebLink About20083239.tiff • • • DEPARTMENT OF PLANNING SERVICES 918 Tenth St Greeley CO 80631 Phone (970)353-6100 x3540 Fax (970) 304-6498 USE BY SPECIAL REVIEW(MINING OPERATION)APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT # /AMOUNT # /$ CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: To be completed by APPLICANT is accordance with procedural guide requirements: 1. I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed Fiscus North pit (gravel, coal, borrow pit, etc.) mining operation for the following described unincorporated area of Weld County: Legal Description See attached , Section?, Township 10 North, Range 57 West Flood Plain: None Zone District:Agricultural , Total Acreage: 62922 , Overlay District: None Geological Hazard: None , Airport Overlay District: None 2. Surface owner(s) of area of land described Name: Jack&Shirley Fiscus Address: 9284 CR 2.5 Phone: Name: Address: Merino,CO Phone: • 3. Owner(s) of mineral rights or substance to be mined Name: Jack&Shirley Fiscus Address: 9284 CR 2.5 Phone: Name: Address: Merino,CO Phone: 4. Applicant's name: David Bauer,Weld County Public Works Email Address dbauer@co.weld.co.us Address: P.O.Box 758,Greeley,CO Phone:970-304-6498 5. Identify any prior permits for mining held by applicant or affiliated person: Fiscus pit(prior USR),Geisert pit,Ashbaugh pit,Peters pit,Lehr pit,Bearson pit,Hokestra pit,others I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating that the sig to has the legal aulpority to sign for the corpo lion. C7/D Signature: Owner or Authorized Agent a Signature: Owner or Authorized Agent Date • 15 EXHIBIT 2008-3239 2 EXHIBIT N • Source of Legal Right to Enter By Owner of Affected Land and Substance to be Mined: Jack and Shirley Fiscus 9284 County Road 2-1/2 Merino, Colorado 80741 Mr. Carl B. Mount Senior Environmental Protection Specialist/Range Ecologist Department of Natural Resources Division of Reclamation,Mining and Safety 1313 Sherman Street Room 215 Denver, CO 80203 Re: Fiscus North Pit—Weld County Public Works, Construction Material Regular(112)Operation Reclamation Permit Application • Mr. Mount: Please accept this letter as evidence that the applicant,Weld County Department of Public Works, subject to the terms of our contract,has permission to enter and initiate a mining operation on the affected lands. By signing this letter, we warrant that we have the legal and sole ownership of the affected lands and substance to be mined, and authority to offer this permission. Thank you, Jack Fi Shirley Fiscus • FISCUS NORTH USR QUESTIONNAIRE • 1. Description of Mining Operation a) The Fiscus North property is proposed to be utilized for the excavation, crushing, processing, preparation, stockpiling, loading and hauling of road base materials to be used by Weld County Public Works for the County's road construction and maintenance activities in the area. No permanent structures will be erected at the Fiscus North site. During mining operations, primary equipment at the site will include one Hitachi 450 excavator, two Cat 30-ton haul trucks, one Cat D-7 bulldozer, and pickup trucks. During crushing operations a Cedar Rapids crusher, one conveyor, one Volvo 220 loader, a Cat D-7 bulldozer, pickup trucks will also be at the site. During hauling operations tandem and semi- dump trucks (12, 15, and 24 ton capacity) will be used to haul processed material off site. b) Depending on the phase of operation (mining, crushing, hauling),personnel anticipated to be on-site will be between 3 to 20 workers — all County employees or contractors. All work will be day shift. c) The Fiscus North mining site lies above the water table, this will be a dry pit. d) The mining and processing area will be accessed from a private gravel road/driveway internal to the Fiscus Ranch property. That gravel road/driveway accesses off the south side of WCR 120. WCR 120 runs east-west along the north property line of the Fiscus parcels. The internal road/driveway also accesses the reclaimed Fiscus gravel pit located 1 mile south of the proposed Fiscus North site. e) The area to be mined covers approximately 10 acres, stockpiling and processing areas comprise an additional 8.4 acres. The access road into the mining and processing area will disturb approximately an additional half acre. The total disturbed area (mined and • processing) is not anticipated to exceed 20 acres out of the . f) Upon receipt of County and Division of Mining Reclamation and Safety approvals, excavation at the site would begin. It is anticipated that economically recoverable sand and gravel resources would be fully exploited within three years. Stockpiling of un- utilized sand and gravel may extend use of the site for material storage for an additional three years. It is anticipated that excavation, processing, and stockpiling would occur primarily in winter months; trucking from the stockpiles would primarily occur dunng construction season (late Spring to mid-Fall). g) The useable sand and gravel deposits at the Fiscus North site occur at the surface of a low ridge. No overburden, other than thin topsoil, is anticipated. Any soil materials unsuitable for the County's road construction or maintenance will be stockpiled on-site for use in reclamation of the disturbed areas of the site following mining. h) The site is currently utilized as un-irrigated pasture and is surrounded by pasture land. Concurrent reclamation consisting of re-grading and placement of soil materials unsuitable for the County's road construction or maintenance will be followed by re- seeding with drought tolerant grasses selected by the Weld County Public Works weed control specialist. Upon completion of sand and gravel mining and stockpiling activities, the Fiscus North site will be reclaimed and returned to pasture. i) See above discussion in items f and h. 2. This operation is consistent with the Weld County Comprehensive Plan as the plan allows for the extraction of sand and gravel in the Agricultural zone and promotes reasonable development. 