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Home My WebLink About20112929 a RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS FOR USE BY SPECIAL REVIEW PERMIT #1657 AND AUTHORIZE CHAIR TO SIGN, - LAFARGE WEST INC. / LIVINGSTON LEIGH LIVESTOCK OF WELD COUNTY, LLC / SALLY PARSONS 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, on March 3, 2010, the Weld County Board of Commissioners approved Use by Special Review Permit #1657, for Lafarge West, Inc., 11409 Business Park Circle, Suite 200, Longmont, Colorado 80504, for a Mineral Resource Development Facility, including Open Pit Gravel Mining and Materials Processing, in the A (Agricultural) Zone District, on the following described real estate, to-wit: E1/2 SE1/4 of Section 25, and NE1/4 of Section 36, all in Township 6 North, Range 67 West; and the W1/2 SW1/4 of Section 30; and NW1/4 of Section 31, all in Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented with an Improvements Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Lafarge West, Inc. / Livingston Leigh Livestock of Weld County, LLC / Sally Parsons, with terms and conditions being as stated in said agreement, 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 Improvements Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Lafarge West, Inc. / Livingston Leigh Livestock of Weld County, LLC / Sally Parsons, be, and hereby is, approved. AID 1111111111111 11111 IR 1111111 3806466 11/17/2011 04:41P Weld County, CO 1 of 27 R 0.00 D 0.00 Steve Moreno Clerk& Recorder CL Pw 3 o)1 }c, Frcavie.w II 11 -di // 2011-2929 li PL2024 IMPROVEMENTS AGREEMENT- LAFARGE WEST, INC. I LIVINGSTON LEIGH LIVESTOCK OF WELD COUNTY, LLC I SALLY PARSONS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of November, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:/ o114 u/ —, ^i1 ( A Y� �^ ( C-(6L "`' ' Barbara Kirkmeyer, air Weld County Clerk to the Bo Eta an P. Con , Pro-Tem 1 61 G BY:Deputy Cle to the Boar A it i F. Garcia APPROIYED AST FARM: �� avid E. Long Count Attorney Dougla ademache, Date of signature: 11 -17 -1 I 111111111111 1111111 11111111111111111111 11111111 1111IIII 3806466 11/17/2011 04:41P Weld County, CO 2 of 27 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2011-2929 PL2024 MEMORANDUM 1861 - 2011 TO: Clerk to the Board WI E L DEC OI U N T Y DATE: 10/31/2011 I� I FROM: Richard Hastings, Public Works Department SUBJECT: BOCC Agenda Item - Approve Improvements Agreement For: Lafarge "Parsons Pit" - (USR-1657) Request for Approval of Improvements Agreement: The Department of Public Works and the Department of Planning Services received a request from the applicant, Steven T. Brown/Lafarge North America, Inc., requesting that the Board of County Commissioners consider approving the Improvements Agreement for the Mineral Resource Development Facility (USR-1657), located at CR 25/95th Ave. and CR 64.5/O St. Weld County Public Works Department reviewed the above-mentioned signed original document and observed the following: • All Public Works related items, of the "Improvements Agreement According To Policy Regarding Collateral For Improvements", are found to be acceptable. Request to Waive the Acceptance of Collateral: The Department of Public Works and the Department of Planning Services received a request from the applicants' representative, Steven T. Brown/Lafarge North American, Inc. requesting that the County not require collateral be posted for this agreement, as the improvements to the property will not take place for an extended period of time. Recommendation: The Department's of Public Works and Planning Services are recommending approval of the Improvements Agreement According To Policy Regarding Collateral For Improvements, and that no collateral be required, as defined in the previous paragraph, for Lafarge "Parsons Pit" - (USR- 1657). pc: Dave Bauer, Public Works Kim Ogle, Planning Services M:\PLANNING—DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1657 Parsons Mine Improvements Agreemen' (USR-1657)-Lafarge Parsons Pit-MEMO doex 2011-2929 In TETRA TECH October 24, 2011 Mr. Kim Ogle Weld County Planning 1555 N. 17'n Avenue Greeley, CO 80631 RE: Parsons Mine USR Improvements Agreement Dear Kim: On behalf of Lafarge I am providing you with four original, signed copies of the Parsons Mine USR Improvements Agreement. One copy is for the County to record, one copy is for Lafarge, another copy is for Dr. Sally Parsons, and the fourth copy is for Mr. Tom Livingston. It is my understanding that the Improvements Agreement will be scheduled for the County Commissioner's to approve and sign at their hearing next Monday, October 31m. After the County Commissioners sign all four copies of the Agreement, please return the three extra copies of the Agreement to me so that I can distribute them to the appropriate parties. My address is below: Pam Hora Tetra Tech 1900 S. Sunset Street, Suite 1F Longmont, CO 80501 Thank you for your assistance. Please contact me if you have any questions. Sincerely, TETRA TECH . 1710+c ` ^Liagne,4 Pamela Franch Flora, AICP Senior Planner cc: Anne Johnson, Lafarge West, Inc. Rich Hastings, Weld County Public Works R W131_6291DawmMaloorrespondence1Imp Apmt Distribution.doc Tel _ Fax , IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Lafarge "Parsons Pit"— USR-1657 �� a THIS AGREEMENT, made and entered into this ' day of igve ier , 2011, by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners. hereinafter called "County," Lafarge West Inc., hereinafter called "Lafarge", Livingston Leigh Livestock of Weld County, LLC. hereinafter called "Property Owner A", and Sally Parsons, hereinafter called "Property Owner B". Property Owner A and Property Owner B may each be referred to herein collectively as the "Property Owners". The County, Lafarge and Property Owners may each be referred to herein individually as a "Party" or collectively as the "Parties." WITNESSETH: WHEREAS, Property Owners are the owners of, and Lafarge has interest in and is the Lessee of, the following described properties in the County of Weld, Colorado: E2 SE4 Section 25; NE4 Section 36,T6N, R67W; and W2 SW4 Section 30; NW4 Section 31, T6N, R66W the 6th P.M., Weld County, CO hereinafter referred to as "the Property,"and WHEREAS, the terms of "Lease Agreements" between Property Owners and Lafarge confirms that Property Owners have granted Lafarge (and its successors and assigns) the exclusive right and privilege to enter upon, through and over the Properties to mine the sand, gravel and stone owned by Property Owners and existing in, on and under Properties, to include responsibility for the reclamation of the Property after mining, and WHEREAS, Lafarge is solely responsible for the mining and reclamation of the sand, gravel and stone in, on and under the Properties under the terms of a mined land reclamation permit issued by the Colorado Department of Natural Resources, Mined Land Reclamation Board ("DRMS Permit No. M-2009-082"), which permit is secured by a reclamation performance bond posted by Lafarge with the State of Colorado, and WHEREAS, County has approved land use permits for a Mineral Resource Development facility including Open Pit Gravel Mining and materials processing in the A (Agricultural) Zone District on approximately 381 acres on the above described real property, and the County is currently in the process of considering an Use-by-Special Review for the Property (USR-1657), and WHEREAS, the Property Owners and Lafarge acknowledge that the issuance of USR- 1657 is conditional upon Lafarge's performance of the on-site and off-site improvements which are described in this Agreement and depicted in the Plat Map and the set of accepted Construction Plans provided electronically by Lafarge copies of which shall be attached to this Agreement as they become available and made a part hereof, as Exhibits C and D, respectively, and M\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1657 Parsons Mine\Improvements Agreement\Lafarge- Parsons I'ii USR-1657 IA Final (9-22_-1I)does Page I or Is 1111111111111111111IIIIIIIIMil IIIIIIIIIIIIIII111I1111 a6/i a9a9 33806466 of 27 R 0.00 O 0.00 Steve Moreno Clerk& Recorder USR-1657 and or any activity related to the businesses described above until the appropriate improvements have been completed, and WHERE As, Property Owners a and T a a°-ree that pursuant to the revisions of L`-eld i r[ro Y_. Y• County Code Sec. 23-2-290, the failure to commence construction of the improvements outlined herein or to commence the use of the Property as approved in USR-1657 within three (3) years of the approval of the permit issued under USR-1657, may result in the vacation of USR-1657, upon consideration and order of the Board of County Commissioners, and WHEREAS, Property Owners and Lafarge agree that the failure to record the plat within the time limits imposed by the Weld County Board of County Commissioners, may result in the vacation of USR-1657, upon consideration and order of the Board of County Commissioners, and WHEREAS, the Parties acknowledge and agree that Lafarge shall be solely responsible for complying with the terms and conditions of this Agreement and the conditions of USR-1657, and WHEREAS; the parties agree that Lafarge shall provide collateral for all future on-site and off-site improvements required by this Agreement when the Property Owner submits and receives approval of an application for a Grading Permit, Building Permit or for a Right-Of-Way Permit for construction of accesses and work within the County and or State of Colorado Right- Of-Way. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant and agree as follows: 4. Required Off-Site Improvements 1.0 Weld County Road 64.5: T.afarge shall be responsible for the construction of certain on-site and off-site safety improvements, which shall include: construction of adequate asphalt paved turning radii (60) feet at themain site entrance onto WCR 64.5 as-indicated-on the accepted Construction Plans. The applicant shall install a paved turn lane on westbound WCR 64.5 to accommodate westbound traffic turning into the facility, in accordance with the requirements of the Department of Public Works and the City of Greeley. Granting of any new point of access may generate additional obligations with County for Off-Site Improvements and the need to post additional "Road Maintenance Collateral". 2.0 Road Improvements Responsibilities: Tafarge is solely responsible for all designated improvements, as specified above in Section A.1.0, on WCR 64.5, and for any construction improvements mandated by the City of Greeley (hereinafter "Greeley") and/or the County, and for all expenses associated therewith. These responsibilities include, but are not limited to the following: design, survey, utility locates, present and future right-of-way clearances and permits, coordination with oil and gas Property Owners and facilities, affected railroad facilities and affected irrigation facilities, traffic control, and project safety during construction. Lafarge shall obey all applicable regulations issued by the Occupational Safety and Health Administration (hereinafter `OSHA"), CDOT, Colorado Department of Public Health and Environment. (hereinafter"CDPHE") and other regulatory agencies. M_'PL4\.4NG—DEVELOPMENT REVIEWLSR-Useby Spezia Review\USR-165-Parsons Minellmprovemems Aoreemen(\aiarge- Parsons Pit USR-16-714 Final(E-11-1 I).docx Paae 2 of 18 111111111111 DIM 11111111111111111III11111IIII IIII 3806466 11/17/2011 04:41P Weld County, CO 4 of 27 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 3.0 Engineering Design and Construction Plans: Al] engineering designs and construction plans provided by Lafarge shall include, at a minimum, ingress/egress entrance intersection layouts, existing and proposed grading, drainage designs, storm drainage pipe sizings and inverts, a cross section of the road base/asphalt,approach roads, and adequate turning radii, and pavement markings. In addition, a geotechnical asphalt pavement design to accommodate heavy truck traffic, prepared by a Professional Engineer licensed to practice in Colorado, is required for WCR 64.5. These plans, when reviewed and accepted by the Weld County Engineer, shall be a part of the Plans, which are a part of this Agreement. All plans showing work within the County and Greeley Right-Of-Ways shall be reviewed and accepted by Greeley and Weld County, prior to the start of construction. For all construction in the County right-of-way, prior to the issuance of any access permit or right-of-way permit, a construction schedule giving times and locations of all proposed improvements shall be provided to Public Works for review and acceptance. 4.0 Construction Standards: All construction and materials controls for a project and any designated improvements shall conform to the requirements in effect as the time of the completion of the improvements set forth in the "Standard Specifications for Road and Bridge Construction" provided by CDOT. 5.0 Traffic Control: Prior to the construction in the County and/or State right-of-way and as a condition of issuance of any access permit or right-of-way permit, the applicant shall submit a traffic control plan for County review. During construction, signage shall be posted in accordance with the then current version of the "Manual of Uniform Traffic Control Devices". 6.0 Off-Site Dust Control/Abatement and/or Paving (If Applicable): County will determine the proportionate share of dust control and/or paving costs to be paid by Lafarge based upon then current Truck Trip ESAL Counts that identify traffic loading due to Lafarge-sourced traffic. The amount and extent of dust control and paving measures will be determined by site- specific conditions at the time, as determined exclusively by County personnel. In order to accurately determine percentage of Lafarge haul truck traffic, the County reserves the right to install traffic counters on the driveway(s) of the facility. The percentage of haul truck traffic utilizing County roads in the vicinity of the site attributable to Lafarge (or their contractors, clients, tenants, or customers) activities will be determined by traffic counts conducted by the County on the primary and requested alternate or revised haul routes. The County will have sole responsibility for determination of the percentage of truck traffic on all affected roads. 7.0 Future Improvements: Future improvements to the haul route may be required by County for reasons related to: changes in site activity or truck circulation patterns and numbers, roadway classification changes, and newly permitted facilities affecting the haul route traffic usage. Lafarge shall address all County access issues associated with afore-mentioned haul route. Future County mandated measures may include improvements to the following intersections: WCR 64.5 and WCR 25,75, WCR 64 and WCR 27, or any other intersections or roadways then utilized by Lafarge as a result of the establishment of a new haul route. Lafarge shall pay a proportionate cost share based on the number of Truck Trip ESAL Counts using then current data on the haul route in the implementation of the above-mentioned improvements. County personnel alone shall make all determinations regarding the gathering of and use of traffic data when making decisions regarding cost sharing. Lafarge shall contribute $85,846 for the modification of the curves on WCR 23.75 between WCR 64.5 and WCR 64.75, when the County M:YL.ANNING—DEVELOPMENT REvIE W\USR-Use by special Review\USR-165 7 Parsons MinctImprovements Agreemeniitefarge- Parsons Pit USR-1657 IA Final(S-I 1-I I).docx Page 3 of 18 1 111111 11111 1111111 III 11111 11111111111 III 111111111 IIII 3806466 11/17/2011 04:41P Weld County, CO 5 of 27 R 0.00 D 0.00 Steve Moreno Clerk & Recorder has determined; that safety improvements are required and that Lafarge truck traffic is using this portion of the haul route. 8.0 Timing of Improvements: Lafarge shall not be required to complete the aforementioned offsite improvements as described in Section A 1.0 until the occurrence of the triggering event for each improvement, namely the application for the Grading Permit, Building Permit or Right-Of-Way access permit resulting from the commencement of activities on the property(s). At that time, Lafarge agrees that the required collateral will be posted and all on-site and offsite improvements shall be completed within the parameters established in Section E.-7.2 and Exhibit B, herein. 9.0 Acceptance of Off-Site Improvements: Upon completion of the off-site improvements, Lafarge shall contact the Weld County Department of Public Works and request an inspection of the off-site improvements described in Paragraph A.1.0-2.0 above. The County's representatives may then initiate the acceptance process set forth in Paragraphs E.6.0, sections 6.1-6.3. 9.1 All references in this Agreement to "Acceptance of Improvements" shall refer to the County confirming completion of said improvement(s) according to the accepted Construction Plans. By accepting any improvement, the County does not thereby accept said improvement for purposes of future maintenance, nor does the County accept any present or future responsibilities or obligations relative to these improvements. B. Haul Routes: 1.0 Established Haul Routes from the facility access point: WCR 64.5 west to the Windsor town limits, WCR 64.5 east to WCR 27, then north on WCR 27 to SH 392 or south on WCR 27 to SH 34. 1.1 Exiting or entering the site: Haul trucks shall enter or exit the site via the proposed access, directly onto County Road 64.5 to disperse west or east. 1.2 No haul truck may exceed CDOT required specifications for pounds per axle. 1.3 In unusual or rare occasions, if particular projects mandate deviation from the above-mentioned haul route for a limited period of time (which is defined in this Agreement as a period of not more than thirty days), which shall be established by County at the time that the deviation is allowed. If County approves such deviation, trucks will utilize paved county roads whenever possible. A deviation from the established Haul route lasting more than thirty (30) days or requests for two or more deviations within a twelve month period shall be subject to the teens of Paragraph 4.0 of this Section B. In the event that haul truck traffic, in excess of 15% of the daily facility truck trips, utilizes alternate haul routes, the provisions of Paragraph 4.0 of this Section B shall be triggered. 2.0 Haul Route Signage: Lafarge shall install haul route signs at all exit points of the M APL.ANMNG- DEVELOPMENT RE\'IEW\USR-Use by Special Review\USR-1657 Parsons Mineamprovements AgreementQafarge- Parsons Pit USR-1657 LA Final(8-I 1-I 1).docs Page 4 of 18 111111111111 1111111 III 11111 11111 1111111 III 11111 1111 I'll 3806466 11/17/2011 04:41P Weld County, CO 6 of 27 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Property which can be clearly seen by drivers leaving the facility and which clearly depict County approved haul routes. 3.0 No Deviation from Permitted Haul Routes: No deviation in the use of any roads other than those specifically authorized for use in this Agreement is permitted without the prior written amendment of this Agreement. 4.0 Effect of Future Changes to Haul Routes: In the event that County is requested by Lafarge or site Property Owner to approve the use of an additional access, new haul route, or an alternative haul route as a result of a change in Lafarge's site activities and/or truck circulation patterns, and if the alternative or additional access or haul route utilizes any unpaved portion of County roads, and if County determines that dust control or paving is required on the unpaved portion of said haul route roads, Lafarge agrees that dust control or paving measures to protect the public health, safety, and welfare shall be instituted. County will determine the proportionate share of dust control and/or paving costs to be paid by Lafarge based upon then current truck trip counts that identify traffic loading due to Lafarge-sourced traffic. The amount and extent of dust control and paving measures will be determined by site-specific conditions at the time, as determined exclusively by County personnel. C. Road Maintenance Requirements for Haul Routes on Weld County Roads. 1.0 Obligation to Maintain Current and Future Haul Routes: Lafarge agrees to excavate, repair, or patch any damage on current or future haul route roads, which in the sole opinion of County has been created by heavy truck hauling from the Property. Should Lafarge's site activities and/or should Lafarge's truck circulation patterns change in the future so that County approves an alternate haul route, and all or a significant portion of Lafarge's sourced traffic no longer utilizes the above-described haul route and instead utilizes other portions of County roads, Lafarge shall cooperate with County in maintenance of said roads, The type and method of repair will be determined by the County Engineer or his representative, and shall require a written amendment to this Agreement executed by County and Lafarge. All repairs shall commence within thirty (30) days of receipt of Weld County's written notice. 2.0 Annual Road Inspection: County will conduct a road inspection annually with the cooperation of Lafarge and all other Property Owners and/or Lessees who are required by County to participate in road improvement/maintenance agreements. As a result of the annual inspection, County, in its sole discretion, shall determine actual conditions and shall further determine what road improvement/maintenance work is to be performed during that construction season. 3.0 Future Road Replacement: At any time in the future, if, in the opinion of County, road damage increases beyond the point that repair of damage cannot maintain the road in a safe and usable condition, Lafarge shall pay a proportionate cost of a complete restoration based on the number of Truck Trip ESAL Counts using then current data of truck trips on the haul route. Lafarge shall participate in the restoration of the road, in consultation with Public Works. 4.0 Sharing of Road Maintenance Responsibilities with Other Property Owners and/or Lessees: It is anticipated that Lafarge and other Property Owners and/or Lessees subject to agreements similar to this Agreement will perform the required mad maintenance work and M:\PLANNING—DEVELOPMENT REVIEW\USR-Use by Special Reviec\USR-1657 Parsons Mine\hnprovements Agreement\Lafarge- Parsons Pit USR-1657 L4 Final(8-11-I I).docx Page 5 of l6 111111 11111 1111111 1111111111111111111111111111111111111 IIII IIII 3806466 11/17/2011 04:41P Weld County, CO 7 of 27 R 0.00 D 0.00 Steve Moreno Clerk & Recorder will share in the equipment, labor, and materials required. Any such sharing arrangement between Lafarge, and other Property Owners and/or Lessees shall be conducted pursuant to separate agreements between Lafarge and other Property Owners and/or Lessees. County shall approve the Agreements only to determine whether the required improvements/maintenance projects have been adequately addressed. County alone shall determine the sufficiency of all road improvement/maintenance projects when completed. 5.0 Violation of Terms of Agreement: If Lafarge does not perform as outlined in this Agreement and Exhibits A and B such non-performance will constitute a violation of Lafarge's land use permits granted by County, and County will take whatever remedial measures it deems necessary, against Lafarge. In addition to any other remedy available to the County in law or equity, a failure to comply with this Agreement shall be considered grounds for revocation of USR-1657 as it now exists or may, from time to time, be amended is a remedy which County may impose. D. On-Site Improvements: 1.0 Landscaping and Fencing Requirements: Lafarge shall landscape and/or maintain the landscaping and re-seeding of the property where applicable as shown on the accepted Construction Plans and USR-1657 Plat Map. Specifically, Lafarge shall at its own expense, plant, install and/or maintain all trees, grass and shrubs and other landscaping and re-seeding where applicable as shown on the accepted Construction Plans and USR-1657 Plat Map. Additionally, Lafarge shall install and maintain fencing to screen the property where applicable as indicated on the accepted Construction Plans and USR-1657 Plat Map. In the event any of these improvements may include work extending into State or County Right-Of-Way in which case a Right-Of-Way or access permit is required. 2.0 On-Site Grading, Drainage Facilities and Paving: Lafarge shall, at its own expense, grade and/or pave, if applicable, specified roadways, accesses, easements and parking areas, and install accepted drainage and signage components, adjacent to or within the interior portion of the property in accordance with the directives of the Weld County Department of Public Works and Department of Planning Services, as further described in the accepted Construction Plans and USR-1657 Plat Map. The main entrance improvements shall include; asphalt paving a minimum of(300 x 30) feet into the site from County Road 64.5, to minimize the tracking of mud and debris onto WCR 64.5 and to ensure a complete revolution of the truck tires to minimize the tracking of mud and debris onto WCR 64.5. Any other on-site improvements shall be completed as indicated on the accepted Construction Plans for this facility. Lafarge shall be responsible for all maintenance of the onsite improvements. Refer to Section A., paragraph 1.0 of this agreement for specific paving requirements extending into the facility site from WCR 64.5. Additional infrastructure improvements will be addressed at the time of application for any future amended USR. Some of these improvements may include work extending into State or County Right-Of-Way in which case a Right-Of-Way or access permit is required. 3.0 Timing of Improvements: Lafarge shall not be required to initiate the landscaping requirements until the occurrence of the triggering event for all improvements, namely the approval of the grading permit. No grading permit will be released until collateral is posted for the associated improvements and the Construction Plans have been submitted to and accepted by M:\PLANNING—DEVELOPMENT RE'IEW\USR-Use by.Special Review\USR-1657 Parsons Mine\Improvements Agreement\Lafarge- Parsons Pit USR-1657 IA Final(8-11-I I).docx Page 6 of 18 1 111111 11111 1111111 III 11111 111111111111 111 11111 1111 IIII 3806466 11/17/2011 04:41P Weld County, CO 8 of 27 R 0.00 D 0.00 Steve Moreno Clerk& Recorder the Department of Public Works. Access and/or Right-Of-Way permits might also be required prior to approval of the grading permit. Grading shall not commence until construction plans are accepted. Any alterations to the accepted Construction Plans must be pre-approved in writing by the Planning and Public Works Departments. At that time, and unless otherwise amended, Lafarge agrees that all landscaping and other on-site improvements, as indicated in Section D. 2.0 above shall be completed within the parameters established in Section E. 7.2 and Exhibit B. 4.0 Acceptance of On-Site Improvements: Upon completion of the on-site improvements, Lafarge shall contact the Weld County Department of Planning Services and the Weld County Depaituient of Public Works and request an inspection of the on-site improvements described in Paragraph D.1.0 and D.2.0 above. The County's representatives may then initiate the acceptance process set forth in Section E.6.0, Paragraphs 6.1-6.3. E. General Requirements: 1.0 Engineering Services: Lafarge shall furnish, at its own expense, all engineering sen-ices in connection with the design and construction of the improvements identified on the accepted Construction Plans according to the construction schedule set forth in Exhibit "B," both of which are attached hereto and incorporated herein by reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1.3 Lafarge shall furnish construction drawings for the road improvements on public rights-of-way, if applicable, or easements and all improvements interior on the Property for approval prior to the letting of any construction contract. 2.0 Rights-of-way and Easements: Before commencing the construction of any improvements herein agreed upon for public rights-of-way or easements, Lafarge shall acquire, at the sole expense of Lafarge, good and sufficient rights-of-way and easements on all lands and facilities traversed by the proposed improvements. All such rights-of-way and easements used for the construction of roads to be accepted by the County shall he conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Lafarge shall furnish and install, at its own expense, the improvements identified on the accepted Construction Plans and USR-1657 plat map, be solely responsible for the costs listed on Exhibit "A", and described in parts A and D of this agreement. which are attached hereto andlor incorporated herein by reference, with the improvements interior to the Property being completed by the dates set forth on Exhibit "B" (On-site), and improvements to public rights-of-way or easements being completed also in accordance with the schedule set forth in Exhibit "B" (Off-site). The Board of County Commissioners, at its option, M:\PLANNP G—DEVELOPMENT REVIEW\L'SR-Use by Snecial Review\L'SR-1657 Parsons Mine\Improvements Agreemenl\Lafarge- trsons Pit USR-1657 IA Final(8-11-1 I1.Ancx Page 7 of 18 1111111 11111 1111111 III 11111 11111 1111111 III 11111 1111 IIII 3806466 11/17/2011 04:41P Weld County, CO 9 of 27 R 0.00 0 0.00 Steve Moreno Clerk& Recorder may grant an extension of the time of completion set forth in Exhibit B stated herein upon application by the Lafarge. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County. 3.2 Lafarge shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction; and shall furnish copies of test results to the County. If County discovers inconsistencies in the testing results, Lafarge shall employ at its expense a third party qualified testing company approved by County. Such third party shall furnish the certified results of all such testing to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect, or to require testing and inspection of material and work, at Lafarge's expense. Any material or work not conforming to the approved plans and specifications, including but not limited to damages to property adjacent to the construction plan area shall be repaired, removed or replaced to the satisfaction of the County at the expense of Lafarge. 4.0 Release of Liability: Property Owners and Lafarge shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the applicable laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Warranty of On-Site and Off-Site Improvements: Lafarge shall warranty all improvements to public rights-of-way, (if any), and all privately created and maintained roads or rights-of-way, or easements, and all on-site improvements for a period of two (2) years. The warranty period shall begin only after the County's execution of a written acceptance of the improvement(s). 6.0 Acceptance of Improvements by the County: Upon compliance with the following procedures by the Applicant, the improvements shall be deemed accepted by the County. 6.1 If requested by Lafarge and accepted by the County, portions of the improvements may be placed in service when completed according to the M:V'LANNING-DEVELOPMENT RF VIEW\USR-Use by Special Review\USR-1657 Parsons Mine\hnprovements Agreement\Lafarge- Parsons Pit USR-1657 IA Final(8-1 I-1 I).docx Page S of IB 1 111111 11111 1111111 III 11111 111111111111 III 111111 III IIII 3806466 11/17/2011 04:41P Weld County, CO 10 of 27 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • schedule shown on Exhibit "B." but such use and operation shall not, alone, constitute an acceptance of said portions of the improvements. 6.2 County may, at its option, issue building permits for construction for which the improvements detailed herein have been started but not completed according to the schedule shown on Exhibit "B," and may continue to issue building pennits so long as the progress of work on the USR improvements in that phase of the USR is satisfactory to the County, and all terms of this Agreement have been faithfully kept by Applicant. 6.3a Upon completion of the construction of any required off-site improvements, and the filing of a Statement of Substantial Compliance by Lafarge's engineer, Lafarge may, as set forth in Paragraph A.9.0, request in writing that the County inspect the improvements and recommend to the Board of County Commissioners that the improvements be accepted and further that the two-year warranty period begin. . Upon completion of the two-year warranty period, the County Engineer shall, upon request by the applicant, inspect the subject improvements, and notify Lafarge of any deficiencies. If any deficiencies are discovered, Lafarge shall correct the deficiencies. The County Engineer shall reinspect the improvements after notification from Lafarge that said deficiencies have been corrected. If the County Engineer finds that the improvements are constructed according to County standards, he or she shall recommend full acceptance. Upon a receipt of a positive unqualified written recommendation from the County Engineer for acceptance of improvements within the USR, the Board of County Commissioners shall fully accept said improvements. 6.3b Upon completion of the construction of the required on-site improvements, and the filing of a Statement of Substantial Compliance, when necessary, by Lafarge's engineer, Lafarge may, as set forth in Paragraph D.4.0, request in writing that the County inspect the improvements and recommend to the Board of County Commissioners that the improvements be accepted and further that the two-year warranty period begin. Upon completion of the two-year warranty period, the County Engineer and/or the Weld County Department of Planning Services shall, upon request of Lafarge, inspect the subject improvements, and notify Lafarge of any deficiencies. If any deficiencies are discovered, Lafarge shall correct the deficiencies. The County Engineer and for the Department of Planning Services shall re-inspect the improvements after notification from Lafarge that said deficiencies have been corrected. If the County Engineer and/or Department of Planning Services find that the improvements are constructed according to County standards, he or she shall recommend full acceptance. Upon a receipt of a positive unqualified written recommendation from the County Engineer and/or the Department of Planning Services for acceptance of improvements within the USR, the Board of County Commissioners shall fully accept said improvements. 7.0 General Requirements for Collateral: M:PLANNING—DEVELOPMENT RE\'IEWIUSR-Use by Special Review\USR-1657 Parsons MineVmpovements Agreement\Lafarge- Parsons Pit USR-1657 IA Final(F-I IT I).docx Page 9 of 18 1 111111 11111 1111111 III 11111 11111 1111111 III 111111 III IIII 3806466 11/17/2011 04:41P Weld County, CO 11 of 27 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 7.1 County requires Lafarge to provide collateral to guaranty all of Lafarge's obligations under this Agreement: (I) Project Collateral for completion of all improvement described in this Agreement shall be provided separately for on-site improvements and off-site improvements; (2) Warranty Collateral required for all improvements during the warranty phase; and (3) Road Maintenance Collateral to be kept in place for the life of the permit. 7.2 Project Collateral submitted to Weld County to guarantee completion of the improvements identified on the accepted Construction Plans and USR- 1657 Plat Map and further enumerated in the costs listed in Exhibit "A", must be equivalent to One-Hundred percent (100%) of the value of the improvements as shown in this Agreement. Collateral for Off-Site improvements that extend partially off-site as mentioned in Section A.1.0 (if any) or D.2.0 of this Agreement that include only improvements involving turning radii and approaches can be included as part of the On- Site collateral amount, if clearly delineated on accepted Construction Plans and differentiated as "Entrance Improvements" on Exhibit "A" On- Site Improvements of this Agreement. This collateral must be submitted to County upon the submission of Lafarge's application of a grading, building, and/or right-of way permit, and shall be held in total by County as provided in Paragraph E. 7.3 below until all improvements have been completed. 7.3 Warranty collateral for all on-site and off-site improvements shall be submitted to County and shall be held in total by the County for two (2) years following its written acceptance of the improvement(s). 7.4 In the event Lafarge fails to adequately complete and/or repair improvements associated with this Improvements Agreement, County will access, in its sole discretion, Project or Warranty Collateral to the extent necessary to complete said improvements or repairs in order to preserve public interest. 7.5 Road Maintenance Collateral shall be submitted to County upon the release of the warranty collateral by the Board of County Commissioners. Road Maintenance Collateral is held for use on roads associated with the designated haul route. The amount of the collateral required for road maintenance shall be established by the Weld County Department of Public Works based upon its determination of the anticipated expenses, and its determination of the amount shall be final. Road Maintenance Collateral shall be held by County as long as this Agreement is in effect and returned to Lafarge upon vacation of associated land use agreement or permit. The Road Maintenance Collateral will only be accessed by the County, if upon notification to Lafarge of required roadway repairs; Lafarge fails to perform said repairs. If any of this collateral shall be M:\PLANTING- DEVELOPMENT REVEW\USR-Use by Special Review\USR-1657 Parsons Mine\mprovements Agreemeni\afarge- Parsons Pit USR-1657 1A Final(8-11-11).docx Page 10 of 18 1 111111 11111 Ilillll 11l Iilll VIII 1111111 III 'hill Mill 3806466 11/17/2011 04:41P Weld County, CO 12 of 27 R 0.00 D 0.00 Steve Moreno Clerk& Recorder collected by County, Lafarge shall replace the amount, plus interest, within six (6) months. 7.5.1 Road Maintenance Collateral Option (For Materials Haulers): In lieu of cash collateral, with its obligated yearly inflationary cost adjustments, Lafarge may submit funds quarterly to Weld County, at a rate of ten (10) cents per ton, based on the amount of processed material leaving the site. These funds will be escrowed by the County and utilized for roadway repairs specific to the USR's designated haul route. The first payment of funds will be due three months after the initial sale of materials from the USR site. Subsequent quarterly payments will be deposited in the associated escrow account until the USR permit is terminated. Utilization of this collateral option will negate any further obligations of Lafarge and/or Applicant to participate in any future maintenance and/or improvements projects for the associated Haul Route. Upon vacation of the USR for this facility and following determination by Public Works staff that no immediate repairs are required for the Haul Route, any remaining funds in the escrow account will be returned to the USR Permitee. 7.6 Road Maintenance Collateral shall be adjusted annually, during the month of January, for inflation. The first adjustment shall be made no less than twelve months after, and in no event later than twenty-four months from the execution of this Agreement. The adjustment shall be equal to the inflation rate based on the "Colorado Construction Cost Index Report" as published by the Colorado Department of Transportation. 7.7 Acceptable Project Collateral shall be submitted when Lafarge submits an application for the Grading Permit, Building Permit, or Right-of-Way Access Permit prior to commencement of Site Preparation, as herein defined. 7.7.1 No grading or building permits shall be issued for any site related activities, on the property and no Site Preparation shall commence until cost estimates for all improvements are updated and collateral is provided in the amount of One-Hundred percent (100%) of the then current value of the improvements to be completed, and the development plans are revised to comply with all current County standards, policies and regulations. The improvements shall he completed within the time schedule set forth in Exhibit `B", which is attached hereto and made a part of this Agreement. "Site Preparation" shall mean earthwork grading or performance of work, or construction or installation of improvements related to Applicant's operations pursuant to USR-1657 that require a grading or building permit from the County pursuant to the Weld County Code. In the event that the Improvements outlined in this Agreement and Exhibit A are not completed within one year of the M:\PL.ANNING—DEVELOPMENT REVIEW USR-Use by Special Review\USR-1657 Parsons Mine\Improvements Agreement\Lafarge- Parsons Pit USR-1657 LA Final(8-11-1 I).docx Page 11 of 18 11111111111111111111E H11111111111111111111111111111 III I11I 3806466 11/17/2011 04:41 el 13 of 27 R 0.00 0 0.00 Steve Moreno Clerk& Recorder execution of this Agreement Weld County may require Lafarge to obtain current cost figures for one or more of the Improvements. 7.8 Collateral may be in the form of an in-evocable letter of credit (LOC) in an amount equivalent to one-hundred percent (100%) of the total value of the improvements set forth in the Improvements Agreement and the Plat; the LOC shall be subject to the requirements of Weld County Code Section 2- 3-30 B. Lafarge shall utilize only a County approved form when obtaining a LOC: (IRREVOCABLE STANDBY LETTER OF CREDIT FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of said form shall be provided to Applicant upon request. 7.9 Collateral may be in the form of a surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth in the Improvements Agreement and the Plat. The surety bond shall conform to and be subject to the requirements of Weld County Code Section 2-3-30 B.4 Lafarge shall utilize only a County approved form when obtaining a surety bond: (PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of said form shall be provided to Applicant upon request. 