HomeMy WebLinkAbout20020778.tiff RESOLUTION
RE: APPROVE PERFORMANCE WARRANTY FOR MINING PERMIT OF THE FISCUS 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 Performance Warranty for the Mining
Permit of the Fiscus 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 Performance Warranty, and
WHEREAS, after review, the Board deems it advisable to approve said Performance
Warranty, 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 Performance Warranty for the Mining Permit of the Fiscus 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 Performance Warranty.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of April, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C ORADO
ATTEST: iLtd / � a E ll:,��
G Vaad, Chair
Weld County Clerk to t pp. ; f`
i ,ISbI ,: , 'Or,:? J, 674
r'.
jam. ♦ David E. Lon Pro-Tem
BY: . ^:•�ca._'Jib .�
Deputy Clerk to the Boo (
��'►� M. J. Geile
AP AS TO M:
W- ligm H. Jerke
ountyAtte� �'/,/ Robert D. Masden
Date of signature: Y
2002-0778
ee ; P ID EG0046
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St..Room 215 DIVISION o f
Denver,Colorado 80203
Phone:i303)866-3567 MINERAL S
FAX:;3031 832-8106 &
GEOLOGY
RECLAMATION
PERFORMANCE WARRANTY MINING•SAFETY
Bill Owens
Governor
Greg E.Watcher
Executive Director
Michael B.Long
Operator: Weld County Public Works Division Director
Operation: Fi srii Ptr
Permit No: M-1999-115
IC TOW ALL MEN BY THESE PRESENTS, THAT:
WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et s_...g. (the "Act"), as
amended, and the Colorado Land Reclamation Act for the Extraction of Construction Materials,
C.R.S. 34-32.5-101 et le_q. (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, wp l ri Ctlnnty Public Works (the "Operator"), has applied for
a permit to conduct a mining operation known as Fiscus Pit
(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.
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.
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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 Minerals and Geology, 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.
NOW-07-02 10:54 FROM-Colorado Division of Minerals & Geology +13038663567 1-574 P.003/008 F-020
-3 -
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 succcssors-end
assigns.
SIGNED,SEALED AND DATED this 1st _day of Ap,41 y102 .
vo1.f enmity -Path WoxkS (SEAL)
HByperatoiA
. Glenn Vaa , (04/0}0/2002)
Title; Chair, Weld County Board
of Commissioners
•
NOTARIZATION OF OPERATOR'S ACLSNOWLEDGEMZNT
•
STATE OF COLORADO )
)ss.
COUNTY OF WELD_
The foregoing instttmient was acknowledged before me this 1'st day of April t i by
Glenn Vaad as Chair of W- , v -�� i. ;..ers.
r// G
NOTARY PUBLIC GESICK
•
• My Commission expires:
°PICCIa--
APPROVED:State o£Colorado l/rCMgdtgbr6pheSsotader I1,na'S
Meted Land Reclamation Board
Division of ATmerals and Geology r�
By: Date: �\Ca
ion
aeoseerCe tneoeidfQeorwan . - - -
,
•7-
CONSENT OF STATE
(a) Consent is hereby granted to the transfer of the Permit referred to
from to
(b) is hereby recognized as Successor
Operator_under such Permit.
(c) The Performance and Financial Warranty substitution above proposed is hereby accepted and
approved
STATE OF COLORADO
DEPARTMENT OF NATURAL RESOURCES
MINED LAND RECLAMATION BOARD
DIVISION OF MINERALS AND GEOLOGY
By
Division Director
Date Executed
MATAINW MINFORM$\3117F.RRF
(10/07/99)
• MEMORANDUM
Pia t§ez,
TO: Clerk to the Board DATE: March 25, 2002 • .
J
FROM: Greg Nelson, Mining Supervisor_.
CSUBJECT: Agenda Item
COLORADO
Please submit the enclosed documents for the Chair's signature.
The Chair's signature is required on the Performance Warranty for the mining permit
of the Fiscus pit.
The appropriate documentation is attached.
Enclosures
pc: Frank B. Hempen, Jr., Director of Public Works/County Engineer
M'\W PFILLS\Francic\SIGNATURL.wpd
2002-0778
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