HomeMy WebLinkAbout20251076.tiffResolution
Approve Intergovernmental Agreement for Weld County Agricultural Mining
Permitting System Pursuant to C.R.S §29-1-201 and Authorize Chair 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 Colorado Revised Statue §29-1-201 indicates governments may cooperate
with one another to provide any function, service, or facility lawfully authorized to each of
the cooperating or contracting units, including the sharing of costs, and
Whereas, the Colorado Department of Natural Resources, Division of Reclamation,
Mining and Safety (DRMS) regulates mining operations with the issuance of 110 Limited
Impact and112 Regular Operations Permits, and enforces the Colorado Mined Land
Reclamation Act and the Colorado Land Reclamation Act, and
Whereas, pursuant to said C.R.S. §29-1-201, Weld County desires to create a Permitting
System for enforcement of Mining and Agricultural Land Levelling Operations where the
primary purpose is to dredge reservoirs for removal of materials resulting in enhanced
crop production in lieu of the issuance of a 110 Limited Impact Operations Permit or
112 Regular Operations Permit from the Colorado Department of Natural Resources,
Division of Reclamation, Mining and Safety (DRMS), and
Whereas, the Board has been presented with an Intergovernmental Agreement for a
Weld County Agricultural Mining Permitting System between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Department of Planning Services, and the Colorado Department of Natural
Resources, Division of Reclamation, Mining and Safety (DRMS), commencing April 1,
2025, with further terms and conditions being as stated in said agreement, and
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 Intergovernmental Agreement for a Weld County Agricultural Mining
Permitting System between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Department of Planning
Services, and the Colorado Department of Natural Resources, Division of Reclamation,
Mining and Safety (DRMS), be, and hereby is, approved.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
said agreement.
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2025-1076
PL0073
Intergovernmental Agreement for Weld County Agricultural Mining Permitting System
Pursuant to C.R.S §29-1-201
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 21st day of April, A.D., 2025, nunc pro tunc April 1, 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-1076
PL0073
INTERGOVERNMENTAL AGREEMENT BETWEEN WELD COUNTY
AND THE STATE OF COLORADO DIVISION OF
RECLAMATION, MINING AND SAFETY
THE INTERGOVERNMENTAL AGREEMENT (IGA) is made by and between
County of Weld, Colorado, by and through the Board of County Commissioners of Weld
County, whose address is P.O. Box 758, 1150 O Street, Greeley, CO 80632 (hereinafter
referred to as "Weld County"), and the State of Colorado Division of Reclamation,
Mining and Safety, whose address is 1313 Sherman Street, Suite 215, Denver, CO 80203
(hereinafter referred to as "DRMS"). Weld County and DRMS may be referred to herein
individually as "Party" or collectively as "Parties."
WITNESSETH:
WHEREAS, governments may cooperate with one another to provide any
function, service or facility lawfully authorized to each of the cooperating or contracting
units, including the sharing of costs, pursuant to C.R.S. §§ 29-1-201, et. seq., and
WHEREAS, through the issuance of 110 Limited Impact Operations Permits
("110 Permit") and 112 Regular Mining Operations ("112 Permit"), DRMS regulates
mining operations in the state of Colorado by and through its duty to enforce the
Colorado Mined Land Reclamation Act, and the Colorado Land Reclamation Act for the
Extraction of Construction Materials, and
WHEREAS, Weld County is one of the top producing agricultural counties in the
United States, and
WHEREAS, one reason for such production is the availability of water to be used
for agriculture in Weld County and the reservoir storage to accommodate it, and
WHEREAS, the second reason is abundant prime farmland rich in nutrients and
accessible because of Weld County's extensive county road system, and
WHEREAS, all irrigation water reservoirs in Weld County typically need to be
cleaned of sediment on a regular schedule to maintain adequate water storage capacity,
and
WHEREAS, many agricultural fields need to be levelled to maintain production
levels, and
Page 1 of 4 Pages
2025-1076
0-k P�.o013
WHEREAS, during irrigation water reservoir cleaning and agricultural land
levelling, silt, sand, dirt, sediment, and rocks ("Materials") may need to be removed from
