HomeMy WebLinkAbout851151.tiff RESOLUTION
RE: APPROVAL OF REVISION TO TRANSFER OF MINING PERMIT 81-287 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 , on the 22nd day of May, 1985 , the Board approved the
transfer of Mineral Permit Number 81-287 from the Weld County
Board of Commissioners to Nikolaus Arnusch, and
WHEREAS, the transfer form which was approved and submitted
to the Mined Land Reclamation Board was not acceptable to said
Board, and
WHEREAS, a revised transfer form has been presented to the
Board for approval, a copy being attached hereto and incorporated
herein by reference, and
WHEREAS, after study and review, the Board deems it advisable
to approve the revised transfer form.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the revised tranfer
form concerning Mineral Permit Number 81-287 from the Weld County
Board of Commissioners 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 revised transfer form.
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Li 'a{ ?o 851151
Page 2
RE: TRANSFER OF MINING PERMIT - ARNUSCH
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 14th day of
August, A.D. , 1985 .
1 '44 _ _ _/__ry
ATTEST: BOARD OF COUNTY COMMISSIONERS
ti ��v WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board ) SneJ& hairman
gy; bf� �1�C�/ EXCUSED
Gene R. Brantner, Pro-Tem
Deputy County Cl rk
APPROVED AS TO FORM: C.W. K '
--GLI:::2 Go 7' ••
County Attorney 7� e - I71
Frank Yama•,%=chi
of•/ccoz,,
Q` \9
O
H o'i DEPARTMENT OF NATURAL RESOURCES
i., �* David H.Getches,Executive Director
} ,8,6 � MINED LAND RECLAMATION DIVISION
DAVID C.SHELTON, Director
Richard D.Lamm ',� -_•,� %',
Governor Y-g»'
- c
REQUEST FOR TRANSFER OF MINERAL PERMIT AND SUCCESSION OF OP • • ORS
I.
RECITALS
A. On February 25 , 82 , the Mined Land Reclamation Board of
the Coloradortment of Natural Resources (the "State" ) granted to
Weld County Board of County Conrtnissioners , addressP•O. Box 758
Greeley, Colorado 80632-0752 ( "Permittee") 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 Nikolaus Prnusch
, address _ 34527 WCR 6, Keenesburg, Colorado 00643
, as Successor Operator ( "Successor")
and Successor wishes to become Successor Permittee 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 from Permittee 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
-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 by 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 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 14thday of August , 1985 ,
Board of County Oonrnissioners
Weld County, Colorado Nikolaus Arnusch
Name of Permittee Name of Successor
5Y6a _a�.�_ (�v�aos BY r C44td G 2 r
Signatu of Officver 'signature of Officer
Chairperson Owner
Title Title
Permittee Successor Operator
ATPFSTATI0N
}�r`R? FOR PERMITTEE
STATE UF Colorado
) ss.
COUNTY UF Weld
The foregoing instrument was acknowledged before me this 1- 7f day of
, 1985 , by Weld County Oannissioners as
pemittee of 81-18/
A
un y erK arx ecrder
and Clerk to the Board •
My Commission expires
c O 2 �
Dep y County Clerk
-3-
NOTARY FOR SUCCESSOR
STATE OF Colorado
ss.
COUNTY OF Weld
The foregoing instrument was acknowledged before me this cirki day of
C. .l k k . qr\--- , 1985 , by /1'e Nq • LA Q k h u AC�t as
owner of 21-287
nvic L-w2U Y YN�/Nnc�G ovJ
NOTARY PUBLIC - p'
My Commission expires:
04
CONSENT OF STATE
(a) Consent is hereby granted to the transfer of the Permit above
referred to from to
(b)
is hereby recognized as Successor Operator under 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
SHADE, DOYLE, KLEIN, OTIS&FREY
ATTORNEYS AT LAW
SUITE 300
GREELEY NATIONAL BANK PLAZA
RICHARD N.OOVLE GREELEY,COLORADO 80631 GREELEY TELEPHONE
HENRY C.FREY (303)353-6700
ROGER A.KLEIN
FRED L.OTIS DENVER METRO TELEPHONE
WILLIAM E.SHADE (303)659-7576
August 9, 1985
Mr. Dave Becker
County Engineer
933 North 11th Avenue
Greeley, Colorado 80631
RE: Arnusch Gravel Pit
Dear Mr. Becker:
The Mined Land Reclamation Division has returned to us the "Request for
Transfer of Mineral Permit and Succession of Operators" form because of the
language that we added to the form concerning the County's obligation to
indemnify and hold the successor harmless for the County's operation of the
gravel pit. The division has indicated that it cannot accept the form with
any amendments. Because this is a provision in your original agreement with
Mr. Arnusch, I do not find it necessary to include it in a separate agreement
or in the request for transfer. Therefore, I am returning to you a new
Request for Transfer of Mineral Permit and Succession of Operators which needs
only to be approved by the Chairperson of the Board of County Commissioners
and returned to me.
Please feel free to call if you have any questions whatsoever. Your
prompt processing of this Request for Transfer of Mineral Permit and Suc-
cession of Operators will be greatly appreciated.
Very truly yours,
VOA%1A-Q02t-
RogeriJ Klein
Attorney at Law
RAK:mkm
cc: Mr. Nik Arnusch
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