HomeMy WebLinkAbout20172027RESOLUTION
RE: APPROVE STRUCTURE AGREEMENT FOR CHANGE OF OPERATOR (PARKER-
DERSHAM RESOURCE) FROM BESTWAY CONCRETE, CO., TO HALL-IRWIN
AGGREGATES, LLC, 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 Structure Agreement for Change of
Operator (Parker-Dersham Resource) among the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, Bestway Concrete, Co., and
Hall -Irwin Aggregates, LLC, 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 Change of Operator (Parker-Dersham
Resource) among the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, Bestway Concrete, Co., and Hall -Irwin Aggregates, LLC, 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 10th day of July, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
ATTEST:daj•ok
Weld County Clerk to the Board
ounty A torney
Date of signature: 7 ( 9021 t
WELD kCOUNTY RADO
Julie A. Cozad, Chair
Steve Moreno, Pro -
Sean P. Conway
ike Freeman
C
arbara Kirkmeye
cc:cc cee),Donna Krc+F'+
crsr (-7
2017-2027
EG0074
HALL-IRWIN AGGREGATES, LLC
301 CENTENNIAL DRIVE
MILLIKEN, CO 80543
(970) 587-6906
June 15, 2017
The enclosed "Structure Agreement" is required by the Colorado Division of
Reclamation and Mining Safety (the "Division" ) for the Succession of Operator
application filed by Hall -Irwin Aggregates, LLC. Hall -Irwin Aggregates, LLC is
seeking to become the successor operator to the below reclamation permit:
Reclamation Permit No: M2006003 Name: Parker-Dersham Resource
Location: T1N R67W Sec 36 SW4NE4 Permit Issued: April 9, 2008
To view the property information and map go to the Weld County Assessor portal:
https://propertyreport.co.weld.co.us/?account=R0026888
https://propertyreport.co.weld.co.us/?account=R6088486
https://propertyreport.co.weld.co.us/?account=R4959508
THIS IS NOT A NEW MINING PERMIT —this is a request for change of
operator from Bestway Concrete Co. to Hall -Irwin Aggregates, LLC.
There is no mining activity at this time; only reclamation work.
Please fill out, sign in the presence of a notary and return the attached letter in
the self-addressed, stamped envelope within seven (7) days of the receipt of this
letter.
If you do not own any structures within 200 feet of the subject property, please
mark "N/A" through the letter, sign it and mail it back. There is no need for a
notary in the event you do not own any structures. RECEIVED
You may also email your letter to:
dkraftc lotholding.com JUN 1 9 2017
or Fax: (970) 587-6916 WELD COUNTY
COMMISSIONERS
If you have any questions, please call: Donna Kraft at (970) 587-6906
Thank you for your cooperation.
2017-2027
HALL-IRWIN AGGREGATES, LLC
301 CENTENNIAL DRIVE
MILLIKEN, CO 80543
(970) 587-6906
June 15, 2017
Reclamation Permit No: M2006003 Name: Parker-Dersham Resource
Location: T1N R67W Sec 16 SW4NE4 Permit Issued: April 9, 2008
This letter is being 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 may 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 having an interest in
the structure, that the Application is to provide compensation for any damage to the
structure; or
b) Where such an agreement cannot be reached, the Application shall provide an appropriate
engineering evaluation that demonstrates that such structures 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. §34-32-115(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:
1. CR 23.5 AND CR 23 3/4
2.
3.
4.
5.
(Please list additional structures on a separate page)
CERTIFICATION
The Applicant, Hall -Irwin Aggregates, LLC, by Bret Hall, as Manager, does hereby certify that WELD
COUNTY (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 Parker-Dersham
Resource, File Number: M2006003.
This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its
authority under the Calmed° Land Reclamation Act for the Extraction of Canriuetbn Materials
and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, end Designated Mining
Operations. Any alternation or modification of this form shill result in eolith,' this
Applicant: Hall -Irwin Aggregates, LLC By:
Date/ AIlyr' ill! , 2017
STATE OF COLORADO
COUNTY OF WELD
)
)
)
Bret Manager
NOTARY FOR PERMIT APPLICANT
The foregoing was acknowledged before me this (tr*y leiiil, 2017, by Bret Hall as
Manager of Hall -Irwin Aggregates, LLC, the Applicant.
Notary Public
SIGNATURE OF STRUCTURE OWNER
Structure Owner: WELD COUNTY SignaturA
Date: July 10Q 2017
STATE OF COLORADO
COUNTY OF WELD
)
)
Title: Julie AC—t≤,zad, Chair, Board of
Weld County Commissioners
NOTARY FOR STRUCTURE OWNER
The foregoing was acknowledged before me this 10thday of July , 2017, by
Julie A. Cozad as Chair
Bo
W..11 6.....i r, 1 1
CHERYL LYNN1HOFFMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144048044
ItWeSgMMISSION EXPIRES DEC. 19, 2018
My Commission expires: 12/1V2018
N
of
'zirese
Cheryl Lynn loffmanr
O20 /7 -°24,2.7
RE: STRUCTURE AGREEMENT WITH HALL-IRWIN AGGREGATES, LLC - PARKER-
DERSHAM RESOURCE M2006003
APPRD AS TO SU TANCE:
Elected Official or Department Head
APPROVED AS TO FUNDING:
APPROVED AS TO FORM:
County Attorney
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