HomeMy WebLinkAbout20190021.tiffRESOLUTION
RE: APPROVE PERFORMANCE WARRANTY FOR AMENDED MINING PERMIT OF
PETERS 313 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 Peters 313 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 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 Peters 313
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 2nd day of January, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLPRADO
ATTEST: thrift,
G- r s;iA,
Weld County Clerk to the Board
County Attorney
Date of signature: 1/79/1q
Mike Freeman, Pro-Tem
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bara Kirkmeyer, Chair
Steve Moreno
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O9 /o4/19
2019-0021
EG0076
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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Peters 313 Pit Amendment Approval
DEPARTMENT: Public Works
PERSON REQUESTING: Devin Traff, Clay Kimmi
DATE: December 10, 2018
Brief description of the problem/issue:
The County has mined soil and gravel resources for road construction and maintenance through a lease
agreement with John Peters since October 2015. To continue providing County -produced gravel and
construction materials to the Operations Division, Public Works expanded the Peters Pit boundary through a
lease amendment with Mr. Peters in August 2018 (attached) and an amendment to the existing mine permit with
the Department of Reclamation, Mining, and Safety (DRMS). The amendment includes an additional 67 acres
of land to extract sand and gravel resources suitable for use in County projects.
On December 10, 2018, Public Works received approval of the Peters 313 Pit Amendment from the DBMS. To
finalize the DRMS permit, the DRMS requires that the County execute two (2) copies of a Performance
Warranty (attached) through which the County agrees to comply to the requirements of the Hardrock or
Construction Materials Act. Public Works plans to begin mining the amendment area within six months of
approval.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1. Approve and sign the Performance Warranty for Peters 313 Pit
2. Do not approve and sign the Performance Warranty for Peters 313 Pit
Recommendation:
Public Works recommends approval from the Board of County Commissioners.
Approve
Recommendation
Sean P. Conway
Julie A. Cozad
Mike Freeman
Barbara Kirkmeyer, Pro -Tern
Steve Moreno, Chair
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Schedule
Work Session
Other/Comments:
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2019-0021
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COLORADO
Division of Reclamation,
Mining and Safety
Ucporinsnl of Natural nrsa",CC3
1313 Sherman Street, Room 215
Denver, CO 80203
PERFORMANCE WARRANTY
Operator: WELD COUNTY PUBLIC WORKS
Operation: _PETERS 313 PIT
Permit Number: 142015045
RECEIVED
L N.. J i . J
army: 1 nF NECLAMATI0N
t3AND SAFETY
This form has been approved by the Mined Land Reclamation Board ("Board') pursuant to the
Mined Land Reclamation Act (CRS. § 34-32-101 et seq.) ("Hard Rock Act") and associated
Rules (2 C.C.R. 407-1) ("Hard Rock Rules') and the Land Reclamation Act for the Extraction
of Construction Materials (C.R,S. § 34-32.5-101 et. sett) ("Construction Materials Act') and
associated Rules (2 CCR. 407-4) ("Construction Materials Rules"). Any alteration or
modification of this form, without approval by the Board shall result in the performance
warranty being invalid and result in the voiding of any permit issued in conjunction with such
invalid performance warranty and subject the operator to cease and desist orders and civil
penalties for operating without a permit pursuant to sections 34-32-123, C.R.S. of the Hard
Rock Act and 34-32.5-123, C.B.S. of Construction Materials Act
KNOW ALL MEN BY THESE PRESENTS, THAT:
WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. § 34-32-101 et seq. (the
"Hardrock Act"), as amended, and the Colorado Land Reclamation Act for the Extraction of
Construction Materials, C.R.S. § 34-32.5-101 et sseq. (the "Construction Materials Act"), as
amended (collectively the "Acts"), provide that no permit may be issued until the Mined Land
Reclamation Board (the "Board") receives a performance warranty consisting of the Operator's
written promise to comply with the requirements of the Hardrock or Construction Materials Act,
whichever is applicable.
WHEREAS, _WELD COUNTY PUBLIC WORKS_ (the "Operator"), has applied for a
permit to conduct a mining operation known
as PETERS _313 PIT _cow "Operation") on certain lands
in WELD _ _ County, Colorado. These lands are described in the permit
application, as amended and supplemented, and are referred to herein as the "Affected Lands."
1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us
John W. Hickonlooper, Governor I Robert W. Randall, Executive Director I Virginia Brannon, Director
&/ IC0Da-! (�)
WHEREAS, in its application for the permit, the Operator has agreed to be bound by all requirements of
the Hardrock or Construction Materials Act and all applicable rules and regulations of the Board, as amended
from time to time.
WHEREAS, the Operator hereby gives the Board this performance warranty pursuant to C.R.S.
§§ 34-32-117(2) or 34-32,5-117(2), and herein promises the Board that it will comply with all applicable
requirements of the Hardrock or Construction Materials Act.
