HomeMy WebLinkAbout20202749.tiffRESOLUTION
RE: APPROVE STRUCTURE AGREEMENT FOR COMPENSATION FOR DAMAGE TO
STRUCTURES WITHIN 200 FEET OF MINING ACTIVITIES AT LONE TREE CREEK
AND AUTHORIZE CHAIR TO SIGN - 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 a Structure Agreement for the
Compensation for Damage to Structures within 200 Feet of Mining Activities at Lone Tree Creek
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
C&H Aggregates, LLC, 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 Lone Tree Creek 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 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 agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of September, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datiudo jeL;vk
Weld County Clerk to the Board
County Attorney
Date of signature: oq/I4/2o
Mike Freeman, Chair
Steve Moreno, Pro -Tern
Kevin D. Ross
CC;PW(ER/CH/CK) c($c)
oq/i`f /20
2020-2749
EG0078
TO: Board of County Commissioners
FROM: Bob Choate, Assistant County Attorney
DATE: August 31, 2020
SUBJECT: Mining Structure Agreement — C&H Aggregates LLC
Commissioners,
C&H Aggregates LLC has recently acquired the Lone Tree Gravel Pit located adjacent to CR 37 between CR 94 and CR
96. They requested the County sign a Structure Agreement as a compliance document for their DRMS permit, due to the
pit's location near CR 37. We provided them with the County's template, which they executed, including their slope study
and access permit issued by Public Works. The purpose of the agreement is to ensure that they compensate the County for
any damage caused to the county road. Clay Kimmi has reviewed and has no concerns.
We recommend you approve the Agreement.
Approve Staff
Recommendation
Work
Session
Requested
Comments
Mike
Freeman
r
Scott
James
1$1/
Barbara
More
Moreno
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Kevin Ross
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2020-2749
2020-2749
E C70078
STRUCTURE AGREEMENT
THIS AGREEMENT is made and entered into this da of Q*zptcvnbcr�. y .2020. b and between the
County of Weld. a bod cor orate and by
Y p politic of the State of Colorado, by and through its Board of County
Commissioners, ("County") and C&H Aggregates, LLC, hereinafter referred to as "Operator".
WHEREAS, Operator is has received Permit # M2010-047 from the Colorado Division of Reclamation
and
Mine Safety (DRMS) for a mining pit generally located on the following property:
Y
SECTION 12, TOWNSHIP 8N, RANGE 66W
Also known as: Weld County Road 37 and Weld County Road 96, Latitude 40.67979 Longitude
104.71553
(the "Property"), and
WHEREAS, Operator's DRMS permit require it to enter into a structure agreement with all owners
g e s of
structures within 200 feet of the DRMS permit boundary. and
WHEREAS, County owns certain structure(s) within 200 feet of the permit boundary. as follows:
Weld County Road (WCR) 37, from WCR 94 to WCR 96 including 60" CMP culvert under WCR 37
at Lone Tree Creek.
(the "Structure(s)").
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Partie
s
hereto agree as follows:
1. Exhibits. The following exhibits are incorporated herein:
Exhibit A. General Vicinity Map
Exhibit B, Slope Study
Exhibit C, Access Permit (If Applicable)
Exhibit D, Right -of -Way (ROW) Permit (If Applicable)
Exhibit E, Special Transport Permit (If Applicable)
Exhibit F; Road Maintenance Agreement (If Applicable)
2. No County Obligation. Operator agrees that County shall have no obligation to comply with the
DRMS Permit or otherwise assist, contribute to, or perform any work required by said permit. Nothing
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herein shall have any bearing on Weld County's issuance or non -issuance of any permit, license.. or other
authorization.
3. Effective Date. This Agreement shall be effective upon mutual execution by undersigned
undersi ned
Parties, and shall be enforceable for as long as the DRMS Permit is active; including through any require
period of remediation.
q
4. Independent Contractor. Operator agrees that it is an independent contractor and that its officers,
agents or employees will not become employees of County, nor entitled to any employee benefits from
County as a result of the execution of this Agreement. Operator shall be solely responsible for its acts and
those of its agents and employees for all acts performed pursuant to this Agreement. Operator, its
p
o2oaa.a7417
employees and agents are not entitled to unemployment insurance or workers' compensation benefits
through County. Operator shall not have authorization. express or implied, to bind County to any
agreement, liability or understanding, except as expressly set forth in this Agreement.
5. Indemnification. Operator shall defend, indemnify and hold harmless County. its officers, agents,
and employees, from and against injury, loss damage, liability, suits, actions, or claims of
character arising out of any work done in fulfillment of any type or
the terms of the DRMS Permit. This paragraph shall
survive expiration or termination hereof. It is agreed that the Operator will be responsible for primary
investigation. defense andjudgment costs � p p y loss
where this contract of indemnity applies_ Operator agrees to
waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or
assigns. its elected officials, trustees, employees. agents. and volunteers for losses arising from the work
performed by the Operator under the DRMS Permit.
