HomeMy WebLinkAbout20002920.tiff RESOLUTION
RE: APPROVE CONSTRUCTION MATERIALS SPECIAL 111 OPERATION •
RECLAMATION PERMIT APPLICATION AND PERFORMANCE WARRANTY 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 Construction Materials Special 111
Operation Reclamation Permit Application and Performance Warranty from 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, to the Colorado Department of Natural Resources,
Division of Minerals and Geology, 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 Construction Materials Special 111 Operation Reclamation
Permit Application and Performance Warranty from 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, to 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 application and warranty.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of November, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
Meit
COUNTY, COLOR DO
ice , _LA ch
ISMBarbara J. � meyer, hair
.� runty Clerk to the Board
P. I I � ile, Pro-Tem
eputy Clerk to the Board
eorg . Baxter
APPROVED AS TO FORM:
n a . all
I ountgorney1��
Glenn
2000-2920
EG0039
•
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver,Colorado 80203
Phone:(303)866-3567
FAX:(303)832-8106
DEPARTMENT OF
NATURAL
RESOURCES
• Roy Romer
Governor
James S.Lochhead
PERFORMANCE WARRANTY Executive Du-error
Michael B.Long
Division Director
Operator: Weld rnitnty Public Islorks
Operation: Harmony Farms Borrow Pit
Permit No:
KNOW ALL MEN BY THESE PRESENTS, THAT:
WHEREAS, the Colorado Mined Land Reclamation Act, CRS as amended, 34-32-101
et sue. (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 Harmnpy Farm< Rnrrniq 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 We 1 d 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 ofthe 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 this 22nd day of November , 2000 .
Operator }air Weld County Board of . / `�r�? s
[861 ���rkv
,
Tide: Chair Barra
(11/22/2000)
NOTARIZATION OF OPERATOR'S ACKNOWLEDGEMENT
STATE OF Colorado )
ss.
COUNTY OF Weld )
The foregoing instrument was acknowledged before me this 22nd
day of November , 2000 , by ik P
as Chair Of Weld Coun B. . . .,,i, ' ': a
; ESTHER E. :
�� • �I�. . .' GESICK : g
NOTARY PUBLIC • .
COI- T.
. ..
My Commission expires: At Gunton b.n Syria II 2001
APPROVED:
State of Colorado
Mined Land Reclamation Board
Division of Minerals and Geology
By: Date:
Division Director
6427F bud
REVISED 6/96
• STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
131 Department ens of NaSt.. Resources
Pin
131 3 Sherman 4., Room 215
Denver,Colorado 80203
Phone:(303)866-3567
FAX:(3031832-8106
DEPARTMENT OF
NATURAL
•
RESOURCES
CONSTRUCTION MATERIALS
SPECIAL 111 OPERATION Roy Romer
Governor
RECLAMATION PERMIT APPLICATION FORM
lames S.Lochhead
Executive Director
Michael B.Long
Division Director
The application for a Special 111 Operation Reclamation Permit contains four major parts: (1)
the application form; (2) Exhibits A-L, Addendum. 1, and any sections of Exhibit 6 . 5
(Geotechnical Stability Exhibit) , as required by the Office, and outlined in Rules 6 .1, 6.2, 6.3,
and 6.5, (3) the application fee, and (4) the Performance Warranty and if required a Financial
Warranty. 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-L, appropriate sections of Exhibit 6 . 5 (Geotechnical Stability Exhibit) , as
required, a check for the application fee described under (4) below, and the fully executed
Performance Warranty and Financial Warranty, if required. 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 the information requested below.
1. Applicant/operator or company name (name to be used on permit) :
Weld County Public Works
1.1 Type of organization (corporation, partnership, etc. ) : Government
1.2 I.R.S. Tax ID No. or Social Security Number: 846000813
2. Operation name (pit, mine or site name) : Harmoluy Farms Pit
3. Permitted acreage: 15- permitted acres
4. New Application New Fee as of 7/1/00 $731 .00 _., is_,...t application fee
5. Primary commoditie(s) to be mined: Dirt
6. Name of owner to the subsurface rights of affected land: Harmony Farms LLC
7. Name of owner to the surface of affected land: Harmony Farms LLC
a. Names of the holders of any recorded easements on the affected land: N/A
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 31
TOWNSHIP (write number and check direction) : T 7 X North _ South
RANGE (write number and check direction) : R 67 _ East X_ West
QUARTER SECTION (check one) : _ NE _ NW JL SE _ SW
QUARTER/QUARTER SECTION (check one) : _ NE _ NW ., SE _ SW
GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the
approximate elevation) : 3 miles north of Windsor on SH 957. then 1 1/2 mile west nn
WCR 74. Approximate elevation 4915'
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:0. Correspondence Information:
APPLICANT/OPERATOR (name, address, and phone of name to be used on permit)
Contact' s Name: Steve Iletie_nne Title: Foreman
Company Name: Weld County P4b1iC Works
Street: - 1111 H Street
City: Greeley
State: CO Zip Code: 80G32
Telephone Number: ( 970 ) - 356 4000 ext 3750
Fax Number: c970 ) - 304-6497
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name: Greg Nelson Title: Supervisor
Company Name: Weld County Public Works
Street: 1111 H Street
City: Greeley
State: CO Zip Code: 20632
Telephone Number: ( 970 ) - 16-40II0 pit 1750
Fax Number: ( 970 ) - 30A-6497
INSPECTION CONTACT
Contact's Name: • Title:
Company Name:
Street: _
City:
State: Zip Code:
Telephone Number: ( )
Fax Number: ( ) -
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( ) -
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City: •
State: Zip Code:
Telephone Number: ( )
-3-
11. Primary future (Post-mining) 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)
12. 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)
13. Estimated beginning date of contract: August 20, 2000
13 .1 Estimated completion date of contract: October 20. 2000
14. 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, to include holders of any
recorded easements
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
6.3.11 EXHIBIT K - Terms of Governmental Contract
6.3 .12 EXHIBIT L - Permanent Man-Made Structures
1.6.2 (1) (b) 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 permittee,
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.
