HomeMy WebLinkAbout20052417.tiff RESOLUTION
RE: APPROVE LIMITED IMPACT OPERATION (110) RECLAMATION PERMIT
APPLICATION AND PERFORMANCE WARRANTY FOR ASHBAUGH GRAVEL PIT TO
COLORADO MINED LAND RECLAMATION DIVISION 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 Limited Impact Operation (110)
Reclamation PermitApplication and a Performance Warranty for the Ashbaugh Gravel Pit from the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Weld County Public Works Department Mining Division, to the Colorado
Mined Land Reclamation Division,with terms and conditions being as stated in said application and
warranty, and
WHEREAS, after review, the Board deems it advisable to approve said application and
warranty, copies of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Limited Impact Operation (110) Reclamation Permit Application and a
Performance Warranty for the Ashbaugh Gravel Pit from the County of Weld,State of Colorado,by
and through the Board of County Commissioners of Weld County, on behalf of the Weld County
Public Works Department Mining Division, to the Colorado Mined Land Reclamation Division, be,
and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said application and warranty.
The above and foregoing Resolution was, on motion duly made and seconded,adopted by
the following vote on the 15th day of August, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
�t4 lE llda WELD COUNTY,/COLORADO
William H. Je e, Chair
i . �� Clerk to the Board
i !77�je�, / M. jle Prq.Tem r
Deputy Clerk to the Board
D Lon /
AP ED AS TO • a-\ %\vC//
Rob rt D. Masdeh
ounty Att ney
GI nn Vaad
Date of signature: g
2005-2417
et?,i E6,7 EG0030
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman SL,Roan 215 COLORADO
Denver,Colorado 80203 DIVISION OF
Phone:(303)866-3567 CONSTRUCTION MATERIALS MINERALS
FAX:(303)832-8106 GEOLOGY
LIMITED IMPACT(110)OPERATION
RECLAMATION•MINING
SArETT•SCIENCE
RECLAMATION PERMIT APPLICATION FORM
Bill Owens
Governor
Greg E.Walther
CHECK ONE: There is a File Number Already Assigned to this Operation Executive Director
Permit# M - -__ (Please reference the file number currently assigned to this operation) Ronald W.Cattatty
Division Director
X New Application(Rule 1.4.5) Amendment Application(Rule 1.10) Natural Resource Trustee
Conversion Application(Rule 1.11)
Permit# M - - (provide for Amendments and Conversions of existing permits)
The application for a Construction Materials Limited Impact(110)Operation Reclamation Permit contains three major parts: (1)the application
form;(2)Exhibits A-J,Exhibit L,Addendum 1,any sections of Exhibit 6.5 and Geotechnical Stability Exhibit,as required by the Office,and
outlined in Rules 6.1,6.2,6.3,6.5,and 1.6.2(1)(b); and(3)the application fee. When you submit your application,be sure to include one
(1)complete signed and notarized IVORY ORIGINAL and one(1)copy of the completed Ivory application form,two(2)copies of Exhibits
A-J,Exhibit L,Addendum I,and appropriate sections of 6.5(Geotechnical Stability Exhibit),as required,and a check for the application fee
described under(4)below. Exhibits should NOT be bound or in a 3-ring binder;maps should be folded to 8 1/2"X 11"or 8 1/2"X 14"size.
To expedite processing please provide the information in the format and order described in this form.
GENERAL OPERATION INFORMATION
Type or print clearly,in the space provided, ALL information described below.
