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Home My WebLink About20053335.tiff RESOLUTION RE: APPROVE PERFORMANCE WARRANTY FOR MINING PERMIT OF THE J AND S 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 Performance Warranty for the Mining Permit of the J and A 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 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 J and S 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 Performance Warranty. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 14th day of November, A.D., 2005. BOARD OF COUNTY COMMISSIONERS E WELD COUNTY, COLORADO ATTEST: Lk/ H e�� A/illiam , Chair Weld County Clerk to the oa 71; C / i` ` ells, Pro-Tem BY: anD uty erk to the and DaxiC E APP AS R M: \`��Oak Robert D. Masden my Attorney h�Q� Glenn Vaad Date of signature: 2005-3335 EG0052 /1( : f ) 0 cyu:(1) //--z9-o.3 rictiv‘" , MEMORANDUM lURe COLORADO TO: Clerk to the Board DATE: November 7, 2005 FROM: Frank B. Hempen, Jr., P.E. . Director of Public Works/County Engineer SUBJECT: Agenda Item Two original Performance Warranty with the State of Colorado for exploration on the proposed J&S Fiscus pit to dig test holes. Please send one signed original Performance Warranty to Public Works. Also enclosed is Notice of Intent to Conduct Exploration Operations to the J & S Fiscus Gravel Pit. pc: Jeff Jerome, Operations Division Manager Greg Nelson, Mining Supervisor M 9FrancleWgend-l.doc 2005-3335 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1 313 Sherman 5t.,Room 215 COLORADO Denver,Colorado 80203 DIVISION OF Phone:(303)866-3567 MIN &RA L S FAX:(303)8328106 GEOLOGY RECLAMATION•MINING SAFETT•SCIENCE PERFORMANCE WARRANTY Bill Owens Governor Russell George Executive Director Ronald W.Gattany Weld County Public Works Division Director Operator: Natural Resource Trustee Operation: J & S Fiscus Gravel Pit Permit No: NOI Application This form has been approved by the Mined Land Reclamation Board pursuant to sections 34-32-117, C.R.S., of the Mined Land Reclamation Act and 34-32.5-117, C.R.S.,of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form, without approval by the Board shall result in the financial warranty being invalid and result in the voiding of any permit issued in conjunction with such invalid financial warranty and subject the operator to cease and desist orders and civil • penalties for operating without a permit pursuant to sections 34-32-123, C.R.S., of the Mined Land Reclamation Act and 34-32.5-123, C.R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. KNOW ALL MEN BY THESE PRESENTS,THAT: WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et seq. (the "Act"), as amended, and the Colorado Land Reclamation Act for the Extraction of Construction Materials, C.R.S. 34-32.5-101 et seq.(the"Act"'),as amended,provides that no permit maybe 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 Fiscus Pit #2 (NOI application)(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 fmancial warranty, which may be amended from time to time to reflect revised estimates of said costs of reclamation. Office of Office of Colorado Mined Land Reclamation Active and Inactive Mines Geological Survey -2 - 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. 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)or34-32.5-l12(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 fluffier 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 maybe amended from time to time. The Operator agrees that it will maintain a financial warranty(or war anties) 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 ofCounty orMunicipal 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 responsibilitybut 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. 