HomeMy WebLinkAbout951456.tiffRESOLUTION
RE: APPROVE REGULAR OPERATION (112) RECLAMATION PERMIT AMENDMENT
APPLICATION AND PERFORMANCE WARRANTY FOR KOENIG GRAVEL PIT TO
COLORADO MINED LAND RECLAMATION DIVISION 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, the Board has been presented with a Regular Operation (112) Reclamation
Permit Amendment Application and a Performance Warranty for the Koenig Gravel Pit from the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Weld County Public Works Department Mining Division, to the Colorado
Mined Land Reclamation Division, with terms and conditions being as stated in said application and
warranty, and
WHEREAS, after review, the Board deems it advisable to approve said application and
warranty, copies of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Regular Operation (112) Reclamation Permit Amendment Application
and a Performance Warranty for the Koenig Gravel Pit from the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, on behalf of the Weld County
Public Works Department Mining Division, to the Colorado Mined Land Reclamation Division, be,
and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized
to sign said application and warranty.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 26th day of July, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
ATTEST:
Weld Cou
BY:
eputy Clerk to the Board
APPROVED AS TO FO
ty At orn
y
LD COUNTY, COkORP,,DO
K
Dale
Barbara J. Kirkmeyer, P o-Tem J" (/
EXCIJSFn
George E. Baxter
FxrA JSFn
Constance L. Harbert
W. H.
e
ster
EG(Carnitr)
951456
REGULAR OPERATION (112)
RECITAL •TION PERMIT
APPLICATION FORM
CHECK ONE:
New Application (Rule 1.4.5) X Amendment Application (Rule 1.10)
Conversion Application (Rule 1.11)
Permit No. M- 80 _ 120
(provide for amendments and conversions of existing
permits)
The application for a Regular Operation Reclamation Permit contains three major parts: (1)
the application form; (2) Exhibits A -S and Geotechnical Stability Exhibit; and, (3) the
application fee. When you submit your application, be sure to include one (1) signed and
notarized original and four (4) copies of the application form, five (5) copies of Exhibits
A -R and any required sections of Exhibit S and the Geotechnical Stability Exhibit, and a
check for the application fee described under Section (16) on Page 3. Exhibits should not
be bound or in a 3 -ring binder; maps should be folded to 8 1/2" X 11" or 8 1/2" X 14" size_
To expedite processing, please provide the information in the format and order described
in this form. -
GENERAL OPERATION INFORMATION
Type or print clearly, in the space provided, all information described below.
1. Applicant/operator or company name (name to be used on permit):
1.1 Type of organization (corporation, partnership, etc.): Government
1.2 I.R.S. Tax ID No. or Social Security Ntmlb.r: 846000813
2. Operation name (pit, mine or site name):
3. Permitted acreage (new or existing site)
3.1 Change in acreage (+ or -)
3.2 Total acreage in Permit area
4. Fees:
4.1
4.2
4.3
4.4
4.5
5.
6.
7.
New Application
New Quarry Application
Milling Application (Non-DMO)
Amendment Fee
Conversion to 112 operation
Koenig Gravel Pit
61.39 permitted acres
0 acres
61.39 acres
$1,875.00 application fee
$2,325.00 quarry application
$3,100.00 milling application
$1,550.00 amendment fee
(set by statute) - $1,500.00 conversion fee
Primary commoditie(s) to be mined: sand gravel
Name of owner of surface of affected land: Weld County
Name of owner of subsurface rights of affected land: Weld County
If 2 or more owners, refer to Exhibit O.
8. Type of mining operation: X Surface _ Underground _ In -situ
9. Location Information: the center of the area where the majority of mining will
occur lies in:
COUNTY: Weld
PRINCIPAL MERIDIAN (check one): X 6th (Colorado) 10th (New Mexico) _ Ute
SECTION (write number): S 1T
TOWNSHIP (write number and check direction): T 2 X North South
RANGE (write number and check direction): R 67 East X West
QUARTER SECTION (check one): _ NE NW A SE _ SW
QUARTER/QUARTER SECTION (check one): NE — NW I SE _ SW
GENERAL DESCRIPTION (miles and direction from nearest town and approximate
elevation): Four miles north and west of Fort Lupton, Colorado, located at
the intersection on WCR 20 and WCR 25.
