HomeMy WebLinkAbout20020586.tiff RESOLUTION
RE: APPROVE TRANSFER OF PERMIT AND SUCCESSION OF OPERATORS
APPLICATION FORM FOR FISCUS GRAVEL PIT AND AUTHORIZE CHAIR 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 has been presented with a Transfer of Permit and Succession of
Operators Application Form for the Fiscus Gravel Pit 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 the Colorado Department of Natural Resources, Division of
Minerals and Geology, with terms and conditions being as stated in said application form, and
WHEREAS, after review, the Board deems it advisable to approve said application form,
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 Transfer of Permit and Succession of Operators Application
Form for the Fiscus Gravel Pit 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 the Colorado Department of Natural Resources, Division of Minerals and Geology,
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said application form.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of March, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WEL COUNTY, C ORADO
ATTEST: Lid,
`� �` �i�
• Gle aad, air
Weld County Clerk
David E. Long, ro-Tem
Deputy Clerk to th EXCUSED
M. J. Geile
APP AS TO F
ill m Jerke
r\ty r ey
3 ' Robert D. Masden
Date of signature: ��/
2002-0586
EG0046
Aa?, 4611/
MEMORANDUM
•
471; datio),
TO: Clerk to the Board DATE: March 4, 2002
1 C FROM: Frank B. Hempen, Jr.Director of Public Works/County Engineer
•
COLORADO SUBJECT: Agenda Item
Please place the following item on the Board's next agenda:
Transfer of Permit and Succession of Operators Application form
for the Fiscus Gravel Pit.
The Division of Minerals and Geology requires the "original" documentation to be
returned. Once approved by the Board, please send the original Agreement to Greg
Nelson, Public Works.
The appropriate documentation is attached.
Enclosures
pc: Greg Nelson, Mining Supervisor
Fiscus Gravel Pit file
•
M:\W PFI LES\Francie\AGENDA-3.IRC.wpd
•
2002-0586
STATE OF COODO
DIVISION Of MINERALS AND GEOLOGY
Deeartmenrrmenr or Natural Resources
1; Sherman St., Room ? 5 Iptv , S , ON
Denver. ,Coioracc 30203
phone::3031866.3567 ! MINERAL
AX;!3031 832-8106
G EO LOG
.E-CLA hI ATIC
MfNING•EAEET
TRANSFER OF PERMIT AND SUCCESSION OF OPERATORS 8,11 Owens
Governor
APPLICATION FORM
Greg E.`Nalcner
Executive Oirecror
Michael B.Long
Division Director
The application for a Transfer of Permit and Succession of Operators must contain four(4)major parts: 1) an Application
Form;2)an Application Fee;3)a Performance Warranty(attached as part of the Application Package)bearing the original
notarized signature of the Successor Operator; and, 4) a replacement Financial Warranty provided by the Successor
Operator, bearing an original notarized signature. To expedite processing, please provide the information in the format
and order described below.
I. FINANCIAL WARRANTY INFORMATION(Choose ONE Option):
1. Option A: I wish to WAIVE MY RIGHT to a 30-day processing time to allow
(Initial& Date) the Division of Minerals and Geology to recalculate the Financial
Warranty requirements. If you choose Option A you should not submit
a Financial Warranty and Performance Warranty until the Division
notifies you of the correct amount of your warranty requirements.*
2. Option B: A77 5/74.2 I DO NOT WISH TO WAIVE MY RIGHT to a 30-day processing
(Initial&Date) time. I hereby submit a replacement Financial Warranty for the same
dollar amount as the Financial Warranty maintained by the current
operator. I understand that the Division of Minerals and Geology will
recalculate the required reclamation bond within 60-days from the date
that the transfer is completed and the required FINANCIAL
WARRANTY COULD BE SUBSTANTIALLY INCREASED at that
time. As the new operator, I agree to be responsible for posting any
required increase to the financial warranty for good cause shown.in a
form acceptable to the Board,within 60-days of such notice.