7.10 Collateral may be in the form of a cash deposit made with the Board in an amount equivalent to One-Hundred Percent (100%) of the value of the improvements set forth in the Improvements Agreement. In the event the applicant is required to warranty the improvements, the applicant shall replace the original deposit with a deposit in the amount of fifteen percent (15%) of the original amount and those funds shall remain available to the County until released by the County at the end of the warranty period. 7.11 The Board of County Commissioners reserves the right to reject collateral which is deemed inappropriate or insufficient, which may be either as collateral in the form of a letter of credit offered by a banking institution which does not have at least a "three star" rating given by Bauer Financial, or as collateral in the form of a performance bond offered by an insurance company which does not have at least a B+ rating given by A.M. Best. The Board further reserves the right to require Lafarge to obtain replacement collateral if the rating of the financial institution providing said collateral drops below the levels stated above. Replacement collateral shall be submitted by Lafarge within sixty (60) days of the Board's notice to Lafarge that the rating has fallen and that the collateral must be replaced. Lafarge may not terminate existing collateral until replacement of collateral has been secured. 8.0 Request for Release of Collateral: Collateral shall be released in accordance with the provisions of Weld County Code Section 2-3-30.C. Prior to release of collateral for the entire project or for a portion of the project by Weld County, Lafarge must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado. The Statement of M:,PLANNING—DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1657 Parsons Mine\Improvements Agreemenl\Lafarge- Parsons Pit USR-1657 IA Final(S-I 1-I 11.docx Page 12 of 18 IlliJi 11111 1111111 III 11111 IiJiI 1Jul11 Ill 111111 III Jill 3806466 11/17/2011 04:41P Weld County, CO 14 of 27 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Substantial Compliance shall state that the project or a portion of the project has been completed in substantial compliance with accepted plans and specifications documenting the following: 8.1 Lafarge's Engineer or his representative has made regular on-site inspections during the course of construction and the Construction Plans utilized are the same as those accepted by Weld County. 8.2 For the improvements to public rights-of-way or easements, test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 8.3 "As-built" plans shall be submitted at the time the letter requesting release of collateral is submitted. Lafarge's Engineer shall certify that the project "as-built" is in substantial compliance with the plans and specifications as accepted, or that any material deviations have received prior written acceptance from the County Engineer. 8.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 8.5 A letter must be submitted from the appropriate Fire Authority, if applicable, indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. 8.6 The requirements in the paragraphs 8.0 through 8.5 shall be noted in the fmal Construction Plans. 8.7 Following the submittal of the Statement of Substantial Compliance and written recommendation of acceptance of the improvements by the Weld County Department of Planning Services and the Weld County Department of Public Works, Lafarge may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 8.8 For all off-site and on-site improvements (including improvements to public rights-of-way or easements), the request for release of "Project Collateral" shall be accompanied by "Warranty Collateral" in the amount of fifteen percent(15%) of the value of the improvements as shown in this Agreement. However, collateral for improvements fully accepted for maintenance by a responsible governmental entity, special district or utility company will be fully refunded to Lafarge. 8.9 Following the written request for release of the "Warranty Collateral", the Weld County Department of Planning Services and the Weld County Department of Public Works County shall inspect the on-site M:\1'LANNING—DEVELOPMENT RF,VIEW\USR-Use by Special Review\USR-1657 Parsons Mine rnprovements Agreement Lafarge- Parsons Pit USR-1657 IA Final(8-11-I 1).dots Page 13 of 18 1 111111 11111 1111111 III 11111 VIII 1111111 III 111111 III 101 3806466 11/17/2011 04:41P Weld County, CO 15 of 27 R 0.00 D 0.00 Steve Moreno Clerk& Recorder improvements. If the improvements require mitigation or further repairs are required, said work must be completed prior to the conclusion of the Warranty period. The "Warranty Collateral" shall be released to Lafarge following the expiration of the warranty period upon final written acceptance by the Board of County Commissioners. 8.10 "Road Maintenance Collateral" (If Applicable) for roads associated with the designated haul route shall be maintained as long as the USR is active. It shall be adjusted annually by the inflation rate based on the "Colorado Construction Cost Index Report" as published by the Colorado Department of Transportation. Road Maintenance Collateral shall be adjusted annually, during the month of January, for inflation. The First adjustment shall be made no less than twelve months after,and in no event later than twenty-four months from the execution of this Agreement. 9.0 Successors and Assigns: This Agreement may not be delegated, transferred or assigned in whole or in part by Lafarge without the express written consent of County and the written agreement of the party to whom the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably withheld by County. In the event of sale of the Property, County may agree to release Lafarge in whole or in part from obligations under this Agreement. County's rights and obligations under this Agreement shall automatically be delegated, transferred or assigned to any municipality which, by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility over the roads affected by this Agreement. Upon execution of annexation by another municipality, Lafarge shall maintain any existing improvements at current County standards and not be required to upgrade or change said improvements to meet the annexing municipalities' standards. All of the terms and conditions set forth in this Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of Lafarge, and upon recording by the County, shall be deemed a covenant running with the land herein described. 10.0 County Engineer: All references in this Agreement to "County Engineer" shall refer to the any individual or individuals appointed by the County Engineer to act on his/her behalf. 11.0 Violation of Terms of Agreement: If in County's opinion, Lafarge has violated any of the terms of this Agreement, County shall notify Lafarge of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which County believes constitute the violation. Lafarge shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that there has been a violation of the terms of this Agreement, County shall initiate proceedings to revoke the permit which is the subject matter of this Agreement. Violations of the teens of this Agreement include violations of the agreements contemplated by Paragraphs C. 4.0 &C. 5.0 of this Agreement, and a failure to enter into such Agreements in a timely manner. F. Termination of Agreement: 1.0 Termination Event: This Agreement shall tenninate upon the earliest of the following events: MAPL.ANNING-DEVELOPMENT REVIENAUSR-Use by Special Review\USR-1657 Parsons Mine Improvements.AgreemenlUafarge- Parsons Pit USR-1657 IA Final(6-I 1-I I).doer Page 14 of 18 I IIIIII VIII IIIIIII III Ilill VIII IIIIIII III IIIIII III IIII 3806466 11/17/2011 04:41P Weld County CO 16 of 27 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 1.1 Cessation of all Permit Related Activities: Termination of this Agreement shall occur upon Lafarge's complete cessation of all activities permitted under USR-1657 or any amendments thereto. A partial cessation of activities shall not constitute a Termination of this Agreement, nor shall County's issuance of a partial release constitute a Termination. Lafarge shall provide written notice to Property Owners and County of said cessation of activity, which County shall then verify. If written notice is not provided to County, Termination of this Agreement hall not occur until County has determined that the Use by Special Review is inactive, which shall be three (3) years following County's observance of the cessation of activities, as provided in Sec. 23-2-200.E of the Weld County Code. 1.2 Execution of Replacement "Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1657 by New Property Owner: This Agreement shall terminate following County's execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1657 with a new Property Owner who has purchased the Property, and intends to make use of the rights and privileges available to it through the then existing USR. 1.3 Execution of Replacement "Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1657 by New Property Owner: This Agreement shall terminate following County's execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1657 with a new Property Owner who has assumed the operation of the business on the Property which business activities are permitted by the then existing USR. 2.0 Termination Procedures: 2.1 Termination Procedures Following Cessation of Permit Related Activities: Following the events outlined in paragraph 1.1 above, County shall conduct its annual road inspection. Said road inspection shall be conducted on or before May 31 following the announcement or determination of the cessation of permit related activities on the Property. The results of the inspection shall be delivered in writing to the Property Owners and Lafarge. If the County determines that pursuant to the terms of this Agreement, Lafarge must complete any of the improvements and/or road maintenance obligations outlined herein, said obligations must be completed within a reasonable period of time thereafter, but in no event later than six (6) months following the determination that permit related activities have ceased. Collateral shall not be released by County until such time as county determines that all of the improvements have been completed. 2.2 Termination Procedures Pursuant to Transfer of Ownership of the Property or Transfer of Operations: If the Property Owners or Lafarge desire to assign its rights and obligations under this Agreement to a successor Operator or Property Owner, the Property Owners or Lafarge shall, prior to the transfer, provide County with a written Notice to Transfer, stating the date of transfer, and identifying the party to whom the transfer shall be made. Following receipt of the Notice to Transfer, County shall inspect the improvements required under the terms of this Agreement to determine whether the M:IPLANNING—DEVEL.OPMENT REVIEW\USR-Use by Special Review\USR-1657 Parsons Mine'.Improvements AgreementLafarge- Parsons Pit USR-1657 IA Final(8-1 I-1 I).docx Page 15 of 18 I111111VIII1111111IIIVIIIIIIV HIE III 111111IIIIIII 3806466 11/17/2011 04:41P Weld County, CO 17 of 27 R 0.00 D 0.00 Steve Moreno Clerk& Recorder improvements have been completed. If the improvements have not been completed, Lafarge and/or Property Owners shall either complete the improvements or post collateral equal to the cost of the completion of the improvements, if such collateral is not in place. If collateral is available at the time, County shall hold a hearing to determine whether the collateral should be called upon to pay County or a contractor of the County to complete the improvements. County shall also inspect the road(s) which are covered by this Agreement to assess the current condition of the road(s) and determine whether Property Owners and/or Lafarge would be required to perform road maintenance within the following twelve months had the Agreement not been assigned. If road maintenance is, in the opinion of County, required, Property Owners and/or Lafarge shall be required to either perform the road maintenance or to post collateral equal to the cost of said maintenance. County shall not execute a new Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1657 with a successor Property Owner and/or Operator prior to the performance of the road maintenance or the posting of collateral for said maintenance, unless the new Property Owner and/or Operator posts collateral for the required maintenance. 3.0 Consequence of Termination by Cessation of Permit Related Activities: Following County's confirmation that Property Owners and/or Lafarge has/have ceased all permit related activities and has/have completed previously uncompleted improvements and or completed any required road maintenance, County shall release Property Owners and/or Lafarge from all further obligations under this Agreement. No Further permit related activities shall be permitted unless and until approved by County following execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1657 with a Property Owner and/or Operator. 4.0 Consequence of Termination by Execution of Replacement Improvements Agreement: Following County's execution of an Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1 657 with a successor Property Owner and/or Operator, the predecessor Property Owners and/or Lafarge shall have no further rights and/or obligations under this Agreement or in USR-1657. 5.0 Consequence of Termination Pursuant to Paragraph E.11.0: In the event that activities related to USR-1657 cease as a result of the revocation of the permit as described in Paragraph E.11.0 of this Agreement, neither Property Owners nor Lafarge will be released from any of the obligations imposed by the terms of this Agreement only after Lafarge's successful completion of all improvements required under this Agreement or after County accesses the collateral to the extent necessary to complete improvements County, in its sole discretion, deems necessary to preserve public interests.. G. Governmental Immunity: No term or condition of this agreement shall be construed or interpreted as a waiver, express or implied, of any of the inununities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. H. Enforcement: lf, in the County's opinion, Lafarge has violated any of the terms of this Agreement, County shall notify Lafarge of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which the County believes constitute M:WL.ANNING—DEVELOPMENT REVIEW\USR-Use by Special Review\USR-]657 Parsons Mine\lnprovements Agreement\Lafarge- Parsons Pit USR-165 7 lA Final(S-1 I-1 I1.docx Page 16 of 18 1 111111 11111 1111111 III 11111 11111 HIED 111111 III IIII 3806466 11/17/2011 04:41P Weld County, CO 18 of 27 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • violation. Lafarge shall have thirty (301, days within which to either cure the violation or demonstrate compliance. If, after thirty 30) days have elapsed, County believes in good faith that a violation of the tcZs and conditions :f this Agreement still exists (despite curet, County may enforce by any legal 'means, including`. but - '- not limited to, 1 for � L1-, ` - legal action �.l li.3.':C monetary relief filed in the Weld Distinct Court, execution upon submitted collateral (if applicable), and or admiaistrativ'e action of the County to suspend or revoke the underlying laud use permit or approval pursuant to the procedural provisions of Section 2-440 of the Weld County Code. Violations of the Le:n.s and conditions of this Agreement include, but are not limited to: violations of the agreements Lafarge must enter into as required by this Agreement. andor failure to enter into such agreements in a timely manner. I. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating- to such enforcement, shall he strictly reserved to the undersigned parties, and nothing contained in this Agreement shall _give or allow any claim or right of action whatsoever by any other person or entity not included in this Agreement. It is the express intention of the undersigned panics that any person or entity, other than the undersigned parties. receiving services or benefits under this Agreement shall be an incidental beneficiary only. S. Authority to Sign: Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and waft-ants to the other that the execution and delivery of the Agreement and the perfoin.ance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such parry and enforceable in accordance with its terms. If requested by the Count,-. Propene:: Owners andor Lafarge shall provide the County with proof of Property Owner's and or Lafarge's authority to enter into tins Agreement within live (5) days oI receiving such request. I UN HU MEI!l 4 It IIII dB III 1011III II ll Weld Couty, CO 3806466 0.00 01D 0 004 Steve Moreno nClerk& Recorder M:F.. CNIN ii-DEVEL?P5:5Nt RE\'l '.y.L1SR ae b+Spezia:F.e'v e"kL'SR-'.c}-Parsons Mine dmprovemen,.' ee:ncni.:alarpt- Po:sons Pi:USF-iis 7 LA Final;S-'.;-:1 r e 18 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. PROPERTY OWNER A (LivingsteiglrEivestock f Weld C Signature Printe Name �1rn�n�s C. / iv in?si o ccoMa-fria 2 PR)O1r OWNER B Le_iy i Gox..4 -7 Sally Parsons PROPERTY OWNER and LESSEE Lafarge North America, Inc.): SIGNATURE ic ^^ / PRINTED NAME �fe iT �jdicome„) TITLE (If Other Than Property Owner)biarcra,e. do LArL Ak STATE OF COLORADO ) GLEN DROEGEMUELLER Notary Public ss. State of Colorado County of Weld ) My Commission Expires 03/01/2012 ' I The foregoing instrument was acknowledged before me this&24tlday of SQ �-t- 2011, by Sa((ti A • ?a�Svas V My commission Expires: O3 — 01-24 1Z-- BOARD OF COUNTY COMMISSIONERS WEJ1D COUNTY, COLRADO �� .r / ' ATTEST: s tt /- 1-Bafbara Kirkmeyer , hair L.0Y 07 2011 Weld County Clerk to the BY: /�/' /_ �`�� ►, 1 ' Deputy Cle •!moo the Boer APPROVED AS TO FORM: 'County Attorney M:APLANNING—DEVELOPMENTREVIEWVUSR-Use by Special ReviewVUSR-1657 Parsons Mine AImprovements AgreementV Lafarge- Parsons Pit USR-1657 IA Final (9-22-i i)docx Page 18 of 18 !! I'3!1 ! J" III IIIII 11111III 1111111 II1111 04:41P Weld County, CO 20 of 27 R 0.00 D 0.00 Steve Moreno Clerk& Recorder STATE OF CeilD/`ut ) )ss. County of Weld /ae/Me& The foregoing instrument was acknowledged before me this29day of Sepfe i(Deg 2011, by Thomas C. /iU/n bfv-) , as manager of Livingston Leigh Livestock of Weld County, LLC. / /,L/—LOi5G2- PiCP l My commission Expires: /Z—Z/—ZOO ITNERESAFRENCN NOTARY PUBLIC STATE OF COLORADO 1 111111 11111 1111111 III 11111 11111 1111111 III 1111111 111111 3806466 11/17/2011 04:41P Weld County, CO 21 of 27 R 0.00 0 0.00 Steve Moreno Clerk& Recorder STATE OF COLORADO ) ' �� ) ss. COUNTY OF--T, �1 ) The foregoing instrument was acknowledged before me this// day of Septh— , 2011, by Pur11 i. 1332['4)1/ ar 'c C1 L J/%,dyf My commission expires: if 3(.1 a e( ioreUt. J tit"i,, �,vvvv;P ST EP�i��o era` •' ::4,. O 1AR V `•. PUB��C' a. •I p O0'"ission EKP0'°5 I 111111111111111111 III 1111I 11111 III III 1111111 III III 3806466 11/17/2011 04:41P Weld County, CO 22 of 27 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Exhibit A: Cost Estimate I 111111111111111111 III 11111111111111111 III 111111 II 1111 3806466 11/17/2011 04:41P Weld County, CO 23 of 27 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ON-SITE GRADING,DRAINAGE/EROSION CONTROL,AND PAVING COST ESTIMATE for PHASE 1A of the Parsons Mine,Weld County,CO 8/19/2011 ITEM/LOT BASIS QUANTITY UNIT UNIT PRICE TOTAL COST GRADING& MISC. Mobilization 1 LS $25,000.00 $25,000 Surveying 1 LS $4,500.00 $4,500 Mass Excavation Earthwork(Cut&Fill) 20,000 CY $4.00 $80,000 Fine Grading 100,000 SF $0.25 $25,000 Total Grading Improvements $134,500 DRAINAGE& EROSION CONTROL Check Dam 6 EA $1,500.00 $9,000 Silt Fence 240 LF $2.00 $480 Vehicle Tracking Control Pad 1 EA $1,500.00 $1,500 Concrete Washout Area 1 EA $1,500.00 $1,500 Riprap(w/bedding&filter fabric) 30 CY $60.00 $1,800 8"CMP 20 LF $25.00 $500 15'RCP(Class IV) 500 LF $50.00 $25,000 15"RCP Flared End Sections 10 EA $500.00 $5,000 Centrifugal Pump for Dewatering(-50 hp) 1 EA $50,000.00 $50,000 Seeding 4 AC $2,500.00 $10,000 Total Drainage&Erosion Control Improvements $104,780 PAVING(COMPOSITE SECTION) 8"Asphalt-Entrance,Roadway,Parking Lot 4,975 TN $65.00 $323,375 6"Road Base-Entrance,Roadway, Parking Lot 1,850 CY $35.00 $64,750 4"Concrete-Sidewalk - 260 SY $50.00 $13,000 Total Paving Improvements $388,125 Phase 1A Subtotal $627,405 Contingency(20%) $125,481 TOTAL PHASE IA $752,886 Assumptions 1.) Onsite costs only for Site Grading/Drainage/Erosion Control and Paving of Phase 1 A per Section D,2.0 of the Improvement Agreement. 2.) Centrifugal Dewatering Pump assumed to be run on diesel. Inflow of-4,500 GPM,30'head,and 80%Efficiency. 3.) No payment design completed.Assumed Composite Section-8"depth of asphalt,6"depth of Class VI Road Base(-99,500 SF) 3.) No Clearing&Grubbing or Topsoil Stockpile included since site is built on top of gravel. 1 11111 1111 1111111 III 11111 VIII 111111 III 1111111 11 1111 3806466 11/17/2011 04:41P Weld County, CO 24 of 27 R 0.00 D 0.00 Steve Moreno Clerk& Recorder R\4137 029\DELIVERABLES\ON-SITE COST ESTIMATES 8-16-11\Parsons-Mine Onsite Cost Estimate_19AUG2011.xls Exhibit 8: Construction Time Frame Estimate Construction commencement shall start approximately 6 months prior to operations. 1111111111111111111 III 11111111111111111 III 1111111111111 3806466 11/17/2011 04:41P Weld County, CO 25 of 27 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Exhibit C: Recorded USR-1657 Plat 111111IIIII1111111 III IIIII111111111111 III 1111111IIIIII 3806466 11/17/2011 04.41P Weld County, CO 26 of 27 R 0.00 0 0.00 Steve Moreno Clerk& Recorder Exhibit D: Conceptual Construction Plans Parsons Mine, USR-1657 .�,.�.,u.m10110.01PM ��.ww,n o=r EaM�. ��.� -,Ma,.,�u.u_a,�,a ,..o�r.,..>..� �,w_,E.s��. R MATCHLINE#1-SEE ABOVE lilt l z If, II I 2I n 11 E Egli I ', n I 4°1 II 1 A y 1 I 2 i li li t k 3< 11 D 1 1 4 \. 'I N —r ---rt r Rqj R III I Pw1'r Z kr m xA grj li �rIII l'" Ilif' __ -+II .x ?4I 9 82'4 PO 11 II `.p v 1 I 1 O 1 I 11 g 1 I` i d N o la 2. ' F� a 4H I d "k., O . I I! i y4F4 III P..44"4... 2'4.2" 2"2 m ICI II .l_1 m: ≥0 23 2 li I 1 I1... p .Yp 1 ;. I i Z i I M 1 1 1,� WCR 25 �II I w f r _ 7� ) IY f\ 11 a 1 _ 114 £ 11 Ill: r I 1qt < H I I1I i i �" s+.r a11 � E i sI1. 1 �� rti * 44044& .4 z i Fh k11 sI6.i h 4 , II 4 Tr I� 1 �� :1 �II II i f \ I I II T. I k II 1 1111 l 143}A. % II -1 I �i 11 .0 f ), X`� ` I!, I �; {, 111 Z 1 -I " s I III I � - sd- 1 I I 1 p li1 1 r O I I l 5 5 yy I I 44 1 yy�sat ', -1w W R il 11 11 fi r I I I I II91 kb.'y. 4 m-' I �I J ��" m ICI I a' I . n 4! I VI I 1 199 w o li .I 1111 11 9, 1 42 � Q III II, 1Pi t�a L '� ` S4e» l II I-I I II 1 I I Z ti II it ) ` 41 2 I D II 1 II. i GI ii' Oy 41 iii ai _ — S VII I 1 G 22 II I 1 y1 1 am EWE Y��`I nigN I .0 1^'E . II 1111 1 1 m II 2 4 1 I I 1 i 111 ( I It 1 III 1 f 1I I 4 11 It I G I It I ' It 1 III As 11 I, � 1 1 u III1 Sol 94 I 1'1Y N l II! 1 i1 I a Zb0". MATCHLINE#1-SEE BELOW o a ue,.vwawwr.Nc part IEsaaoncN frt Y�ewm mwa.roits 9 r.>r 1 F pARZONs FAME F GURAl ;® w,r a,.�,,.�r .. °»'4 °A, Q TETRA TECH } x .t LANE CONFIGUPPTION 10 weµouaYT strimin ai't CONCEPTUAL EXHIBIT "t8\ E .... I 4 (WCR 64.5) t33 Q E 9@ EXHIBIT 0 v ONE RNr724119.9.I9m M 1111111 11111 01110 III 111 11111 1111111 111 1111111 11 1111 3806466 11/17/2011 04:41P Weld County, CO 27 of 27 R 0.00 0 0.00 Steve Moreno Clerk& Recorder L!III Ill MO III till 1111111111111 MOM III! In co 136 11/14/2011 12:45P Weld County, CO 1 of 25 R 131.00 D 0.00 Steve Moreno Clerk& Recorder IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Lafarge "Parsons Pit"— USR-1657 THIS AGREEMENT, made and entered into this /— day of /Onkel , 2011, by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners. hereinafter called "County," Lafarge West Inc., hereinafter called "Lafarge", Livingston Leigh Livestock of Weld County, LLC. hereinafter called "Property Owner A", and Sally Parsons, hereinafter called "Property Owner B". Property Owner A and Property Owner B may each be referred to herein collectively as the "Property Owners". The County, Lafarge and Property Owners may each be referred to herein individually as a "Party" or collectively as the "Parties." WITNESSETH: WHEREAS, Property Owners are the owners of, and Lafarge has interest in and is the Lessee of, the following described properties in the County of Weld. Colorado: E2 SE4 Section 25; NE4 Section 36, T6N, R67W; and W2 SW4 Section 30;NW4 Section 31, T6N, R66W the 6th P.M., Weld County, CO hereinafter referred to as "the Property," and WHEREAS, the terms of "Lease Agreements" between Property Owners and Lafarge confirms that Property Owners have granted Lafarge (and its successors and assigns) the exclusive right and privilege to enter upon, through and over the Properties to mine the sand, gravel and stone owned by Property Owners and existing in, on and under Properties, to include responsibility for the reclamation of the Property after mining, and WHEREAS, Lafarge is solely responsible for the mining and reclamation of the sand, gravel and stone in, on and under the Properties under the terms of a mined land reclamation permit issued by the Colorado Department of Natural Resources, Mined Land Reclamation Board ("DRMS Permit No. M-2009-082"), which permit is secured by a reclamation performance bond posted by Lafarge with the State of Colorado, and WHEREAS, County has approved land use permits for a Mineral Resource Development facility including Open Pit Gravel Mining and materials processing in the A (Agricultural) Zone District on approximately 381 acres on the above described real property, and the County is currently in the process of considering an Use-by-Special Review for the Property (USR-1657), and WHEREAS, the Property Owners and Lafarge acknowledge that the issuance of USR- 1657 is conditional upon Lafarge's performance of the on-site and off-site improvements which are described in this Agreement and depicted in the Plat Map and the set of accepted Construction Plans provided electronically by Lafarge copies of which shall be attached to this Agreement as they become available and made a part hereof, as Exhibits C and D, respectively, �� and dAmtvu,unt cn. ww.' /-' 5-.2©(- M:\PLANNING—DEVELOPMENT REVIEW\USR-Use by Special Rev iew\USR-1657 Parsons Mine\In procemeats Agreement\I adbrge- EMOR• NDUM USR- Parsons Pit 1657 IA Final (9-2'_-I I)does Page I or 18 RECORDER'S M \NpS FOUND PttQ° i 1r11S DOCUMENT TO .3E INADEQUATE FOR P URPOSCS. Q/�, fq�f L !" 111111111111 III IIII 1111111111111III 11111 III! 1111 136 11/14/2011 12:45P Weld County, CO 2 of 25 R 131.00 0 0.00 Steve Moreno Clerk& Recorder USR-1 657 andor any activity related to the businesses described above until the appropriate improvements have been completed. and WHEREAC Property Owners rThei T a e agree that pursuant to the provisions of Weld County Code Sec. 23-2-290, the failure to commence construction of the improvements outlined herein or to commence the use of the Property as approved in USR-1657 within three (3) years of the approval of the permit issued under USR-1657, may result in the vacation of USR-1657, upon consideration and order of the Board of County Commissioners, and WHEREAS, Property Owners and Lafarge agree that the failure to record the plat within the time limits imposed by the Weld County Board of County Commissioners, may result in the vacation of USR-1657, upon consideration and order of the Board of County Commissioners, and WHEREAS, the Parties acknowledge and agree that Lafarge shall be solely responsible for complying with the terms and conditions of this Agreement and the conditions of USR-1657, and WHEREAS, the parties agree that Lafarge shall provide collateral for all future on-site and off-site improvements required by this Agreement when the Property Owner submits and receives approval of an application for a Grading Permit, Building Permit or for a Right-Of-Way Permit for construction of accesses and work within the County andor State of Colorado Right- Of-Way. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant and agree as follows: A. Required Off-Site Improvements 1.0 Weld County Road 64.5: Lafarge shall be responsible for the construction of certain on-site and off-site safety improvements, which shall include: construction of adequate asphalt paved turning radii (64) feet at the.main_site.entranceonto WCR 64.5 as indicated on-the accepted Construction Plans. The applicant shall install a paved turn lane on westbound WCR 64.5 to accommodate westbound traffic turning into the facility, in accordance with the requirements of the Department of Public Works and the City of Greeley. Granting of any new point of access may generate additional obligations with County for Off-Site Improvements and the need to post additional "Road Maintenance Collateral". 2.0 Road Improvements Responsibilities: Lafarge is solely responsible for all designated improvements, as specified above in Section A.I.0, on WCR 64.5, and for any construction improvements mandated by the City of Greeley (hereinafter "Greeley") and/or the County, and for all expenses associated therewith. These responsibilities include, but are not limited to the following: design, survey, utility locates, present and future right-of-way clearances and permits, coordination with oil and gas Property Owners and facilities, affected railroad facilities and affected irrigation facilities, traffic control, and project safety during construction. Lafarge shall obey all applicable regulations issued by the Occupational Safety and Health Administration (hereinafter`-OSHA"), CDOT, Colorado Department of Public Health and Environment, (hereinafter"CDPHE") and other regulatory agencies. M:PLAVNN'G-DEVELOPMENT PLEVIEW,USR-Use by Spezia!Revie liSR-16='Parsons Mine.Improvements Aereement\Lafaree- Parsons Po USR 16'.%LA Final(8-11-11).docx Paoe 2 of-18 • HUM 11111111111I III Jill HIE 1111111111 3805136 11/14/2011 12:45P Weld County, CO 3 of 25 R 131.00 0 0.00 Steve Moreno Clerk& Recorder 3.0 Eneineerine Design and Construction Plans: All engineering designs and construction plans provided by Lafarge shall include, at a minimum, ingress/egress entrance intersection layouts, existing and proposed grading, drainage designs, storm drainage pipe sizings and inverts, a cross section of the road base/asphalt, approach roads, and adequate turning radii, and pavement markings. In addition, a geotechnical asphalt pavement design to accommodate heavy truck traffic, prepared by a Professional Engineer licensed to practice in Colorado, is required for WCR 64.5. These plans, when reviewed and accepted by the Weld County Engineer, shall be a part of the Plans, which are a part of this Agreement. All plans showing work within the County and Greeley Right-Of-Ways shall be reviewed and accepted by Greeley and Weld County, prior to the start of construction. For all construction in the County right-of-way, prior to the issuance of any access permit or right-of-way permit, a construction schedule giving times and locations of all proposed improvements shall be provided to Public Works for review and acceptance. 4.0 Construction Standards: All construction and materials controls for a project and any designated improvements shall conform to the requirements in effect as the time of the completion of the improvements set forth in the "Standard Specifications for Road and Bridge Construction" provided by CDOT. 5.0 Traffic Control: Prior to the construction in the County and/or State right-of-way and as a condition of issuance of any access permit or right-of-way permit, the applicant shall submit a traffic control plan for County review. During construction, signage shall be posted in accordance with the then current version of the "Manual of Uniform Traffic Control Devices". 6.0 Off-Site Dust Control/Abatement and/or Paving (If Applicable): County will determine the proportionate share of dust control and/or paving costs to be paid by Lafarge based upon then current Truck Trip ESAL Counts that identify traffic loading due to Lafarge-sourced traffic. The amount and extent of dust control and paving measures will be determined by site- specific conditions at the time, as determined exclusively by County personnel. hi order to accurately determine percentage of Lafarge haul truck traffic, the County reserves the right to install traffic counters on the driveway(s) of the facility. The percentage of haul truck traffic utilizing County roads in the vicinity of the site attributable to Lafarge (or their contractors, clients, tenants, or customers) activities will he determined by traffic counts conducted by the County on the primary and requested alternate or revised haul routes. The County will have sole responsibility for determination of the percentage of truck traffic on all affected roads. 7.0 Future Improvements: Future improvements to the haul route may be required by County for reasons related to: changes in site activity or truck circulation patterns and numbers, roadway classification changes, and newly permitted facilities affecting the haul route traffic usage. Lafarge shall address all County access issues associated with afore-mentioned haul route. Future County mandated measures may include improvements to the following intersections: WCR 64.5 and WCR 25.75, WCR 64 and WCR 27, or any other intersections or roadways then utilized by Lafarge as a result of the establishment of a new haul mute. Lafarge shall pay a proportionate cost share based on the number of Truck Trip ESAL Counts using then current data on the haul route in the implementation of the above-mentioned improvements. County personnel alone shall make all determinations regarding the gathering of and use of traffic data when making decisions regarding cost sharing. Lafarge shall contribute $85,846 for the modification of the curves on WCR 23.75 between WCR 64.5 and WCR 64.75, when the County M:3PI.ANNING—DEVELOPMENT REVIDAAUSR-Use by Special Review\U SR-I65 7 Parsons Mine'dmprovements Agreementdafarge- Parsons Pil USR-1657 IA Final(S-I I-I 1).dncx Page 3 of 18 1 111111 11111 IIIIIII1111111111111 �� 11111 �� • 3805136 11/14/2011 12:45P Weld County, CO 4 of 25 R 131.00 D 0.00 Steve Moreno Clerk& Recorder has determined; that safety improvements are required and that Lafarge truck traffic is using this portion of the haul route. 8.0 Timing of Improvements: Lafarge shall not be required to complete the aforementioned offsite improvements as described in Section A 1.0 until the occurrence of the triggering event for each improvement, namely the application for the Grading Permit, Building Permit or Right-Of-Way access permit resulting from the commencement of activities on the property(s). At that time, Lafarge agrees that the required collateral will be posted and all on-site and offsite improvements shall be completed within the parameters established in Section E.-7.2 and Exhibit B, herein. 9.0 Acceptance of Off-Site Improvements: Upon completion of the off-site improvements, Lafarge shall contact the Weld County Department of Public Works and request an inspection of the off-site improvements described in Paragraph A.1.0-2.0 above. The County s representatives may then initiate the acceptance process set forth in Paragraphs E.6.0, sections 6.1-6.3. 9.1 All references in this Agreement to "Acceptance of Improvements" shall refer to the County confirming completion of said improvement(s) according to the accepted Construction Plans. By accepting any improvement, the County does not thereby accept said improvement for purposes of future maintenance, nor does the County accept any present or future responsibilities or obligations relative to these improvements. B. Haul Routes: 1.0 Established Haul Routes from the facility access point: WCR 64.5 west to the Windsor town limits, WCR 64.5 east to WCR 27, then north on WCR 27 to SH 392 or south on WCR 27 to SH 34. 1.1 Exiting or entering the site: Haul trucks shall enter or exit the site via the proposed access, directly onto County Road 64.5 to disperse west or east. 1.2 No haul truck may exceed CDOT required specifications for pounds per axle. 1.3 In unusual or rare occasions, if particular projects mandate deviation from the above-mentioned haul route for a limited period of time (which is defined in this Agreement as a period of not more than thirty days), which shall be established by County at the time that the deviation is allowed. If County approves such deviation, trucks will utilize paved county roads whenever possible. A deviation from the established Haul route lasting more than thirty (30) days or requests for two or more deviations within a twelve month period shall be subject to the terms of Paragraph 4.0 of this Section B. In the event that haul truck traffic, in excess of 15% of the daily facility truck trips, utilizes alternate haul routes, the provisions of Paragraph 4.0 of this Section B shall be triggered. 2.0 Haul Route Signage: Lafarge shall install haul route signs at all exit points of the M:\PL.ANNING—DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1657 Parsons Mine\Improvements Agreement Usfarge- Parsons Pit USR-1657 IA Final(6-I I-I I).docx Page 4 of 18 1111111111111111111 III Mliii 111111 iii III 11111111 3805136 11/14/2011 12:45P Weld County, CO 5 of 25 R 131.00 D 0.00 Steve Moreno Clerk& Recorder Property which can be clearly seen by drivers leaving the facility and which clearly depict County approved haul routes. 3.0 No Deviation from Permitted Haul Routes: No deviation in the use of any roads other than those specifically authorized for use in this Agreement is permitted without the prior written amendment of this Agreement. 4.0 Effect of Future Changes to Haul Routes: In the event that County is requested by Lafarge or site Property Owner to approve the use of an additional access, new haul route, or an alternative haul route as a result of a change in Lafarge's site activities and/or truck circulation patterns, and if the alternative or additional access or haul route utilizes any unpaved portion of County roads, and if County determines that dust control or paving is required on the unpaved portion of said haul route roads, Lafarge agrees that dust control or paving measures to protect the public health, safety, and welfare shall be instituted. County will determine the proportionate share of dust control and/or paving costs to be paid by Lafarge based upon then current truck trip counts that identify traffic loading due to Lafarge-sourced traffic. The amount and extent of dust control and paving measures will be determined by site-specific conditions at the time, as determined exclusively by County personnel. C. Road Maintenance Requirements for Haul Routes on Weld County Roads. 1.0 Obligation to Maintain Current and Future Haul Routes: Lafarge agrees to excavate, repair, or patch any damage on current or future haul route roads, which in the sole opinion of County has been created by heavy truck hauling from the Property. Should Lafarge's site activities and/or should Lafarge's truck circulation patterns change in the future so that County approves an alternate haul route, and all or a significant portion of Lafarge's sourced traffic no longer utilizes the above-described haul route and instead utilizes other portions of County roads, Lafarge shall cooperate with County in maintenance of said roads. The type and method of repair will be determined by the County Engineer or his representative, and shall require a written amendment to this Agreement executed by County and Lafarge. All repairs shall commence within thirty (30) days of receipt of Weld County's written notice. 2.0 Annual Road Inspection: County will conduct a road inspection annually with the cooperation of Lafarge and all other Property Owners and/or Lessees who are required by County to participate in road improvement/maintenance agreements. As a result of the annual inspection, County, in its sole discretion, shall determine actual conditions and shall further determine what road improvement/maintenance work is to be performed during that construction season. 3.0 Future Road Replacement: At any time in the future, if, in the opinion of County, road damage increases beyond the point that repair of damage cannot maintain the road in a safe and usable condition, Lafarge shall pay a proportionate cost of a complete restoration based on the number of Truck Trip ESAL Counts using then current data of truck trips on the haul route. Lafarge shall participate in the restoration of the road, in consultation with Public Works. 4.0 Sharing of Road Maintenance Responsibilities with Other Property Owners and/or Lessees: It is anticipated that Lafarge and other Property Owners and/or Lessees subject to agreements similar to this Agreement will perform the required road maintenance work and M:U'LANNINO—DEVELOPMENT REVIEW\UsR-Use by Special Review\USR-165"Parsons Mine\Improvements Agreement Lafarge- Parsons Pit USR-165;Lk Final(8-11-I I).docx Page 5 of 18 1111111 11111 1111111 III IIII 11111 111111 III 11111 1111 IIII 3805136 11/14/2011 12:45P Weld County, CO 6 of 25 R 131.00 D 0.00 Steve Moreno Clerk & Recorder will share in the equipment, labor, and materials required. Any such sharing arrangement between Lafarge, and other Property Owners and/or Lessees shall be conducted pursuant to separate agreements between Lafarge and other Property Owners and/or Lessees. County shall approve the Agreements only to determine whether the required improvements/maintenance projects have been adequately addressed. County alone shall determine the sufficiency of all road improvement/maintenance projects when completed. 