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Home My WebLink About20210274.tiffChloe Rempel From: Sent: To: . Cc: Subject: Attachments: Clayton Kimmi Wednesday, April 14, 2021 7:28 AM Jan Warwick Chloe Rempel; Mariah Higgins; Clayton Kimmi RE: April CTB Temp Status Update Pierce Pit 5O01 Approval Letter 20210406.pdf '(' Here is the letter that I received this morning for the Succession of Operator for the Pierce Pit. The State did not provided a copy of the signed form. They only provided a copy of the attached letter. Clay Kimmi, P.E. Senior Engineer Weld County Public Works 1111 H St PO Box 758 Greeley, CO 80632-0758 O: 970-304-6496 x 3741 F: 970-304-6497 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Jan Warwick <jwarwick@weldgov.com> Sent: Tuesday, April 13, 2021 3:40 PM To: Clayton Kimmi <ckimmi@weldgov.com> Cc: Chloe Rempel <crempel@weldgov.com>; Mariah Higgins <mhiggins@weldgov.com> Subject: April CTB Temp Status Update Good afternoon, This email serves as a status update for documents from the Commissioner's Agenda that are pending final signatures from various sources. When final signatures are obtained, please remember to send a copy to the Clerk to the Board's Office to ensure the Commissioners' final Resolution is signed, the Resolution is distributed, and the complete document is finalized. The query included items pending as of today's date, so there are items from recent Agendas that understandably may not have final signatures yet. *If it is not possible to gain the final signature of a document, please respond as such with an explanation for us to scan into Tyler in lieu of the final signature. E,O91-0074 G00-1'1 COLORADO Division of Reclamation, DNR April 6, 2021 Mining and Safety Department of Natural Resources Cliff Simpson C&H Aggregates, LLC 46335 CR 39 Nunn, CO 80648 Re: Permit No. M-1980-121, Pierce Pit, Weld County Succession of Operators Approval, Revision SO -1 Dear Mr. Simpson, On April 6, 2021, the Division of Reclamation, Mining and Safety approved the succession of operators from Weld County Public Works to C&H Aggregates, LLC for this operation. C&H Aggregates, LLC is now the permitted operator of Pierce Pit, and as such, is responsible for all provisions in M-1980-121 as well as those specified in the Rules and Regulations. Weld County is relieved of all responsibilities concerning this operation. Please Note: 1. All of the application materials, as amended and supplemented, are in integral part of your permit. They have been incorporated into the permit by reference. We presume that you have a copy of all of these materials; therefore, none have been enclosed with this mailing. We suggest that you keep a copy of the permit and the permit application at the mining operation as a reference for operation personnel, to help ensure compliance with the terms of the permit. 2. Changes in the mining and reclamation operations that differ from those described in the permit may require a modification to the permit. We suggest consulting the Rules and Regulations and/or contacting us to determine if a modification to the permit is necessary. Rule 1.10 pertains to Amendments, Rule 1.9 to Technical Revisions, and Rule 1.11 to Conversions. 3. On your permit anniversary date each year, you must submit an annual fee and annual report to us. Please consult the Rules, Act, and your permit for specific requirements. Annual reports, maps, and fees must be filed electronically using the Division's ePermitting portal. If you have not done so already, you will need to sign up for electronic filing of your annual report, map, and fee by visiting the Division's web site (http://mining.state.co.us) clicking on "ePermitting" on the home page, and then clicking on the "Sign up for Minerals Annual Report Electronic Filing" link. 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us Jared S. Polls, Govemor I Dan Gibbs, Executive Director I Virginia Brannon, Director i On April 6, 2021, the Performance Warranty was approved and the site is deemed to be in full compliance with the bonding requirements. The transfer of this permit does not result in the transfer of any other permits or licenses with this Division, the State, or Federal agency which might be associated with this operation. If you have any questions, please contact me at sara.stevenson-benn@state.co.us. Sincerely, Sara Stevenson-Benn For Peter Hays, Environmental Protection Specialist RESOLUTION RE: APPROVE APPLICATION AND AGREEMENT FOR TRANSFER OF MINERAL PERMIT AND SUCCESSION OF OPERATORS FOR PIERCE PIT (PERMIT #M-1980-121) AND AUTHORIZE CHAIR TO SIGN - COLORADO DEPARTMENT OF NATURAL RESOURCES AND C&H AGGREGATES, 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, the Board has been