HomeMy WebLinkAbout20020584.tiff RESOLUTION
RE: APPROVE NOTICE OF INTENT TO CONDUCT EXPLORATION OPERATION ON
STROMBERGER PROPERTY TO TEST GRAVEL 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 Notice of Intent to conduct exploration
operation on the Stromberger Property to test gravel 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 Mined Land Reclamation Board, with further terms and
conditions being as stated in said Notice of Intent, and
WHEREAS, after review, the Board deems it advisable to approve said Notice of Intent,
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 Notice of Intent to conduct exploration operation on
Stromberger Property to test gravel 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 Mined Land Reclamation Board be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said Notice of Intent.
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
WELD COUNTY, OLORADO
ATTEST: gull
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I S3s Glen ad, C air
Weld County Clerk to - B. � ,
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BY: giati 4:1 W 4�I David E. Long, Pro-Tem
Deputy Clerk to the Bo - '_ EXCUSED
M. J. Geile
APP AST O . ---'i'!��
zjig illiam H. Jerke
ttorne 4
Date of signature: % Roe D. Masden
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2002-0584
e(, .' /'3g) EG0046
STATE OF COLORADO
DIVISION of MINERALS AND GEOLOGY
D1313 Sherman
nS., Room
lme215rces
Pare
1313 Sherman SL, Room 215
Denver,Colorado 80203
Phone:(303)866-3567 1.11
FAX:(303)832-8706 DEPARTMENT OF
NATURAL
• RESOURCES
Roy Romer
Governor
PERFORMANCE WARRANTY James S.Lochhead
Executive Director
Michael B.Long _
Division Director
Operator: Weld County Public Works
Operation: Stromberger - N0I (Notice of Intent for Exploration)
Permit No:
KNOW ALL MEN BY THESE PRESENTS, THAT:
WHEREAS, the Colorado Mined Land Reclamation Act, CRS as amended, 34-32-101
et leo. (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"),
has applied for a permit to conduct a mining operation known as Stromberger
_ (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) 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 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(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 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 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.
N0V•07-02 10:55 FROM-Colorado Division of Minerals & Geology +13038663567 T-574 P.006/006 F-020
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The provisions hereof shall bind and inure to the benefit of the parties hereto and their
successors and.assigns.
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SIGNED, SEALED AND DATED this 11th day of March , -2002 •
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Weld County Board of ComjfssionarjSEAL)
•
Operator • - •
)
Title: Glean_ Vaad, Chair
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NOTARIZATION OF O1ti ttATOR'S ACKNOWLEDGEMENT
• STATE OF COLORADO ) •
ss. •
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this itch
day of March , 2002 , by Glenn Vaad .-
as Chair of Weld Coun Board of CUunnission= .,f.. •• yUe<, -._
ESTHER E
ICK•
NOTARY PUBLIC •
My Commission expires: . -. .
fly i"w.oLniir&Mssp irIf,NM
APPROVED: .
State of Colorado
Mined Land Reclamation Board .
Division of Minerals and Geology •
•
F� �r
By: ` Date: S \_ V-kQa
Division Direc * - •
\\l
6mP+.bod
REWSEM 4/96
MEMORANDUM reseHt TO: Clerk to the Board DATE: March 4, 2002
Ile
FROM: Frank B. Hempen, Jr.
WI Director of Public Works/County Enginee
COLORADO SUBJECT: Agenda Item
Please place the following item on the Board's next agenda:
Notice of Intent to conduct exploration operation on the Stromberger property to
test for gravel. The property is located on WCR 392 at WCR 23, east of Windsor.
The appropriate documentation is attached.
Enclosures
pc: Greg Nelson, Mining Supervisor
Stromberger file
M:AWPFILES\FraneieAAGENDA.IRC
2002-0584
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