5.0 Violation of Tenns of Agreement: If Lafarge does not perform as outlined in this Agreement and Exhibits A and B such non-performance will constitute a violation of Lafarge's land use permits granted by County, and County will take whatever remedial measures it deems necessary, against Lafarge. In addition to any other remedy available to the County in law or equity, a failure to comply with this Agreement shall be considered grounds for revocation of USR-1657 as it now exists or may, from time to time, be amended is a remedy which County may impose. • D. On-Site Improvements: 1.0 Landscaping and Fencing Requirements: Lafarge shall landscape and/or maintain the landscaping and re-seeding of the property where applicable as shown on the accepted Construction Plans and USR-1657 Plat Map. Specifically, Lafarge shall at its own expense, plant, install and/or maintain all trees, grass and shrubs and other landscaping and re-seeding where applicable as shown on the accepted Construction Plans and USR-1657 Plat Map. Additionally, Lafarge shall install and maintain fencing to screen the property where applicable as indicated on the accepted Construction Plans and USR-1657 Plat Map. In the event any of these improvements may include work extending into State or County Right-Of-Way in which case a Right-Of-Way or access permit is required. 2.0 On-Site Grading, Drainage Facilities and Paving: Lafarge shall, at its own expense, grade and/or pave, if applicable, specified roadways, accesses, easements and parking areas, and install accepted drainage and signage components, adjacent to or within the interior portion of the property in accordance with the directives of the Weld County Department of Public Works and Department of Planning Services, as further described in the accepted Construction Plans and USR-1657 Plat Map. The main entrance improvements shall include; asphalt paving a minimum of(300 x 30) feet into the site from County Road 64.5, to minimize the tracking of mud and debris onto WCR 64.5 and to ensure a complete revolution of the truck tires to minimize the tracking of mud and debris onto WCR 64.5. Any other on-site improvements shall be completed as indicated on the accepted Construction Plans for this facility. Lafarge shall be responsible for all maintenance of the onsite improvements. Refer to Section A., paragraph 1.0 of this agreement for specific paving requirements extending into the facility site from WCR 64.5. Additional infrastructure improvements will be addressed at the time of application for any future amended USR. Some of these improvements may include work extending into State or County Right-Of-Way in which case a Right-Of-Way or access permit is required. 3.0 Timing of Improvements: Lafarge shall not be required to initiate the landscaping requirements until the occurrence of the triggering event for all improvements, namely the approval of the grading permit. No grading permit will be released until collateral is posted for the associated improvements and the Construction Plans have been submitted to and accepted by MA PLANNING-DEVELOPMENT REVIEWxUSR-Use by Special Review\USR-1657 Parsons Mine\Improvements Agreemenitafarge- Parsons Pit L'SR-1657 1A Final(6-i l-1 I).docx Page 6 of 18 1111111111111111111 III 1111 311 111111 III 111111111 IIII 3805136 11/14/2011 12:45P Weld County, CO 7 of 25 R 131.00 D 0.00 Steve Moreno Clerk& Recorder the Department of Public Works. Access and'or Right-Of-Way permits might also be required prior to approval of the grading permit. Grading shall not continence until construction plans are accepted. Any alterations to the accepted Construction Plans must be pre-approved in writing by the Planning and Public Works Departments. At that time, and unless otherwise amended, Lafarge agrees that all landscaping and other on-site improvements, as indicated in Section D. 2.0 above shall be completed within the parameters established in Section E. 7.2 and Exhibit B. 4.0 Acceptance of On-Site Improvements: Upon completion of the on-site improvements, Lafarge shall contact the Weld County Department of Planning Services and the Weld County Department of Public Works and request an inspection of the on-site improvements described in Paragraph D.1.0 and D.2.0 above. The County's representatives may then initiate the acceptance process set forth in Section E.6.0, Paragraphs 6.1-6.3. E. General Requirements: 1.0 Engineering Services: Lafarge shall furnish, at its own expense, all engineering services in connection with the design and construction of the improvements identified on the accepted Construction Plans according to the construction schedule set forth in Exhibit "B," both of which are attached hereto and incorporated herein by reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1.3 Lafarge shall furnish construction drawings for the road improvements on public rights-of-way, if applicable, or easements and all improvements interior on the Property for approval prior to the letting of any construction contract. 2.0 Rights-of-way and Easements: Before commencing the construction of any improvements herein agreed upon for public rights-of-way or easements, Lafarge shall acquire, at the sole expense of Lafarge, good and sufficient rights-of-way and easements on all lands and facilities traversed by the proposed improvements. All such rights-of-way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording, 3.0 Construction: Lafarge shall furnish and install, at its own expense, the improvements identified on the accepted Construction Plans and USR-1657 plat map, be solely responsible for the costs listed on Exhibit "A", and described in parts A and D of this agreement, which are attached hereto and./or incorporated herein by reference, with the improvements interior to the Property being completed by the dates set forth on Exhibit "B" (On-site), and improvements to public rights-of-way or easements being completed also in accordance with the schedule set forth in Exhibit "B" (Off-site). The Board of County Commissioners, at its option, M:\PLA7.'NING-DEVELOPMENT REVIEW\USR-Use by Special Review\LUSR-1657 Parsons Minelmprovements Agreement Lafarge- Parsons Pit USR-1657 IA Final(6-I IL l l.docz Page 7 of IS Him 111111111111 III in 1111111 111111 III 11111 IIII IIII 3805136 11/14/2011 12:45P Weld County, CO 8 of 25 R 131.00 D 0.00 Steve Moreno Clerk& Recorder may grant an extension of the time of completion set forth in Exhibit B stated herein upon application by the Lafarge. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County. 3.2 Lafarge shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction; and shall furnish copies of test results to the County. If County discovers inconsistencies in the testing results, Lafarge shall employ at its expense a third party qualified testing company approved by County. Such third party shall furnish the certified results of all such testing to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect, or to require testing and inspection of material and work, at Lafarge's expense. Any material or work not conforming to the approved plans and specifications, including but not limited to damages to property adjacent to the construction plan area shall be repaired, removed or replaced to the satisfaction of the County at the expense of Lafarge. 4.0 Release of Liability: Property Owners and Lafarge shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the applicable laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Warranty of On-Site and Off-Site Improvements: Lafarge shall warranty all improvements to public rights-of-way, (if any), and all privately created and maintained roads or rights-of-way, or easements, and all on-site improvements for a period of two (2) years. The warranty period shall begin only after the County's execution of a written acceptance of the improvement(s). 6.0 Acceptance of Improvements by the County: Upon compliance with the following procedures by the Applicant, the improvements shall he deemed accepted by the County. 6.1 If requested by Lafarge and accepted by the County, portions of the improvements may be placed in service when completed according to the M:\PLANNLNG—DEVELOPMENT REVIEW\USR-Use by Special Review iUSR-1657 Parsons Mine\hnprovements AgreementQafarge- Parsons Pil USR-1657 IA Final(8-11-11).docx Page 8 of 18 MID 11111 3805136 11/14/2011 12:45P Weld County, CO 9 of 25 R 131.00 D 0.00 Steve Moreno Clerk& Recorder schedule shown on Exhibit "B." but such use and operation shall not, alone, constitute an acceptance of said portions of the improvements. 6.2 County may, at its option, issue building permits for construction for which the improvements detailed herein have been started but not completed according to the schedule shown on Exhibit "B," and may continue to issue building permits so long as the progress of work on the USR improvements in that phase of the USR is satisfactory to the County, and all terms of this Agreement have been faithfully kept by Applicant. 6.3a Upon completion of the construction of any required off-site improvements, and the filing of a Statement of Substantial Compliance by Lafarge's engineer, Lafarge may, as set forth in Paragraph A.9.0, request in writing that the County inspect the improvements and recommend to the Board of County Commissioners that the improvements be accepted and further that the two-year warranty period begin. . Upon completion of the two-year warranty period, the County Engineer shall, upon request by the applicant, inspect the subject improvements, and notify Lafarge of any deficiencies. If any deficiencies are discovered, Lafarge shall correct the deficiencies. The County Engineer shall reinspect the improvements after notification from Lafarge that said deficiencies have been corrected. If the County Engineer finds that the improvements are constructed according to County standards, he or she shall recommend full acceptance. Upon a receipt of a positive unqualified written recommendation from the County Engineer for acceptance of improvements within the USR, the Board of County Commissioners shall fully accept said improvements. 6.3b Upon completion of the construction of the required on-site improvements, and the filing of a Statement of Substantial Compliance, when necessary, by Lafarge's engineer, Lafarge may, as set forth in Paragraph D.4.0, request in writing that the County inspect the improvements and recommend to the Board of County Commissioners that the improvements be accepted and further that the two-year warranty period begin. Upon completion of the two-year warranty period, the County Engineer and/or the Weld County Department of Planning Services shall, upon request of Lafarge, inspect the subject improvements, and notify Lafarge of any deficiencies. If any deficiencies are discovered, Lafarge shall correct the deficiencies. The County Engineer and for the Department of Planning Services shall re-inspect the improvements after notification from Lafarge that said deficiencies have been corrected. If the County Engineer and/or Department of Planning Services find that the improvements are constructed according to County standards, he or she shall recommend full acceptance. Upon a receipt of a positive unqualified written recommendation from the County Engineer and/or the Department of Planning Services for acceptance of improvements within the USR, the Board of County Commissioners shall fully accept said improvements. 7.0 General Requirements for Collateral: M:V'L.ANNLNG—DEVELOPMENT REVIEW‘USR-Use by Special Review\USR-1657 Parsons Mine\Improvements Agreement Lafarge- Parsons Pit USR-1657 IA Final(&-1 I-11).docx Page 9 of 18 I11111111111111111111111111111111111iii1111111111 3805136 11/14/2011 12:45P Weld County, CO 10 of 25 R 131.00 D 0.00 Steve Moreno Clerk& Recorder 7.1 County requires Lafarge to provide collateral to guaranty all of Lafarge's obligations under this Agreement: (1) Project Collateral for completion of all improvement described in this Agreement shall be provided separately for on-site improvements and off-site improvements; (2) Warranty Collateral required for all improvements during the warranty phase; and (3) Road Maintenance Collateral to be kept in place for the life of the pennit. 7.2 Project Collateral submitted to Weld County to guarantee completion of the improvements identified on the accepted Construction Plans and USR- 1657 Plat Map and further enumerated in the costs listed in Exhibit "A", must be equivalent to One-Hundred percent (100%) of the value of the improvements as shown in this Agreement. Collateral for Off-Site improvements that extend partially off-site as mentioned in Section A.I.0 (if any) or D.2.0 of this Agreement that include only improvements involving turning radii and approaches can be included as part of the On- Site collateral amount, if clearly delineated on accepted Construction Plans and differentiated as "Entrance Improvements" on Exhibit "A" On- Site Improvements of this Agreement. This collateral must be submitted to County upon the submission of Lafarge's application of a grading, building, and/or right-of way permit, and shall be held in total by County as provided in Paragraph E. 7.3 below until all improvements have been completed. 7.3 Warranty collateral for all on-site and off-site improvements shall be submitted to County and shall be held in total by the County for two (2) years following its written acceptance of the improvement(s). 7.4 In the event Lafarge fails to adequately complete and/or repair improvements associated with this Improvements Agreement, County will access, in its sole discretion, Project or Warranty Collateral to the extent necessary to complete said improvements or repairs in order to preserve public interest. 7.5 Road Maintenance Collateral shall be submitted to County upon the release of the warranty collateral by the Board of County Commissioners. Road Maintenance Collateral is held for use on roads associated with the designated haul route. The amount of the collateral required for road maintenance shall be established by the Weld County Department of Public Works based upon its determination of the anticipated expenses, and its determination of the amount shall be final. Road Maintenance Collateral shall be held by County as long as this Agreement is in effect and returned to Lafarge upon vacation of associated land use agreement or permit. The Road Maintenance Collateral will only be accessed by the County, if upon notification to Lafarge of required roadway repairs; Lafarge fails to perform said repairs. If any of this collateral shall be M:PLANNING- DEVELOPMENT REVIEW\USR-Use by Special Review\USR-I 657 Parsons Mine\Improvements Agreement\Lafarge- Parsons Pit USR-1657 LA Final(8-I1-I l).docx Page 10 of18 1111111 11111 1111111 III IIII 1111111111111 III 111111 III IIII 3805136 11/14/2011 12:45P Weld County, CO 11 of 25 R 131.00 D 0.00 Steve Moreno Clerk& Recorder collected by County, Lafarge shall replace the amount, plus interest, within six (6) months. 7.5.1 Road Maintenance Collateral Option(For Materials Haulers): In lieu of cash collateral, with its obligated yearly inflationary cost adjustments, Lafarge may submit funds quarterly to Weld County, at a rate of ten (10) cents per ton, based on the amount of processed material leaving the site. These funds will be escrowed by the County and utilized for roadway repairs specific to the USR's designated haul route. The first payment of funds will be due three months after the initial sale of materials from the USR site. Subsequent quarterly payments will be deposited in the associated escrow account until the USR permit is terminated. Utilization of this collateral option will negate any further obligations of Lafarge and/or Applicant to participate in any future maintenance and/or improvements projects for the associated Haul Route. Upon vacation of the USR for this facility and following determination by Public Works staff that no immediate repairs are required for the Haul Route, any remaining funds in the escrow account will be returned to the USR Permitee. 7.6 Road Maintenance Collateral shall be adjusted annually, during the month of January, for inflation. The first adjustment shall be made no less than twelve months after, and in no event later than twenty-four months from the execution of this Agreement. The adjustment shall be equal to the inflation rate based on the "Colorado Construction Cost Index Report" as published by the Colorado Department of Transportation. 7.7 Acceptable Project Collateral shall be submitted when Lafarge submits an application for the Grading Permit, Building Permit, or Right-of-Way Access Permit prior to commencement of Site Preparation, as herein defined. 7.7.1 No grading or building permits shall be issued for any site related activities, on the property and no Site Preparation shall commence until cost estimates for all improvements are updated and collateral is provided in the amount of One-Hundred percent (10004) of the then current value of the improvements to be completed, and the development plans are revised to comply with all current County standards, policies and regulations. The improvements shall be completed within the time schedule set forth in Exhibit `B", which is attached hereto and made a part of this Agreement. "Site Preparation" shall mean earthwork grading or performance of work, or construction or installation of improvements related to Applicant's operations pursuant to USR-1657 that require a grading or building permit from the County pursuant to the Weld County Code. In the event that the Improvements outlined in this Agreement and Exhibit A are not completed within one year of the Mi\PL.ANNING—DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1657 Parsons Mine\Improvements Agreement\Lafarge- Parsons Pit USR-1657 LA Final(8-11-I I).docx Page 11 of 18 IIIIII 11111 1111111 III 1 IIIIIII 111111 III IIIIII III ill 3805136 11/14/2011 12:45P Weld County, CO 12 of 25 R 131.00 0 0.00 Steve Moreno Clerk & Recorder execution of this Agreement Weld County may require Lafarge to obtain current cost figures for one or more of the Improvements. 7.8 Collateral may be in the form of an irrevocable letter of credit (LOC) in an amount equivalent to one-hundred percent (100%) of the total value of the improvements set forth in the Improvements Agreement and the Plat; the LOC shall be subject to the requirements of Weld County Code Section 2- 3-30 B. Lafarge shall utilize only a County approved form when obtaining a LOC: (IRREVOCABLE STANDBY LETTER OF CREDIT FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of said form shall be provided to Applicant upon request. 7.9 Collateral may be in the form of a surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth in the Improvements Agreement and the Plat. The surety bond shall conform to and be subject to the requirements of Weld County Code Section 2-3-30 B.4 Lafarge shall utilize only a County approved form when obtaining a surety bond: (PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of said form shall be provided to Applicant upon request. 7.10 Collateral may be in the form of a cash deposit made with the Board in an amount equivalent to One-Hundred Percent (100%) of the value of the improvements set forth in the Improvements Agreement. In the event the applicant is required to warranty the improvements, the applicant shall replace the original deposit with a deposit in the amount of fifteen percent (15%) of the original amount and those funds shall remain available to the County until released by the County at the end of the warranty period. 7.11 The Board of County Commissioners reserves the right to reject collateral which is deemed inappropriate or insufficient, which may be either as collateral in the form of a letter of credit offered by a banking institution which does not have at least a "three star" rating given by Bauer Financial, or as collateral in the form of a performance bond offered by an insurance company which does not have at least a B+ rating given by A.M. Best. The Board further reserves the right to require Lafarge to obtain replacement collateral if the rating of the financial institution providing said collateral drops below the levels stated above. Replacement collateral shall be submitted by Lafarge within sixty (60) days of the Board's notice to Lafarge that the rating has fallen and that the collateral must be replaced. Lafarge may not terminate existing collateral until replacement of collateral has been secured. 8.0 Request for Release of Collateral: Collateral shall be released in accordance with the provisions of Weld County Code Section 2-3-30.C. Prior to release of collateral for the entire project or for a portion of the project by Weld County, Lafarge must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado. The Statement of M:PLANN1NG—DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1657 Parsons Mine\Improvements Aereement\Lafarge- Parsons Pit USR-1657 IA Final(S-11-11).docx Page 12 of 18 MID 11111 DID 111 1111111 111111 III 111111 i i i 1111 3805136 11/14/2011 12:4512 Weld County, CO 13 of 25 R 131.00 D 0.00 Steve Moreno Clerk& Recorder Substantial Compliance shall state that the project or a portion of the project has been completed in substantial compliance with accepted plans and specifications documenting the following: 8.1 Lafarge's Engineer or his representative has made regular on-site inspections during the course of construction and the Construction Plans utilized are the same as those accepted by Weld County. 8.2 For the improvements to public rights-of-way or easements, test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 8.3 "As-built" plans shall be submitted at the time the letter requesting release of collateral is submitted. Lafarge's Engineer shall certify that the project "as-built" is in substantial compliance with the plans and specifications as accepted, or that any material deviations have received prior written acceptance from the County Engineer. 8.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 8.5 A letter must be submitted from the appropriate Fire Authority, if applicable, indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. 8.6 The requirements in the paragraphs 8.0 through 8.5 shall be noted in the final Construction Plans. 8.7 Following the submittal of the Statement of Substantial Compliance and written recommendation of acceptance of the improvements by the Weld County Department of Planning Services and the Weld County Department of Public Works, Lafarge may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 8.8 For all off-site and on-site improvements (including improvements to public rights-of-way or easements), the request for release of "Project Collateral" shall be accompanied by "Warranty Collateral" in the amount of fifteen percent(15%) of the value of the improvements as shown in this Agreement. However, collateral for improvements fully accepted for maintenance by a responsible governmental entity, special district or utility company will be fully refunded to Lafarge. 8.9 Following the written request for release of the "Warranty Collateral", the Weld County Department of Planning Services and the Weld County Department of Public Works County shall inspect the on-site M:\PL.ANNING—DEVELOPMENT RE\'EW\USR-Use by Special Review\USR-1657 Parsons Mine\Improvements Agreement Pit USR-1657 IA Final(S-11-I I).docx Page 13 of 18 • 110111 11111 IDIOM M III IIII 1111111111111 HEN III IIII 3805136 11/14/2011 12:45P Weld County, CO 14 of 25 R 131.00 D 0.00 Steve Moreno Clerk & Recorder improvements. If the improvements require mitigation or further repairs are required, said work must be completed prior to the conclusion of the Warranty period. The "Warranty Collateral" shall be released to Lafarge following the expiration of the warranty period upon final written acceptance by the Board of County Commissioners. 8.10 "Road Maintenance Collateral" (If Applicable) for roads associated with the designated haul route shall be maintained as long as the USR is active. It shall be adjusted annually by the inflation rate based on the "Colorado Construction Cost Index Report" as published by the Colorado Department of Transportation. Road Maintenance Collateral shall be adjusted annually, during the month of January, for inflation. The First adjustment shall be made no less than twelve months after, and in no event later than twenty-four months from the execution of this Agreement. 9.0 Successors and Assigns: This Agreement may not be delegated, transferred or assigned in whole or in part by Lafarge without the express written consent of County and the written agreement of the party to whom the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably withheld by County. In the event of sale of the Property, County may agree to release Lafarge in whole or in part from obligations under this Agreement. County's rights and obligations under this Agreement shall automatically be delegated, transferred or assigned to any municipality which, by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility over the roads affected by this Agreement. Upon execution of annexation by another municipality, Lafarge shall maintain any existing improvements at current County standards and not be required to upgrade or change said improvements to meet the annexing municipalities' standards. All of the terms and conditions set forth in this Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of Lafarge, and upon recording by the County, shall be deemed a covenant running with the land herein described. 10.0 County Engineer: All references in this Agreement to "County Engineer" shall refer to the any individual or individuals appointed by the County Engineer to act on his/her behalf 11.0 Violation of Terms of Agreement: If in County's opinion, Lafarge has violated any of the terms of this Agreement, County shall notify Lafarge of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which County believes constitute the violation. Lafarge shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that there has been a violation of the terms of this Agreement, County shall initiate proceedings to revoke the permit which is the subject matter of this Agreement. Violations of the terms of this Agreement include violations of the agreements contemplated by Paragraphs C. 4.0 &C. 5.0 of this Agreement, and a failure to enter into such Agreements in a timely manner. F. Termination of Agreement: 1.0 Termination Event: This Agreement shall terminate upon the earliest of the following events: MML..ANI1ING—DEVELOPMENT REVIEW USR-Use by Special Review\USR-1657 Parsons Mine\Improvements Agreement\Lafarge- Parsons Pit USR-1657 LA Final(8-I 1-I I).docx Page 14 of 18 • 111111 11111 1111111 III 3805136 11/14/2011 12:45P Weld County, CO 15 of 25 R 131.00 D 0.00 Steve Moreno Clerk& Recorder 1.1 Cessation of all Permit Related Activities: Termination of this Agreement shall occur upon Lafarge's complete cessation of all activities permitted under USR-1657 or any amendments thereto. A partial cessation of activities shall not constitute a Termination of this Agreement, nor shall County's issuance of a partial release constitute a Termination. Lafarge shall provide written notice to Property Owners and County of said cessation of activity, which County shall then verify. If written notice is not provided to County, Termination of this Agreement hall not occur until County has determined that the Use by Special Review is inactive, which shall be three (3) years following County's observance of the cessation of activities, as provided in Sec. 23-2-200.E of the Weld County Code. 1.2 Execution of Replacement "Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1657 by New Property Owner: This Agreement shall terminate following County's execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1657 with a new Property Owner who has purchased the Property, and intends to make use of the rights and privileges available to it through the then existing USR. 1.3 Execution of Replacement "Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1657 by New Property Owner: This Agreement shall terminate following County's execution of a new Improvements Agreement According to Policy Regarding Collateral for hnprovements — USR-1657 with a new Property Owner who has assumed the operation of the business on the Property which business activities are permitted by the then existing USR. 2.0 Termination Procedures: 2.1 Termination Procedures Following Cessation of Permit Related Activities: Following the events outlined in paragraph 1.1 above. County shall conduct its annual road inspection. Said road inspection shall be conducted on or before May 31 following the announcement or determination of the cessation of permit related activities on the Property. The results of the inspection shall be delivered in writing to the Property Owners and Lafarge. If the County determines that pursuant to the terms of this Agreement, Lafarge must complete any of the improvements and/or road maintenance obligations outlined herein, said obligations must be completed within a reasonable period of time thereafter, but in no event later than six (6) months following the determination that permit related activities have ceased. Collateral shall not he released by County until such time as county determines that all of the improvements have been completed. 2.2 Termination Procedures Pursuant to Transfer of Ownership of the Property or Transfer of Operations: If the Property Owners or Lafarge desire to assign its rights and obligations under this Agreement to a successor Operator or Property Owner, the Property Owners or Lafarge shall, prior to the transfer, provide County with a written Notice to Transfer, stating the date of transfer, and identifying the party to whom the transfer shall be made. Following receipt of the Notice to Transfer, County shall inspect the improvements required under the terms of this Agreement to determine whether the MAPL.ANNINO—DEVELOPMENT REV IF\19USR-Use by Special Review\USR-1657 Parsons Mine;lmprovements Agreement Pit USR-1657 LA Final(8-11-I 1).docx Page 15 of 18 1111111 11111 11111 111 111 111110 111111II1111111 I I I I I I I 3805136 11/14/2011 12:45P Weld County, CO 16 of 25 R 131.00 D 0.00 Steve Moreno Clerk& Recorder improvements have been completed. If the improvements have not been completed, Lafarge and/or Property Owners shall either complete the improvements or post collateral equal to the cost of the completion of the improvements, if such collateral is not in place. If collateral is available at the time, County shall hold a hearing to determine whether the collateral should be called upon to pay County or a contractor of the County to complete the improvements. County shall also inspect the road(s) which are covered by this Agreement to assess the current condition of the road(s) and determine whether Property Owners and/or Lafarge would be required to perform road maintenance within the following twelve months had the Agreement not been assigned. If road maintenance is, in the opinion of County, required, Property Owners and/or Lafarge shall be required to either perform the road maintenance or to post collateral equal to the cost of said maintenance. County shall not execute a new Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1657 with a successor Property Owner and/or Operator prior to the performance of the road maintenance or the posting of collateral for said maintenance, unless the new Property Owner and/or Operator posts collateral for the required maintenance. 3.0 Consequence of Termination by Cessation of Permit Related Activities: Following County's confirmation that Property Owners and/or Lafarge has/have ceased all permit related activities and has/have completed previously uncompleted improvements and or completed any required road maintenance, County shall release Property Owners and/or Lafarge from all further obligations under this Agreement. No Further permit related activities shall be permitted unless and until approved by County following execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1657 with a Property Owner and/or Operator. 4.0 Consequence of Termination by Execution of Replacement Improvements Agreement: Following County's execution of an Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1657 with a successor Property Owner and/or Operator, the predecessor Property Owners and/or Lafarge shall have no further rights and/or obligations under this Agreement or in USR-1657. 5.0 Consequence of Termination Pursuant to Paragraph E.11.0: In the event that activities related to USR-1657 cease as a result of the revocation of the permit as described in Paragraph E.11.0 of this Agreement, neither Property Owners nor Lafarge will be released from any of the obligations imposed by the terms of this Agreement only after Lafarge's successful completion of all improvements required under this Agreement or after County accesses the collateral to the extent necessary to complete improvements County, in its sole discretion, deems necessary to preserve public interests.. G. Governmental Immunity: No term or condition of this agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. H. Enforcement: If in the County's opinion, Lafarge has violated any of the terms of this Agreement, County shall notify Lafarge of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which the County believes constitute M:\PL.ANNING—DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1657 Parsons Mine\1,nprovements Aereement\Lafarge- ParsonsPit USR-1657 IA Final(5-I I-111.docx Page 16 of 18 . I•fill 11111 all IIIviii1111111 HIE �� 111111 �� 3805136 11/14/2011 12:45P Weld County, CO 17 of 25 R 131.00 D 0.00 Steve Moreno Clerk& Recorder violation. Lafarge shall have thirty (30) days within which to either cure the violation or demonstrate compliance. If. after this 30j days haveelapsed,p ±, m County believes goon faith that a violation of the Piths and conditions f this Agreement still exists (despite cure). County .ludi -" o action equitable tn2F enforce by any legal means, uicruwa:e, but not iulti led i.�. legal for or monetary relief filed in the Weld Disaict Court, execution upon submitted collateral (if applicable), and or administrative action of the County to suspend or revoke the underliing land use permit or approval pursuant to the procedural provisions of Section 2-4-40 cf the Weld County Code. Violations of the tents and conditions of this Agreement include. but are not limited to, violations of the agreements Lafarge must enter into as required by this Agreement. and-or failure to enter into such agreements in a timely manner. I. No Third Party Beneficiary Enforcement: It is expressly understood and agrreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person or entity not included in this Agreement. it is the express intention of the undersigned parties that any person or entity, other than the undersigned parties_ receiving services or benefits under this Agreement shall be an incidental beneficiary only. J. Authority to Sign: Each person signing this Agreement represents and -warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such par and enforceable in accordance with its terms. If requested by the County. Property Owners and or Lafarge shall provide the County with proof of Property Owner's and or Lafarge's authority to enter into this Agreement within five (5) days of receiving such request. 1,1:PL 'CC C 7 t-n:-.a :CENT RF\I '3. S?-.'se Sp- a:r._.i .::l sR-itf-Parsons Mine 1m-rarcmem,Agreement:a;a.g:- ?-arsoas Pi- CSF-ir 7 I0.Final. c ; ;1dss Page 17 of 18 11111111111I III IIII 1111111111111 III 111111 III IIII 3805136 11/14/2011 12:45P Weld County, CO 18 of 25 R 131.00 D 0.00 Steve Moreno Clerk & Recorder IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. PROPERTY OWNER A (Livingston Lei h Livestock of Weld Co nty, C) re Printed Name kecvnct5 C. Lb i wn _1_O4 nl ahi&r e— PR T OWN Bi /r 7 Sally Parsons / CSC PROPERTY OWNER and LES E (Lafarge North America, Inc.): SIGNATURE / . PRINTED NAME 5E✓, / TT 377c'p!d TITLE (If Other Than Property Owner),,t,? 0r 14412) t i t/�1 r .c— STATE OF COLORADO ) GLEN DROEGEMUELLER ss. Notary Public County of Weld ) State of Colorado My Commission Fxnires 03/01/2012 The foregoing instrument was acknowledged before me this tday of 2011, by .Scc((y A tPaosc,ns My commission Expires: 0 3 — Of 2 o 1 Z to-.1-Pktar IZ BOARD OF COUNTY COMMISSIONERS W ELp COUNTY, COLORADO ATTEST: n iLd 0�/ . _ ara Kirkmeyer, air 1 COV 17 2011 Weld County Clerk to the Board tam yl C: BY: Deputy CI to the Board APPROVED AS TO FORM: 741 z County Attorney M\PLANNING—DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1657 Parsons Mine\Improvements Agreement\Lafarge- Parsons Pit USI2-1657 fA Final (9-22-1 I)docx Page 18 of 18 C9G//,-a1/4-7 • 1111111111111111111III IIII1111111111111III111111III 11 3805136 11/14/2011 12:45P Weld County, CO 19 of 25 R 131.00 D 0.00 Steve Moreno Clerk& Recorder STATE OF @0/CralO ) )ss. County of Wold keg fMel? ) The foregoing instrument was acknowledged before me thiso7�1' day of <5e/eri1betZ 2011, by /N.OYOO5 C. 1./U/Ky5 , as manager of Livingston Leigh Livesfock of Weld County, LLC. 71L0atctQ- i,:01-1164 My commission Expires: /z -z -2011 I THERESA FRENCH NOTARY PUBLIC STATE OF COLORADO •111111111111111111 III VII 1111111111111 III 1111111 111111 3805136 11/14/2011 12:45P Weld County, CO 20 of 25 R 131.00 D 0.00 Steve Moreno Clerk& Recorder STATE OF COLORADO ss. 1II ��,, COUNTYO $�S ) The foregoing oi instrument was�ackkno lle,�dgefd be ore m thiijs�47 day f 2011, by Sw l T. ,171M-Y) Ditfald? e t Ail J21diU��l�� My commission expires: "V D zo t j ✓� C �� Q J QQ LcO ��\\\\txSIEP/yF i2 O o�PRV - O . G O = 's P0O-\ c 'l6,"fotni 11111110..se 0ommisslonE# Exhibit A: Cost Estimate I Iran 11111 III IIII V111111II'II III HMI IIII 3805136 11/14/2011 12:45P Weld County, CO 21 of 25 R 131.00 D 0.00 Steve Moreno Clerk& Recorder 1111111111111111111 III 11111111111111111 ill 1111111111111 3805136 11/14/2011 12:45P Weld County, CO 22 of 25 R 131.00 0 0.00 Steve Moreno Clerk & Recorder ON-SITE GRADING,DRAINAGE/EROSION CONTROL,AND PAVING COST ESTIMATE for PHASE 1A of the Parsons Mine,Weld County,CO 819/2011 ITEM I LOT BASIS QUANTITY UNIT UNIT PRICE TOTAL COST GRADING&MISC. Mobilization 1 LS $25,000.00 $25,000 Surveying 1 LS $4,500.00 $4,500 Mass Excavation Earthwork(Cut&Fill) 20,000 CY $4.00 $80,000 Fine Grading 100,000 SF $0.25 $25,00D w Total Grading Improvements $134,500 DRAINAGE&EROSION CONTROL Check Dam 6 EA $1,500.00 $9,000 Silt Fence 240 LF $2.00 $480 Vehicle Tracking Control Pad 1 EA $1,500.00 _ $1,500 Concrete Washout Area 1 EA $1,500.00 $1,500 Riprap(w/bedding&filter fabric) 30 CY $60.00 $1,800 8"CMP 20 LF $25.00 $500 15"RCP(Class IV) 500 LF $50.00 $25,000 15"RCP Flared End Sections 10 EA $500.00 $5,000 Centrifugal Pump for Dewatering(-50 hp) 1 EA $50,000.00 $50,000 Seeding 4 AC $2,500.00 $10,000 Total Drainage&Erosion Control Improvements $104,760 PAVING(COMPOSITE SECTION1 8"Asphalt-Entrance,Roadway,Parking Lot 4,975 TN $65.00 $323,375 6"Road Base-Entrance,Roadway,Parking Lot 1,850 CY $35.00 $64,750 4"Concrete-Sidewalk 260 SY $50.00 $13,000 Total Paving Improvements $388,125 Phase 1A Subtotal $627,405 Contingency(20%) $125,481 TOTAL PHASE 1A $752,886 Assumptions 1.) Onsite costs only for Site Grading/Drainage/Erosion Control and Paving of Phase 1 A per Section D,2.0 of the Improvement Agreement. 2.) Centrifugal Dewatering Pump assumed to be run on diesel.Inflow of—4,500 GPM,30'head,and 80%Efficiency. 3.) No payment design completed.Assumed Composite Section-8"depth of asphalt,6"depth of Class VI Road Base(-99,500 SF) 3.) No Clearing&Grubbing or Topsoil Stockpile included since site is built on top of gravel. R:14137_0291DELIVERABLESION-SITE COST ESTIMATES 8-16-111Parsons-Mine Onsite Cost Eslirnate_19AUG2011.xls Exhibit B: Construction Time Frame Estimate Construction commencement shall start approximately 6 months prior to operations. 111111 11111 111/11110 11111111111111111 III 1111111 II IIII 3805136 11/14/2011 12:45P Weld County, CO 23 of 25 R 131.00 D 0.00 Steve Moreno Clerk & Recorder Exhibit C: Recorded USR-1657 Plat 1111111111111111111IIIIIII1111111111111III111111111IIt 3805136 11114/2011 12:45P Weld County, CO 24 of 25 R 131.00 D 0.00 Steve Moreno Clerk& Recorder ' Exhibit D: Conceptual Construction Plans 1I11III11111111111IIII1111111111IIIIIIIIII1111111111111 3805136 11/14/2011 12:45P Weld County, CO Parsons Mine, USR-1657 25 of 25 R 131.00 D 0.00 Steve Moreno Clerk& Recorder MATCHLINE#1 SEE ABOVE O 11 II I h,ZS' : z .'fivg.. II,I i I ,, I I I C RI 1 O I+I' 4211 I i = I 1I RI "YY.. I Z -... gi 1 1 ,, IAC q it�tli m '' 8 1 1h 'I Igg z,- 1 I /,' I I .F'' ' u 1 II I, It F i + oa' i f 1 m mg 11 ' o 1 1 y pW I; I egM.. .w�.� N \I II 7,m ui I 1 I I' .}* I �I lit FI 1 YZ 1 ill, WCR25� I. III ma' ;, I I i- M _ �. �I 1 II 3 Ili III 1 o I■ 1 " tit"`` I' I 1 II � '•c 'as� 11 111 tt I', I r.. —.� ' F�(y q',P^:�. '� € III Ili. If 1 I ` 1 Y y yh II i m II I 1 '.1 t W^W I 1 y #� IIIIi11 � . II �V1• -T of I ` 1a �l III I f 1 n nA' d 1 ii 1 �� 0 I I 1 g l l 1 w et*1 'mTi. I Ili i 4 i k3 m i� i {a II 1 I ' III r 7 r H II I ` I II b d`�4y�� qqp pS 11 11 r ..- aF1 � ll 4IPZ m II �� 11 1 Ya li � '1 I • I 1 iI M �� I; I . ;I 1 III 1,I li ti ! O1I I'III 11 ' O _ . i m �_-: III 1 m ix � A R S 1 III 1 ,... 1 h ...- - 2,� 1 II 11' II�.�III 11 III 1 1 i K.M. �.. »mow. u�1Y17■�I x "'r'.` I I 1 11 .'2 II II II ii III 1 $ III 11 I i 4 I 1 IIII ,l F 1;. n 11 II i 1 I 1 Ln '4I11 I r � 1r §i II 11 11 . 