HomeMy WebLinkAbout20161796.tiffRESOLUTION
RE: APPROVE STRUCTURE AGREEMENT FOR ARNOLD PIT NO. 1 AND AUTHORIZE
CHAIR TO SIGN - ARNOLDS CUSTOM SEEDING, LLC
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 Arnold Pit
No. 1 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 Arnolds
Custom Seeding, LLC, commencing upon 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 Structures Agreement for Arnold Pit No. 1 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 Arnolds Custom Seeding, LLC, be and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem 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 13th day of June, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d ;cA
Weld County Clerk to the Board
BY:
Cu
uty Clerk to the Board
APPROVED AS TO FORM:
County Attorney
Date of signature: 7 /CP
EXCUSED
Mike Freeman, Chair
Julie A. C
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2016-1796
EG0073
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/ WORK SESSION REQUEST
RE: Structures Agreement between Weld County and Arnolds Custom Seeding ("ACS") for Arnold Pit No. 1.
DEPARTMENT: County Attorney/Public Works
PERSON REQUESTING: Frank Haug
DATE: 5/19/16
Brief description of the problem/issue:
The attached agreement is a Structures Agreement required by the Division of Reclamation, Mining, and Safety
as part of the mining permit process for the proposed Arnold Custom Seeding No. 1 project. The Agreement
states that ACS shall be responsible for any damages that occur, as a result of mining activities, to any
permanent structures within 200 feet of the affected land. In this instance, ACS needs our signature because
County Road 16 is within the 200 foot boundary.
Public Works staff has been consulted regarding this project and does not have concerns that the project will
interfere with out roadway.
These agreements are required by the Colorado Division of Reclamation, Mining, and Safety. The County
enters into these agreements with the operators of new pits when those pits are within 200 feet of our roads.
The County also gets signatures of property owners when our mines are within 200 feet of their structures.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
1) Approve 2) Modify 3) Reject
Recommendation:
Approval from the Board of County Commissioners is recommended.
Mike Freeman, Chair
Sean P. Conway, Pro -Tern
Julie Cozad
Barbara Kirkmeyer
Steve Moreno
Approve
Recommendation
Schedule
Work Session
Other/Comments:
2016-1796
6,1
or
CUSTOM SEEDING
To Whom it May Concern:
"PLAhrINO TOE 009 OF 4AFE"n'
90 p ER NEVER GROW
May 18, 2016
The enclosed Notice is being sent to you because Weld County owns County Road 16 which is
located within 200 feet of Arnolds Custom Seeding's proposed mining operation known as Arnold Pit
No. 1. The location of the of the subject property is part of the Northwest '/4 of the Northwest '/4 of
Section 35, Township 2 North, Range 63 West in Weld County, Colorado. Arnolds Custom Seeding
LLC has filed a 110 Limited Impact Operation Reclamation Permit Application with the Colorado
Division of Reclamation, Mining and Safety. The Arnold Pit No. 1 reclamation plan is to return the area
disturbance back to crop production.
Enclosed with this letter is a "Structure Agreement" whereby Arnolds Custom Seeding LI,C
agrees to provide compensation for any damages to the referenced County Road as the result of mining
top soil from the subject property (see map attached). If the enclosed Structure Agreement is acceptable
to you please complete the portion of the agreement identified as "Notary for Structure Owner" and
return same to Darren Dever, Arnolds Custom Seeding LLC, 4626 CR 65, Keenesburg, Colorado 80643.
If you have any questions about Arnolds Custom Seeding LLC Reclamation Permit Application
please contact the Colorado Division of Reclamation, Mining and Safety at (303)-866-3567, or you can
call me Darren Dever, Superintendent for Arnolds Custom Seeding LLC at (970)-324-5123 for further
in formation.
Sincerely,
Darren Dever
Arnold's Custom Seeding, LLC • 4626 WCR 65 • Keenesburg, CO 80643 • P: 303,732.4021 • F: 303.732.0510 • acsseeding.com
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An example Structure Agreement which meets the requirements of the Statutes is shown below.
*************************************************************************************
Structure Agreement
This letter has been 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 will 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(s) having an interest in the
structure, that the Applicant is to provide compensation for any damage to the structure: or
b) Where 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 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, f
properly executed, represents an agreement that complies with Construction Materials Rule 6.3.12(a),
Rule 6.4.19(a), and C.R.S. § 34-32.5-115(4)(e) and with Hard Rock/Metal Mining Rule 6.3.12(a). Rule
6.4.20(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:
Weld County Road 16
I.
2.
3.
4.
5.
(Please list cu/ hi tonal structures on a separate page)
CERTIFICATION
The Applicant, Arnolds Custom Seeding LLC (print applicant/company name),
by Rick GiHan (print representative's name), as Vice President (print
representative's title), 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 Arnold Pit No. 1 (operation name),
File Number M- 2016 02?
This form has been approved by 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 Act for Hard Rock, Metal, and Designated Mining Operations.
Any alteration or modification to this form shall result in voiding this form.
NOTARY FOR PERMIT APPLICANT
ACKNOWLEGED *T\00.E
BY: Applicant CeSke vh _c i's1cj
cl/ 1/ (O
Date
STATE OF C01O(QdO )
) ss.
COUNTY OF QdcfnS )
'Pic foregoing was acknowledged before e this t q da of 20 b
tC_l�i 6i Ilan as 1/I l'P P14O din* of r cy atsi!t fi l 9&
9
q -yam l c a P t-,
Notary Public
Representative Name
Title
R 'cW
V Ce. pres 'fin f
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My Commission Expires: a 1.1"-t
MONICA POOLE
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20084040340
MY COMMISSION EXPIRES FEBRUARY 27, 2018
NOTARY FOR STRUCTURE OWNER
ACKNOWLEGED BY:
Structure Owner
Date
JUN 13 2fls
STATE OF 20/1)0100 )
) ss.
COUNTY OF Oa )
Name Sean P. Conway
�I the Pro-Tem
The foregoing was acknowledged before me this 1 3 day of , 201 , , by
Sean P. Conway as Pro-Tem of Board of County Commissioners
Notary Publi
My Commission Expires:
/o2/i /2//
CHERYL LYNN HOFFMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144048044
MY COMMISSION EXPIRES OEC, 19, 2018
t'/(' / 716'
RE: STRUCTURES AGREEMENT - ARNOLDS CUSTOM SEEDING
ATTEST: dir-401.1 Xido'44.
Weld ' o,�ay Clerk to th= Board WELD COUNTY, COLORADO
BOARD OF COUNTY COMMISSIONERS
BY:
Deputy Cr rk o the
VE�)STF
Controller
APPROVED S TOFORM:
4(
uflty Attorney
an P. Conway, Pro-Tem--�'2ti1
PROVED A - O SU: •TANCE:
El: al or Department Head
Director of General Services
e›20/4,-/ 796
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