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 this Loth day of November 2OO5 • e f Weld County Public Works (SEAL) �`y `% Operator tE61 I By: � 1 terV ei•+ • �, William H. Jerke (11/14/2005) Vet, \> Title: Chair. Weld County Board 4114..r00 of Commissioners NOTARIZATION OF OPERATOR'S ACKNOWLEDGEMENT STATE OF Colorado )ss. COUNTY OF Weld ) The foregoing instrument was acknowledged before me this 14th day of November 2005 by William H. Jerke as Chair of Weld County Board of C.ommissione n VANFO V i don l 9 ,: NOTARY NO Y P C PUBOG My Commission expires: I" I j 200'2 APPROVED: My Commission Expires May 19.2009 State of Colorado Mined Land Reclamation Board Division of Minerals and Geology By: Date: Division Director MAmiaMhnSNondOansWaPo®vee Wummtydoe (D5/262004) • .2005- 3335 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St.,Room 215 Denver,Colorado 80203 COLORADO Phone:(303)866-3567 DIVISION OF FAX:(303)832-8106 MINERALS GEOLOGY RECLAMATION•MINING SAFETY•SCIENCE NOTICE OF INTENT TO CONDUCT EXPLORATION OPERATIONS Bill Owens Governor This form is for all construction material minerals. Greg E.Welcher Executive Director If you Plan to cordial exploration on any lands in Colorado,then you must provide all information described in Ronald W.canny this form"Exploration"is defined in Rule 1.1(13)of the Construction Material Rules and Regulations and is Division Director discussed in greater detail in the"Exploration Information"form. Each of these can be obtained from the office Natural Resource Trustee of the Division of Minerals and Geology(DMG). If you plan to conduct exploration on BLM land,you should also include the information on pages 5 and 6 of this form. All information provided the Mined Land Reclamation Board(MLRB)in this Notice of Intent will be protected as confidential information by the Board and not be a matter of public record in the absence of a written release from the Operator or upon a by the Board that reclamation is satisfactory. ing * Information on this form which is not b law,but r�bywhich,if provided,will assist the Board in timely processing and release of financial warranty obligations. 1. DATE OF FILING OF THIS NOTICE OF INTENT: October 2005 2. Fri&la' PERSON MLRB SHOULD CONTACT: Name:Weld County Public Works Name: Greg Neil con Address:P. 0. Box 758 Address: same Greeley. CO 80632 Phone: (970)304-6496 Phone: Game 3. APPLICATION FEE: $94.00 4. DESCRIPTION OF THE LANDS: Site Name: J & S Fiscus Gravel Pit Location: The land is located primarily within*Section 7 & Township 1 ON Range 57 W * 6th Prime Meridian,*County Weld NOTE: Supply longitude and latitude if lands have not been surveyed 40°51'00" 103°47'00" *Land Ownership: Private Jack & Shirley FiscusJorpublic(specify agency) Estimated acreage of land surface to be affected: 2 to 3 acres Please attach a USGS 7.5 minute quad,or similar map of adequate scale,which locates the exploration site(s). Office of Office of Mined Land Reclamation Active and Inactive Mines Colorado Geological Survey &CGS- S 5. ESTIMATED DATES OF COMMENCEMENT AND COMPLETION: Commencement: November 2005 completion: November 2005 6. *11QNERAL(S)AND/OR RESOURCE/Si BEING INVESTIGATED: Gravel and sand 7. TYPE OF OPERATION: Describe the type of operations,which will be undertaken in conducting the exploration operations. Include equipment to be used, access and site construction requirements, type of disturbance (drill holes, trenching, shafts, etc.), anticipated relationship to surface and subsurface water (proximity to streams, penetration of ground water aquifers), sampling procedures(fluid,bulk,geophysical,etc.)and any other pertinent information(attach additional page,if needed). Weld County will use a trac-hoe to dig test holes. The test holes will be approximatley 10' x 10' and approximately 15' to 20' deep to examine the type and quantity of gravel. Ton soil will bestripped and replaced im- mediately after examining and refilling test holes. Plan on 6 to 10 tests holes over the site. To access site, there is an existing reoad to enter, We will travel across priarie and sistrube as little as possible. There is no surface or subsurface water to be encountered. Sampling procedures: site and screening. 8. RECLAMATION MEASURES: State the measures to be taken to reclaim any affected land,and/or permanently abandon any drill hole,consistent with the applicable requirements of Rule 3 and Rule 5 and any applicable regulations promulgated thereunder by the Board(attach additional page,if needed). We will immediately put material back into test holes, compact and replace stripped topsoil. -3- 9. The Board suggests that a photographic record of the pre-exploration and post-exploration conditions be kept by the explorer. These photos should be taken from the same location and by the same method to clearly show the pre-exploration condition of the land and the reclamation efforts. Upon completion of reclamation and request for bond or sunetyrelease,the Board shall consider the photos as evidence of adequate reclamation,and thus,be able to act more quickly on the request for release.