HomeMy WebLinkAbout20161036.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR COMPENSATION FOR DAMAGE TO STRUCTURES
WITHIN 200 FEET OF MINING ACTIVITIES (PETERS 313 GRAVEL PIT) 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 Compensation for
Damage to Structures Within 200 Feet of Mining Activities (Peters 313 Gravel 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 John Peters, commencing upon the
full execution of signatures, with further terms and conditions being as stated in said agreement,
and
Located in the of S1/2 SW1/4 of Section 26, Township 12 North, Range 63
West of the 6th P.M., Weld County, Colorado, 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 Compensation for Damage to Structures within 200
Feet of Mining Activities (Peters 313 Gravel 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 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.
Jec-t; eA PO;4)641/C-e-/
")-__ ,1/- /6. 2016-1036
EG0073
RE: AGREEMENT FOR COMPENSATION FOR DAMAGE TO STRUCTURES WITHIN 200
FEET OF MINING ACTIVITES (PETERS 313 GRAVEL PIT) - JOHN PETERS
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of March, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: .datif -eid.o;
Mike Freeman, Chair
Weld County Clerk to the Board
Sean P. Conway, Pro-Tem
BY:
De ty Clerk to the Board Id& a
Julie A. Cozad
APP D A M: ��`�, IE� /.��.�` (� - A�
-a Kira Kirkmeyer
ounty Attorney ` ( =� �=�-■-` ��-e �
Moreno
Date of signature: gilab9
2016-1036
EG0073
RECEIVED
MAR 1 4 2'24,3
-;va.§..leete WELD COUNTY
COMMISSIONERS
MEMORANDUM
_- G Y
TO: Esther Gesick, Clerk to the Board DATE: March 11, 2016
FROM: Valerie Mino, and Clay Kimmi, P.E., CFM, Public Works
SUBJECT: Structures Agreement between Weld County and John Peters for the Peters 313
Gravel Pit
Please place the attached agreement on the BOCC Agenda, and return a copy of the agreement to me,
for my records, after approval.
The attached agreement is a Structures Agreement required by the Division of Reclamation, Mining, and
Safety as part of the mining permit process. This Agreement states that Weld County 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 order to protect these structures from damage, the County will
place a fence around the area to be mined to prevent mining operations from occurring too closely to the
structures, and the County will maintain a minimum setback of 25 feet from this fence.
Mr. John Peters, has agreed to enter into this agreement with Weld County.
One fence and one gravel road will be covered under this agreement.
We will plan on attending the BOCC hearing to answer any questions that the Board may have regarding
this agreement.
2016-1036
Page 1 of 1
M:\Mining\Peters 313 Pit\Easements\Easement Agreements\Mr.Peters\Structures Agreement BOCC Memo-Peters.docx
BOARD OF COUNTY COMMISSIONERS
i$6111 1150 O STREET, P.O. BOX 758
GREELEY, COLORADO 80632
-m WEBSITE: WWW.CO.WELD.CO.US
ItO -
PHONE: (970) 336-7204
G O U N T Y FAX: (970) 352-0242
I
February 23, 2016
John L. Peters
P.O. Box 37
Hereford, CO 80732
RE: Agreement for Compensation for Damage to Structures within 200 feet of
Mining Activities at the Peters 313 Pit
Dear Mr. Peters:
Weld County is currently applying for a permit from the State of Colorado,
Division of Reclamation, Mining, and Safety (DRMS) to mine in the south half of the
southwest corner of Section 26, Township 12 North Range 63 West of the 6th P.M., in
Weld County, Colorado. The DRMS application requires the submittal of an agreement
between the mine permit applicant and the owners of any structures located within 200
feet of the proposed area to be mined, in which the mine permit applicant agrees to
provide compensation to the structure owners if mining activities cause any damage to
the structures.
A title search of the area to be mined and the properties around that area has
revealed that a fence on the west side of the property and a gravel road leading to a
tank battery, owned by John L. Peters, are located within 200 feet of the area to be
mined. An analysis performed by the Weld County Engineering Department shows that
mining operations will come within approximately 25 feet of these structures.
Page 1 of 30,z)/‘, -/b,6
Structure compensation agreement.
Weld County will be taking precautions in order to insure that all mining activities
remain within the permitted area. A fence will be installed at the permit boundary and
mining will come no closer than 25 feet from the fence. A setback of approximately 25
feet from any pipeline easements will be maintained. Mining will be completed so that
vertical/high wall conditions will not occur, and the reclamation slopes will be mild; no
steeper than one foot vertical change for every three feet horizontal change.
Weld County would like to request your authorization to conduct mining and
reclamation activities within 200 feet of the structures specified in this document. Weld
County agrees to provide fair compensation to John L. Peters if, in the course of
conducting mining and reclamation activities, the structure(s) are damaged as a direct
result of these activities.
Your signature below grants permission for Weld County to conduct mining and
reclamation activities within 200 feet of the following structures:
• fence on the west side of the property
• gravel road leading to a tank battery
If you have any questions, please feel free to call Bruce T. Barker, Weld County
Attorney, at (970) 356-4000, extension 4390, or Valerie Mino, Weld County Water
Engineer, at (970) 356-4000, extension, 3773.
Sincerely,
Valerie A. Mino —Water Engineer
Weld County Public Works
Please sign below, have your signature acknowledged in the space provided, and send
this document to: Bruce T. Barker, Weld County Attorney, P.O. Box 758, 1150 O Street,
Greeley, Colorado 80632.
Page 2 of 3
Structure compensation agreement.
J n L. Peters
STATE OF --t/t� �yllff
COUNTY OF ,�
The foregoing instrument was acknowledged before me this / day of
" , 20A, by -0 L "eh YS .
Witnes y hand and fFi ' I sea.
LORNA L QUNLAP NOTARY PUBLIC
COUNTY oc , STATE OF
Notary Public LARAMIE tre_. WYOMING '
l., MY COMMISSION EXPIRES MARCH 21,2017 y
My Commission Expires: 2/2 0/7
ATTEST: daisy S. . :ei BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
11
BY:
/ A
Deputy I ler r h �'>>: ike Freeman, Chair MAR 21 1%H6
1$61 t :
A" :TWA '��!`) ' ' >`.; L., /APP ' •VED AS TVI SUBST ' '
Controller "� ' Ele ' : • r Department Head
APPROVE AS TO FORM ��-�
�/ Director of General Services
/v
County Attorney
Page 3 of 3 oO/ -•/05(0°
Structure compensation agreement.
Hello