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Home My WebLink About20140317.tiff RESOLUTION RE: APPROVE AGREEMENT FOR COMPENSATION FOR DAMAGE TO STRUCTURES WITHIN 200 FEET OF MINING ACTIVITIES AND AUTHORIZE CHAIR TO SIGN - NORTHERN COLORADO CONSTRUCTORS, INC. 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 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Northern Colorado Constructors, Inc., for County structures located within 200 feet of the property described below, commencing upon full execution, with terms and conditions being as stated in said agreement: Located in part of the NE1/4 of Section 25, Township 1 North, Range 67 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 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Northern Colorado Constructors, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. re; Ory_ eiirls Zade/ y/&/'y ec �,� ese9) pao(PIO, N G H) 2014-0317 (4-'14) BC0046 APPROVE AGREEMENT FOR COMPENSATION FOR DAMAGE TO STRUCTURES WITHIN 200 FEET OF MINING ACTIVITIES - NORTHERN COLORADO CONSTRUCTORS, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of February, A.D., 2014. BOARD OF COUNTY COMMISSIONERS C,1 � C c-t�1 WELD COUNTY, COLORADO ATTEST: `�, G vC[to•t,k, c� ;f(c C d'QPvirp t(/ Do glas Rademac er, hair Weld County Clerk to the Board A LA ALA BY: " lk a n arbara Kirkmeyer, ro-Tem GA Depu Clerk to the Board J Sean P. Conway AP D ORM: n � Mike Freem Coun y Attorney osa uM%`illiam F. Garcia Date of signature: 0996-121 -r �.Jy ti „sir alirf 2014-0317 BC0046 SwFr NW III- e 9075 WCR 10*Fort Lupton,CO 80621 PHONE:303-857-1754 FAX:303-857-2933 www.ncconstructors.com January 8, 2014 REEVE OUety Weld County Planning and Building Department Weld JAN .1 2014 Attn: Tom Parko N 17th Ave GREELty tGFFlCertment 1555 Greeley, CO 80631 Re: Agreement for Compensation for Damage to Structures within 200 feet of mining activities To Whom It May Concern: Northern Colorado Constructors, Inc. has a State of Colorado Division of Reclamation, Mining, and Safety (DRMS) Reclamation Permit M1990-098 to allow sand and gravel mining on property within 200 feet of structures located on your property. The Colorado Mined Land Reclamation Act provides protection for your property, and specific protection for your structures located within 200 feet of the mining activities. DRMS Permit requires a notarized agreement between the permit holder and owners of structures within 200 feet, providing compensation for any damage to the structure; or preparation of an engineering evaluation acceptable to the DRMS, demonstrating that such structures shall not be damaged by the mining activities if an agreement cannot be reached. Northern Colorado Constructors, Inc. has had an engineering evaluation performed to determine acceptable setbacks from their proposed mining permit boundary and mining limit to structures adjacent to the mining. The proposed mining slopes and setbacks were analyzed using the XSTABL v5.105a computer program. XSTABL was designed to analyze the slope stability of earth embankments subjected to several critical situations that may occur during the life of the embankment. The procedure searches for circular shear failures and automatically searches for the lowest safety factor. 2,000 separate failure surfaces were analyzed for each case. The required minimum safety factors are based on the current standards used by the Colorado State Engineer's Office (SEO) for high hazard embankment dams, and industry accepted standards for the evaluation of embankments during construction. The safety factors attained using the setbacks shown on the attached Mining Plan are greater than the required safety factors specified by the SEO for an earth embankment during construction, and an earth embankment subjected to earthquake loading, based on the United States Geological Survey earthquake peak 2014-0317 Weld County Planning and Building Department RE: Agreement for Compensation for Damage to Structures within 200 feet of mining activities -2- acceleration factors for the area. This evaluation indicates that damage to structures adjacent to the mining should not occur, even during earthquake conditions, which are very unlikely to be present. With this letter, Northern Colorado Constructors, Inc. requests your authorization to conduct mining and reclamation activities within 200 feet of the structures located on your property. In return for this authorization, Northern Colorado Constructors, Inc. agrees to provide fair compensation for any damage to your structure(s) resulting from its mining and reclamation activities. Your notarized signature below grants permission for Northern Colorado Constructors, Inc. to conduct mining and reclamation activities within 200 feet of your structure(s), and acknowledges Northern Colorado Constructors, Inc.'s commitment to provide compensation for any damages to said structure(s) caused by Northern Colorado Constructors, Inc.'s mining and reclamation activities. Sincerely, Chris Zadel t Date Northern Colorado Constructors, Inc. Property Ow er Date The I 1W foregoing instrument was acknowledged before me this 31 day of tal 1°14 by, em l)ou _ LS 7GZCkWIQc{il _,as C,1'\t ( Wdd CU cvt i \3x uid L L5-vvt.v+.cis5ItlgerS Notary blic JENNIFER FULLER •�i I NOTARY PUBLIC My Co mission Expires: STATE OF COLORADO NOTARY ID 20054020344 MY COMMISSION EXPIRES MAY 19, 2017 in � ti , .k # N, COUNTY ROAD 6 I - - - - _ ..m. -. %3/48, /- MI 17. aMIMV I ill. I MINING LIMIT 1 I \ 41 I I t. „„..--- . 2.., I -7 \ SLURRY WALL / . - I • I 0J• , I - •.=A 1 / I r / t _. 44. I / 0 i \ \ I / I s9 I II bi Si - i _ I J IJ , \,„„iiro.... .� — _ - _s......„, ../‘\ — PROPERTY LINE - 500 250 0 50 tilM=' ,IMIN SCALE IN FEET Date: 1 /9/ 14 Ihh J&T Consulting, Inc. Job N o: 13147 Drawn: WSS 305 Denver Avenue - Suite D Fort Lupton, CO 80621 Perry Pit Vicinity Map Scale: 1 " = 500' 303-857-6222 Sheet: 1 O f: 1 Esther Gesick From: Bruce Barker Sent: Wednesday, February 26, 2014 3:01 PM To: cjz@ncconstructors.com Cc: Esther Gesick; Susan Brown Subject: RE: Agreement for Compensation for Damage to Structures Within 200 Feet of Mining Activities Chris: Any thought to adding the language? Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150"O" Street Greeley, CO 80632 (970) 356-4000, ext.4390 Fax: (970) 352-0242 'AS1 'Ill t ti yY, Lk; Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Bruce Barker Sent: Tuesday, February 04, 2014 11:16 AM To: 'cjz@ncconstructors.com' Cc: Esther Gesick Subject: Agreement for Compensation for Damage to Structures Within 200 Feet of Mining Activities Chris: The Board of County Commissioners has approved the Agreement, but wishes to add the following language: If flooding in the area of the mined property should occur after the date of signature hereunder,Northern Colorado Constructors, Inc., agrees to assist Weld County in mitigating damages to Weld County's structure (WCR 6) caused by flood waters flowing through the mined property and entering upon the structure. Such mitigation shall consist of both pre-flooding and post-flooding measures taken by Northern Colorado Constructors, Inc., after consultation with Weld County. If NCC agrees to this language, please insert it after the last paragraph,and then send me two signed originals. I will then see that the originals are signed by the Board Chairman and one will be returned to you. 1 0704-0,3 7 Please call me with questions or if you wish to discuss. Thanks. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150"O" Street Greeley, CO 80632 (970) 356-4000,ext.4390 Fax: (970) 352-0242 gia %i - Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 Hello