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HomeMy WebLinkAbout20150588.tiff TO: Board of County Commissioners i86i „tr 1O741 rj - t FROM: Bob Choate, Assistant County Attorney \U / DATE: February 18, 2015 sr SUBJECT: Possible Agreement with Mining Permit Applicant Commissioners, Attached is a request for an agreement by Vesco Consulting Services LLC related to their mining permit application with the Colorado Division of Reclamation, Mining and Safety. As part of the state permitting process, a mining permit applicant must attempt to enter into an agreement with any structure owner within 200 feet of the proposed mine, for the purpose of ensuring that any damage to the structure will be repaired. Weld County owns County Road 115 adjacent to the mine, which is considered by Vesco to be a"structure". After discussing this with Michael Miller of Vesco, it is clear that Vesco's obligations to repair any damage to the road is not dependent on an agreement, but is instead required by the permit itself._. scp has no preference if we sign an agreement or not—they are just required by regulatio attempt to make an ag ement. Because there is no benefit to the County, I recommend that do enter into an agree nt with Vesco. If you agree, I will place this on your consent agenda as corresponde lease ow if you have any questions. Agree with Staff Work Session Comments Recommendation Requested Kirkmeyer �, � , ` /'�� - .,i,1_ (S flu ,4- o" ' f ,i,t, ^ Freeman ( -0 0.1 hail 't— . NNEJ Conway Cozad <! lt <C/ Moreno 2015-0588 eaYn424.7i a Feb 5th, 2015 RE: GoodMiller#2 Pit Weld County Dear: Weld County This letter is to inform you that Vesco Consulting Services, LLC. is in the process of obtaining a mining and reclamation permit for the GoodMiller#2 Pit located in Weld County in Section 16 Township 7 South Range 59 West 6th P.M. The Mine Operator is required to obtain a damage waiver for structures within 200 feet of the mine affected area. You have been identified as the owner of a structure within this distance. This waiver is a commitment from the Mine Operator that if, for any damage resulting to the structure as a result of any type of mine activity,the mine operator will repair or contract for the repair or replacement of the structure. This is required for the existing 112c Permit with the Colorado Division of Reclamation, Mining and Safety. The waiver is a guarantee of protection for the structure for you as the owner. Structure(s) List within the 200 feet distance of the mine affected area 1. CiL 115— PM'S ate,vt 1O Peon it MLA 2. 3. This agreement is to demonstrate to you that Vesco Consulting Services, LLC. will replace or repair any structures that you own which are damaged by the operation and within 200 feet. It is important to document all structures within 200 feet. Please help us ensure that all structures owned by you have been identified in the List above and return the notarized form to the address listed above. If there are any questions,please call Mike Miller at (970)-356-1853 or Greg Lewicki at(303)-346-5196. Sincerely, Signed: a-(s- /5- Date Printed Name: OV11G#-f c M Ud t Vesco Consulting Services, LLC CERTIFICATION The Permit Applicant and Mine Operator,Vesco Consulting Services, LLC by 4ktc}L4&1 At iL. , as OWI&UL , (Title) does hereby certify that 11J1.4 C-DOiVY"! (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 the letter attached to this agreement, of the Reclamation Permit for GoodMiller#2 Pit, Permit File Number M-2014-070. 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 BY: Applicant V sco Representative Name K)}+*tt 1111l t < Date -ty- l) Title AnA2-•YL STATE OF Lanait ) ) ss. COUNTY OFlte id ) The foregoing was acknowledged before me this tp'M day of kh , 20 j%, by Pt' ctook as CifYn of Uuseo \\tikeirii , 1,611 My Commission Expires: 1-L"19 Notary Public 6 • TARA BRISBY NOTARY PUBLIC STATE OF COLORADO NOTARY ID# 19984004223 MY COMMISSION EXPIRES JANUARY 06.2019 NOTARY FOR STRUCTURE OWNER WITHIN 200 FT OF REVENUE MINE AFFECTED AREA ACKNOWLEGED BY: Structure Owner Name Date Title STATE OF ) ) ss. COUNTY OF ) The foregoing was acknowledged before me this day of , 20 , by as of My Commission Expires: Notary Public Hello