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Home My WebLink About20201737.tiffRESOLUTION RE: APPROVE STRUCTURE AGREEMENT FOR COMPENSATION FOR DAMAGE TO STRUCTURES WITHIN 200 FEET OF MINING ACTIVITIES AT KOSKIE GRAVEL PIT AND AUTHORIZE CHAIR TO SIGN - NUNN TELEPHONE COMPANY 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 Structure Agreement for the Compensation for Damage to Structures within 200 Feet of Mining Activities at the Koskie Gravel Pit 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 Public Works, and the Nunn Telephone Company, commencing upon full execution of signatures, 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 Structure Agreement for Compensation for Damage to Structures within 200 Feet of Mining Activities at the Koskie Gravel Pit 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 Public Works, and the Nunn Telephone Company, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of June, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d#400irm) je1044 Weld County Clerk to the Board BY: a Mike Freeman, Chair Steve Pro-Tem ott K. James AP ' t1 E D �s�c', ■r�:�L f A (.y%/�c-44 ; Coun y Attorney Kevin D. Ross Date of signature: OCo103f1 � c : Pw C HGroc t (CH), oc.C6c) 7/02.12.0 2020-1737 EG0078 3693 MEMORANDUM TO: Esther Gesick, CTB FROM: Hayley Balzano, Public Works DATE: June 4, 2020 SUBJECT: Koskie Pit Amendment App. Structures Agreement — Nunn Telephone Please place the attached Nunn Telephone Structures Agreement for the Koskie Pit Amendment Application on the next available Board of County Commissioners hearing agenda. This is OnBase Contract ID 3693. One original has been forwarded to CTB. Please return the original so that they can be forwarded to the DRMS for the Mining Permit Application. In 2014, when the original Koskie pit gravel mine application was submitted, Public Works attempted to contact Nunn Telephone for a structures agreement and no response was received. Due to the amendment changing the mining permit boundaries, the DRMS is requiring the County attempt to get a structures agreement (attached). This agreement was mailed to Nunn Telephone and a signed copy was sent back. This agreement is on the DRMS form and covers the Nunn Telephone utility in the southern right-of-way for County Road 120. Because mining will not be occurring near CR 120, it is not anticipated that mining will cause damage to this telephone line. Public Works intends to be present at the hearing to answer any questions the BOCC may have. ©AO 2020-1737 E&®075 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Koskie Pit Amendment App. Structures Agreement - Nunn Telephone DEPARTMENT: Public Works DATE: May 13, 2020 PERSON REQUESTING: Hayley Balzano Brief description of the problem/issue: In 2014, when the original Koskie pit gravel mine application was submitted, Public Works attempted to contact Nunn Telephone for a structures agreement and no response was received. Due to the amendment changing the boundaries, the DRMS required that the County attempt to get a structures agreement (attached). This agreement was mailed to Nunn Telephone and a signed copy is being sent back. This agreement is on the DRMS form and covers the Nunn Telephone utility in the southern ROW for CR 120. It is not anticipated that mining will cause damage to this telephone line. What options exist for the Board? (include consequences, impacts, costs, etc. of options): Sign the agreement to allow for the amended application to be completed. If the agreement is not signed, the amended application cannot be submitted to the DRMS. Recommendation: Public Works recommends that the Board of County Commissioners agree to place the structures agreement on the agenda for approval so that the amended application is not delayed. Mike Freeman, Chair Scott K. James Barbara Kirkmeyer Steve Moreno, Pro-Tem Kevin D. Ross Approve Recommendation Work Session Schedule Other/Comments: CERTIFICATION The Applicant, Weld County Public Works (print applicant/company name), by Mike Freeman (print representative's name), as Chairman of the Board of County Commissioners (print representative's title), does hereby certify that Nunn Telephone Company (structure owner) 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 A, of the Reclamation Permit Application for Koskie Pit Amendment (operation name), File Number M-2014- 024 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. ACKNOWLEGED BY: Structure Owner Date yTARY FOR STRUCTURE OWNER Representative Name ---- ' . 'ces.-,,.�/._ STATE OF eo COUNTY OF atid ) ss. Title f e foregoing was acknowledged before me this si day of , 20 2 by n tie? Orablhtid f/ as /21ni C o .a4 fi/Their ( O1D1M / Notary Public My Commission Expires: a-/ A TEMA M STUMPF Notary Public State of Colorado NolnrY ID $170094038943 20 202 1 MY Commission Ex p Tres NTARY FOR PERMIT APPLICANT ACKNOWLEGED BY: Structure Owner Date 06/10/2020 Name Mike Freeman STATE OF coma) ss. COUNTY OF WET D ) Title Chair, Board of Weld County Commissioners The foregoing was acknowledged before me this lOthday of June , 20 20, by Mike Freeman as Chair of the Board of Weld County Commissioners. Notary P is My Commission Expires: 12/19/2022 ec3HERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 2014404 8044 MY COMMISSION EXPIRES DEC. 19, 2022 Qflis�.J�iiTaa4fiM!1r 2 C Legend O Telephone Pedestal 200 ft Buffer Access Nunn Telephone * Stock well Mine Permit Boundary Existing Mining Area Existing Fence New Fence Topsoil Stockpile Mining Area minimums Haul Road ne /////////////i" ////// ///// Gravel stockpiles will be located at various locations within the mining area as necessity ed by mining operation. Direction of Mining New fence to -be constructed by Weld Coun Existing fence shown in green owned by Scott and Carrie Koskie Telephone pedstals and telephone line owned by Nunn Telephone Company County Road 120 owned by Weld County Stock well owned by Scott and Carrie Koskie Exhibit C3 - Mining Plan Map Engineer Statement ,.