111' 1.41 I li` 1 ir, MATCHLINE#1-SEE BELOW t —9.e1MAIH19f.IlC TEsonanw 9v E X 4 i E CONFIGURATION ONN5MME a Paz:- 1N6 '9.,,{D, m TG�MTECfI /� B i LANE cor+rlruw.rlm ®Aewrrmlmexxl�M 6'e 3 8 CONCEPTUAL EXHIBIT __ y-'b m„ a W (WCR 64.5) `` oM., ', ®® EXHIBIT B e lvumuu ` [III } TETRA TECH March 7, 2011 Mr. Kim Ogle Weld County Department of Planning Services 1555 North 17th Avenue Greeley, CO 80631 RE: Response to June 28, 2010 Parsons Mine, USR-1657 Comments Dear Kim: This is in follow-up to your letter dated June 28, 2010 regarding the Parsons Mine USR-1657 application. Below is a response to the outstanding Conditions of Approval prior to recording the plat. Our responses below, in italics, are based on how we agreed each comment should be addressed when we met with you, Clay Kimmi and Trevor Jiricek on Friday, August 6, 2010. Lafarge recognizes that there are still conditions that must be met prior to construction activities, prior to construction, prior to commencement of operations and prior to issuance of the Certificate of Occupancy. Therefore, we are not restating any of those Conditions in this response letter. Condition 1B County Road 25 is a graded gravel road annexed in 2009 by the City of Greeley. The existing right-of-way is sixty feet, thirty feet each side of centerline. All setbacks shall be measured from the edge of future right-of-way. Access, additional right-of-way, and similar road improvements must adhere to the City of Greeley requirements. County Road 25 is maintained by the City of Greeley. As discussed in the meeting, there is not 60'of existing right-of-way the full length of County Road 25. The right-of-way on the south half of the property, where the right-of-way falls on the Section line, is a full 60'and this width is shown and dimensioned. However, the width of the right-of-way on the north half of the property ranges from 45 feet on the south end near the ninety degree bend in the road to 65.04 feet on the north end near County Road 64%. Therefore, we have placed a right-of-wary dimension on the north and south ends of this portion of the right- of-way to indicate the width. In addition, per your request we removed the note that indicated that the right-of-way width varied. It should also be noted that these detailed right-of way dimensions are only shown on sheet 2: Existing Conditions Map to improve the legibility of other sheets in the plan set. Condition ID County Road 64.5 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full buildout. The applicant shall verify the existing right-of-way and documents creating the right-of-way. If the existing right-of-way cannot be verified, it shall be reserved. All setbacks shall be measured from the edge of future right-of- 0 Page 2 of 11 TETRA TECH Mr. Kim Ogle March 7, 2011 way. The future right-of-way shall be delineated on the USR Plat. Access, additional right-of- way, and similar road improvements must adhere to the City of Greeley requirements. County Road is maintained by Weld County, the City of Greeley and/or private parties through road maintenance agreements. As discussed in the meeting, there is just 60' of right-of-way for County Road 64.5. The existing right-of-way is dimensioned on sheet 2: Existing Conditions Map. While not stated in your June 28, 2010 letter, we have removed the City of Greeley notes regarding the WCR 25 and 64.5 rights-of-way that we had placed on USR-1657 in response to direction from Greeley. In place of these notes, Lafarge entered into a Development Agreement with the City of Greeley, the Development Agreement was recorded, and a reference to the recorded Agreement has been added to the notes section of sheet 2 of USR-1 657. Condition 1E3 The applicant shall enter into an Improvements Agreement (Long Term Road Maintenance) according to Policy Regarding Collateral for Improvements (Parson Mine, USR-1657). The Improvements Agreement is under review by Lafarge attorneys. Lafarge will provide comments regarding the Agreement as soon as possible. Condition 11-I 1. Access to County Road 64.5 shall be paved for a width of not less than thirty (30) feet and constructed with adequate turning radii of not less than 50 feet to accommodate two-way traffic, and matching existing grade in County Road 64.5. The pavement shall extend through the scale house/office area or 300 feet minimum whichever is less and a small paved parking lot shall be constructed accompanying the facility Per your direction, on Sheet 6 we eliminated the median that had been shown at the entrance/exit to the plant site to provide a full 38'of asphalt rather than 15'of asphalt, an 8' median and another 15'of asphalt. 2. The improvements to County Road 64.5 including but not limited to turn lanes and associated right-of-way to be obtained shall be delineated. By eliminating a lot of unnecessary background information on our base map for Sheet 6, we were able to clearly show the conceptual improvements to County Road 64%. 3. Off-street parking/loading areas, including access to the scale house from the pit area shall be surfaced with adequate gravel or paved and shall have adequate dust control throughout the approach and loading areas. At our meeting, you indicated that this information was adequately shown. 4. The applicant must provide written evidence from the Whitney Ditch Company of an agreed to, appropriately sized and located easement, to accommodate their ditch and ditch operations. This recorded Ditch easement shall be delineated on the plat. A copy of the recorded easement was already provided to the County and the plat map now references the recording information for the easement. Following are all of the new comments that Staff made regarding requested changes to the USR- 1657 plat map followed by our response, in italics, of how the comment has been addressed. Page 3 of 11 E TETRA TECH Mr. Kim Ogle March 7, 2011 Cover Sheet— I Note 23: "The number of employees on-site at one time shall not exceed ten(10)." The Board of County Commissioners Resolution indicates this number to be sixteen (16). Please amend. Amended as directed. Note 30: "Access to County Road 64.5 shall be paved with a 50 foot turning radiuses a minimum of 24 feet in width to accommodate two-way traffic, match existing grade. The pavement shall extend through the scale house/office area or 300 feet minimum whichever is less and a small paved parking lot accompanying the facility." Amend note 30 to indicate a"...60 foot turning radiuses..." Amended as directed Signature Blocks: Property Owners Approval: Please identify the person(s) signing on behalf of Livingston Leigh Livestock of Weld County, LLC and Lafarge West, Inc. The individuals who will sign for both entities have been added to the signature blocks. Existing Conditions Map—2 Please amend drawing: Minimum font size is 8 point; We have increased the font sizes where necessary and, in some cases, deleted small text that wasn't needed on the sheet. In several instances there is overlapping text that renders the drawing notes to not be legible; We have worked on changes to this sheet to improve legibility. The proposed alignment of CR 25 as delineated on the drawing must be removed; The proposed alignment of CR 25 was not shown on the Existing Conditions Map. What you thought was the alignment is actually a Kinder Morgan Easement. The revised version of this sheet now clearly labels this easement. Right-of-way on County Road 25 is 60 feet, all locations,thirty feet each side of centerline; As discussed in our meeting, this is not correct. We have more clearly dimensioned the existing right-of-way. Right-of-way on County Road 64.5 is 80 feet, all locations, forty feet each side of centerline; As discussed in our meeting, this is not correct. We have more clearly dimensioned the existing right-of-way. For all roadways delineated on the plats, please identify the Book and Page for the right-of-way. The book and page and/or reception number referring to the document which granted the existing rights-of-way have been added to this sheet adjacent to the dimension label for County Roads 64.5 and 25. Revision Block: Please provide a complete revision list for each amendment per each Sheet typical. The present note of Final Submittal is not complete as there have been several revisions to each Drawing sheet. As we discussed in the meeting, adding the complete history of revisions is not necessary. However, we left the date that was on the plan and added one more. Page 4 of 11 lt TETRA TECH Mr. Kim Ogle March 7, 2011 L l Notes: "All Floodway and Floodplain information is based on map Page No. 6, of the Floodplain Information study, Cache La Poudre River, for the City of Greeley and Weld County dated August 2003 and amended June 2007. Public Works indicates that the amendment has been converted from NAVD 29 to NAVD 88. County requests in writing the conversion factor utilized to make this conversion. Thank you. A note regarding the conversion factor has been added to note 1 on each sheet where it refers to contour elevations being based on NAVD 88. Overall Extraction Plan—3 Please amend drawing: Minimum font size is 8 point; We have increased the font sizes where necessary and, in some cases, deleted small text that wasn't needed on the sheet. In several instances there is overlapping text that renders the drawing notes to not be legible; We have worked on changes to this sheet to improve legibility. The proposed alignment of CR 25 as delineated on the drawing must be removed; Removed Right-of-way on County Road 25 is 60 feet, all locations, thirty feet each side of centerline; As discussed in our meeting,for legibility purposes, right-of-way dimensions are only provided on the Existing Conditions Sheet 2. Right-of-way on County Road 64.5 is 80 feet, all locations, forty feet each side of centerline; As discussed in our meeting, for legibility purposes, right-of-way dimensions are only provided on the Existing Conditions Sheet 2. For all roadways delineated on the plats, please identify the Book and Page for the right-of-way. As discussed in our meeting, for legibility purposes, right-of-way book and page information is only provided on the Existing Conditions Sheet 2. Remove topography from sheet. The drawing will be less "busy" and easier to read. Removed Identify in the LEGEND the cross hatched areas from the Phase 5B pond to the river. Typical for sheet. These are the inflow/outflow channels; this symbol has been added to the legend. Revision Block: Please provide a complete revision list for each amendment per each Sheet typical. The present note of Final Submittal is not complete as there have been several revisions to each Drawing sheet. As we discussed in the meeting, adding the complete history of revisions is not necessary. However, we left the date that was on the plan and added one more. Notes: "All Floodway and Floodplain information is based on map Page No. 6, of the Floodplain Information study, Cache La Poudre River, for the City of Greeley and Weld County dated August 2003 and amended June 2007. Public Works indicates that the amendment has been converted from NAVD 29 to NAVD 88. County requests in writing the conversion factor utilized to make this conversion. Thank you. A note regarding the conversion factor has been added to note 1 on each sheet where it refers to contour elevations being based on NAVD 88. Page 5 of 11 1L TETRA TECH Mr. Kim Ogle March 7, 2011 Extraction Plan—4 Minimum font size is 8 point; We have increased the font sizes where necessary and, in some cases, deleted small text that wasn't needed on the sheet. In several instances there is overlapping text that renders the drawing notes to not be legible; We have worked on changes to this sheet to improve legibility. The proposed alignment of CR 25 as delineated on the drawing must be removed; Removed Right-of-way on County Road 25 is 60 feet, all locations, thirty feet each side of centerline; As discussed in our meeting,for legibility purposes, right-of-way dimensions are only provided on the Existing Conditions Sheet 2. Right-of-way on County Road 64.5 is 80 feet, all locations, forty feet each side of centerline; As discussed in our meeting, for legibility purposes, right-of-way dimensions are only provided on the Existing Conditions Sheet 2. For all roadways delineated on the plats, please identify the Book and Page for the right-of-way. As discussed in our meeting for legibility purposes, right-ofway book and page information is only provided on the Existing Conditions Sheet 2. Remove topography from sheet. The drawing will be less "busy" and easier to read. As decided in our meeting with you, the topography was left on this sheet. Identify in the LEGEND the cross hatched areas from the Phase 5B pond to the river. Typical for sheet. This comment does not apply to this sheet. Remove all references to "Conceptual" alignment of CR 25. Removed Align all text to read left to right, all places. All text now reads left to right. A detail of the accel and decel lanes would be of benefit in the drawing set. A detail was not been added to this sheet because we were able to make changes to the plant site drawing found on sheet 6 to clearly show the required lane improvements. Revision Block: Please provide a complete revision list for each amendment per each Sheet typical. The present note of Final Submittal is not complete as there have been several revisions to each Drawing sheet. As we discussed in the meeting, adding the complete history of revisions is not necessary. However, we left the date that was on the plan and added one more. Notes: "All Floodway and Floodplain information is based on map Page No. 6, of the Floodplain Information study, Cache La Poudre River, for the City of Greeley and Weld County dated August 2003 and amended June 2007. Public Works indicates that the amendment has been converted from NAVD 29 to NAVD 88. County requests in writing the conversion factor utilized to make this conversion. Thank you. A note regarding the conversion factor has been added to note 1 on each sheet where it refers to contour elevations being based on NAVD 88. Ii Page 6 of 11 n TETRA TECH Mr. Kim Ogle March 7, 2011 Extraction Plan - 5 Minimum font size is 8 point; We have increased the font sizes where necessary and, in some cases, deleted small text that wasn't needed on the sheet. In several instances there is overlapping text that renders the drawing notes to not be legible; We have worked on changes to this sheet to improve legibility. The proposed alignment of CR 25 as delineated on the drawing must be removed; Removed Right-of-way on County Road 25 is 60 feet, all locations, thirty feet each side of centerline; As discussed in our meeting, for legibility purposes, right-of-way dimensions are only provided on the Existing Conditions Sheet 2. Right-of-way on County Road 64.5 is 80 feet, all locations, forty feet each side of centerline; As discussed in our meeting,for legibility purposes, right-of-way dimensions are only provided on the Existing Conditions Sheet 2. For all roadways delineated on the plats, please identify the Book and Page for the right-of-way. As discussed in our meeting, for legibility purposes, right-of-way book and page information is only provided on the Existing Conditions Sheet 2. Remove topography from sheet. The drawing will be less "busy" and easier to read. As decided in our meeting with you, the topography was left on this sheet. Identify in the LEGEND the cross hatched areas from the Phase 5B pond to the river. Typical for sheet. These are the inflow/outflow channels; this symbol has been added to the legend. Remove all references to "Conceptual" alignment of CR 25. This comment does not apply to this sheet. Align all text to read left to right, all places. All text now reads left to right. A detail of the accel and decel lanes would be of benefit in the drawing set. A detail was not been added to this sheet because we were able to make changes to the plant site drawing found on sheet 6 to clearly show the required lane improvements. Revision Block: Please provide a complete revision list for each amendment per each Sheet typical. The present note of Final Submittal is not complete as there have been several revisions to each Drawing sheet. As we discussed in the meeting, adding the complete history of revisions is not necessary. However, we left the date that was on the plan and added one more. Notes: "All Floodway and Floodplain information is based on map Page No. 6, of the Floodplain Information study, Cache La Poudre River, for the City of Greeley and Weld County dated August 2003 and amended June 2007. Public Works indicates that the amendment has been converted from NAVD 29 to NAVD 88. County requests in writing the conversion factor utilized to make this conversion. Thank you. A note regarding the conversion factor has been added to note l on each sheet where it refers to contour elevations being based on NAVD 88. Page 7 of 11 it TETRA TECH Mr. Kim Ogle March 7, 2011 Extraction Plan—6 Minimum font size is 8 point; We have increased the font sizes where necessary and, in some cases, deleted small text that wasn't needed on the sheet. For all roadways delineated on the plats, please identify the Book and Page for the right-of-way. As discussed in our meeting, for legibility purposes, right-of way book and page information is only provided on the Existing Conditions Sheet 2. Revision Block: Please provide a complete revision list for each amendment per each Sheet typical. The present note of Final Submittal is not complete as there have been several revisions to each Drawing sheet. As we discussed in the meeting, adding the complete history of revisions is not necessary. However, we left the date that was on the plan and added one more. Notes: "All Floodway and Floodplain information is based on map Page No. 6, of the Floodplain Information study, Cache La Poudre River, for the City of Greeley and Weld County dated August 2003 and amended June 2007. Public Works indicates that the amendment has been converted from NAVD 29 to NAVD 88. County requests in writing the conversion factor utilized to make this conversion. Thank you. Comment not applicable to this sheet; no floodplain notes or information appear on this sheet. Proposed WCR 25 Conveyor Crossing Elevational Detail: The minimum dimension of front face of footing to front face of footing is 60 feet. Please so delineate and call out on the drawing. This distance has been labeled as 60'on the detail. Plant Site Detail: Stripe the parking lot area, also indicate the number of parking spaces provided. The parking lot striping has been turned on in the drawing and we added a note indicating that there are 32 proposed parking spaces. Overall Landscape Plan— 7 Minimum font size is 8 point; We have increased the font sizes where necessary and, in some cases, deleted small text that wasn't needed on the sheet. In several instances there is overlapping text that renders the drawing notes to not be legible; We have worked on changes to this sheet to improve legibility. The proposed alignment of CR 25 as delineated on the drawing must be removed; Removed Right-of-way on County Road 25 is 60 feet, all locations, thirty feet each side of centerline; As discussed in our meeting, for legibility purposes, right-of-way dimensions are only provided on the Existing Conditions Sheet 2. 0 Page 8 of 11 TETRA TECH Mr. Kim Ogle March 7, 2011 Right-of-way on County Road 64.5 is 80 feet, all locations, forty feet each side of centerline; As discussed in our meeting, for legibility purposes, right-of-way dimensions are only provided on the Existing Conditions Sheet 2. For all roadways delineated on the plats, please identify the Book and Page for the right-of-way. As discussed in our meeting, for legibility purposes, right-of-way book and page information is only provided on the Existing Conditions Sheet 2. Remove topography from sheet. The drawing will be less "busy" and easier to read. Removed Identify in the LEGEND the cross hatched areas from the Phase 5B pond to the river. Typical for sheet. These are the inflow/outflow channels; this symbol has been added to the legend Align all text to read left to right, all places. All text now reads left to right. Text callouts and dimensional callouts must be clear and concise. As discussed in our meeting, the text callouts and dimensional callouts for existing features have been removed to improve the legibility of this sheet (all existing condition information is called out and dimensioned on Sheet 2). Text callouts and dimensional callouts that show up on this sheet for proposed features are legible. Revision Block: Please provide a complete revision list for each amendment per each Sheet typical. The present note of Final Submittal is not complete as there have been several revisions to each Drawing sheet. As we discussed in the meeting, adding the complete history of revisions is not necessary. However, we left the date that was on the plan and added one more. Notes: "All Floodway and Floodplain information is based on map Page No. 6, of the Floodplain Information study, Cache La Poudre River, for the City of Greeley and Weld County dated August 2003 and amended June 2007. Public Works indicates that the amendment has been converted from NAVD 29 to NAVD 88. County requests in writing the conversion factor utilized to make this conversion. Thank you. A note regarding the conversion factor has been added to note 1 on each sheet where it refers to contour elevations being based on NAVD 88. Add a Note #4: A Letter of Map Revision will be obtained from FEMA prior to Reclamation Release from DRMS. Thank you. The DRMS application was already approved and does not have this condition associated with that approval. Therefore, as discussed and agreed upon at our meeting, a note 6 (there is already a note 4) has been added to Sheets 7-9 which states: "A Letter of Map Revision will be obtained from FEMA prior to release of USR-1657. " Landscape Plan— 8 Minimum font size is 8 point; We have increased the font sizes where necessary and, in some cases, deleted small text that wasn't needed on the sheet. Page 9 of 11 it ri lTETRA TECH Mr. Kim Ogle March 7, 2011 In several instances there is overlapping text that renders the drawing notes to not be legible; We have worked on changes to this sheet to improve legibility. The proposed alignment of CR 25 as delineated on the drawing must be removed; Removed Right-of-way on County Road 25 is 60 feet, all locations, thirty feet each side of centerline; As discussed in our meeting, for legibility purposes, right-of-way dimensions are only provided on the Existing Conditions Sheet 2. Right-of-way on County Road 64.5 is 80 feet, all locations, forty feet each side of centerline; As discussed in our meeting, for legibility purposes, right-of-way dimensions are only provided on the Existing Conditions Sheet 2. For all roadways delineated on the plats, please identify the Book and Page for the right-of-way. As discussed in our meeting, for legibility purposes, right-of-way book and page information is only provided on the Existing Conditions Sheet 2. Remove all references to "Conceptual" alignment of CR 25. Removed Remove topography from sheet. The drawing will be less "busy" and easier to read. As decided in our meeting with you, the topography was left on this sheet. Identify in the LEGEND the cross hatched areas from the Phase 5B pond to the river. Typical for sheet. This comment does not apply to this sheet. Align all text to read left to right, all places. All text now reads left to right. Text callouts and dimensional callouts must be clear and concise. As discussed in our meeting, the text callouts and dimensional callouts for existing features have been removed to improve the legibility of this sheet (all existing condition information is called out and dimensioned on Sheet 2). Text callouts and dimensional callouts that show up on this sheet for proposed features are legible. Revision Block: Please provide a complete revision list for each amendment per each Sheet typical. The present note of Final Submittal is not complete as there have been several revisions to each Drawing sheet. As we discussed in the meeting, adding the complete history of revisions is not necessary. However, we left the date that was on the plan and added one more. Notes: "All Floodway and Floodplain information is based on map Page No. 6, of the Floodplain Information study, Cache La Poudre River, for the City of Greeley and Weld County dated August 2003 and amended June 2007. Public Works indicates that the amendment has been converted from NAVD 29 to NAVD 88. County requests in writing the conversion factor utilized to make this conversion. Thank you. A note regarding the conversion factor has been added to note 1 on each sheet where it refers to contour elevations being based on NAVD 88. Page 10 of 11 It TETRA TECH Mr. Kim Ogle March 7, 2011 Add a Note #4: A Letter of Map Revision will be obtained from FEMA prior to Reclamation Release from DRMS. Thank you. The DRMS application was already approved and does not have this condition associated with that approval. Therefore, as discussed and agreed upon at our meeting, a note 6 (there is already a note 4) has been added to Sheets 7-9 which states: "A Letter of Map Revision will be obtained from FEMA prior to release of USR-1657. " Landscape Plan - 9 Minimum font size is 8 point; We have increased the font sizes where necessary and, in some cases, deleted small text that wasn't needed on the sheet. In several instances there is overlapping text that renders the drawing notes to not be legible; We have worked on changes to this sheet to improve legibility. The proposed alignment of CR 25 as delineated on the drawing must be removed; Removed Right-of-way on County Road 25 is 60 feet, all locations, thirty feet each side of centerline; As discussed in our meeting, for legibility purposes, right-of-way dimensions are only provided on the Existing Conditions Sheet 2. Right-of-way on County Road 64.5 is 80 feet, all locations, forty feet each side of centerline; As discussed in our meeting, for legibility purposes, right-of-way dimensions are only provided on the Existing Conditions Sheet 2. For all roadways delineated on the plats, please identify the Book and Page for the right-of-way. As discussed in our meeting, for legibility purposes, right-of-way book and page information is only provided on the Existing Conditions Sheet 2. Remove all references to "Conceptual" alignment of CR 25. This comment does not apply to this sheet. Remove topography from sheet. The drawing will be less "busy" and easier to read. As decided in our meeting with you, the topography was left on this sheet. Identify in the LEGEND the cross hatched areas from the Phase 5B pond to the river. Typical for sheet. These are the inflow/outflow channels; this symbol has been added to the legend. Align all text to read left to right, all places. All text now reads left to right. Text callouts and dimensional callouts must be clear and concise. As discussed in our meeting, the text callouts and dimensional callouts for existing features have been removed to improve the legibility of this sheet (all existing condition information is called out and dimensioned on Sheet 2). Text callouts and dimensional callouts that show up on this sheet for proposed features are legible. Revision Block: Please provide a complete revision list for each amendment per each Sheet typical. The present note of Final Submittal is not complete as there have been several revisions to each Drawing sheet. As we discussed in the meeting, adding the complete history of revisions is not necessary. However, we left the date that was on the plan and added one more. Page 11 of 11 T TETRA TECH Mr. Kim Ogle March 7, 2011 Notes: "All Floodway and Floodplain information is based on map Page No. 6, of the Floodplain Information study, Cache La Poudre River, for the City of Greeley and Weld County dated August 2003 and amended June 2007. Public Works indicates that the amendment has been converted from NAVD 29 to NAVD 88. County requests in writing the conversion factor utilized to make this conversion. Thank you. A note regarding the conversion factor has been added to note 1 on each sheet where it refers to contour elevations being based on NAVD 88. Add a Note #4: A Letter of Map Revision will be obtained from FEMA prior to Reclamation Release from DRMS. Thank you. The DRMS application was already approved and does not have this condition associated with that approval. Therefore, as discussed and agreed upon at our meeting, a note 6 (there is already a note 4) has been added to Sheets 7-9 which states: "A Letter of Map Revision will be obtained from FEMA prior to release of USR-1657. " Landscape Plan Detail Sheet— 10 Revision Block: Please provide a complete revision list for each amendment per each Sheet typical. The present note of Final Submittal is not complete as there have been several revisions to each Drawing sheet. As we discussed in the meeting, adding the complete history of revisions is not necessary. However, we left the date that was on the plan and added one more. Attached is a copy of the revised USR-1657 map for you to review in conjunction with this response letter. We believe that all of the comments related to the USR plat map have been addressed. We will wait to hear from you and then we will print mylars and circulate them for signatures. Sincerely, TETRA TECHNA Pamela Franch Hora, AICP Senior Planner Attachment cc: Tom Parko Clay Kimmi Anne Johnson R V4139_O_9ADocumentsV0SR\Res iem Comments and ResponscsVfmal responseAiesponse to 6 28 JO comments.doc e . Weld County Planning Department GREELEY OFFICE ftetri(ite\ ‘, 1*� MEMORANDUM RECEIVED •CTO: Kim Ogle, Planning Services DATE: June 28, 2O1O O FROM: Clay Kimmi, P.E., CFM, Public Work Ck COLORADO SUBJECT: USR-1657, LaFarge West, Inc— Parsons Mine COMMENTS: — The Weld County Public Works has reviewed this proposal; this project falls primarily under the purview of the Use by Special Review Standards; Weld County Code, Chapter 23, Article 2, Division 4, Section 23. Comments and requirements for other items of concern are left in this memo for consistency and tracking purposes. Our comments and requirements are as follows: Comments made during this stage of the review process will not be all inclusive, as revised materials are submitted other concerns or issues may arise. All issues of concern and critical issues during further review must be resolved with the Public Works Department. COMMENTS: Final Drainage Report: A Final Drainage Report for the Parsons Pit was received by Public Works on June 2, 2010. The report was stamped and signed by Mark Severin, P.E. # 28907. The drainage report appears to be acceptable to Public Works. Slope Stability Study: The applicant has submitted a revised slope stability study that addresses the County's concerns. Access: The City of Greeley and Weld County have come to a consensus on the status of the WCR 64.5 road improvements and the gravel pit access. Traffic Study: On September 24, 2009 an updated traffic study was submitted it was prepared and stamped by Eugene Coppola and appears to be acceptable. Flood Hazard Development Permit: FHDP-529 has been issued as a conditional approval. OUTSTANDING REQUIREMENTS: Improvements Agreement: An improvements :• reement must be finalized and signed prior to recording of the plat. Collateral must be posted for all improvements prior to recording of the plat. Grading Permit: Prior to the issuance of building permits; the applicant must submit a grading permit application which contains a grading plan. sediment and erosion control plan, installation and maintenance notes, seed mix, and a copy of the SWMP the following information must be added to the Grading and Erosion Control Plan: 1. Sheet D-1 — Please include a legend on the map that identifies all line types, symbols, and BMP labels. 2. Sheet D-1 — Please include the invert in and invert out on all culverts. 3. Sheet D-1 — Please provide labels for all buildings. 4. Sheet D-2 — Please revise Grading General Note 7 to remove references to a developer and the Town of Mead. Page 1 of 2 M:\PLANNING - DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1657 Parsons Mine\Review Comments\USR-1657 LaFarge West Parsons Mine Comments 06-28-10.docx 5. Sheet D-2 — Please delete Tetra Tech General Construction. Notes 1 and 2 as they do not apply to the grading and erosion control plan. 6. Sheet D-2 — Please provide installation and maintenance notes for the vehicle tracking pad and silt fence details. 7. Sheet D-2 — Please remove references to the AASHTO #3 Coarse Aggregate. AASHTO #3 Coarse Aggregate is 1 to 2 inch rock. Weld County has found that 1 to 2 inch rock is not sufficient to prevent tracking onto public roads. Construction Drawings: Please provide Public Works with a construction drawing showing the roadway improvements on WCR 64.5 and access improvements. Comments made during this st a a revue cessrrtll e 'lu , = ed teri submitted; .m r c= ,rns. ess i .'rase: A1I ues afaconcein and critical issues-dunng.furtherreview; must b resoWed with the Public Works Department: —stew Original: Kim Ogle,Planning Services PC: USR-1657 CC: Jennifer Vecchi, Vecchi 8 Associates,Inc.P.O.Box 1175,Longmont, CO 80502 Page 2 of 2 M:\PLANNING - DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1657 Parsons Mine Review Comments\USR-1657 LaFarge West Parsons Mine Comments 06-28-10.docx copy 0-4. a r PUBLIC WORKS DEPARTMENT 1111 H STREET, P.O. BOX 758 GREELEY, COLORADO 80632 Weld County Planning Department WEBSITE: WWW.CO.WELD.CO.US mime GREELEY OFFICE PHONE: (970) 356-4000, EXT. 3750 / FAX: (970) 304-6497 .JUN , 1 71010 COLORADO RECEIVED June 9, 2010 Todd Ohlheiser Lafarge West, Inc. 10170 Church Ranch Way Suite 200 Westminster, CO 80021 Re: Flood Hazard Development Permit application (FHDP-529) —Parsons Mine Sand and Gravel Pit along the Cache La Poudre River Dear Mr. Ohlheiser, The Weld County Public Works Department, Planning Services, Building Inspection Department, and Environmental Health Services have reviewed the requested Flood Hazard Development Permit (FHDP) application for the Parsons Mine Sand and Gravel Pit currently under County review as USR- 1657. The current FHDP application is conditionally approved based on the comments and requirements below. COMMENTS Applicant: Todd Ohlheiser Lafarge West, Inc. 10170 Church Ranch Way Suite 200 Westminster, CO 80021 Legal: Generally located in parts of Sections 30 & 31, T6N, R66W and Sections 25 and 26, T6N, R67W, Sixth P.M., Weld County, Colorado Location: Generally located South of and adjacent to CR64.5; West of and adjacent to and East of and adjacent to CR25. FEMA Panels: FIRM #080266-0608D Parcel No's.: 0805-30-000069, 0805-30-000082, 0805-31-000004, 0807-25-000048, & 0807-36- 000037 Department of Planning Services Please refer to the REQUIREMENTS section of this memorandum for specific instructions. Building Department As there are no proposed structures within the 100-year floodplain, the Building Department does not have any comment. Page 1 of 4 M:\PLANNING—DEVELOPMENT REVIEW\FHDP-Flood Hazard Development Permit\529 Parsons Mine\FHDP-529 Parsons Mine Conditional Approval 06-09-10.doc Public Works Department The proposed Parsons Mine Sand and Gravel Pit will be partially located in the 100-year floodplain and floodway of the Cache La Poudre River south of the intersection of Weld CR 64.5 and Weld CR 25. The project site is located on Flood Insurance Rate Map (FIRM) Panel Number 080266-00608D, dated September 27, 1991. Additionally, the 2003 Army Corp of Engineers Study for the Cache La Poudre River which is currently under review by FEMA was utilized. All Special Flood Hazard Areas (SFHAs) for the project site are published on the current effective FIRM as Zone A, indicating that published base flood elevations (BFEs) are not determined. The Corp study includes the floodway analysis and the BFE determinations and has been utilized by the City of Greeley and Weld County as best available information since August, 2003. The Corps study indicates portions of the proposed site are located in a regulatory floodway. All FIRMs and FBFMs are prepared, distributed, managed, and revised by the Federal Emergency Management Agency (FEMA). The FHDP application included several maps, herein referred to as the Maps, for the Parsons Mine Sand and Gravel Pit site. The Maps were prepared by, signed, stamped, and dated by Mark A. Severin (P.E. #28907) of Deere and Ault Consultants, Inc, and is dated May 8, 2008. The entire FHDP application with supporting documentation was initially received by the Public Works Department on May 12, 2008. The application was returned to the applicant with comments on June 10, 2008. The applicant resubmitted the application on June 2, 2010 and includes the following documentation: 1. A cover letter and narrative signed by Mark Severin, P.E. and dated May 28, 2010. 2. A Flood Hazard Development Permit Application signed by Eric Reckentine and dated April 29, 2008. 3. A list of parcels involved in the mine operation. 4. Documentation for the source of legal right to enter. 5. Figure 1 — Mining Conditions showing the Corps modeled 100-year floodplain and floodway with BFEs converted from NGVD-29 to NAVD-88. The map is signed, stamped, and dated May 28, 2010 by Mark A. Severin, P.E. License No. 28907. 6. Figure 2 — Reclaimed Conditions showing the Corps modeled 100-year floodplain and floodway with BFEs converted from NGVD-29 to NAVD-88. The map is signed, stamped, and dated May 28, 2010 by Mark A. Severin, P.E. License No. 28907. 7. Figure 3 — Proposed Alignment of Temporary Conveyors showing the Corps modeled 100- year floodplain and floodway. The map is signed, stamped, and dated May 28, 2010 by Mark A. Severin, P.E. License No. 28907. 8. Figure 3 — HEC-RAS Modeling of Obstructions. The map is signed, stamped, and dated May 28, 2010 by Mark A. Severin, P.E. License No. 28907. The following information was added to the file: 1. GIS Map showing the extents of the Army Corps of Engineers study in relation to the parcels identified above. Development activities located in a FEMA regulatory floodplain or floodway are subject to the requirements of Title 44 of the Code of Federal Regulations (CFR), Parts 60 and 65. The proposed sand and gravel operations will include a temporary modular office structure, sand and gravel processing plant, truck scales, and on-site parking. All of these activities are located outside the FEMA 100-year floodplain delineated on FIRM 080266-00608D and regulatory floodway delineated in the 2003 Corps study. The Maps show that no new structures, equipment, or stockpiles will be located in the floodway. The Maps show several stockpiles and conveyors located within the floodplain. The HEC-RAS modeling submitted with the FHDP application shows that the mining activity will not adversely impact the water Page 2 of 4 M:\PLANNING--DEVELOPMENT REVIEW\FHDP-Flood Hazard Development Permit\529 Parsons Mine\FHDP-529 Parsons Mine Conditional Approval 06-09-10.doc surface elevations. The cover letter states that there will be no permanent or insurable structures in the floodway or flood fringe as part of the mining plan. All material and overburden stockpiles will be located in the flood fringe. The applicant states on the Map notes that the flood hazard development permit will be amended prior to the construction of any conveyors within the 100-year floodplain. Please refer to the Requirements section of this memorandum for specific instructions. Environmental Health Services The application indicates that there will not be any existing or proposed Individual Sewage Disposal Systems (I.S.D.S.) located in the floodplain. Upon review of the Department's records for the five parcel numbers identified, there are no I.S.D.S. associated with any of the parcels. Please refer to the Requirements section of this memorandum for specific instructions. REQUIREMENTS: Department of Planning Services 1. The FW (Floodway) District is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential. No development shall occur in the Floodway District with the exception of floodproofed Agricultural exempt buildings. Agricultural exempt buildings are defined in Chapter 29. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1) 2. Stockpiling of any material in the floodway is also not permitted due to the highly erosional nature of placement of said material in this location. 3. The uses allowed in the FP-1 and FP-2 (Floodprone) Districts shall apply for and receive approval of a Flood Hazard Development Permit. 4. Appropriate anchoring of transient equipment shall be required per established Codes and Ordinances from the appropriate regulatory agency. 5. Installation of utilities shall comply with established Codes and Ordinances from the appropriate regulatory agency. 6. Construction shall comply with all requirements/conditions of the Weld County Building Code. 7. All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. 8. Any future structures or uses on site must obtain the appropriate zoning and building permits. 9. Low water crossings, including access roads, shall not impede floodwaters, potentially adversely impacting downstream properties and/or conditions. Building Department 1. No comments provided. Public Works Department 1. The current FHDP application must be amended for future reclamation development, or for any changes to the current documentation provided in the Report dated May, 2010. 2. An amendment to this FHDP for the reclaimed condition for the Parsons Pit site will be required should the final reclamation plan include fill in either the floodway or the floodplain. 3. Prior to bond release by the Colorado DRMS of mined cells, the applicant shall submit a Letter of Map Revision (LOMR) to FEMA for review and acceptance. The LOMR shall depict the impact of mining activity to the floodplain boundaries, floodway boundaries, and BFEs. 4. Future proposed development activities, as defined by 44 CFR 59.1, occurring in the floodway may not cause any rise in the 100-year BFE, per Weld County Code 23-2-480, and 44 CFR 60.3(d). Page 3 of 4 M:\PLANNING—DEVELOPMENT REVIEW\FHDP-Flood Hazard Development Permit\529 Parsons Mine\FHDP-529 Parsons Mine Conditional Approval 06-09-10.doc 5. Any proposed development activities in the FEMA-defined 100-year floodplain and/or flood fringe may not cause an adverse rise in the BFE on adjacent or upstream properties or structures, as identified in Item 6 of the Floodplain Management Standards on Page 4 of the Weld County FHDP application instructions. Any adverse flooding impacts must be quantified in amended FHDP documentation, clearly identified on pertinent work maps stamped by a registered P.E., and be accompanied by written approval from impacted landowners. 6. Any future proposed stockpiles, berms, levees, or riverbank protection features not identified on the current effective FIRM maps must be approved through the amended FHDP (AmFHDP) process and FEMA's LOMR Process. Future stockpiles, berms, levees, or riverbank protection features will not be allowed in the floodway and will only be allowed in the flood fringe if they are permitted with an AmFHDP and are oriented parallel to the direction of flow in the floodplain. 7. Portable toilets shall not be located in the floodway. Portable toilets located in the flood fringe shall be anchored to resist flotation and lateral forces associated with flood waters. 