presented with an Application and Agreement for Transfer of Mineral Permit and Succession of Operators for the Pierce Pit (Permit #M-1980-121) from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, to the Colorado Department of Natural Resources, Division of Reclamation, Mining and Safety, and C&H Aggregates, LLC, with further terms and conditions being as stated in said application and agreement, and WHEREAS, after review, the Board deems it advisable to approve said application and agreement, 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 Application and Agreement for Transfer of Mineral Permit and Succession of Operators for the Pierce Pit (Permit #M-1980-121) from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, to the Colorado Department of Natural Resources, Division of Reclamation, Mining and Safety, and C&H Aggregates, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said application and agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of January, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: �j�irnJ •�Cl�o%� Weld County Clerk to the Board my ttorney Date of signature: 0a102/'Z Steve ; oreno, C air Sc t._.. James, Pro=Tem CC : Pw(Eftki4k0 04/141.21 2021-0274 EG0079 MEMORANDUM TO: Esther Gesick, CTB DATE: January 22, 2021 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Transfer of Pierce Mining Permit Please place the attached contract renewal on the BOCC agenda for an upcoming 9 am hearing. The form is a succession of operator form that has to be signed by the Board. In December 2020, Weld County sold the old Pierce Pit property to Cliff Simpson. Mr. Simpson wishes to incorporate the property into other surrounding properties he has recently purchased. His intent is to mine all of the remaining material and create water storage reservoirs along Lone Tree Creek. This agreement will transfer the mining permit from Weld County over to Mr. Simpson's company. By transferring the permit, Weld County will no longer have any reclamation responsibilities or performance bonds with the Colorado Division of Mining, Reclamation, and Safety. The OnBase contract id is 4409. The application has to be initialed on page 6 above the initials of Mr. Simpson and signed on page 9. The Board previously approved the contract to be placed on the agenda via a pass around that was returned on January 18, 2021. I will plan on attending the meeting to answer any questions. Page 1 of 1 2021-0274 efiObicl BOARD OF COUNTY COMMISSIONERS PASS AROUND REVIEW PASS -AROUND TITLE: Transfer of Pierce Mining Permit DEPARTMENT: Public Works PERSON REQUESTING: Clay Kimmi DATE: January 18, 2021 Brief description of the problemlissue: Weld County recently sold the old Pierce Pit property to Cliff Simpson. Mr. Simpson has purchased the surrounding properties and plans to mine them and create a water storage reservoir. As part of the sale, Mr. Simpson agreed to transfer the mining permit from Weld County to his company. The attached Succession of Operators application requires the signature of both Weld County and Mr. Simpson to complete the transfer of the mining permit. Mr. Simpson will have to post a reclamation bond on the permit. Once the permit is transferred by the State, the State will release the County's performance warranty on the permit. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Sign the Succession of Operators application to transfer the mining permit to Mr. Simpson. Transferring the mining permit to Mr. Simpson makes him responsible for all reclamation activities. 2. Do not sign the Succession of Operators application. If the permit is not transferred to Mr. Simpson, Weld County remains on the hook to complete all the reclamation activities. Recommendation: Public Works recommends the BOCC choose option 1 because the mining permit will be transferred to Mr. Simpson and the County will not have to perform any further reclamation activities at the pit. Approve Recommendation Perry L. Buck Mike Freeman Scott K. James, Pro-Tem Steve Moreno, Chair Lori Saine rkF Schedule Work Session Other/Comments: STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 REQUEST FOR TRANSFER OF MINERAL PERMIT AND SUCCESSION OF OPERATORS APPLICATION PACKET COLORADO DIVISION OF RECLAMATION MINING - &- SAF ETY The Mined Land Reclamation Board ("Board") has approved this Transfer of a Mineral Permit and Succession of Operators Application Packet pursuant to the Mined Land Reclamation Act (C.R.S. § 34-32-101 et. seq.) ("Hard Rock Act") and associated Rules (2 C.C.R. 407-1) ("Hard Rock Rules') and the Land Reclamation Act for the Extraction of Construction Materials (C.R.S § 34-32.5-101 et. seq.) ("Construction Materials Act') and associated Rules (2 C.C.R. 407-4) ("Construction