NOW, THEREFORE, The Operator hereby promises the Board that it will comply with all applicable
requirements of the Hard Rock or Construction Materials Act and applicable rules and regulations of the Board.
The Operator hereby promises the Board that it will comply with all of the terms of the application for a
permit, as amended and supplemented, as well as any conditions attached to the permit by the Board.
The Operator promises the Board, pursuant to C.R.S. §§ 34-32-I 12(1)(d) or 34-32.5-112(l)(b)(1V), that
it has the lawful authority to enter upon the Affected Lands to conduct mining operations, including, but not
limited to, reclamation. The Operator further recognizes the right of the Board to enter to reclaim lands affected
by the Operation.
The description of lands herein is for convenience of reference only, and no error in such description,
revision of the permitted mining area, or disturbance by the Operator of lands outside of the permitted mining
area shall alter or diminish the Operator's obligation hereunder, which shall extend to the reclamation of all such
lands disturbed.
The obligation of the Operator hereunder is such that, if the Operator shall successfully comply with the
requirements of the Hardrock or Construction Materials Act, applicable rules and regulations, and the permit,
then the Board, upon a finding that the Operator has so complied, shall release this performance warranty, and
the Operator from its obligation hereunder. The obligation of the Operator hereunder shall continue until released
by the Board in accordance with applicable law.
The Operator promises to be responsible for the cost of reclamation up to the amount established by the
Board and has attached hereto its financial warranty, in accordance with C.R.S. §§ 34-32-117(3) or
34-32.5-I17(3). The Operator agrees that it will maintain a financial warranty (or warranties) covering the
Board's estimated costs of reclamation in good standing for the entire life of the permit. If the Operator is a unit
of County or Municipal government, or is a department or division of State government, the Operator is not
required to submit or post any other instrument of financial responsibility but hereby promises to be responsible
for the cost of reclamation up to the amount specified by the Board,
If the Board determines that the Operator is in default under this performance warranty and has failed to
cure such default, although written notice of such default and ample time to cure such default have been given,
the Operator's financial warranty shall be subject to forfeiture.
This performance warranty may be executed in multiple copies, each of which shall be treated as an
original, but together they constitute only one agreement, the validity and interpretation of which shall be
governed by the laws of the State of Colorado. The provisions hereof shall bind and inure to the benefit of the
parties hereto and their successors and assigns.
SIGNED, SEALED AND DATED this 2ND
STATE OF COLORADO
COUNTY OF WELD
day of JANUARY_ ._., 2019
WELD COUNTY PUBLIC WORKS
Operator
By:
Title
(SEAL)
CHAIR>._BQARD OF WELD CQUNTY_C.OMMISSIONERS__.
NOTARIZATION OF OPERAT'OR'S ACKNOWLEDGEMENT
as.:
The foregoing instrument was acknowledged before me this
by BARBARA KIRKNEYER
as
CHERYL LYNN HOFFMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144048044
MY COMMISSION EXPIRES DEC. 19, 2022
STATE OF COLORADO
DEPARTMENT OF NATURAL RESOURCES
MINED LAND RECLAMATION BOARD
DIVISION OF RECLAMATION, MINING AND SAFETY
2ND day ofJANUARY .. 2 01 9 ,
__ of BOARD OE WE
Notary Public
My Commission Expires
By: / L Date Executed:
Division Director
Performance W an-anty.docx Rev. 08/ 16
3
QUNT COMMIS TONERS.
12/19
022
o2o / 9- O47()
FIRST AMENDMENT TO
RIGHT TO ENTER AGREEMENT
TO OBTAIN SOIL AND/OR GRAVEL
FOR ROAD PURPOSES
THIS FIRST AMENDMENT TO RIGHT TO ENTER AGREEMENT TO OBTAIN SOIL
AND GRA 7L FOR ROAD PURPOSES (this "First Amendment") is made and entered into
this ay of
O 2018, by, and between the Board of County Commissioners of the County
of Weld, State of C. rado, 1150 "O" Street, Greeley, Colorado 80631, (hereinafter referred to as
"County"), and John Peters, P O Box 37, Hereford, CO 80732, (hereinafter referred to as
"Owner")
WI I'NESSETH
WHEREAS, the County and the Owner entered into a RIGHT TO ENTER AGREEMENT
TO OBTAIN SOIL AND/OR GRAVEL FOR ROAD PURPOSES dated October 19, 2015 under
document number 2015-3367 of the Weld County, Colorado records (the "Right of Entry
Agreement")
WHEREAS, the parties hereto desire to amend and modify certain terms and provisions of
the Right of Entry Agreement to permit County to enter onto an additional portion of Owner's
Property (hereinafter referred to as the "Amendment Area") for the purpose of extracting
soil/gravel, the additional land is described by the legal description in Exhibit C
WHEREAS, the original agreement was between John Peters in his individual capacity,