8. No tanks such as fueling tanks will be allowed in the floodway and tanks placed in the flood fringe will have to be anchored, protected with a fuel containment berm whose top of wall elevation is a minimum of one foot above the BFE, and permitted with an amended FHDP application. 9. Future AmFHDP applications will be subject to the rules and regulations in effect at the time of future application. Environmental Health Services 1. The installation of any septic system within the 100-year floodplain shall comply will the Weld County I.S.D.S. Regulations. 2. No septic systems shall be installed within the floodway. RECOMMENDATIONS: The Weld County Public Works Department recommends conditional approval of this FHDP application, subject to all Comments and Requirements included in this letter. Sincerely, rd t , t II" 1�✓1vt�. Clay Kimmi, P.E., CFM Weld County Public Works Original: Lafarge,Applicant CC to Files: USR-1657 FHDP-529 PC by Post: Mark Severin, P.E., Engineer Kim Ogle, Planning Services Frank Piacentino, Building inspections Dept Lauren Light,Environmental Health Lin Dodge,Planning Services Page 4 of 4 M:\PLANNING—DEVELOPMENT REVIEW\FHDP-Flood Hazard Development Permit\529 Parsons Mine\FHDP-529 Parsons Mine Conditional Approval 06-09-10.doc 1I 0 VECCHI &ASSOCIATES, LLC URBAN PANNING & 'DESIGN P O.Box 1 175 Longmont.co 80502-1175 Phone 303-774-0173 Fax 303-774-0173 VecchiAssociatesgcomcast.net May 28, 2010 Mr. Kim Ogle, Weld County Department of Planning Services 918 10`h Street Greeley, CO 80631 RE: Parsons Mine USR-1657—Satisfaction of Plat Conditions Dear Kim: This letter specifically addresses the satisfaction of all Conditions of Approval required for the Parsons Mine USR— 1657, prior to recording the plat. Following is a summary of each condition followed by an explanation of satisfaction in italics. Supporting documents are attached. Upon the County's review and acceptance, we wish to proceed with finalization and recordation of the plat at your earliest convenience. 1. Prior to recording the plat: A. Section 22-5-100.A of the Weld County Code states, "Oil and gas exploration and production should occur in a manner which minimizes the impact to agricultural uses and the environment and reduces the conflicts between mineral development and current and future surface uses." Section 22-5-100.B of the Weld County Code states, "...encourage cooperation, coordination, and communication between the surface owner and the mineral owner/operators of either the surface or the mineral estate." Section 22-5-100.B.1 of the Weld County Code also states, "New development should be planned to take into account current and future oil and gas drilling activity to the extent oil and gas development can reasonably be anticipated." The applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating the oil and gas activities have been adequately incorporated into the design of the site, or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. Drill envelopes may be delineated on the plat, in accordance with State requirements, as an attempt to mitigate concerns. Surface Use Agreements have been executed with Noble Energy Production, Inc., Tigges Oil, LLC, Petro-Canada Resources, Inc., and Blue Chip Oil, Inc. Executed copies of these agreements are attached. B. County Road 25 is a graded gravel road, annexed in 2009 by the City of Greeley. The existing right-of-way is sixty feet, thirty feet on each side of centerline. All setbacks shall be measured from the edge of future right-of-way. Access, additional right-of-way, and similar road improvements must adhere to the City rl Page 2 of 5 May 28, 2010 j Mr. Kim Ogle of Greeley's requirements. County Road 25 is maintained by the City of Greeley. CtU4 'f 1.14.9 We discussed this condition with Ryan Hollinshead with the City of Greeley and JbQ-I92%csnDt. it was determined that the City of Greeley does not need the USR-1657 plat map to show the reservation of any additional right-of-way for WCR 25 because no additional right-of-way or improvements are needed to serve the proposed mining operation. In addition, the City agrees that all existing right-of-way is shown on USR-1657 and acknowledges that while the existing right—of--way on the south half of the Parsons Mine property is a full 60'wide (30'on each side of the section line), the existing right-of-way on the north half of the property varies in width and is as narrow as 45' wide. In addition, we added a "General City of " -E"{ ✓ Greeley Notes" section to sheet 1 of USR-1657 which includes a note requested T by Ryan that pertains to the use of WCR 25. Please see attached email correspondence between Pam Hora with Tetra Tech and Ryan Hollinshead. County Road 64 ("O" Street) is designated on the Weld County Road Classification Plan as an Arterial road, which requires 140 feet of right-of-way at full buildout. There is presently 0 (zero) feet of right-of-way within the USR- 1657 boundary, therefore 140 feet of right-of-way, to accommodate the conceptual alignment of County Road 64 ("O" Street) right-of-way, is delineated on the plat where it traverses the Parson's Mine site. All setbacks shall be measured from the edge of future right-of-way. The 140 feet for the Conceptual alignment of the O Street ROW has been shown on the USR plans. Please see attached USR-1657 plan set. FV/ D. County Road 64.5 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full buildout. The applicant shall verify the existing right-of-way and documents creating the right- of-way. If the existing right-of-way cannot be verified, it shall be reserved. All setbacks shall be measured from the edge of future right-of-way. The future right-of-way shall be delineated on the plat. Access, additional right-of-way, and similar road improvements must adhere to the City of Greeley's requirements. County Road 64.5 is maintained by Weld County, the City of Greeley, and/or private parties through Road Maintenance Agreements. We discussed this condition with Ryan Hollinhead with the City of Greeley and it was decided that Greeley would like us to show the proposed WCR 64.5 improvements on sheet 6 of USR-1657; however, rather than delineate any future right-of-way for WCR 64.5, they agreed that we should just add the following note to the "General City of Greeley Notes"section on sheet 1 of USR-1657• "Final roadway improvement plans will be prepared, submitted to the City and must be accepted by the City prior to any request for access onto WCR 64.5. For the portion of WCR 64.5 within the City of Greeley, if any additional ROW is required as part of these roadway improvement plans, the full south half of the required ROW,per the City's Master Streets Plan and applicable Streets Design Criteria roadway sections, shall also be dedicated to the City prior to any request for access onto WCR 64.5. " �VI Page3of5 May 28, 2010 0 Mr. Kim Ogle E. The applicant shall adequately address all comments and submit the requested document, as stated in the Department of Public Works referral, dated January 11, 2010. Written evidence of approval by the Department of Public Works must be submitted to the Department of Planning Services. Items to be addressed include,but are not limited to: G(_APf 1) .?An updated Final Drainage Report. 24O4— IA. 2) --An updated Flood Hazard Development Permit. ST4'•US 3) The applicant shall enter into an Improvements Agreement (Long Term Road Maintenance) According to Policy Regarding Collateral for Improvements(Parson Mine,USR-1657). All comments from the Public Works referral have been addressed. The Final Drainage Report and updated Flood Hazard Development Permit are attached. Rich Hastings from the Public Works Department has indicated that he is finalizing a draft of the Improvements Agreement. We are awaiting the draft copy and will work with the County to finalize the agreement as expediently as possible. F. The applicant shall provide a written and recorded ditch crossing, and/or relocation agreement with the Whitney Ditch Company. {J rut.4int; A copy of the "Easement Deed and Agreement and Crossing Agreement" between ebry the Whitney Irrigation Company and Lafarge West, Inc., signed by the Ditch Company, is attached. Lafarge is in the process of obtaining a corporate Once .1 signature and recording the document. A fully executed and recorded copy will N'H be forwarded to you when it is available and the recording information for this document will be added to USR-I 657. f The applicant shall submit a Waste Handling Plan, for approval, to the / Environmental Health Services Division of the Weld County Department of Public Health and Environment. Evidence of approval shall be provided to the I Department of Planning Services. The plan shall include, at a minimum, the ~' following: 1) A list of the wastes which are expected to be generated on the site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on the site. 3) The waste handler and facility where the waste will be disposed of (including the facility name, address, and phone number). Evidence of approval of the Waste Handling Plan is attached. H. The plat shall be amended to delineate the following: 1) Access to County Road 64.5 shall be paved for a width of not less than thirty (30) feet and constructed with adequate turning radii of not less than 50 feet to accommodate two-way traffic, and match the existing grade of County Road 64.5. The pavement shall extend through the scale VI Page4of5 May 28, 2010 Mr. Kim Ogle house/office area or 300 feet minimum, whichever is less, and a small paved parking lot shall be constructed to accompany the facility. Please see Sheet 6 of USR-I657. This sheet shows that the access onto WCR 64.5 will be an asphalt surface. The width of the access varies, but the width at the narrowest point is dimensioned and at 38'wide. Also, as shown on the plan, the turning radii is 60' and will match the existing grade of WCR 64.5. The asphalt surface extends through the scale house/office area and the parking lot is also shown to have an asphalt surface. ./2) The improvements to County Road 64.5, including, but not limited to, turn lanes and associated right-of-way to be obtained. The plat shows the conceptual design of the proposed WCR 64.5 improvements. As discussed in our response to comment ID, the proposed City of Greeley right-of-way is not shown on the plans; however, there is a note that addresses future City of Greeley right-of way needs for WCR 64.5. The note regarding the 10' right-of way reservation requested by Weld County for the portion of WCR 64.5 not annexed into Greeley is still shown on USR-1657. /3) Off-street parking/loading areas, including the access to the scale house from the pit area, shall be surfaced with adequate gravel or pavement, and shall have adequate dust control throughout the approach and loading areas. As shown on sheet 6, the off-street parking/loading area, including access to the scale house from the pit area is proposed to have an asphalt surface. 4) The applicant must provide written evidence from the Whitney Ditch Company of an agreeable easement, appropriately sized and located, to accommodate the ditch and ditch operations. This recorded Ditch Easement shall be delineated on the plat. Attached is a copy of the final version of the Easement Deed and Agreement and Crossing Agreement between the Whitney Irrigation Company and Lafarge that is being circulated for signatures and will be sent for recording. We have referenced this Agreement on USR-1657 and will add the recording information once the Agreement is recorded. A. The applicant must collectively come to an agreement with the Weld County and City of Greeley Departments of Public Works, regarding acceptable design parameters for the access and final road design of County Road 64.5, so that safety concerns are adequately addressed. It is our understanding that Weld County has reached an agreement with the City of Greeley and that they will defer to the City of Greeley for design standards within those portions of County Road 64.5 that have been annexed to the City of Greeley. Pa y285of0 May 28, 2010 Mr. Kim Ogle Thank you for your consideration. Sincerely, VE CHI&ASSOCIATES, C J nnifer E. ecchi, AICP Principal Attachments: Noble Energy, Inc. Surface Use Agreement Tigges Oil, LLC Surface Use Agreement Petro-Canada Resources, Inc. Surface Use Agreement Blue Chip Oil, Inc. Surface Use Agreement Email correspondence with the City of Greeley Final Drainage Report Flood Hazard Development Permit Easement Deed and Agreement and Crossing Agreement (Whitney Irrigation Company) Evidence of approval of Waste Handling Plan Updated and Revised USR-1657 Plans cc: Anne Johnson, Lafarge West, Inc. Clay Kimmi, Weld County Public Works Janet Carter, Weld County Public Works Pam Hora, Tetra Tech Mark Severin, Deere & Ault Consultants, Inc. Steve Sciscione, Tetra Tech G:V&A lafargeParsonsUSRComspondencelCimOgleplatsatisfactiomfcnnditions .r Hora, Pam From: Ryan Hollinshead [Ryan.Hollinshead@Greeleygov.com] Sent: Thursday, May 06,2010 3:27 PM To: Hora,Pam Subject: RE: Satisfaction of Parsons Mine USR-1657 Weld County Conditions of Approval Pam, The email that you have prepared looks good. As long as the note as stated in your email below is on the USR plan,the City is acceptable with Lafarge providing roadway improvement plans and possibly additional ROW, if needed,for WCR 64.5 in the future prior to any request for access. The only addition I would have is in red below(the addition of a"C"in "WR 64.5"). As for additional notes please also add the following as notes to the"General Notes'section: • "Haul route restrictions do apply to this project. No trucks shall travel south on WCR 25 from this site. Signage shall be provided to identify this restriction." • "Prior to any structure being placed or installed within the City's right-of-way for any reason including the proposed conveyor crossings, a revocable permit from the City of Greeley Public Works Department must be applied for,accepted by the City and issued. Note that there are additional requirements that are not listed but must be met in order to obtain a revocable permit. Please see the City's website for more details? With the addition of the two notes above the City is acceptable with what is shown for WCR 25. If there are any other questions or concerns,please let me know. Thanks Ryan Hollinshead,EIT Staff Engineer City of Greeley-Engineering Development Review 1100 loth Street Suite 402 Greeley,CO 80631 Phone: 970.336.4145 Fax: 970.336.4170 Ryan.HoIlinshead@greeteygox.com It's free! Subscribe now so you won't miss the next edition of City Scoop,the City's monthly E-newsletter. From: Hora, Pam [mailto:Pam.Hora@tetratech.com] Sent: Thursday, May 06, 2010 11:41 AM To: Ryan Hollinshead Subject: Satisfaction of Parsons Mine USR-1657 Weld County Conditions of Approval Hi Ryan, As we have discussed, we are working with Lafarge to satisfy Weld County's Conditions of Approval Prior to Recording the Parsons Mine USR-1657 plat. There are three conditions that specifically concern satisfying the requirements of the City of Greeley. Below is a listing of the three conditions followed by how Lafarge will satisfy each condition in order to adhere to the requirements of the City of Greeley. Please review the information and then send me an email response to confirm your agreement with our responses or to let me know if other steps need to be taken to satisfy the requirements of the City of Greeley. I will then provide a copy of this email and your response to Weld County as proof that we have adequately addressed these three Conditions as they relate to the requirements of the City of Greeley. 1B. County Road 25 is a graded gravel road annexed in 2009 by the City of Greeley. The existing right-of-way is sixty feet,thirty feet each side of the centerline. All setbacks shall be measured from the edge of future right-of-way. Access,additional right-of-way,and similar road improvements must adhere to,the City of Greeley requirements. County Road 25 is maintained by the City of Greeley. Per our discussions,the City of Greeley does not need the USR-1657 plat map to show the reservation any additional right-of-way for CR25 because no additional right-of-way or improvements are needed to serve the proposed mining operation. In addition,acknowledges that all existing right-of-way is shown on USR-1657; however,it should be noted that while the existing right-of-way on the south half of the property is a full 60' wide(30'on each side of the section line), the existing right-of-way on the north half of the property varies and is as narrow as 45'wide. The reason that this portion of the right-of-way is not the standard 60'width is because this section of CR 25 does not straddle the section line; instead,the section line is approximately 175' west of the west edge of the CR 25 right-of-way line. If Greeley would like us to add a note to the plat regarding steps that must be taken to ensure that USR-1657 adheres to City of Greeley requirements for CR25, please let me know. 10.County Road 64.5 is designated on the Weld County Road Classification Plan as a collector road,which requires 80 feet of right-of-way at full buildout. The applicant shall verify the existing right-of-way and documents creating the right-of-way. If the existing right-of-way cannot be verified, it shall be reserved. All setbacks shall be measured from the edge of the future right-of-way. The future right-of-way shall be delineated on the USR Plat. Access,additional right-of-way,and similar road improvements must adhere to the City of Greeley requirements. County Road is maintained by Weld County,the City of Greeley,and/or private parties through road maintenance agreements. 1H2.The plat shall be amended to delineate the following:The improvements to County Road 64.5 including but not limited to turn lanes and associated right-of-way to be obtained shall be delineated. Per our discussions and your request, the proposed turn lane improvements will be shown on sheet 6 of USR- 1657. However, rather than delineate any future ROW for 64.5 on USR-1657 (for the portion of CR 64.5 within the City of Greeley),we will add the following note: "Final roadway improvement plans will be prepared, submitted to the City and must be accepted by the City prior to any request for access onto WCR 64.5. For the portion of WCR 64.5 within the City of Greeley,if any additional ROW is required as part of these roadway improvement plans, the full south half of the required ROW, per the City's Master Streets Plan and applicable Streets Design Criteria roadway sections, shall also be dedicated to the City prior to any request for access onto WCR 64.5." We will create a "General Notes"section on sheet 1 of USR-1657 to add the note regarding WCR 64.5. If you request a note on behalf of Greeley regarding CR 25, it also will be added to this same"General Notes" section. Thank you for your consideration and I look forward to hearing from you regarding satisfaction of these three Conditions of Approval. Feel free to call me if you have any questions or need clarification about anything. Sincerely, Pam Hora Pamela Franch Hora,AICP I Senior Planner Direct:720.864.4507 ) Office:303.772.5282 I Fax: 303.772.7039 pam.hora@tetratech.com Tetra Tech, Inc. I Engineering and Architecture Services 1900 S.Sunset Street,Suite 1-F I Longmont,CO 80501 I www.tetratech.com 2 PLEASE NOTE: This message,including any attachments,may include privileged,confidential and/or inside information. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recipient,please notify the sender by replying to this message and then delete it from your system. 3 0 'Mtar,nlnG (_) • • • • FINAL DRAINAGE REPORT • FOR • • PARSONS MINE • • • • &uric)( • Lid ow • • Prepared for: • LAFARGE WEST, INC. • 10170 Church Ranch Way, Suite 200 • Westminster, Colorado 80021 • • • D&A Job No: CG-0138.013.00 • • • December 2009 • Revised May 2010 • • • I JUN 22010 • • • • • • • DEERE & AULT • CONSULTANTS, INC. • 600 South Airport Road, Suite A-205 Longmont. CO 80503 • (303)651-1468 • Fax(303)651-1469 • • • FINAL DRAINAGE REPORT FOR PARSONS MINE CERTIFICATION I hereby certify that this report (plan) for the final drainage design of the Parsons Mine was 1111111 prepared by me (or under my direct supervision) in accordance with the pro hi}'�sA bi3Veld County Storm Drainage Criteria for the owners thereof. �� RP •••.,b�s!F�G� : • 8907 •: W Mark A. Severm 4,,�S/ ,...•E`a�,; Registered Professional% 4 p1\\" State of Colorado No. 28907 (seal) TABLE OF CONTENTS Page INTRODUCTION 1 Purpose and Scope of Study 1 Site Conditions 1 DRAINAGE BASIN AND SUBBASINS 2 Major Basin Description 2 Subbasin Description 2 DESIGN CRITERIA 5 Design Criteria and Constraints 5 Hydrologic Criteria 5 Hydraulic Criteria 5 HYDROLOGIC RESULTS 6 Existing Conditions 6 Phase 1 Mining Conditions 7 Reclaimed Conditions 10 Comparison of Existing, Mining, and Reclaimed Conditions 14 EROSION CONTROL 15 SAFETY HAZARDS 15 RECLAIMED CONDITIONS 16 CONCLUSIONS 16 Compliance with Standards 16 Drainage Concept 16 REFERENCES 17 List of Figures Figure 1 Vicinity Map Figure 2 Historical Basin Subbasins List of Exhibits Exhibit 1 Existing Drainage Conditions Exhibit 2 Phase 1 Mining Drainage Conditions Exhibit 3 Reclaimed Drainage Conditions Exhibit 4 Phase 1 Erosion Control Plan - i - anal Dram.,� Rcoon eon. List of Appendices Appendix A Reference Material Appendix B Calculations Appendix C Adjacent Property Ownership Appendix D Grading and Erosion Control Plan - ii - Final Dialnaee Report doc' INTRODUCTION The Parsons Mine property is located in the East %2 of the Southeast '/o of Section 25, Township 6 North, Range 67 West of the 6th PM; in the West 1/2 of the Southwest '/a of Section 30, Township 6 North, Range 66 West of the 6th PM; in the Northeast % of Section 36, Township 6 North, Range 67 West of the 6th PM; and in a portion of the Northwest % of Section 31, Township 6 North, Range 66 West, of the 6th PM. The site is directly south of Weld County Road 6412 and Weld County Road 25 bisects the property. The property contains a significant commercial deposit of sand and gravel located near the Cache La Poudre River. The majority of the site lies to the north of the Cache la Poudre River with a small portion to the south of the river in Section 36. There are several existing gravel mine operations in the project area. The Parsons Mine construction is granted by the Colorado Division of Reclamation, Mining and Safety (DRMS) permit (File Number M-2007-088). Purpose and Scope of Study This report has been prepared to document the results of a hydrologic analysis of existing, mining, and reclamation conditions of the project. Site Conditions Figure 1 is a vicinity map showing the site and surrounding area. The permit boundary will encompass approximately 381 acres, with mining activities anticipated to disturb approximately 203 acres of the site. The remaining unmined acres will be used for overburden and topsoil stockpiles, offsets from existing structures, property lines and waterways, and internal road and conveyor access. The irregularly shaped parcel is relatively flat and low lying in the greater floodplain of the Cache la Poudre River. The portion of the site to the south of the Cache la Poudre River is entirely within the jurisdictional 100-year floodplain. Approximately half of the site to the north of the Cache la Poudre River is within the 100-year floodplain. Agricultural uses surround the property with the exception of some reclaimed gravel mining ponds that are southeast of the property. The site has been drilled during sampling episodes from March of 2002 to April of 2007, and testing has been performed to verify the sand and gravel deposits are commercially marketable. Overburden exists to an average depth of approximately 7 feet over the entire site. All overburden needed for the construction of the final reclamation slopes will remain on-site. The average depth of sand and gravel is 13 feet across the site and mining at the site is intended to progress down to bedrock. The groundwater level lies approximately 5 to 15 feet below natural ground level, on average. The deposit is therefore classified as a wet alluvial deposit. However, mining operations will be carried out following dewatering. The site is owned by Lafarge West Inc.; Livingston Leigh Livestock of Weld County, LLC; and Sally A. Parsons. Lafarge has an option to purchase Sally A. Parsons' property and they have a lease to mine the Livingston Leigh Livestock of Weld County, LLC property. The mineral rights in the portions of the site that fall in Section 36 are owned by the Colorado State Board of Land - 1 - Final Drainage Report dec Commissioners. This affects portions of the land owned Sally A. Parsons and Livingston Leigh Livestock of Weld County, LLC. For the names of all property owners and those within 200 feet of the Parsons Mine property boundary see Appendix C. The site has historically been used as irrigated agricultural land and rangeland with approximately 98 percent pervious cover. On-site soils are 14 percent, 53 percent, 7 percent, and 26 percent Hydrologic Soil Groups A, B, C, and D, respectively according to the Soil Survey for Weld County, Colorado, Southern Part by the Soil Conservation Service (Appendix A). Portions of the site are within a Zone A floodplain according to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) Community-Panel No. 080266- 0608-D, dated September 27, 1991 (Appendix A). The Corps of Engineers completed a Flood Insurance Study in October 2003 for the Cache la Poudre River in the vicinity of the Parsons site. This study is currently under review by FEMA but has not yet become the effective study. For the purposes of this Flood Hazard Development Permit, the 100-year floodplain and floodway boundaries of this pending study will be adopted as the best available information. The 100-year toodplain, floodway, and Base Flood Elevations (BFEs) are shown on the FIRMette presented in Appendix A. All elevations shown on Exhibit 1 through Exhibit 4 reference NAVD88 as the vertical datum. The conversion from NGVD29 to NAVD88 is an addition of 2.99 feet. DRAINAGE BASIN AND SUBBASINS Major Basin Description The Parsons Mine site is located in the lower portion of the Bracewell Basin. The Bracewell Basin is an unstudied basin that is located east of the Law Basin and west of the Coal Bank Creek Basin. Subbasin Description The existing drainage conditions at the Parsons Mine site are presented in Figure 1 and Exhibit 1. The existing historical drainage conditions were modeled as nine subbasins, H1 through H9. All the subbasins, with the exception of Subbasin H9, return storm water directly to the Cache la Poudre River once leaving the Parsons Mine site. Subbasin H9 passes storm water onto an adjacent property to the east. Portions of the site have historically been irrigated from the Whitney Ditch. All laterals on the site will be abandoned for both mining and reclamation phases of this project. Each existing drainage subbasin is described in more detail below. Subbasin HI contains approximately 194 acres. The boundary extends from the north bank of the Cache la Poudre River in the southwest corner of the property north to the slough that runs through the property then northwestwards to the Whitney Ditch near its intersection with WCR 23 and from the intersection of the property with the Cache la Poudre River northwestwards to the Whitney Ditch near its intersection with WCR 23. The divide for drainage entering the slough provided the - 2 - Final Dralnee Report don eastern boundary of this subbasin. The subbasin encompasses most of the Northwest One-Quarter of the Northeast One-Quarter of Section 36, and the Southeast One-Quarter of Section 25. The slope is generally between 0.5 percent and 2.0 percent with a subbasin average of 0.8 percent. Storm water drains from northwest to southeast as overland flow and returns to the Cache la Poudre River as such. The subbasin has historically been used as cropland and contains two farmsteads. Subbasin H2 contains approximately 159 acres. The boundary begins at the culvert under WCR 25 and follows the slough along its southern extent to the boundary with Subbasin Hl. The centerline of WCR 25 forms the eastern boundary and the Whitney Ditch forms the northern boundary. The subbasin is generally located in the Southeast One-Quarter of Section 25. The slope is generally between 0.5 percent and 4.0 percent with a subbasin average of 1.2 percent. Storm water drains from north to south and is collected in a slough on the southern subbasin boundary. The water is then conveyed to the Cache la Poudre River via a deep cut channel after passing through a 30 inch culvert under WCR 25. Subbasin H3 contains approximately 196 acres. The boundary extends from the south bank of the Cache la Poudre River in the southwest corner of the property south along an ancient meander of the Cache la Poudre River up a prominent ridge out of the floodplain, then west along the rim of the floodplain, turning back north into the floodplain to make its way back to the point where the property intersects the Cache la Poudre River. The subbasin is generally located in the East One- Half of the Southwest One-Quarter and the West One-Half of the Southeast One-Quarter of Section 36 and the Northwest One-Quarter of the Northeast On-Quarter of Section 1. The slope is generally between 0.5 percent and 25.0 percent with a subbasin average of 7.8 percent. Storm water drains from south to north and is collected in a series of gullies that open up to either overland flow within the flood plain or to the ancient meander of the river and returned to the Cache la Poudre River. Subbasin H4 contains approximately 97 acres. The Cache la Poudre River bike trail forms the northern boundary of the subbasin except for a small area along WCR 25 where the basin crosses the bike trail to return to the Cache la Poudre River. From the bike trail, the basin follows the ancient meander bounding Subbasin H3 to the rim of the floodplain then turns east to the next prominent ridge where it courses northeast to WCR 25. The subbasin is generally located in the East One-Half of the Southeast One-Quarter of Section 36 and the Northeast One-Quarter of the Northeast One-Quarter of Section 1. The slope is generally between 0.5 percent and 20.0 percent with a subbasin average of 5.0 percent. Storm water drains from south to north and is collected in a series of gullies that open up to overland flow within the flood plain and returned to the Cache la Poudre River near the intersection of WCR 25 and the Cache la Poudre River. Subbasin H5 contains approximately 28 acres. The ancient river meander, the Cache la Poudre River, and the Cache la Poudre River bike trail form the boundaries of this subbasin. The subbasin is generally located in the South One-Half of the Northeast One-Quarter of Section 36. The slope is generally less than 0.1 percent with a subbasin average of 0.07 percent. Storm water drains from southwest to northeast as overland flow and returned to the Cache la Poudre River as such. Subbasin H6 contains approximately 57 acres. The boundary begins at the intersection of WCR 25 and the Cache la Poudre River courses west along the north bank of the river to the intersection with the divide between Subbasins H1 and H6, then north to the slough in Subbasin H2, then east to the centerline of WCR 25 which forms the eastern boundary. The subbasin is generally located in the - 3 - final Drnlwyc Ripon dot, East One-Half of the Northeast One-Quarter of Section 36. The slope is generally between 0.2 percent and 1.5 percent with a subbasin average of 0.5 percent. Storm water drains from west to east as overland flow, is collected in the borrow ditch along WCR 25 and returned to the Cache la Poudre River. Subbasin H7 contains approximately 22 acres. The boundary extends from the intersection of WCR 25 and the Cache la Poudre River east along the north bank of the river to the west bank of the deep cut channel which drains the slough in Subbasin H2 then north along the channel to it intersection with WCR 25 and then along the centerline of WCR 25 which forms the western boundary. The subbasin is generally located in the West One-Half of the Northwest One-Quarter of Section 31. The slope is generally between 0.2 percent and 1.5 percent with a subbasin average of 0.4 percent. Storm water drains from northwest to southeast as overland flow and is returned to the Cache la Poudre River as such. Subbasin H8 contains approximately 85 acres. The boundary begins at the intersection of the eastern property line and the Cache la Poudre River and courses west along the north bank of the river to the deep cut channel draining Subbasin H2, north along the channel to the centerline of WCR 25, north along WCR to the Whitney Ditch, east along the Whitney Ditch, and then turns south to follow a divide that separates drainage that leaves the property to the neighboring lands and drainage that returns to the Cache la Poudre River directly from the property. The subbasin is generally located in the Southwest One-Quarter of Section 30 and the North One-Half of the Northwest One-Quarter of Section 31. The slope is generally between 0.5 percent and 3.3 percent with a subbasin average of 1.0 percent. Storm water drains from north to south as overland flow and is returned to the Cache la Poudre River as such. Subbasin H9 contains approximately 25 acres. The boundary follows the eastern boundary of the property and the basin divide with Subbasin H8. The subbasin is generally located in the East One- Half of the Southwest One-Quarter of Section 30. The slope is generally between 0.5 percent and 2.0 percent with a subbasin average of 1.7 percent. Storm water drains from northwest to southeast as overland flow and leaves the property as such. Drainage conditions during mining were considered for Phase 1 of the mining plan. Subsequent phases result in a similar condition for each phase. Water captured by the mining area will be pumped from the pit and discharged to an abandoned concrete-lined irrigation lateral, one of the sloughs, or the Cache la Poudre River. At the close of each phase, reclamation of the completed mining phase will coincide with the mining of the subsequent phase. Phase 1 of the mining drainage conditions was modeled as 14 subbasins, P1-1 through P1-14, affecting the historical basins H2, H8, and H9, as shown on Exhibit 2. The remaining historical basins are unaffected by Phase 1 and will remain undisturbed. Each phase of the Parsons Mine site will be reclaimed immediately following the completion of the mining and will precede concurrent with mining operations in subsequent phases. The reclaimed drainage conditions were modeled as 18 subbasins, RBI through RBI8, as shown on Exhibit 3. All the basins return to the historical discharge points unless captured by open water ponds left by the reclamation process. - 4 - PL,aI Draraauc Rrnum doc. DESIGN CRITERIA Design Criteria and Constraints This report complies with technical criteria set forth in the Weld County Storm Design Criteria and the Urban Storm Drainage Criteria Manual, Volumes 1, 2, and 3, by the Urban Drainage and Flood Control District. As previously discussed, the Parsons Mine site lies within the Bracewell Basin and previous drainage studies and/or master plans have not been developed for this basin. The constraints related to mining and reclamation of the Parsons Mine site deal primarily with mining setbacks from property boundaries, wetlands, floodway boundaries, critical wildlife habitats, and existing gas/oil wells. During mining phases, temporary topsoil and overburden stockpiles will be constructed adjacent to the mined areas. These temporary stockpiles will be located outside of the floodway boundaries and oriented parallel to the direction of overbank flow. Upon completion of the reclamation phase of the project, all temporary stockpiles will be removed and final grading within the limits of the 100-year floodplain will be to an elevation at or below pre-mining grades. Hydrologic Criteria The rational method has been used to estimate peak stormwater runoff for the 100-year, 10-year, and 5-year storm return periods for subbasins with drainage areas of 160 acres or less. Runoff from subbasins with drainage areas greater than 160 acres was estimated using the Colorado Urban Hydrograph Procedure (CUHP). Supporting calculations are provided in Appendix B. Rainfall intensity-duration-frequency data is based on information provided in the City of Greeley Storm Drainage Design Criteria and Construction Specification Document. The 5-year, 10-year, and 100- year 1-hour storms have magnitudes of 1.49 inches, 1.76 inches, and 2.78 inches, respectively. Hydraulic Criteria During the mining phases of this project, direct precipitation on the mined areas and runoff from minor on-site subbasins will be captured in the mining areas. A dewatering trench and dewatering pump will be utilized to remove this captured runoff from the mining areas. If necessary, discharge permits will be obtained for each of these dewatering discharge points to allow discharge to the natural drainageways. The runoff from the site is dramatically reduced after reclamation is completed as compared with the existing conditions. The unlined reclaimed ponds will capture and attenuate surface runoff that historically flowed across the parcels. Existing natural drainageways will remain undisturbed. For reclamation, there are no proposed hydraulic components such as conveyance channels, rundown channels, culverts, grade control structures, or detention outlets. Each of the unlined ponds will be constructed with an outlet pipe installed to maintain the normal pool elevation. - 5 - Final nramage Repnn Loa HYDROLOGIC RESULTS Existing Conditions The CUHP2005 computer program was used to model subbasins H 1 and H3. These basins exceed the 160-acre limitation of the rational method. Design storm 1-hour depths of 1.04, 1.49, 1.76, 2.51, and 2.78 inches were entered for the 2, 5, 10, 50 and 100-year storm events, respectively. Maximum depression storage depths and infiltration rates were based on SCS soil type and land use. These values are available in the City of Greeley Storm Drainage Design Criteria and Construction Specification document. Peak runoff values from all subbasins with drainage areas less than 160 acres were calculated using the rational method. The peak runoff results for the 100- year storm events are discussed below. All CUHP and rational method calculations for all storm events are provided in Appendix B. Subbain H 1 has an area of 194 acres. The imperviousness of the subbasin is 2 percent per the historical flow analysis entry in Table RO-3 of the Urban Storm Drainage Criteria Manual (USDCM) since the subbasin is predominately cropland. CUHP calculated a 100-year peak runoff of 203 cfs occurring at a time of concentration of 24.3 minutes. Subbasin H 1 returns to the Cache la Poudre River through overland flow. Subbasin H2 is predominately cropland with an area of 159 acres and an imperviousness of 2 percent. Based on the runoff equation in the USDCM, the runoff coefficient was calculated to be 0.400 for the 100-year storm. A time of concentration of 162 minutes would result in a 100-year rainfall intensity of 1.39 inches per hour. Applying the rational method produced a peak runoff of 87.9 cfs. Subbasin H2 collects in a slough and returns to the Cache la Poudre River via a deep cut channel. Subbasin 143 is predominately open grassland with an area of 196 acres and an imperviousness of 2 percent. CUHP calculated a 100-year peak runoff of 283 cfs occurring at a time of concentration of 18.1 minutes. Subbasin H3 collects in a series of gullies which open up into a lake or overland flow which eventually returns to the Cache la Poudre River via an ancient meander of the river which now serves as a slough. Subbasin H4 is predominately open grassland and cropland with an area of 97 acres and an imperviousness of 2 percent. The runoff coefficient was calculated to be 0.459 for the 100-year storm. A time of concentration of 62 minutes would result in a 100-year rainfall intensity of 2.75 inches per hour. Applying the rational method produced a peak runoff of 122.1 cfs. Subbasin H4 collects in a series of gullies which open up to overland flow which returns to the Cache la Poudre River as such. Subbasin H5 is entirely cropland with an area of 28 acres and an imperviousness of 0 percent. The runoff coefficient was calculated to be 0.463 for the 100-year storm. A time of concentration of 139 minutes would result in a 100-year rainfall intensity of 1.55 inches per hour. Applying the rational method produced a peak runoff of 20.2 cfs. Subbasin H5 returns to the Cache la Poudre River as overland flow. - 6 - [mai Mainaue Repoli doc. Subbasin H6 is entirely grassland with an area of 57 acres and an imperviousness of 0 percent. The runoff coefficient was calculated to be 0.329 for the 100-year storm. A time of concentration of 173 minutes would result in a 100-year rainfall intensity of 1.32 inches per hour. Applying the rational method produced a peak runoff of 24.7 cfs. Subbasin H6 returns to the Cache la Poudre River as overland flow and a borrow ditch along WCR 25. Subbasin H7 is entirely grassland with an area of 22 acres and an imperviousness of 0 percent. The runoff coefficient was calculated to be 0.254 for the 100-year storm. A time of concentration of 93 minutes would result in a 100-year rainfall intensity of 2.07 inches per hour. Applying the rational method produced a peak runoff of 11.4 cfs. Subbasin H7 returns to the Cache la Poudre River as overland flow. Subbasin H8 is entirely cropland and grassland and has an area of 85 acres and an imperviousness of 0 percent. The runoff coefficient was calculated to be 0.365 for the 100-year storm. A time of concentration of 114 minutes would result in a 100-year rainfall intensity of 1.79 inches per hour. Applying the rational method produced a peak runoff of 55.4 cfs. Subbasin H8 returns to the Cache la Poudre River as overland flow. Subbasin H9 is entirely cropland and grassland with an area of 25 acres and an imperviousness of 0 percent. The runoff coefficient was calculated to be 0.416 for the 100-year storm. A time of concentration of 51 minutes would result in a 100-year rainfall intensity of 3.13 inches per hour. Applying