HomeMy WebLinkAboutRESOURCE RECOVERY FARM, SAND & GRAVEL MINE - PDP/FDP - 17-99 - CORRESPONDENCE - OTHER JURISDICTIONS-3-
NOTARIZATION OF OPERATOR'S ACKNOWLEDGMENT
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
, by
of
NOTARY PUBLIC
My Commission expires:
APPROVED:
State of Colorado
Division of Minerals and Geology
Mined Land Reclamation Board
By:
Division Director
Date:
ss.
as
day of
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FURTHER, the Permittee promises the Board, pursuant to 34-32.5-112(1)(d) 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 Permittee 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, its agents, contractors, and subcontractors shall alter or diminish the
Permittee's obligation hereunder, which shall extend to the reclamation of all such lands disturbed.
The obligation of the Permittee hereunder is such that, if the Permittee shall successfully
comply with the requirements of the Act, applicable rules and regulations, and the permit, then the Board,
upon a finding that the Permittee has so complied, shall release this performance warranty, and the
Permittee from its obligation hereunder, to the extent that the Board determines that such compliance has
been accomplished. The obligation of the Permittee 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 Permittee has attached hereto its
financial warranty, which may be amended from time to time. The Permittee 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.
If the Board determines that the Permittee 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 Permittee's financial warranty shall be subject to forfeiture. In addition, the permit to
extract construction material may be revoked.
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 day of
City of Fort Collins (SEAL)
Permittee
am
Title:
NOTE: Notarization must also be completed on following page.
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: (303) 866-3567
FAX: (303) 832-8106 PERFORMANCE WARRANTY
Construction Material Oneration
Operator: City of Fort Collins
Operation: Resource Recovery Farm (RRF)
Permit No: M-99-078
KNOW ALL MEN BY THESE PRESENTS, THAT:
DIVISION OF
MINERALS
GEOLOGY
RECLAMATION
MINING -SAFETY
Bill Owens
Governor
Greg E. Watcher
Executive Director
Michael B. Long
Division Director
WHEREAS, the Colorado Mined Land Reclamation Act, 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, City of Fort Collins (the "Permittee"), has applied for a permit to conduct a
mining operation known as Resource Recovery Farm (RRF) (the "Operation") on certain lands in Larimer
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 Permittee 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 Larimer 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.
WHEREAS, the Permittee hereby gives the Board a performance warranty pursuant to
Section 34-32.5-117 of the Act, and herein promises the Board that it will comply with all applicable
requirements of the Act, and the Rules and Regulations as may be amended, with regard to those Affected
Lands.
NOW, THEREFORE, the Permittee 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 Permittee 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.
STATE OF COLOMDO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
.
1313 Sherman St., Room 215
Denver, Colorado 80203
DIVISION OF
Phone: (303) 866-3567
MINERAL S
FAX: (303) 832-8106
&
GEOLOGY
RECLAMATION
October 22, 1999
' MINING•SAFETY
Bill Owens
Governor
Greg E. Walcher
Mr. Tom Shoemaker Executive Director
City of Fort Collins Michael B. Long
281 N. College Ave. Division Director
Ft. Collins, CO 80522
RE: File No. M-99-078, Resource Recovery Farm (RRF), 112c Decision Letter - Conditions, Financial and
Performance Warranty Request - Construction Material Operation
Dear Mr. Shoemaker:
On October 18, 1999, the Division of Minerals and Geology approved your 112c mining permit application. The
conditions to the approval are noted below:
Stipulation No. Description
Prior to removing any product containing groundwater, the Operator will provide proof to the Division
of Minerals and.Geology that a water supply plan or decreed plan for augmentation has been approved
by the Office of the State Engineer.
As a government entity, no Financial Warranty is required. However a performance warranty is required. We have
enclosed a performance warranty form with this letter for your use.
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
WILL NOT BE ISSUED UNTIL WE VERIFY THE ADEQUACY OF YOUR PERFORMANCE
WARRANTY.
If you have any questions, please contact me.
Sincerely,
Gregg R.;S1�uire;
f�.
Environmental Protection Specialist
Enclosure
cc: Michael J. Hart, Hart Environmental
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