HomeMy WebLinkAbout20260559 ® COLORADO
Division of Reclamation,
DNR Mining and Safety
Department of Natural Resources
August 4, 2025
Nate Gibson
Weld County Public Works
1111 H St.
PO Box 758
Greeley, CO 80632
Re: M-2005-060,Ashbaugh Gravel Pit
Performance Warranty Release Request(SL-2)
Dear Nate Gibson:
I am pleased to inform you that on August 4, 2025 the Division of Reclamation Mining and
Safety released Weld County from further responsibility for the Ashbaugh Gravel. Enclosed is
the Performance Warranty that you originally provided. This operation is released in its entirety.
Sincerely,
Sara Stevenson-Benn
Financial Warranty Specialist
Enclosure
Cc: Nikie Gagnon, DRMS
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C 4(61, 2026-0559
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Physical Address: 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 v <9-=, o
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Mailing Address: DRMS Room 215, 1001 E 62nd Ave, Denver, CO 80216 https://drms.colorado.Rov * ' L;
Jared S. Polis, Governor I Dan Gibbs, Executive Director I Michael A. Cunningham, Director */876
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources 601Plyi
•
1313 Sherman St.,Room 215
Denver,Colorado 80203
Phone:(303)866-3567
FAX:(303)832-8106
REI;, �°' = DEPARTMENT OF
NATURAL
• AUG 7 7 2005 RESOURCES
• Roy Romer
0I1/ISIGB1 of NO10,5y Governor
PERFORMANCE WARRANTY James S.Lochhead
Executive Director
Michael-B.Long
Division Director
Operator: Weld County Public Works -
Operation: Ashbaugh Gravel Pit
Permit No: I nUO6 O r) 0
KNOW ALL MEN BY THESE PRESENTS, THAT:
WHEREAS, the Colorado Mined Land Reclamation Act, CRS as amended, 34-32-101
et se . (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
WWI slate `C1zlos 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 fording 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.
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The provisions hereof shall bind and inure to the benefit of the parties hereto and their
successors and assigns.
SIGNED, SEALED AND DATED this 15th day of August , 2005 .
SIEL4 4-1411/4/144 (SEAL)
' Operator Weld county Board of Commissioners
1861 W UNTY CLERK T THE BOARD
B By:
:esk:D UTY CLERK TO THE BOA Title: Chair, William H. Jerke f005
NOTARIZATION OF OPERATOR'S ACKNOWLEDGEMENT
•
STATE OF Colorado )
SS.
COUNTY COUNTY OF Weld )
The foregoing instrument was acknowledged before me this 15th •
day of August , 2005 , by William H. Jerke / t RY P . '`�•
as Chair Of Weld County Board of Commissist i*Q••' •:ei�s's
SHAROIV
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My Commission expires:
ay 15,2006
•
APPROVED:
State of Colorado
Mined Land Reclamation Board
Division of Minerals and Geology
By: 66'3Date:
Division Director
6427F.bnd
REVISED 6/96
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