Materials Rules'). This Application Packet cannot be altered without the consent of the Board. Applicability This Transfer of a Mineral Permit and Succession of Operators Application Packet applies to mining operations where the current permitted mine operator ("Pennittee") wishes to transfer the Reclamation Permit ("Permit"), along with all associated reclamation responsibilities and liabilities, to a Successor Operator ("Successor"). This process is referred to as a Succession of Operators ("SO"). Filing Requirements for SO Application An SO Application is not complete until the Division of Reclamation, Mining and Safety ("Division") has received each of the six items listed below. The Board has authorized the Division to review SO Applications and to issue approvals and denials based on its review. The Division will not review incomplete Applications. 1) Application Form: An Application Form is included in this Application Packet. Please note that the Application Form must be fully completed, and must bear the original notarized signature of an authorized representative of BOTH the Permittee and the Prospective Successor. 2) Application Fee: If an Application concerns a Hard Rock or Designated Mining Operation, then a filing fee of $115.00 must be submitted to the Division. See C.R.S. § 34-32-127(2)(a)(I)(L). If an Application concerns a Construction Materials operation, then a filing fee of $144.00 must be submitted to the Division. See C.R.S. § 34-32.5- 125(1)(a)(X). Make all checks payable to the "Colorado Division of Reclamation, Mining and Safety." Office of Mined Land Reclamation Inactive Mines Denver • Grand Junction • Durango Office of Active and 3) Performance Warranty Form: The party wishing to become Successor ("Prospective Successor") must agree to assume all liability for the reclamation of affected land, and must provide a Performance Warranty covering the same. See C.R.S. §§ 34-32-119 and 34-32.5-119. A Performance Warranty Form is included in this Application Packet. The Performance Warranty Form must bear the original notarized signature of an authorized representative of the Prospective Successor. 4) Financial Warranty: The Prospective Successor must provide Financial Warranties sufficient to cover the cost of completing reclamation in compliance with the Permit, the applicable Act and Rules. See C.R.S. §§ 34-32-119 and 34-32.5-119. In order to ensure the adequacy of the Financial Warranties, the Division must recalculate the required Financial Warranty whenever it receives an SO Application. Depending upon the state of the operation and the outstanding reclamation work, the Successor may be required to post a higher (sometimes significantly) or lower Financial Warranty than the Permittee currently has in place. The Division must act on all SO Applications within 30 days. See Hard Rock and Construction Materials Rule 1.12.1(2)(a). Since the Division cannot typically review the amount of the required Financial Warranty within this 30 -day period, applicants have the following two options: Applicants may waive their right to receive a decision within 30 days. If the applicants waive their right to a decision within 30 days, the Division will recalculate the required Financial Warranty before issuing its decision on the Application. As a result, the Prospective Successor will know, prior to becoming Successor, whether the current Financial Warranty is adequate to cover the reclamation liability, or if the Financial Warranty must be increased. In this case, the Prospective Successor must submit the full Financial Warranty as part of the Application. Applicants may decide not to waive their right to a decision within 30 days. If the applicants choose not to waive their right to a 30 -day review, the Division will review the Financial Warranty after issuing its decision on the Application. In this case, the Prospective Successor must submit a conditional replacement Financial Warranty in the amount of the Permittee's current Financial Warranty as part of the Application. If the Application is approved, the Division will conduct an inspection within 60 days to assess the amount of the reclamation liability. If the inspection reveals that the reclamation liability exceeds the amount of the conditional replacement Financial Warranty, the Successor must submit the difference within sixty days. Failure to meet this deadline may result in an enforcement action. If the inspection reveals that the reclamation liability is less than the conditional replacement Financial Warranty, the Successor may request a Financial Warranty reduction for release of the difference. - 2 - It is the applicants' right to receive a decision on their complete Application within 