the rational method produced a peak runoff of 32.5 cfs. Subbasin H9 passes overland flow drainage to the neighboring property to the east. Phase 1 Mining Conditions Phase 1 of the mining plan represents the initial phase of five planned phases. The processing plant and the silt storage pond created in Phase 1 will remain for all later phases of mining. The use of temporary topsoil and overburden stockpiles around the perimeter of the mining area in Phase 1 is typical of the procedure used in later phases. Mined regions are reclaimed using the temporary topsoil and overburden stockpiles at the end of each phase. Conveyors across WCR 25 and the Cache la Poudre River will be used to move mined materials to the processing plant. Lafarge anticipates mining and reclaiming the site in approximately 20 years; however, the rate of mining and overall life of the mine is dependent upon demand and market conditions. Subbasin P1-1 has an area of 11.4 acres. The imperviousness of the subbasin is 15 percent since the subbasin will be under mining operations. Based on the runoff equation in the USDCM, the runoff coefficient was calculated to be 0.435 for the 100-year storm. A time of concentration of 212 minutes would result in a 100-year rainfall intensity of 1.13 inches per hour. Applying the rational method produced a peak runoff of 5.6 cfs. Subbasin P1-1 collects in the irrigation lateral along the east side of WCR 25 and discharges to the Cache la Poudre River via the natural drainage on the southern end of the property and contributes flow to DP8. This concrete lined irrigation lateral (illustrated in Photo 1 and Photo 2) will be abandoned when the mining commences and will be available to convey storm runoff and dewatering discharges. - 7 - Final DI dinawc Report docv ;4 01 • " _ ra • .ate. ti • , : l. Photo 1 . Existing concrete lined irrigation lateral along the east side of WCR 25 (looking northward towards WCR 64 %2). • • u Photo 2. Existing concrete lined irrigation lateral along the east side of WCR 25 (looking southward). - 8 - Final Drainage Reportdocx Subbasin P1-2 has an area of 2.7 acres. The imperviousness of the subbasin is 15 percent since the subbasin will be under mining operations. The runoff coefficient was calculated to be 0.435 for the 100-year storm. A time of concentration of 51 minutes would result in a 100-year rainfall intensity of 3.13 inches per hour. Applying the rational method produced a peak runoff of 3.7 cfs. Subbasin P1-2 collects runoff in a drainage swale along the north side of the stockpile berms that directs this runoff into the mined cell. Water collected in the mine will be pumped into a drainage swale and conveyed to the Cache la Poudre River. The storm water capture reduces flow at DP8. Subbasin P1-3 has an area of 37 acres and is completely captured within the gravel mine and thus the peak flow was not calculated. Water collected in the mine will be pumped into a drainage swale and conveyed to the Cache la Poudre River. The storm water capture reduces flow at DP8. Subbasin P1-4 has an area of 13 acres and is completely captured within the gravel mine and thus the peak flow was not calculated. Water collected in the mine will be pumped into the Cache la Poudre River. The storm water capture reduces flow at DP8. Subbasin P1-5 has an area of 11 acres and is completely captured within the gravel mine and thus the peak flow was not calculated. Water collected in the mine will be pumped into the Cache la Poudre River. The storm water capture reduces flow at DP8. Subbasin P1-6 has an area of 3.5 acres. The imperviousness of the subbasin is 0 percent since the subbasin will be unaffected by the gravel operations and will remain as grassland. The runoff coefficient was calculated to be 0.365 for the 100-year storm. A time of concentration of 33 minutes would result in a 100-year rainfall intensity of 4.12 inches per hour. Applying the rational method produced a peak runoff of 5.3 cfs. Subbasin P1-6 returns to the Cache la Poudre River as overland flow and contributes flow to DP8. Subbasins P1-7 and P1-8 have a combined area of 9.5 acres. The imperviousness of each subbasin is 15 percent since the subbasins will be under mining operations. The runoff coefficient was calculated to be 0.452 for the 100-year storm. A time of concentration of 29 minutes would result in a 100-year rainfall intensity of 4.45 inches per hour. Applying the rational method produced a combined peak runoff of 19.2 cfs. Subbasins P1-7 and P1-8 are captured in Phase IA Pond and Phase IB Pond. The storm water capture reduces flow at DP8. Subbasin P1-9 has an area of 1.4 acres. The imperviousness of the subbasin is 10 percent since the subbasin will be used only for temporary stockpiles. The runoff coefficient was calculated to be 0.416 for the 100-year storm. A time of concentration of 9 minutes would result in a 100-year rainfall intensity of 7.83 inches per hour. Applying the rational method produced a peak runoff of 4.6 cfs. Subbasin P1-9 is routed off the property as sheet flow along the entire length of the temporary stockpile berm and contributes flow to DP9. Subbasin P1-10 has an area of 6 acres and is completely captured within the gravel mine and thus the peak flow was not calculated. Water collected in the mine will be pumped into a drainage swale and conveyed to the Cache la Poudre River. The storm water capture reduces flow at DP9. - 9 - I mai o,am„ge xwot?do<. Subbasin P1-11 has an area of 9 acres and is completely captured within the gravel mine and thus the peak flow was not calculated. Water collected in the mine will be pumped into the Cache la Poudre River. The storm water capture reduces flow at DP9. Subbasin P1-12 has an area of 2.1 acres. The imperviousness of the subbasin is 5 percent since the subbasin will be partially under mining operations and partially unaffected. The runoff coefficient was calculated to be 0.439 for the 100-year storm. A time of concentration of 27 minutes would result in a 100-year rainfall intensity of 4.64 inches per hour. Applying the rational method produced a peak runoff of 4.3 cfs. Subbasins P1-12 is captured in Phase IC Pond. The storm water capture reduces flow at DP9. Subbasin P1-13 has an area of 2 acres and is completely captured within the gravel mine and thus the peak flow was not calculated. Water collected in the mine will be pumped into the Cache la Poudre River. The storm water capture reduces flow at DP9. Subbasin P1-14 is predominately cropland with an area of 159 acres. The imperviousness of the subbasin is 2 percent. A portion of the basin will be used for temporary stockpiles, but these will have an insignificant affect on the imperviousness. The runoff coefficient was calculated to be 0.400 for the 100-year storm. A time of concentration of 162 minutes would result in a 100-year rainfall intensity of 1.39 inches per hour. Applying the rational method produced a peak runoff of 87.9 cfs. Subbasin P1-14 collects in a slough and returns to the Cache la Poudre River via a deep cut channel. Reclaimed Conditions This site will be mined and reclaimed to create a diverse, stable, and sustainable environment. There are significant opportunities to enhance wildlife habitat and the natural aesthetics of the Cache la Poudre River riparian corridor. The reclamation plan is designed to accommodate these opportunities. Existing riparian vegetation and wetlands have been identified and will be monitored and protected through mining and reclamation. Mining activities will be set back an appropriate distance from all areas designated for preservation. A combination of open water ponds, wetlands, and upland pastures will be created by the mining and reclamation process. Creative use of materials generated by mining and processing operations will enhance and complement the existing riparian corridor. Silts will be used to form diverse silt basin wetlands. Excess overburden will be used to vary the shape and slopes of the finished unlined ponds. Native and adaptive plantings and ground covers will be used to restore and enhance all areas disturbed by mining activities. Subbasin RB 1 will be predominately grassland with an area of 134 acres. The imperviousness of the subbasin is 2 percent. Based on the runoff equation in the USDCM, the runoff coefficient was calculated to be 0.358 for the 100-year storm. A time of concentration of 153 minutes would result in a 100-year rainfall intensity of 1.45 inches per hour. Applying the rational method produced a peak runoff of 69.5 cfs. Runoff is routed through Subbasin RB 1 as overland flow. Subbasin RB I returns to the Cache la Poudre River as overland flow at DPI. - 10 - Final D,a ttaoe Repair doer Subbasin RB2 will be predominately grassland with an area of 45 acres. The imperviousness of the subbasin is 2 percent. The runoff coefficient was calculated to be 0.401 for the 100-year storm. A time of concentration of 95 minutes would result in a 100-year rainfall intensity of 2.04 inches per hour. Applying the rational method produced a peak runoff of 36.9 cfs. Subbasin RB2 would be captured by Pond 4C and would no longer contribute runoff to DP1. Elimination of Subbasin RB2 runoff from contributing to DPI is the major cause of the reduction from the historical peak flow rate of 203.0 cfs down to the reclaimed peak flow rate of 69.5 cfs. Subbasin RB3 will be predominately grassland with an area of 107 acres. The imperviousness of the subbasin is 2 percent. The runoff coefficient was calculated to be 0.418 for the 100-year storm. A time of concentration of 156 minutes would result in a 100-year rainfall intensity of 1.43 inches per hour. Applying the rational method produced a peak runoff of 63.5 cfs. Subbasin RB3 collects in a natural slough and returns to the Cache la Poudre River via a deep cut channel at DP2. Subbasin RB4 will be predominately grassland with an area of 38 acres. The imperviousness of the subbasin is 2 percent. The runoff coefficient was calculated to be 0.362 for the 100-year storm. A time of concentration of 105 minutes would result in a 100-year rainfall intensity of 1.90 inches per hour. Applying the rational method produced a peak runoff of 26.1 cfs. Subbasin RB4 would be captured by Pond 2A and would no longer contribute runoff to DP2. Elimination of Subbasin RB4 runoff from contributing to DP2 is the major cause of the reduction from the historical peak flow rate of 87.9 cfs down to the reclaimed peak flow rate of 63.5 cfs. Subbasin RB5 will be predominately grassland with an area of 52 acres. The imperviousness of the subbasin is 0 percent. The runoff coefficient was calculated to be 0.362 for the 100-year storm. A time of concentration of 89 minutes would result in a 100-year rainfall intensity of 2.14 inches per hour. Applying the rational method produced a peak runoff of 40.5 cfs. Subbasin RB5 would be captured by Pond 1B and would no longer contribute runoff to DP8. Subbasin RB6 will be predominately grassland with an area of 28 acres. The imperviousness of the subbasin is 0 percent. The runoff coefficient was calculated to be 0.369 for the 100-year storm. A time of concentration of 85 minutes would result in a 100-year rainfall intensity of 2.21 inches per hour. Applying the rational method produced a peak runoff of 22.8 cfs. Subbasin RB6 returns to the Cache la Poudre River as overland flow at DP8. Elimination of Subbasin RB5 runoff from contributing to DP8 is the major cause of the reduction from the historical peak flow rate of 55.4 cfs down to the reclaimed peak flow rate of 22.8 cfs. Subbasin RB7 will be predominately grassland with an area of 25 acres. The imperviousness of the subbasin is 0 percent. The runoff coefficient was calculated to be 0.416 for the 100-year storm. A time of concentration of 51 minutes would result in a 100-year rainfall intensity of 3.13 inches per hour. Applying the rational method produced a peak runoff of 32.5 cfs. Subbasin RB7 discharges to a neighboring property as overland flow at DP9. Subbasin RB8 will be predominately grassland with an area of 3 acres. The imperviousness of the subbasin is 0 percent. The runoff coefficient was calculated to be 0.407 for the 100-year storm. A time of concentration of 50 minutes would result in a 100-year rainfall intensity of 3.17 inches per hour. Applying the rational method produced a peak runoff of 3.4 cfs. Subbasin RB8 would be captured by Pond 4A and would no longer contribute runoff to DP6. - 11 - I!nal UraLnage RUon don Subbasin RB9 will be predominately grassland with an area of 9 acres. The imperviousness of the subbasin is 0 percent. The runoff coefficient was calculated to be 0.353 for the 100-year storm. A time of concentration of 56 minutes would result in a 100-year rainfall intensity of 2.94 inches per hour. Applying the rational method produced a peak runoff of 9.7 cfs. Subbasin RB9 would be captured by Pond 4B and would no longer contribute runoff to DP6. Subbasin RB18 will be predominately grassland with an area of 1 acre. The imperviousness of the subbasin is 0 percent. The runoff coefficient was calculated to be 0.500 for the 100-year storm. A time of concentration of 26 minutes would result in a 100-year rainfall intensity of 4.74 inches per hour. Applying the rational method produced a peak runoff of 2.6 cfs. Subbasin RBI8 would be captured by Pond 4C and would no longer contribute runoff to DP6. Subbasin RBI will be predominately grassland with an area of 30 acres. The imperviousness of the subbasin is 0 percent. The runoff coefficient was calculated to be 0.283 for the 100-year storm. A time of concentration of 205 minutes would result in a 100-year rainfall intensity of 1.16 inches per hour. Applying the rational method produced a peak runoff of 9.7 cfs. Subbasin RB 10 returns to the Cache la Poudre River as overland flow and via the borrow ditch along WCR 25 at DP6. Elimination of Subbasin RB8, Subbasin RB9, and Subbasin RB 18 runoff from contributing to DP6 is the major cause of the reduction from the historical peak flow rate of 24.7 cfs down to the reclaimed peak flow rate of 9.7 cfs. Subbasin RB 11 will be entirely grassland with an area of 22 acres. The imperviousness of the subbasin is 0 percent. The runoff coefficient was calculated to be 0.254 for the 100-year storm. A time of concentration of 93 minutes would result in a 100-year rainfall intensity of 2.07 inches per hour. Applying the rational method produced a peak runoff of 11.4 cfs. Subbasin RBI 1 returns to the Cache la Poudre River as overland flow at DP7. Subbasin RBI is predominately open grassland and cropland with an area of 97 acres. The imperviousness of the subbasin is 2 percent. The runoff coefficient was calculated to be 0.459 for the 100-year storm. A time of concentration of 62 minutes would result in a 100-year rainfall intensity of 2.75 inches per hour. Applying the rational method produces a peak runoff of 122.1 cfs. Subbasin RB12 collects in a series of gullies which open up to overland flow which returns to the Cache la Poudre River as such at DP4. Subbasin RB 13 is predominately open grassland with an area of 131 acres. The imperviousness of the subbasin is 2 percent. The runoff coefficient was calculated to be 0.394 for the 100-year storm. A time of concentration of 74 minutes would result in a 100-year rainfall intensity of 2.43 inches per hour. Applying the rational method produced a peak runoff of 125.8 cfs. Subbasin RB 13 collects in a series of gullies which open up into a lake or overland flow which eventually returns to the Cache la Poudre River via an ancient meander of the river which now serves as a slough at DP3. Subbasin RB14 will be predominately grassland with an area of 63 acres. The imperviousness of the subbasin is 0 percent. The runoff coefficient was calculated to be 0.364 for the 100-year storm. A time of concentration of 41 minutes would result in a 100-year rainfall intensity of 3.60 inches per hour. Applying the rational method produced a peak runoff of 82.0 cfs. Subbasin RB 14 would be captured by Pond 5C and would no longer contribute runoff to DP3. Elimination of Subbasin - 12 - Final Drainage Report Aoe RB14 runoff from contributing to DP3 is the major cause of the reduction from the historical peak flow rate of 283.0 cfs down to the reclaimed peak flow rate of 125.8 cfs. Subbasin RB 15 will be predominately grassland with an area of 3 acres. The imperviousness of the subbasin is 0 percent. The runoff coefficient was calculated to be 0.480 for the 100-yr storm. A time of concentration of 70 minutes would result in a 100-year rainfall intensity of 2.53 inches per hour. Applying the rational method produced a peak runoff of 3.3 cfs. Subbasin RBIS would be captured by Pond 5B and would no longer contribute runoff to DP5. Subbasin RB16 will be predominately grassland with an area of 4 acres. The imperviousness of the subbasin is 0 percent. The runoff coefficient was calculated to be 0.480 for the 100-year storm. A time of concentration of 78 minutes would result in a 100-year rainfall intensity of 2.35 inches per hour. Applying the rational method produced a peak runoff of 4.7 cfs. Subbasin RB 16 would be captured by Pond 5A and would no longer contribute runoff to DP5. Subbasin RB 17 will be predominately grassland with an area of 12 acres. The imperviousness of the subbasin is 0 percent. The runoff coefficient was calculated to be 0.440 for the 100-year storm. A time of concentration of 88 minutes would result in a 100-year rainfall intensity of 2.16 inches per hour. Applying the rational method produced a peak runoff of 11.2 cfs. Subbasin RB 17 returns to the Cache la Poudre River as overland flow at DP5. Elimination of Subbasin RBIS and Subbasin RB 16 runoff from contributing to DP5 is the major cause of the reduction from the historical peak flow rate of 20.2 cfs down to the reclaimed peak flow rate of 11.2 cfs. Pond 1B has a surface area of 5 acres and an available storage volume for storm water capture of 16.8 acre-feet above the normal pool. The contributing drainage area to this pond includes Subbasin RB6 for a total drainage area of 57 acres. Pond 2A has a surface area of 14 acres and an available storage volume for storm water capture of 30.5 acre-feet above the normal pool. The contributing drainage area to this pond includes Subbasin RB4 for a total drainage area of 52 acres. Pond 4A has a surface area of 5 acres and an available storage volume for storm water capture of 10.8 acre-feet above the normal pool. The contributing drainage area to this pond includes Subbasin RB8 for a total drainage area of 8 acres. Pond 4B has a surface area of 9 acres and an available storage volume for storm water capture of 31.9 acre-feet above the normal pool. The contributing drainage area to this pond includes Subbasin RB9 for a total drainage area of 18 acres. Pond 4C has a surface area of 16 acres and an available storage volume for storm water capture of 36.8 acre-feet above the normal pool. The contributing drainage area to this pond includes Subbasins RB2 and RB 18 for a total drainage area of 62 acres. Pond 5A has a surface area of 2 acres and an available storage volume for storm water capture of 18.2 acre-feet above the normal pool. The contributing drainage area to this pond includes Subbasin RB 16 for a total drainage area of 6 acres. - 13 - Final Drainage Repoli docv Pond 5B has a surface area of 7 acres and an available storage volume for storm water capture of 52.9 acre-feet above the normal pool. The contributing drainage area to this pond includes Subbasin RB 15 for a total drainage area of 9 acres. Pond 5C has a surface area of 2 acres and an available storage volume for storm water capture of 11.4 acre-feet above the normal pool. The contributing drainage area to this pond includes Subbasin RB14 for a total drainage area of 65 acres. Comparison of Existing, Mining, and Reclaimed Conditions Mining operations and site reclamation either will not change or will significantly reduce the drainage area and historical runoff leaving the site from each of the nine historical basins. At Design Point DPI which includes Subbasins HI, RBI, and RB2, the peak flow rate reduces from the historical condition rate of 203.0 cfs to a reclaimed condition rate of 69.5 cfs. The drainage area contributing to flow leaving the site reduces from the historical condition of 194 acres to a reclaimed condition of 134 acres. The Phase 1 mining condition is the same as the historical condition. At Design Point DP2 which includes Subbasins H2, P1-14, RB3, and RB4, the peak flow rate reduces from the historical condition rate of 87.9 cfs to a reclaimed condition rate of 63.5 cfs. The drainage area contributing to flow leaving the site reduces from the historical condition of 159 acres to a reclaimed condition of 107 acres. The Phase 1 mining condition is the same as the historical condition. At Design Point DP3 which includes Subbasins H3, RB13, and RB14, the peak flow rate reduces from the historical condition rate of 283.0 cfs to a reclaimed condition rate of 125.8 cfs. The drainage area contributing to flow leaving the site reduces from the historical condition of 196 acres to a reclaimed condition of 131 acres. The Phase 1 mining condition is the same as the historical condition. At Design Point DP4 which includes Subbasins H4 and RB I2, the peak flow rate for both reclaimed and Phase 1 mining conditions remains unchanged from the historical condition rate of 122.1 cfs. The drainage area contributing to flow leaving the site remains unchanged from the historical condition of 97 acres. At Design Point DP5 which includes Subbasins H5, RB15, RB16, and RB17, the peak flow rate reduces from the historical condition rate of 20.2 cfs to a reclaimed condition rate of 11.2 cfs. The drainage area contributing to flow leaving the site reduces from the historical condition of 28 acres to a reclaimed condition of 12 acres. The Phase 1 mining condition is the same as the historical condition. At Design Point DP6 which includes Subbasins H6, RB8, RB9, RBI0, and RB18, the peak flow rate reduces from the historical condition rate of 24.7 cfs to a reclaimed condition rate of 9.7 cfs. The drainage area contributing to flow leaving the site reduces from the historical condition of 57 acres to a reclaimed condition of 30 acres. The Phase 1 mining condition is the same as the historical condition. - 14 - Final Damage Report dncx At Design Point DP7 which includes Subbasins 147 and RB11, the peak flow rate for both reclaimed and Phase 1 mining conditions remains unchanged from the historical condition rate of 11.4 cfs. The drainage area contributing to flow leaving the site remains unchanged from the historical condition of 22 acres. At Design Point DP8 which includes Subbasins H8, P1-1, P1-2, P1-3, P1-4, P1-5, P1-6, RB5, and RB6, the peak flow rate reduces from the historical condition rate of 55.4 cfs to a reclaimed condition of 22.8 cfs and a Phase 1 mining condition rate of 10.9 cfs. The drainage area contributing to flow leaving the site reduces from the historical condition of 85 acres to a reclaimed condition of 28 acres and a Phase 1 mining condition of 15 acres. At Design Point DP9 which includes Subbasins H9, P1-7, P1-8, P1-9, P1-10, P1-1 I, P1-12, P1-13, and RB7, the peak flow rate reduces from the historical condition rate of 32.5 cfs to a Phase 1 mining condition rate of 4.6 cfs. The peak flow rate for a reclaimed condition remains unchanged at 32.5 cfs. The drainage area contributing to flow leaving the site reduces from the historical condition of 25 acres to a Phase 1 mining condition of 1.4 acres and returns to a reclaimed condition of 25 acres. EROSION CONTROL The erosion control plan presented in Exhibit 4 is intended to control rainfall erosion. The Weld County Storm Drainage Criteria and the Urban Storm Drainage Criteria Manuals, Volumes 1, 2, and 3 by the Urban Drainage and Flood Control District have been referenced for this erosion control plan. The proposed rainfall erosion control plan during mining will consist of temporary structural erosion control measures. Temporary sediment control consisting of silt fencing will surround the screening/overburden stockpile berms and seeding/mulching will be utilized on disturbed areas outside of the mined area. Rock check dams will be constructed within the dewatering trenches in the vicinity of the dewatering sumps to reduce the conveyance of sediment. These check dams will be constructed according to the details provided in Exhibit 4. A grading and erosion control plan for the office and scale house areas is provided in Appendix D. SAFETY HAZARDS The drainage structures and erosion control measures proposed for this project have minimal associated safety hazards. Safety concerns for the mining operation have been addressed in the permit applications to the State. - 15 - Rnoi o'atnage Repmtdo,. RECLAIMED CONDITIONS Upon completion of the gravel mining, the site will be reclaimed as open water ponds, wetlands, and upland areas as shown in Exhibit 3. The designed spill elevation for each of the open water ponds is based on and groundwater model of the site. Each unlined pond has a minimum of approximately 2 feet of freeboard before overtopping could occur. The total effective detention volume of the reclaimed project is approximately 200 acre-feet. The surface hydrology associated with the reclaimed condition will not adversely impact the adjacent properties. Final grading will result in contours that either match or are below pre-mining contours. Surface runoff from the majority of the site will flow directly into the unlined ponds, wetlands, and upland areas. CONCLUSIONS Compliance with Standards All drainage analyses have been performed according to the Weld County Storm Drainage Criteria and the Urban Storm Drainage Criteria Manuals, Volumes 1, 2, and 3 by the Urban Drainage and Flood Control District. Drainage Concept The proposed Parsons Mine development will dramatically reduce the runoff from the site due to the capture of runoff within the mining area. Although only Phase 1 of the mining plan is presented in this Final Drainage Report, each of the subsequent mining phases will significantly reduce surface runoff compared to existing conditions. Upon completion of each phase of the mining project, the screening/overburden stockpile berms will be removed and used for reclamation of the unlined open water ponds, wetlands, and upland areas. For existing conditions, the sum of all drainage basin areas is 841 acres. Direct precipitation on the reclaimed unlined ponds and the sum of the subbasin areas that would be captured by the unlined ponds is 278 acres. The reclaimed site will reduce the contributing drainage area to approximately 67 percent of the historic area without increasing the imperviousness of the contributing drainage area. - 16 - Final Moulage Repoli dock REFERENCES Weld County Storm Drainage Criteria, Weld County Public Works Department. Soil Survey for Weld County, Colorado, Southern Part, United States Department of Agriculture, September 1980. Urban Storm Drainage Criteria Manual, Urban Drainage and Flood Control District, Wright McLaughlin Engineers, Denver, Colorado, June, 2001. City of Greeley Storm Drainage Design Criteria and Construction Specification Document, City of Greeley Public Works Department - 17 - ' ai o'amagc Repondocx FIGURES to 1\._:i l I // 7 \I I q3,I `'c `J • __ -_-S ` + .rR^ rF "_ v ' 1 / / J, f ,\ 3 / • '--- ' -I Is ( ‘... 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Ll� •,eliCa/ - -*V ✓ r is f �1 `1 �• }• A4.a "L 1 l M/ � f . i PI r I: r f v \ — . esZr-aii '+tee\ ' ' • f, ' • : 1 `1 \‘'... \ ' ) \ • 6 � . s {{lie • 1 7'�(, ,, 1• S�`o" A. ti` .� --.L` rl T t I ` ;�ik ,l r t t --'� „�� ' - ••-� .._.. r 't' ti '+ r t �--{- ,, ice. o , K •:. , -'` .� , 1 .. •' ... - ■ `�\....- ''..SS- - • \ /tin' I- 71/4, '•l [y[u�4{� jl :-Ir S.• ' , iA 1 t• t 1 y`\1 • •IJ �'' 1�t , r , ' t -,t � l 1 L. • •1. -••,..110#9,•#, 1....‘k".•1 tl • c V' ,r•' • - • ti ,ij , f �� l 1� ) 'n �:.w 1 1 ••1 ,' 1 fl�f� � � r ! 11 _ �I f. -+ .\_..••-�� / ••ti TT€i1 er/i • / . \ ',3 , . `-- -1 r'J' `` ' `( z i et,,, 1 r r t rr^J, Parsons Mine Permit Extent .i� � : a ` i.'... . ,„ ;� ` ��.� `• '�: - -i \ •` 1 . t S, - i - r Historical Subbasins `t - ,�_: '' + Y ' tt49d980 1 ,470 1 ,960 20 , ,� • l t ,s� �� Fret Parsons Mine Fig No. DEERE & A U L T Historical Drain ge Subbasins 2 C: (.) 1V SU LTA N '1• S . 1 1\ C- Job No. Scale: 1 : 14,000 EXHIBITS FILE CONTAINS OVERSIZED MAP PLEASE SEE ORIGINAL FILE APPENDIX A REFERENCE MATERIAL soil survey of Weld County, Colorado Southern Part United States Department of Agriculture Soil Conservation Service in cooperation with Colorado Agricultural Experiment Station Contents Page Page Index to soil map units iv Physical and chemical properties 63 Summary of tables v Soil and water features 64 Foreword vii Classification of the soils 65 General nature of the county 1 Soil series and morphology 66 Settlement of the county 1 Adena series 66 Natural resources 1 Altvan series 66 Farming 2 Ascalon series 66 Climate 2 Bankard series 67 How this survey was made 2 Boel series 67 General soil map for broad land use planning 3 Bresser series 67 1. Midway-Shingle 3 Cascajo series 68 2. Ulm-Nunn 3 Colby series 68 3. Weld-Colby 4 Colombo series 68 4. Wiley-Colby-Weld 4 Dacono series 68 5. Olney-Kim-Otero 4 Fort Collins series 69 6. Otero-Thedalund-Nelson 4 Haverson series 69 7. Tassel-Thedalund-Terry 4 Heidi series 69 8. Valent-Vona-Osgood 5 Julesburg series 70 9. Aquolls-Aquents-Bankard 5 Kim series 70 10. Loup-Boel 5 Loup series 70 11. Nunn-Haverson 5 Midway series 70 12. Nunn-Dacono-Altvan 6 Nelson series 71 13. Julesburg-Bresser 6 Nunn series 71 Broad land use considerations 6 Olney series 71 Soil maps for detailed planning 6 Osgood series 72 Soil descriptions 7 Otero series 72 Use and management of the soils 53 Paoli series 72 Crops and pasture 54 Renohill series 72 Yields per acre 55 Shingle series 73 Capability classes and subclasses 55 Tassel series 73 Rangeland 56 Terry series 73 Windbreaks and environmental plantings 57 Thedalund series 74 Engineering 57 Ulm series 74 Building site development 58 Valent series 74 Sanitary facilities 58 Vona series 74 Construction materials 59 Weld series 75 Water management 60 Wiley series 75 Recreation 60 References 75 Wildlife habitat 61 Glossary 75 Soil properties 62 Illustrations 81 Engineering properties 62 Tables 91 Issued September 1980 lii SHEET NO. 7 WELD COUNTY, COLORADO, SOUTHERN PART (BRACEWELL QUADRANGLE) 4Q• 15' #\,. '•••....--) 4g '' 24 19 '4114). ;t + + 33 32 3? pr, 1 �' 32 52 47 }. .4 • 47 48 3 40 + •w •it . 4.4 ilk Hivilipi v 51 r 32 --_. ` 47 51 '— eillikr` k r ,.....— * : 7.- • ••••• , Witil;I. . • • O_ 25 2 _,„--- 31 1 32 1 50 32 se. , IM , -4 'iirA 0144 . f W Si 47 V (': %IlliiF4 , -- . ' . 4- lift. •1 i It"; �19 / . L � c L 3 n 19 - Pr ¢ j t£ 3 . . • it ` 5 1 p 19 t �► k. lYs r f SP 1 , A 26- ^ ,ot . .'a • C ,,X, ?6 .P lkalp y 13 .o 61.14illii‘ablin61 .51 J 61 S7."4 1111 47 52 ' . • Nit 77 ...: Art 52 / 61 ` 61 3g Y � N. Illea 1141141 e .444 1. 77 • 47 ' ' ' 37 • 51 24 N 52 it \x\sr: 4 t •• 51 47 + 47 ` 48 38 38 e< < 3 \ 51 132 SOIL SURVEY TABLE 14.--SOIL AND WATER FEATURES [Absence of an entry indicates the feature is not a concern. See text for descriptions of symbols and such terms as "rare," "brief," and "perched." The symbol < means less than; > means greater than] Flooding High water table Bedrock Soil name and Hydro- ' Potential map symbol logic Frequency Duration Months ; Depth Kind Months Depth;Hard- frost group ness I action Ft In 1 , 2 B None --- --- >6.0 --- --- >60 --- Moderate. Altvan Zq3* uolls D Frequent---- Brief Apr-Jun:0.5-1 .0 Apparent Apr-Jun >60 --- High. Aquents D Frequent---- Brief Apr-Jun:0.5-1 .0 Apparent Apr-Jun >60 --- High. 4* Aquolls D Frequent----', Brief Apr-Jun:0.5-1.5 Apparent Apr-Jun >60 --- High. Aquepts D :Frequent---- Brief Apr-Jun 0.5-1.5 Apparent Apr-Jun >60 --- High. 5, 6, 7, 8, 9 B ;None --- --- >6.0 --- --- >60 --- Moderate. Ascalon P10 A (Frequent---- Brief Mar-Jun >6.0 --- --- >60 I --- Low. ankard 11 , 12 B ;None --- --- >6.0 --- --- >60 --- Moderate. Dresser 13 ' A None --- --- >6.0 --- --- >60 --- Low. Cascajo 14, 15, 16, 17---- B None --- --- >6.0 --- --- >60 --- Low. Colby 18*: Colby B ;None --- --- >6.0 --- --- >60 --- Low. Adena C ;None --- --- >6.0 --- --- >60 --- Low. x19j 20 B Rare --- --- >6.0 --- --- >60 --- Moderate. "''olombo 21 , 22 C None --- --- >6.0 --- --- >60 --- Low. facono 23, 24 B None to rare --- --- >6.0 --- --- >60 --- Low. Fort Collins 75, 26 B (Rare to ',Brief May-Sep; >6.0 --- --- >60 --- Low. Haverson I common. 27, 28 C :None --- --- >6.0 --- --- >60 --- Low. Heldt 29, 30 A ;None --- --- >6.0 --- --- >60 --- Moderate. Julesburg 31 , 32 33, 34---- B None --- ' --- >6.0 --- --- >60 --- Low. Ki 35*: Loup D ;Rare to ', Brief Mar-Jun ..5-1 .5 Apparent Nov-May; >60 --- Moderate. : common. Boel A Occasional Brief Mar-Jun 1.5-3.5 Apparent,Nov-Mayl >60 --- Moderate. 36*: Midway D None --- --- >6.0 --- I --- ;10-20 Rip- Low. pable See footnote at end of table. WELD COUNTY, COLORADO, SOUTHERN PART 133 TABLE 14,--SOIL AND WATER FEATURES--Continued Flooding High water table Bedrock Soil name and Hydro- ' Potential map symbol logic Frequency Duration Months Depth ; Kind Months :Depth:Hard- ; frost group ness I action Ft In 36': Shingle D None --- --- >6.0 --- --- 10-20 Rip- ;Low. pablel 37, 38 B None --- --- >6.0 --- --- ;20-40 Rip- Low. Nelson pable 39, 40, 41 42, 43 C None --- --- >6.0 --- >60 --- Moderate. Nunn 44, 45, 46, 47, 48____ B None -_- --- >6.0 --- --- ; >60 --- ,Low. Olney 49 A None ___ >6,0 --- --- >60 ; ___ 1Low. Osgood 5e ;1� 52i, 53---- B None --- --- >6.0 >60 --- ;Low. 54, 55 B None to rare --- ', --- >6.0 --- --- >60 --- ',Moderate. Paoli 56, 57 C None --- --- >6.0 --- --- ;20-40;Rip- ',Low. Renohill I pablel 58, 59 D None --- --- >6.0 --- --- 110-20',Rip- ILow. Shingle pablel 60" Shingle D None --- --- >6.0 --- --- ;10-20;Rip- :Low. 1 pable Renohill C None --- --- >6.0 --- ;20-401Rip- Low. pable 61 D None --- --- >6.0 --- --- ;10-20;Rip- Low. Tassel I pable 62, 63 B None --- --- >6.0 --- --- 120-40 Rip- :Low. Terry pable; 64, 65 C None --- --- >6.0 --- --- 20-40 Rip- ILow. Thedalund pablel 66, 67 C None --- --- >6.0 --- --- >60 --- Low. Ulm 68* ; A None --- --- >6.0 --- --- >60 --- Low. Ustic Torriorthents 69, 70 A None --- --- >6.0 --- --- >60 --- Low. Valent 71"• Valent A None --- --- >6.0 --- --- >60 --- Low. Loup D Rare to Brief Mar-Jun a.5-1 .5 Apparent:Nov-May, >60 --- Moderate. common. • 72, 73, 74, 75, 76, 77 1 B None ; --- ; --- >6.0 --- ; -- >60 - --- Low. Vona See footnote at end of table. A, it 41. N ,i.4 1 1 I� W L' l"Pl"l"lllalaI:"e"l"IIb"S" ------- - fish . ,f - 7 If , I • { i Ilki. le „Do. • • - J •1. • I •11 'il. F. t IL $ t. . .0. , is I i T r:� ! 1 Ille ir. A el. 1 it..4: . P V i i / I i I KY t 4 414.s -'.•-a al 2nti, A J I 1.. j‘-... ' • . ) - 1 iirss. u.T .,1 Ih A )' ., l - 'yp. 1 .}- -r.. . t r 1 ...-VY 1. i A-1 t 1 C I • li % 1,..tP • Iii 11 (us a i `• 4. .. - ,r ~, i Y . , ., t - N tY li CC !"7• -r �. ', - • . - _ l . as - . _ ` r ` • r + -. .• • 11• '4 . '1 1 •. .1 .1 - 4, if W I. / 11 8 4 -)k 4 1' .4, . ... . ,,,,trt A , _ _ - .,.. - Hydrologic Soils Group : it AN ` .1. a"Ag,� .^' : 1 ,020 1 ,530 2,040 .� 11 •:-.17.,... iTlirlam Feet --0- ' ]f * �•� -mar Hydrologic Soils Group Exhibit: DEERE & AULT INC .c ()NSULTAN •I-S . • • I Li i A_ 1 Job No. 0138.013.00 Scale: 1 :8,000 d (318 u o M Q z m CO v 04 & o ,n - O CC w a X ` C1C0Ch O ^ Cs. {V GC C ►+� n E L gr3 Co-' O E Z N U O CC CA G., — z .J CD cc r ' r u O r cc E— Q m w O a w Vo g e M CC,,, Lss at W Z n -I r p m U r la- Z r O < cm < d � ObC o f0 /'� �- M- r. C C 4 M 1- J = V C O = i° 0 U § � pi E Cap CCo � Zaa � � 0 RI -22 s.) Ze x -_ �_ — _ -- ----- -- -- . _' r ' 3 p T 8.6 CODc co F r O. Y m a. O U 02 - & O 1 17 3 - rts eU U U In T 0 E O - VZ_i - -- N 0 v U u m y_ ig N G O § oEsa \ 1 h) 's \ V . c, ( c ) • / / y • •,„_________ ,_ 7( ---„, / ,-----". �. ._\'‘ / -N-. \ ( 1\ i r_ t ISONIONS 7 \ LLI...\ Hz\ i • D Z\ , - >- 12 _I \ / � O Z II \ P ` LL CC L.L O U U r _.--/. � �.� _ / tow l ( �-�- ..._._ f o D w I\ / 1 - ` i \ \ / Z c- 7 ! ---.4 \ N. ......................./.....esse %.\\ \ / --r)---- (n H O Q / OW/ \._ LL o \ n O >, O\ \ i 1) 0- a. r LL m i • \ \ \ 'I / i // I Ir / , Q / l W ( I (// v _ / \r I / t , UJ 17 I b% r� o \ \ \ \ \ \ \ 1 . \ 1#),,_ � \ I \ IC) \ I \ (.O Ki.vI----- CO eiMIIMS iiiinn• \ OIESEIIIIII• G ' \ el.. V racri-----N‘\-\S / \--, I N o Zst , \ or. ,hq \ 0M0'609l60 oloo suol;ona13 poojj\s6wMoJ0 0V0\0V0\ !WJad suosJod £l0'g£l0\a6)oJo1 g£l0\:d -0NIMVM0 WV 94:L£-0l 600Z 'g0 aago;o0 '(op6Jntu RUNOFF DRAINAGE CRITERIA MANUAL (V. 1) L = length of overland flow (500 ft maximum for non-urban land uses, 300 ft maximum for urban land uses) S= average basin slope (fUft) Equation RO-3 is adequate for distances up to 500 feet. Note that, in some urban watersheds, the overland flow time may be very small because flows quickly channelize. 2.4.2 Overland Travel Time For catchments with overland and channelized flow, the time of concentration needs to be considered in combination with the overland travel time, r„ which is calculated using the hydraulic properties of the swale, ditch, or channel. For preliminary work, the overland travel time, r„ can be estimated with the help of Figure RO-1 or the following equation (Guo 1999): V = C„S 05 (RO-4) in which: V= velocity (fUsec) C, = conveyance coefficient (from Table RO-2) S„ = watercourse slope (ft/ft) Table RO-2—Conveyance Coefficient, C,, Type of Land Surface Conveyance Coefficient, C. Heavy meadow 2.5 Tillage/field 5 Short pasture and lawns 7 Nearly bare ground 10 Grassed waterway 15 Paved areas and shallow paved swales 20 The time of concentration, to is then the sum of the initial flow time, t;, and the travel time, t„ as per Equation RO-2. 2.4.3 First Design Point Time of Concentration in Urban Catchments Using this procedure, the time of concentration at the first design point (i.e., initial flow time, t,) in an urbanized catchment should not exceed the time of concentration calculated using Equation RO-5. RO-6 6/2002 Urban Drainage and Flood Control District DRAINAGE CRITERIA MANUAL (V. 1) RUNOFF Table RO-3—Recommended Percentage Imperviousness Values Land Use or Percentage Surface Characteristics Imperviousness Business: Commercial areas 95 Neighborhood areas 85 Residential: Single-family Multi-unit (detached) 60 Multi-unit (attached) 75 Half-acre lot or larger Apartments 80 Industrial: Light areas 80 Heavy areas 90 Parks, cemeteries 5 Playgrounds 10 Schools 50 Railroad yard areas 15 • Undeveloped Areas: Historic flow analysis 2 Greenbelts, agricultural 2 Off-site flow analysis 45 (when land use not defined) Streets: Paved 100 Gravel (packed) 40 Drive and walks 90 Roofs 90 Lawns, sandy soil 0 Lawns, clayey soil 0 See Figures RO-3 through RO-5 for percentage imperviousness. Based in part on the data collected by the District since 1969, an empirical relationship between C and the percentage imperviousness for various storm return periods was developed. Thus, values for C can be determined using the following equations (Urbonas, Guo and Tucker 1990). CA = K4 + 1.311' — 1.4412 + 1.135i— 0.12) for CA ≥ 0, otherwise C.4 = 0 (RO-6) 06/2002 RO-9 Urban Drainage and Flood Control District SECTION 3.0 - RAINFALL TABLE OF CONTENTS SECTION 3.0 RAINFALL 2 3.1 INTRODUCTION 2 3.2 SELECTION OF DESIGN STORM FREQUENCIES 2 TABLE 3.2 - DESIGN STORM FREQUENCIES 3 3.3 COLORADO URBAN HYDROGRAPH PROCEDURE (CUHP) DESIGN STORMS 3 3.4 INTENSITY-DURATION-FREQUENCY (IDF) CURVES 3 TABLE 3.4 - ONE-HOUR POINT RAINFALL (INCHES) 4 TABLE 3.4(1) - FACTORS FOR DURATIONS OF LESS THAN ONE HOUR 4 Section 3— Page 1 SECTION 3.0 RAINFALL 3.1 INTRODUCTION Presented in this section is the design rainfall data to be used with the Colorado Urban Hydrograph Procedure (CUHP) and the Rational Method. All hydrological analysis within the jurisdiction of these Criteria shall use the rainfall data presented herein for calculating storm runoff. The design storms and intensity-duration-frequency curves for the City were developed using the rainfall data as presented in the NOAA Atlas for Colorado and the procedures presented in the Urban Storm Drainage Criteria Manual (USDCM). 3.2 SELECTION OF DESIGN STORM FREQUENCIES All drainage systems for new development have to take into consideration two separate and distinct drainage situations. The first is the initial storm, which occurs at regular intervals and is based on the two, five and ten year storm events, depending on land use. The runoff from the initial storm is usually not the cause of extensive damage, but can represent higher costs in maintenance, repair and replacement of public facilities if not handled correctly. IThe second drainage situation that shall be considered is the planning and design of facilities to convey the major storm, which occurs at less frequent intervals, and is based on the 100-year storm event. The runoff from this type of storm event can cause catastrophic property damage and personal injury or loss of life. The purpose of the major drainage path criteria is to establish guidelines to protect the major paths from encroachment. No development shall be allowed along the major drainage path except by specific approval of the City. The major drainage paths are shown on exhibits in the Comprehensive Drainage Plans for each major drainage basin within the City. All development that occurs along the major paths will be required to meet the guidelines herein. The guidelines herein are intended to be supplements to the specific recommendations made for each drainage basin analyzed in the Comprehensive Drainage Plans. The major drainage paths are a part of the major drainage system and all facilities along said paths will be required to be designed using a 100-year design storm frequency. The only exceptions are those specific design storm frequencies recommended for the drainage basin investigated by the Comprehensive Drainage Plans. The 100-year runoff shall be computed at the point where the major drainage path enters the proposed development and again where the major drainage path leaves the development. Intermediate points of runoff shall be computed where deemed critical and to better define the major drainage path. Critical points are generally identified by the intersection of a drainage path with the major drainage path, rapid changes in grades or channel widths. The runoff shall be based on the total area tributary to the runoff point regardless of the ratio of developed area to the drainage basin. The width of the channel and maintenance access to the channel shall be as defined in Section 5.0-Open Channels. No development will be allowed within this designated area. Said area shall be called a drainage easement and identified as such on all plans and plats. Drainage Ieasements shall be dedicated to the City for public use. Access roads shall be dedicated to the City where necessary. Where possible and as required by the City, the major drainage channels shall be incorporated into greenbelt and recreational areas. Natural drainage channels lend themselves to greenbelt areas. Where the width can be extended, hiking trails, pedestrian walkways and bicycle paths Section 3-Page 2 should be located in the major drainage path. Due consideration should be given to street and utility layout to gain maximum aesthetic use of the drainage path. The initial and major storm frequencies used for runoff analysis and the subsequent design of stormwater control facilities in the City of Greeley are presented below: TABLE 3.2 -DESIGN STORM FREQUENCIES Initial Storm Major Storm Land Use Frequency Frequency Residential 2-year 100-year Commercial, Business & Industrial 5-year 100-year Downtown Business Area, Airport Terminals and Industrial (1) 10-year 100-year (1) Any industrial development within or adjacent to airport terminals or the downtown business area shall have an initial storm frequency of 10-years. 