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Home My WebLink About20251159.tiffResolution Approve Structure Agreement for County Roads 28 and 17 Public Road Right -of -Way within 200 Feet of Proposed Cogburn Sand, Gravel, and Reservoir Project Mining Operations and Authorize Chair Pro-Tem to Sign — Raptor Materials, LLC 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 March 28, 2025, Raptor Materials, LLC, submitted a Construction Material Regular 112 Operation Reclamation Permit Application to the Colorado Division of Reclamation, Mining, and Safety (DRMS) for the proposed Cogburn Sand, Gravel, and Reservoir Project for future developed water resources, with Permit #M-2025-016, and Whereas, the Board has been presented with a Structure Agreement for County Roads 28 and 17 Public Roads Right -of -Way within 200 feet of the proposed Cogburn Sand, Gravel, and Reservoir Project mining operations between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Departments of Public Works and Planning Services, and Raptor Materials, LLC, commencing upon full execution of signatures, with further terms and conditions being as stated in said agreement, for a parcel of land further described below as: E1/2 SE1/4, NW1/4 SE1/4, SW1/4 NE1/4, and SE1/4 NW1/4 of Section 29, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado Whereas, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the Structure Agreement for County Roads 28 and 17 Public Road Right -of -Way within 200 feet of the proposed Cogburn Sand, Gravel, and Reservoir Project mining operations between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Departments of Public Works and Planning Services, and Raptor Materials, LLC, be, and hereby is, approved. Be it further resolved by the Board that the Chair Pro-Tem be, and hereby is, authorized to sign said agreement. CC ; PL On/ WJ /DA /DA I%TMk),Pt,,J(D.1IcH/DD/SB), CA(13B/KIA) °5/22 /2S 2025-1159 EG0083 PL0073 Structure Agreement for County Roads 28 and 17 Public Road Right -of -Way within 200 Feet of Proposed Cogburn Sand, Gravel, and Reservoir Project Mining Operations — Raptor Materials, LLC Page 2 The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 30th day of April, A.D., 2025: Perry L. Buck, Chair: Excused Scott K. James, Pro-Tem: Aye Jason S. Maxey: Aye Lynette Peppler: Aye Kevin D. Ross: Excused Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 2025-1159 EG0083 PL0073 RAPTOR MATERIALS LLC 8120 Gage Street Frederick, CO 80516 Bus: (303) 666-6657 m Fax: (303) 666-6743 April 1, 2025 Raptor Materials LLC Neighbor, Raptor Materials LLC has applied for a mining permit and you are the owner of land within 200' of the mine and/or a structure owner within 200' of the mine. Enclosed you will find a public notice, a structures agreement and a map of the premises to be mined. If you have any questions do not hesitate to reach out to myself or Garrett Varra at 303-666-6657. VP of operations Raptor Materials LLC 2025-1159 X4/3O PUBLIC NOTICE Raptor Matenals LLC, 8120 Gage Street, Frederick, CO 80516, has filed an application for a Regular (112) Construction Materials Operation Reclamation Permit with the Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Matenals The proposed mine is known as the Cogburn Sand, Gravel and Reservoir Project, and is located at or near Section 29, Township 3 North, Range 67 West, Prime Mendian The proposed date of commencement is December 2025, and the proposed date of completion is December 2039 The proposed future use of the land is Developed Water Resources Additional information and tentative decision date may be obtained from