30 days. The applicants are free to choose whichever option they decide is best. Permittee and Prospective Successor must designate their decision on the attached Application Form. 5) Demonstration of Legal Right to E nter: All Permittees must provide a description of the basis for legal right of entry to the site and to conduct mining and reclamation. See Hard Rock and Construction Materials Rules 6.3.7 and 6.4.14. To comply with this requirement, the Prospective Successor must demonstrate that he/she/it has obtained a legal right of entry from any and all surface and mineral rights owners in the affected lands, independent of the current Permittee. See Hard Rock and Construction Materials Rules 6.3.7, 6.4.14, and 1.6.2(1)(e)(i). This may be a copy of an access lease, deed, abstract of title, current tax receipt, or a signed and notarized statement by the property owners stating that the Prospective Successor has a legal right to enter. See Hard Rock and Construction Materials Rule 6.3.7. 6) Structure Agreements: In many cases, operators must provide the Division copies of agreements to compensate the owners of any significant, valuable, and permanent man- made structures and utilities within 200 feet of the affected land ("Structure Agreements"). See Hard Rock Rules 6.3.12 and 6.4.20; Construction Materials Rules 6.3.12 and 6.4.19. If the Permittee was required to provide Structure Agreements, the Prospective Successor must obtain new Structure Agreements from each owner and provide copies of the same to the Division with the Application. Application Review Process The Division will grant an Application if it finds that all required information has been submitted, that the Prospective Successor is capable of assuming all responsibility for original permit by virtue of acceptable performance and Financial Warranties, and that the Prospective Successor has no outstanding violations. See C.R.S. §§ 34-32-119 and 34-32.5-119. If the Division does not act within 30 days from the date that a complete Application has been filed, the Application will be considered automatically approved. See Hard Rock and Construction Materials Rule 1.12.1(2). If an Application is denied, the Division will notify the Permittee and Prospective Successor no later than 10 days from the date it renders its decision. Both the Permittee and Prospective Successor may appeal a denial of an Application to the Board by submitting a written request for an administrative appeal hearing to the Board within 30 days of final decision date. See Hard Rock and Construction Materials Rule 1.4.11. - 3 - ■ ■ ■ ■ Application Checklist Application Form: Complete the form located on page 5. Application Fee: Include check payable to Colorado Division of Reclamation, Mining and Safety. Performance Warranty: Complete the form located on page 11. Financial Warranty: Submit the appropriate Financial Warranties or conditional replacement Financial Warranties using the forms posted on the Division's website (available online at http://mining.state.co.us/Mineral%20Forms.htm). Demonstration of Legal Right to Enter: Identify the owners of all surface and mineral rights, obtain the documentation described above, and submit to the Division. Structure Agreements: obtain new Structure Agreements if Pennittee had been required to do so. 4 STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 APPLICATION FORM FOR TRANSFER OF MINERAL PERMIT AND SUCCESSION OF OPERATORS ADMINISTRATIVE INFORMATION Permit Information Permit Number: M-1980-121 COLORADO DIVISION OF RECLAMATION MINING SA ETY Operation Name: Pierce Pit Permittee Information Contact Person: Clay Kimmi, P.E. Company Name: Weld County Public Works Street Address: 1111 H St, PO Box 758 city: Greeley State: CO Phone: ( 970 ) 400-3741 zip: 80632 Email (optional): ckimmi@Welddov.com Prospective Successor Information Cliff Simpson Contact Person: Company Name: C&H Aggregates, LLC Street Address: 46335 C R 39 city: Nunn State: Colorado zip: 80648 Phone: ( 970 )324-5870 Email (optional): Cliff@chexcaVation.com Office of Mined Land Reclamation Inactive Mines Denver • Grand Junction • Durango Office of Active and Other Reclamation Permits held by Prospective Successor (if applicable): Lone Tree Mine (M-2010-047) North Weld Gravel Pit (M-1976-018); pending SO DESIGNATION OF REVIEW TIMELINE As explained above, the Permittee and Prospective Successor may waive their right to receive a decision on an Application within 30 days in order to allow the Division to calculate the required Financial warranty before issuing its decision. Pe-mittee and Prospective Successor must initial one of the following two options to designate their choice. If Perrnittee and Prospective Successor cannot agree, the