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Home My WebLink About841128.tiff RESOLUTION RE: APPROVAL OF SAND AND GRAVEL PERMIT FOR SHEFFLER PIT AND AUTHORIZATION FOR CHAIRMAN 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, Weld County did apply for a mining and reclamation permit for a sand and gravel pit, known as the Sheffler Pit, located in the SW4, Section 5 , Township 11 North, Range 67 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, the Mined Land Reclamation Division, Department of Natural Resources, has issued Permit Number 83-202 to Weld County, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS , after study, the Board deems it advisable to approve said permit and authorize the Chairman to sign same. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that Permit Number 83-202 issued by the Mined Land Reclamation Division, Department of Natural Resources , authorizing the aforementioned sand and gravel pit, be, and hereby is , approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is , authorized to sign said permit. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 5th day of March, A.D. , 1984 . �J t- BOARD OF COUNTY COMMISSIONERS ATTEST: ° ' t1 ClAw. '^ WELD COUNTY, COLORADO ],p-y Weld County Clerk an Recorder � �-,.,.,^ r_ Ca-ran-- Cle1�k to the ,Boar Norman Carlson, Chairman By: ;'2 -9 �-, `1l GQA_4 ��.n4 rf K,_ JJDe��puty County Clerk line J nson, Pro-Tem APPRBVED AS TO FORM: a Saz t-- Gene R. Brantner Count e C uck Carlson l✓ f� ��`j,vv r. , /ll _- R&B: Easements hn T. Martin 030784 841128 o DEPARTMENT OF NATURAL RESOURCES * ) * David H.Getches,Executive Director * *, MINED LAND RECLAMATION DIVISION x /876 x DAVID C.SHELTON, Director • Richard D.Lamm Governor • MINING AND RECLAMATION PERMIT - MINERALS OTHER THAN COAL Permit Number: 83-202 Type of Permit: 110 Permit Date: February 16 , 1984 (Anniversary date for annual report and fees purposes) THIS PERMIT is issued by the Mined Land Reclamation Board, Department of Natural Resources, State of Colorado. RECITALS A. Weld County - Department of Engineering - Road and Bridge (the "Operator") desires to conduct a mining operation known as SHEFFLER PIT for the purpose of extracting sand and gravel B. On January 26 1984 , the Mined Land Reclamation Board (the "Board") approved the Operator' s application for this permit, fixed • the amount of the financial warranty and directed that this permit be issued upon the filing with the Mined Land Reclamation Division (the "Division") of performance warranty and financial warranty (or warranties) in the amount so fixed in form and substance approved by the Division. Said warranties have been filed with the Division. C. On January 26 , 1984, the Board made the following findings: 1 . The application for this permit complies with the requirements of the Colorado Mined Land Reclamation Act, C.R.S. 1973, 34-32-101 et seq. , as amended, and with all applicable local , state and federal laws; 2. The operation will not adversely affect the stability of any significant, valuable, and permanent man-made structure located within two hundred feet of the Affected Land, except where there is an agreement between the Operator and the persons having an interest in the structure that damage to the structure is to be compensated for by the Operator; and 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866.3567 • -2- 3. The proposed mining and reclamation operations can be carried out in conformance with the requirements of the Act. D. The Operator has made a showing satisfactory to the Board: 1 ) that it will employ, during and after its underground mining and/or surface operations, procedures designed to minimize environmental disturbance from such operation; 2) that it will provide for reclamation of the Affected Lands appropriate to the subsequent beneficial use of such lands; and 3) that, in the event of the failure of its proposed reclamation plan, it will take whatever measures may be necessary to assure the success of reclamation of the lands affected by such operations in accordance with the Act. E. A copy of the Operator's application, as amended and supplemented, has been approved by the Board and is, by this reference, incorporated herein. F. The Mined Land Reclamation Board advises the Permittee that all mining operators must comply with all applicable Federal , State and County statutes, including State water law. GRANT, CONDITIONS AND AGREEMENTS The Board, in reliance upon the representations and promises made in such application, as amended and supplemented, hereby issues a life of the mine permit to the Operator, to engage in the operations described in the application on certain lands lying in the County of Weld State of Colorado. These lands are described in Exhibit A, attached hereto, and are referred to herein as the "Affected Lands". This permit is issued subject to the following conditions and • agreements: 1) The Operator agrees to be bound by all applicable requirements of the Act and all applicable rules and regulations of the Board, as amended from time to time. 2) The Operator will file with the Division its annual report and fees on each anniversary date of this permit. 3) If analyses of the mining and reclamation operation and the data collected through monitoring and experimentation by the Operator or monitoring by the Division indicate that the operation will not be able to comply with the requirements of the Act and applicable rules and regulations of the Board, the Operator hereby agrees to exercise its best efforts, after consulting with the Division, to modify the plans to correct such deficiencies in the future. Such modifications may require technical revisions or amendments to the permit. 