3. The proposed site is located within the Agricultural District. This zoning designation allows for • the extraction of sand and gravel as a Use by Special Review within that district. M:\DaveB\Fiscus Permits\USR-Questionnaire.doc 8/22/2008 4. The Fiscus North site is currently utilized as un-irrigated pasture and is surrounded by pasture land. Upon completion of sand and gravel mining and stockpiling activities,the Fiscus North site • will be re-graded, seeded, and returned to pasture for livestock grazing. No net loss of agricultural lands will result. 5. The mining activities at the Fiscus North site are to be located entirely on private property currently utilized as pasture for cattle. Excavation is not anticipated to create open holes but rather consist of removal of a portion of a ridge top. New Raymer Fire District provides fire protection to the area. County vehicles to be operated at the site are equipped with fire extinguishers. Any fuel tanks utilized at the site will be bermed. All fire safety precautions will be taken. There are no surface water or ground water facilities within the area proposed for gravel mining, processing, or stockpiling. There are no irrigation wells within the proposed Fiscus North site. A domestic water supply well is located at the Fiscus homestead house approximately 1/2 mile south of the proposed Fiscus North site. County vehicles for workers at the site will have drinking water dispensers. Water for dust control will be trucked into the site by Weld County Public Works from wells or storage ponds having the rights to provide water for that use. 6. The Fiscus North site is currently utilized as un-irrigated pasture and is surrounded by pasture land. The nearest residence is approximately 3850 feet (0.73 miles) to the south on property owned by the Fiscus family. Due to the lack of irrigation, the Fiscus North site is sparsely vegetated. Following successful reclamation, the site will return to the original use as pasture. Weld County previously granted a USR for the Fiscus pit, now reclaimed, located approximately 2000 feet to the south of the proposed Fiscus North pit on an adjacent parcel. 7. The proposed Fiscus North site is currently zoned Agricultural. The Fiscus North site is currently • utilized as un-irrigated pasture and is surrounded by pasture land. 8. a) A maximum of 20 employees will be at the site during operations. More typically there will be 3 to 5 workers. b) Summer Hours are anticipated to be 6:00 am to 4:30 pm, Monday through Thursday, Winter Hours are anticipated to be 7:00 am to 3:30 pm, Monday through Friday. c) No animals will be involved in the sand and gravel operations. d) During mining operations, equipment at the site will include one Hitachi 450 excavator, two Cat 30-ton haul trucks, one Cat D-7 bulldozer, and pickup trucks. During crushing operations, a Cedar Rapids crusher, one conveyor, one Volvo 220 loader, a Cat D-7 bulldozer, pickup trucks will be at the site. During hauling operations tandem and semi- dump trucks (12, 15, and 24 ton capacity) will be used to haul processed material off site. e) New Raymer Fire District provides fire protection to the area. Each County vehicle also has a fire extinguisher. f) There are no surface water or ground water facilities within the area proposed for gravel mining, processing, and stockpiling. There are no irrigation wells within the proposed Fiscus North site. A domestic water supply well is located at the Fiscus homestead house approximately 1/2 mile south of the proposed Fiscus North site. County vehicles for workers at the site will have drinking water dispensers. Water for dust control will come from wells or storage ponds having the rights to provide water for that use. g) There are no permanent sanitary facilities within the area proposed for gravel mining, processing, and stockpiling at the Fiscus North site. County-supplied Porta-Pottys will serve as temporary facilities at the site,these will be serviced weekly. h) No storage or warehousing is proposed. Topsoil, overburden soils, and sand and gravel • will be stockpiled at the site. Please see the Mining Plan exhibit for location of soil and sand and gravel stockpiles. Waste materials are anticipated to be minimal; trash will be collected in a dumpster. M:\DaveB\Fiscus Permits\USA-Questionnaire.doc 8/22/2008 j) No landscaping is planned. The site is currently un-irrigated pastureland with no trees. The lack of water for irrigation precludes vegetated landscape site screening. The site is • pastureland and will be reclaimed as such. The reclamation seeding recommendations of Weld County's weed control specialist, the NRCS, and the landowner will be followed. k) Weld County has a 10-year lease with the Fiscus family; reclamation will be concurrent with mining operations. Excavation and initial stockpiling will begin upon receipt of Weld County USR approval and receipt of permits from the Colorado Division of Reclamation, Mining, and Safety, and the Colorado Department of Public Health and Environment. Weld County has applied for a storm discharge permit from the Colorado Department of Health and Environment WQCD. Per the site SWMP, during active excavation and material processing, soil and processed materials stockpiles will be protected from erosive releases by silt fencing, bales and berms. 