HomeMy WebLinkAbout851150.tiff RESOLUTION
RE: APPROVAL OF SAND AND GRAVEL PERMIT FOR LYNESS GRAVEL PIT AND
AUTHORIZE 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 Lyness Gravel Pit,
located in the SEQ SE4 of Section 31 , Township 9 North, Range 61
West of the 6th P.M. , Weld County, Colorado, and
WHEREAS , the Mined Land Reclamation Division, Department of
Natural Resources , has issued Permit Number M-85-053 to Weld
County, a copy of which is attached hereto and incorporated herein
by reference, and
WHEREAS, after study and review, 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
Commissioners of Weld County, Colorado, that Permit Number
M-85-053 , issued by the Mined Land Reclamation Division,
Department of Natural Resources , authorizing the aforementioned
sand and gravel pit, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be , and
hereby is, authorized sign said Permit.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 12th day of
June , A.D. , 1985 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: ‘11/1 /7 .-1- o : WELD COUNTY, COLORADO
•
Weld County Clerk and Recorder �• .. a
and Clerk to the Board J cqu ine Jo n-on, Chairman
EXCUSED DATE OF SIGNING - AYE
BY: GS & Gene R. Brantner, Pro-Tem
Deputy County Clerk
APPROVED AS TO FORM: C.W. Ki_rp
l
id 4
itki*County Attorney ✓' 9�IR���
Frank am uchi<
851150
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O
,, C& DEPARTMENT OF NATURAL RESOURCES
* �sa * David H.Getches,Executive Director
MINED LAND RECLAMATION DIVISION
1876 DAVID C.SHELTON, Director
Richard a Lamm .
Governor .,t
tee• c
MINING AND RECLAMATION PERMIT - MINERALS OTHER THAN COAL
Permit Number: M-85-053 Type of Permit: 110
Permit Date: May 30 1985
(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
(the "Operator") desires to conduct a mining operation known as
LYNESS GRAVEL PIT for the purpose of extracting
sand and gravel
B. On May 23 , 1985 , 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 May 23 1985 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
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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.
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1)1_ The Board will enter the lands to perform reclamation only
if the Board has determined:
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. CoJorado �L ``
Operator Division Director
r
B ai , Boar County Commissioners
Al'1'LSTATION
tininn OF OPERATOR'S ACKNOWLEDGMENT
STATE Colorado )
) ss.
COUNTY OF Weld )
attested to
The foregoing instrument was before me this 12th day
of June , 85 by Jacqueline Johnson as
Chairman of Board of County Commissioners , the Operator.
A1'1'hST:�_�
e
Migotarigei
Weld County Clerk and Recorder
and Clerk to the Board
/ /?
My Commission expires: i
BY: 1312W-.�,� ��yy�i bxLL
Deputy County Clerk
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EXHIBIT A
File Number: M-85-053 -
Operation Name: LYNESS GRAVEL PIT
Legal Description: SF% SEc Sec 31. T9N. R61W of the 6th P.M.
Acreage: 4.43
County: Weld
State: Colorado
/mt
Doc. 1858
(Rev. 4/84)
EORAflDUm
win To Clerk to the Board date June 7, 1985
Engineer
Scheltinga, County
COLORADO F►ort, Drew L. Sc g � 9
Subject: Commissioners Agenda - June 12, 1985
Please place on the Board's agenda for consideration, the attached Mined
Land Reclamation Division permit for Lyness Gravel Pit. Upon completion
please return the originals to the Engineering Department.
Thank you
DLS/bf
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