The URL can be used to link to this page

Browse Search

Home My WebLink About20201477.tiffRESOLUTION RE: APPROVE AMENDMENT #1 TO STRUCTURE AGREEMENT FOR COMPENSATION FOR DAMAGE TO STRUCTURES WITHIN 200 FEET OF MINING ACTIVITIES AT KOSKIE GRAVEL PIT AND AUTHORIZE CHAIR TO SIGN - SCOTT KOSKIE 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 Amendment #1 to the 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 Scott Koskie, commencing upon full execution of signatures, with further terms and conditions being as stated in said amendment, and WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Amendment #1 to the 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 Scott Koskie, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said amendment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of May, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dit4s) iic jelia:ei Weld County Clerk to the Board Deputy Clerk to the Boar ttorney Date of signature: Jam' /2 Mike Freeman, Chair Kevin D. Ross cc : CP (6c) Pw(H8 /ER /cri) O8"/2O /z O 2020-1477 EG0078 # 3645 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Koskie Pit Amendment Application Structures Agreement DEPARTMENT: Public Works DATE: April 29, 2020 PERSON REQUESTING: Hayley Balzano Brief description of the problem/issue: The Koskie gravel mine has an existing structures agreement (attached) for the Koskie's fence and well. Due to the amendment changing the boundaries, an updated structures agreement (attached) is required by the DRMS. This agreement is on the DRMS form and covers the Koskie's fence and livestock well. It is not anticipated that mining will cause damage to any of these structures. 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 -Tern Kevin D. Ross Approve Schedule Recommendation Work Session cc.' PW Un Pa -6\9e O511.8" OS/ tq I EG©©78 Other/Comments: 2020-1477 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 Scott Koskie (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 File Number M-2014- 024 (operation name), 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. ACKNOWLEGGEDQBY: Applicant r� " ....C_ Date MAY 18 2020 STATE OF Q(ocexa0 ) COUNTY OF W ¢,1 c NOTARY FOR PERMIT APPLICANT epresentative Name Mike Freed Chair, Board of County Commissioners The foregoing was acknowledged befor u 1 s c' `��'cfay of (N , 20 0, by n1Ln fo (Y1 i %Sc. C-Ceeas Chi.. i.. i r of +1AL U)t d Cax-en+((a and c fr , i SSio rVtsS . a. `�1R�-(1'L My Commission Expires: 000 ( c73 % ` Cl ao ary Public CHLOE ALEXANDRA REMPEL NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20164024038 MY COMMISSION EXPIRES JUNE 23, 2020 QOD0 L(11 NOTARY FOR STRUCTURE OWNER ACKNOWLEGED BY: S a bt lD.)I��Sk1 Structure Owner (2&rriQ 1<05 1QL Name,v, Date , 4 2 (I) 2 4 Title STATE OF CO1tY&' 0 ) • ) ss. COUNTY OFM,(. ) The foregoing_was acknowledged before me this day of jUJL. , 201_,O, by C. O tt CARRst JO APS as 0 .,.P a -t' 5 of -l.e. ` Lru•e. i- yr t c),e_5•Gri6 tke 29 Ar :.1.)2 )20 /e.fitr- My Commission Expires: qjq_ Zo 2Z NICOLE HICKS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20164014456 MY COMMISSION EXPIRES APRIL 14, 2024 :r V Mine Permit Area: 160.44 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 .sue Haul Road approximate starting location for gravel screening and crushing Equipment will move as necessitated by mining. Gravel stockpiles will be located at various locations .\ within the mining area as necessitated bytmining operation: 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 v ., Engineer Statement �.` ° egoll�0 '-'11 �:' `� �� •'• �� I. Clayton Kimmi, a professional Engineer licensed in the State of Colorado, do hereby state that this map was �� 40739 �: prepared by me or under my direct supervison in i ; ; accordance with the provisions defined by the Division of '. .• •' '�, Reclamation, Mining and Safety. This statement is not a guaranty or warranty, either expressed or implied. ''•`s`StolAL. '•••e....•..''. Preparer: Clayton Kimmi P.E. No. 40739 300 150 0 Feet 300 SSCAJMER 'he GIS database and data the product is subject to constant change and the accuracy and completeness cannot be and is not guaranteed The designation of lots or parcels or and rses n the database does not imply !hat the lots or 9ices were created a that the tend uses comply with applicable State or Local Law WELD COUNTY MAKES NO WARRANTIES OR GUARANTEES. EITHER EXPRESSED OR MPLIED AS r0 THE COMPLETENESS. ACCURACY, OR CORRECTNESS OF SUCH PRODUCT, NOR ACCEPTS ANY LIABLITY ARISING FROM ANY INCORRECT. INCOMPLETE. OR M'SLEADING INFORMATION CONTAINED THEREIN April 29, 2020 PUBLIC WORKS DEPARTMENT 1111 H Street, P.O. Box 758 Greeley, Colorado 80632 Website: www.weldgov.com Phone: (970)304-6496, ext. 3750 Fax: (970)304-6497 Scott and Carrie Koskie 14570 N. County Road 7 Wellington, CO 80543 Re: Agreement for Compensation for Damage to Structures within 200 Feet of Mining Activities Dear Mr. and Mrs. Koskie, On March 16, 2020 the Weld County Board of County Commissioners signed a document entitled 'First Amendment to Right to Enter Agreement to Obtain soil and/or Gravel for Road Purposes.' In this Agreement, you are listed as being the "owner" of the E1/2 of the NE1/4 and the W1/2 of the NE1/4 of Section 12, Township 10 North, Range 67 West of the 6th P.M., Weld County, Colorado ("the Property"). Weld County is currently applying for a permit from the State of Colorado, Division of Reclamation, Mining, and Safety ("DRMS"), to mine 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 come within approximately 30 feet of the fence lines on the north, west, and east boundaries of the mine permit area and within approximately 50 feet of your pump and livestock water well. It is anticipated that mining will not be a risk for any of these structures due to not having a vertical wall condition. It is proposed that the reclamation slopes will be shallow enough to allow farm implements to traverse the area. The future mining will be west of and south of the currently mined area. The area near the eastern fence line is included in this mining permit to allow for potential stockpiling and processing in this area. 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 Sincerely, Hayley Balzano, Engineer I Weld County Public Works RESOLUTION RE: APPROVE AGREEMENT FOR COMPENSATION FOR DAMAGE TO STRUCTURES WITHIN 200 FEET OF MINING ACTIVITIES AND AUTHORIZE CHAIR TO SIGN - SCOTT KOSKIE 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 Agreement for Compensation for Damage to Structures Within 200 Feet of Mining Activities between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Scott Koskie, for structures located within 200 feet of the property described below, and described as the Koskie Gravel Pit, commencing upon full execution, with terms and conditions being as stated in said agreement: Located in part of the E112 of Section 12, Township 10 North, Range 67 West of the 6th P.M., Weld County, Colorado, 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 Agreement for Compensation for Damage to Structures within 200 Feet of Mining Activities between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Scott Koskie, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. CL:Pw(6O-) tA (66) a,,up-,as5/6/ikt 51,E K 2014-1383 BC0046 APPROVE AGREEMENT FOR COMPENSATION FOR DAMAGE TO STRUCTURES WITHIN 200 FEET OF MINING ACTIVITIES - SCOTT KOSKIE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of May, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditifeti�� Weld County Clerk to the Board BY: Deput APP unty Attorney Date of signature: Si I i Douglbs Rademsachery Chair arb irk a err77 Pro -Tern can P. Conway Mike Freeman I WNilam `F. Garcia 2014-1383 BC0046 MEMORANDUM TO: Esther Gesick, Clerk to the Board DATE: May 1, 2014 FROM: Clay Kimmi, P.E., CFM, Public Works SUBJECT: Structures Agreement Between Weld County and Scott Koskie for the Koskie Gravel Pit Please place the attached agreement on the BOCC Agenda. Please return a copy of the agreement to me for my records. The attached agreement is called a Structures Agreement and is required by the Division of Mining, Reclamation, and Safety to be included as part of the mining permit. The Agreement states that Weld County shall be responsible for damage that occurs to any permanent structures within 200 feet of the pit that are damaged as a result of the mining activity. There are two fences and a stock well that are covered under this agreement with Mr. Koskie. In order to protect the stock well from damages due to mining, the County will fence off the pit to prevent mining operations from occurring too closely to the well. To prevent damages to the fences, the County will set back a minimum of 25 feet from each fence line so that mining equipment will not be able to damage the fences. I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding this agreement. 