Division will render its decision within 30 days. Permitt Pros tive Successor Permittee Prospective Successor I have reviewed the information provided in this Application Packet, as well as the applicable Act and Rules. Having been fully informed, I wish to WAIVE MY RIGHT TO A DECISION ON MY APPLICATION WITHIN 30 DAYS. I have reviewed the information provided in this Application Packet, as well as the applicable Act and Rules. Having been fully informed, I wish to MAINTAIN MY RIGHT TO A DECISION ON MY APPLICATION WITHIN 30 DAYS. The Prospective Successor must provide an adequate Financial warranty or conditional replacement Financial warranty, consistent with the designation above. Hard Rock and Construction Materials Rule 4.3 describes the various acceptable types of Financial Warranties. Each Financial warranty must be submitted on the Board's approved forms (available online at http://mining.state.co.us/Mineral%20Forms.htm). 6 DUE DILIGENCE CERTIFICATION The Board wishes to ensure that Prospective Successors are fully informed of their duties and obligations should they become Successor to the Permit. Accordingly, the Prospective Successor must carefully review the items below and must initial indicating its agreement and understanding. Ace es� If the Application is approved, the Prospective Successor will assume all liability for the reclamation of the affected land, and for compliance with the Hard Rock Act and Rules or the Construction Materials Act and Rules, as applicable (available online at httpa//mining.state.co.us/Rules%20and%20Regs.htm). Successor will be liable for any pre-existing conditions or violations, whether known or unknown at the time of the SO. It is the Prospective Successor's sole responsibility to investigate the operation prior to filing an Application. If the Application is approved, the Successor will be solely responsible for maintaining the mining and reclamation operations in compliance with the Reclamation Permit. The Permit includes the original approved .Application, along with any and all subsequent revisions, amendments, and conversions thereto. It is not uncommon for. a Permit to include dozens of documents that span many years. It is the Successor's sole responsibility to obtain a full and complete copy of the Permit and to understand the extent of his/her/its obligations thereunder. Permit documents may be purchased from the Division of Reclamation, Mining and Safety (the "Division") upon request or viewed on the Division's website at htt ://drmsweblink.state.co.us/drmsweblinkisearch.aspx?dbid=0 If the Application is approved, the Successor must submit Annual Fees and Annual Reports to the Division on the anniversary date of the Reclamation Permit. For hard rock and designated mining operations, consult C.R.S. § 34-32-127(2) for the amount of the Annual Fee. For construction materials operations, consult the C.R.S. § 34-32.5-125 for the amount of the Annual Fee. Required annual reporting information is described in Hard Rock and Construction Materials Rule 1.15 and in the Annual Report Form provided by the Division. Failure to submit Annual Fees or Annual Reports may result in enforcement action. 7 APPLICANTS' AGREEMENT TO REQUEST TRANSFER OF MINERAL PERMIT AND SUCCESSION OF OPERATORS WHEREAS, on August 28 was granted to Weld County , 1980 Permit Number M-1980-121 ("Permit") ("Permittee"), pursuant to which Permit, Permittee has engaged in a mining operation located in Weld County, Colorado. WHEREAS, The Permit includes and incorporates any and all subsequent Amendments, Technical Revisions and/or Conversions. WHEREAS, Permittee wishes to assign the entire Permit, along with all associated rights and responsibilities to C&H Aggregates, LLC ("Prospective Successor"), and Prospective Successor wishes to become Successor Permittee under the Permit. WHEREAS, Prospective Successor has inspected the mining and reclamation operations and is fully aware of the conditions thereof. WHEREAS, Prospective Successor understands that the Reclamation Plan (the "Plan") is an integral part of the Permit and is required by law. Prospective Successor has had an opportunity to thoroughly review the Plan, understands that the Plan has not been completed and that, if Prospective Successor becomes Successor, he/she/it will assume full responsibility for the completion of the Plan. NOW THEREFORE, Permittee and Prospective Successor hereby agree, for their own benefit and for the benefit of the State, as follows: Prospective Successor agrees to accept all of the conditions of the Permit, including the condition that the operation remains in compliance with all applicable laws and regulations, and to perform all of the obligations of the Permittee