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Home My WebLink About20192002RESOLUTION RE: APPROVE STRUCTURE AGREEMENT FOR KEENESBURG MINE SITE AND AUTHORIZE CHAIR TO SIGN - COLORADO SAND COMPANY, 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 Keenesburg Mine Site 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 Colorado Sand Company, LLC, commencing upon full execution, 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 the Keenesburg Mine Site 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 Colorado Sand Company, 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 29th day of May, A.D., 2019. ATTEST: j, x%64 Weld County Clerk to the Board BY: APP Deputy Cler ounty Attorney Date of signature: Cnit1/t9 BOARD OF COUNTY COMMISSIONERS W D COUNTY, COLORADO rbara Kirkmeydr, Chair Mike Freeman, Pro -Tern Steve Moreno coca.( 3c),pWCER/CH) Lit/►3/lq 2019-2002 EG0076 TO: Board of County Commissioners FROM: Bob Choate, Assistant County Attorney DATE: May 20, 2019 SUBJECT: Mine Structure Agreement Commissioners, The Colorado Sand Company LLC has received a mining permit from the State for a property located off of WCR 59 near WCR 22. See the attached map. The Colorado Sand Company is requesting the County sign the mine structure agreement, attached, which is required by its permit. This is the typical agreement that the County also uses for County -owned mined according to State permits. I recommend you approve this agreement. If you agree, I will place this on your new business agenda. Approve Staff Recommendation Work Session Requested Comments Sean Conway ..r'z, Mike Freeman e..r..„ Scott James Barbara Kirkmeyer ...--->...--->`j0 (�o�*- lam- �-- Mr +^ yr ,��_ �,�ir"` . Steve Moreno p .,e 4,s -PLO CnvL e,u-4- -7 2019-2002 £GOO-1Co 05/29 Structure Aareement This letter has been provided to you, Weld County, as the owner of a structure on or within two hundred (200) feet of a proposed mine site, known as the Keenesbura Site. The State of Colorado, Division of Reclamation, Mining and Safety ("Division") requires that where a mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred (200) feet of the affected land, the Applicant, Colorado Sand Company LLC, shall either: A. Provide a notarized agreement between the Applicant and the Person(s) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure; or B. Where such an agreement cannot be reached, the Applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or C. Where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. (Construction Materials Rule 6.3.12 and Rule 6.4.19 & Hard Rock/Metal Mining Rule 6.3.12 and Rule 6.4.20) The Colorado Mined Lend Reclamation Board ("Board) has determined that this form, if properly executed, represents an agreement that complies with Construction Materials Rule 6.3.12(a), Rule 6.4.19(a), and C.R.S. § 34-32.5-115(4)(e) and with Hard Rock/Metal Mining Rule 6.3.12(a), Rule 6.4.20(a), and C.R.S. § 34-32-115(4)(d). This form is for the sole purpose of ensuring compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to any private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the Division. The following structures are located on or within 200 feet of the proposed affected area: 1. Weld County Road 59 02 0/ 9-0ZO0,1- CERTIFICATION The Applicant, Colorado Sand Company LLC (print applicant/company name), By David Patterson (print representative's name), as Chief Financial Officer (print representative's title), does hereby certify that Weld County (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 