6. Notices. Any notice to be made under this Agreement shall be sent as follows:
• personal service by a reputable courier service requiring signature for receipt; or
• five (5) days following delivery to the United States Postal Service: postage prepaid addressed to a art at
the address set forth in this contract; or party
• electronic transmission via email at the address set forth below. where a receipt or acknowledgment is
required by the sending party; or
• transmission via facsimile; at the number set forth below. where a receipt or acknowledgment is required by
the sending party.
Either party may change its notice address(es) by written notice to the other.
Notification Information:
Operator:
Name:
Position:
Address:
Address:
E-mail:
Facsimile:
County:
Name:
Position:
Address:
Address:
E-mail:
Facsimile:
Derek Daniels
Vice President
43646 Weld County Road 45
Ault, CO 80610
derek@chexcavation.com
970-834-2209
Clay Kimmi
Senior Engineer
1111 H Street
Greeley, CO 80631
ckimmi@weldgov.com
(970) 304-6497
7. Compliance with Law and with this Agreement. Operator shall strictly comply with all
applicable federal and state laws, rules and regulations in effect or hereafter established and pertaining to
the work to be performed under the DRMS Permit, and shall further comply with this Agreement and its
exhibits. including but not limited to, the Slope Study.
8. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and
incorporated herein, contains the entire agreement between the parties with respect to the
p subject matter
contained in this Agreement. This instrument supersedes all prior negotiations. representations, and
understandings or agreements with respect to the subject
p matter contained in this Agreement. This
Agreement may be changed or supplemented only by a written instrument signed by both parties.
9
9. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
g
unenforceable by a court of competent jurisdiction. this Agreement shall be construed and enforced without
such provision, to the extent that this Agreement is then capable of execution within the original intent of
the parties.
10. Governmental Immunity. No term or condition of this contract shall be construed or interpreted
as a waiver, express or implied, of any of the immunities. rights, benefits, protections or other provisions, of
the Colorado Governmental Immunity Act §§24-10-101 et seq.. as applicable now or hereafter amended.
11. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the
terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be
strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or
right of action whatsoever by any other person not included in this Agreement. It is the express intention of
the undersigned parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
12. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid
until it has been approved by the Board of County Commissioners of Weld County, Colorado or its
designee.
13. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto.
shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included
or incorporated herein by reference which conflicts with said laws. rules and/or regulations shall be null and
void. In the event of a legal dispute between the parties, Operator agrees that the Weld County District
Court shall have exclusive jurisdiction to resolve said dispute.
14. Attorneys Fees/Legal Costs. In the event of a dispute between County and Operator, concerning
this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees
and/or legal costs incurred by or on its own behalf.
15. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra-
judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference
shall be null and void.
Acknowledgment. County and Operator acknowledge that each has read this Agreement, understands
it and agrees to be bound by its terms. Both parties further agree that this Agreement with the attached
Exhibits is the complete and exclusive statement of agreement between the parties and supersedes all
proposals or prior agreements. oral or written. and any other communications between the parties relating
to the subject matter of this Agreement.
OPERATOR:
C&H Aggregates, LLC
By:
Date: August 18, 2020
Name: Derek Daniels
Title: Vice President
WELD C Y:
ATTEST:
Weld C
BY:
ty
41%)
Jerk to the Bo rd
Deputy CJ -fie to a Boa
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ke Freeman, Chair
SEP 0 92020
Town of Nu
Highway 85
1 bi Pierce)
Notes:
Oa RE
DAZE
5/10/10
SCALE
1" 3000'
I
3Po rmit Area
4O.O2 Acres
eq Lewicki And Associates
Miller Family Investments. LLC
Map B-1
General Location Map
Lone Tree Pit
Slope Study
GEOTECHNICAL STABILITY EXHIBIT EXHIBIT B
There are no buildings or any structures outside the permit area which could be affected by the
excavation A minimum 30 foot buffer will be maintained from the permit boundary lme to all
excavations The permit boundary on the eastern and northern boundary is the ROW for CR 37
and CR 96 All reclaimed areas will be restored to relatively flat (<3 5%) slopes except for the
side slope, which be mmed to a 3H.1 V and reclaimed to a 3H -1V slope The surface matenal of
these slopes will be topsoil and the slope will be undisturbed sand and gravel.
