HomeMy WebLinkAbout20162025.tiffRESOLUTION
RE: APPROVE PERFORMANCE WARRANTY FOR MINING PERMIT OF PETERS 313 PIT
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 a Performance Warranty for the Mining
Permit of Peters 313 Pit from 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, to the
Colorado Department of Natural Resources, Division of Reclamation, Mining and Safety, with
terms and conditions being as stated in said Performance Warranty, and
WHEREAS, after review, the Board deems it advisable to approve said Performance
Warranty, 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 Performance Warranty for the Mining Permit of Peters 313 Pit from
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, to the Colorado Department of Natural
Resources, Division of Reclamation, Mining and Safety, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said Performance Warranty.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of June, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: S%eAae1i , p:rk,
Weld County Clerk to the Board
BYc
eputy Clerk to the Board
APP: % ED AS
or' ey
Date of signature: 7 (9O ( 90
Mike Freeman, Chair
Sean P. Conway, Pro-Tem
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CC: PwCf=C/Vr(1/CK)
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2016-2025
EG0073
MEMORANDUM
J J\ TO: Clerk to the Board DATE: June 17, 2016
FROM: Valerie Mino, Public Works Department
SUBJECT: Consent Agenda Item
Performance Warranty for the Peters 313 Sand and Gravel Pit required by the Division of
Reclamation, Mining and Safety.
M:\Francie\AGENDA memos \Agenda-ValerieMino.doc
RECEIVED
j1.1;'.! 2 11 77U6
VvELLi COUNTY
COMMISSIONERS
2016-2025
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/ WORK SESSION REQUEST
RE: Performance Warranty for the Peters 313 Sand and Gravel Pit required by the Division of Reclamation,
Mining and Safety
DEPARTMENT: Public Works
DATE: 6/2/16
PERSON REQUESTING: Valerie Mino and Clay Kimmi
Brief description of the problem/issue:
The Division of Mining, Reclamation, and Safety has approved the County's application for a gravel mining
permit at the Peters 313 Pit. The final step required for DRMS to issue the mining permit is for the County to
provide a performance warranty. The performance warranty is a standard form DRMS requires all mining
operators to post prior to the issuance of the permit. The performance warranty states that Weld County agrees
to follow all of the DRMS requirements for mining and reclamation following the completion of mining.
Weld County is exempt from having to post a financial warranty, so there are no costs associated with this
request.
Recommendation:
Public Works recommends approval of the Performance Warranty form and to place it on the next available
BOCC agenda.
Approve
Recommendation
Mike Freeman, Chair
Sean P. Conway, Pro -Tern
Julie Cozad
Barbara Kirkmeyer
Steve Moreno
Schedule
Work Session
Other/Comments:
COLORADO
Division of Reclamation,
Mining and Safety
Department of Natural Resources
1313 Sherman St. Room 215
Denver, CO 80203
May 23, 2016
Ms. Valerie Mino
Weld County Public Works
1111 H St.
PO Box 758
Greeley, CO 80632
Re: File M2015-045, Peters 313 Pit, 112c Decision Letter - Performance Warranty Request
Dear Ms. Mino:
On May 23, 2016, the Division of Reclamation, Mining and Safety approved your 112c permit application.
No financial warranty was set by the Division for this operation. However, you must submit a performance
warranty in order for us to issue a permit. We have enclosed a performance warranty form with this letter
for your use. Please have the performance warranty signed by an appropriate official, notarized, and return
it to us.
PLEASE NOTE THAT MINING OPERATIONS MAY NOT COMMENCE UNTIL A PERMIT
HAS BEEN ISSUED BY THE DIVISION AFTER RECEIPT OF YOUR PERFORMANCE
WARRANTY. A PERMIT CANNOT BE ISSUED UNTIL WE HAVE VERIFIED THE
ADEQUACY OF YOUR PERFORMANCE WARRANTY.
If you have any questions, please contact me.
Sincerely,
Eric C. Scott
Environmental Protection Specialist
Enclosure
M -AP -16
1313 Sherman St. Room 215 Denver, CO 80203 P (303) 866-3567 F http://mining.state.co.us/
John W. Hickentooper, Governor I Robert W. Randall, Executive Director I Virginia Brannon, Director
COLORADO
Division of Reclamation,
Mining and Safety
Department of Natural Resources
1313 Sherman St. Room 215
Denver, CO 80203
PERFORMANCE WARRANTY
Operator: Weld County Public Works
Operation: Peters 313 Pit
Permit No: M-2015-045
This form has been approved by the Mined Land Reclamation Board pursuant to sections 34-32-117,
C.R.S., of the Mined Land Reclamation Act and 34-32.5-117, C.R.S., of the Colorado Land Reclamation
Act for the Extraction of Construction Materials. Any alteration or modification of this form, without
approval by the Board shall result in the financial warranty being invalid and result in the voiding of
any permit issued in conjunction with such invalid financial warranty and subject the operator to cease
and desist orders and civil penalties for operating without a permit pursuant to sections 34-32-123,
C.R.S., of the Mined Land Reclamation Act and 34-32.5-123, C.R.S., of the Colorado Land Reclamation
Act for the Extraction of Construction Materials.