1) Reclamation will be concurrent with mining operations. As phases are completed,topsoil will be applied and area will be seeded. Upon completion of sand and gravel mining and stockpiling activities, the Fiscus North site will be reclaimed and returned to pasture for livestock grazing. m) A Storm Water Management Plan (SWMP) and drainage plan have been prepared for this site. The attached drawing shows the location and types of stormwater Best Management Practices to be installed at the site during road base material excavation, crushing, processing, stockpiling, loading and hauling, and reclamation activities. n) There will be no storage of waste material on site. Debris,junk, and other wastes are not anticipated to be encountered or generated at the site. Miscellaneous trash (lunch bags, pop cans)will be collected in a dumpster and disposed of in the landfill. o) The Fiscus North sand and gravel pit is needed to supply County road maintenance and repair operations in the vicinity. The Fiscus pit, located '/z mile to the south of the North site, has been depleted of suitable road construction materials. Materials from this site • are needed to minimize County costs for sand and gravel road construction materials p) The Fiscus North site does not lie in a FEMA-designated floodplain. The Fiscus North site does not lie in a Weld County Airport overlay district. The Fiscus North site does not lie in a geologic hazard area. • M:\DaveB\Fiscus Permits\USR-Questionnaire.doc 8/22/2008 • FISCUS NORTH USR APPLICATION SUPPLEMENT 1. Parcel Numbers Parcels to be mined include: 028307000002, comprising 80.77 acres total area, less than 12 acres to be disturbed 028307000013, comprising 202.29 acres total area, less than 8 acres to be disturbed Parcels to be utilized for haul road/access: 028307000012, comprising 346.15 acres total, with no mining,but surface activity for a haul road transversing this parcel 2. Surrounding ownership within 500 feet of the proposed Fiscus North pit: Parcel #028305000014,located to the north of the Fiscus North Site is owned by: • Timbro Ranch and Cattle Company, LLC P.O. Box 1826 Sterling, CO 80751 Parcels # 028307000012 and 028307000013, located to the south of the Fiscus North Site, and Parcel #028308000005, located to the east of the Fiscus North Site are owned by: Jack and Shirley Fiscus 9284 Cr 2.5 Merino, CO 80741 • M:\DaveB\Fiscus Permits\USR-Application Supplement.doc 8/22/2008 • • • c� MAY 8 RESOLUTION • WELD COUNTY PURI..IC WORKS DU RE: APPROVE AGREEMENT FOR USE OF SOIL AND/OR G VEL_-FOR-ROAD PURPOSES AND AUTHORIZE CHAIR TO SIGN -JACK AND SHIRLEY FISCUS 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 the Use of Soil and/or Gravel for Road Purposes between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,on behalf of the Department of Public Works, and Jack and Shirley Fiscus,9284 County Road 2.5,Merino,Colorado,80741,with terms and conditions being as stated in said agreement, 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 the Use of Soil and/or Gravel for Road Purposes between the County of Weld,State of Colorado,by and through the Board of County Commissioners of Weld County,on behalf of the Department of Public Works, and Jack and Shirley Fiscus be,and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be,and hereby is,authorized to • sign said agreement. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 10th day of April, A.D., 2006. BOARD OF COUNTY COMMISSIONERS WELD C , COLORADO ATTEST: ionsia4 M. ile, Chair Weld County Clerk to the Bor, J$ I, 'Q Davi . Long, Pro-Tem Deputy Clerk to 1- t��:,,,, '1/49� 'Y .fit. WI ' m H. Jerke AP s . S AS TO F t, 4/2 /\ Robett D. Masde !'ounty Attorney .i,u Glenn Vaad Date of signature: OVA o /Pt. • 2006-1029 nG Pty A-PPL EG0054 • AGREEMENT FOR USE OF SOIL AND/OR Zj GRAVEL FOR ROAD PURPOSES THIS AGREEMENT, made and entered into this ,il)- day of iliku.? , 2006, by and between Weld County, Colorado, by and through the Board of County Commissioners of the County of Weld, Colorado, hereinafter referred to as "COUNTY," and Jack and Shirley Fiscus, whose address is 9284 CR 2.5, Merino Colorado, 80741 referred to as "OWNER." WITNESSETH: WHEREAS, COUNTY is in need of soil and/or gravel for the construction of County roads,and WHEREAS, OWNER owns certain land on which there is soil and/or gravel suitable for use in construction of County roads and which OWNER desires to have removed therefrom, and WHEREAS,both parties believe that mining will not expose any groundwater to evaporation, and WHEREAS, the parties hereto now desire to enter into this Agreement to meet their individual and mutual needs. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: • 1. GRANT OF RIGHT OF ACCESS TO OWNER'S PROPERTY FOR THE EXTRACTION OF SOIL AND\OR GRAVEL THEREFROM: OWNER hereby grants to COUNTY the right to enter and have access onto the following described property situated in Weld County, Colorado, for the purpose of extracting soil and/or gravel therefrom for use on County's roads generally located in part of Section 7, Township 10 North, Range 57 West of the 6th P.M. , Weld County, Colorado, knows as the J &S Fiscus Pit (hereinafter referred to generally as the "Property"). In the course of said extraction, COUNTY agrees to use its best efforts to keep the banks of the soil and/or gravel extraction pit sloped to prevent OWNER'S cattle from falling over the banks. Additionally, COUNTY agrees to use its best efforts to reduce the disturbance of any more pasture land than is necessary in order to accomplish the extraction contemplated by this Agreement. The term "extraction" as used in this Agreement shall include the removal of soil and/or gravel from the Property. 2. ROYALTY FOR SOIL AND\OR GRAVEL EXTRACTED: COUNTY agrees to pay OWNER a royalty of$.75 (seventy-five cents) severance per ton for all soil and/or gravel extracted and removed from the Property by the COUNTY during the term of this Agreement. Such royalty is to be paid by the end of the month in which the material is removed. 3. ACCESS: OWNER agrees to provide land for a haul road and direct access to the work area. COUNTY agrees to construct and maintain said haul road in good condition and to restore said haul road at the termination of this Agreement if requested by OWNER. 4. OWNER'S RIGHT TO USE STOCKPILED SOIL AND/OR GRAVEL: OWNER may take up to 100 cubic yards per calendar year, commencing October 1, 2006,of any soil and/or gravel stockpiled by the • COUNTY on the Property for use on his driveways or yards. OWNER agrees that prior to taking said 11111111111111111111111111111III IIIIIII III 1111111111111 - 1 3384224 05/02/2006 03:56P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder aco -ioa 9 • soil and/or gravel he shall consult with COUNTY to determine from which stockpile the soil and/or • gravel may be taken. 5. BOOKS AND RECORDS: COUNTY agrees to keep accurate records of all soil and/or gravel removed from said described lands and shall, at all reasonable times, make said records available to OWNER for his inspection. 6. PERMITS: COUNTY shall be responsible for obtaining all necessary State, County, and Federal permits, which shall not include permits for asphalt or concrete batch plants. COUNTY shall pay the total cost of any necessary surveying for the mining operation. COUNTY shall consult with OWNER during the permitting process and exercise reasonable diligence in obtaining all necessary permits in a timely fashion. The operation by COUNTY shall be conducted in compliance with those permits as may be determined by the agency legally responsible for enforcing those permits. OWNER agrees to cooperate with COUNTY and to execute any necessary documents to assist COUNTY in obtaining the necessary permits and not to interfere with any work required as a result of said permits. COUNTY will be responsible for any of the construction improvements and ongoing operations necessary to comply with an approved permit. 6. NOTICES: Any notice of termination or other demands by OWNER or COUNTY shall be made in writing and forwarded by certified mail to the following address: OWNER: COUNTY: Jack and Shirley Fiscus Weld County Public Works 9284 CR 2.5 P.O. Box 758 • Morino, Colorado 80741 Greeley, Colorado 80632 (970)356-4000, extension 3750 7. TERM: The term of this Agreement shall be from the date of execution to and until ten years later. It shall renew automatically for additional one year periods thereafter, unless terminated in writing by either party given at least thirty(30)days prior to the stated date of termination. 8. NON-ASSIGNMENT: This Agreement shall not be assignable without prior written consent of COUNTY or OWNER, whichever is the non-assigning party. 9. MODIFICATIONS AND BREACH: This Agreement contains the entire agreement and understanding between the parties to this Agreement and supersedes any other agreements conct.nring the subject matter of this transaction,whether oral or written. No modifications, amendment, novation, renewal, or other alteration of or to this Agreement shall be deemed valid or any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing or signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether expressed or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach. 10. SEVERABILITY: If any terms or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such a provision to the extent this Agreement is then capable of execution within the original intent of the parties hereto. et111113384211111111111111111111111111111I11111IIIIIIIIIIIIII 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 11. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and agreed that • enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in this Agreement shall give or allow any claim or right of actions whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this lottday of April ,20 06 OWNERS: JACK FISCUS SHIRLEY FISCUS By: _ (./flitQ ,//� 2!k`dC/r'�d^/ �•I s'es. By: i lt'fes �� °a „OA 1161 oe:' ��ATTEST: �Dl'j .