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Home My WebLink About841129.tiff RESOLUTION RE: APPROVAL OF PERFORMANCE WARRANTY FOR WALKER PIT CONVERSION AND AUTHORIZATION FOR CHAIRMAN TO SIGN 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 , Weld County has submitted an application to the Mined Land Reclamation Division for a permit to conduct a mining operation known as Walker Pit Conversion on property described as Sz Sz NE4 , Section 30 , Township 8 North, Range 57 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, the Colorado Mined Land Reclamation Act, CRS 1973 , 34-32-101 et seq. , as amended, provides that no permit may be issued under the Act until the Mined Land Reclamation Board receives a Performance Warranty that is a written promise to comply with all applicable requirements of the Act, and WHEREAS , the Board of County Commissioners has been pre- sented with a Performance Warranty which states the terms and conditions , a copy being attached hereto and incorporated herein by reference, and WHEREAS, the Board of County Commissioners of Weld County, Colorado deems it in the best interests of Weld County to approved said Performance Warranty. NOW, THEREFORE , BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the aforementioned Performance Warranty be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman of the Board be, and hereby is , authorized to sign said Performance Warranty. 1 841129 Page 2 RE: PERFORMANCE WARRANTY - WALKER PIT CONVERSION The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of January, A.D. , 1984 . /, `.. - BOARD OF COUNTY COMMISSIONERS ATTEST: `'w^^'l 1 " �`°""``�An' WELD COUNTY, COLORADO Weld County Clerk and Recorder:7/2 af4/.# and Clerk to the Board Norman Carlson, Chairman `fielduty County Clerk Ja gue ne Jo n .on, Pro-Tem APPROVED AS TO FORM: EXCUSED Gene R. Brantner c - J County Attorney Chuck Carlson -74-,, _ %1.1:r a:;,.1 40nn T. Martin DAY FILE: January 11 , 1984 i O O<O �t '-i X901 F�. OI DEPARTMENT OF NATURAL RESOURCES IZ *1 David H.Getches.Executive Director • i ti � MINED LAND RELu ��1 v'e oN DIVISION & F3 /8764 DAVID C. SHELTON, Cirector Richard D.Lamm Governor "'''� )> ' "'., • PERFORMANCE WARRANTY Operator: WELD COUNTY Operation: 112 - Regular Mine Operation - Open Pit Permit No: File No. 81-289 RG KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 1973, 34-32-101 et sea. (the "Act" ) , as amended, provides that no permit may be 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 require 'nts of the Act. WHEREAS, WE' D CUNT_! (the "Operator") , a Governmental Agency corp— t ion, r:as zopliea for a permit to conduct a mining operation known as WALKER PIT CONVERSION (the "Operation" ) on certain lands in Weld County, Colorado. These lands are described in Exhibit A, attacned r.a-eto, 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 °ram 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 ( re 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. WHEREAS, the Operator heresy gives the Board a performance warranty pursuant to Section 34-32-117(2) of the Act, and herein promises the Board that it will comply with al applicable requirements of the Act with regard to those Affected Lands. NOW, THEREFORE, th. Operator !. reby 77pmises the Boat that it will comply with all applicable •ecuirement or the Act with respect to the Affected Lands. 423 Centennial Building, '.313 'enr ,Stir ^enver. Cc :,rado 80203 Tc ;303) 866-3567 -2- The Operator further promises the Board, pursuant to 34-32-112(1)(d) 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 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 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. 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. The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors and assigns. Signed and dated this 9th day of January , 1984. WELD COUNTY Operator By Norman Carlson, Chairman Board of Weld County Commissioners -3- NOTARIZATION OF OPERATOR'S ACKNOWLEDGMENT STATE OF Colorado ) ) ss. COUNTY OF Weld The foregoing instrument was acknowledged before me this qth day of January , 1984 , by Norman Carlson as Chairman of the Board of Weld County Commissioners 7' CI; N IRY PUBLIC 915 10th Street . ADDRESS Greeley, CO 80631 ADDRESS My Commission expires: 'Ay Commission Expires April 18, f -Li& APPROVED: State of Colorado Mined Land Reclamation Division Mined Land Reclamation Board By Date , Director Doc. No. 1856 (Rev. 3/83) Financial Warranty Exhibit A File No. : 81-289RG Operation Name: Walker Pit Conversion Legal Description: South half, South