1. Applicant/operator or company name(name to be used on nesmiti: Weld County Puh1 i r Wnrk
1.1 Type of organization(corporation,partnership,etc.): government
1.2 1.2 I.R.S.Tax ID No.or Social Security Number: 84-6000-813
2. Operation name(pit,mine or site name): Ashbaugh Gravel Pit
3. Permitted acreage(new or existing site): 9.9 permitted acres
3.1 Change in acreage(+) acres
3.2 Total Acreage in Permit Area acres
4. Fees:
4.1 New Application: $1,094.00 application fee
Amendment Fee(C.R.S. 34-32.5-125(11)): $719.00 application fee
4.2 Conversion Fee(from 110d to 110$875.00 conversion fee(Rule 1.11.2(2))
5. Primary commoditie(s)to be mined: gravel dirt
5.1 Incidental commoditie(s)to be mined: 1. / lbs/Tons/yr 2. / lbs/Tons/yr 3. / lbs/Tons/yr
4. / lbs/Tons/vr 5. / lbs/Tons/vr
5.2 Anticipated end use of primary commoditie(s)to be mined: County road maintenance and construction
Anticipated end use of incidental commoditie(s)to be mined: n/a
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines 2005-2417 Geological Survey
6. Name of owner of the subsurface rights of affected land: Keith & Shirley Ashbaugh
7. Name of owner of the surfaceofaffectedland: Keith & Shirley Ashbaugh
8. Type of mining operation: X Surface Underground In-situ
9. Location information: The center of the area where the majority of mining will occur:
COUNTY: Weld
PRINCIPAL MERIDIAN(check one): X 6th(Colorado) 10th(New Mexico) Ute
SECTION (write number): S 15
TOWNSHIP(write number and check direction): T 7 X North South
RANGE(write number and check direction): R 59 East X West
QUARTER SECTION(check one): NE X NW SE SW
QUAR MR/QUARTER SECTION(check one): NE NW SE SW
GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation):
7 miles west of New Raymer, south approximately 3 miles
10. Primary future(Post-mininv)land use(check one):
Cropland(CR) X Pastureland(PL) _ General Agriculture(GA)
_ Rangeland(RL) _ Forestry(FR) _ Wildlife Habitat(WL)
Residential(RS) _ Recreation(RC) _ Industrial/Commercial(IC)
Developed Water Resources(WR) _ Solid Waste Disposal(WD)
11. Primary present land use(check one):
Cropland(CR) X Pastureland(PL) _ General Agriculture(GA)
Rangeland(RL) _ Forestry(FR) _ Wildlife Habitat(WL)
_ Residential(RS) Recreation(RC) _ Industrial/Commercial(IC)
_ Developed Water Resources(WR) _ Mining(MN)
12. If this operation will use designated chemicals,or will result,or presently has acid mine drainage-you cannot use this application
form. You must submit either a 110d or I 12d application form for Designated Mining Operations. In either case,you must list any
acidic or toxic-forming materials,exposed or disturbed as a result of the mining operation,and whether the operation will result in or
presently has acid mine drainage:
n/a
13. Description of Amendment or Conversion:
If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s):
n/a
-3 -
14. Correspondence Information:
APPLICANT/OPERATOR (name,address,and phone of name to be used on permit)
Contact's Name: Greg Nelson Title: Mining Sitperviaor
Company Name: Weld County Public Works
Street/P.O.Box: 111.1 I-1 Street P.O. Box: 75R
City: Greeley
State: Colorado Zip Code: 80637
Telephone Number: f 970 )- 356-4000 X 3750
Fax Number. f 970 )- 304-6497
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name: Title:
Company Name:
Street/P.O.Box: P.O.Box:
City:
State: Zip Code:
Telephone Number: f 2-
Fax Number: f )-
INSPECTION CONTACT
Contact's Name: Title:
Company Name:
Street/P.O.Box: P.O.Box:
City:
State: Zip Code:
Telephone Number: f )-
Fax Number: f )
CC: STATE OR FEDERAL LANDOWNER(if anv)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( )-
CC: STATE OR FEDERAL LANDOWNER(if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( )-
-4-
•
Maps & Exhibits:
Submit two(2)complete,unbound copies of the following application exhibits:
6.3.1 EXHIBIT A-Legal Description and Location Map
6.3.2 EXHIBIT B- Site Description
6.3.3 EXHIBIT C -Mining Plan
6.3.4 EXHIBIT D-Reclamation Plan
6.3.5 EXHIBIT E-Maps,to include the location of any recorded easements
6.3.6 EXHIBIT F-List of Other Permits and Licenses Required
6.3.7 EXHIBIT G- Source of Legal Right-to-Enter
6.3.8 EXHIBIT H -Municipalities Within a Two-mile Radius
6.3.9 EXHIBIT I -Proof of Filing with County Clerk
6.3.10 EXHIBIT J -Proof of Mailing Notices of Permit Application
6.3.12 EXHIBIT L-Permanent Man-Made Structures
1.6.2(1)(6) ADDENDUM 1 -Notice Requirements(sample enclosed)
6.5 Geotechnical Stability Exhibit(as required)
Responsibilities as a Permittee:
Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a
number of important requirements which you,as a pemrittee,should fully understand. These requirements are listed below. Please
read and initial each requirement, in the space provided, to acknowledge that you understand your obligations. If you do not
understand these obligations then please contact this Office for a full explanation.