�/' c ••$$$ a �yl 'I F WELD COUNTY COMMISSIONERS • '6,r Weld COUNTY Clerk to the Board �4 I By: [ 'ü4ti V�Cit L(.t: v By:puty Clerk to the Bsfird M. . 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',nit"' A. ry'� ✓�d�• • t .....;,...w..-c.,•:,... y ''6fr•Ick y-- ^.c �� p.,r.4 T 9tv, fCA' S° ,Y 1ff'.rs? _ LfY �2YM1^ 4 • .1 { r+,W ➢1s y ir5�lr!"I'iM YE y+a .�� .. • 15�4. uv .5 i rS fan P" ` L ls' AK° spR Lr Six 1''.L•.oi M. %ts° 7"S. � u t5•`�r • :::1...:7:::?:. , .� '�r�, x3� as-vim 4. ,�• �� rva.��`��. - .rN ��. jfllll 111011111111111111111111111101111111111111 X111 4 0! 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • STATE Off COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources e13 Sherman St., Room 215 COLORADO over,Colorado 80203 DIVISION OF Phone: (303)866-3567 RECLAMATION FAX:(303)832-8106 -- -- ; MINING &_ SAFETY ! ; l -� Bill Ritter,Jr, May 9,2008 MAY 1 42008 Governor • Harris D.Sherman Mr.David Bauer _ , Executive Director Weld County Dept. of Public Works Ronald W.Canny P.O.Box 758 Division Director Natural Resource Trustee Greeley,CO 80632 Re: File No. M-2007-038, Fiscus North, 112c Decision Letter - Performance Warranty Request - for Construction Material Operations that does not Require a Financial Warranty Dear Mr.Bauer: On May 8,2008,the Division of Reclamation,Mining and Safety approved your 112c permit application. No financial warranty was set by the Division for this operation. However,you must submit a performance warranty in order for us to issue a permit. We have enclosed a performance warranty form with this letter for your use. Please have the performance warranty signed by an appropriate official,notarized,and return it to us. • PLEASE NOTE THAT MINING OPERATIONS MAY NOT COMMENCE UNTIL A PERMIT HAS BEEN ISSUED BY THE DIVISION AFTER RECEIPT OF YOUR PERFORMANCE WARRANTY. A PERMIT CANNOT BE ISSUED UNTIL WE HAVE VERIFIED THE ADEQUACY OF YOUR PERFORMANCE WARRANTY. If you have any questions,please contact me at 303-866-4063. iL Allen C. Sorenson / Environmental Protection Specialist Enclosed:Performance Warranty Form cc: Carl Mount,DRMS Elizabeth Taliaferro, DRMS • Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines STATE C COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 013 Sherman St., Room 215 nver,Colorado 80203 C O L O R A D O Phone:(303)866-3567 D I V I S I O N o r RECLAMATION FAX:(303)832-8106 MINING -&- SAFETY PERFORMANCE WARRANTY Bill Ritter,Ir. Governor Harris D.Sherman Executive Director Ronald W.Cattany Division Director Natural Resource Trustee Operator: Weld County Dept. of Public Works Operation: Fiscus North Permit No: M-2007-038 This form has been approved by the Mined Land Reclamation Board pursuant to sections 34-32-117, C.R.S., of the Mined Land Reclamation Act and 34-32.5-117, C.R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form, without approval by the Board shall result in the financial warranty being invalid and result in the voiding of any permit issued in conjunction with such invalid financial warranty and subject the operator to cease and desist orders and civil �enalties for operating without a permit pursuant to sections 34-32-123, C.R.S., of the Mined Land Reclamation Act and 34-32.5-123, C.R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et seq. (the "Act"), as amended, and the Colorado Land Reclamation Act for the Extraction of Construction Materials, C.R.S. 34-32.5-101 et seq. (the"Act"),as amended,provides that no permit maybe issued under the Act until the Mined Land Reclamation Board(the"Board")receives a performance warranty(or warranties)that is a written promise to comply with all applicable requirements of the Act. WHEREAS, Weld County Dept. of Public Works(the "Operator"),has applied for a permit to conduct a mining operation known as Fiscus North(the "Operation") on certain lands in Weld County, Colorado. These lands are described in the permit application, as amended and supplemented, and are referred to herein as the "Affected Lands". WHEREAS,in its application for the permit,the Operator has agreed to be bound by all requirements of the Act and all applicable rules and regulations of the Board, as amended from time to time. WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs of reclamation with regard to those affected lands in Weld County which are now or may become subject to the .permit are those amounts for the stated periods of time as set forth in the financial warranty, which may be amended from time to time to reflect revised estimates of said costs of reclamation. Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines • • - 2 - • WHEREAS, the Operator hereby gives the Board a performance warranty pursuant to Section 34-32-117(2) or Section 34-32.5-117(2) of the Act, and herein promises the Board that it will comply with all applicable requirements of the Act with regard to those Affected Lands. NOW, THEREFORE, the Operator hereby promises the Board that it will comply with all applicable requirements of the Act and rules and regulations of the Board with respect to the Affected Lands. FURTHER, the Operator hereby promises the Board that it will comply with all of the terms of the application for a permit, as amended and supplemented, as well as any conditions attached to the permit by the Board. FURTHER,the Operator promises the Board,pursuant to 34-32-112(2)(d)or 34-32.5-112(1)(c)(iv)of the Act,that it has the lawful authority to enter upon the Affected Lands to conduct mining operations,including,but not limited to, reclamation. The Operator further recognizes the right of the Board to enter to reclaim lands affected by the operation. The description of lands herein is for convenience of reference only,and no error in such description,nor any revision of the permitted mining area,nor the disturbance by the Warrantor of lands outside of the permitted mining area shall alter or diminish the Operator's obligation hereunder,which shall extend to the reclamation of all such lands disturbed. • The obligation of the Operator hereunder is such that, if the Operator shall successfully comply with the requirements of the Act,applicable rules and regulations,and the permit,then the Board,upon a finding that the Operator has so complied, shall release this performance warranty, and the Operator from its obligation hereunder,to the extent that the Board determines that such compliance has been accomplished. The obligation of the Operator hereunder shall continue until released in whole or in part by the Board in accordance with applicable law. In further satisfaction of the requirements of the Act,the Operator promises to be responsible for the cost of reclamation up to the amount established by the Board and has attached hereto its financial warranty, which may be amended from time to time. The Operator agrees that it will maintain a financial warranty(or warranties) for the estimated costs of reclamation in good standing for the entire life of the permit. Please note that under the provisions of the Colorado Mined Land Reclamation Act and the Colorado Land Reclamation Act for the Extraction of Construction Materials, any Applicant or Operator that submits proof, acceptable to the Board or Division of Reclamation, Mining and Safety, that an Applicant or Operator is a unit of County or Municipal government, or is a department or division of State government, the Applicant or Operator is not required to submit or post any other instrument of financial responsibility but hereby promises to be responsible for the cost of reclamation up to the amount specified by the Board. If the Board determines that the Operator is in default under this performance warranty and has failed to cure such default, although written notice of such default and ample time to cure such default have been given, the Operator's financial warranty shall be subject to forfeiture. • This performance warranty may be executed in multiple copies, each of which shall be treated as an original, but together they constitute only one agreement, the validity and interpretation of which shall be governed by the laws of the State of Colorado. • - 3 - • The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors -and assigns. SIGNED, SEALED AND DATED this day of Weld County Dept. of Public Works(SEAL) Operator By: Title: NOTARIZATION OF OPERATOR'S ACKNOWLEDGEMENT STATE OF ss. COUNTY OF The foregoing instrument was acknowledged before me this day of by as of NOTARY PUBLIC My Commission expires: APPROVED: State of Colorado Mined Land Reclamation Board Division of Reclamation, Mining and Safety By: Date: Division Director M:'rain\sharebondformsTerformance Warranty.doc(05/26/2004) • • • A TRACT OF LAND LOCATED IN THE NORTH HALF OF SECTION 7, TOWNSHIP 10 NORTH, RANGE • 57 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 7; THENCE N88°25'12"E, ALONG THE NORTH LINE OF SAID SECTION 7, 2144.74 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE SAME COURSE, N88°25'12"E, 2710.74 FEET, THENCE S00°14'46"W, 1638.22 FEET; THENCE S25°21'58"W, 676.99 FEET; THENCE N89°22'22"W, 965.33 FEET; THENCE S44°42'52"W, 434.47 FEET; THENCE N41°43'14"W, 447.19 FEET; THENCE N21°31'48"W, 2300.06 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 115.7363 ACRES MORE OR LESS. THE ABOVE PARCEL DESCRIPTION WAS PREPARED BY TODD A. MECK UNDER THE SUPERVISION OF STEVEN A. DYNES, PLS#24949 • • a PUBLIC WORKS DEPARTMENT 1111 H STREET, P.O. BOX 758 GREELEY, COLORADO 80632 WI I D WEBSITE: www.co.weld.co.us C. PHONE (970) 356-4000, EXT. 3750 FAX: (970) 304-6497 COLORADO Weld County Planning Department Chris Gathman GREELEY OFFICE Weld County Planning Department SEP i a ?ft' 918 10°i Street Greeley, CO 80631 RECEIVED September 15, 2008 Enclosed please find the completed Use By Special Review Documents for the proposed Fiscus North Gravel pit to be operated by Weld County Public Works. The proposed Fiscus North Gravel Pit is located on WCR 120 approximately%2 mile east of WCR 135. This location is approximately 17 miles north of New Raymer in northeastern Weld County. Site is located in Section 7, Township 10 North, Range 57 West of the 6th PM, Weld County, Colorado. This operation is consistent with the Weld County Comprehensive Plan as the plan allows for the extraction of sand and gravel and promotes reasonable development. The proposed site is located within the Agricultural District. • Weld County will access this additional gravel resource site to obtain materials for County use on the surrounding quadrant of the County for road maintenance and repairs to eliminate the expense of longer hauling distances. This approach