HomeMy WebLinkAbout840580.tiff RESOLUTION
RE: APPROVAL OF PERFORMANCE WARRANTY FOR J. EHMKE PIT AND AUTHORI-
ZATION 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 did submit an application to the Mined
Land Reclamation Board for a permit to conduct an open pit mining
operation known as J. Ehmke Pit on property described as South-
east Quarter of Section 12 , Township 10 North, Range 60 West of
the 6th P.M. , Weld County, Colorado, and
WHEREAS , the Board of County Commissioners has received
notification from the Mined Land Reclamation Board that the above
mentioned application was approved by said Board, and
WHEREAS, pursuant to 34-32-101 et sea. , CRS 1973 , as amended,
the Colorado Mined Land Reclamation Act, no permit may be issued
until the Mined Land Reclamation Board receives a Performance
Warranty from the Operator, and
WHEREAS , the Board of County Commissioners has been pre-
sented with a Performance Warranty which states the terms and
conditions , a copy of said Warranty being attached hereto and
incorporated herein by reference, and
WHEREAS , the Board of County Commissioners deems it advis-
able and in the best interests of Weld County to approve said
Performance Warranty.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the hereinabove mentioned
Performance Warranty for J. Ehmke Pit be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be,
and hereby is , authorized to sign said Performance Warranty.
840580
Page 2
RE: PERFORMANCE WARRANTY - EHMKE PIT
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 6th day of
February, A.D. , 1984.
C{ , BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Boar& Norman Carlson, Chairman
Deputy County Clerk J cque ' ne Jo ns n, Pro-Tem
APPROVED _AS TO FORM: giente6S119A-tt,
Gene R. Brantner
C r'
County Attorney C uck Carlson
f_
Jon T. Martin
020884
of o(3<
C 15
FT,'. - p1 DEPARTMENT OF NATURAL RESOURCES
* i j Iv! David H.Getches,Executive Director
*• Na, * MINED LAND RECLAMATION DIVISION
,,t187 DAVID C.SHELTON, Director
i
i
Richard D.Lamm } . \
Governor v
_ter -
January 27, 1984
Mr. Donald R. Carroll
Weld County Dept. of Engineering
P.O. Box 758
Greeley, Colorado 80632
Re: J. Ehinke Pit - File No. 83-201
Sheffler Pit - File No. 83-202
Action Taken at the January 26, 1984 Meeting of the Mined Land
Reclamation Board
Dear Mr. Carroll :
I am pleased to inform you that the Mined Land Reclamation Board approved the
above mentioned applications. A permit will be issued for each pit upon
receipt of a properly executed Performance Warranty (for each pit) , signed by
the Chairman of the Board of County Commissioners . I have enclosed the
Performance Warranty forms for your use.
Please feel free to contact me if I can be of any further assistance.
S ncerely,
er , rG --r,�,
N James B. McArdle
Senior Reclamation Specialist
JBM/mab
Enclosure
Doc. No. 90005
423 Centennial Building 13t3 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567
_ it Er, ..' !i
oe•Coto 0.,w
21
rs p DEPARTMENT OF NATURAL RESOURCES
y � ( ��/ *I, David H.Getches.Executive Director
* > lei MINED LAND RECLAMATION DIVISION
* 1876 DAVID C. SHELTON, Director
Richard D.Lamm
Governor ` •
PERFORMANCE WARRANTY
Operator: WELD COUNTY
Operation: 110 - Limited Impact Operation - Open Pit
Permit No: File No. 83-201
KNOW ALL MEN BY THESE PRESENTS, THAT:
WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 1973,
34-32-101 et seq. (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 requirements of the Act.
WHEREAS, WELD COUNTY (the "Operator"), a
Governmental Agency corporation, has app ied for a permit to conduct
a mining operation known as J. Ehmke Pit (the "Operation" ) on
certain lands in Weld County, Colorado. These lands are
described in Exhibit A, attached hereto, 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.
WHEREAS, the Operator hereby 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 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 with respect to the
Affected Lands.
423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (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 .hole 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 6th day of February , 1984.
WELD COUNTY
t;-,•v . i z �s Operator
ATTEST:
WELD COUNTY CLERK AND-RECORDER
AND CLERK TO Tkg ECARa By
BY � y .:A-t- Norman Carlson, Chairman
CDeputy County C •k Board of Weld County Commissioners
-3-
NOTARIZATION OF OPERATOR'S ACKNOWLEDGMENT
STATE OF
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day
of , by
as of
Attestation on Page 2 NOTARY PUBLIC
ADDRESS
ADDRESS
My Commission expires: .
APPROVED:
State of Colorado
Mined Land Reclamation Division
Mined Land Reclamation Board
By Date
Director
Doc. No. 1856
(Rev. 3/33)
Financial Warranty
Exhibit A
File No. : 83-201
Operation Name: J. Ehmke Pit
Legal Description: Southeast quarter of Section 12, Township 10 North,
Range 60 West of the 6th P.M. , Weld County, Colorado.
Elevation = 5440. 9 Miles east of Grover, Weld County, Colorado
Acreage: 9.955, more or less
County: Weld
State: Colorado
34-32-101 at seq. , C.R.S. 1973, as amended
(Rev. 8/83)
Doc. No. 4983
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