11/141/ 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal
liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated
with your mining operation in the event your permit is revoked and financial warranty is forfeited;
1c i-t7//J/- 2. The Board may suspend or revoke this permit,or assess a civil penalty,upon a finding that the permittee violated
the terms or conditions of this permit,the Act,the Mineral Rules and Regulations,or that information contained in the
application or your permit misrepresent important material facts;
I is/XI- 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary,
substantial civil penalties,to you as permittee can result;
, 4. Any modification to the approved mining and reclamation plan from those described in your approved application
requires you to submit a permit modification and obtain approval from the Board or Ofice;
Lk Aid.
5. It is your responsibility to notify the Office of any changes in your address or phone number;
1-1-V-70/ 6. Upon permit issuance and prior to beginning on-site mining activity,you must post a sign at the entrance of the
mine site,which shall be clearly visible from the access road,with the following information(Rule 3.1.12):
a. the name of the operator;
b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land
Reclamation Board; and,
c. the permit number.
•
-5 -
1"/A 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly
visible and adequate to delineate such boundaries prior to site disturbance;
1( d. 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions
listed in your application,as well as with the provisions of the Act and the Mineral Rules and Regulations in effect at
the time the permit is issued.
kk WI, 9. Annually,on the anniversary date of permit issuance,you must submit an annual fee as specified by Statute,and
an annual report which includes a map describing the acreage affected and the acreage reclaimed to date(if there are
changes from the previous year),any monitoring required by the Reclamation Plan to be submitted annually on the
anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example,a permit
with the anniversary date of July 1, 1995,the annual fee is for the period of July 1, 1994 through June 30, 1995.Failure
to submit your annual fee and report by the permit anniversary date may result in a civil penalty,revocation of your
permit, and forfeiture of your financial warranty. It is your responsibility, as the permittee,to continue to pay your
annual fee to the Office until the Board releases you from your total reclamation responsibility.
t117',/ 10. For joint venture/partnershinperrnittee: the signing representative is authorized to sign when document and a
power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this
application.
Permit Condition: Please read and initial this condition, in the space provided, to acknowledge that you understand your
obligation. If you do not understand your obligation then please contact this Office for a full explanation.
G1 //. A reportable spill is a spill of any toxic or hazardous substance(including spills of petroleum products)within the
mined land permit area reportable to any Division of the Colorado Department of Public Health and the Environment,
the National Response Center, the Colorado Emergency Planning Commission, any local Emergency Planning
Commission, local Emergency Planning Committee,or the State Oil Inspector. The Mine Operator shall notify the
Division of Minerals and Geology (DMG) of a reportable spill within the mined land permit area using the same
timeframe required by the permit,license,notice,statute,rule or regulation governing the reporting of the spill to the
other appropriate agency. Notice of a reportable spill shall be FAXed to: Minerals Program Supervisor,Division of
Minerals and Geology,FAX(303)832-8106. The FAX shall include a call-back number of a responsible company
official for DMG staff to use as a contact.
NOTE TO COMMENTORS/OBJECTORS:
It is likely there will be additions,changes,and deletions to this document prior to fmal decision by the Office. Therefore,if you
have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will brow what
changes may have been made to the application document.
The Office is not allowed to consider comments, unless they are written, and received prior to the end of the public comment
period. You should contact the applicant for the final date of the public comment period.
If you have questions about the Mined Land Reclamation Board and Office review and decision or appeals process,you may
contact the Office at(303) 866-3567.