` �.•;cpN D, '':.S:� I, Clayton Kimmi, a professional Engineer licensed in the •� O:' A Pi •'• 0 = State of Colorado, do hereby state that this map was „II;. • �� 40739 prepared by me or under my direct supervison in accordance with the provisions defined by the Division of •• 'ti .�:^ .•••''�.......•••''•� Reclamation, Mining and Safety This statement is not a guaranty or warranty, either expressed or implied. .�6•e .,•, ioNAle �„••.....••.•' Preparers Clayton Kimmi P.E. No. 40739 300 150 0 Feet 300 71SCAJMER 'he GIS database and data m the p'oc.IC h L..otect :o constant change and the accuracy and completeness cannot a and is not guaranteed The designation of tots or parcels or and uses ,n the database does not imply that the lots or arcels were cleated a that the land uses comply with aopl.ode Star or Loo! Law WELD COUNTY MAKES NO AMRRANTIES OR GUARANTEES. EITHER EXPRESSED OR MPLIED AS TO THE COMPLETENESS, ACCURACY OR CORRECTNESS OF SUCH PRODUCT. NOR ACCEPTS ANY _IABILITYARISING FROM ANY INCORRECT, INCOMPLETE DR MISLEADING INFORMATION CONTAINED THEREIN 1 April 23, 2020 PUBLIC WORKS DEPARTMENT 1 1 1 1 H Street, P.O. Box 758 Greeley, Colorado 80632 Website: www.weldgov.com Phone: (970)304-6496, ext. 3750 Fax: (970)304-6497 N unn Telephone Company 285 Logan Ave N unn, CO 80648 Re: Agreement for Compensation for Damage to Structures within 200 Feet of Mining Activities To Whom it May Concern: Weld County is currently applying for a permit from the State of Colorado, Division of Reclamation, Mining, and Safety ("DRMS"), to amend the mining permit to mine the property located at the East 1/2 of Section 12, Township 10 North, Range 67 West of the 6th P.M., Weld County, Colorado ("the P roperty"). Your company is the owner of a utility line in the southern right-of-way of County Road 120, located at the northern edge of the Property. The DRMS Permit Application requires the submittal of an agreement between the prospective permit holder and the owners of structures located within 200 feet of the proposed area to be mined, agreeing to provide compensation to the owners if the mining causes any damages to the structures. The mining operations will continue within the currently permitted area and will extend south, away from your utility. It is anticipated that mining will not be a risk for your utility as the mining will not enter the County Road 120 right-of-way and is going to proceed away from your utility. The purpose of this letter is to request your authorization to conduct mining and reclamation within 200 feet of these structures. In return for such authorization, Weld County agrees to provide you with fair compensation if, in the course of the mining and reclamation activities, the structures are damaged as a result of the activities. If you have any questions, please feel free to call Bruce T. Barker, Weld County Attorney at 970-400- 4390, Clay Kimmi at 970-400-3741, or Hayley Balzano at 970-400-3738 S incerely, Hayley Balzano, Engineer I Weld County Public Works M:\Administration\Forms\LetterHead-PW.docx New Contract Request Entity Information Entity Name* NUNN TELEPHONE CO Entity ID* @00025196 Contract Name NUNN TELEPHONE STRUCTURES AGREEMENT - KOSKIE PIT AMENDMENT APPLICATION Contract Status CTB REVIEW Contract ID 3693 Contract Lead k HBALZANO ❑ New Entity? Parent Contract ID Requires Board Approval YES Contract Lead Email Department Project # hbalzano@co weld co us Contract Description A STRUCTURES AGREEMENT FOR THE NUNN TELEPHONE LINE IN THE SOUTHERN ROW OF CR 120 - WITHIN THE 200 FOOT BOUNDARY OF THE KOSKIE PIT AMENDMENT APPLICATION BOUNDARY AGREES TO COMPENSATE FOR ANY DAMAGES TO THE TELEPHONE LINE CAUSED BY MINING Contract Description 2 Contract Type* AGREEMENT Amount * $0 00 Renewable A NO Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks@aeldgov cam Department Head Email CM-PublicWorks- DeptHead@weldgov corn County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WELD GOV COM Requested BOCC Agenda Date* 06/15/2020 Due Date 06/11/2020 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? if this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note_ the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates ' Effective Date Termination Notice Period Review Date* 06/04/2020 Committed Delivery Date Renewal Date Expiration Date* 12/31/2120 Contact Information Contact Info - Contact Name Purchasing Purchasing Approver Approval' Process Department Head JAY MCDONALD DH Approved Date ' 06/04/2020 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 06/10/2020 Originator HBALZANO Contact Type Contact Email Finance Approver CHRIS D'OVIDIO Contact Phone 1 Purchasing Approved Date Finance Approved Date 06/05/2020 Tyler Ref # AG 061020 Legal Counsel BOB CHOATE Contact Phone 2 Legal Counsel Approved Date 06/05/2020 r Hello