results in intermittent use of the pit. The mining plan is to haul material for use on nearby County road system as the need arises. Normally,most of the material excavated and crushed will be removed from the site. Some stockpiled material will remain for future use. Operating equipment will consist of portable crusher, front end loader, dozer, excavator or scraper, and haul trucks. The mining and stockpile site will be accessed from the Fiscus property private driveway which has an existing access to WCR 122. The site is surrounded by pasture land. Upon completion,the site will be reclaimed and returned to pasture. Depending on phase of operation, 3 to 20 people may be working at the site. Summer Hours are expected to be 6:00 am to 4:30 pm,Monday through Friday. Typically,mining,crushing,and hauling activities will occur over a three month period followed by nine moths of no site activity. Reclamation will be concurrent with mining operations. As phases are completed, topsoil will be applied and area will be seeded per NRCS recommendations. There will be no storage of waste material on site. If you have any questions,please contact me. Sinprely, • David Bauer Enclosures pc: Fiscus North Gravel Pit file • • Page 1 of 1 Kim Ogle • From: Chris Gathman Sent: Monday, September 15, 2008 4:11 PM To: Kim Ogle Subject: FW: Fee for Fiscus North application Chris Gathman,AICP, Planner❑ Weld County Department of Planning Services 918 10th Street,Greeley,Colorado 80631 ph(970)353-6100 ext. 3540 fax(970)304-6498 From: David Bauer Sent: Monday, September 15, 2008 3:38 PM To: Chris Gathman Cc: Kim Ogle Subject: Fee for Fiscus North application Chris, I forgot to mention, the filing fee for the Fiscus North gravel pit USR application has already been paid by interdepartmental transfer.IIIDavid Bauer, P.E. Weld County Public Works 1111 H Street Greeley, CO 80632-0758 (970) 304-6496 • 09/15/2008 IVCEDVE MAY 8 - • RESOLUTION WELD COUNTY PUBLIC WORKS DEI RE: APPROVE AGREEMENT FOR USE OF SOIL AND/OR GRAVEL -FOR-ROAD PURPOSES AND AUTHORIZE CHAIR TO SIGN -JACK AND SHIRLEY FISCUS 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 the Use of Soil and/or Gravel for Road Purposes between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,on behalf of the Department of Public Works, and Jack and Shirley Fiscus,9284 County Road 2.5,Merino,Colorado,80741,with terms and conditions being as stated in said agreement, 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 the Use of Soil and/or Gravel for Road Purposes between the County of Weld,State of Colorado,by and through the Board of County Commissioners of Weld County,on behalf of the Department of Public Works, and Jack and Shirley Fiscus be,and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be,and hereby is,authorized to • sign said agreement. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 10th day of April, A.D., 2006. BOARD OF COUNTY COMMISSIONERS WELD cr, COLORADO 0 .ice ATTEST: L1 M. . ile, Chair Weld County Clerk to the B.r, E al4ts\ Daw . Long, Pro-Tem B Deputy Clerk to f't -l( iks'� %rah # WilUam H. Jerke AP'-i . I AS TO F �fj lr � \Lp' ' �� s� Robett D. Masde y'ounty Attorney 1..w.A Glenn Vaad Date of signature: 0`F/i n 46. • 2006-1029 EG0054 ('C '• P! Amoz_ • AGREEMENT FOR USE OF SOIL AND/OR Zj GRAVEL FOR ROAD PURPOSES THIS AGREEMENT, made and entered into this /O day of Af..h/i , 2006, by and between Weld County, Colorado, by and through the Board of County Commissioners of the County of Weld, Colorado, hereinafter referred to as "COUNTY," and Jack and Shirley Fiscus, whose address is 9284 CR 2.5, Merino Colorado, 80741 referred to as "OWNER." WITNESSETH: WHEREAS, COUNTY is in need of soil and/or gravel for the construction of County roads,and WHEREAS, OWNER owns certain land on which there is soil and/or gravel suitable for use in construction of County roads and which OWNER desires to have removed therefrom, and WHEREAS,both parties believe that mining will not expose any groundwater to evaporation, and WHEREAS, the parties hereto now desire to enter into this Agreement to meet their individual and mutual needs. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: • 1. GRANT OF RIGHT OF ACCESS TO OWNER'S PROPERTY FOR THE EXTRACTION OF SOIL AND\OR GRAVEL THEREFROM: OWNER hereby grants to COUNTY the right to enter and have access onto the following described property situated in Weld County, Colorado, for the purpose of extracting soil and/or gravel therefrom for use on County's roads generally located in part of Section 7, Township 10 North, Range 57 West of the 6th P.M. , Weld County, Colorado, knows as the J & S Fiscus Pit (hereinafter referred to generally as the "Property"). In the course of said extraction, COUNTY agrees to use its best efforts to keep the banks of the soil and/or gravel extraction pit sloped to prevent OWNER'S cattle from falling over the banks. Additionally, COUNTY agrees to use its best efforts to reduce the disturbance of any more pasture land than is necessary in order to accomplish the extraction contemplated by this Agreement. The term "extraction" as used in this Agreement shall include the removal of soil and/or gravel from the Property. 