KNOW ALL MEN BY THESE PRESENTS, THAT:
WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et seq. (the "Act"), as
amended, and the Colorado Land Reclamation Act for the Extraction of Construction Materials,
C.R.S. 34-32.5-101 et seq. (the "Act"), as amended, provides that no permit may be issued under the Act
until the Mined Land Reclamation Board (the "Board") receives a performance warranty (or warranties)
that is a written promise to comply with all applicable requirements of the Act.
WHEREAS, Weld County Public Works (the "Operator"), has applied for a permit to conduct a
mining operation known as Peters 313 Pit (the "Operation") on certain lands in Weld County, Colorado.
These lands are described in the permit application, as amended and supplemented, and are referred to
herein as the "Affected Lands".
WHEREAS, in its application for the permit, the Operator has agreed to be bound by all
requirements of the Act and all applicable rules and regulations of the Board, as amended from time to time.
WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs of
reclamation with regard to those affected lands in Weld County which are now or may become subject to
the permit are those amounts for the stated periods of time as set forth in the financial warranty, which may
be amended from time to time to reflect revised estimates of said costs of reclamation.
1313 Sherman St. Room 215 Denver, CO 80203 P (303) 866-3567 F http://mining.state.co.us/
John W. Hickenlooper, Governor I Robert W. Randall, Executive Director I Virginia Brannon, Director
WHEREAS, the Operator hereby gives the Board a performance warranty pursuant to
Section 34-32-117(2) or Section 34-32.5-117(2) of the Act, and herein promises the Board that it
will comply with all applicable requirements of the Act with regard to those Affected Lands.
NOW, THEREFORE, the Operator hereby promises the Board that it will comply with all
applicable requirements of the Act and rules and regulations of the Board with respect to the Affected
Lands.
FURTHER, the Operator hereby promises the Board that it will comply with all of the terms of the
application for a permit, as amended and supplemented, as well as any conditions attached to the permit by
the Board.
FURTHER, the Operator promises the Board, pursuant to 34-32-112(2)(d) or 34-32.5-112(1)(c)(iv)
of the Act, that it has the lawful authority to enter upon the Affected Lands to conduct mining operations,
including, but not limited to, reclamation. The Operator further recognizes the right of the Board to enter
to reclaim lands affected by the operation.
The description of lands herein is for convenience of reference only, and no error in such
description, nor any revision of the permitted mining area, nor the disturbance by the Warrantor of lands
outside of the permitted mining area shall alter or diminish the Operator's obligation hereunder, which shall
extend to the reclamation of all such lands disturbed.
The obligation of the Operator hereunder is such that, if the Operator shall successfully comply
with the requirements of the Act, applicable rules and regulations, and the permit, then the Board, upon a
finding that the Operator has so complied, shall release this performance warranty, and the Operator from
its obligation hereunder, to the extent that the Board determines that such compliance has been
accomplished. The obligation of the Operator hereunder shall continue until released in whole or in part
by the Board in accordance with applicable law.
In further satisfaction of the requirements of the Act, the Operator promises to be responsible for
the cost of reclamation up to the amount established by the Board and has attached hereto its financial
warranty, which may be amended from time to time. The Operator agrees that it will maintain a financial
warranty (or warranties) for the estimated costs of reclamation in good standing for the entire life of the
permit. Please note that under the provisions of the Colorado Mined Land Reclamation Act and the
Colorado Land Reclamation Act for the Extraction of Construction Materials, any Applicant or Operator
that submits proof, acceptable to the Board or Division of Reclamation, Mining and Safety, that an
Applicant or Operator is a unit of County or Municipal government, or is a department or division of State
government, the Applicant or Operator is not required to submit or post any other instrument of financial
responsibility but hereby promises to be responsible for the cost of reclamation up to the amount specified
by the Board.
If the Board determines that the Operator is in default under this performance warranty
and has failed to cure such default, although written notice of such default and ample time to
cure such default have been given, the Operator's financial warranty shall be subject to forfeiture.
This performance warranty may be executed in multiple copies, each of which shall be treated as
an original, but together they constitute only one agreement, the validity and interpretation of which shall
be governed by the laws of the State of Colorado.
The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors -and
assigns.
SIGNED, SEALED AND DATED this 0a 1 day of aine
Weld County Public Works (SEAL)
Operator
By: T
Title: Chair, Weld County Commissioners
JUN 2 7 2016
NOTARIZATION OF OPERATOR'S ACKNOWLEDGEMENT
STATE OF COLM 4PO )
)ss.
COUNTY OF 11.) a )
The foregoing instrument was acknowledged before me this
by Mike Freeman
as Chair, Board 9 Weld County Comml'ssioners
T�
47 day of
CHERYL LYNN HOFFMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144048044
MY COMMISSION EXPIRES DEC. 19, 2018
APPROVED:
State of Colorado
Mined Land Reclamation Board
Division of Reclamation, Mining and Safety
By:
Division Director
SI Ai •I
NOTARY PU1C
My Commission expires:
Date:
4.2-A02„0//
cZ� - �ao25�
RE: PERFORMANCE WARRANTY FOR PETERS 313 SAND AND GRAVEL PIT
ATTEST: ddroff/v r, ..&6o;A
Weld CptXnty Clerk to the Bo -rd WELD COUNTY, COLORADO
BY:
BOARD OF COUNTY COMMISSIONERS
Deputy Clem to the Board � '*�� Mike Freeman, Chair JUN 2 7 2016
Controller
APP VEDA 0 FORM:
N,
County Attorney
PROVED AS STANCE:
IA
Director of General Services
0261& - 02-0a
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