HomeMy WebLinkAbout20172028RESOLUTION
RE: APPROVE STRUCTURE AGREEMENT FOR CHANGE OF OPERATOR (FIRESTIEN
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 (Firestien 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 (Firestien 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
WELD COUNTY, COLORADO
ATTEST: dit,40) •,, ,;�,
Weld County Clerk to the Board
BY:
APP
Qe.e \IR,
uty Clerk to the Board
ounty orney
rbara Kirkmeyer
Date of signature: —7 f a corn
e; etra
Julie A. Cozad, Chair
Steve Moreno, Pro- m
an P. Conway C
Freeman
cc : CC..C (30), onna- Kra Ft
2017-2028
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: M1996060 Name: Firestien Resource
Location: T6N R66W Sec 31 S2S2 Permit Issued: Dec 31, 1996
To view the property information and map go to the Weld County Assessor portal:
https://propertyreport.co.weld.co.us/?account=R1228196
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 active mining at this location, there is 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.
You may also email your letter to:
dkraft(a Iotholding.corn
or Fax: (970) 587-6916
If you have any questions, please call: Donna Kraft at (970) 587-6906
Thank you for your cooperation.
2017-2028
EGoO1Lj
HALL-IRWIN AGGREGATES, LLC
301 CENTENNIAL DRIVE
MILLIKEN, CO 80543
(970) 587-6906
June 15, 2017
Reclamation Permit No: M1996060 Name: Firestien Resource
Location: T6N R66W Sec 315252 Permit Issued: Dec 31, 1996
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. WELD COUNTY ROADS 27 AND 64 1/2
2.
3.
4.
(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 Firestien Resource, File
Number: M1996060.
This ferns has been approved by the Colorado Mined Land Reclamation Board pursuant to its
authority under the Colorado Land Reclamation Act for the Extraction of Constnnetkn Materials
and the Colorado Mined Land Reclamation Act for Hard Nock, MetaL and Designated Mining
Operations. Any alternation or modification of this form shall result in
Applicant: Hall -Irwin Aggregates, LLC
STATE OF COLORADO
COUNTY OF WELD
2017
My Commission expires:
By: y
Bret Hat Manager
NOTARY FOR PERMIT APPLICANT
e me thi
the Applicant.
SIGNATURE OF STRUCTURE OWNER
Structure Owner: WELD COUNTY
Date: July 10, 2017
STATE OF COLORADO
COUNTY OF WELD
)
)
)
Signatu
Title: Julie A. Cozad, ChhJ, 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 of
Board .C S ld . stakt ,e,,.,aiooionors.
CHERYL LYNN HOFFMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144048044
M a4PMMISSI0N EXPIRES DEC. 19, 2018 N.,-ryPu
My _ommassaon expires: T+�—Cheryl ynn offman
020/7- o& oo2f
RE: STRUCTURE AGREEMENT WITH HALL-IRWIN AGGREGATES, LLC - FIRESTIEN
RESOURCE PERMIT NO. M1996060
APPROVED AS TO SUBSTANCE:
Elected Official or Department Head
APPROVED AS TO FUNDING:
Controller U
APPROVED AS TO FORM:
Coun y Attorney
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