-6-
Certification:
As an authorized representative of the applicant,I hereby certify that the operation described has met the minimum requirements of
the following terms and conditions:
1. All necessary approvals from local government have been applied for(Section 34-32.5-110(1)(a)(viii).
2. To the best of my knowledge,all significant,valuable and permanent man-made structure(s)in existence at the time this
application is filed, and located within 200 feet of the proposed affected area have been identified in this application
(Section 34-32.5-115(4)(e), C.R.S.). (NOTE: For 110 operations,the affected area includes all lands delineated by the
permit boundary.)
3. No mining operation will be located on lands where such operations are prohibited by law(Section 34-32.5-115(4)(f),
C.RS.).
4. As the applicant/operator, I do not have any mining/prospecting operations in the State of Colorado currently in
violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials
(Section 34-32.5-120,CRS.).
5. I understand that statements in the application are being made under penalty of perjury and that false statements made
herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. 1984.
Signed and dated this 15th day of August , 2005
Weld County Board of Commissioners R If Corporation Atte (I1(""""7 �t . Gi
Applicant/Operator { IL4) / 61 /�/J(//A�///
861
Signed: i �i� I�1'� ed: G
O
0 s Corporate Secretary or Equivalent
Title: Chair, William H. Jerk, 'J ` cc\., T wn/Citv/County Clerk
State of Colorado
)ss.
County' of Weld )
15th day of Au us 'CP:?t tt95 U
The foregoing instrument was acknowledged before me this Q
.j
William H. Jerke as Chair of Weld Count •
i t:jo rs
SHARON i
' KAHL
Notary Public O
,,....a :AP '
h OP C OP ON-Gt..
MV Commission expires: My Commission Expires May 15,2005
SIGNATURES MUST BE IN BLUE INK
M:\min\share\vsforms Consuuaion110(05/06/2003)
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR CONSTRUCTION MATERIALS LIMITED IMPACT(110) OPERATION
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
Weld County Public. Works (the"Applicant/Operator")has applied for a Construction Materials Limited Impact
(110) Reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of
construction materials in Weld County. The attached information is being provided to notify you of
the location and nature of the proposed operation. The entire application is on file with the Division of Minerals and Geology(the
"Division")and the local county clerk or recorder.
The applicant/operator proposes to reclaim the affected land to i- sr„ra 1 anal use. Pursuant to Section
34-32.5-116(4)(m), C.RS., the Board may confer with the local Board of County Commissioners before approving of the
post-mining land use. Accordingly,the Board would appreciate your comments on the proposed operation. Please note that,in
order to preserve your right to a hearing before the Board on this application,you must submit written comments on the application
within ten(10)days after the date of the applicant's newspaper publication.
If you would like to discuss the proposed post-mining land use,or any other issue regarding this application,please contact the
Division of Minerals and Geology, 1313 Sherman Street,Room 215,Denver,Colorado 80203,(303)866-3567.
NOTE TO APPLICANT/OPERATOR: You MUST attach a copy of the application form to this notice. If this is.a notice of a
change to a previously filed application you must either attach a copy of the changes,or attach a complete and accurate description
of the change.
M:\minsharenfonns\Constructionll0 (05/06/2003)
An example Public Notice which meets the requirements of the Statutes is shown below. The blanks,which require dates,will
need to be filled in according to the following instructions. PLEASE READ CAREFULLY.
Publication Instructions:
Date of commencement and date of completion should represent the dates which you feel most accurately describe the life of the
operation.
For all Limited Impact(110)types of operations,this notice must be published once within ten(10)days of the date the application
is considered submitted to the Division of Minerals and Geology(the"Division"). The fmal date for receiving comments is ten
(10)days after the date of publication or the next regular business day.
All notices must be published in a newspaper of general circulation in the locality of the proposed mining operation and mailed to
the landowners as set forth in the Construction Materials Rules and Regulations. Since the date for consideration of your
application may change,DO NOT include it in this notice.
For a complete discussion of the notice procedures and objections,please refer to C.R.S. 34-32.5-110(7)(c), 114 and 115.
*tit******$t********tit**t********t*******tit****************************************************************
PUBLIC NOTICE
P.O. Box 758, Greeley CO 80632
(Operator Name) Weld Count Public Works ;(Address and Phone Number) (970)304-6496 ,has
filed an application for a Construction Materials Limited Impact (110) Reclamation Permit with the Colorado Mined Land
Reclamation Board under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. The
proposed mine is known as the (Name of the Mine) Ashbaugh Pit , and is located at or near Section 15 ,
Township 7 N Range 59 W, 6th prime meridian.
