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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 po 10IiC RVi¢.w actC:a 43C) ,Aw( iJM(c (CK), 2019-4114 g'( I9 is } Oct /t3 ( 11 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 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. Hello