Li4— 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;
C?�L. 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 Rules
and Regulations, or that information contained in the application or your permit
'/ misrepresent important material facts;
ter'/ 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;
v/ -4-
)f` 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
y, from the Board or Office;
v
5. It is your responsibility to notify the Office of any changes in your address or phone
number;
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.
hiL 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;
tl' 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 Rules and Regulations in effect at the time the permit is issued.
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, the percentage or stage of the contract
which has been completed, and the date the contract is to terminate, is 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 an permittee, to continue to pay your annual fee to the Office until
the Board releases you from your total reclamation responsibility.
J7k 10. For joint venture/partnership permittee: the signing representative is authorized
to sign this document when a power of attorney (provided by the partner(s) ) authorizing
the signature of the representative is attached to this application.
NOTE TO COMMENTORS/OBJECTORS:
It is likely there will be additions, changes, and deletions to this document prior to final
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 know 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's review and decision or
appeals process, you may contact the Office at (303) 866-3567.
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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 34-32.5-111 (2) (c) (ix) , C.R.S. ;
2. This entire mining operation will not affect more than 30 acres;
3. 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 for a permit,
(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.)
4. No mining operation will be located on lands where such operations are prohibited by law
(Section 34-32-115(4) (f) , C.R.S. ) ;
5. As the applicant/operator, I do not have any extraction/exploration 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, C.R.S. ) as determined
through a Board finding.
6. 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, as amended.
Signed and dated this 22nd day of November
Weld County Board of Commissioners If Corporation Attest ' ,,A
Applicant/Operator , ( Q 4*
ti
Signed: - " L- Signed:
Title: Chair, Barbara J. Kirkmeeyr ['Xa$raymmay
Deputy Clerk to the Board
State of Colorado
ss
County of Weld
The foregoing instrument was acknowledged before me this 22nd day of �. - ,. .; Ar .14-7
O
by Barbara J. Kirkmeyer as Chair ofionrrr,
BECHUR
Notary Publi O''pp16•,_:
My Commission expires: MiAMILt/gtf. i'Ar71o2pg
SIGNATURES MUST BE IN BLUE INK
01/27/97 2822PCO.111
MEMORANDUM
C. TO: Clerk to the Board DATE: November 21, 2000
COLORADO
FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Engin r
SUBJECT: Agenda Item
Please submit the enclosed items for the Board's November 21, 2000, agenda:
Authorize Chair to sign the Minerals and Geology Permit Application for Harmony Farms Borrow
Pit(WCR 74/15 Improvement Project.
The appropriate documentation is attached.
Enclosures
pc: Donald Carroll, Engineering Administrator
2000-2920
ts‘1, 14t7i MEMORANDUM
ITO:FROM:Board of County Commissioners DATE: November 20, 2000
Frank B. Hempen, Jr., P.E.
Willie Director of Public Works/County Engineer
COLORADO SUBJECT: Division of Minerals and Geology Permits for Harmony
Farms Borrow Pit
(WCR 74/15 Intersection Improvements)
Attached are the "Performance Warranty" and "Construction Materials Special 111
Operation Reclamation Permit Application Form" which are necessary to obtain approval
from the Colorado Division of Minerals and Geology for a borrow pit near the intersection
of WCRs 74/15. I request the Board authorize the Chair to sign these documents.
We negotiated the use of the borrow pit on the Harmony Farms tract (northwest corner of
intersection) in lieu of using pit run from our established gravel pits. By using material
available near the construction site, we realize savings in transportation costs and avoid
loss of our pit resources.
pc: WCR 74 and 15 files
m:\wpfiles\frank\m&g74-15.wpd
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