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DNR
COLORADO
Division of Reclamation,
Mining and Safety
Department of Natural Resources
1313 Sherman St. Room 215
Denver, CO 80203
September 14, 2021
Jeff York
Weld County Public Works
1111 H St.
P.O. Box 758
Greeley, CO 80632
RE: Koenig Pit, Performance Warranty Release, Permit No. M-1980-120,
Revision No. SL -01
Mr. York:
I am pleased to inform you that on August 15, 2021 the Division of Reclamation Mining and
Safety released Weld County Public Works from further responsibility for the Koenig Pit.
Enclosed is the Performance Warranty you originally provided. This is released in its entirety.
The Mined Land Reclamation Board and the Division staff wish to commend Weld County Public
Works for your reclamation efforts and the resulting success.
Sincerely,
Peter S. Hays
Environmental Protection Specialist
Enclosures
CERTIFIED MAIL NO. 7018 2290 0001 8923 4220
Return Receipt Requested
cc: Sara M. Stevenson-Benn, DRMS
Public, R-vtew
9-.77-4:206g
1313 Sherman St. Room 215 Denver, CO 80203 P (303) 866-3567 F (303) 832-8106 https://drms.colorado.gov
Jared Polls, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director
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L of COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Roan 215
Denver, Colorado 80203
Phone: (303) 866-3567
FAX: (303) 832-8106
Operator:
Operation:
Permit No:
AUG 1 6 1995
Division or ivuireraIS c eulogy
PERFORMANCE WARRANTY
DEPARTMENT O
NATURAI
RESOURCE
Roy Romer
Governor
games 5. Loohhead
Exec ti a Dirtoox
Michael B. Long
Division Di,e�tcx
Weld County Public Works Department, Mining Division
Koenig Gravel Pit -FgrAriouir_
M-80-120
KNOW ALL MEN BY THESE PRESENTS, THAT:
WHEREAS, the Colorado Mined Land Reclamation Act, CRS as amended,
34-32-101 et 52 1. (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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-2-
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 continue until released in whole or
in part by the Board in accordance with applicable law.
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.
-3 —
The provisions hereof shall bind and inure to the benefit of the
parties hereto and their successors and assigns.
SIGNED, SEALED AND DATED, this 26th day of July
Weld County Board {:
of Commissioners
Operator
By: L .v
Title:
07/26/95
Chairman
NOTARIZATION OF OPERATOR'S ACKNOWLEDGMENT
STATE OF Colorado )
) ss.
COUNTY OF Weld
,
The foregoing instrument was acknowledged before me this 26th day .e.,, '
of July 1995 , by Dale K. Hall . a
of Weld County Board of
as Chairman
APPROVED:
State of Colorado
Mined Land Reclamation Division
Mined Land Reclamation Board
NOTARY PUBL
r•
My Commission expires:
C0M''1 O 4 EXPIRES JAN, i� 1.9 .6
'6427F
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