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-2-
10. Correspondence Information:
APPLICANT/OPERATOR (name, address, and phone of name to be used on permit)
Individual's Name:
Company Name:
Street:
City:
State:
Area Code:
Greg Nelson, Materials Foreman
Weld County
P.O. Box 758
Greeley -
Colorado
Zip Code: 80632
970 Telephone: 356-4000 Ext. 3750
PERMITTING CONTACT (if different from applicant/operator above)
Individual's Name:
Company Name:
Street:
City:
State:
Area Code:
Donald Carroll, Project Coordinator
Weld County
P.O. Box 758
Greeley
Colorado Zip Code: 80632
970 Telephone: 356-4000 Fxt. 3750
INSPECTION CONTACT
Individual's Name:
Company Name:
Street:
City:
State: Zip Code:
Area Code: Telephone:
CC: STATE OR kisDERAL LANDOWNER (if any)
Agency:
Street:
City:
State:
Area Code:
Zip Code:
Telephone:
CC: STATE OR 1 huERAL LANDOWNER (if any)
Agency:
Street:
City:
State: Zip Code:
Area Code: Telephone:
951456
-3-
11. Primary future (Post -mining) land use (check
Crop and(CR) Pastureland(PL)
Ran9eland(RL) _ Forestry(FR)
Residential(RS) Recreation(RC)
Developed Water Resources(WR)
12. Primary present land use
Cropland(CR)
Ran9eland(RL)
— Residential(RE)
Developed Water
13. Method of Mining:
13.1
Other:
(check one):
Pastureland(PL)
- Forestry(FR)
Recreation(RC)
Re- sources(WR)
— Quarry (QR)
Briefly explain mining method
sand
and gravel pit
14. On Site Processing:
one):
General Agriculture(GA)
77 Wildlife Habitat(WL)
Industrial/Commercial(IC)
— Solid Waste Disposal(wD)
X General Agriculture(GA)
_ Wildlife Habitat(WL)
Industrial/Commercial(IC)
Solution (SO)
(e.g. Placer, truck/shovel).
Solution (SO) Chemical (CH)
— Heap Leach (HL) _ Vat Leach (VL)
— Thermal (TH)
List any designated chemicals or acid -producing materials to be used or stored within
permit area:- none
Description of Amendment:
If you are amending or converting an existing operation, provide a brief narrative
describing the proposed change(s).
Maps and Exhibits:
Five (5) complete, unbound application packages must be submitted. One complete
application package consists of a signed application form and the set of maps and exhibits
referenced below as Exhibits A -S and the Geotechnical Stability Exhibit. Each exhibit
within the application must be presented as a separate section._ Begin each exhibit on a
new page. Pages should be numbered consecutively for ease of reference. If separate
documents are used as appendices, please reference these by name in the exhibit_
With each of the five (5) signed application forms, you must submit a corresponding set
of the maps and exhibits as described in the following references to Rule 6.4 and 6.5:
- Legal Description
- Index Map
- Pre -Mining and Mining Plan Map(s) of Affected Lands
Mining Plan
Reclamation Plan
Reclamation Plan Map
Water Information
Wildlife Information
Soils Information
Vegetation Information
Climate Information
Reclamation Costs
Other Permits and Licenses
Source of Legal Right -To -Enter [See C.R.S. 34-32-112(2)(d)]
Owners of Record of Affected Land (Surface Area) and Owners of Substance
to be Mined [See C.R.S. 34-32-112(2)(b) & (c)]
- Municipalities Within Two Miles
Proof of Mailing of Notices to County Commissioners
Conservation District
- Proof of Filing with County Clerk and Recorder
- (any required sections)
- Geotechnical Stability Exhibit
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT H
EXHIBIT I
EXHIBIT J
EXHIBIT K
EXHIBIT L
EXHIBIT M
EXHIBIT N
EXHIBIT O--
EXiIIBIT P
EXHIBIT Q
EXHIBIT R
EXHIBIT S
RULE 6.5
and Soil
The instructions for preparing Exhibits A -S and Geotechnical Stability Exhibit are
specified under Rule 6.4 and 6.5 of the Mineral Rules and Regulations_ If you have any
questions on preparing the Exhibits or content of the information required, or would like
to schedule a pre -application meeting you may contact the Office at 303-866-3567.