Keenesbura Site (operation name), File Number M - 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. NOTARY FOR PERMIT APPLICANT ACKNOWLEGED BY: Applicant 69Cextel�-- Representative Name Date Dot.0 ► k Pc4- t--sn h 2i i4 -0f' l ' I q STATE OF I ' 6(4 ) ss. COUNTY OF Title Fo The foregoing was acknowledged before me this day of , 2019, by J44( &?7&tkw' as of Of1 )-e zht'e— II/ 3/.Zao�` a4/1(. - Notary Public My Commission Expires: NOTARY FOR STRUCTURE OWNER ACKNOWLEGED BY. Structure Owner Representative N me Barbara Kirkme er Date MAY 2 9 2019 STATE OF COLORADO ) ) ss. COUNTY OF WELD Chair, Board of Weld Title County Commissioners The foregoing was acknowledged before me this 29tfelay of May , 2019, by Barbara Kirkmeyer as Chair of Board of Weld County Commissioners My Commission Expires: 12/19/2022 vinmais - CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2022 SYMBOL LEGEND .QI CONTROL POINT 1 t FOUND PROPERTY MONUMENT FOUND SECTION CORNER (a` exonsGL UEraz el MISC. MINI HOLE © GAS MARKER e, WATER MARKER ul ELECTRICAL PEDESTAL GT,I UTILITY POLE -Y4 SIGN 6' WATER SPIGOT LINE LEGEND ROW I BOUNDARY SECTION LINE RIGHT OF WAY LINE FENCE UNDERGROUND GAS OVERHEAD ELECTRIC - UNDERGROUND TELEPHONE ASPHALT CRAWL -- MINOR CONTOUR MINOR CONTDLR 000L C=.= GVORS COMPAT.t 'E ACCESS EASEMENT TEA NL`. 'URG ES ,Au E ! RE' DOMPANY R ,GCE MOTH CL S:i: EASEMENT REC. NO.2301.)0 2754,. 2332566, 235n21. ROARS OF CCUNTS C OASIS SIC S YRS -11 ROAD R.O. JJ AFEC. 50 4F.0E3: _.. I_CNATEG BY ACRE SHE TRSYEL,C RCl'.O';JArI ,:nsT FaI.Ne ,M Entrance/exit from Hwy 59 CCP a ue,rUA., EES"E,TN PIPE ONE CO w: CIAWINE'--, PIPELINE R.O'n. —` HL:.NG. 17454,3 \ • j,Sit6 Access WLR 22 ,. , 1411• NORC,1 _S EA '1.r=R I' r NINE iCTAr 34, I if A N' Ir U' T I� I' II Ip ' 14 iO. t I1 ROARS OF CDtN1' C,OM•MIESICNERS „a; ROAD R,C.W. -tt REC. NO, 86021, It tE ,I I ti It tI I I t i Diesel and LNG r: I 1 fuel storage 1 1 I 1 1 I // r I r e I i j ,f I. I ' l 1�/ j N._ 1 1 w,IURAL f-J�%PLNL A, i I _ I/l SERLOUR,RE i1 BOARD OF ;,OUN'1' COMMISSIONERS RFC. NO. ;e.0331 "ES ROAD "011ION 051.3 DEC_AALD 3IA1' 510 INDUSifGI GAS SERVICES 1NC _.. OS PWEliic RO,W. RES. NO,1#2TMT I COORS ENERGY CSIEr fr - 75' ;SPEWS EASEAfE7r 1 ammo. 1701711 wetstockpiledecant system Washed Sandabdl-M Oversize t 1 4 Screen ekld NG Generators / RAR78DWl1E WEFT Lz1E$EC'llyl'a. I I I 'L_ METSA F ' 14—UTr-L 3• t. rAm- 1 . Plant Office EXHIBIT E-1 T02N R64W SEC 12 GUTTERSEN RANCHES LLC _P BLOT, EXPlaVols DISC SST vOP Ad REINA W,TN CRANOr PLASTIC CAP 1 #40170 storage area Truck scale LIRAk FEN_- NINURM CAI MUM ] 9 • JN- AsSOCMTef NA7DILM CAI. RC rOIAIP S". vCORNER Sa= _PaRC;I; REEDS Will' <S AILAfIN-JI/. CAP NOT ACC EPTECI .-EARBEELVVIRE NCurAIII MUM BOARD 0, - RE, NO N'..27, SS S 't"E.S INC ROW td /, J / 'S'/ . CC PANHA.O.E EASIERN11IPECINE CO. /-`S- IPELIEROW!MC USIA 7110' �"^-- IWROtMW 1,AT1Wi0, uNREZORDED WADER OROI.N0121• NAM Le* 4 Ott. LOCATION !AMIDG1IMP rROM 4.044 ///jam Water clarifier Wet plant GUTTERSEN RANCHES LLC w'1-701, .,. "F'.=.=lattj Dryer and bag house. #100 stomps area 975' _ AGCEATED rou'N LINE • A, 3_GWAL HELENA & VINCE GERKIN Permit Area Boundary Safetybean around pits DRAFT FINAL - FOR REVIEW SMOALOM1f1Ktt !/2019 RAM N/A Da* CBS Irktd AM:T Mt COWL= 110E PLAN IMP Kj, DRI SCAL: "=SC' 'moor IO. 181001 E1 RE: STRUCTURE AGREEMENT FOR KEENESBURG SITE - COLORADO SAND COMPANY, LLC AP ROVED AS Tp1SUBSTANCE: E -ct3 Official or Depment Head APPROVED AS TO FUNDING: I/mod Con APPROVED AS TO FORM: County Attorney Hello