The proposed date of commencement is August . 2005 ,and the proposed date of completion is
1ugust , 2015 . The proposed future use of the land is(Future Landuse) pasture land
Additional information and tentative decision date may be obtained from the Division of Minerals and Geology, 1313 Sherman
Street,Room 215,Denver,Colorado 80203,(303)866-3567,or at the(County Name) Weld County Clerk to the
)a dMitititICCItS office;(Clerk and Recorder's Address) q 1 5 10th C t ,_Gr eele3s or the above-named applicant. A complete
copy of the application is available at the above-named County Clerk1KIdlietliadini office and at the Division's office.
to the Board
Comments concerning the application and exhibits must be in writing and must be received by the Division of Minerals and
Geology by 4:00 p.m.on(Final Date for Comments)
Please note that under the provisions of C.R.S. 34-32.5-101 et seq. Comments related to noise,truck traffic,hours of operation,
visual impacts, effects on property values and other social or economic concerns are issues not subject to this Office's
jurisdiction. These subjects.and similar ones, are typically addressed by your local governments,rather than the Division of
Minerals and Geology or the Mined Land Reclamation Board.
M:\min'share\vsforms\Construction110 (05/06/2003)
The following is a sample of the Notice required for Rule (.6.2(1)(6)that you may wish to use. You must post the Notice at the
proposed access to the site.
NOTICE
•
This site is the location of a proposed construction materials operation. (Name of the Applicant/Operator)
Weld County Public Worse address and phone number is (Address and Phone Number of the Applicant/Operator)
*see below ,has applied for a Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone
wishing to comment on the application may view the application at the(CountxAanitV �WWeeld County Clerk
�KRsaotteSCeff1a4 titbuss) to the Board Greeley. CO'80632 ,and should send
comments prior to the end of the public comment period to the Division of Minerals and Geology, 1313 Sherman St,Room 215,
Denver,Colorado 80203.
Weld County Clerk to the Board
* P.O. Box 758, Greeley, CO 80632 (970)356-6496
Certification:
I, (Name of the Applicant/Operator) Greg Nelson ,hereby certify that I posted a sign containing
the above notice for the proposed permit area known as the(Name of Operation) Ashbaugh Pit ,on
(Date Posted)
-SSIIGNA DATE /07a 8'/I 5
M:Mmtsharemearnm Comtruaion110 (05/06/2003)
EXHIBIT "K"
TERMS OF GOVERNMENTAL CONTRACT (ENCLOSED)
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
By at..
William H. Jerke, Chair AUG 1 5 2005
M A W PFILES\Mining\exhibitK.wpd
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
of Department of Natural Resources
1313 Sherman St,Room 215 Win
Denver,Colorado 80203
Phone:(303)866-3567
FAX:(303)832-8106
DEPARTMENT OF
NATURAL
RESOURCES
Roy Romer
Governor
PERFORMANCE WARRANTY lames 5.Lochhead
Executive Director
Michael B.Long
Division Director
Operator: Weld County Public Works
Operation: Ashbaugh Gravel Pit
Permit No:
KNOW ALL MEN BY THESE PRESENTS, THAT:
WHEREAS, the Colorado Mined Land Reclamation Act, CRS as amended, 34-32-101
et sec . (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 Public Works (the "Operator"),
has applied for a permit to conduct a mining operation known as Ashbaugh Gravel Pit
(the "Operation") on certain lands in
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.
-3-
The provisions hereof shall bind and inure to the benefit of the parties hereto and their
successors and assigns.
SIGNED, SEALED AND DATED
q/,/�this
''�-�15th day of August , 2005 .
*1 lE L P--5 r: ateti '!/�/G'`�/( (SEAL)
1861
W LINTY CLERK T THE BOARD Operator Weld county Board of Commissioners
-tioL By: ���_
(� g
l�Z...�90 TY CLERK TO THE BOA Title: Chair. William H. Jerke
10 fir ,
AUG 1 5 2005
NOTARIZATION OF OPERATOR'S ACKNOWLEDGEMENT
STATE OF Colorado )
) ss.
