HomeMy WebLinkAbout20183223.tiffRESOLUTION
RE: APPROVE STRUCTURE AGREEMENT FOR BETZ BORROW PIT AND AUTHORIZE
CHAIR TO SIGN - SEMA CONSTRUCTION, INC.
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 Betz
Borrow Pit 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 SEMA
Construction, Inc., 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 theBetz Borrow Pit 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 SEMA Construction, Inc., 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 8th day of October, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:d4t*(J < d;4,
Weld County Clerk to the Board
BY:
Steve Moreno, Chair
Pro-Tem
eputy Clerk to the Board
ED AS T
Mike Freeman
County Attorney
Date of signature: I l (Col I '
c -c ca cBc), ( &R/cH/Ctc)
< g
2018-3223
E00075
TO: Board of County Commissioners
FROM: Bob Choate, Assistant County Attorney
DATE: October 1, 2018
SUBJECT: Mine Structure Agreement
Commissioners,
SEMA Construction has received a mining permit from the State for a property located south of CR 46. See the attached
map. SEMA 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 mines 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
Steve
Moreno
1
Barbara
Kirkmeyer
I vI cv ,0 Lci-
cal) 0i( c
Sean
Conway
Julie
Cozad
Mike
Freeman
mr
tis-
2018-3223
a&0015
Karla Ford
From:
Sent:
To:
Subject:
Barbara Kirkmeyer
Tuesday, October 02, 2018 8:06 AM
Karla Ford
Re: Pass Around - Mine Structure Agreement
Agree
Have a great day
On Oct 2, 2018, at 7:38 AM, Karla Ford <kford@weldgov.com> wrote:
Do you agree with recommendation for this pass around? The other four have approved. Please
advise. Thanks!
Karla Ford X
Office Manager, Board of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford@weldgov.com :: www.weldgov.com
My working hours are Monday -Thursday 7:00a.m.-4:00 p.m.
Friday 7:00a.m. - Noon
<image003.jpg>
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O County Boundary
Adjacent property Owners -
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J Janeczko
T Betz
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MI Schnesder Buildings
Kanmenen (bt t )- fence
J Janeczko (oil wells on then
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Bernhardt water well
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Structure Agreement
This letter has been provided to you as the own r 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 -mad₹ 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 Persons) having an interest in the
structure. that the Applicant is to provide compensation for any damage to the structure: or
b) Mier 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 utili ' letterhead.
from the owner(s) of the utility that the mining and ieclamation 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. '0)
The Colorado _ fined Land Reclamation Board ("Board") has determined that this form, if
properly executed, represents an agreement that complies with Construction lilateri is 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.?0(a), and -.KS. § 34-31-115(3)( ). This form is for the sole purpose of ensuring compli nce with the
Rules and Regulations and shall not make the Board or Division a necessary parts' to any private civil
lawsuit to enforce the terms of the agreement or create any enforcement o ligations 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 46
3.
4.
5
(Please list additional structures on a separate page)
Notary Pi blic
CERTIFICATION
The Applicant, SEMA Construction, Inc print applicant company name
by Mark W. Brooks
(print repie..entative's naive). as District Vice President (print
representative's title). does hereby certify" that
Weld County
(structure owner) hall
be compensated for any damage from the proposed mining operation to the above listed strucnir'e(s)
located on or within 200 feet of the proposed affected area described within Exhibit A. of the Reclamation
Permit Application for
File Number M.
Betz Borrow Pit l operation name).
This form has been approied bt 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 Oct for Hard Rock, Metal, and Designated Wining Operation .
.-Ini alteration or modification to this form shall result in 1 oiling this form.
NOTARY FOR PERMIT APPLICANT
ACI{NOWLEGED BY:
r
Applicant SEMA Construction, Inc. Representative \ dine
Date 9/12/18 Title District Vice resident
STATE OF Colo
) ss.
COUNTY OF Arapahoe )
The foresouis was Aelalos ledryed before me tliis�? day at t ✓ . ? 1 . by
I U`l . c) as Pis 1..'slC�Cittn� F COr1S11a ViJ.f G J.
\Iy C onniussion Expires:
t o 12.0 2-C.7
NOTARY FOR ST ITC URE OWNER
ACIiNO\V LECTED
Stntchue Olvnet
/74''112/Yz ante Steve Moreno
-W
eld County, Chair BOCC Board of Weld
Date 10/08/2018 Title County Commissioners
STA E OF COLORADO
) ss.
COUNTY OF WELD
The foregoing Ncas acknowledged before me this 8thclay of October .2018 . by
M• _ - .ts as Chair ofi-he Board of Weld County Commissioners.
Notat
Cheryl Lynn Ho an
My Commission Expires: 12/19/ 2018
CHERYL LYNN HOFFMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144O48044
MY COMMISSION EXPIRES DEC. 19, 2018
o40/lJ-3'Wd
RE: AGREEMENT FOR MINING STRUCTURE - SEMA CONSTRUCTION
APPROVED ,.■.i+i•.=STANCE:
Ele "eicial o iepartment Head
APPROVED AS O FUNDING:
Controller
APPRO ED AS TO FORM:
County Attorney
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