HomeMy WebLinkAbout20142416.tiff RESOLUTION
RE: APPROVE PERFORMANCE WARRANTY FOR MINING PERMIT OF KOSKIE 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 Koskie 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 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 Koskie 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 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 4th day of August, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: GIdaieti • Ai(--
�v...� Douglad Rademacher, Chair
Weld County Clerk to the Bo 1EL ',
XCUSED
♦:=rbara Kirkmeyer, Pro-Tem
BY: .T�,
D . y Clerk to the B� %%��` �_ CUSED
"rr dean P. Conway
®utt
�VAPP FyD AS RM:
Mike Fre
y Attorne d
(rem . Garcia
Date of signature: S L9-14
CC Pta(pc.,ct<)
%- ILA 2014-2416
EG0070
MEMORANDUM
TO: Esther Gesick, Clerk to the Board DATE: August 1, 2014
FROM: Clay Kimmi, P.E., CFM, Public Works
COUNTY
SUBJECT: Performance Warranty for the Koskie Gravel Pit
Please place the attached agreement on the BOCC Agenda. Please return a copy of the agreement to
me for my records.
The Division of Mining, Reclamation, and Safety has approved the County's application for a gravel
mining permit at the Koskie Pit. The final step that is required for the DRMS to issue the mining permit is
for the County to provide a performance warranty. The performance warranty is a standard form that the
DRMS requires all mining operators to post prior to the issuance of the permit. The performance warranty
basically states that Weld County agrees to follow all of the DRMS requirements for mining and
reclamation following the completion of mining.
It should be noted that Weld County is exempt from having to post a financial warranty.
I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding
this agreement.
2014-2416
Page 1 of l
M'.\Mining\Koskie\Koskie Performance Warranty Memo to BOCC.docx
,^ Dy , COLORADO
CO Division of Reclamation,
. Mining and Safety
1313 Sherman Street, Room 215
Denver, CO 80203
July 24,2014
Jay McDonald
Weld County Public Works
1111 H St.
Greeley, CO 80632
Re: File No. M-2014-024, Koskie Pit, 112c Decision Letter-Performance Warranty Request-
for Construction Material Operations that do not Require a Financial Warranty
Dear McDonald:
On July 24, 2014,the Division of Reclamation, Mining and Safety(Division)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 at(303)866-3567 Ext. 8124.
Sincer
P er S. Hays
Environmental Protection Specialist
Enclosure - Koskie Pit performance warranty form
Cc: Tom Kaldenbach, Division of Reclamation, Mining and Safety
Barbara Coria, Division of Reclamation, Mining and Safety
O CO,
ti H
1313 Sherman Street, Room 215,Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us
John W.Hickentooper, Governor i Mike King, Executive Director I Virginia Brannon, Director
STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman SI,Room 215 COLORADO
DIVISION OF
Denver,Colorado 80203 RECLAMATION
Phone:(303)866-3567 MINING
FAX:(303)832-8106 _&
SAFETY
Jonn W.Hickenlooper
Governor
PERFORMANCE WARRANTY Mika King
Executive Director
Virginia Brannon
Director
Operator: Weld County Public Works
Operation: Koskie Pit
Permit No: M-2014-024
This form has been approved by the Mined Land Reclamation Board pursuant to sections 34-32-117,
CR.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 Koskie 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.
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Office of Office of
Mined Land Reclamation Denver•Grand Junction•Durango Active and Inactive Mines
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-I12(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.
- 3 -
The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors -and
assigns.
SIGNED, SEALED AND DATED this 4th day of August 2014
•
t ' LS% Board of Weld County Commissioners on behalf of
, Weld County Public Works (SEAL)
t O
B AGA
ctiVairtc2_ 0(PAr
Douglas Rademacher ,
AUG 0 4 2014
‘c eh 1 4:CA
'. � � Title: Chair
NOTARIZATION OF OPERATOR'S ACKNOWLEDGEMENT
STATE (Foie OFY'GL )
ss.
COUNTY OF Me id )
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The foregoing instn
nyyent was acknowledged before me this T day of azwy
by‘.0,0 )45)a5 as _ of tRoard DA Aid 9oaef
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APPROVED: : t��` ! C��.=
State of Colorado W COMM. EXP. 04-10-2016
Mined Land Reclamation Board
Division of Reclamation, Mining and Safety
By: Date:
Division Director
M:\min\share\bondforms\Performance Warranty.doc (05/26/2004)
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