HomeMy WebLinkAbout20194114.tiff W S 1 Weiland, Inc.
£nviranrnentaI Engineering
May 28, 2019
Weld County Public Works
1111 H Street
Greeley, CO 80632
Re: Structure Agreement
To Whom it May Concern,
As indicated in the official "Public Notice" enclosed herein, Coulson Excavating co., Inc.
(Coulson) has applied for a Regular 112 Construction Material Operation Reclamation Permit
for the extraction of sand and gravel. Weiland, Inc. has been contracted by Coulson to complete
the engineering and permitting for the project.
As an owner of a permanent man-made structure(s) within 200 ft of the affected lands, you have
been hereby notified of the applicant's intention to mine within 200 ft of said structure (s). Your
structure(s) is shown on the enclosed Exhibit C-1- Pre-Mine Plan Map.
The mine plan specifies a minimum setback distance of 46 ft measured from the from the top
the excavation cut, with a mining highwall slope no steeper than 1 H:1V. The setback distance
was developed as the result of a detailed geotechnical slope stability analysis for the site. This
analysis is available for your review. (please email request to pwayland@weilandinc.com).
We have enclosed a sample Structure Agreement and request the agreement be executed as
indicated in paragraph c) of the Agreement.
Sincerely,
Peter Wayland
President
Encl. Public Notice, Exhibit C-1 Pre-Mining Plan Map.
PD BOX 18087. BOULDER. CO 80308
ph 303-443-9521
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PUBLIC NOTICE
Coulson Excavating Company, Inc.; 3609 North County Road 13, Loveland CO, 80538, 970-667-2178, has filed an
application for a Regular (112) Construction Materials Operation Reclamation Permit with the Colorado Mined Land
Reclamation Board under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials.
The proposed mine is known as the Amen Aggregate Resource, and is located at or near Section 19, Township 5 North,
Range 67 West, 6`''Prime Meridian.
The proposed date of commencement is September 2019, and the proposed date of completion is September 2035. The
proposed future use of the land is Developed Water Resources. Additional information and tentative decision date may be
obtained from the Division of Reclamation,Mining,and Safety, 1313 Sherman Street,Room 215,Denver,Colorado 80203,
(303) 866-3567, or at the Weld County Clerk and Recorder's office; 1402 N. 17th Ave., Greeley, CO 80631, or the above-
named applicant.
Comments must be in writing and must be received by the Division of Reclamation, Mining, and Safety by 4:00 p.m. on
July, 11 2019
Please note that under the provisions of C.R.S. 34-32.5-101 et seq. Comments related to noise, truck traffic, hours of
operation, visual impacts, effects on property values and other social or economic concerns are issues not subject to this
Office's jurisdiction. These subjects, and similar ones, are typically addressed by your local governments, rather than then,
Mining, and Safety or the Mined Land Reclamation Board.
Structure Agreement
This letter has been provided to you as the owner of a structure on or within two hundred (200)
feet of a proposed mine 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 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 Land 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:
2
3
4
5
(Please list additional structures on a separate page)
CERTIFICATION
The Applicant, Coulson Excavating Company, Inc., by Ken Coulson, as President, does hereby certify
that (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 Amen Aggregate
Resource,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 vo this form.
NOTARY FOR PERMIT APPLICANT
ACKNOWLEGED BY:
Applicant Representative Name
Date Title
STATE OF )
) ss,
COUNTY OF
The foregoing was acknowledged before me this day of ,20 , by
as of
My Commission Expires Notary
Public
NOTARY FOR STRUCTURE OWNER
ACKNOWLEGED BY
Structure Owner Name
Date Title
STATE OF )
) ss
COUNTY OF )
The foregoing was acknowledged before me this day of 20 ,by
as of
My Commission Expires:
Notary Public
Chloe Rempel
From: Chloe Rempel
Sent: Friday, September 13, 2019 3:36 PM
To: 'pwayland@weilandinc.com'
Subject: DRMS Structure Agreement - Amen Aggregate Resource
Good afternoon,
The Clerk to the Board's Office received your structure agreement for Colorado Division of Reclamation,
Mining, and Safety (DRMS) Reclamation Permit M-2019-025. Weld County will not be executing this
agreement. Upon request, Weld County can provide our template structure agreement for execution, which
requires a slope study.
If you have any further questions or concerns, please do not hesitate to contact me.
Sincere regards,
Chloe A. Rempel
Deputy Clerk to the Board
Weld County
1150 O Street
Greeley, CO 80631
tel: 970-400-4213
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