II. ADMINISTRATIVE INFORMATION:
1. Permit Number: M-1999-115
2. Operation Name: Fiscus Pit
•
3. Current Permitted Operator:
Contact Person: Dan Mendez
Company Name: Mendez Inc. Contractors
Street: 2165 Hwv 50
City: Grand Junction
State: CO Zip Code: 81503
Area Code: 970 Telephone: 242-3964
4. Successor Operator:
Contact Person: Greg Nelson
Company Name: Tdp td County Puhlic Works
Street: 1111 H Street
City: Greeley
State: CO Zip Code: av,39
Area Code: 970 Telephone: 356-4000 Ext 3750
IRS Tax ID No.or Social Security No.: 846000813
5. Aapiication Fee: 5100.00 for Hard Rock operations; S125.00 for Construction Materials
operations
Make check payable to the Division of Minerals and Geology
III. 1. Yes: X As the successor operator do you have a complete copy,
as is available.of the approved reclamation application to
No: include any permit modifications?
A copy of the approved application and any modifications
to the permit may be purchased through the Division_
Unless you specify which portions of the permit file you
want copied the entire file will be copied. The Division
will send the entire file, or portions you specify, to an
outside vendor and you will be billed accordingly.
2. Yes: X Have you verified that the permit area you are assuming
reclamation responsibility for is the area described in the
No: approved permit application?
3. Yes: X Have you verified that you have legal right of entry to
conduct mining wit reclamation?
No:
W. RECITALS
1. On May 4 , 2000 Permit Number M-1999-115 was granted to
mPnrie Tnn. Csintractors ,existing operator) ("Permittee"),pursuant to
which Permittee has been conducting a mining operation in the County of Weld , State
of Colorado. •
2. Permittee wishes to assign the permit to WP1 ri rannry Puh1-Lc' Works
(new operator),as Successor Operator("Successor")and Successor wishes to become Successor Permittee
under the permit.
3. Successor understands that the reclamation plan (the "Plan") required by the permit and by
applicable State laws and regulations has not been completed and is willing to assume full responsibility
for the completion of the Plan.
V. AGREEMENTS
Permittee and Successor hereby agree, for their own benefit and for the benefit of the State, such
agreements to be effective Aso facto upon the approval by the State of the transfer of the Permit from
Permittee to Successor,as follows:
l. Successor has inspected the mining and reclamation operations to its entire satisfaction and is fully
aware of the conditions thereof. Successor understands and accepts all of the conditions of the Permit.
2. Successor will complete the reclamation plan, and hereby assumes liability for completing such
plan as to all areas heretofore disturbed,as well as to all areas hereafter disturbed. Successor will perform
all of the obligations of the Permittee under the Permit which have not heretofore been performed by
Permittee.
3. Successor hereby tenders to the State its attached Performance and Financial Warranties*,which
are to be substituted for the Performance and Financial Warranties heretofore filed by the Permittee,
effective upon the release of the latter Warranties.
4. Successor represents to the State that,to the best of its loiowledge,information and belief,it is not
in violation of any of the provisions of the Colorado Mined Land reclamation Act with respect to any other
operation conducted by it in the State of Colorado.
Permittee and Successor hereby request the State to consent to the assignment of the Permit,to recognize
Successor as Successor Operator under the Permit,and to accept the rendered substitute Performance and
Financial Warranties in place of the Warranties presently on file with the State.
PERMIT-TEE G.I CCESSOR OPERATOR
Mendez, Inc. Weld County Public Works
Name of Permittee Name of Successor
By`fir„_ 141.per_ By
Signature of Officer Signature of Officer
Glenn Vaad, Chair, Weld County
Dan Mendez, President Mendez, Inc. Board of Commissioners (03/11/2002)
Tide of Officer Tide of Officer
NOTARY FOR PER.NCITTEE
State of COCc≥LoçL )
County of Atho.. )
tr
The foregoing instrument was ackn•; =��e i before me this 13 day of Far4w i Jog,,by
'U•B,L/" - _ t�f�l\Sc en of
i•
s o$o� Q Notary Public v,nu ] lc�flei
O° y137/ 4
t• p�� My t.ommissionE:cpires G'
.: t�Y eR
State of Colorado )
County of Weld )
The foregoing inst<vment was admowledged before me this 11th day of March_ , 2002,by
Glenn Vaad as Chair of
Weld County Board of Commissioners
ESTHE� ,
,, ..,. , sion Expires
GES1c-K
ti 41 :
My Commission Expires Septeasher 1 t,ZOOS
Hello