2014-1383 Page I of I M:1Mining\Koskie\Structures Agreement BOCC Memo docx BOARD OF COUNTY COMMISSIONERS 1150 0 STREET P.O. BOX 758 GREELEY, COLORADO 80632 PHONE: 970-336-7204 FAX: 97Q-352-0242 March 27, 2014 Scott Koskie 14570 N. County Road Wellington, Colorado 80549 Re: Agreement for Compensation for Damage to Structures within 2Q0 Feet of Mining Activities Dear Mr. Koskie: On October 30, 2013, the Board of County Commissioners of Weld County approved and authorized the Chairman's signature on a document entitled, "Right to Enter Agreement to Obtain Soil and/or Gravel for Road Purposes," with you being listed as the "Owner" in the Agreement. The property is: East' of Section 12, Township 10 North, Range 67 West of the 6th P.M., Weld County, Colorado ("the Property"). Weld County is currently applying for a permit from the State of Colorado, Division of Reclamation, Mining, and Safety ("DRMS"), to mine the property. The DRMS permit application requires the submittal of an agreement between the prospective permit holder and 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. Clay Kimmi, Senior Engineer for Weld County, has informed me that the County's mining operations on the Property will come within approximately 30 feet of the fence lines on the north and west sides of the mine permit area, and within approximately 50 feet of your windmill and livestock water well. Mr. Kimmi reports that: "Slope stability will not be an issue because we will not mine to a high wall (vertical wall) condition and the reclamation slopes will have to be shallow enough to allow farm implements to traverse it. The well sits at an elevation that is about 15 feet lower than the current land surface. We will mine about 15 feet of material. Therefore, in the vicinity of the well, the final land surface will be about the same elevation as the well so there are no slope stability issues." The purpose of this letter is to request your authorization to conduct mining and reclamation activities 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 conducting the mining and reclamation activities, the structures are damaged as a direct result of the activities. Letter Agreement, Koskie March 27, 2014 Page 2 Your acknowledged signature below grants permission for Weld County to conduct mining and reclamation activities within 200 feet of the following structures: the fence lines on the north and west sides of the mine permit area, and the windmill and livestock water well located adjacent to the mine permit area. If you have any questions, please feel free to call Bruce T. Barker, Weld County Attorney, at (970) 356-4000, ext. 4390, or Mr. Kimmi at (970) 356-4000, ext. 3750. Sincerely, Douglas Rademacher, Chairman Board of County Commissioners of Weld County Please sign below, have your signature acknowledged in the space provided, and send this document to: Bruce T. Barker, Weld County Attorney, P.O. Box 758, 1150 0 Street, Greeley, Colorado 80632. Scott Koskie STATE OFCp/a ) ) ss COUNTY OF Lviniec ) irehe oregoing instru lent was aclst_owledgeol before ` Fie this /r day of I , 20 % , by ,S vO " y �C s o5k . tJ Witness my hand and official seal. "41 Notary Public My Commission Expires: eiL pc: Clay Kimmi, Senior Engineer PAULA L CROSSE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134052365 MY COMMISSION EXPIRES AUGUST 19.2017 Not BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO Douglas Radenfacher, Chair MAY 05 2014 STATE OF NJ 104fLAi ) ) ss COUNTY OF LA 10 L1 ) The foregoing instrument as acknowled ed before me this �' Th day of �..{Y1,p� , 2O 1'- , by c1�fli,� ern .Ad�.mltthuu J Witness my hand and official seal. Public My Commission Expires: an.u4Juj e?a, a0r8 RAFAELA ALICIA MAR11NEZ NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144002e78 MY COMMISSION EXPIRES JANUARY 0.2016, ao/V 1380 Contract Form New Contract Request Entity Information Entity Name* KOSKIE, SCOTT Entity ID* @00035222 Contract Name* STRUCTURES AGREEMENT FOR AMENDED KOSKIE PIT MINING APPLICATION - SCOTT AND CARRIE KOSKIE Contract Status CTB REVIEW Contract ID 3645 Contract Lead* HBALZANO New Entity? Parent Contract ID Requires Board Approval YES Contract Lead Email Department Project # hbalzano@co.weld.co.us Contract Description* KOSKIE MINE HAS AN EXISTING STRUCTURES AGREEMENT FOR THE KOSKIE'S FENCE AND WELL. DUE TO THE AMENDMENT, AN UPDATED AGREEMENT IS REQUIRED BY THE DRMS. THE AGREEMENT IS ON THE DRMS FORM AND COVERS THE FENCE AND WELL MINING DAMAGE IS NOT ANTICIPATED. Contract Description 2 Contract Type* AGREEMENT Amount* $0.00 Renewable* NO Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov.com Department Head Email CM-PublicWorks- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WELD GOV. COM Requested BOCC Agenda Date* 05/13/2020 Due Date 05/09/2020 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* 05/07/2020 Renewal Date Committed Delivery Date Expiration Date* 12/31/2030 Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head JAY MCDONALD DH Approved Date 05/13/2020 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 05/18/2020 Originator HBALZANO Contact Type Contact Email Finance Approver BARB CONNOLLY Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved Date 05/13/2020 Tyler Ref It AG 051820 Legal Counsel BOB CHOATE Legal Counsel Approved Date 05/13/2020 Submit Hello