HomeMy WebLinkAbout20260560 aCOLORADO
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-1987-186, Peters Pit No 2
Performance Warranty Release Request (SL-1)
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 Peters Pit No 2. 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
d r'"UN I.621,1 2026-0560
03/l6/26
"ozo,p
Physical Address: 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106
Mailing Address: DRMS Room 215, 1001 E 62nd Ave, Denver, CO 80216 https://drms.colorado.Rov **` �) *
• *
Jared S. Polis, Governor I Dan Gibbs, Executive Director I Michael A.Cunningham, Director *1876
/4
Z.°F °�^ STATE OF COLOFADO
ty. -; ;-% .
* 4,'49 t * Roy Romer, Governor
*1876 V
DEPARTMENT OF NATURAL RESOURCES MINED LAND RECLAMATION DIVISION , ,,a,�ti
FRED R. BANTA, Director �
PERFORMANCE WARRANTY (f] t{f T ,
Operator: Weld County APR 111988
Operation: Peters Pit No. 2 - MINED -i'';
RECLAMATi N DrifgVON
Permit No: M-87-1V
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, provides that no permit may be issued under
E e 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 (the "Operator"), has applied for a permit to
conduct a mining operation known as Peters Pit No. 2 (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 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.
423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203-2273 Tel. (303) 866-3567
•
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.
The provisions hereof shall bind and inure to the benefit of the
parties hereto and their successors and assigns.
Signed and dated this tii}`' day of A+A.. Q Qom .
Weld County
Operator
By6—/014- )
NOTE: Notarization must also be completed on following page.
r, •
•
NOTARIZATION OF OPERATOR'S ACKNOWLEDGMENT
STATE OF (' e.,,Q , )
) ss.
COUNTY OF La Q 5) )
The foregoing instrument was acknowledged before me this /7+ - day
of A ! q , by
as OSA elr ) ,o , c _C4 v of <ka f rr ��� •
•
NOTARY PUBLIC
My Commission expires:
Lo - 8- 90
APPROVED:
State of Colorado
Mined Land Reclamation Division
Mined Land Reclamation Board
By /I( ( Date ✓�, 2 , l
/ Di re6 or /
Hello