Design factors
In the extremely remote case that a slope failure would occur, if the slope failed up to CR 37 (the
closest man made structure to the operation), Figure U-1 shows the slope angle that would occur
The horizontal distance from the edge of the excavation to the ROW is 30 feet The failure angle
would be 9 degrees or 6H IV This angle is far milder than normal failure angles m material that
gets strength from internal angle of friction Figure U-2, from Stability Analysis of Earth Slopes,
Huang, shows typical internal angles of friction for various materials Assuming that the gravel is
classified as SP, Poorly graded clean sands, gravelly sands, this material has an internal angle of
friction of approximately 37 degrees
Lone Tree Pit, June 2009 U-3
The Factor of Safety (FOS) for gravel with a 9 degree slope in SP classified material with an
assumed internal angle of friction of 37 degrees can be approximated by ignoring the cohesion
component of the stability and simply evaluating the internal angle of friction as follows
FOS =
Tangent of Internal Angle of Friction
Tangent of Actual Angle of Failure Surface
Tan 37° 7535----
FOS = Tan 9° =g4 = 48
This factor of safety far exceed the normal long term safety factor of 1 3, therefore, the plan of
extraction, as presented in Figure U-1, is acceptable The material within the slope will consist of
undisturbed sand and gravel
I, Greg Lewicki, P E with over 29 years m mine slope safety analysis in Colorado, certify that
the mining and reclamation plan presented in this apphcation will lead to stable slopes during
and after mining and that there is no realistic threat of failure or to the stability of any structures
outside of the permit area
Greg Lewicki, P E
P E. # 20335
Date
Lone Tree Pit, March 2009 U-4
Lone Tree Pit, June 2009 U-4
Figure U-1
Falure Analysis of Mined Slopes
Mining or RoGemetlon Slope
9H tV
Falun, Una If It occured
to the OR 37 ROW
OH IV
20' Depth of Mining
Lone Tree Pit, June 2009 U-5
600Z aunt `,ltd aa.4L auo7
Figure U-2 (Stability Analysis of Earth Slopes, Huang)
UNIFIED
CLASSIFICATION
Table 3.1 Average Effective Sher Strange' of Compacted Soils.
SOIL TYPE
PROCTOR COMPACTION
MAXIMUM OPTIMUM AS COMPACTED SATURATED FRICTION
DRY !MOISTURE COHESION COHESION ANGLE
DENSITY CONTENT Co Ca, 3
PI lb tsf of deg
OW well graded clean gravels, gravel -sand mixture >119 <13 3 • • >38
GP poorly graded clean gravels, gravel sand mixture >110 <12 4 • • >37
GM salty gravels, psorly graded gravel -sand -silt >114 <14 3 0 • >34
GC clayey grovels, poorly graded gravel -sand -clay >115 <14 7 • • >31
SW well graded clean rands. gravelly sands 11925 13 3±2 5 041-1-004 • 38±1
SP poorly graded clean sands, sand -gravel mixture 11022 12 4±10 024±006 • 3721
SIN silo sands• poorly graded sand -slit mixture 114±1 14 5±0 4 0 53±0 06 0 21±007 34±1
SM-SC sand -silt -clay with slightly plastic fines 119-11 12 8±0 5 0 21±007 0 15±0 06 33±3
SC clayey sands, poorly graded sand -clay man= 115±1 14 720 4 0 78±0 16 0 12±0 06 31±3
ML inorganic nibs and clayed salts 10321 19 2±0 7 0 70±0 10 0 09±• 32±2
ML -a. mixtures of inorganic sills and clays 109±2 16 8±0 7 0 66±0 18 0 23-1• 32±2
CL manic clays of low to medium plowaty 108±I 17 3±3 0 91±0 11 0 14±002 28±2
OL organic silts and silty clays of low plasticity • • • 0 •
MH inorganic clayey sits, elastic silts 82±4 36 3±3 2 0 76±0 31 0 21±009 25±3
O1 inorganic clays of high plasticity 94±2 25 521 2 107±0 35 0 12±0 06 19±5
OH organic clays soul silty clays • • • • •
Mew= essatikseat dm, > Is greater than < IS lea rasa
(After 8mea of Reelammmh, 1473, I pd®157 I Wag I of -93 t (tPe)
WELD COUNTY ACCESS PERMIT
Weld County Public Works Department
1111 H Street
P.O. Box 758
Greeley, CO 80632
Permit Number: APZO-00359
Phone: (970) 304-6496
Issuance of this permit binds applicant and its contractors to all requirements,provisions, and ordinances of Weld County, Colorado.
Project Name:
Permit Expiration Date:
Planning/Building Process: USR11-0020 Yes
Parcel(s): 055312000009
Proposed Use: Large Commercial
Access is on WCR:
Nearest Intersection WCR:
Distance From Intersection:
Number of Existing Accesses:
Access Width:
Access Turning Radii:
Latitude:
Longitude:
37
37-96
1430
1
40.67865
-104.71563
Applicant Information:
Name:
Company: C&H Excavation LLC
Phone: 970-834-2247
Email: cliff@chexcavation.com
Owner Information:
Name:
Company: Same as Applicant
Phone:
Email:
Road Surface Type and Construction Information:
Road Surface: Gravel
Culvert Size and Type: 15" CMP/RCP minimum if required
Material to Construct Access: Existing
Start Date: Finish Date:
A Copy of this permit must be on site at all times during construction hours
Daily work hours are Monday through Friday DAYLIGHT to 1/2 HOUR BEFORE DARK (applies to weekends if approved)
Approved MUTCD traffic control / Warning devices are required before work begins and must remain until completion of work
** Crushed or recycled concrete SHALL NOT be used for tracking material in the County ROW
All access points shall comply with Weld County Engineering and Construction Criteria found at:
https://library.municode.com/co/weld county/codes/charter and county code?nodeld=CH8PUWO APX8-QWECOENCOCR
Unless otherwise authorized.
Special Requirements or Comments
Utilize existing access point on CR. 37 (1 -LC) located approx. 1430ft south of CR. 96 in accordance with USR11-0020.
Approved By: Tiffnee
Lamb
2020.08.27
15:57:26
-06'00'
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