the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567, or at the Weld County Clerk to the Board of County Commissioner's office, 1150 O Street Greeley, CO 80631, or the above -named applicant Comments must be in writing and must be received by the Division of Reclamation, Mining, and Safety by 4 00 p m on May 17, 2025 Please note that under the provisions of C R S 34-32 5-101 et seq Comments related to noise, truck traffic, hours of operation, visual impacts, effects on property values and other social or economic concerns are issues not subject to this Office's jurisdiction These subjects, and similar ones, are typically addressed by your local governments, rather than the Division of Reclamation, Mining, and Safety or the Mined Land Reclamation Board Stru ctur_eA_ gr_eemen_t This letter has been provided to you as the owner of a structure on or within two hundred (200) feet of a proposed mine site The State of Colorado, Division of Reclamation, Mining and Safety("Division") requires that where a mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred (200) feet of the affected land, the Applicant shall either a) Provide a notarized agreement between the Applicant and the Person(s) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure, or b) Where such an agreement cannot be reached, the Applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation, or c) Where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility (Construction Materials Rule 6 3 12 and Rule 6 4 19 & Hard Rock/Metal Mining Rule 6 3 12 and Rule 6 4 20) The Colorado Mined Land Reclamation Board ("Board") has determined that this form, if properly executed, represents an agreement that complies with Construction Materials Rule 6 3 12(a), Rule 6 4 19(a), and C R S § 34-32 5-115(4)(e) and with Hard Rock/Metal Mining Rule 6 3 12(a), Rule 6 4 20(a), and C R S § 34-32-115(4)(d) This form is for the sole purpose of ensuring compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to any private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the Division The following structures are located on or within 200 feet of the proposed affected area 1 County Road and ROW 2 3 4 5 (Pleasaltsta_d_d_ltmalatructure_s_on a sepatate_p_age) CERTIFICATION The Applicant, Raptor Materials LLC, By Robert Haun, as Vice President of Operations, does hereby certify that WELD COUNTY DEPARTMENT OF PUBLIC WORKS shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit Al of the Reclamation Permit Application for Cogburn Sand, Gravel and Reservoir Project, File Number M-2025-016. This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form. NOTARY FOR PERMIT A ACKNOVVLEGED BY: Y Applicant Raptor M ten dls LLC Representative Name Robert Haun Date y bizof2._cs Title Vice President of Operations STATE OFCzIvrAci O ) ss. COUNTY OF Weld ) The foregoing was acknowledged before me this I day of On( . 202r�, by (Loki! ft Ficut V‘as V PoCOECehabonSof RaMorhe\a-teArrat S ll. C. NOTARY FOR STRUCTURE OWNER ACKNOWLEGED BY: Structure Owgsr Weld County Government Date AI' '" 3 _ m70''5 STATE OF CO\ U( Pr1/4) _ ) ss. COUNTY OF U1/4)_ekc,\ The foregoing was acknowledged before me this 36 day of V ` , 20M, by Se I�.Jclink:S as thOsk1( NC)-adrelerlof weed C4 egiDay My Commission Expires: 1(31 Title Scott Ki ames Title Chair Pro-Tem, Board of Weld County Commissioners JESSICA HOOVER NOTARY PUBLIC STATE OF COLORADO NOTARY 1D 20044035571 MY COMMISSION EXPIRES OCTOBER 08, 2028 My Commission Expires: Coininiss welts, 20)201,$- HOUSTAN MARIE ARAGON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20244035426 MY COMMISSION EXPIRES SEPTEMBER 20, 2028 //PAGE 1 EXHIBP A EXHIBIT A - LEGAL DESCRIPTION