The URL can be used to link to this page

Browse Search

Home My WebLink About840581.tiff RESOLUTION RE: APPROVAL OF SAND AND GRAVEL PERMIT FOR J. EHMKE 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 J. Ehmke Pit, located in the S1, Section 7 , Township 10 North, Range 59 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, the Mined Land Reclamation Division, Department of Natural Resources, has issued Permit Number 83-201 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 83-201 issued by the Mined Land Reclamation Division, Department of Natural Resources, authorizing the aforementionedsand 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 .1.711a7l/Ai vo.+424/W �Gv✓ BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk _and Recorder6t--- and Clerk to the Boar Norman Carlson, Chairman B eputy County Clem qu \114.94 Jo n 'n, Pro-Tem APP VED AS TO FORM: Y��_ 411t- Gene .rantner County Atto .ney Ch ck Carlson R&B:Easements ohnTT. Martin p�� 030784 840581 A .' of coz CH� \op DEPARTMENT OF NATURAL RESOURCES +/77 David H.Catches.Executive Director - a /8764 MINED LAND RECLAMATION DIVISION DAVID C. SHELTON, Director a `- d Richard D.Lamm 'H Governor ,_ _tee• _ MINING AND RECLAMATION PERMIT - MINERALS OTHER THAN COAL Permit Number: 83-201 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 J . EHMKE 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 County _ al ( • C(6(-7 Operator Division Director BY Norman Carlson, Chairman of Board NOTARIZATION OF OPERATOR'S ACKNOWLEDGMENT STATE --') ) ) ss. CUUNTY OF L. D J ( O ) The foregoing instrument was acknowledged before me this , day ofZl1.,4_ , F cL by Th2r—L-1 --.- ( CLA _121-,--, as G �e , . of i , ) /../ d (r„ , . . ..77 , t e erator. (\ ( ,1a APP i' A—, \--NOTARY PUBLIC LY )/ S - /3 ADDRESS ADDRESS // 4ifor, / C/ My Commiysion expires: g --Ih -5- EXHIBIT A File Number: 83-201 Operation Name: 3 . EHMKE JIT Legal Description: 5% Sar 7 TION R59W of tha Rth P M Acreage: 9.955 County: Weld State: Colorado Art Doc. 1858 (Rev. 4/84) STATE OF COLORADO RICHARD 0.LAMM.Governor DEPARTMENT OF NATURAL RESOURCES D.Monte Pascoe,Executive Director MINED LAND RECLAMATION ' 423 Centennial Building, 1313 Sherman Street _ Denver,Colorado 80203 Tel.(303)866-3567 David C. Shelton Director February 23, 1984 Mr. Don Carroll Weld County - Department of Engineering 933 North 11th Avenue P.O. Box 758 Greeley, Colorado 80632 RE: LEHR PIT, J . EHMKE PIT, SHEFFLER PIT - File Nos. 83-213, 83-2.01 and 83-202 Dear Mr. Carroll : Enclosed please find two original permits for each of the above cited operations. Please have each copy signed by the appropriate county official and that signature notarized. Return ONE copy of each permit to this office within two weeks for our files. Thank you for your cooperation. Sincerely, se°441dial James B. McArdle Senior Reclamation Specialist JBM/pjh Enclosures 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: 51/2, Section 12 , Township 10 North, Range 60 West of the 6th P.M. , Weld County, Colorado Proposed date of commencement: February 1, 1984 Proposed completion date : Approximately five 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 LEGAL NOTICE NOTICE STATE OF COLORADO. 1 Pursuant to the noticeprocedures of ss County et Weld. a Mined Land Rethefomannn Board.pit State sadaf nd avet application eationisg on for sand ar gravel he office ofIs un fil for 1 1,� ' IV ] 1-4 public review In the of the Clerk to of the Board oe County Commissioners leaded in the Weld County said County of Weld. being duly"sworn, soy that— Center, 915 10th Street,Third Floor, I am publisher of Greeley,Colorado r{" . . 4 I r. APPLICANT: Weld County that the same is a weekly newspaper of general 915 10th Street circulation printed and. P.O.Box758 5> lcof t. LOCATION: in said county and state: that the notice or adver- $44. Section 12,Township 10 North. tisement. at which the annexed is a true copy. Range 60 West of the 6th P.M.,Weld has been published to said weekly newspaper County.Colorado Proposed date of commencement: for - - '�' consecutive February 1,19&4 weeks. that the notice was published in the regular and entire issue of every number at said co mpletion pletton date: newspaper dur:ng the Averoalnnep five yearsPenod and tame of puhli- cation of said notice and in the newspaper Proposed future use of affected land: proper and not in a supplement thereof: that the Prams grassland first publication of said nonce was contained in location where additional information the issue at said b on the operation nay be obtained: Oe newspaper eannc data the Weld County Department of day ofEngineering IM Avenue the last publication tnerecf. in the issue of fleaslay.CO SO8.T1 said newspaper bearing dote. the i 2_ day at TeltMoee 358.4000.mtaWon 4750 - - Location and find date for filing abler- r+` i 9— that the said tom with the'Mlaed Land Reclamation Board: ((11 January 20.198{ Its_ �L <� Mined Land Reclamation has been published continuously and uninterrupt- 423 Cantinas]Cantinas]Building 13135hennan Street ed!y during the period al at !east fifty-two con. Denver,CO 80203 secutve weeks next prior :a the first issue thereat Telephone-8663567 containing sate nat:ce or advertisement above Date.time and place set for consider.- referred to,- cnd that said newspaper was at the don by the Mined Land Reclamation Board gktawne time of each of the publications of said notice. January ss.m,nu . duly qualified far that purpose within the mean. Mlnedland Reclamation ing of an act, entitled. An Act Concerning Leaai @3 Centennial Building Notices. Advertisements cnd Publications. and 1313 Sherman Street • Denver,CO 80203 the Fees of Printers and Publishers thereof, and THE BOARD OF COUNTY to Repeal ail Acts and Pans at Acts in Conflict COMMISSIONERS. with the Provisions of this Act." approved April i, WELD COUNTY.COLORADO 1921, cnd all amendments thereof, and perncu• BY:MARY ANN FEUERSTEIN lady as amended by an act approved. March 30, COUNTY CLERK AND 1923. and an act approved May 18. 1931. RECORDER AND CLERK TO THE BOARD BY:Mary Reiff,Deputy DATED:January 4,1981 Publisher Published in the La Salk LeaderSubscribed and sworn to before me this i Thursdays.January 5 and 12.1989. My comrssicn expires . Notary Public Hello