HomeMy WebLinkAbout851149.tiff RESOLUTION
RE: APPROVAL OF REQUEST FOR TRANSFER OF MINERAL PERMIT 81-287 TO
NIKOLAUS ARNUSCH 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, the Mined Land Reclamation Board of the Colorado
Department of Natural Resources has granted Mineral Permit Number
81-287 to the Weld County Board of Commissioners, and
WHEREAS, the Board has received a request that said Mineral
Permit, concerning the Arnusch Gravel Pit, be transferred to
Nikolaus Arnusch, and
WHEREAS, a copy of the request for transfer of mineral permit
and succession of operators is attached hereto and incorporated
herein by reference, and
WHEREAS, after review, the Board deems it advisable to
approve the transfer of said Mineral Permit to Nikolaus Arnusch.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the transfer of
Mineral Permit Number 81-287 to Nikolaus Arnusch be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is , authorized to sign said request for transfer.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 22nd day of
May, A.D. , 1985 .
aw �ry BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Jerk and Recorder �(1,I G1,
and Clerk to the Board cqu ine J.h son, Chairman
�,t}- 0 6 .r
NE
bylti,�cC¢i /XC Gene R. Brantner, Pro-Tem
putt' County C rk
EXCUSED DATE OF SIGNING - AYE
APPROVED AS TO FORM: C.W. Kirby
7I
G. d. ' 3: a67
County Attorney,
Frank Yamav,' chi /
851149
/ •
oF Coin \ DEPARTMENT OF NATURAL RESOURCES
as q
/ iii OO\ D Monte Pascoe.Executive Director
MINED LAND RECLAMATION DIVISION
DAVID C.SHELTON,Director
)876
Richard D.Lamm
Governor
REQUEST FOR TRANSFER OF MINERAL PERMIT AND SUCCESSION OF OPERATORS
I.
RECITALS
A. On November 9th , 1984 , the Mined Land Reclamation Board of
the Colorado Uepartment of Natural Resources (the "State") granted to
Weld County Board of County Commissioners , address p n Roy 75R
Greeley, CO 80632-0758 ( "Pernittee") permit number
81-287 (the "Permit") pursuant to which Permittee has been conducting a
mining and reclamation operation in the County of Weld , State of
Colorado.
B. Permittee wishes to assign the permit to Nickolaus Arnusch
, address 34527 WCR 6 Kppnechurg, Co 80643
, as Successor Operator ("Successor")
and successor wishes to (become successor iermittee under the permit.
C. Successor understands that the reclamation plan (the "Plan")
required by the permit and by applicable State laws and regulations has not
been completed and is willing to assume full responsibility for the completion
of the Plan.
II.
AGREEMENTS
Permittee and Successor hereby agree, for their own benefit and for the
benefit of the State, such agreements to be effective ipso facto upon the
approval by the State of the transfer of the Permit froPermittee to
Successor, as follows:
1. Successor has inspected the mining and reclamation operations to its
entire satisfaction and is fully aware of the condition thereof. Successor
understands and accepts all of the conditions of the Permit.
2. Successor will complete the reclamation plan, and hereby assumes
liability for completing such plan as to all areas heretofore disturbed, as
well as to all areas hereafter disturbed. Successor will perform all of the
obligations of the Permittee under the Permit which have not heretofore been
performed by Permittee.
423 Centennial Building. 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567
y 5 . Permittee agr 3 to indemnify and hold s lessor harmless from any
. ' claims against the successor arising out �f the operation of said
mining and reclamation operations by permittee .
-2-
3. Successor hereby tenders to the State its attached Performance and
Financial Warranties*, which are to be substituted for the Performance and
Financial Warranties heretofore filed Dy the Permittee, effective upon the
release of the latter Warranties.
4. Successor represents to the State that, to the best of its
knowledge, information and belief, it is not in violation of any of the
provisions of the Colorado Mined Land Reclamation Act with respect to any
other operation
conducted
bove ted by it in the State of Colorado.
Permittee and Successor hereby request the State to consent to the
assignment of the Permit, to recognize Successor as Successor Operator under
the Permit, and to accept the tendered substitute Performance and Financial
Warranties in place of the Warranties presently on file with the State.
* Attach executed Performance and Financial Warranties.
EXECUTED this 9th day of November , 1984 •
Board of County Commissioners
Weld County. Colnradn Nirknlauc Arnucrh
Name of Permittee Name of Successor
..eagnat l e of Of is r ig a ure or icer
Owner
`title Chairman Title
Permittee Jacqueline Johnson Successor Operator
ArrhSTATION
X FOR PERMITTEE
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 22nd day of
May , 1985, by Weld County Commiscinnerc as
permitted of 81--287 •
81y
Weld County Clerk and Recorder
My Commission expires and Clerk to the Bo- jeiY• 077c7x-c_/ i
puty County C erk
• • 3_
• •
NOTARY FOR SUCCESSOR •
STATE OF (10_^LrflRL4cto
) ss.
COUNTY OF ut el, A
The foregoing instrument was acknowledged before me this i Y day of
ldni , 14'rti; by JJi/La Ly-us I� rLiVaserq as
/ of
1 2
NOTARY PUBLIC
My Commission expires:
CONSENT OF STATE
(a) Consent is hereoy granted to the transfer of the Permit above
referred to from to
(b)
is hereoy recognized as Successor Operator unaer such Permit.
(c) The Performance and Financial Warranty substitution above proposed
is hereby accepted and approved.
STATE OF COLORADO
DEPARTMENT OF NATURAL RESOURCES
MINED LAND RECLAMATION BOARD
MINED LAND RECLAMATION DIVISION
Date: By
Division Director
(Rev. 8/83)
Doc. No. 4986
a
SHADE, DOYLE, KLEIN, OTIS&FREY
ATTORNEYS AT LAW
SUITE 300
GREELEY NATIONAL BANK PLAZA
RICHARD N.DOYLE GREELEY,COLORADO 80631 GREELEY TELEPHONE
HENRY C.FREY (303)353-6700
ROGER A.KLEIN
FRED I.OTIS DENVER METRO TELEPHONE
WILLIAM E.SHADE (303)659-7576
May 16, 1985
Mr . Dave Becker
County Engineer
933 North 11th Avenue
Greeley, Colorado 80631
RE : Arnusch Gravel Pit
Dear Mr. Becker :
Please be advised that this office represents Nikolaus
Arnusch who is requesting transfer of the county's mineral
permit to him. It is my understanding that your office is
in agreement with this transfer .
Enclosed please find the original request for transfer
of mineral permit and succession of operators on the Mined
Land Reclamation Division form that has been signed by Mr.
Arnusch. You will note that I have added a paragraph 5
with reference to any possible claims araising out of the
County's operation of the gravel pit before Mr. Arnusch took
over operation, as successor. I had spoken to either you or
Mr . Scheltinga with your office about this matter in November.
Would you please have the appropriate office and the Chairman
of the Board of County Commissioners sign where indicated and
have the chairman 's signature notarized and return the form
to me . Please let me know if there are any questions on this
matter.
Thank you for your courtesy and cooperation.
ry truly yours,
ein
Attor y at Law
RAK:mkm
cc: Mr. Nikolaus Arnusch
�!,� MAY 2 01985
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