951456
Certification:
As an authorized representative of the applicant, I hereby certify that the operation
described has met the minimum requirements of the following terms and conditions:
1. This mining operation will not adversely affect the stability of any
significant, valuable and permanent man-made structure(s) located within two hundred
(200) feet of the affected lands. (However, where there is an agreement between the
applicant/operator and the persons having an interest in the structure that damage
to the structure is to be compensated for by the applicant/operator (Section
834-32-115(4)(d), C.R.S. 1984, as amended), then mining may occur within 200 feet.
Proof of an agreement must be submitted to the Office prior to the decision date.)
2. No mining operation will be located on lands where such operations are
prohibited by law (Section 34-32-115(4)(f), C.R.S. 1984, as amended);
3. As the applicant/operator, I do not have any mining/prospecting operations in
this state of Colorado currently in violation of the provisions of the Mined Land
Reclamation Act (Section 34-32-120, C.R.S. 1984, as amended) as determined through
a Board finding.
4. I understand that statements in the application are being made under penalty
of perjury and that false statements made herein are punishable as a Class 1
misdemeanor pursuant to Section 18-8-503, C.R.S 1984, as amended.
Signed and dated this 26th day of
Weld County, Colorado
By:
Title:
Applicant/Operator
07/26/95
Chairman, Weld County
Board of Commissioners
State of Colorado
ss
County of Weld
July
The foregoing instrument was acknowledged before me this
by Dale K. Hall
25173F
00/14194)
1995
26th day of
as Chairman of the Board of
(44
July.......•....,j 995
Weld County Commissioners
Ntary blic
(AY C0MM1SSI0N EXPIRES
My Commission expires: JANUARY 10, 1999
951456
STATE OF COLORADO
DIVISION Of M1NFYA1 S AND GEOLOGY
Department of Natural Resotaoes
1313 Sherman St., Room 215
Denver. Colorado 80203
Phone: (3031 866-3567
FAX: (303) 832-8106
PERFORMANCE WARRANTY
DE PARII4ENT OF
RESOURCES
Roy Railer
Go.rn,x
lama S LIn tivad
Mdud B. Lug
Omcw
Operator: Weld County Public Works Department, Mining Division
Operation: Koenig Gravel Pit -Amended
Permit No: M-80-120
KNOW ALL MEN BY THESE PRESENTS, THAT:
WHEREAS, the Colorado Mined Land Reclamation Act, CRS as amended
34-32-101 et seq. (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 (the "Operator"), has
applied for a permit to conduct a mining operation Known as. Koenig Gravel
Pit (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.
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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
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 continuetil released in whole or
in part by the Board in accordance with applicable
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 ash_ day of July
1995
Weld County Board
of Commissioners
Operator
NOTARIZATION OF OPERATOR'S ACKNOWLEDGMENT
STATE OF Colorado )
) ss.
COUNTY OF Weld )
The foregoing instrument was acknowledged before me this
of July 1995, by Dale K. Hall
aS Chairman Of Weld County
APPROVED:
State of Colorado
Mined Land Reclamation Division
Mined Land Reclamation Board
By:
Division Director
(03/92)
6427F
NOTARY PUBL
MY COMB ION EXPIRES JAN. 1, 1996
My Commission expires:
26th
day
(SEAL)
Board of CommistY
/L / / ce.Et— •.........
iv
'>l
Date
351456
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