SECTION 1 The legal description must identify the affected land, specify affected areas and be adequate to field locate the property. Description shall be by (a), township, range, and section, to at least the nearest quarter -quarter section and (b), location of the main entrance to the site reported as latitude and longitude, or the Universal Transverse Mercator (UTM) Grid as determined from a USGS topographic map. A metes and bounds survey description is acceptable in lieu of township, range, and section. Where available, the street address or lot number(s) shall be given. This information may be available from the County Assessor's Office or U.S. Geological Survey (USGS) maps. All lands located within the permit boundary which may be affected include those parcels located in parts of E/2SE/4, NW/4SE/4, SW/4NE/4, and the SE/4NW/4, Section 29, Township 3 North, Range 67 West, all in the 6th P.M.; Weld County, Colorado, and comprising 196.4± acres, more or less as determined by Lat 40°, Inc. Professional Land Surveyors, Greeley, CO. SECTION 2 The main entrance to the mine site shall be located based on a USGS topographic map showing latitude and longitude or Universal Transverse Mercator (UTM). The operator will need to specify coordinates of latitude and longitude in degrees, minutes and seconds or in decimal degrees to an accuracy of at least five (5) decimal places (e.g., latitude 37.12345 N. longitude 104.45678 V'/). For UTM, the operator will need to specify North American Datum (NAD) 1927, NAD1983, or WGS 84, and the applicable zone, measured in meters. The mine entrance is identified on Exhibit C-2: Extraction Plan Map, and located as identified under NAD 83 Colorado State Plane North Zone: Lat/Long for ALL Fields: Northeast Entrance: Southeast Entrance: RAPTOR MATEP.IALSut Latitude (N) 40.19679, Longitude (W) -104.90449 Latitude (N) 40.16972, Longitude (W) -104.90469 Raptor Materials, LLC Cogburn Sand, Gravel, and Reservoir Project February 2025 A REGULAR IMPACT f 112 CONSTRUCTION PERMIT APPLICATION - COLORADO DIVISION OF RECLAMATION MINING AND SAFETY. OFFICE OF MINED LAND RECLAMATION 111 RESpE, // PAGE 1 EXHIBIT B EXHIBIT B - INDEX MAP SECTION 1 An index map showing the regional location of the affected land and all roads and other access to the area. A standard U.S. Geological Survey topographic quadrangle or equivalent is acceptable. Scale criteria need not be followed for this map. The Grandview c Estates ! ead)--^ SUBJECT PROPERTY \11 VICINITY MAP SCALE - 1"-•=2000' LEGEND The index map was created with the U.S. Geological Survey topographic quadrangle for Gowanda, Colorado. [1;1 RAPTOR MATERlALSuc Raptor Materials, LLC Cogbum Sand, Gravel, and Reservoir Project February 2025 A REGULAR IMPACT 11121 CONSTRUCTION PERMIT APPLICATION - COLORADO DIVISION OF RECLAMATION MINING AND SAFETY, OFFICE OF MINED LAND RECLAMATION RESpE L NOTES: 4-4s�+ 1209280000( C A A LEGEND XXXX - EXISTING MAJOR CONTOUR EXISTING MINOR CONTOUR BOUNDARY -APPROXIMATE 200 FOOT BOUNDARY OFFSET - APPROXIMATE FENCE EASEMENT LINE PIPE RIGHT-OF-WAY LINE PROPERTY LINE OVERHEAD UTILITY LINE STREET- EXISTING CENTERLINE FLOOOPLAIN RIVERBANK DITCH BOUNDARY LAST CHANCE DITCH BOUNDARY SOIL UNIT LINE am DISTANCE BETWEEN FOUND PINS ® WITNESS CORNER 0 FOUND ALIQUOT CORNER AS DESCRIBED ID CALCULATED POSITION FOUND #5 REBAR WITH 1.25" RED PLASTIC • CAP LS 37971 N08°26'56° E 3.25' FROM CALCULATED POSITION ® PRODUCING WELL HEAD • APPROXIMATE PLUGGED & ABANDONED WELL HEAD LOCATION ® ELECTRIC METER e ELECTRIC SERVICE O POWER POLE ® WATER WELL WATER MARKER $ WATER METER w WATER VALVE GAS MARKER GATE 111 POST NOTE: THERE IS A DISCREPANCY BETWEEN ALTA'S BOUNDARY & THE WELD COUNTY GIS BOUNDARY LINES. IN ALL CASES, ALTA'S BOUNDARIES SHOULD SUPERCEDE OTHER BOUNDARY LINES. Water MeV Details Pemxt Number Labtude LergO)-01e Center Permit Status Construction Dela Parma Ce Aloci Use(s) 333158. 