half of the Northeast quarter, Section 30, Township 8 North, Range 57 West of the 6th P.M. , Weld County, Colorado. Elevation = 4835, 2.5 miles east and 1-3/4 miles north of New Raymer, Colorado. Acreage: 19.472 Acres County: Weld State: Colorado 34-32-101 et seq. , C.R.S. 1973, as amended (Rev. 8/83) Doc. No. 4983 PUBLIC NOTICE Weld County - Department of Engineering 933 North 11th Avenue Greeley, Colorado 80631 Phone 356-4000 , Ext. 4750 has filed an application for a Mining and Reclamation permit with the Colorado Mined Land Reclamation Board under provisions of the Colorado Mined Land Reclamation Act. The proposed sand and gravel pit is located at the S?, Section 30 , Township 8 North, Range 57 West of the 6th P.M. , Weld County, Colorado. The proposed date of commencement is March 1, 1984 , and the pro- posed date of completion is approximately ten years later. The proposed future use of the land is prairie grassland. Additional information and tentative hearing date may be obtained from the Mined Land Reclamation Board, Room 423, 1313 Sherman Street, Denver, Colorado 80202 (303) 866-3567, or Weld County Clerk and Recorder, 915 10th Street, Greeley, Colorado 80631, or the above-named applicant. Written comments must be filed with the Mined Land Reclamation Board by 5 : 00 P.M. on February 15, 1984 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: January 4 , 1984 PUBLISHED: January 5 , 12 , 19, and 26 , 1984 , in the LaSalle Leader Affidavit of Publication STATE OF COLORADO, 1 ss. County of Weld, 3 L 24.4 I in r3 7 �(- of LEGAL NOTICE said County of Weld. being duly-sworn, say that.- 1 am publisher of L. t+ scNe I„ t4l•/f'9 PUBLIC NOTICE • ' that the same is a weekly newspaper of general Weld County-Department of Engineer- circulation pttdl printed and published in the ing 933 North 11th Avenue town of V v. S \` <„ Greeley,Colorado 80631 Phone 356-4000,Ext,4750 in said county and state: that the notice cr edver. tisement, of which the annexed is a true copy. has filed an application for a Mining and has been(wubltahed in scia weekly newspaper Reclamation permit with the Colorado -Mined Land Reclamation Board under --Ft ct✓` � provisions of the Colorado Mined Land for �7/ consecutive Reclamation Act. The proposed sand weeks: that the ncbce was published in the and gravel mine is located at the S44, regular and entire issue of every number of said Section 30.Township 8 North,Range i newspaper during the period and time of publi. 57 West of the 6th P.M.,Weld County. Colorado. cation of said notice and in the newspaper proper and not in a supplement thereof: alai the The proposed date of commencement is March 1,1984,and the proposed date of first publication of said notice was contained in completion is approximately ten years the issue of said newspaper bearing date. this later. The proposed future use of the land is praire grassland.Additional in- .—_ - day of T'„N , A.D.. 19 formation and tentative hearing date and the last publication tnerc f. in the issue of may be obtained from the Mined Land Reclamation Board, Room 423, 1313 said.cewspcper bearing date. the 2 G day ci Sherman Street,-Denver, Colorado 80202(309)866-3567.or Weld County \9 N 19 1^'� that the said Clerk and Recorder. 915 30th Street. Greeley,Colorado 80631,or the above- I S (I G named applicant. �L "<`_` h./ d C (1_4; n Th Wntien comments must be flied with the has been published continuously and uninterrupt. Mined Land Reclamation Board by 5:00 edly during the period of at least fifty-two con- P.M.on February 15,1984. secutive weeks next prior ig the first issue thereof BOARD OF COUNTY containing said notice or advertisement above . COMMISSIONERS referred to: and that said newspaper was at the WELD COUNTY.COLORADO time of each of the publications of said notice. BY:MARYANN FEUERSTEIN duly qualified far that purpose with::: the mean COUNT/CLERK AND ing of an act, entitled, "An Act Concerning Legal RECORDER AND CLERK TO THE BOARD Notices, Advertisements and Publications, and BY:Mary Reiff,Deputy • the Fees of Printers and Publishers thereof, and to Repeal all Acts and Parts of Acts in Conflict DATED:January 4,1984 with the Provisions of this Act." approved April 7, Published in the La Salle Leader 1921, and all amendments thereof, and perticu- Thursdays, January 5, 12, 19 and 26, lady cs amended by an act approved. March 30. 1984. 1923, and an1et approved May 1,9: 1931. /Cbhsher Subscribed �,sworn/ to before me this _....r boy of 1.t.:..� A.D.. 13 7 71/ �, My commission expires _/ 5 Notary Public c! rr , 54i rot, a.L''r. CC/. 80631 Hello