3.3 COLORADO URBAN HYDROGRAPH PROCEDURE (CUHP) DESIGN STORMS For drainage basins less than five square miles, a two-hour storm distribution without area adjustments of the point rainfall values shall be used for CUHP. For drainage basins between five and ten square miles, a two-hour storm distribution is used but the incremental rainfall values are adjusted for the large basin area in accordance with suggested procedures in the NOAA Atlas for Colorado. The adjustment is an attempt to relate the average of all point values for a given duration and frequency within a basin to the average depth over the basin for the same duration and frequency. For drainage basins between ten and twenty square miles, a three-hour storm distribution with adjustment for area shall be used. The distribution for the last hour was obtained by uniformly distributing the difference between the two- and three-hour point rainfall values. The adjustment for area was obtained from the NOAA Atlas for Colorado. The incremental rainfall distribution for all basin areas up to 20 square miles is presented in Table 3-1. 3.4 INTENSITY-DURATION-FREQUENCY (IDF) CURVES Intensity-Duration-Frequency (IDF) curves are necessary to utilize the Rational Method for runoff analysis. The one-hour design point rainfall values obtained from the NOAA Atlas for Colorado are required for the development of the IDF curves. The one-hour point rainfall values applicable for the City of Greeley are presented below. Section 3— Page 3 TABLE 3.4-ONE-HOUR POINT RAINFALL(INCHES) 2-year 5-year 10-year 50-year 100-year 1.04 1.49 1.76 2.51 2.78 The IDF curves were developed by distributing the one-hour point rainfall values using the factors obtained from the NOAA Atlas as presented below. TABLE 3.4(1) - FACTORS FOR DURATIONS OF LESS THAN ONE HOUR Duration (minutes) 5 10 15 30 Ratio to 1-hour Depth 0.29 0.45 0.57 0.79 The point values were then converted to intensities and plotted on Figure 3-1. The data are also presented in Tables 3-1, 3-2, and 3-3. Section 3—Page 4 DESIGN STORMS FOR GREELEY INCRD 1ENTA L RAINFALL DEPTH/RETURN PERIOD BASINS LESS THAN 5 SQ. MILES BASINS BETWEEN 5 AND 10 SQ. MILES BASINS BETWEEN 10 AND 20 SQ. MILES TIME 2-YR 5-YR 10-YR 50-YR 100-YR 2-YR 5-YR 10-YR 50-YR 100-YR 2-YR 5-YR 10-YR 50-YR 100-YR (MIN) (in) (in) (in) (in) (in) (in) (in) (in) (in) (in) (in) (in) (in) (in) (in) 5 0.02 0.03 0.04 0.03 0.03 0.02 0.03 0.04 0.03 0.03 0.02 0.03 0.04 0.03 0.03 10 0.04 0.06 0.07 0.09 0.08 0.04 0.06 0.07 0.09 0.08 0.04 0.06 0.07 0.09 0.08 15 0.09 0.13 0.14 0.13 0.13 0.09 0.13 0.14 0.13 0.13 0.09 0.13 0.14 0.13 0.13 20 0.17 0.23 0.26 0.20 0.22 0.16 0.22 0.25 0.20 0.22 0.15 0.21 0.24 0.20 0.22 25 0.26 0.37 0.44 0.38 0.39 0.25 0.36 0.42 0.36 0.37 0.23 0.34 0.40 0.34 0.35 30 0.15 0.19 0.21 0.63 0.70 0.14 0.19 0.20 0.60 0.67 0.13 0.17 0.19 0.57 0.63 35 0.07 0.09 0.10 0.30 0.39 0.07 0.09 0.01 0.29 0.37 0.07 0.09 0.10 0.27 0.35 40 0.05 0.07 0.08 0.20 0.22 0.05 0.07 0.08 0.20 0.22 0.05 0.07 0.08 0.20 0.22 45 0.03 0.05 0.07 0.13 0.17 0.03 0.05 0.07 0.13 0.17 0.03 0.05 0.07 0.13 0.17 50 0.03 0.05 0.06 0.08 0.14 0.03 0.05 0.06 0.08 0.14 0.03 0.05 0.06 0.08 0.14 55 0.03 0.05 0.06 0.08 0.11 0.03 0.05 0.06 0.08 0.11 0.03 0.05 0.06 0.08 0.11 60 0.03 0.05 0.06 0.08 0.11 0.03 0.05 0.06 0.08 0.11 0.03 0.05 0.06 0.08 0.11 65 0.03 0.05 0.06 0.06 0.11 0.03 0.05 0.06 0.06 0.11 0.03 0.05 0.06 0.06 0.11 70 0.02 0.05 0.06 0.06 0.06 0.02 0.05 0.06' 0.06 0.06 0.02 0.05 0.06 0.06 0.06 75 0.02 0.04 0.06 0.05 0.06 0.02 0.04. 0.06 0.05 0.06 0.02 0.04 0.06 0.05 0.06 80 0.02 0.03 0.04 0.05 0.03 0.02 0.03 0.04 0.05 0.03 0.02 0.03 0.04 0.05 0.03 85 0.02 0.03 0.03 0.04 0.03 0.02 0.03 0.03 0.04 0.03 0.02 0.03 0.03 0.04 0.03 90 0.02 0.03 0.03 0.04 0.03 0.02 0.03 0.03 0.04 0.03 0.02 0.03 0.03 0.04 0.03 95 0.02 0.03 0.03 0.04 0.03 0.02 0.03 0.03 0.04 0.03 0.02 0.03 0.03 0.04 0.03 100 0.02 0.02 0.03 0.04 0.03 0.02 0.02 0.03 0.04 0.03 0.02 0.02 0.03 0.04 0.03 105 0.02 0.02 0.03 0.04 0.03 0.02 0.02 0.03 0.04 0.03 0.02 0.02 0.03 0.04 0.03 110 0.02 0.02 0.03 0.04 0.03 0.02 0.02 0.03 0.04 0.03 0.02 0.02 0.03 0.04 0.03 115 0.01 0.02 0.03 0.04 0.03 0.01 0.02 0.03 0.04 0.03 0.01 0.02 0.03 0.04 0.03 120 0.01 0.02 0.02 0.04 0.03 0.01 0.02 0.02 0.04 0.03 0.01 0.02 0.02 0.04 0.03 125 0.01 0.01 0.02 0.02 0.02 130 0.01 0.01 0.01 0.02 0.02 135 0.01 0.01 0.01 0.01 0.02 140 0.01 0.01 0.01 0.01 0.01 145 0.01 0.01 0.01 0.01 0.01 150 0.01 0.01 0.01 0.01 0.01 155 0.01 0.01 0.01 0.01 0.01 160 0.01 0.01 0.01 0.01 0.01 165 0.01 0.01 0.01 0.01 0.01 170 0.00 0.00 0.01 0.00 0.01 175 0.00 0.00 0.00 0.00 0.01 180 0.00 6.00 0.00 0.00 0.01 TOTAL 1.20 1.72 2.04 2.81 3.21 1.18 1.69 2.00 2.76 3.15 1.24 1.73 2.05 2.79 3.22 Reference: Miller, J.F., and Tracey, R.J. Precipitation-Frequency Analysis of the Western United States (NOAA Atlas) Volume III -Colorado 1973 STORM DRAINAGE DESIGN AND TECHNICAL CRITERIA Greeley PUBLIC WORKS DEPARTMENT TABLE 3-1 Great.From the Ground Up. STORMWATER MANAGEMENT DIVISION SCALE: NTS 1001 NINTH AVENUE GREELEY. COLORADO 10631 REVISED MARCH 2007 DURATION: 5 MIN 10 MIN 15 MIN 30 MIN 60 MIN 120 MIN 180 MIN FACTOR: 0.29 0.45 0.57 0.79 1.00 2-YEAR 1-HR DEPTH (IN): 1.04 1.04 1.04 1.04 1.04 DEPTH AT DURATION (IN): 0.30 0.47 0.59 0.82 1.04 1.16 1.25 INTENSITY (IN/HR): 3.62 2.81 2.37 1.64 1.04 0.58 0.42 5-YEAR 1-HR DEPTH(IN): 1.49 1.49 1.49 1.49 1.49 DEPTH AT DURATION (IN): 0.43 0.67 0.85 1.18 1.49 1.60 1.69 INTENSITY (IN/HR): 5.19 4.02 3.40 2.35 1.49 0.80 0.56 10-YEAR 1-HR DEPTH (IN): 1.76 1.76 1.76 1.76 1.76 DEPTH AT DURATION (IN): 0.51 0.79 1.00 1.39 1.76 1.91 2.02 INTENSITY(IN/HR): 6.12 4.75 4.01 2.78 1.76 0.96 0.67 50-YEAR 1-HR DEPTH (IN): 2.51 2.51 2.51 2.51 2.51 DEPTH AT DURATION (IN): 0.73 1.13 1.43 1.98 2.51 2.65 2.75 INTENSITY(IN/HR): 8.73 6.78 5.72 3.97 2.51 1.33 0.92 100-YEAR 1-HR DEPTH (IN): 2.78 2.78 2.78 2.78 2.78 DEPTH AT DURATION (IN): 0.81 1.25 1.58 2.20 2.78 2.99 3.15 INTENSITY (IN/HR): 9.67 7.51 6.34 4.39 2.78 1.50 1.05 NOTE: DEPTH AT EACH DURATION = 1 HOUR OF RAINFALL DEPTH X RESPECTIVE DURATION FACTOR EXAMPLE FOR 5 MINUTE DURATION: DEPTH (IN) = 2-YEAR, 1-HR DEPTH (IN) X FACTOR = 1.04 X 0.29 = 0.30 INCHES REFERENCE: MILLER, J.F.AND TRACEY, R.J. PRECIPITATION- FREQUENCY ANALYSIS OF THE WESTERN UNITED STATES (NOAA ATLAS)VOLUME III-COLORADO INTENSITY - DURATION - FREQUENCY it,ot/ TABULATION Greeley PUBLIC WORKS DEPARTMENT TABLE 3-2 Great.From the Ground Up. STORMWATER MANAGEMENT DIVISION SCALE: NTS IDOL NINTH AVENUE GREELEY,COLORADO WWI REVISED MARCH 2007 STORM STORM FREQUENCY DURATION 2-YEAR 5-YEAR 10-YEAR 25-YEAR 50-YEAR 100-YEAR (IN/HR) (IN/HR) (IN/HR) (IN/HR) (IN/HR) (IN/HR 5 MIN 3.62 5.19 6.12 7.31 8.73 9.67 10 2.81 4.02 4.75 5.67 6.78 7.51 15 2.37 3.40 4.01 4.79 5.72 6.34 20 2.00 2.86 3.38 4.03 4.81 5.34 25 1.77 2.54 3.00 3.58 4.28 4.74 30 1.64 2.35 2.78 3.22 3.97 4.39 40 1.34 1.92 2.27 2.70 3.23 3.59 50 1.16 1.66 1.96 2.34 2.80 3.10 60 (1HR) 1.04 1.49 1.76 2.10 2.51 2.78 80 0.80 1.14 1.47 1.61 1.91 2.16 100 0.67 0.94 1.20 1.30 1.58 1.79 120(2HR) 0.58 0.80 0.96 1.14 1.30 1.50 150 049 0.66 0.78 • 0.93 1.10 1.23 180(3HR) 0.42 0.56 0.67 0.80 0.92 1.05 4 HR 0.33 0.44 0.53 0.62 0.72 0.81 5 0.27 0.36 0.43 0.50 0.57 0.66 6 0.23 0.30 0.37 0.43 0.49 0.57 8 0.20 0.24 0.29 0.34 0.39 0.44 10 0.15 0.20 0.24 0.29 0.32 0.36 12 0.13 0.17 0.20 0.25 0.28 0.31 14 0.11 0.15 0.18 0.23 0.24 0.27 16 0.10 0.13 0.16 0.20 0.22 0.24 18 0.09 0.12 0.14 0.18 0.19 0.21 20 0.08 0.11 0.13 0.17 0.18 0.19 22 0.07 0.10 0.12 0.16 0.16 0.17 24 0.07 0.09 0.11 0.14 0.15 0.16 EXTENDED DURATION-INTENSITY-FREQUENCY TABULATION GREELEY, CO (anyo(/ TABLE 3-3 Greeley PUBLIC WORKS DEPARTMENT Great.From the Ground Up. STORMWATER MANAGEMENT DIVISION SCALE: NTS IOO NINTH AVENUE GREELEY. 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O o a A �+ o n Q N? 0 0 0 0 0 0 o . a O 1p O a a ✓ O 2 E O G j _f' o a D V,I l0 LO .D 10 - C �. D, � � In ln � O N g g IL 2 .-1 .-1 .y .. .1 .i a to C' G ILL LL y V 0 0 0 0 0 0 o a tti Y 2lj 13 ▪ O O O c 0. O %• m .., C m• w G U <0 v a CO o a w E e o m n Lo o = 0 E r 'o w o O T p u n U O > > > > > E o `0 00010 V1 N rl 0 N Nn m m m rn m __ 2 2 2 1 x 1 m c o a w E E • m 0 m Z O O araN O U N cc m Mtn� _ 1 1 1 2 2 S S 2 2 Z Parsons Mine - Lafarge West, Inc Final Drainage Report Peak Runoff Calculations Using the Rational Method Basin: H2 Condition: Existing Storm Return Period: Basin Chracteristics Area,A: 159 acres Basin Imperviousness' (in percent),is 2.0% Distance of Overland Flow,Lo: 3,028 ft Hydrologic Soils Group A Percent of Basin: 0.0% Distance of Channelized Flow, Lo: 3,090 ft Hydrologic Soils Group B Percent of Basin: 74.2% Average Basin Slope,S: 0.01174 ft/ft Hydrologic Soils Groups C&D Percent of Basin: 25.8% Slope of Channelized Flow, Sw: 0.00258 ft/ft Conveyance Coefficient, C,: 15 Runoff Coefficient Runoff Coefficient Equations For 100-yr Storm Return Period: KA =-0.25i +0.32 CA=KA+(1.31i3-1.44i2+ 1.135i-0.12) for CA≥0 else CA=0 K00 =-0.39i +0.46 Cco=Kco+(0.858i'-0.786i2+0.774i+0.04) For 10-yr Storm Return Period: KA =-0.14i +0.17 Ca=(CA+C00)/2 K 0 =-0.181 +0.21 For 5-yr Storm Return Period: KA =-0.08i +0.09 Kco =-0.10i +0.11 Return Period' Ccomposite I CA I CB I C00 I KA I Kco 5-Year 0.103 0.000 0.082 0.163 0.088 0.108 10-Year 0.190 0.069 0.165 0.262 0.167 0.206 100-Year 0.400 0.217 0.362 0.507 0.315 0.452 Time of Concentration Rainfall Intensity Total time of concentration equation: Rainfall Intensity Equation: Lesser of': to=t,,+t, 1=(28.5*P,,,,)/(10+To)°786 where P,n,is the 1hr point rainfall depth or tc---1_/180+10(if in urban area) Overland flow travel time equation: to= 162 min P1 hrI t,=(0.395*(1.1 -C5)*sgrt(Lo))/S°" t,= 94 min Return Period in in/hr Channelized flow travel time equation: t, 68 min 5-Year 1.49 0.74 t,Lo/(V*60)where V=(C,*50.5) V= 0.762 ft/s 10-Year 1.76 0.88 100-Year 2.78 1.39 Peak Flow Rate Rational Method Equation: o= Coomposne`I*A Return Coomoosite I A Q Period in/hr acres cfs 5-Year 0.103 0.74 159 12.1 10-Year 0.190 0.88 159 26.5 100-Year 0.400 1.39 159 87.9 Notes: 1: Basin imperviousness determined from guidelines in UDFCD Drainage Criteria Manual Table RO-3 2: Conveyance coefficient determined from guidelines in UDFCD Drainage Criteria Manual Table RO-2 3. Minimum to is 10 min.for non-urban areas and 5 min.for urban areas Date: 5/5/2010 Parsons Mine - Lafarge West, Inc Final Drainage Report Peak Runoff Calculations Using the Rational Method Basin: H4 Condition: Existing Storm Return Period: Basin Chracteristics Area,A: 96.9 acres Basin Imperviousness' (in percent), is 2.0% Distance of Overland Flow,Lo: 2,784 ft Hydrologic Soils Group A Percent of Basin: 4.5% Distance of Channelized Flow,Ls: 1,930 ft Hydrologic Soils Group B Percent of Basin: 24.6% Average Basin Slope,S: 0.04965 ft/ft Hydrologic Soils Groups C&D Percent of Basin: 70.9% Slope of Channelized Flow,S,,: 0.06408 ft/ft Conveyance Coefficient°,C,: 15 Runoff Coefficient Runoff Coefficient Equations For 100-yr Storm Return Period: KA =-0.25i +0.32 CA=KA+(1.31i3-1.44i2+ 1.135i-0.12) for CA?0 else CA=0 Kco =-0.39i +0.46 Cco=Kco+(0.858i3-0.786i3+0.774i+0.04) For 10-yr Storm Return Period: KA =-0.14i +0.17 Ca=(CA+CUD)/2 Kw =-0.18/ +0.21 For 5-yr Storm Return Period: KA =-0.08i +0.09 Kco =-0.10i +0.11 Return Period! Ceompos,te I CA I CB I CCD I KA I Kco 5-Year 0.136 0.000 0.082 0.163 0.088 0.108 10-Year 0.229 0.069 0.165 0.262 0.167 0.206 100-Year 0.459 0.217 0.362 0.507 0.315 0.452 Time of Concentration Rainfall Intensity Total time of concentration equation: Rainfall Intensity Equation: Lesser of 3: to=t,+ti 1=(28.5*Pie)/(10+To)°'86 where Pity is the 1 hr point rainfall depth or to=L/180+10(if in urban area) Overland flow travel time equation: to= 62 min Pin, t10.395*(1.1 -C5) sgrt(Lj))/S°33 t, 54 min Return Period in in/hr Channelized flow travel time equation: t, 8 min 5-Year 1.49 1.47 t,L,/(V'60)where V=(C,*Sw°5) V= 3.797 ft/s 10-Year 1.76 1.74 100-Year 2.78 2.75 Peak Flow Rate Rational Method Equation: D=Ceomposhe* I 'A Return Ceompoe;,e I A Q Period in/hr acres cfs 5-Year 0.136 1.47 96.9 19.4 10-Year 0.229 1.74 96.9 38.7 100-Year 0.459 2.75 96.9 122.1 Notes: 1: Basin imperviousness determined from guidelines in UDFCD Drainage Criteria Manual Table RO-3 2: Conveyance coefficient determined from guidelines in UDFCD Drainage Criteria Manual Table RO-2 3: Minimum t, is 10 min.for non-urban areas and 5 min.for urban areas Date: 5/5/2010 Parsons Mine - Lafarge West, Inc Final Drainage Report Peak Runoff Calculations Using the Rational Method Basin: H5 Condition: Existing Storm Return Period: Basin Chracteristics Area,A: 28.2 acres Basin Imperviousness' (in percent),is 0.0% Distance of Overland Flow, Lo: 1,061 ft Hydrologic Soils Group A Percent of Basin: 12.3% Distance of Channelized Flow, L,: 0 ft Hydrologic Soils Group B Percent of Basin: 0.0% Average Basin Slope, S: 0.00067 ft/ft Hydrologic Soils Groups C&D Percent of Basin: 87.7% Slope of Channelized Flow,Sw: ft/ft Conveyance Coefficient',Co: 5 Runoff Coefficient Runoff Coefficient Equations For 100-yr Storm Return Period: KA =-0.25/ +0.32 CA=KA+(1.31i3- 1.44i2+ 1.135i-0.12) for CA≥0 else CA=0 Kco =-0.39/ +0.46 Ccn=Kco+(0.858i3-0.78612+0.774i+0.04) For 10-yr Storm Return Period: KA =-0.141 +0.17 Ca=(CA+CBE))/2 Kw =-0.18i +0.21 For 5-yr Storm Return Period: KA =-0.08i +0.09 Kco =-0.10i +0.11 Return Period' Ccamposne I CA I Ca I Cco I KA I K00 5-Year 0.132 0.000 0.075 0.150 0.090 0.110 10-Year 0.225 0.050 0.150 0.250 0.170 0.210 100-Year 0.463 0.200 0.350 0.500 0.320 0.460 Time of Concentration Rainfall Intensity Total time of concentration equation: Rainfall Intensity Equation: Lesser of': to=t,+t, l=(28.5 P,p,)/(10+Te)°786 where P,h,is the t hr point rainfall depth or L=L/180+10(if in urban area) Overland flow travel time equation: tc= 139 min Plhr t,=(0.395'(1.1 -Co)'sgrt(Lj))/S°33 t,= 139 min Return Period in in/hr Channelized flow travel time equation: t,= 0 min 5-Year 1.49 0.83 1,-Lc/(V'60)where V=(C,*Sw°5) V= 0.000 ft/s 10-Year 1.76 0.98 100-Year 2.78 1.55 Peak Flow Rate Rational Method Equation: o=Ccompo:ae*I A Return Ccompos;,e I A Q Period in/hr acres cfs 5-Year 0.132 0.83 28.2 3.1 10-Year 0.225 0.98 28.2 6.2 100-Year 0.463 1.55 28.2 20.2 Notes: 1: Basin imperviousness determined from guidelines in UDFCD Drainage Criteria Manual Table RO-3 2: Conveyance coefficient determined from guidelines in UDFCD Drainage Criteria Manual Table RO-2 3: Minimum tc. is 10 min.for non-urban areas and 5 min.for urban areas Date: 5/5/2010 Parsons Mine - Lafarge West, Inc Final Drainage Report Peak Runoff Calculations Using the Rational Method Basin: 1-16 Condition: Existing Storm Return Period: Basin Chracteristics Area,A: 56.8 acres Basin Imperviousness'(in percent),is 0.0°/ Distance of Overland Flow,Lo: 1,764 ft Hydrologic Soils Group A Percent of Basin: 24.8% Distance of Channelized Flow, Le: 1,055 ft Hydrologic Soils Group B Percent of Basin: 64.7% Average Basin Slope,S: 0.00496 ft/ft Hydrologic Soils Groups C&D Percent of Basin: 10.5% Slope of Channelized Flow,SW: 0.00025 ft/ft Conveyance Coefficient,C,: 15 Runoff Coefficient Runoff Coefficient Equations For 100-yr Storm Return Period: KA =-0.25i +0.32 CA=KA+(1.31i3-1.44i2+ 1.135i-0.12) for CA?0 else CA=0 K 00 =-0.39i +0.46 Cco=Kc9+(0.858i3-0.786i2+0.774i+0.04) For 10-yr Storm Return Period: KA =-0.14i +0.17 CB=(CA+COD)/2 K00 =-0.181 +0.21 For 5-yr Storm Return Period: KA =-0.08i +0.09 Kco =-0.10i +0.11 Return Period' Coomposite I CA I CB I Cco I KA I K00 5-Year 0.064 0.000 0.075 0.150 0.090 0.110 10-Year 0.136 0.050 0.150 0.250 0.170 0.210 100-Year 0.329 0.200 0.350 0.500 0.320 0.460 Time of Concentration Rainfall Intensity Total time of concentration equation: Rainfall Intensity Equation: Lesser of3: to=t,+t, 1=(28.5*P,h,)/(10+T,)°786 where P,h,is the 1 hr point rainfall depth or to=L/180+10(if in urban area) Overland flow travel time equation: to= 173 min P,,, t=(0.395*(1.1 -C5) sgrt(L„))/S°33 t,= 99 min Return Period in in/hr Channelized flow travel time equation: t, 74 min 5-Year 1.49 0.71 t,Le/(V*60)where V=(C, Sw°5) V= 0.237 ft/s 10-Year 1.76 0.84 100-Year 2.78 1.32 Peak Flow Rate Rational Method Equation: Q=Ccomposno'I A Return Cenmpos;,o I A Q Period in/hr acres cfs 5-Year 0.064 0.71 56.8 2.6 10-Year 0.136 0.84 56.8 6.4 100-Year 0.329 1.32 56.8 24.7 Notes: 1: Basin imperviousness determined from guidelines in UDFCD Drainage Criteria Manual Table RO-3 2: Conveyance coefficient determined from guidelines in UDFCD Drainage Criteria Manual Table RO-2 3: Minimum t, is 10 min.for non-urban areas and 5 min for urban areas Date: 5/5/2010 Parsons Mine - Lafarge West, Inc Final Drainage Report Peak Runoff Calculations Using the Rational Method Basin: H7 Condition: Existing Storm Return Period: Basin Chracteristics Area,A: 21.7 acres Basin Imperviousness' (in percent),is 0.0% Distance of Overland Flow, Lo: 1300 ft Hydrologic Soils Group A Percent of Basin: 65.1% Distance of Channelized Flow,Le: 0 ft Hydrologic Soils Group B Percent of Basin: 34.4% Average Basin Slope,S: 0.00421 fUft Hydrologic Soils Groups C&D Percent of Basin: 0.6% Slope of Channelized Flow,Sw: ftlft Conveyance Coefficient2,C5: 5 Runoff Coefficient Runoff Coefficient Equations For 100-yr Storm Return Period: KA =-0.251 +0.32 CA-KA+(1.31i3-1.44i2+ 1.135i-0.12) for CA≥0 else CA=0 K50 =-0.39i +0.46 CcD=Kco+(0.858i3-0.786i2+0.774i+0.04) For 10-yr Storm Return Period: KA =-0.14i +0.17 C6=(CA+C50)/2 Kco =-0.18i +0.21 For 5-yr Storm Return Period: KA =-0.08i +0.09 Kco =-0.101 +0.11 Return Period' Ccompos;,e I CA I Cs I CCD I KA I Kco 5-Year 0.027 0.000 0.075 0.150 0.090 0.110 10-Year 0.086 0.050 0.150 0.250 0.170 0.210 100-Year 0.254 0.200 0.350 0.500 0.320 0.460 Time of Concentration Rainfall Intensity Total time of concentration equation: Rainfall Intensity Equation: Lesser of3: tot,+t, l=(28.5*Pin)/(10+TAP 788 where Pin,is the 1 hr point rainfall depth or tc=L/180+10(if in urban area) Overland flow travel time equation: to= 93 min P1hr t,=(0.395'(1.1 -CA)*sqrt(L0))/So.33 t,= 93 min Return Period in in/hr Channelized flow travel time equation: t1 0 min 5-Year 1.49 1.11 t,Le/(V*60)where V=(C,, Sw°s) V= 0.000 fUs 10-Year 1.76 1.31 100-Year 2.78 2.07 Peak Flow Rate Rational Method Equation: o=C50=701115*I A Return Ccom758;,e I A Q Period in/hr acres cfs 5-Year 0.027 1.11 21.7 0.6 10-Year 0.086 1.31 21.7 2.4 100-Year 0.254 2.07 21.7 11.4 Notes: 1: Basin imperviousness determined from guidelines in UDFCD Drainage Criteria Manual Table RO-3 2: Conveyance coefficient determined from guidelines in UDFCD Drainage Criteria Manual Table RO-2 3: Minimum t, is 10 min.for non-urban areas and 5 min.for urban areas Date: 5/5/2010 Parsons Mine - Lafarge West, Inc Final Drainage Report Peak Runoff Calculations Using the Rational Method Basin: H8 Condition: Existing Storm Return Period: Basin Chracteristics Area,A: 84.8 acres Basin Imperviousness' (in percent),is 0.0% Distance of Overland Flow,Lo: 3,944 ft Hydrologic Soils Group A Percent of Basin: 2.9% Distance of Channelized Flow,L0: 0 ft Hydrologic Soils Group B Percent of Basin: 84.5% Average Basin Slope,S: 0.01028 ft/ft Hydrologic Soils Groups C&D Percent of Basin: 12.6% Slope of Channelized Flow,Sw: ft/ft Conveyance Coefficient',C,: 5 Runoff Coefficient Runoff Coefficient Equations For 100-yr Storm Return Period: KA =-0.25i +0.32 CA KA+(1.31i3-1.44i2+1.135i-0.12) for CA≥0 else CA=0 KnO =-0.39i +0.46 Cco=Kco+(0.858i3-0.786i2+0.774i+0.04) For 10-yr Storm Return Period: KA =-0.14i +0.17 Ca=(CA+COD)/2 Kcn =-0.18i +0.21 For 5-yr Storm Return Period: KA =-0.08i +0.09 Kco =-0.10/ +0.11 Return Period) Ccomposi1, I CA I Cs I CCD KA I Kco 5-Year 0.082 0.000 0.075 0.150 0.090 0.110 10-Year 0.160 0.050 0.150 0.250 0.170 0.210 100-Year 0.365 0.200 0.350 0.500 0.320 0.460 Time of Concentration Rainfall Intensity Total time of concentration equation: Rainfall Intensity Equation: Lesser of3: to=t,+t, l=(28.5" P,hr)/(10+T )°786 where P1hr is the 1 hr point rainfall depth or to=L/180+10(if in urban area) Overland flow travel time equation: t,= 114 min Prh, L=(0.395 (1.1 -C5) sgrt(Lo))/S°33 t,= 114 min Return Period in in/hr Channelized flow travel time equation: t1 0 min 5-Year 1.49 0.96 t,Lc/(V*60)where V=(C5*Swab) V= 0.000 ft/s 10-Year 1.76 1.13 100-Year 2.78 1.79 Peak Flow Rate Rational Method Equation: Q=Ccomposnc'I*A Return Ccomposno I A Q Period in/hr acres cfs 5-Year 0.082 0.96 84.8 6.7 10-Year 0.160 1.13 84.8 15.4 100-Year 0.365 1.79 84.8 55.4 Notes: 1: Basin imperviousness determined from guidelines in UDFCD Drainage Criteria Manual Table RO-3 2: Conveyance coefficient determined from guidelines in UDFCD Drainage Criteria Manual Table RO-2 3: Minimum tc is 10 min.for non-urban areas and 5 min.for urban areas Date: 5/5/2010 Parsons Mine - Lafarge West, Inc Final Drainage Report Peak Runoff Calculations Using the Rational Method Basin: H9 Condition: Existing Storm Return Period: Basin Chracteristics Area,A: 25.0 acres Basin Imperviousness' (in percent),is 0.0% Distance of Overland Flow,Lo: 1,136 ft Hydrologic Soils Group A Percent of Basin: 0.0% Distance of Channelized Flow,L,: 0 ft Hydrologic Soils Group B Percent of Basin: 56.3% Average Basin Slope,S: 0.01650 ft/ft Hydrologic Soils Groups C&D Percent of Basin: 43.7% Slope of Channelized Flow,S„.: ft/ft Conveyance Coefficient,C,: 5 Runoff Coefficient Runoff Coefficient Equations For 100-yr Storm Return Period: KA =-0.25i +0.32 CA=KA+(1.31i3- 1.44i`+ 1.135i-0.12) for CA≥0 else CA=0 K 0 =-0.391 +0.46 Cco=Kco+(0.858i3-0.786i2+0.774i+0.04) For 10-yr Storm Return Period: KA =-0.14i +0.17 Cs=(DA+Ccn)/2 Kco =-0.18i +0.21 For 5-yr Storm Return Period: KA =-0.08i +0.09 Kco =-0.10i +0.11 Return Period! Ceompoene I CA I CB l CCD I KA ! Ku) 5-Year 0.108 0.000 0.075 0.150 0.090 0.110 10-Year 0.194 0.050 0.150 0.250 0.170 0.210 100-Year 0.416 0.200 0.350 0.500 0.320 0.460 Time of Concentration Rainfall Intensity Total time of concentration equation: Rainfall Intensity Equation: Lesser of3: to=t,+ti l=(28.5 Plhr)/(10+T)0786 where Pin,is the 1hr point rainfall depth or to=L/180+10(if in urban area) Overland flow travel time equation: tcri 51 min P1hr t,=(0.395 (1.1 -C5) sgrt(Lo))/5°33 t,= 51 min Return Period in in/hr Channelized flow travel time equation: t 0 min 5-Year 1.49 1.68 t, L,/(V'60)where V=(CA*S„°5) V= 0.000 ft/s 10-Year 1.76 1.98 100-Year 2.78 3.13 Peak Flow Rate Rational Method Equation: D=Ccomposte*I A Return Ccompos,te I A Q Period in/hr acres cfS 5-Year 0.108 1.68 25.0 4.5 10-Year 0.194 1.98 25.0 9.6 100-Year 0.416 3.13 25.0 32.5 Notes: 1: Basin imperviousness determined from guidelines in UDFCD Drainage Criteria Manual Table RO-3 2: Conveyance coefficient determined from guidelines in UDFCD Drainage Criteria Manual Table RO-2 3: Minimum to is 10 min.for non-urban areas and 5 min.for urban areas Date: 5/5/2010 Parsons Mine - Lafarge West, Inc Final Drainage Report Peak Runoff Calculations Using the Rational Method Basin: P1-1 (I-18) Condition: Developing Storm Return Period: Basin Chracteristics Area,A: 11.4 acres Basin Imperviousness' (in percent), is 15.0°k Distance of Overland Flow,L,: 0 ft Hydrologic Soils Group A Percent of Basin: 2.9% Distance of Channelized Flow,Lc: 3,710 ft Hydrologic Soils Group B Percent of Basin: 84.5% Average Basin Slope,S: 0.01028 fUft Hydrologic Soils Groups C&D Percent of Basin: 12.6% Slope of Channelized Flow,S„,: 0.00085 ft/ft Conveyance Coefficient2,C,: 10 Runoff Coefficient Runoff Coefficient Equations For 100-yr Storm Return Period: KA =-0.25i +0.32 CA=KA+(1.3113- 1.44i2+ 1.135i-0.12) for CA≥0 else CA=0 K CD =-0.391 +0.46 Cco=Kco+(0.85813-0.78612+0.774i+0.04) For 10-yr Storm Return Period: KA =-0.141 +0.17 Cc=(CA+Cco)/2 Kco =-0.181 +0.21 For 5-yr Storm Return Period: KA =-0.081 +0.09 K� =-0.10i +0.11 Return Period C°pmpos;le I CA I CB I CCD I KA I KcD 5-Year 0.175 0.100 0.168 0.236 0.078 0.095 10-Year 0.255 0.171 0.248 0.324 0.149 0.183 100-Year 0.435 0.305 0.424 0.543 0.283 0.402 Time of Concentration Rainfall Intensity Total time of concentration equation: Rainfall Intensity Equation: Lesser of3: to=t,+ti 1=(28.5*Puy)/(10+T°)orah where Pin,is the lhr point rainfall depth or tc=L/180+10(if in urban area) Overland flow travel time equation: t,,= 212 min P1hr t,=(0.395 (1.1 -C5)*sgrt(L0))/So33 t,= 0 min Return Period in in/hr Channelized flow travel time equation: t,= 212 min 5-Year 1.49 0.61 tF L,1(V'60)where V=(C,*5,0-3) V= 0.292 fUs 10-Year 1.76 0.72 100-Year 2.78 1.13 Peak Flow Rate Rational Method Equation: Q=Ccompps;,°'I A Return C°°mp°s;ie 1 A Q Period in/hr acres cfs 5-Year 0.175 0.61 11.4 1.2 10-Year 0.255 0.72 11.4 2.1 100-Year 0.435 1.13 11.4 5.6 Notes: 1: Basin imperviousness determined from guidelines in UDFCD Drainage Criteria Manual Table RO-3 2: Conveyance coefficient determined from guidelines in UDFCD Drainage Criteria Manual Table RO-2 3: Minimum t, is 10 min.for non-urban areas and 5 min.for urban areas Date: 5/5/2010 Parsons Mine - Lafarge West, Inc Final Drainage Report Peak Runoff Calculations Using the Rational Method Basin: P1-2(H8) Condition: Developing Storm Return Period: Basin Chracteristics Area,A: 2.7 acres Basin Imperviousness' (in percent),is 15.0% Distance of Overland Flow,Lo: 0 ft Hydrologic Soils Group A Percent of Basin: 2.9% Distance of Channelized Flow,Le: 1,395 ft Hydrologic Soils Group B Percent of Basin: 84.5% Average Basin Slope,S: 0.01028 ft/ft Hydrologic Soils Groups C&D Percent of Basin: 12.6% Slope of Channelized Flow,Sw: 0.00212 ft/ft Conveyance Coefficient,C,: 10 Runoff Coefficient Runoff Coefficient Equations For 100-yr Storm Return Period: KA =-0.25i +0.32 CA=KA+(1.31i3- 1.44i2+1.135i-0.12) for CA≥0 else CA=0 K 00 =-0.39i +0.46 Cco=Kco+(0.858i0-0.78612+0.774i+0.04) For 10-yr Storm Return Period: KA =-0.14i +0.17 C5-(CA+Cco)/2 K00 =-0.18i +0.21 For 5-yr Storm Return Period: K A =-0.08i +0.09 Kcn =-0.10i+0.11 Return Period' Ccomposae I CA I Ca I CCD I KA I K00 5-Year 0.175 0.100 0.168 0.236 0.078 0.095 10-Year 0.255 0.171 0.248 0.324 0.149 0.183 100-Year 0.435 0.305 0.424 0.543 0.283 0.402 Time of Concentration Rainfall Intensity Total time of concentration equation: Rainfall Intensity Equation: Lesser of3: to=1,+t, 1=(28.5*P,n,)/(10+Te)o 78'where P,,,,is the 1 hr point rainfall depth or tc=L/180+10(if in urban area) Overland flow travel time equation: t,= 51 min P,h, I 4,=(0.395'(1.1 -C5)'sgrt(L0))/5033 t 0 min Return Period in in/hr Channelized flow travel time equation: t,= 51 min 5-Year 1.49 1.68 tLe/(V'60)where V=(C,'Sw°5) V= 0.460 ft/s 10-Year 1.76 1.98 100-Year 2.78 3.13 Peak Flow Rate Rational Method Equation: O=Ceompos;,e' I 'A Return Ccompo:;,e I A Q Period in/hr acres cfs 5-Year 0.175 1.68 2.7 0.8 10-Year 0.255 1.98 2.7 1.4 100-Year 0.435 3.13 2.7 3.7 Notes: 1: Basin imperviousness determined from guidelines in UDFCD Drainage Criteria Manual Table RO-3 2: Conveyance coefficient determined from guidelines in UDFCD Drainage Criteria Manual Table RO-2 • 3: Minimum to is 10 min.for non-urban areas and 5 min.for urban areas Date: 5/5/2010 Parsons Mine - Lafarge West, Inc Final Drainage Report Peak Runoff Calculations Using the Rational Method Basin: P1-6(1-18) Condition: Developing Storm Return Period: Basin Chracteristics Area,A: 3.5 acres Basin Imperviousness'(in percent), is 0.0% Distance of Overland Flow, L,: 265 ft Hydrologic Soils Group A Percent of Basin: 2.9% Distance of Channelized Flow, Lc: 0 ft Hydrologic Soils Group B Percent of Basin: 84.5% Average Basin Slope, S: 0.00730 ft/ft Hydrologic Soils Groups C&D Percent of Basin: 126% Slope of Channelized Flow,Sw: ft/ft Conveyance Coefficient2,C,: 5 Runoff Coefficient Runoff Coefficient Equations For 100-yr Storm Return Period: KA =-0.25i +0.32 CA=KA+(1.31i - 1.44i2+ 1.135i-0.12) for CA≥0 else CA=0 Kco =-0.39i +0.46 Cco=Kco+(0.858i3-0.786i2+0.774i+0.04) For 10-yr Storm Return Period: KA =-0.14i +0.17 CB=(CA+ Cc0)/2 K00 =-0.18i +0.21 For 5-yr Storm Return Period: KA =-0.08i +0.09 K00 =-0.101 +0.11 Return Period' Ccomooene I CA I CB I CCD I KA I Kco 5-Year 0.082 0.000 0.075 0.150 0.090 0.110 10-Year 0.160 0.050 0.150 0.250 0.170 0.210 100-Year 0.365 0.200 0.350 0.500 0.320 0.460 Time of Concentration Rainfall Intensity Total time of concentration equation: Rainfall Intensity Equation: Lesser of3: to=t,+t, l=(28.5*Prm)/(10+T,)°736 where P,h,is the 1 hr point rainfall depth or tc=L/180+10(if in urban area) Overland flow travel time equation: tc= 33 min P,,,, t,=(0.395*(1.1 -C,)"sgrt(Lj))/S°33 t, 33 min Return Period in in/hr Channelized flow travel time equation: t,= 0 min 5-Year 1.49 2.21 t,=L,/(V"60)where V=(C,"S„°°) V= 0.000 ft/s 10-Year 1.76 2.61 100-Year 2.78 4.12 Peak Flow Rate Rational Method Equation: 0=Ceomrosne`I "A Return C,omposno I A Q Period in/hr acres cfs 5-Year 0.082 2.21 3.5 0.6 10-Year 0.160 2.61 3.5 1.5 100-Year 0.365 4.12 3.5 5.3 Notes: 1: Basin imperviousness determined from guidelines in UDFCD Drainage Criteria Manual Table RO-3 2: Conveyance coefficient determined from guidelines in UDFCD Drainage Criteria Manual Table RO-2 3: Minimum t, is 10 min.for non-urban areas and 5 min.for urban areas Date: 5/5/2010 Parsons Mine - Lafarge West, Inc Final Drainage Report Peak Runoff Calculations Using the Rational Method Basin: P1-7 (1-18) & P1-8 (H9) Condition: Developing Storm Return Period: Basin Chracteristics Area,A: 9.5 acres Basin Imperviousness' (in percent),is 15.0% Distance of Overland Flow, Lo: 0 ft Hydrologic Soils Group A Percent of Basin: 1.7% Distance of Channelized Flow, L0: 1,851 ft Hydrologic Soils Group B Percent of Basin: 72.6% Average Basin Slope,S: 0.01028 ftlft Hydrologic Soils Groups C&D Percent of Basin: 25.7% Slope of Channelized Flow, Sy,: 0.01162 ft/ft Conveyance Coefficient2,Cv: 10 Runoff Coefficient Runoff Coefficient Equations For 100-yr Storm Return Period: KA =-0.25i +0.32 CA=KA+(1.31i3-1.44i2+ 1.135i-0.12) for CA≥0 else CA=0 Kco =-0.39i +0.46 Cco=Kcn+(0.858i3-0.786i2+0.774i+0.04) For 10-yr Storm Return Period: K =-0.14i +0.17 CE MCA K00 =-0.18i +0.21 For 5-yr Storm Return Period: KA =-0.08i +0.09 Kco =-0.10i +0.11 Return Period[ Ceompos;re I CA I Cs I C00 I KA I Kco 5-Year 0.185 0.100 0.168 0.236 0.078 0.095 10-Year 0.266 0.171 0.248 0.324 0.149 0.183 100-Year 0.452 0.305 0.424 0.543 0.283 0.402 Time of Concentration Rainfall Intensity Total time of concentration equation: Rainfall Intensity Equation: Lesser of3: to=t,+t, 1=(28.5`P,O/(10+TX 555 where P,,,,is the t hr point rainfall depth or tc=L/180+10(if in urban area) Overland flow travel time equation: t,= 29 min L=(0.395"(1.1 -C5)"sgrt(L0))/S0 s3 tP 0 min Return Period in in/hr Channelized flow travel time equation: t, 29 min 5-Year 1.49 2.38 t,=L,/(V 60)where V=(Cy'Sy,"5) V= 1.078 ft/s 10-Year 1.76 2.82 100-Year 2.78 4.45 Peak Flow Rate Rational Method Equation: O=Ceomposae"I A Return C00m505„, I A Q Period in/hr acres cfs 5-Year 0.185 2.38 9.5 4.2 10-Year 0.266 2.82 9.5 7.1 100-Year 0.452 4.45 9.5 19.2 Notes: 1: Basin imperviousness determined from guidelines in UDFCD Drainage Criteria Manual Table RO-3 2: Conveyance coefficient determined from guidelines in UDFCD Drainage Criteria Manual Table RO-2 3: Minimum to is 10 min.for non-urban areas and 5 min.for urban areas Date: 5/5/2010 Parsons Mine - Lafarge West, Inc Final Drainage Report Peak Runoff Calculations Using the Rational Method Basin: P1-9(H9) Condition: Developing Storm Return Period: Basin Chracteristics Area,A: 1.4 acres Basin Imperviousness (in percent),is 0.0% Distance of Overland Flow,Lo: 36 ft Hydrologic Soils Group A Percent of Basin: 0.0% Distance of Channelized Flow,L,: 0 ft Hydrologic Soils Group B Percent of Basin: 56.3% Average Basin Slope,5: 0.01650 ft/ft Hydrologic Soils Groups C&D Percent of Basin: 43.7% Slope of Channelized Flow,Sw: ft/ft Conveyance Coefficient,C,: 10 Runoff Coefficient Runoff Coefficient Equations For 100-yr Storm Return Period: KA =-0.25i +0.32 CA=KA+ (1.31i3- 1.44i2+ 1.135i-0.12) for CA≥0 else CA=0 Ka) =-0.391 +0.46 Cco=Kco+(0.858i3-0.78612+0.774i+0.04) For 10-yr Storm Return Period: KA =-0.14i +0.17 CB=(DA+C00)/2 K00 =-0.18i +0.21 For 5-yr Storm Return Period: KA =-0.08i +0.09 Kco =-0.101 +0.11 Return Period' Ccomposite I CA I CB I C00 I KA I Kco 5-Year 0.108 0.000 0.075 0.150 0.090 0.110 10-Year 0.194 0.050 0.150 0.250 0.170 0.210 100-Year 0.416 0.200 0.350 0.500 0.320 0.460 Time of Concentration Rainfall Intensity Total time of concentration equation: Rainfall Intensity Equation: Lesser of3: to=t,+1, l=(28.5 P,„,)/(10+T,)578°where P1,,,is the 1hr point rainfall depth or tc=L/180+10(if in urban area) Overland flow travel time equation: t,= 9 min P,5, t=(0.395'(1.1 -C5)'sqrt(L0))/S333 t,= 9 min Return Period in in/hr Channelized flow travel time equation: t, 0 min 5-Year 1.49 4.20 t,Le/(V*60)where V=(C, Sw°5) V= 0.000 ft/s 10-Year 1.76 4.96 100-Year 2.78 7.83 Peak Flow Rate Rational Method Equation: O=Ccompoe„e' 1 'A Return Ccompos„e I A Q Period in/hr acres cfs 5-Year 0.108 4.20 1.4 0.6 10-Year 0.194 4.96 1.4 1.4 100-Year 0.416 7.83 1.4 4.6 Notes: 1: Basin imperviousness determined from guidelines in UDFCD Drainage Criteria Manual Table RO-3 2: Conveyance coefficient determined from guidelines in UDFCD Drainage Criteria Manual Table RO-2 3: Minimum t, is 10 min.for non-urban areas and 5 min.for urban areas Date: 5/5/2010 Parsons Mine - Lafarge West, Inc Final Drainage Report Peak Runoff Calculations Using the Rational Method Basin: P1-12(1-19) Condition: Developing Storm Return Period: Basin Chracteristics Area,A: 2.1 acres Basin Imperviousness' (in percent), is 5.0% Distance of Overland Flow, Lo: 339 ft Hydrologic Soils Group A Percent of Basin: 0.0% Distance of Channelized Flow, Lc: 0 ft Hydrologic Soils Group B Percent of Basin: 56.3% Average Basin Slope, S: 0.01650 ft/ft Hydrologic Soils Groups C&D Percent of Basin: 43.7% Slope of Channelized Flow,Sw: fUft Conveyance Coefficient',C,: 7 Runoff Coefficient Runoff Coefficient Equations For 100-yr Storm Return Period: KA =-0.25i +0.32 CA=KA+(1.31i1-1.44i2+ 1.135i-0.12) for CA≥0 else CA=0 K c0 =-0.39i +0.46 Cco=Kco+(0.858i3-0.786i2+0.774i+0.04) For 10-yr Storm Return Period: KA =-0.14i +0.17 Ce=(CA+C00)/2 K00 =-0.181 +0.21 For 5-yr Storm Return Period: KA =-0.08i +0.09 K00 =-0.10i +0.11 Return Period! Ccomw,;,e I CA I CB I CCD KA I K00 5-Year 0.136 0.019 0.101 0.182 0.086 0.105 10-Year 0.227 0.096 0.187 0.278 0.163 0.201 100-Year 0.439 0.241 0.379 0.517 0.308 0.441 Time of Concentration Rainfall Intensity Total time of concentration equation: Rainfall Intensity Equation: Lesser of3: tc t,+t, 1=(28.5*Pin,)/(10+T)°186 where P15,is the 1 hr point rainfall depth or t,.=L/180+10(if in urban area) Overland flow travel time equation: to= 27 min Plhr t,=(0.395'(1.1 -C5)*sgrt(L„))/S033 tP 27 min Return Period in in/hr Channelized flow travel time equation: t,= 0 min 5-Year 1.49 2.49 t,L,/(V*60)where V=(C,*SwO 5) V= 0.000 ft/s 10-Year 1.76 2.94 100-Year 2.78 4.64 Peak Flow Rate Rational Method Equation: o=C,empe,i,,*I`A Return Ceempe,,,, I A Q Period in/hr acres cfs 5-Year 0.136 2.49 2.1 0.7 10-Year 0.227 2.94 2.1 1.4 100-Year 0.439 4.64 2.1 4.3 Notes: 1: Basin imperviousness determined from guidelines in UDFCD Drainage Criteria Manual Table RO-3 2: Conveyance coefficient determined from guidelines in UDFCD Drainage Criteria Manual Table RO-2 3: Minimum t„ is 10 min.for non-urban areas and 5 min.for urban areas Date: 5/5/2010 Parsons Mine - Lafarge West, Inc Final Drainage Report Peak Runoff Calculations Using the Rational Method Basin: P1-14 (H2) Condition: Developing Storm Return Period: Basin Chracteristics Area,A: 159 acres Basin Imperviousness' (in percent),is 2.0% Distance of Overland Flow,Lo: 3,028 ft Hydrologic Soils Group A Percent of Basin: 0.0% Distance of Channelized Flow,Le: 3,090 ft Hydrologic Soils Group B Percent of Basin: 74.2% Average Basin Slope,S: 0.01174 ft/ft Hydrologic Soils Groups C&D Percent of Basin: 25.8% Slope of Channelized Flow,Sw: 0.00258 ft/ft Conveyance Coefficient,C,: 15 Runoff Coefficient Runoff Coefficient Equations For 100-yr Storm Return Period: KA =-0.25i +0.32 CA=KA+(1.31i3- 1.44i2+ 1.135i-0.12) for CA 0 else CA=0 Kco =-0.391 +0.46 °co=Kco+(0.858i3-0.786iz+0.774i+0.04) For 10-yr Storm Return Period: KA =-0.14i +0,17 CB=(CA+COD)/2 K00 =-0.18i +0.21 For 5-yr Storm Return Period: KA =-0.08i +0.09 K00 =-0.10i +0.11 Return Period' °composite I CA I CB I Ca) I KA I K00 5-Year 0.103 0.000 0.082 0.163 0.088 0.108 10-Year 0.190 0.069 0.165 0.262 0.167 0.206 100-Year 0.400 0.217 0.362 0.507 0.315 0.452 Time of Concentration Rainfall Intensity Total time of concentration equation: Rainfall Intensity Equation: Lesser of3: t,=t,+t, I (28.5'Pin,)/(10+T0)°756 where Pin,is the 1 hr point rainfall depth or to=L/180+10(if in urban area) Overland flow travel time equation: to= 162 min P,h, t,=(0.395*(1.1 -C5) sgrt(Lj))/Sa33 t,= 94 min Return Period in in/hr Channelized flow travel time equation: t, 68 min 5-Year 1.49 0.74 ti Le/(V 60)where V=(C, Sw05) V= 0.762 ft/s 10-Year 1.76 0.88 100-Year 2.78 1.39 Peak Flow Rate Rational Method Equation: o=Ceomposae`I A Return Composite I A Q Period in/hr acres cfs 5-Year 0.103 0.74 159 12.1 10-Year 0.190 0.88 159 26.5 100-Year 0.400 1.39 159 87.9 Notes: 1: Basin imperviousness determined from guidelines in UDFCD Drainage Criteria Manual Table RO-3 2: Conveyance coefficient determined from guidelines in UDFCD Drainage Criteria Manual Table RO-2 3: Minimum t, is 10 min.for non-urban areas and 5 min.for urban areas Date: 5/5/2010 Parsons Mine - Lafarge West, Inc Final Drainage Report Peak Runoff Calculations Using the Rational Method Basin: RB1 (H1) Condition: Reclaimed Storm Return Period: Basin Chracteristics Area,A: 134 acres Basin Imperviousness (in percent),is 2.0% Distance of Overland Flow,Lo: 5,532 ft Hydrologic Soils Group A Percent of Basin: 10.1% Distance of Channelized Flow,L0: 0 ft Hydrologic Soils Group B Percent of Basin: 82.9% Average Basin Slope, S: 0.00720 ft/ft Hydrologic Soils Groups C&D Percent of Basin: 7.1% Slope of Channelized Flow,Sw: ft/ft Conveyance Coefficient,C,: 5 Runoff Coefficient Runoff Coefficient Equations For 100-yr Storm Return Period: K„ =-0.25i +0.32 CA=KA+(1.31i3-1.44i2+ 1.135i-0.12) for CA?0 else CA=0 K co =-0.39i +0.46 Cco=Kc5+(0.858i3-0.786i2+0.774i+0.04) For 10-yr Storm Return Period: KA =-0.14i +0.17 CB=(CA+Cup)/2 K 00 =-0.18/ +0.21 For 5-yr Storm Return Period: KA =-0.08/ +0.09 Kco =-0.10i +0.11 Return Period' Ccomposne I CA I CB I CM I KA I Kco 5-Year 0.079 0.000 0.082 0.163 0.088 0.108 10-Year 0.163 0.069 0.165 0.262 0.167 0.206 100-Year 0.358 0.217 0.362 0.507 0.315 0.452 Time of Concentration Rainfall Intensity Total time of concentration equation: Rainfall Intensity Equation: Lesser of3: >r=t;+t l=(28.5"P,,,,)/(10+T,)o See where P,hr is the 1 hr point rainfall depth or tc=L/180+10(if in urban area) Overland flow travel time equation: te= 153 min Pint L=(0.395"(1.1 -C5)*sqrt(LO))/S .33 4,= 153 min Return Period in in/hr Channelized flow travel time equation: ti 0 min 5-Year 1.49 0.77 t,L,/(V'60)where V=(C, Sw05) V= 0.000 ft/s 10-Year 1.76 0.92 100-Year 2.78 1.45 Peak Flow Rate Rational Method Equation: Q=Ceompos„o'I*A Return C,ompoe;,e A Q Period in/hr acres cfs 5-Year 0.079 0.77 134 8.2 10-Year 0.163 0.92 134 20.0 100-Year 0.358 1.45 134 69.5 Notes: 1: Basin imperviousness determined from guidelines in UDFCD Drainage Criteria Manual Table RO-3 2: Conveyance coefficient determined from guidelines in UDFCD Drainage Criteria Manual Table RO-2 3: Minimum t, is 10 min.for non-urban areas and 5 min.for urban areas Date: 5/5/2010 Parsons Mine - Lafarge West, Inc Final Drainage Report Peak Runoff Calculations Using the Rational Method Basin: R82-1 (H1) Condition: Reclaimed Storm Return Period: Basin Chracteristics Area,A: 45.0 acres Basin Imperviousness' (in percent),is 2.0% Distance of Overland Flow,Lo: 2,793 ft Hydrologic Soils Group A Percent of Basin: 1.0% Distance of Channelized Flow,Lc: 0 ft Hydrologic Soils Group B Percent of Basin: 71.5% Average Basin Slope,5: 0.00994 ft/ft Hydrologic Soils Groups C&D Percent of Basin: 27.6% Slope of Channelized Flow,S„,: ft/ft Conveyance Coefficient,C,: 5 Runoff Coefficient Runoff Coefficient Equations For 100-yr Storm Return Period: KA =-0.25i +0.32 CA KA+(1.31i3-1.44i2+ 1.135i-0.12) for CA≥0 else CA=0 K00 =-0.39i +0.46 Cco=Kco+(0.858i3-0.786i2+0.774i+0.04) For 10-yr Storm Return Period: KA =-0.14i +0.17 CB=(CA+Con)/2 Kco =-0.18i +0.21 For 5-yr Storm Return Period: KA =-0.08i +0.09 Kco =-0.10i +0.11 Return Period! Ccomposue I CA I Ce I Cco I KA I K00 5-Year 0.103 0.000 0.082 0.163 0.088 0.108 10-Year 0.191 0.069 0.165 0.262 0.167 0.206 100-Year 0.401 0.217 0.362 0.507 0.315 0.452 Time of Concentration Rainfall Intensity Total time of concentration equation: Rainfall Intensity Equation: Lesser ofe: to=t +t, l=(28.5 P,A,)/(10+T )°788 where P1hr is the 1hr point rainfall depth or tc=L/180+10(if in urban area) Overland flow travel time equation: tc= 95 min P,1„ t=(0.395 (1.1 -Cs)*sgrt(L0))/Sa33 t,= 95 min Return Period in in/hr Channelized flow travel time equation: t 0 min 5-Year 1.49 1.09 t,Lc/(V'60)where V=(C,*5wp 5) V= 0.000 ft/s 10-Year 1.76 1.29 100-Year 2.78 2.04 Peak Flow Rate Rational Method Equation: O=Ccomposne*I A Return Ccompos,,, I A Q Period in/hr acres cfs 5-Year 0.103 1.09 45.0 5.1 10-Year 0.191 1.29 45.0 11.1 100-Year 0.401 2.04 45.0 36.9 Notes: 1: Basin imperviousness determined from guidelines in UDFCD Drainage Criteria Manual Table RO-3 2: Conveyance coefficient determined from guidelines in UDFCD Drainage Criteria Manual Table RO-2 3: Minimum t. is 10 min.for non-urban areas and 5 min.for urban areas Date: 5/5/2010 Parsons Mine - Lafarge West, Inc Fna/ Drainage Report Peak Runoff Calculations Using the Rational Method Basin: RB3(H2) Condition: Reclaimed Storm Return Period: Basin Chracteristics Area,A: 107 acres Basin Imperviousness' (in percent),is 2,00/ Distance of Overland Flow,Le: 3,028 ft Hydrologic Soils Group A Percent of Basin: 0.0% Distance of Channelized Flow,Le: 3,090 ft Hydrologic Soils Group B Percent of Basin: 61.6% Average Basin Slope,S: 0.01467 ft/ft Hydrologic Soils Groups C&D Percent of Basin: 38.4% Slope of Channelized Flow,Sw: 0.00241 ft/ft Conveyance Coefficient2,C,: 15 Runoff Coefficient Runoff Coefficient Equations For 100-yr Storm Return Period: KA =-0.25i +0.32 CA=KA+(1.31i3- 1.44i2+1.135i-0.12) for CA≥0 else CA=0 K CD =-0.39i +0.46 Cco Kcn+(0.858i3-0.786i2+0.774i+0.04) For 10-yr Storm Return Period: KA =-0.141 +0.17 Ce=(CA+C00)/2 K00 =-0.181 +0.21 For 5-yr Storm Return Period: KA =-0.08i +0.09 Kco =-0.10i +0.11 Return Period' Ceompoene I CA I CB I Cco I KA [ KcD 5-Year 0.113 0.000 0.082 0.163 0.088 0.108 10-Year 0.202 0.069 0.165 0.262 0.167 0.206 100-Year 0.418 0.217 0.362 0.507 0.315 0.452 Time of Concentration Rainfall Intensity Total time of concentration equation: Rainfall Intensity Equation: Lesser of3: to=t,+t, 1=(28.5 Pie)/(10+T,)°386 where P,n,is the 1 hr point rainfall depth or tp=L/180+10(if in urban area) Overland flow travel time equation: te= 156 min PM, t,=(0.395'(1.1 -C5)*sgrt(L,))/S°-33 t,= 86 min Return Period in in/hr Channelized flow travel time equation: t,= 70 min 5-Year 1.49 0.76 t,=L,/(V 60)where V=(C, S„,°5) V= 0.736 ft/s 10-Year 1.76 0.90 100-Year 2.78 1.43 Peak Flow Rate Rational Method Equation: =Ccomposte*I `A Return Coomposte I A Q Period in/hr acres cfs 5-Year 0.113 0.76 107 9.2 10-Year 0.202 0.90 107 19.5 100-Year 0.418 1.43 107 63.5 Notes: 1: Basin imperviousness determined from guidelines in UDFCD Drainage Criteria Manual Table RO-3 2: Conveyance coefficient determined from guidelines in UDFCD Drainage Criteria Manual Table RO-2 3: Minimum t, is 10 min.for non-urban areas and 5 min.for urban areas Date: 5/5/2010 Parsons Mine - Lafarge West, Inc Final Drainage Report Peak Runoff Calculations Using the Rational Method Basin: RB4-1 (H2) Condition: Reclaimed Storm Return Period: Basin Chracteristics Area,A: 37.9 acres Basin Imperviousness' (in percent),is 2.0% Distance of Overland Flow,Lo: 2,253 ft Hydrologic Soils Group A Percent of Basin: 0.0% Distance of Channelized Flow,Ls: 0 ft Hydrologic Soils Group B Percent of Basin: 100.0% Average Basin Slope,S: 0.00575 ft/ft Hydrologic Soils Groups C&D Percent of Basin: 0.0% Slope of Channelized Flow, S„,: ft/ft Conveyance Coefficient2,C,: 5 Runoff Coefficient Runoff Coefficient Equations For 100-yr Storm Return Period: KA =-0.25i +0.32 CA=KA+(1.31i3-1.44i2+ 1.135i-0.12) for CA?0 else CA=0 K c0 =-0.39i +0.46 Cco=Kco+(0.858i3-0.786i`+0.774i+0.04) For 10-yr Storm Return Period: KA =-0.14i +0.17 Ca=(CA+Cco)/2 K 00 =-0.18i +0.21 For 5-yr Storm Return Period: KA =-0.08i +0.09 K00 =-0.10/ +0.11 Return Period' Coompos;,e I CA I CB I Cco I KA I Kco 5-Year 0.082 0.000 0.082 0.163 0.088 0.108 10-Year 0.165 0.069 0.165 0.262 0.167 0.206 100-Year 0.362 0.217 0.362 0.507 0.315 0.452 Time of Concentration Rainfall Intensity Total time of concentration equation: Rainfall Intensity Equation: Lesser of3: to=t,+t, 1=(28.5 P„„)/(10+Tc)o 786 where P,6,is the 1 hr point rainfall depth or to=L/180+10(if in urban area) Overland flow travel time equation: to= 105 min P,6, t,=(0.395'(1.1 -C5) sgrt(L,))/S°33 t,= 105 min Return Period in in/hr Channelized flow travel time equation: t,= 0 min 5-Year 1.49 1.02 t, Le/(V 60)where V=(C, S.