* 10. TERMS AND CONDITIONS FOR EXPLORATION OPERATIONS: • A. Reclamation measures shall be fulfilled in a timely manner. B. The exploration operations described in this Notice will be conducted in such a manner as to minimize surface disturbances. In addition to the measures required in Rules 3.1 and 5.5.2,precautions to be taken include: 1. Confinement of operations to areas near existing roads or trails,where practicable; 2. Drilling shall be conducted in such a way as to prevent cuttings and fluids from directly entering any dry or flowing stream channel; 3. Timely abandonment of drill holes upon completion as required by Rule 5.4; C. It is the explorer's obligation to conduct the exploration operations in such a manner as to comply with all applicable state and federal air and water quality laws and regulations. D. The exploration operations shall be conducted so as to minimise adverse effects upon wildlife. E. During the exploration operations,the operator will perform the necessary stabilization and reclamation work to prevent significant alteration to the geomorphic processes at the site. F. All exploration operations shall be in compliance with the Colorado Land Reclamation Act for the Extraction of Construction Materials,as amended,and any rules and regulations promulgated pursuant thereto. G. The Board shall determine(where there is a question)if an operation is exploration or mining. H. A financial warranty must be provided for the cost of reclamation of the disturbance described in this Notice. The explorer can either file a"One Site Exploration Financial Warranty"or a"Statewide Financial Warranty." Note: A One-Site Exploration Financial Warranty should be filed in the amount of$2,000.00 per acre of land to be disturbed or such other amount as determined by the office, based on the projected costs of reclamation. A statewide Financial Warranty must be posted in an amount determined by the Office. The explorer will post a surety in the amount of$ performance warranty The undersigned understands,accepts and agrees to comply with the foregoing terms and conditions and with all of the provisions of Rules Sigaat f lFplorer/C��t � !1 In 3 l/� VVV " Date ProspectingM:Vrtin\sharc Fonas\NOI Exploration App.doe(12/2/2003) D MEMORANDUM C. COLORADO TO: Donna Bechler, Clerk to the Board DATE: March 27, 2006 FROM: Francie Collins SUBJECT: Item for Recording; Document #2005-3335 Please record the enclosed response from the Department of Army, Corps of Engineers. No signed Performance Warranty will be returned;however,the letter from Erica S. Crosby, State of Colorado dated December 21,2005,is our record of acknowledgement for recording purposes on the J & S Fiscus Gravel Pit Performance Warranty. pc: Greg Nelson, Mining Supervisor Department of Army, Corps of Engineers Geisert Pit Mitigation M:AFrancieAAgenda Road Closures.doc STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St.,Room 215 COLORADO Denver,Colorado 80203 DIVISION OF Phone:(303)866.3567 MINERALS FAX:(303)832-8106 GEOLOGY RECLAMATION•MINING SAFETY•SCIENCE Bill Owens Governor Russell George Executive Director December 21, 2005 Ronald W.Cattany Division Director Natural Resource Trustee Mr. Greg Nelson Weld County Public Works Department 1111 H Street P.O. Box 758 Greeley, CO 80632 Re: J&S Fiscus Gravel Pit,Notice of Intent No. P-2005-032 Dear Mr. Nelson We have received your adequacy review response for the J&S Fiscus Gravel Pit, Notice of Intent to Conduct Exploration Operations, P-2005-032. Our initial review indicates that you have satisfied the requirements of the Colorado Mined Land Reclamation Act and may proceed with your exploration project. If we have any further questions, we will contact you. Si rely, Erica S. Crosby Environmental Protection Specialist cc: Carl Mount; DMG Suzi Ericksen; DMG Office of Office of Colorado Mined Land Reclamation Active and Inactive Mines Geological Survey Hello