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Home My WebLink About20202842.tiffO` r, Corblo Chloe Rempel From: Sent: To: Cc: Subject: Clayton Kimmi Thursday, October 29, 2020 2:25 PM Jan Warwick; Elizabeth Relford; Curtis Hall Chloe Rempel; Mariah Higgins; Clayton Kimmi RE: CTB Temp Status Update I have contacted the DRMS and they have informed me that they do not send a signed copy of the Performance Warranty back until the pit is fully reclaimed and released. Therefore, we will not be receiving a signed copy of the Performance Warranty back from the State. 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: Thursday, October 29, 2020 2:23 PM To: Clayton Kimmi <ckimmi@weldgov.com>; Elizabeth Relford <erelford@weldgov.com>; Curtis Hall <chall@weldgov.com> Cc: Chloe Rempel <crempel@weldgov.com>; Mariah Higgins <mhiggins@weldgov.com> Subject: 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, especially in cases of documents prior to 2019, please respond as such with an explanation for us to scan into Tyler in lieu of the final signature. 1 SO O - EGOO1g 1. 20202842, Performance Warranty for Amended Mining Permit of Koskie Pit, signatures of State of Colorado Mined Land Reclamation Board, Division Director, page 5 Thank you, Jan Warwick Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4217 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. 2 RESOLUTION RE: APPROVE PERFORMANCE WARRANTY FOR AMENDED MINING PERMIT OF KOSKIE PIT AND AUTHORIZE CHAIR TO SIGN 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 Performance Warranty for the Amended Mining Permit of the Koskie Pit 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, with further terms and conditions being as stated in said Performance Warranty, and WHEREAS, after review, the Board deems it advisable to approve said Performance Warranty, 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 Performance Warranty for the Amended Mining Permit of the Koskie Pit 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, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said Performance Warranty. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of September, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d.„4„,„;� Weld County Clerk to the Board ounttorney Date of signature: 09/2-3/2 Mike Freeman, Chair Steve reno, Pro -Tern cc: P(,)(ER/ci-I/cx) Il/24/20 2020-2842 EG0078 Con+raci• _O #4493 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Koskie Pit Expansion Performance Warranty DEPARTMENT: Public Works DATE: 09/01/2020 PERSON REQUESTING: Clay Kimmi Brief description of the problem/issue: The Division of Mining, Reclamation, and Safety (DRMS) has approved the County's application for an expansion at the Koskie Pit. The final step required for the DRMS to issue the mining permit is for the County to provide a performance warranty_ The performance warranty is a standard form that the DRMS requires all mining operators to post prior to the issuance of the permit. The performance warranty basically states that Weld County agrees to follow all of the DRMS requirements for mining and reclamation following the completion of mining. It should be noted that Weld County is exempt from having to post a financial warranty. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Sign the performance warranty so the mining permit for the expansion of the pit can be finalized by the DRMS. Once the permit is issued, Public Works will begin the process for updating the USR with the Planning Department. 2. Don't sign the performance warranty in which case DRMS will not issue the permit and Public Works cannot begin the process for updating the USR. Recommendation: Public Works recommends option 1 in which the performance warranty is signed. Approve Schedule Recommendation Work Session Other/Comments: Mike Freeman, Chair Scott K. James Barbara Kirkmeyer Steve Moreno, Pro -Tern Kevin D. Ross Mr dik 2020-2842 096 co 2Goo 1 % MEMORANDUM TO: Esther Gesick, Clerk to the Board DATE: September 9, 2020 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Performance Warranty 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 Division of Mining, Reclamation, and Safety has approved the County's application to expand the gravel mining permit at the Koskie Pit. The final step that is required for the DRMS to issue the mining permit is for the County to provide a performance warranty. The performance warranty is a standard form that the DRMS requires all mining operators to post prior to the issuance of the permit. The performance warranty basically states that Weld County agrees to follow all of the DRMS requirements for mining and reclamation following the completion of mining. It should be noted that Weld County is exempt from having to post a financial warranty. I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding this agreement. Page 1 of 1 M:\Mining\Koskie\DAMS\DRMS Application\Amendment to Expand Acreage\Koskie Performance Warranty Memo to BOCC.docx COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203 Permittee/Operator: Operation known as: Permit Number: PERFORMANCE WARRANTY Weld County Public Works Koskie Pit M-2014-024 AM -01 This form is approved by the Colorado Mined Land Reclamation Board ("Board") pursuant to C.R.S. 34-32-117 of the Colorado Mined Land Reclamation Act and C.R.S. 34-32.5-117 of the Colorado Land Reclamation Act for the Extraction of Construction Materials. All parties are on Notice from this Document that: The above listed Operator provides this warranty to the Board in conjunction with a reclamation Permit to conduct the above described mining operation on certain lands in Colorado. The "Affected Lands" are described in the above listed reclamation Permit, and include any Permit Amendment(s) approved by the Division of Reclamation Mining and Safety ("Division"). The Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et seq. ("Hard Rock Act"), and the Colorado Land Reclamation Act for the Extraction of Construction Materials, C.R.S. 34-32.5-101 et seq. ("Construction Materials Act"), both require a permit issued