40.189838 A04(09038 RAPTOR MATERIALS, LLC NARRA GARRETT) WSJ Ceru4uGed W23/2073 McNtwi gtOEesrMbn Monitoring Sempllnq 315477. 40.191780 •104.90415B READY MIXED CONCRETE COMPANY WWI Constructed 69112019 MonIWYpI00sen'PObn MonnwuVy Samurio 333154- 40.1945554 -104913E1i RAPTOR MATERIALS, LLC WARM. GARRETT) Well Catetruped 62X2023 Mondonn00baanabon MOMonnq Sampling 333152- 40.188637 •104.901997 RAPTOR MATERALS. LLC (VARRA GARRETT) Wit Constructed 8921/2023 n MONIo n9A3aserrobon Monson Sam rtgl phng 333153- 40.198785 •(04.909435 RAPTOR MAIFJRIALS, LLC IVARRA GARRETT) Wan CasWcted SOW2023 Memlormy0osw.vten MONtonnWSarephoo 333292- 40,198742 -104911761 OCCIDENTAL PETROLEUM(RIEME_R. JOSEPH) Well CatAlnlcled (91(2023 Monnbruq'Ooserentwn MonnonnmSarnon0 333291 40.198796 -104911773 OCCIDENTAL PETROLEUM NEMER.JOSEPH) Well Constructed W12023 MemlernylOOswr awn MenteneOSarnpnrg 333294. 40.198780 -1019118111 ENSOLUM(THOMAS. DANIEL) Well Constructer, 8/1/2023 Llomtw: rp3tee eaon MonlcenpSamplte2 333295- 40.198775 .16 .211632 9116 32 OCCIDENTAL PETROLEUM N EMER. JOSEPH) Well Constructed V1Y2023 Monitor%/Omen-anon M onnonraSampbng 333296- 40197806 -104,911760 OCCIDENTAL PETROLEUM NIEMER, JOSEPH) WWI Conabucted 811/2D23 Mentor. no'Observauon Monewin(ySamONg 333156 40.199402 494.914510 RAPTOR MATERIALS. LLC (VARRA. GARRETT) Wall Constructed &722023 Manocce9O0servallon MonSonnySarrgerq 25867F -A 40201679 •104.914413 COLORADO MIRY FARMS WWI Conemuea 3/141932 Gement Purpose Slack 2149543• 40.189339 -104.903960 VARRA COMPANIES NC NARRA.GARRETT) Well Constructed 6'&2013 Mbmbnn<y0oservAtlen MbNbne lSamP4np 4124F 40.193402 -101901336 VARELA COMPANIES NC NARRAGANSETf) Wei Constructed 521/1963 General Purb°ee trrl9abon 45973- 40 189896 -104.902281 RALPH NO( PRODUCE. INC Wog Constructed 5101909 ResManNI Dornesec 23944254 40.189725 -104.902234 READY MIXED CONCRETE COMPANY LLC MARVEL JR J C) mg CarmWcted 3+122002 ReNdanbal DpWyOc PARCELA PARCEL OWNER OF RECORD AODAEIN ADDRESS CITY STATE SIP CODE 120019000026 ACORO ST %ANN VALLEY RANCH LLC Nat COUNTY RON) WI 34 LONGMONT CO 80104.95514 12 09120 0 0 6 4 0 ACM ST YRA91 VALLEY RANCH LLC 7341 COMITY ROAD 26 34 LONG40RR CO EGS04-9514 td7/74MaA4s CORD ST VANN/ALLEY RANCAILLC MIT COUNTY ROAOM 34 1.04TROHT CO 66104.9314 120329440061 G.OLLN4 ROBERT ALLEN 13161 COUNTY ROAD 17 PLATT7VVILE CO 500414105 00829910047 FIRESTONE TOWN OF 9950 PAPA AVE FRESTCNE CO 80901.7620 120929000048 LO VERSIFY 350 S MAIN AVE STE 400 F43UA FALLS BO 571044312 1395261900.98 PLATTEVILE MIRY LLC 19fy 141HSi M(10 RNA CFR CO 50'1(42 MI 120529100846 PATTEVILLE MARY LLC 19/914114 ST STE 301 BOULDER CO 50361-5321 1]0,28200044 PLATTEVRLEOARY LLC IS/914TH ST STE 300 BOULDER CO 50302,5121 1=21000023 RAPTOR PAWSLLC 5120 GAGE ST FREDERIC% CO 805169439 139931200063 RAPTOR IMIERIALS LLC 5139 GAGE ST FREDERICK CO 535104431 110928000002 RAPTOR MATERIALS LLC 5120640E ST FREDERSOU CO 80516-9a10 128920100052 RAPTOR MITERIALSLLC 5430 GAGE ST FREDEIOCK CO 965169119 (2093TN032S RAPTOR MAT60ALSLLC SIM GAGE ST FRE0ERIOU CO 503169434 120,72200(61 RAPTOR MAT210NSILC SIN GAGE ST FREVEFOOt CO 6051694]) 1281^976000916 READY MIXED CONCRETE C05/NW 25009RANAH WAY DENVER CO 602241029 09332101003 VARRAPASDMN.E S470 GAGE ST FREOEAIOI CO 605169139 Digitally signed by Peter Peter Christensen Christensen Date: 2025.03.10 10:20:27 -06'00' SCALE: 1 inch = 300 feet DATE: 01 November 2024 REVISION: PAGE: 1 OF 1 Hello