and as owner of the land desenbed in the Right to Entry Agreement This First Amendment is
between John Peters as the Owner of the Peters 313 Ranch, but both John Peters as an individual
and John Peters as the Owner of Peters 313 Ranch agree to this First Amendment,
WHEREAS, Owner, operating under "Peters 313 Ranch, Inc ", is in possession of certain
property located In
NW Quarter of Section 35, Township 12 North, Range 63 West of the 6ih P M ,
(hereinafter referred to as "Owner's Property")
WHEREAS, County intends to engage in one or more road improvements project(s) within
Weld County, (hereinafter referred to as the "Project") and is in need of sand, soil, and/or gravel
in order to complete said Project, and
WHEREAS, Owner's Property contains sand, soil and/or gravel which County deems
appropriate for use in the Project and which Owner desires to sell to County, and
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein and other good and valuable consideration, the receipt and adequacy of which are hereby
confessed and acknowledged, the parties agree to amend and modify the Right of Entry Agreement
as follows
Page I of 3
c7&/ 133107
I The foregoing recitals and conditions of the Right of Entry Agreement dated October
19, 2015 are hereby incorporated as if fully restated in this First Amendment to the
Right of Entry Agreement
2 The Exhibits attached to this First Amendment are hereby attached to and made a part
of the Right of Entry Agreement
3 Except as expressly amended or modified herein all terms and provisions of the Right
of Entry Agreement shall remain the same In the event of any conflict between the
terms and provisions of this First Amendment and the terms and provisions of the Right
of Entry Agreement, the terms and provisions of this First Amendment shall control
and supersede over the terms and provisions of the Right of Entry Agreement
IN WITNESS WHEREOF, the parties have duly executed this First Amendment as of the day
and year first above written
PROPERTY OWNER
Peters 313 Ranch, Inc
a Colorado corporation
Owner Signature.
Pnnted Name John r rs, Owner
WELD COCOUNT,
SC •-do;
ATTEST K
Weld C. my Clerk to the Board
BY
Deputy C
Date
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Steve Moreno, Chair AUG 0 6 2018
Page 2 o f 3
°W5- 33 6 7
EXHIBIT C
LEGAL PROPERTY DESCRIPTION
OF AMENDMENT AREA
Approximately 70 5 acres, located in the northwest quarter of Section 35, Township 12 North,
Range 63 West, of the 6th P M , Weld County, Colorado
The Amendment Area is the area within the boundary described as follows
Beginning at a point which is located N01°03'21 96"E 125 92 feet from the northwest corner of
Section 35, Township 12 North, Range 63 West, of the 6'i' P M , Weld County, Colorado,
commence NO1°03'27 36"E 2,481 10 feet, thence 590°00'00 00"E 2,639 34 feet, thence
N46°15'54 00"W 2059 19 feet, thence N6717'08 08 16"E 364 18 feet, thence N49°16'15 60"W
506 88 feet, thence S56°37' 19 92"W 265 08 feet, thence N16°23'22 20"W 161 51 feet, thence
N44°45'21 24"W 797 37 feet to the point of beginning
EXHIBIT D: JUNE 2018
PETERS 313 PIT FIRST AMENDMENT
Slir S34 1712N R63W
Legend
Access Road
Original Agreement Area
Amendment Area
Section Boundary
Parcel Boundary
OMPAN' I I
•
r"
DISCLAMER The GIS database and data in the product Is
subject to constant charge and the accuracy and
compceteness cannot be and is not guaranteed The designation of
lots or parcels or land uses ir. the database does not Impty that the
pots or parcels were created or that the land uses comply Mb
apottcable State or Local Law WELD COUNTY MAKES NO
1RRANTJES OR GUARANTEES EITHER EXPRESSED OR
€MPLIED AS TO THE COMPLETENESS ACCURACY. OR
CORRECTNESS OF SUCH PROOuCT NOR ACCEPTS ANY
LIABILITY ARISING FROM ANY INCORRECT. INCOMPLETE OR
MISLEADING INFORMAT'ON CONTAINED THEREIN
500 1.000
RESOLUTION
RE APPROVE AGREEMENT FOR RIGHT TO ENTER TO OBTAIN SOIL AND/OR GRAVEL
FOR ROAD PURPOSES AND AUTHORIZE CHAIR TO SIGN - JOHN PETERS
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 an Agreement for the Right to Enter to
Obtain Soil and/or Gravel for Road Purposes 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 John Peters, P O Box 37 Hereford, Colorado 80732, with 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 Agreement for Right to Enter to Obtain Soil and/or Gravel for Road
Purposes 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 John Peters
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 19th day of October, A D , 2015
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST er:dadiv
Weld County Clerk to the Board
BY
• . • y Clerk to a Boar.
APPROVED AS TO FORM
County Attorney
Date of signature 1(//4
�..
rbara Kirkmeye , Chair
Mike Freeman, Pro -Tern
an P Conway
(T
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M7
Cozad
Steve Moreno
cc ` o l 12-
2015-3367
EG0072
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