under the Permit. Prospective Successor agrees to complete the Plan, and to assume all liability for the same, as to all areas presently disturbed, as well as to all areas hereafter disturbed. Prospective Successor agrees to submit to the Division of Reclamation, Mining and Safety ("Division"), Performance and Financial Warranties, as required by applicable law and regulations, which will be substituted for the Performance and Financial Warranties previously filed by the Permittee, if and when the Division approves a Transfer of Mineral Permit and Succession of Operators ("SO") and releases the latter Warranties. Prospective 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 Mined Land Reclamation Act (C.R.S. § 34-32-101 et. seq.) ("Hard Rock Act") and associated Rules (2 C.C.R. 407-1) ("Hard Rock Rules") or the Land Reclamation Act for the Extraction of - 8 - ConstTuction Materials (C.R. S. § 34-32.5-101 et. seq.) ("Construction Materials Act") and associated Rules (2 C.C.R. 407-4) (`Construction Materials pules"), with respect to any other operation conducted by the Prospective Successor in the State of Colorado. Permittee and Prospective Successor hereby request that the dined Land Reclamation Board (`Board") approves their SO Application, recognizes the Prospective Successor as Successor operator under the Permit, accepts the Prospective Successor's Performance and Financial Warranties, and releases the current Permittee's s Performance and Financial warranties. h SIGN ED, S _ EAL4-4:D AND DATED this GA day of PFRMY'I'TEE eId County - STEVE MORENO Name of Permittee By Signature of Officer BOCC CHATR Title of Officer PROSPECTWE SUCCESSOR C&H Aggregates, LLC Name of Pros taecti Successor #Y Signa are ./PLe...fte Title of Officer NOTARY FOR PERMITTEE STATE OF COLORADO ) ss.: COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 27 th day ®f January , 2021 , by Steve Moreno as Char of the BOCC CCCIrtraar iY�si/aW4Y. tY.CYVAiWvi�a�.4. WYrs.Y0u4...MM.n......_r Q^. :T+1y.•...n..1.niR...Yauwastaan crovnetrAte rtAacwv..e- .. •. CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE Ur C O L Ci R A O NOTARY ID 20144048044 MY OOMMISsI3N OWES DEC. 1.0, 2022- Notary Public ' 1V y Commission Expires 12/19/ . 1 2 1 I • t utTA=• ft1(wmavAYIaSe 2.*e?-4.twYi4tt Lil n CC41 Cn:.atliNKLTIIC:avn sumsi421r4r =•^•^'•^t•'•-•'•^•'r.k J¢�A_i'�scrsnJ NOTARY FOR PROSPECTIVE SUCCESSOR STATE OF ca„,,„, rA,el°, COUNTY OF wa„g, g� The foregoing instrument was acknowledged before me this Ar- day of A, 0. r' , .20a ( , by ` _ °. rap seen_ as -. ° ,tivn Me" bar of e, Notary Public My Commission Expires STATE APPROVAL [for completion by Division] TROY D ANDERSON NOTARY PUBLIC ?s STAFF OF COLORADO z< NOTARY ID 1996 002196 MY COMMISSION EXPIRES NOVEMBER 8 2121 (a) The Board hereby approves the transfer of permit number from to (b) The Board hereby recognizes as Successor Operator under such Permit. (c) The Board hereby accepts the Performance and Financial Warranties submitted by Successor- and hereby releases , as former Perrnittee from all obligations under its Performance and Financial Warranties. The Board further releases all affected financial warrantors from obligations under Financial Warranties associated with the former Permittee. STATE OF COLORADO DEPARTMENT OF NATURAL RESOURCES MINED LAND RECLAMATION BOARD DIVISION OF RECLAMATION, MINING AND SAFETY By: Date Executed: Division Director STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 PERFORMANCE WARRANTY Operator: C&H Aggregates, LLC Operation: Pierce Pit Permit Number: M-1980-121 COLORADO DIVISION OF RECLAMATION MINING - &- SAFETY This form has been approved by the Mined Land Reclamation Board ("Board') pursuant to the Mined Land Reclamation Act (C.R.S § 34-32-101 et. seq.) ("Hard Rock Act') and associated Rules (2 C.C.R. 407-1) ("Hard Rock Rules') and the Land Reclamation Act for the Extraction of Construction Materials (C.R.S. § 34-32.5-101 et seq.) ("Construction Materials Act') and associated Rules (2 C.C.R. 407-4) ("Construction Materials Rules'). Any alteration or modification of this form, without approval by the Board shall result in the performance warranty being invalid and result in the voiding of any permit issued in conjunction with such invalid performance warranty and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to sections 34-32-123, C.R.S. of the Hard Rock Act and 34-32,5-123, C.R.S. of Construction Materials Act. KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. § 34-32-101 et seq. (the "Hardrock Act"), as amended, and the Colorado Land Reclamation Act for the Extraction of Construction Materials, C.R.S. § 34-32.5-101 et seq. (the "Construction Materials Act"), as amended (collectively the "Acts"), provide