2. ROYALTY FOR SOIL AND\OR GRAVEL EXTRACTED: COUNTY agrees to pay OWNER a royalty of$.75 (seventy-five cents) severance per ton for all soil and/or gravel extracted and removed from the Property by the COUNTY during the term of this Agreement. Such royalty is to be paid by the end of the month in which the material is removed. 3. ACCESS: OWNER agrees to provide land for a haul road and direct access to the work area. COUNTY agrees to construct and maintain said haul road in good condition and to restore said haul road at the termination of this Agreement if requested by OWNER. 4. OWNER'S RIGHT TO USE STOCKPILED SOIL AND/OR GRAVEL: OWNER may take up to 100 cubic yards per calendar year, commencing October 1,2006,of any soil and/or gravel stockpiled by the • COUNTY on the Property for use on his driveways or yards. OWNER agrees that prior to taking said 111111111111111111111111111111111111111 I I 11111111 I l I I I I - ' - 3384224 05/02/2006 03:56P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder oa6-/°a • • soil and/or gravel he shall consult with COUNTY to determine from which stockpile the soil and/or gravel may be taken. 5. BOOKS AND RECORDS: COUNTY agrees to keep accurate records of all soil and/or gravel removed from said described lands and shall, at all reasonable times, make said records available to OWNER for his inspection. 6. PERMITS: COUNTY shall be responsible for obtaining all necessary State, County, and Federal permits, which shall not include permits for asphalt or concrete batch plants. COUNTY shall pay the total cost of any necessary surveying for the mining operation. COUNTY shall consult with OWNER during the permitting process and exercise reasonable diligence in obtaining all necessary permits in a timely fashion. The operation by COUNTY shall be conducted in compliance with those permits as may be determined by the agency legally responsible for enforcing those permits. OWNER agrees to cooperate with COUNTY and to execute any necessary documents to assist COUNTY in obtaining the necessary permits and not to interfere with any work required as a result of said permits. COUNTY will be responsible for any of the construction improvements and ongoing operations necessary to comply with an approved permit. 6. NOTICES: Any notice of termination or other demands by OWNER or COUNTY shall be made in writing and forwarded by certified mail to the following address: OWNER: COUNTY: Jack and Shirley Fiscus Weld County Public Works 9284 CR 2.5 P.O. Box 758 • Morino, Colorado 80741 Greeley, Colorado 80632 (970)356-4000, extension 3750 7. TERM: The term of this Agreement shall be from the date of execution to and until ten years later. It shall renew automatically for additional one year periods thereafter, unless terminated in writing by either party given at least thirty(30) days prior to the stated date of termination. 8. NON-ASSIGNMENT: This Agreement shall not be assignable without prior written consent of COUNTY or OWNER, whichever is the non-assigning party. 9. MODIFICATIONS AND BREACH: This Agreement contains the entire agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction,whether oral or written. No modifications, amendment, novation,renewal,or other alteration of or to this Agreement shall be deemed valid or any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing or signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether expressed or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach. 10. SEVERABILITY: If any terms or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such a provision to the extent this Agreement is then capable of execution within the original intent of the parties hereto. • 1111111111111111111111111111 III 1111111 III 13331111 III -2- 3384224 0510ti 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • 11. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in this Agreement shall give or allow any claim or right of actions whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this lottday of April ,20 06 OWNERS: JACK FISCUS SHIRLEY FISCUS By: J Cl/r . I I'!''./ � By: �`j/¢7,�,rt,„}'-oC.r r e-J J1Q/rfa I a tttt ATTEST: lAwAsh/M) ,�dsin O ^ OF WELD COUNTY COMMISSIONERS O a, • Weld COUNTY Clerk to the Board • (�jrct°�� • Cz CC By: (N,rutkt1 V ait C IM{� By:_ adc-' puty clerk to the Bo rd M. . Geile, Chair 4/10/2006 M:VMininO&S Fiscus Pit-Soil--Gravel Agreement.doc 11111111111IIIII11111111111III 11111111111111111111111 3384224 05/0212006 03:56P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk &Recorder • -3_ o2Ce4; /Dot . .,\..41-,,� IF rv� -4. ti .. .:, � :.₹.4 rp r all:w '' ' _.7,'a11 V J;: RSr i C y W' 1351' rl yr L•, x lY l , ry i.},' Yp .�' ap �1f" r, y1"u YI�� fP Mriy,. hf1§' ti g+r4/; .- ,A j Fl1+.. ' r.. ....-,,.:game ng4nT• cx +v 'alb'. �`Y -4,.2i [ 7„, i+ TT `ice- I 1 r � :. , ` f '^ �1,.KULa r ri '? ��➢f}, I"s1:w y52d I +.. , ._' y.+; 'w4 Fi>f ;atFWXj„o cF A+4�ra �1 '�''Y F� ^ 4 .,4 y, FFYI.MMMv+"arS' z.}b .Ki t416 �F', +•' wSy r F. , , +,V 17.7i1Wc . ur .t� J �4+,.Akr t �._1+ „��i y4',,4tl r .. 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R Lh� r i ar j, F •. f r14d�I 1 4h_ y TMt� b p t9k` i a ..Liz LFn j r I L n .,i .. .• ,12,,,r.- µ J ne . .- r:i,f � ,::,,,,,,:.74-,\-. ; sf r—+w i � ' • 1 + ,¢�,,-gym*. k, 1 p r,iPxCA AL o ,+7F. .'t<fyWe• n +FyY,n Y �yyY ' k-� � �r�n IY�fi� 4 Y� � !YL!' U1JJ1"IIIIIIIIIIIIIIIIII IIIII EL IIII 03:56P Weld County, CO 4 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder Hello