COUNTY OF Weld )
The foregoing instrument was acknowledged before me this 15th
day of August , 2005 , by William H. Jerke / . •RY P
as Chair of Weld Count Board of Commissi.,'�
- — SKAHLN
• 'Y PUBLIC '9t• s.... .•'O�
P ,
` 4 Op COL°
My Commission expires: my gem,,,,,,, ,('plies Nay 15,2006
APPROVED:
State of Colorado
Mined Land Reclamation Board
Division of Minerals and Geology
By: Date:
Division Director
6427F.bnd
REVISED 6/96
a
EXHIBIT I
PUBLIC WORKS DEPARTMENT
Will 1111 H STREET, P.O. BOX 758
O GREELEY, COLORADO 80632
WEBSITE: WWW.CO.WELD.CO.US
COLORADO PHONE (970) 356-4000, EXT. 3750
FAX: (970) 304-6497
STATE OF COLORADO)
) ss
COUNTY OF WELD )
In Weld County, the Clerk to the Board performs those functions relevant to Board of
County Commissioner records actions, which are normally performed by the Clerk and Recorder;
therefore,the entire application, as attached, is on file with the Weld County Clerk to the Board.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County at Greeley, Colorado, this 151-h day of AU,Sr 2005
f
�� B CLERK TO THE/BOARD
IR61 �
4
. DEPUTY CLE TO THE B ARD
(r-,)''',f,:"
(t!
M:\Mining\Aushbaugh-Exh I.doc
MEMORANDUM
I TO: Donna Bechler. DATE: December 8, 2005
Clerk to the Board
FROM: Greg Nelson,
QMining Supervisor
•
COLORADO SUBJECT: Executed Documents
I signed the first document concerning the Notice.
We do not get back a copy of the other signature from the Division of Minerals and Geology;
they keep it in their files. I get a copy of the Permit Issuance; I have enclosed a copy.
If you have any more questions, please call me at Ext. 3750. Thank you.
M-,GREG AExecuted Does Memo.doc
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St.,Room 215 COLORADO
Denver,Colorado 80203 DIVISION OF
MINERALS
Phone:(303)866-3567 &
FAX:(303)832-8106 GEOLOGY
RECLAMATION•MINING
SAFETY•SCIENCE
Bill Owens
October 12,2005 Governor
Russell George
Executive Director
Mr.Greg Nelson Ronald W.Canany
Weld County Division Director
1111 H Street Natural Resource Trustee
P.O.Box 758
Greeley,CO 80632
Re: Ashbaugh Gravel Pit,M-2005-060,Permit Issuance-County Construction Material Operation
Dear Mr.Nelson:
On September 30, 2005 the Division of Minerals and Geology found Weld County to have satisfied the applicable
requirements of C.R.S. 34-32.5-101 et seq. for obtaining a mining and reclamation permit. Therefore, a permit is being
issued. Two signed originals of the permit have been executed. We have kept one copy for our files and are enclosing
one copy for your use. It is your responsibility to comply with all of the terms of the permit.
1. All of the original application materials,as amended and supplemented,are an integral part of your permit. They
have been incorporated into the permit by reference. We presume that you have a copy of all of these materials;
therefore, none have been enclosed with this mailing. We suggest that you keep a copy of the permit and the permit
application at the mining operation as a reference for operating personnel,to help ensure compliance with the terms of the
permit.
2. Changes in the mining and reclamation operations that differ from those described in the permit may require a
modification to the permit. We suggest consulting the Construction Materials Rules and Regulations and/or contacting us
to determine if a revision to the permit is necessary. Rule 1.10 pertains to Amendments,Rule 1.9 to Technical Revisions,
and Rule 1.11 to Conversions.
3. On your permit anniversary date each year, September 30, 2005, you must submit an annual fee and an annual
report to us. The annual fee for this permit is $281.00. Please consult the Act, Rules and Regulations, and your permit
for specific annual report requirements applicable to your mine.
If you have any uestions,please contact the Division.
Sine ly,
izcoc&&/ ce2t
RONALD W.CATTANY
Division Director
RWC/CBM/sme
Enclosure
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey
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