that no permit may be issued until the Mined Land Reclamation Board (the "Board") receives a performance warranty consisting of the Operator's written promise to comply with the requirements of the Hardrock or Construction Materials Act, whichever is applicable. WHEREAS, C&H Aggregates, LLC permit to conduct a mining operation known as (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." (the "Operator"), has applied for a Pierce Pit WHEREAS, in its application for the permit, the Operator has agreed to be bound by all requirements of the Hardrock or Construction Materials Act and all applicable rules and regulations of the Board, as amended from time to time. Office of Mined Land Reclamation Inactive Mines Denver • Grand Junction • Durango Office of Active and WHEREAS, the Operator hereby gives the Board this performance warranty pursuant to C.R.S. §§ 34-32-117(2) or 34-32.5-117(2), and herein promises the Board that it will comply with all applicable requirements of the Hardrock or Construction Materials Act. NOW, THEREFORE, The Operator hereby promises the Board that it will comply with all applicable requirements of the Hard Rock or Construction Materials Act and applicable rules and regulations of the Board. 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. The Operator promises the Board, pursuant to C.R.S. §§ 34-32-112(1)(d) or 34-32.5-112(1)(b)(IV), 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, revision of the permitted mining area, or disturbance by the Operator 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 Hardrock or Construction Materials 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. The obligation of the Operator hereunder shall continue until released by the Board in accordance with applicable law. The Operator promises to be responsible for the cost of reclamation up to the amount established by the Board and has attached hereto its financial warranty, in . accordance with C.R.S. §§ 34-32-117(3) or 34-32.5-117(3). The Operator agrees that it will maintain a financial warranty (or warranties) covering the Board's estimated costs of reclamation in good standing for the entire life of the permit. If the Operator is a unit of County or Municipal government, or is a department or division of State government, the Operator is not required to submit or post any other instrument of financial responsibility but hereby promises to be responsible for the cost of reclamation up to the amount specified by the Board. 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. The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors and assigns. - 12 - SIGNED, SEALED AND DATED this Ac- day of � ct-I 04P d‘d icataftge Operator BY: / IX/47' (SEAL) Title: f awe- ee NOTARIZATION OF OPERATOR'S ACKNOWLEDGEMENT STATE OF C tste,,r ) ss.: COUNTY OF vote I.The foregoing instrument was acknowledged before me this M day of by Cal', b ftr 6� ash ��A s� of 4 Notary Public My Commission Expires 11/4- a.ifapr is , 1(4 An STATE OF COLORADO DEPARTMENT OF NATURAL RESOURCES MINED LAND RECLAMATION BOARD DIVISION OF RECLAMATION, MINING AND SAFETY By: Date Executed: Division Director Rev. 05/12 Contract Forma New Contract Request Entity Name* SIMPSON, CLIFF Entity ID* 'g09U4Q975 Contract Name* SUCCESSION OF OPERATOR FOR PIERCE PIT Contract Status CTB REVIEW Contract Description* SUCCESSION OF OPERATOR FOR THE OLD PIERCE GRAVEL PIT. Contract Description 2 Contract Type* APPLICATION Amount* 50.00 Renewable NO Automatic Renewal NO Grant NO IGA NO Department PUBLIC WORKS Department Email CM- Pu bl icWorks gweldgov. com Department Head Email CM-Public-Works- DeRtHeadgweldgov.cdm County Attorney GENERAL COUNTY A I 1 ORNEY EMAIL County Attorney Email CM- COU NTYA 1 I O RN EYPWE LDG OV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Notethe Previous Contract Number and Master OnBase Contract Dates Effective Date ❑ New Entity? Contract ID 4409 Cori act Lead* CKIMMI Contract Lead Email CKimmico.weld.co.us Requested BOCC Agenda Date* 01.(27,/2021 Parent Contract ID Requires Board Approval YES Department Project # Due Date 01/23/2021 Will a work session with BOCC be required?* HAD Does Contract require Purchasing Dept. to be included? NO ices Agreement Number should be left blank if those contracts are not m Review Date* 41/22/2021 Renewal Crate Termination Notice Period Expiration Date • 12/3112120 Contact Infortnation Purchasing Purchasing ,Approver Department Head JAY MCDO°NALD Finance Approver BARB CONNOLLY DH Approved Elate 01,22?2021 i OCC Approved ROCC Signed Date BOCC Agenda Date 01,27/2021 Originator CKIMMI Purchasing Approved Date Finance Approved Date 01/25/2021 Tyler Ref # AG 012721 Legal Counsel BOB CH©ATE Legal Counsel Approved Date 01'25,2©21 Hello