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HomeMy WebLinkAbout830524.tiff RESOLUTION RE: APPROVAL OF MINING AND RECLAMATION PERMIT CONCERNING GEISERT GRAVEL PIT 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, the Board of County Commissioners of Weld County, Colorado did, on the 6th day of December, 1982, submit a request to the Mined Land Reclamation Board to be recognized as the suc- cessor operator under Permit Number 78-210, and WHEREAS, said permit is to conduct a mining operation at the Geisert Pit, and WHEREAS, the Mined Land Reclamation Board has reviewed said request and approved same, and WHEREAS, the Mined Land Reclamation Board has submitted to the Board of County Commissioners the approved permit for the Board' s review and endorsement, and WHEREAS, a copy of said permit is attached hereto and incor- porated herein by reference, and WHEREAS, the Board, after review, deems it advisable to approve the permit submitted to them by the Mined Land Reclama- tion Board. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that Permit Number 78-210, to conduct a mining operation at the Geisert pit be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said permit. E�t�v30 17 830'524 �� HE „ y `, ,,. - Page 2 RE: RECLAMATION PERMIT - GEISERT GRAVEL PIT The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of March, A.D. , 1983 . BOARD OF COUNTY COMMISSIONERS ATTEST: j/ ti '- .� WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board Chu Carlson, C�aaii�rman By: MCP ?� % / �'/Af puty County k Jo T. Martin, Pro-Tem APPROVED AS TO FORM: �SLv E 1 Gene R. Brantner ^ ✓//(91x7.-- 06;:di;)ete.e.), :) County Attorney Norman Carlson r rtx .. Y1-tio. J:cqu�lp\\\ine J h son DAY FILE: April 4 , 1983 STATE OF COLORADO RICHARD D.LAMM.Governor _ DEPARTMENT OF NATURAL RESOURCES D.Monte Pascoe,Executive Director MINED LAND RECLAMATION 423 Centennial Building,1313 Sherman Street Denver,Colorado 80203 Tel.(303)866-3567 • David C. Shelton Director March 25, 1983 Mr. Drew Scheltinga Weld County Board of County Commissioners P.O. Box 758 Greeley, Colorado 80632 RE: File No. 78-210 Dear Mr. Scheltinga: Enclosed please find two original permits for the above cited operation. Please have both signed by the appropriate county official and that signature notarized. Return ONE copy to this office within two weeks for our files. Thank you for your cooperation. Inc ely Pe er V. O'Connor Reclamation Specialist Enclosures PVOC/eap COLORADO DEPARTMENT OF NATURAL RESOURCES " INED LAND RECLAMATION 30ARD MINED LANG RECLAMATION DIVISION Room 423 . 1313 Snerman St . • Telepnone : ( 303 ) 360-3567 Denver , Colorado 33203 Wi"Ji�si_9 1_3l;i.L9�nIiL^1 P`3MLT TAN c,a4L Permit date Permit No. 78-210 tIov_ember_U 19J3 ( Anniversary date for annual report and fee purposes) THIS PERMIT is issued by the Mined Land Reclamation Board , Department of Natural Resources , State of Colorado. A , Weld County Board of County Commissioners ( "tne Operator") desires to conduct a mining operation Known as Geisert Pit for tne purpose of extracting __Safl±. fldj4Jr3YeL . 3 . On S ptember 26 , 197$, the Mined Land Recla- mation Board ( "the Board" ) approved the operator ' s applica- tion for this permit, fixed the, amount of the financial war- ranty and directed that tnis permit be issued upon the filing witn the Mined Land Reclamation Division ( "the Division" ) of parfurmance warranty and financial warranty (or warran- ties) in tne amount so fixed in form and substance approved by the Division . Said warranties have peen filed with the : ivision . C . On September 26 . 1978. tne Board made the following findings : 1 . Tye application fr tnis permit complies with the requirements of the Colorado '" inel ' and Reclamation ct , C .k . S . 11' 3 , 34-32- LC1 .ey_a�..• as amended , ind with all applicable local . state and federal laws ; 2 . The operation will not adversely affect tne stability of any significant . valuable . and permanent man-made structure located within two hundred feet of tne Affected Lana, except where tnere is an agreement between tne Operator and the persons having an interest in the struc- ture tnat damage to the structure is to be compensated for by the Operator ; and 3. The proposed mining and reclamation oper- ations can be carried out in conformance with the require- ments of the Act. D . Tne Operator has mane a showing satisfactory to tne Board : i ) that it will employ, during and after its underground mining ana/or surface operations , procedures designed to minimize environmental disturbance from such operation ; 2 ) that it will provide for reclamation of the Affected Lands appropriate to the subsequent beneficial use of such lands ; and 3 ) that. in the event of the failure of its proposed reclamation plan. it will take whatever measures may be necessary to assure the success of reclamation of the lands affected by such operations in accordance with the Act. E. A copy of the Operator ' s application, as amended and supplemented. has been approved ay the board and is by this reference incorporated herein. The Board . in1reliance upon the representations and promises made in such application , as amended and supple- mented hereby issues a life of the mine permit to the Oper- -2- ator , to engage in the operations described in the applica- tion on certain lands lying in the County of Weld State of Colorado. These lands are described in exhibit A, . attacned hereto,rl and are referred to herein as the "Affected Lands." This permit is issued subject to the following condi - tions and agreements : 1 . The Operator agrees to be bound by all applicable requirements of the Act and all applicable rules and regula- tions of the 3oard, as amended from time to time. a . The Operator will file with the Division its annual report and fees on each anniversary date of this permit . ). If analyses of the mining and reclamation oper- ation and tne data collected through monitoring and experi - mentation by the Operator or monitoring by the Division indi - cate teat the operation will not oe able to comply with the requirements of the Act and applicable rules and regulations of the Dare, tne Operator hereby agrees to exercise its best efforts . after consulting with the Division . to modify • tne plans to correct such deficiencies in the future. Such modifications may require technical revisions or amendments to the permit. 4. This permit may be revoked or suspended for non- compliance with the Act or applicable rules or regulations prd.mulgatec by the 3oard. 5 . e . pursuant to 34- 32- 118 ( 5) of the act , the Board nas a rignt of entry to reclaim tne lands affected by tne operation. b . The Board will enter the lands to perform reclamation only if the Board has determined: i . that reclamation required by law to have peen performed upon such lands has not been performed. and ii . that financial warranty forfeiture proceedings described in the Act or similar provisions of subsequent laws, if any, have been initiated. 5. The additional stipulations set forth in the attached rider , if any , are incorporated herein by reference. /____/ a ) Rider is attached. b) No rider is attacned. ACCEPTED AND AGREED : MINED LAND RECLAMATION BOARD MINED LAND RECLAMATION DIVISION COLORADO DEPARTMENT OF NATURAL RESOURCES Weld County Colorado � -Cil‘-- Operator Division Director Chairman Notarization of Operator ' s Acknowledgment STATE Colorado ss . COUNTY OF Weld The foregoing instrument was acknowledged before me tnis 30th day of _BLicii___, 1993, by ___ as _ of , the operator. NOTA Y PUBLIC -4- ADDRESS ADDRE" My Commission expires : Exhibit A: NE; SIWI'4 and the NUN SE' and the NEa SE; Section 31 , T6N, R6511. • —5— Hello