HomeMy WebLinkAbout20194078 Clerk to the Board's Office
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717!AEU; Phone:
(970) 400-4225
1150 O Street
' P.O. Box 758
Go U N T Y Greeley, Colorado 80632
www.weld.gov
Memorandum
To: Esther E. Gesick, Weld County Clerk to the Board
From: Chloe A. White, Deputy Clerk to the Board Supervisor
Date: March 25, 2026
Subject: Items of Public Review: Structure Agreements
The County Attorney's Office, Department of Planning Services — Development Review,
and Department of Public Works, have recommended the procedures outlined in the
Pass-Around listed under Document ID Number 2019-4078, be voided.
The current procedures will be outlined in departmental Standard Operating Procedure
(SOP) documents.
TO: Board of County Commissioners
1861
FROM: Bob Choate, Assistant County Attorney
DATE: July 2, 2019
OUNT-Y
SUBJECT: Standard Procedures for DRMS Structure Agreements
Commissioners,
We have recently received multiple "Structure Agreements" from various mine operators. These operators are required by
their Division of Reclamation and Mine Safety (DRMS) permit to obtain the signature of anyone who owns a structure
within 200 feet of the mine's permitted boundary. For the County, the structure is almost always a road. The structure
agreement is a template approved by the DRMS, and it generally outlines the mine operator's obligations to repair damage
to the structures as required by law. This mine operator retains this financial liability whether or not the County signs the
structure agreement. Besides being a DRMS permitting requirement,the mine operators only benefit if all structure owners
sign the agreement. If less than all structure owners sign it(which is often the case),the mine operator must conduct a slope
stability analysis to demonstrate to DRMS' satisfaction that the mine will not adversely affect any of the structures.
After discussions with Public Works and with DRMS,I recommend that the County forego signing these agreements unless
the mine operator is willing to sign the County's own template structure agreement, which would provide the County with
more protection than the standard DRMS template. I expect that most mine operators will decline to do so, but I also do not
see any benefit to the County to sign these structure agreements. If you agree with this recommendation,these will be listed
for public review on your consent agenda going forward.
I've attached a recent example for your review. I'm happy to answer any questions you may have.
Approve Staff Work Comments
Recommendation Session
Requested
Sean V
Conway
Mike
Freeman m e-
Scott
James
Barbara
Kirkmeyer
Steve
Moreno
2019-4078
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