by the Board to include a written promise by the Operator to comply with all requirements of the Hard Rock and Construction Materials Acts (referred to herein together as "Acts"). Through the terms and conditions of this performance warranty and Permit, the Operator agrees to be bound by all requirements of the Acts and all Mineral Rules and Regulations of the Board for Hard Rock, Metal, and Designated Mining Operations (2 C.C.R. 407-1) and all Mineral Rules and Regulations of the Board for the Extraction of Construction Materials (2 C.C.R. 407-4) (referred to herein together as "Rules"). The Operator hereby provides the Board warranties of performance pursuant to C.R.S. 34-32-117(2), (3), and (4)/C.R.S. 34-32.5-117(2), (3), and (4), and promises the Board it will comply with all applicable requirements of the Acts and Rules. The Operator hereby promises the Board it will comply with all of the terms of the reclamation Permit, including any Permit Amendment(s) approved by the Division. This performance warranty obligation of the Operator shall continue until the Operator's liability is released by the Board. The Operator promises to be responsible for reclamation costs up to the amount established by the Board and incorporates its financial warranty to this performance warranty. The Operator agrees to maintain a financial warranty (or warranties) in good standing for the reclamation costs for the entire life of the 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us John W. Hickenlooper, Governor I Robert W. Randall, Executive Director I Virginia Brannon, Director Permit. The amount of the financial warranty shall be sufficient to assure the completion of reclamation of affected lands if the Division has to complete such reclamation due to forfeiture. If the Board determines the Operator is in default under this performance warranty and the Operator fails to cure such default, the Operator's financial warranty shall be subject to forfeiture pursuant to C.R.S. 34-32-118/34-32.5-118. This performance warranty by the Operator is perpetual and shall remain in full force and effect until all obligations have been met and all associated financial warranty is released by the Board. Any release of liability in a succession of Operators shall comply with C.R.S. 34-32-119/34-32.5-119. The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors and assigns. SIGNED, SEALED AND DATED this 16th day of September , 2020 Weld County Public Works Operator: Signature: Name: Title: Mike Freeman SEP 16 2020 Chair, Board of Weld County Commissioners NOTARIZATION OF OPERATOR'S ACKNOWLEDGEMENT STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 16th day of September , 2020 (Day) (Month) (Year) by Mike Freeman as BOCC Chair (Name) of Weld Coun Public Works CHERYL LYNN IPti*N NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2022 APPROVED: State of Colorado Mined Land Reclamation Board Division of Reclamation, Mining and Safety Title) NOTARY P , Ch L. Hoffman My Commission expires: 12/19/2022 By: Date: Division Director Rev. 7-2018 Page 2 of 2 020,215 a° DNR COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman St. Room 215 Denver, CO 80203 September 1, 2020 Mr. Jeff York Weld County Public Works 1111 H St. PO Box 758 Greeley, CO 80632 Re: Koskie Pit, Permit No. M-2014-024, Amendment Approval, Revision No. AM -01 Mr. York: On September 1, 2020 the Division of Reclamation, Mining and Safety (Division/DRMS) approved the amendment application submitted to the Division on May 26, 2020, addressing the following: Amendment application to add 119.94 acres to the existing 40.5 acres site for a total acreage of 160.44. The terms of the Amendment No. 1 approved by the Division are hereby incorporated into Permit No. M-2014- 024. All other conditions and requirements of Permit No. M-2014-024 remain in full force and effect. Please provide an updated Performance Warranty for the amended reclamation permit. The Performance Warranty form can be found on our website at https://d rive.google.com/file/d/1AOVhiNxpJrTXrT1Uk18Reg8bZ9bOaQsk/view. If you have any questions, please contact me at peter.hays@state.co.us or (303) 866-3567 Ext. 8124. Sincerely, Peter S. Hays Environmental Protection Specialist Ec: Jared Ebert; Division of Reclamation, Mining & Safety 1313 Sherman St. Room 215 Denver, CO 80203 P (303) 866-3567 F (303) 832-8106 https://colorado.gov/drms Jared Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director Contract Form Entity Information New Contract Request Entity Name* Entity ID' DIVISION OF RECLAMATION, MINING & 300005990 SAFETY Contract Name* Contract ID PERFORMANCE WARRANTY FOR KOSKIE PIT EXPANSION 4093 Contract Status CTB REVIEW Contract Lead* CKIMMI Contract Lead Email CKimmi@co.weld.co.us Contract Description* STATE REQUIRED PERFORMANCE WARRANTY FOR THE KOSKIE PIT EXPANSION New Entity? Parent Contract ID Requires Board Approval YES Department Project I Contract Description 2 THIS DOCUMENT BASICALLY STATES THE COUNTY WILL FOLLOW THE STATES REGULATIONS FOR THE RECLAMATION OF A GRAVEL PIT. Contract Type* AGREEMENT Amount* $ 0.00 Renewable* NO Automatic Renewal NO Gant NO IGA NO Department PUBLIC WORKS Department Email CM- Will a work session with BOCC be required?* PublicWorksweidgov.com HAD Requested BOCC Agenda Date* 09/14;2020 Due Date 09r' 10.`2020 Department Head Email CM-PublicWorks- DeptHeadreldgov.com County Attorney BOB CHOATE County Attorney Email BCHOATEO. WELD.CO.US Does Contract require Purchasing Dept. to be included? NO 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 Review Date* Renewal Date 09;09/2020 Termination Notice Period Committed Delivery Date Expiration Date 09/0912030 Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head JAY MCDONALD DH Approved Date 09;'09! 2020 Final Approval MCC Approved MCC Signed Date BOCC Agenda Date 09(16;2020 Originator CKIMMI Contact Type Contact Email Finance Approver CHRIS D'OVIDIO Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved Date 09'10/2020 Tyler Ref # AG 091620 Legal Counsel BOB CHOATE Legal Counsel Approved Date 09!10?2020 Hello