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Home My WebLink About20141383.tiff RESOLUTION RE: APPROVE AGREEMENT FOR COMPENSATION FOR DAMAGE TO STRUCTURES WITHIN 200 FEET OF MINING ACTIVITIES AND AUTHORIZE CHAIR TO SIGN - SCOTT KOSKIE 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 Scott Koskie, for structures located within 200 feet of the property described below, and described as the Koskie Gravel Pit, commencing upon full execution, with terms and conditions being as stated in said agreement: Located in part of the E112 of Section 12, Township 10 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 Scott Koskie, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. _ Li Pw(eK,i-C)cm Lob) 9h .Q. 5 fig 3cl K e-N-2 (6/1 2014-1383 BC0046 APPROVE AGREEMENT FOR COMPENSATION FOR DAMAGE TO STRUCTURES WITHIN 200 FEET OF MINING ACTIVITIES - SCOTT KOSKIE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of May, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO r( ATTEST: d. •� ,)cat 's aDa 'c Ckl DougHas Radem cher Chair Weld County Clerk to the Board / Lam .arb J V irl eye PP,rroo--Tem BY: Deput Clerk to the Be •, �I` ti's•\ can P. Conway APP TO FOR S` -F e`gv " 22- o Mike Fr an ounty Attorney C W iam F. Garcia Date of signature: S/I a 2014-1383 BC0046 MEMORANDUM �S61 TO: Esther Gesick, Clerk to the Board DATE: May 1, 2014 FROM: Clay Kimmi, P.E., CFM, Public Works G O U- SUBJECT: Structures Agreement Between Weld County and Scott Koskie 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 attached agreement is called a Structures Agreement and is required by the Division of Mining, Reclamation, and Safety to be included as part of the mining permit. The Agreement states that Weld County shall be responsible for damage that occurs to any permanent structures within 200 feet of the pit that are damaged as a result of the mining activity. There are two fences and a stock well that are covered under this agreement with Mr. Koskie. In order to protect the stock well from damages due to mining, the County will fence off the pit to prevent mining operations from occurring too closely to the well. To prevent damages to the fences, the County will set back a minimum of 25 feet from each fence line so that mining equipment will not be able to damage the fences. I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding this agreement. 2014-1383 Page I of I M:\4ining\Koskie\Structures Agreement BOCC Memo.docx BOARD OF COUNTY COMMISSIONERS 1861 - 1150 0 STREET 117 Lp, P.O. BOX 758 GREELEY, COLORADO 80632 PHONE: 970 336 7204 G O UNT FAX: 970.-352-0242 March 27, 2014 Scott Koskie 14570 N. County Road Wellington, Colorado 80549 Re: Agreement for Compensation for Damage to Structures within 200 Feet of Mining Activities Dear Mr. Koskie: On October 30, 2013, the Board of County Commissioners of Weld County approved and authorized the Chairman's signature on a document entitled, "Right to Enter Agreement to Obtain Soil and/or Gravel for Road Purposes," with you being listed as the "Owner" in the Agreement. The property is: East 1 of Section 12, Township 10 North, Range 67 West of the 6th P.M., Weld County, Colorado ("the Property"). Weld County is currently applying for a permit from the State of Colorado, Division of Reclamation, Mining, and Safety ("DRMS"), to mine the property. The DRMS permit application requires the submittal of an agreement between the prospective permit holder and owners of structures located within 200 feet of the proposed area to be mined, agreeing to provide compensation to the owners if the mining causes any damages to the structures. Clay Kimmi, Senior Engineer for Weld County, has informed me that the County's mining operations on the Property will come within approximately 30 feet of the fence lines on the north and west sides of the mine permit area, and within approximately 50 feet of your windmill and livestock water well. Mr. Kimmi reports that: "Slope stability will not be an issue because we will not mine to a high wall (vertical wall) condition and the reclamation slopes will have to be shallow enough to allow farm implements to traverse it. The well sits at an elevation that is about 15 feet lower than the current land surface. We will mine about 15 feet of material. Therefore, in the vicinity of the well, the final land surface will be about the same elevation as the well so there are no slope stability issues." The purpose of this letter is to request your authorization to conduct mining and reclamation activities within 200 feet of these structures. In return for such authorization, Weld County agrees to provide you with fair compensation if, in the course of conducting the mining and reclamation activities, the structures are damaged as a direct result of the activities. r • Letter Agreement, Koskie March 27, 2014 Page 2 Your acknowledged signature below grants permission for Weld County to conduct mining and reclamation activities within 200 feet of the following structures: the fence lines on the north and west sides of the mine permit area, and the windmill and livestock water well located adjacent to the mine permit area. If you have any questions, please feel free to call Bruce T. Barker, Weld County Attorney, at (970)356-4000, ext. 4390, or Mr. Kimmi at (970) 356-4000, ext. 3750. Sincerely, Douglas Rademacher, Chairman Board of County Commissioners of Weld County 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. Aj...,vtcp/ se_d_otc.b Scott Koskie STATE OF(�//��0440 ) COUNTY OF 1-A/lrYJCf' ) ss he foregoing instru lent was ack owledge before a this /yam day of %( 20 b ire �� by S DU j'' 'D q�As Kos/C1� . Witness my hand and official seal 1701()I PAULA L CROSSE /41/(4116 NOTARY PUBLIC OLOFiA STATE AR COLORADO NOTARY ID 20134057.1115 Notary Public 4cc/ NN MY COMMISSION EXPIRES AUGUST19,2017 My Commission Expires: /f / pc: Clay Kimmi, Senior Engineer 1 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO C ooc (P g Douglas Rade acher, Chair MAY 0 5 2014 STATE OF Cti 10i1AA.O ) ) ss COUNTY OF h kLik ) The foregoing instrument —was--1O9 �owled ed be this day of �.,/Ylpu , 20 l '� > by � dd Witness my hand and official seal. RAFAELA ALICIA MARTINEZ NOTARY PUBLIC STATE OF COLORADO /� NOTARY ID 20144002878 Notalnip c-' at-L-t Mg A 6.2 MY COMMISSION EXPIRES JANUARY 22, 2018 Public My Commission Expires: A as 02018 ac/g• 13&3 Hello