4) This permit may be revoked or suspended for non-compliance with the Act or applicable rules or regulations promulgated by the Board. 5) a) Pursuant to 34-32-118(5) of the Act, the Board has a right of entry to reclaim the lands affected by the operation. -3- i . that reclamation required by law to have been performed upon such lands has not been performed, and ii. that financial warranty forfeiture proceedings described in the Act or similar provisions of subsequent laws, if any, have been initiated. 6) The additional stipulations set forth in the attached rider, if any, are incorporated herein by reference. / / a) Rider is attached. b) No rider is attached. ACCEPTED AND AGREED: MINED LAND RECLAMATION BOARD MINED LAND RECLAMATION DIVISION COLORADO DEPARTMENT OF NATURAL RESOURCES Weld 2 County / : i 1L.' l ' / Operator Division Director By -sc-m.s_..` C z Norman Carlson, Chairman of Board NOTARIZATION OF OPERATOR'S ACKNOWLEDGMENT STATE / ss. COUNTY OF / )7_ 4 ) The foregoing i strument was acknowledged before me this day of , / �_��, -�. by1 as of (// !, ) / it-Lc � Operator. 1 NOTRY A PUBLIC ( S— — ADDRESS ADDRESS / I My Commission expires: lJ r ' t _ -5- EXHIBIT A File Number: 83-909 Operation Name: CHFFFIFP PTT Legal Description: CW, cPC 5. T1jN, P 7W of the Fth P M Acreage: 9.979 County: Weld State: Colorado /mt Doc. 1858 (Rev. 4/84) NOTICE Pursuant to the notice procedures of the Mined Land Reclamation Board, State of Colorado, the following open pit sand and gravel application is on file for public review in the office of the Clerk to the Board of County Commissioners located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado APPLICANT: Weld County 915 10th Street P .O. Box 758 Greeley, CO 80632 LOCATION: SWa, Section 5, Township 11 North, Range 57 West of the 6th P.M. , Weld County, Colorado Proposed date of commencement: February 1, 1984 Proposed completion date: Approximately three years Proposed future use of affected land: Prairie grassland Location where additional information on the operation may be obtained: Weld County Department of Engineering 933 North 11th Avenue Greeley, CO 80631 Telephone 356-4000 , extension 4750 Location and final date for filing objections with the Mined Land Reclamation Board: January 20 , 1984 Mined Land Reclamation 423 Centennial Building 1313 Sherman Street Denver, CO 80203 Telephone - 866-3567 Date, time and place set for consideration by the Mined Land Reclamation Board, if known: January 25 , 26 , 1984 Mined Land Reclamation 423 Centennial Building 1313 Sherman Street Denver, CO 80203 THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: January 4 , 1984 PUBLISHED: January 5 and 12 , 1984, in the LaSalle Leader • Affidavit of Publication STATE OF COLORADO. ss. County of Weld. r. . —pRU ( m fct c; ,cc.t.c,t of said County of Weld. being duly-sworn, say that.- am publisher of k . S«.(712 (ti Ercrd. r that the same is a weekly newspaper of general circulation pad\ primed end published in the town of /V 4 Sa((-€ in said county and state: that the notice or adver• tisement. of which the annexed is a true copy, y9s//yyppsssd�e��. has been published/ in said weekly newspaper LEGAL'NOTICE ng ISIS Shone*SBaet for I�'' ( 1/ ronsecative NOTICE Denver,CO ono weeks- that the notice was published in the T$nh^m ,II60.3567, regular and entire issue of every number of said Pennant to the node.Procedures of Ue epee•anti the Mined kand ReellIM Board dwan bteaWLn- newspaper during the period a and time at p pe SsendCokra�b.tl idellueM epenptl a{lbMined 1 Becflal n cation of said route and in the newspaper Pealed fltryh�PYeatlaaYm al.fm Lary?:$•M 19N proper and not in a le:nent thereof: 'hat the Ped wine In the ate of ad the d m su PP tM.Seed dCatrgCmm�hesttae Led RaClaned0ii first publication of said notice was contained in leaded Is the Wed Comfy Canetdel insthe issue of said newspaper 'Deanna date. the Caere 916 151h Serest,Thhd limb Gntley.Coleeede Otiwr•CO 9SpS. —12-- day of _)aim . n.D., 19 5 f APPLICANT: TMEBOARDOy COUNTY and the last publication tnercaf, in the issue of Weldteedey COMMISSIONERS said.aewspcper bearing date, the /2 day of 915/MStr wan comm.cowitADo l �'� 19 �(//�` P.O. BY:MARY ANN FEUERSTEIN �� that the said , •COMM COUNlY CLERK AND ►ouTarc RECORDER a �c ( l _ r t_8 t ,- an,togas A ulna II North. TOME BOARD ._ - .. Riffle 5T Wet of the Oh LM..Wei has been published continuously and unmterrupt- Ce�etyC.1knb °Mere R°W'D°e°t° edly during the period of at least fifty-two con- Proposed dnedea_____eru; DATED:Jann•re,19N aecunve weeks nisi prior to the first issue thereof Felinity 1.ion PIS, d to la Sale lender containing said notice or advertisement above Pretense cereeleaee dies, 7hap,January S.na III.19 referred to: and that said newspaper was at the time at each of the Apprmlmans.trwysm -- - - - publications of said notice, duly qualified for that purpose within the mean- Pro Peale posed Store we of allected lenting of as act. entitled. "An Act Concerning Legal sirseoNotices. Advertisements and Publicanons, and Lecetlee where edSilornl infornunion the Fees of Printers and Publishers thereof. and ea me apnoea anybe obtained: to Re Weld County Department of peal all Acts and Parts of Acts in Conflict Eagliosenne+ sin memo with the Provisions of this Act" approved April 7. 1Gr 1 North eley,CO 00631 1921. and all amendments thereof, and panica- TeNpheae 35.4000.extension 4750 lady as amended by an act approved. March 30. 1923, and an act approved May,18, 1931. LneeBon and final date for Ming ohjec- lots with the Mined Land Reclemetlon Board: January Po,1980 � '� L C/�YiCi� Mined Laid p«Wneaon bLishher Subscribed on ^3}.-arn to before me this ._.'Cri day of LILl4,...._............... A.D.. 19./V My commission expires ___.��_7. O Notary Public EY i”,tr.f", C. 81)631 Hello