the site, and
WHEREAS, the removal of Materials during reservoir cleaning or agricultural
land levelling operations may require the issuance by DMRS of a 110 Permit or a 112
Permit, and
WHEREAS, to determine whether the need for a 110 Permit or 112 Permit is
necessary, DRMS reviews a form submitted by the operators (known as the "Is it
Mining" form) to understand the scope of the operation, and
WHEREAS, DRMS makes an initial determination on the "Is it Mining" form,
and if determined to constitute a mining operation requiring a 110 Permit or 112 Permit,
that determination is subject to administrative appeal to the Colorado Mined Land
Reclamation Board ("MLRB"), and
WHEREAS, County desires to begin a County permitting system wherein, if the
primary purpose of the activity is for the removal of Materials during reservoir cleaning
or agricultural land levelling operations to enhance crop production during the
agricultural year, it would be pursuant to County permit and no 110 Permit or a 112
Permit issued by DRMS or MLRB would be necessary, and
WHEREAS, DRMS agrees that upon issuance of such a County permit, DRMS
will consider the County permitted activity not to be a "mining operation" and therefore
does not require the issuance of a 110 Permit or a 112 Permit by DRMS or MLRB, and
WHEREAS, Weld County will notify DRMS of every County permit it issues
related to the removal of Materials during reservoir cleaning or agricultural land levelling
operations to enhance crop production during the agricultural year.
NOW, THEREFORE, in consideration of covenants and agreements below
appearing, the parties agree as follows:
1. Weld County Permits. Commencing April 1, 2025, Weld County shall commence
issuing permits for the removal of Materials during reservoir cleaning or agricultural
land levelling operations to enhance crop production during the agricultural year.
Weld County will notify DRMS of every County permit it issues pursuant to this
Section 1. Such notice shall be sent electronically to a representative designated by
DRMS.
Page 2 of 4 Pages
The Designated Representative for Weld County shall be:
Dawn R. Anderson
Development Review Manager
Weld County Planning Services
1402 N. 17th Avenue
Greeley, CO 80632
Email: drandersonAweld.gov
Office: (970) 400-3736
The Designated Representative for DRMS shall be:
Russ Means
Colorado Division of Reclamation, Mining and Safety, Room 215
1001 E 62nd Avenue
Denver, CO 80216
Email: drms_info@state.co.us
Office: (303) 866-3567
2. No 110 Permit or a 112 Permit Necessary. DRMS agrees that no 110 Permit or a 112
Permit shall be necessary for operations where Weld County issues a permit when the
primary purpose of the activity is for the removal of Materials during reservoir
cleaning or agricultural land levelling operations to enhance crop production during
the agricultural year.
3. Term/Termination. This IGA shall run from the date first written about to and until it
is terminated pursuant the terms of this Section 3. Either Party may terminate this
IGA by delivering to the other Party a 30 -day written notice sent by U.S Mail to the
Party's address set forth above, with a copy delivered electronically to the Designated
Representatives named by the Parties.
4. Entire Agreement. This IGA contains the entire understanding of the parties with
respect to the subject matter hereof, and all other understandings or agreements shall
be deemed merged into this agreement. Amendments of this IGA may be made only
in writing and signed by both of the parties hereto.
Page 3 of 4 Pages
5. Third -Party Beneficiaries. None of the terms or conditions in this IGA gives or
allows any claim, benefit, or right of action by any third person not a party hereto.
Any person other than the Weld County or the DRMS is only an incidental
beneficiary. Nothing in this Intergovernmental Agreement shall be deemed as a
waiver of immunity or liability limits granted to the County and the DRMS under the
Colorado Governmental Immunity Act.
EXCUTED THIS^AY OF Bpv k.' , 2025.
WELD COUNTY:
ATTEST: ityt J .efts ei COUNTY OF WELD, COLORADO
Weld County Clerk to the Board
By:
Deputy Clerk to the Boa
erry L. Bk, Chair APR 2 1 2025
and of County Commissioners
ounty of Weld, Colorado
Michael A. ON:m=M hael A.Cunningham,
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Mimny ana sareq,
Cunningham
am ikmichaNatunnigham@sah.co.us,
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By: D.:2025.0331Ix:2o:1“..•
Michael Cunningham
Director - DRMS
Page 4 of 4 Pages
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