„p5) V= 0.000 ft/s 10-Year 1.76 1.20 100-Year 2.78 1.90 Peak Flow Rate Rational Method Equation: o=Ccomposne*I*A Return Ccomposue I A Q+ Period in/hr acres cfs 5-Year 0.082 1.02 37.9 3.1 10-Year 0.165 1.20 37.9 7.5 100-Year 0.362 1.90 37.9 26.1 Notes: 1: Basin imperviousness determined from guidelines in UDFCD Drainage Criteria Manual Table RO-3 2: Conveyance coefficient determined from guidelines in UDFCD Drainage Criteria Manual Table RO-2 3: Minimum is is 10 min.for non-urban areas and 5 min.for urban areas Date: 5/5/2010 Parsons Mine - Lafarge West, Inc Final Drainage Report Peak Runoff Calculations Using the Rational Method Basin: RB5-1 (H8) Condition: Reclaimed Storm Return Period: Basin Chracteristics Area,A: 52.3 acres Basin Imperviousness' (in percent),is 0.0% Distance of Overland Flow, Lo: 2286 ft Hydrologic Soils Group A Percent of Basin: 0.0% Distance of Channelized Flow, Lc: 0 ft Hydrologic Soils Group B Percent of Basin: 91.8% Average Basin Slope, S: 0.00965 ft/ft Hydrologic Soils Groups C&D Percent of Basin: 8.2% Slope of Channelized Flow,Sw: fUft Conveyance Coefficient2, C,: 5 Runoff Coefficient Runoff Coefficient Equations For 100-yr Storm Return Period: K =-0.25i +0.32 CA=KA+(1.31 i3-1.44i2+ 1.135i-0.12) for CA a'0 else CA=0 K00 =-0.39i +0.46 Cco=Kco+(0.858i3-0.786i2+0.774i+0.04) For 10-yr Storm Return Period: KA =-0.14i +0.17 CB=(CA+COB)/2 K 0 =-0.18i +0.21 For 5-yr Storm Return Period: KA =-0.08i +0.09 K00 =-0.10i +0.11 Return Period' Cwmposne I CA I CB I Cop I KA I KCD 5-Year 0.081 0.000 0.075 0.150 0.090 0.110 10-Year 0.158 0.050 0.150 0.250 0.170 0.210 100-Year 0.362 0.200 0.350 0.500 0.320 0.460 Time of Concentration Rainfall Intensity Total time of concentration equation: Rainfall Intensity Equation: Lesser of3: t€=t,+ 1=(28.5 Puy)/(10+Ts)o785 where Pm,,,is the 1hr point rainfall depth or is=L/180+10(if in urban area) Overland flow travel time equation: to= 89 min P,,,, t,=(0.395"(1.1 -C5)"sqrt(L0))/So.33 t,= 89 min Return Period in in/hr Channelized flow travel time equation: t, 0 min 5-Year 1.49 1.15 [FL,/(V'60)where V=(Cy"Sw°5) V= 0.000 ft/s 10-Year 1.76 1.35 100-Year 2.78 2.14 Peak Flow Rate Rational Method Equation: 0=Coompos;,o' I A Return Coomposne I A Q Period in/hr acres cfs 5-Year 0.081 1.15 52.3 4.9 10-Year 0.158 1.35 52.3 11.2 100-Year 0.362 2.14 52.3 40.5 Notes: 1: Basin imperviousness determined from guidelines in UDFCD Drainage Criteria Manual Table RO-3 2: Conveyance coefficient determined from guidelines in UDFCD Drainage Criteria Manual Table RO-2 3: Minimum t is 10 min.for non-urban areas and 5 min.for urban areas Date: 5/5/2010 Parsons Mine - Lafarge West, Inc Final Drainage Report Peak Runoff Calculations Using the Rational Method Basin: R86 (H8) Condition: Reclaimed Storm Return Period: Basin Chracteristics Area,A: 27.9 acres Basin Imperviousness' (in percent), is 0,0% Distance of Overland Flow,Lo: 2,370 ft Hydrologic Soils Group A Percent of Basin: 8.9% Distance of Channelized Flow,L0: 0 ft Hydrologic Soils Group B Percent of Basin: 69.5% Average Basin Slope,S: 0.01156 ft/ft Hydrologic Soils Groups C&D Percent of Basin: 21.5% Slope of Channelized Flow, S,„: ft/ft Conveyance Coefficient,C0: 5 Runoff Coefficient Runoff Coefficient Equations For 100-yr Storm Return Period: KA =-0.251 +0.32 CA=KA+(1.31i3-1.44i2+ 1.135i-0.12) for CA≥0 else CA=0 Kcq =-0.391 +0.46 Cco=Kco+(0.858i3-0.786i2+0.774i+0.04) For 10-yr Storm Return Period: KA =-0.141 +0.17 Ce=(CA+Cco)/2 K 0D =-0.181 +0.21 For 5-yr Storm Return Period: KA =-0.081 +0.09 K BD =-0.101 +0.11 Return Period) Ccomposae I CA I Cs l Cco I K4 K00 5-Year 0.084 0.000 0.075 0.150 0.090 0.110 10-Year 0.162 0.050 0.150 0.250 0.170 0.210 100-Year 0.369 0.200 0.350 0.500 0.320 0.460 Time of Concentration Rainfall Intensity Total time of concentration equation: Rainfall Intensity Equation: Lesser of3: to=t,,+t, 1=(28.5* P,h,)/(10+T0)°'85 where P,5,is the 1 hr point rainfall depth or t,=L 1180+10(if in urban area) Overland flow travel time equation: y 85 min Plhr y(0.395*(1.1 -C5)*sgrt(L0))/S033 1,= 85 min Return Period in in/hr Channelized flow travel time equation: t, 0 min 5-Year 1.49 1.18 t,Le/(V'60)where V=(C0*Sw°5) V= 0.000 ft/s 10-Year 1.76 1.40 100-Year 2.78 2.21 Peak Flow Rate Rational Method Equation: Q=C00,0eosi,e*I A Return Coomeos„e I A Q Period in/hr acres cfs 5-Year 0.084 1.18 27.9 2.8 10-Year 0.162 1.40 27.9 6.4 100-Year 0.369 2.21 27.9 22.8 Notes: 1: Basin imperviousness determined from guidelines in UDFCD Drainage Criteria Manual Table RO-3 2: Conveyance coefficient determined from guidelines in UDFCD Drainage Criteria Manual Table RO-2 3: Minimum to is 10 min.for non-urban areas and 5 min.for urban areas Date: 5/5/2010 Parsons Mine - Lafarge West, Inc Final Drainage Report Peak Runoff Calculations Using the Rational Method Basin: R87(1-19) Condition: Reclaimed Storm Return Period: Basin Chracteristics Area,A: 25.0 acres Basin Imperviousness' (in percent),is 0.0% Distance of Overland Flow,Lo: 1,136 ft Hydrologic Soils Group A Percent of Basin: 0.0% Distance of Channelized Flow,Lo: 0 ft Hydrologic Soils Group B Percent of Basin: 56.3% Average Basin Slope,S: 0.01650 ft/ft Hydrologic Soils Groups C&D Percent of Basin: 43.7% Slope of Channelized Flow,Sw: ft/ft Conveyance Coefficient, Q: 5 Runoff Coefficient Runoff Coefficient Equations For 100-yr Storm Return Period: KA =-0.25i +0.32 CA=KA+(1.31i3-1.44i2+ 1.135i-0.12) for CA?0 else CA=0 K cD =-0.39i +0.46 Cco=Kco+(0.858i3-0.786i2+0.774i+0.04) For 10-yr Storm Return Period: KA =-0.14i +0.17 CB=(CA+Soo)/2 =K - 0.18i +0.21 co For 5-yr Storm Return Period: KA =-0.08i +0.09 Kco =-0.10i +0.11 Return Period! Ccompos;,e I CA I CB I Ccn I KA I KCD 5-Year 0.108 0.000 0.075 0.150 0.090 0.110 10-Year 0.194 0.050 0.150 0.250 0.170 0.210 100-Year 0.416 0.200 0.350 0.500 0.320 0.460 Time of Concentration Rainfall Intensity Total time of concentration equation: Rainfall Intensity Equation: Lesser of3: tc=t,,+t, l=(28.5*Pin,)/(10+7,12-286 where P,h,is the l hr point rainfall depth or to=L/180+10(if in urban area) Overland flow travel time equation: to= 51 min P,n, t,=(0.395*(1.1 -C5)'sqrt(L0))/S°33 t= 51 min Return Period in in/hr Channelized flow travel time equation: t,= 0 min 5-Year 1.49 1.68 t=Lo/(V'60)where V=(Q*Sw°5) V= 0.000 ft/s 10-Year 1.76 1.98 100-Year 2.78 3.13 Peak Flow Rate Rational Method Equation: Q=Coor,pos;,,* I*A Return Ccomposae I A Q Period in/hr acres cfs 5-Year 0.108 1.68 25.0 4.5 10-Year 0.194 1.98 25.0 9.6 100-Year 0.416 3.13 25.0 32.5 Notes: 1: Basin imperviousness determined from guidelines in UDFCD Drainage Criteria Manual Table RO-3 2: Conveyance coefficient determined from guidelines in UDFCD Drainage Criteria Manual Table RO-2 3: Minimum to is 10 min.for non-urban areas and 5 min.for urban areas Date: 5/5/2010 Parsons Mine - Lafarge West, Inc Final Drainage Report Peak Runoff Calculations Using the Rational Method Basin: RB6-1 (H6) Condition: Reclaimed Storm Return Period: Basin Chracteristics Area,A: 2.6 acres Basin Imperviousness' (in percent),is 0.0% Distance of Overland Flow, Lo: 492 ft Hydrologic Soils Group A Percent of Basin: 0.0% Distance of Channelized Flow, Le: 0 ft Hydrologic Soils Group B Percent of Basin: 62.0% Average Basin Slope,S: 0.00496 ft/ft Hydrologic Soils Groups C&D Percent of Basin: 38.0% Slope of Channelized Flow,Sw: ft/ft Conveyance Coefficient,C,: 5 Runoff Coefficient Runoff Coefficient Equations For 100-yr Storm Return Period: KA =-0.25i +0.32 CA=KA+(1.31i3-1.44i2+ 1.135i-0.12) for CA≥0 else CA=0 K CD =-0.39/ +0.46 CcD=Kco+(0.858i3-0.786i2+0.774i+0.04) For 10-yr Storm Return Period: KA =-0.14i +0.17 Ca=(CA+Cm)/2 K00 =-0.18i +0.21 For 5-yr Storm Return Period: KA =-0.08i +0.09 K00 =-0.10i +0.11 Return Period' Coomposne I CA I C5 I CCD I KA I K00 5-Year 0.104 0.000 0.075 0.150 0.090 0.110 10-Year 0.188 0.050 0.150 0.250 0.170 0.210 100-Year 0.407 0.200 0.350 0.500 0.320 0.460 Time of Concentration Rainfall Intensity Total time of concentration equation: Rainfall Intensity Equation: Lesser of3: to=t,+t, 1=(28.5' P„„)/(10+Te)o 783 where P,n,is the 1 hr point rainfall depth or is=L/180+10(if in urban area) Overland flow travel time equation: to= 50 min P1,,, I t=(0.395'(1.1 -Cs)'sgrt(Lo))/S033 t,= 50 min Return Period in in/hr Channelized flow travel time equation: t,= 0 min 5-Year 1.49 1.70 t,L,/(V'60)where V=(C„'Sw°5) V= 0.000 fUs 10-Year 1.76 2.01 100-Year 2.78 3.17 Peak Flow Rate Rational Method Equation: O=Ceompos;,e'I'A Return Ceomposne I A Q Period in/hr acres cfs 5-Year 0.104 1.70 2.6 0.5 10-Year 0.188 2.01 2.6 1.0 100-Year 0.407 3.17 2.6 3.4 Notes: 1: Basin imperviousness determined from guidelines in UDFCD Drainage Criteria Manual Table RO-3 2: Conveyance coefficient determined from guidelines in UDFCD Drainage Criteria Manual Table RO-2 3: Minimum t, is 10 min.for non-urban areas and 5 min.for urban areas Date: 5/5/2010 Parsons Mine - Lafarge West, Inc Final Drainage Report Peak Runoff Calculations Using the Rational Method Basin: RB9-1 (H6) Condition: Reclaimed Storm Return Period: Basin Chracteristics Area,A: 9.4 acres Basin Imperviousness' (in percent),is 0.0%/ Distance of Overland Flow,Lo: 585 ft Hydrologic Soils Group A Percent of Basin: 0.0% Distance of Channelized Flow,L0: 0 ft Hydrologic Soils Group B Percent of Basin: 98.0% Average Basin Slope,S: 0.00496 ft/ft Hydrologic Soils Groups C&D Percent of Basin: 2.0% Slope of Channelized Flow,5,„: ft/ft Conveyance Coefficient,C,: 5 Runoff Coefficient Runoff Coefficient Equations For 100-yr Storm Return Period: KA =-0.25i +0.32 CA=KA+(1.31i3-1.44i2+ 1.1351-0.12) for CA≥0 else CA=0 K00 =-0.391 +0.46 Cco Kco+(0.858i3-0.786i2+0.774i+0.04) For 10-yr Storm Return Period: KA =-0.14i +0.17 Ce=(CA+C00)/2 K 0 =-0.18i +0.21 For 5-yr Storm Return Period: KA =-0.08i +0.09 K00 =-0.10i +0.11 Return Period' Ccomposae I CA I Cs I C00 I KA I K00 5-Year 0.077 0.000 0.075 0.150 0.090 0.110 10-Year 0.152 0.050 0.150 0.250 0.170 0.210 100-Year 0.353 0.200 0.350 0.500 0.320 0.460 Time of Concentration Rainfall Intensity Total time of concentration equation: Rainfall Intensity Equation: Lesser of3: to=t,+t, l=(28.5"P,,,,)/(10+Tc)°o786 where P,,,is the t hr point rainfall depth or tc=L/180+10(if in urban area) Overland flow travel time equation: t,= 56 min P,h, t,=(0.395*(1.1 -C5)'sgrt(L0))/S0.33 t,= 56 min Return Period in in/hr Channelized flow travel time equation: t,= 0 min 5-Year 1.49 1.58 t,=L,/(V"60)where V=(C,"5,3-3) V= 0.000 fUs 10-Year 1.76 1.86 100-Year 2.78 2.94 Peak Flow Rate Rational Method Equation: Q=C omvos;,e' I"A Return Coemaome I A Q Period in/hr acres _ Cfs 5-Year 0.077 1.58 9.4 1.1 10-Year 0.152 1.86 9.4 2.7 100-Year 0.353 2.94 9.4 9.7 Notes: 1: Basin imperviousness determined from guidelines in UDFCD Drainage Criteria Manual Table RO-3 2: Conveyance coefficient determined from guidelines in UDFCD Drainage Criteria Manual Table RO-2 3: Minimum t, is 10 min.for non-urban areas and 5 min.for urban areas Date: 5/5/2010 Parsons Mine - Lafarge West, Inc Final Drainage Report Peak Runoff Calculations Using the Rational Method Basin: RB10(li6) Condition: Reclaimed Storm Return Period: Basin Chracteristics Area,A: 29.5 acres Basin Imperviousness' (in percent),is 0.0% Distance of Overland Flow, Lo: 528 ft Hydrologic Soils Group A Percent of Basin: 48.1% Distance of Channelized Flow,Le: 2,127 ft Hydrologic Soils Group B Percent of Basin: 48.2% Average Basin Slope,S: 0.00496 ft/ft Hydrologic Soils Groups C&D Percent of Basin: 3.6% Slope of Channelized Flow,S„: 0.00025 ft/ft Conveyance Coefficient',C,: 15 Runoff Coefficient Runoff Coefficient Equations For 100-yr Storm Return Period: KA =-0.251 +0.32 CA=KA+(1.31i3-1.44i'+1.135i-0.12) for CA≥0 else CA=0 Kco =-0.39i +0.46 Cco=Kco+(0.858i3-0.786i'+0.774i+0.04) For 10-yr Storm Return Period: KA =-0.14i +0.17 Ca=(CA+Cco)/2 Kco =-0.18i +0.21 For 5-yr Storm Return Period: KA =-0.081 +0.09 K00 =-0.10i +0.11 Return Period) Coompos;,e I CA I Cs J CCD I KA I Kco 5-Year 0.042 0.000 0.075 0.150 0.090 0.110 10-Year 0.105 0.050 0.150 0.250 0.170 0.210 100-Year 0.283 0.200 0.350 0.500 0.320 0.460 Time of Concentration Rainfall Intensity Total time of concentration equation: Rainfall Intensity Equation: Lesser of3: k=4,+t, 1=(28.5*P,n,)/(10+7c)°186 where P,,,,is the lhr point rainfall depth or t0=L/180+10(if in urban area) Overland flow travel time equation: t,' 205 min P,h, L=(0.395 (1.1 -C5)'sgrt(L,))/S0-33 t, 55 min Return Period in in/hr Channelized flow travel time equation: t, 150 min 5-Year 1.49 0.62 to-Lo/(V 60)where V=(C„'S„.D5) V= 0.237 ft/s 10-Year 1.76 0.74 100-Year 2.78 1.16 Peak Flow Rate Rational Method Equation: Q=Ceompos;,e'I*A Return Coomposne I A Q Period in/hr acres cfs 5-Year 0.042 0.62 29.5 0.8 10-Year 0.105 0.74 29.5 2.3 100-Year 0.283 1.16 29.5 9.7 Notes: 1: Basin imperviousness determined from guidelines in UDFCD Drainage Criteria Manual Table RO-3 2: Conveyance coefficient determined from guidelines in UDFCD Drainage Criteria Manual Table RO-2 3: Minimum t, is 10 min.for non-urban areas and 5 min.for urban areas Date: 5/5/2010 Parsons Mine - Lafarge West, Inc Final Drainage Report Peak Runoff Calculations Using the Rational Method Basin: RB11 (H7) Condition: Reclaimed Storm Return Period: Basin Chracteristics Area,A: 21.7 acres Basin Imperviousness' (in percent),is 0.0% Distance of Overland Flow,L0: 1,300 ft Hydrologic Soils Group A Percent of Basin: 65.1% Distance of Channelized Flow, L0: 0 ft Hydrologic Soils Group B Percent of Basin: 34.4% Average Basin Slope,S: 0.00421 Mt Hydrologic Soils Groups C 8 D Percent of Basin: 0.6% Slope of Channelized Flow,S ,: ft/ft Conveyance Coefficient,C,,: 5 Runoff Coefficient Runoff Coefficient Equations For 100-yr Storm Return Period: KA =-0.25i +0.32 CA-KA+ (1.31i3-1.44i2+ 1.135i-0.12) for CA≥0 else CA=0 K00 =-0.39i +0.46 Cco=Kcn+(0.858i3-0.786i2+0.774i+0.04) For 10-yr Storm Return Period: KA =-0.141 +0.17 Ce=(CA+ C00)/2 K00 =-0.18i +0.21 For 5-yr Storm Return Period: KA =-0.08i +0.09 K 0 =-0.10i +0.11 Return Period Coomposae I CA I CA I Cco I KA I Kco 5-Year 0.027 0.000 0.075 0.150 0.090 0.110 10-Year 0.086 0.050 0.150 0.250 0.170 0.210 100-Year 0.254 0.200 0.350 0.500 0.320 0.460 Time of Concentration Rainfall Intensity Total time of concentration equation: Rainfall Intensity Equation: Lesser of3: to=t,+15 l=(28.5*PIn,)/(10+T0)°736 where Pin,is the lhr point rainfall depth or t5=L/180+10(if in urban area) Overland flow travel time equation: ty= 93 min Ps+ I t1=(0.395'(1.1 -C5)*sgrt(L,))/S033 t,= 93 min Return Period in in/hr Channelized flow travel time equation: t, 0 min 5-Year 1.49 1.11 t,Le/(V 60)where V=(C, Sw°5) V= 0.000 ft/s 10-Year 1.76 1.31 100-Year 2.78 2.07 Peak Flow Rate Rational Method Equation: O=Ccomposne*I•A Return Ceomeosne I A Q Period in/hr acres cfs 5-Year 0.027 1.11 21.7 0.6 10-Year 0.086 1.31 21.7 2.4 100-Year 0.254 2.07 21.7 11.4 Notes: 1: Basin imperviousness determined from guidelines in UDFCD Drainage Criteria Manual Table RO-3 2: Conveyance coefficient determined from guidelines in UDFCD Drainage Criteria Manual Table RO-2 3: Minimum to is 10 min.for non-urban areas and 5 min.for urban areas Date: 5/5/2010 Parsons Mine - Lafarge West, Inc Final Drainage Report Peak Runoff Calculations Using the Rational Method Basin: R812 (1-14) Condition: Reclaimed Storm Return Period: Basin Chracteristics Area,A: 96.9 acres Basin Imperviousness' (in percent),is 2.0% Distance of Overland Flow, Lo: 2,784 ft Hydrologic Soils Group A Percent of Basin: 4.5% Distance of Channelized Flow, Lc: 1,930 ft Hydrologic Soils Group B Percent of Basin: 24.6% Average Basin Slope,S: 0.04965 ft/ft Hydrologic Soils Groups C 8,D Percent of Basin: 70.9% Slope of Channelized Flow,Sw: 0.06408 ftft Conveyance Coefficient,C,: 15 Runoff Coefficient Runoff Coefficient Equations For 100-yr Storm Return Period: KA =-0.25i +0.32 CA=KA+(1.31i3- 1.44i2+ 1.135i-0.12) for CA?0 else CA=0 K co =-0.39i +0.46 CcD=Kco+(0.858i3-0.786i2+0.774i+0.04) For 10-yr Storm Return Period: KA =-0.14i +0.17 CB=(CA+CCD)/2 Kw =-0.18/ +0.21 For 5-yr Storm Return Period: KA =-0.08i +0.09 Kw =-0.101 +0.11 Return Period' Ccomposte I CA I C6 I CCD I KA I Kco 5-Year 0.136 0.000 0.082 0.163 0.088 0.108 10-Year 0.229 0.069 0.165 0.262 0.167 0.206 100-Year 0.459 0.217 0.362 0.507 0.315 0.452 Time of Concentration Rainfall Intensity Total time of concentration equation: Rainfall Intensity Equation: Lesser of3: tc=t;+1, l=(28.5*Pin,)/(10+Tcf 585 where P,hr is the 1 hr point rainfall depth or is=L/180+10(if in urban area) Overland flow travel time equation: tc= 62 min P,hr t,=(0.395 (1.1 -C5) sqrt(L0))/Sn33 t,= 54 min Return Period in in/hr Channelized flow travel time equation: t 8 min 5-Year 1.49 1.47 t, Lc/(V*60)where V=(C,"Sw°5) V= 3.797 ft/s 10-Year 1.76 1.74 100-Year 2.78 2.75 Peak Flow Rate Rational Method Equation: O=Ccomposie* I A Return Ccom,s„e I A Q Period in/hr acres cfs 5-Year 0.136 1.47 96.9 19.4 10-Year 0.229 1.74 96.9 38.7 100-Year 0.459 2.75 96.9 122.1 Notes: 1: Basin imperviousness determined from guidelines in UDFCD Drainage Criteria Manual Table RO-3 2: Conveyance coefficient determined from guidelines in UDFCD Drainage Criteria Manual Table RO-2 3: Minimum fc is 10 min.for non-urban areas and 5 min.for urban areas Date: 5/5/2010 Parsons Mine - Lafarge West, Inc Final Drainage Report Peak Runoff Calculations Using the Rational Method Basin: RB13 (H3) Condition: Reclaimed Storm Return Period: Basin Chracteristics Area,A: 131 acres Basin Imperviousness' (in percent),is 2.0% Distance of Overland Flow,Lo: 2572 ft Hydrologic Soils Group A Percent of Basin: 29.8°/ Distance of Channelized Flow,Le: 4,031 ft Hydrologic Soils Group B Percent of Basin: 18.3% Average Basin Slope,S: 0.07733 Mt Hydrologic Soils Groups C&D Percent of Basin: 51.9% Slope of Channelized Flow,S,,: 0.02720 ft/ft Conveyance Coefficient',C,: 15 Runoff Coefficient Runoff Coefficient Equations For 100-yr Storm Return Period: KA =-0.251 +0.32 CA=KA+(1.31i3-1.44i2+ 1.135i-0.12) for CA?0 else CA=0 Kco =-0.391 +0.46 Ccn=KoD+(0.858i3-0.786i2+0.774i+0.04) For 10-yr Storm Return Period: KA =-0.141 +0.17 Ca=(CA+Cco)/2 Kco =-0.18i +0.21 For 5-yr Storm Return Period: KA =-0.081 +0.09 Kai =-0.101 +0.11 Return Period' Ceempos;,e I CA I CB I CCU I KA I Kco 5-Year 0.100 0.000 0.082 0.163 0.088 0.108 10-Year 0.187 0.069 0.165 0.262 0.167 0.206 100-Year 0.394 0.217 0.362 0.507 0.315 0.452 Time of Concentration Rainfall Intensity Total time of concentration equation: Rainfall Intensity Equation: Lesser of3: to=t,+t, 1=(28.5 P,,,,)/(10+T,)°78°where P15,is the 1 hr point rainfall depth or to=L/180+10(if in urban area) Overland flow travel time equation: t,= 74 min P,5, I t,=(0.395 (1.1 -Cs)`sgrt(Lj))/8°33 t,= 47 min Return Period in in/hr Channelized flow travel time equation: t,= 27 min 5-Year 1.49 1.30 t,=Le/(V*60)where V=(C,*S„,p 5) V= 2.474 ft/s 10-Year 1.76 1.54 100-Year 2.78 2.43 Peak Flow Rate Rational Method Equation: Q=Ceemoesne'I A Return Ceomoos;,s 1 A Q Period in/hr acres cfs 5-Year 0.100 1.30 131 17.0 10-Year 0.187 1.54 131 37.7 100-Year 0.394 2.43 131 125.8 Notes: 1: Basin imperviousness determined from guidelines in UDFCD Drainage Criteria Manual Table RO-3 2: Conveyance coefficient determined from guidelines in UDFCD Drainage Criteria Manual Table RO-2 3: Minimum t, is 10 min.for non-urban areas and 5 min.for urban areas Date: 5/5/2010 Parsons Mine - Lafarge West, Inc Final Drainage Report Peak Runoff Calculations Using the Rational Method Basin: RB14-1 (H3) Condition: Reclaimed Storm Return Period: Basin Chracteristics Area,A: 62.5 acres Basin Imperviousness' (in percent),is 0.0% Distance of Overland Flow,Lo: 998 ft Hydrologic Soils Group A Percent of Basin: 39.8% Distance of Channelized Flow,Le: 2,627 ft Hydrologic Soils Group B Percent of Basin: 11.5% Average Basin Slope, S: 0.07844 ft/ft Hydrologic Soils Groups C&D Percent of Basin: 48.8% Slope of Channelized Flow,S„.: 0.05881 ft/ft Conveyance Coefficient',C,: 15 Runoff Coefficient Runoff Coefficient Equations For 100-yr Storm Return Period: KA =-0.251 +0.32 CA=KA+(1.31i3- 1.44i2+ 1.135i-0.12) for CA?0 else CA=0 Kco =-0.39i +0.46 Cco=Kco+(0.858i3-0.786i2+0.774i+0.04) For 10-yr Storm Return Period: KA =-0.14i +0.17 CB=(CA+Cub)/2 Kco =-0.18i +0.21 For 5-yr Storm Return Period: KA =-0.08i +0.09 Kco =-0.10i +0.11 Return Period' Ccompoe;,e I CA I CB I CcD I KA I Kco 5-Year 0.082 0.000 0.075 0.150 0.090 0.110 10-Year 0.159 0.050 0.150 0.250 0.170 0.210 100-Year 0.364 0.200 0.350 0.500 0.320 0.460 Time of Concentration Rainfall Intensity Total time of concentration equation: Rainfall Intensity Equation: Lesser of3: tc=t,+t1 l=(28.5 P,,,,)/(10+T,)°766 where F15,is the 1 hr point rainfall depth or t,=L/180+10(if in urban area) Overland flow travel time equation: to= 41 min P,o, t,=(0.395"(1.1 -C5)"sgrt(L,))/S233 t, 29 min Return Period in in/hr Channelized flow travel time equation: ti= 12 min 5-Year 1.49 1.93 t,=L,/(V*60)where V=(C,*Sw°5) V= 3.638 fUs 10-Year 1.76 2.28 100-Year 2.78 3.60 Peak Flow Rate Rational Method Equation: o=Coomposiie*I`A Return C,0,,,,1, I A Q Period in/hr acres cfs 5-Year 0.082 1.93 62.5 9.9 10-Year 0.159 2.28 62.5 22.7 100-Year 0.364 3.60 62.5 82.0 Notes: 1: Basin imperviousness determined from guidelines in UDFCD Drainage Criteria Manual Table RO-3 2: Conveyance coefficient determined from guidelines in UDFCD Drainage Criteria Manual Table RO-2 3: Minimum t, is 10 min.for non-urban areas and 5 min.for urban areas Date: 5/5/2010 Parsons Mine - Lafarge West, Inc Final Drainage Report Peak Runoff Calculations Using the Rational Method Basin: RB15-1 (H5) Condition: Reclaimed Storm Return Period: Basin Chracteristics Area,A: 2.7 acres Basin Imperviousness' (in percent),is 0.0% Distance of Overland Flow, Lo: 271 ft Hydrologic Soils Group A Percent of Basin: 6.8% Distance of Channelized Flow, L,: 0 ft Hydrologic Soils Group B Percent of Basin: 0.0% Average Basin Slope,S: 0.00067 ft/ft Hydrologic Soils Groups C&D Percent of Basin: 93.2% Slope of Channelized Flow,S„,: ft/ft Conveyance Coefficient, C,: 5 Runoff Coefficient Runoff Coefficient Equations For 100-yr Storm Return Period: KA =-0.25i +0.32 CA=KA+(1.31i3-1.4412+ 1.135i-0.12) for CA≥0 else CA=0 K00 =-0.39i + 0.46 Cco=Kco+(0.85813-0.78612+0.774i+0.04) For 10-yr Storm Return Period: KA =-0.14i +0.17 CB-(CA+CCD)/2 Kco =-0.181 +0.21 For 5-yr Storm Return Period: KA =-0.08i +0.09 Kco =-0.10i +0.11 Return Period' Ccompos;,e I CA I C8 I CCD I KA I Kco 5-Year 0.140 0.000 0.075 0.150 0.090 0.110 10-Year 0.236 0.050 0.150 0.250 0.170 0.210 100-Year 0.480 0.200 0.350 0.500 0.320 0.460 Time of Concentration Rainfall Intensity Total time of concentration equation: Rainfall Intensity Equation: Lesser of3: to=t,+t I=(28.5*P /(10+T °785 where P is the 1 hrpoint rainfall depth m,) ) mr P or t0=L/180+10(if in urban area) Overland flow travel time equation: t, 70 min P,n, t,=(0.395 (1.1 -C5)*sgrt(Lj))/5°133 t,= 70 min Return Period in in/hr Channelized flow travel time equation: t, 0 min 5-Year 1.49 1.36 ti L,/(V 60)where V=(C„'Sw°5) V= 0.000 ft/s 10-Year 1.76 1.60 100-Year 2.78 2.53 Peak Flow Rate Rational Method Equation: O=Ccomposne•I A Return Coompos;,e I A Q Period in/hr acres cfs 5-Year 0.140 1.36 2.7 0.5 10-Year 0.236 1.60 2.7 1.0 100-Year 0.480 2.53 2.7 3.3 Notes: 1: Basin imperviousness determined from guidelines in UDFCD Drainage Criteria Manual Table RO-3 2: Conveyance coefficient determined from guidelines in UDFCD Drainage Criteria Manual Table RO-2 3'. Minimum t, is 10 min.for non-urban areas and 5 min.for urban areas Date: 5/5/2010 Parsons Mine - Lafarge West, Inc Final Drainage Report Peak Runoff Calculations Using the Rational Method Basin: RB16-1 (H5) Condition: Reclaimed Storm Return Period: Basin Chracteristics Area,A: 4.2 acres Basin Imperviousness' (in percent),is 0.0 Distance of Overland Flow,Lo: 338 ft Hydrologic Soils Group A Percent of Basin: 6.7% Distance of Channelized Flow,Lc: 0 ft Hydrologic Soils Group B Percent of Basin: 0.0% Average Basin Slope, 5: 0.00067 ft/ft Hydrologic Soils Groups C&D Percent of Basin: 93.3% Slope of Channelized Flow,Sw: ft/ft Conveyance Coefficient2,C,: 5 Runoff Coefficient Runoff Coefficient Equations For 100-yr Storm Return Period: KA =-0.25i +0.32 CA=KA+(1.31i3-1.44i2+ 1.135i-0.12) for CA≥0 else CA=0 Kco =-0.39i +0.46 Cco=Kco+(0.858i3-0.786i2+0.774i+0.04) For 10-yr Storm Return Period: KA =-0.14i +0.17 Cs=(CA+Cop)/2 Kco =-0.18i +0.21 For 5-yr Storm Return Period: KA =-0.08i +0.09 K co =-0.10i +0.11 Return Period' Ccomposne I CA I CB I CCD I KA I Kco 5-Year 0.140 0.000 0.075 0.150 0.090 0.110 10-Year 0.237 0.050 0.150 0.250 0.170 0.210 100-Year 0.480 0.200 0.350 0.500 0.320 0.460 Time of Concentration Rainfall Intensity Total time of concentration equation: Rainfall Intensity Equation: Lesser of3: t5=t,+t, 1=(28.5 Pin,)/(10+Te)°7 where P„„is the 1 hr point rainfall depth or tc=L/180+10(if in urban area) Overland flow travel time equation: t5.= 78 min P,,,, L=(0.395*(1.1 -C5) sqrt(L0))/S033 t,= 78 min Return Period in in/hr Channelized flow travel time equation: t, 0 min 5-Year 1.49 1.26 ti L,/(V'60)where V=(C, SA3 5) V= 0.000 ft/s 10-Year 1.76 1.49 100-Year 2.78 2.35 Peak Flow Rate Rational Method Equation: O=Gcompo,ne*I*A Return Coompo,ne I A Q Period in/hr acres cfs 5-Year 0.140 1.26 4.2 0.7 10-Year 0.237 1.49 4.2 1.5 100-Year 0.480 2.35 4.2 4.7 Notes: 1: Basin imperviousness determined from guidelines in UDFCD Drainage Criteria Manual Table RO-3 2: Conveyance coefficient determined from guidelines in UDFCD Drainage Criteria Manual Table RO-2 3: Minimum t, is 10 min.for non-urban areas and 5 min.for urban areas Date: 5/5/2010 Parsons Mine - Lafarge West, Inc Final Drainage Report Peak Runoff Calculations Using the Rational Method Basin: RBI 7(H5) Condition: Reclaimed Storm Return Period: Basin Chracteristics Area,A: 11.8 acres Basin Imperviousness' (in percent), is 0.0% Distance of Overland Flow,Lo: 411 ft Hydrologic Soils Group A Percent of Basin: 19.9% Distance of Channelized Flow, L0: 0 ft Hydrologic Soils Group B Percent of Basin: 0.0% Average Basin Slope,S: 0.00067 ft/ft Hydrologic Soils Groups C&D Percent of Basin: 80.1% Slope of Channelized Flow,Sw: ft/ft Conveyance Coefficient,C,: 5 Runoff Coefficient Runoff Coefficient Equations For 100-yr Storm Return Period: KA =-0.25i +0.32 CA=KA+(1.31i3- 1.44i2+ 1.135i-0.12) for CA?0 else CA=0 Kco =-0.39i +0.46 Cco=Kco+(0.858i3-0.78612+0.774i+0.04) For 10-yr Storm Return Period: KA =-0.14i +0.17 C0=(CA+Coo)/2 Kco =-0.18i +021 For 5-yr Storm Return Period: K A =-0.081 +0.09 Kco =-0.10i +0.11 Return Period' Composite I CA I CB I Cco I KA I Kco 5-Year 0.120 0.000 0.075 0.150 0.090 0.110 10-Year 0.210 0.050 0.150 0.250 0.170 0.210 100-Year 0.440 0.200 0.350 0.500 0.320 0.460 Time of Concentration Rainfall Intensity Total time of concentration equation: Rainfall Intensity Equation: Lesser of: to=t:+tt l=(28.5*Pity)/(10+T0)o 766 where Pile is the 1 hr point rainfall depth or to=L/180+10(if in urban area) Overland flow travel time equation: to= 88 min Pity I t,=(0.395'(1.1 -C5)*sgrt(Lo))/S0-33 t,= 88 min Return Period in in/hr Channelized flow travel time equation: t, 0 min 5-Year 1.49 1.16 t,L0/(V'60)where V=(C,,*Sw°5) V= 0.000 ft/s 10-Year 1.76 1.37 100-Year 2.78 2.16 Peak Flow Rate Rational Method Equation, O=Ccomposte` I*A Return C composite I A Q Period in/hr acres cfs 5-Year 0.120 1.16 11.8 1.6 10-Year 0.210 1.37 11.8 3.4 100-Year 0.440 2.16 11.8 11.2 Notes: 1: Basin imperviousness determined from guidelines in UDFCD Drainage Criteria Manual Table RO-3 2: Conveyance coefficient determined from guidelines in UDFCD Drainage Criteria Manual Table RO-2 3: Minimum t0 is 10 min.for non-urban areas and 5 min.for urban areas Date: 5/5/2010 Parsons Mine - Lafarge West, Inc Final Drainage Report Peak Runoff Calculations Using the Rational Method Basin: RB18-1 (H6) Condition: Reclaimed Storm Return Period: Basin Chracteristics Area,A: 1.1 acres Basin Imperviousness' (in percent),is 0.0% Distance of Overland Flow, Lo: 147 ft Hydrologic Soils Group A Percent of Basin: 0.0% Distance of Channelized Flow,L0: 0 ft Hydrologic Soils Group B Percent of Basin: 0.0% Average Basin Slope,S: 0.00496 ft/ft Hydrologic Soils Groups C&D Percent of Basin: 100.0% Slope of Channelized Flow,S„,: ft/ft Conveyance Coefficient2,C,: 5 I Runoff Coefficient I Runoff Coefficient Equations For 100-yr Storm Return Period: KA =-0.251 +0.32 Cq KA+ (1.31i3-1.44i2+ 1.135i-0.12) for CA≥0 else CA=0 Kw =-0.391 +0.46 CCD=KCD+(0.858i3-0.786i2+0.774i+0.04) For 10-yr Storm Return Period: KA =-0.141 +0.17 Ce=(CA+COD)/2 Kco =-0.181 +0.21 For 5-yr Storm Return Period: KA =-0.081 +0.09 Kco =-0.10i +0.11 Return Period' Ccompos;,e I CA I Ca I Cat I KA I KcD 5-Year 0.150 0.000 0.075 0.150 0.090 0.110 10-Year 0.250 0.050 0.150 0.250 0.170 0.210 100-Year 0.500 0.200 0.350 0.500 0.320 0.460 Time of Concentration Rainfall Intensity Total time of concentration equation: Rainfall Intensity Equation: Lesser of3: 4=t,+t, 1=(28.5*Pm)/(10+Te)o'ee where P1,,is the 1 hr point rainfall depth •or tc=L/180+10(if in urban area) Overland flow travel time equation: te= 26 min Pig„ I t=(0.395*(1.1 -C5)"sgrt(Lj))/Soa3 t, 26 min Return Period in in/hr Channelized flow travel time equation: t1 0 min 5-Year 1.49 2.54 L=L,/(V*60)where V=(C,"5,„°5) V= 0.000 ft/s 10-Year 1.76 3.00 100-Year 2.78 4.74 Peak Flow Rate Rational Method Equation: Q=Ceompos;re*I`A Return Ccompoe,,e I A Q Period in/hr acres cfs 5-Year 0.150 2.54 1.1 0.4 10-Year 0.250 3.00 1.1 0.8 100-Year 0.500 4.74 1.1 2.6 Notes: 1: Basin imperviousness determined from guidelines in UDFCD Drainage Criteria Manual Table RO-3 2: Conveyance coefficient determined from guidelines in UDFCD Drainage Criteria Manual Table RO-2 3: Minimum t. is 10 min.for non-urban areas and 5 min.for urban areas Date: 5/5/2010 APPENDIX C ADJACENT PROPERTY OWNERSHIP APPENDIX D GRADING AND EROSION CONTROL PLAN • • • • • • • • • • • • • • • •• Lafarge West, Inc. • Final Drainage Report • For Parsons Mine • Revised May 2010 CG-0138.013.00 • • • • • • • • • DEERE & AULT • • • • • • • • • • • • • • I O FLOOD HAZARD DEVELOPMENT • PERMIT APPLICATION O FOR • PARSONS MINE 0 0 0 S 0 S Prepared,for: LAFARGE WEST, INC. 10170 Church Ranch Way, Suite 200 Westminster, Colorado 80021 D&A Job No. WR-0138.013.00 May 2008 Revised May 2010 DEERE & AULT . CONSULTANTS. INC. 600 South Airport Road.Suite A-205 Longmont,CO 80503 (303)651-1468 • Fax(303)651-1469 TETRA TECitd County Phndlna Department 1900 S.Sunset Street,Suite I-F Longmont,CO 80501 GREELEY Jr'tICE Tel: 303.772.5282 Fax: 303-772-7039 • JO ?Mil TRANSMITTAL RECEIVED TO: Weld County Planning FROM: Pam Hora 1555 N. 17th Avenue DATE: May 28, 2010 Greeley,CO 80631 ATTN: Kim Ogle PROJECT: Parsons Mine PHONE: 6170- 363 Ic10O JOB NO: Fax Number: Number of pages sent(including this cover): pages. If you do not receive ail pages or if transmission is not clear, please call Tetra Tech, Inc. at(303)772-5282. Messenger - Delivery _ Pickup _ Other _ Standard Mail X FedEx Overnight WE ARE SENDING YOU: Copies Description 1 Parsons resubmittal packet If enclosures are not as noted,please notify us promptly. THESE ARE TRANSMITTED: For Approval As Requested X For Your Use For Review and Comment REMARKS: COPY TO: J:\FormsThongmonCTemplatearansmittal.doc • FLOOD HAZARD DEVELOPMENT PERMIT APPLICATION • FOR • PARSONS MINE • • CERTIFICATION • • • I hereby certify that this report (plan) for the Flood Hazard Development Permit Application for the Parsons Mine was prepared by me (or under my direct supervision) in ante with the • provisions of Weld County criteria for the owners thereof. %Q R fG�S • p l• Olv ey,p,SF`F (nom • • 9 '4a • Mark A. S ve "F 41,8.,w'44:i$.7 • Registered ProffF$�f � .` • State of Colorado 'bj,4 7\\'$' • (seal) • • • • 0 • 41. • S TABLE OF CONTENTS ■ Letter Report • ■ Application Form • • Source of Legal Right to Enter ■ Flood Hazard Development Permit Maps • • - Mining Conditions • - Reclaimed Conditions • - Proposed Alignment of Temporary Conveyors - HEC-RAS Modeling of Obstructions S H DEERE & AULT CONSULTANTS, INC. May 28, 2010 Mr. Clay Kimmi, P.E. Weld County Public Works Department 1111 H. Street P.O. Box 758 Greeley, Colorado 80632 • Re: Resubmittal of Flood Hazard Development Permit Application for Parsons Mine . D&A Job No: WR-0138.013.00 • Dear Mr. Kimmi: • This resubmittal of the Flood Hazard Development Permit (FHDP) application for the Parsons Mine has been prepared in response to your letter to Mr. Eric Reckentine dated June 10, 2008. • The standards of Section 23-2-490 of the Weld County Code will be met based on the following: • • • Once completed, the proposed sand and gravel mining operation will not increase the Base Flood Elevation of the Cache la Poudre River. There are no proposed insurable structures to be • constructed within the 100-year floodplain of the Cache la Poudre River. • • There are no new or replacement domestic water wells or water supply, treatment, or storage • systems to be constructed within the 100-year floodplain of the Cache la Poudre River. • There are no new or replacement sanitary sewer treatment systems to be constructed within the 100-year floodplain of the Cache la Poudre River. • • Within the 100-year floodplain, temporary topsoil and overburden stockpile berms at the edge of the mining areas will be oriented parallel to the direction of overbank flow and will not increase • the Base Flood Elevation of the Cache la Poudre River as demonstrated by the HEC-RAS • modeling. Stockpiles located within the 100-year floodplain will be erosionally stable. • • Upon completion of the reclamation phase of the project, all temporary stockpiles within the floodplain will be removed and final grading within the limits of the 100-year floodplain will be • to an elevation at or below pre-mining grades. • • The proposed mining is not located in a currently designated FEMA floodway. However, a Flood • Insurance Study (FIS) for the Cache la Poudre River is currently under review by FEMA. This recent FIS prepared by the Corps of Engineers delineates a floodway through a portion of the • Parsons Mine site. Temporary topsoil and overburden stockpile berms will not be located within • the limits of this pending floodway. • • Responses to Requirements Presented in June 10,2008 Letter • Following is a summary of requirements listed by the Department of Planning Services and the • Public Works Department followed by our response in italics. • 600 S.Akron Road,Building A.Suite 205 Longmont.CO 80503 Phone: 303-651-1468• Fax.- 303-651-1469 • V • Mr. Clay Kimmi May 28, 2010 Page 2 Department of Planning Services • 1. The uses allowed in the FP-1 and FP-2 (Floodprone) Districts shall apply for and receive • approval of a Flood Hazard Development Permit. Noted • 2. Appropriate anchoring of transient equipment shall be required per established Codes and Ordinances from the appropriate regulatory agency. • Noted • 3. Installation of utilities shall comply with the conditions listed in the Flood Hazard • Development Permit Certificate. • Noted • 4. Construction shall comply with all requirements/conditions of the Weld County Building • Code. • Noted • 5. All proposed or existing structures will or do meet the minimum setback and offset • requirements for the zone district in which the property is located. • Noted • 6. Any future structures or uses on site must obtain the appropriate zoning and building permits. • Noted • • 7. Low water crossings, including access roads, shall not impede floodwaters, potentially adversely impacting downstream properties and/or conditions. • Noted • • Public Works Department • 1. The land surface elevations shown on the Maps show the entire area to be above the base flood elevations (BFEs) shown on the Maps. The BFEs are based on the NGVD-29 • datum. Please revise the FHDP Map to show the land surface elevations and the BFEs in • the same vertical datum. • All BFEs and land surface elevations shown on the Maps are now presented in the NA VD-88 datum. The conversion from NGVD-29 to NAVD-88 is an addition of 2.99 feet. • • 2. Please show the conveyor crossing on the FHDP Map. There appears to be one conveyor • crossing located in the floodway (between the Phase 5B and Phase 4B pits) and one . conveyor crossing located in the 100-yr floodplain (between the Phase 4B and Phase 3 pits). The conveyor crossing located in the floodway appears to be perpendicular to flow. • All conveyor crossings are now shown on the Maps. • • • • Mr. Clay Kimmi May 28, 2010 • Page 3 • • • 3. Given the proximity of the conveyor to the floodway and WCR 25, the conveyor crossing • the Poudre River shall be elevated above the entire width of the floodway a minimum of • 24 feet. • It was noted at an August 18, 2009 meeting with Weld County staff that the 24-/hot conveyor clearance was a mistake on the plans. Sheet 6—Extraction Plan Detail Sheet • of the revised USR plans illustrate the low chord of the conveyor crossing a minimum of • 4 feet above the 100-year Base Flood Elevation of El. 4724±. A note on Sheet 3 — • Overall Extraction Plan .states "Conveyor crossings located in the 100 year,floodplain will obtain FHDPs prior to their construction and conveyor crossings located in the • .floodway will be elevated above the entire width of the floodway. " • • 4. Please provide design calculations for the steel legs and concrete foundations showing • that the conveyor will not be knocked over if it is impacted by large debris (i.e. 3 to 4 ft diameter cottonwood tree). • Currently, the design of the conveyor crossing for the river is only conceptual. This • conveyor crossing will not he needed until the start of Phase 5 of the mining plan. Mining of Phase 5 is anticipated to begin no sooner than 2025, dependent upon market conditions. Lafarge will commit to providing detailed drawings and stability calculations • to Weld County for approval prior to the time that this conveyor crossing for the river is needed. • Also, the.following note pertaining to the WCR 25 conveyor crossing has been added to Figure 1 of this FHDP application: "Foundations for WCR 25 conveyor crossing shall • he constructed at or below existing grade. " • • 5. Any conveyors located in the 100-yr floodplain must be elevated a minimum of 1 foot • above the BFE. The following note has been added to Figure 1 of this FHDP application: "All • conveyors located within the.floodway shall be elevated a minimum of 4 feet above the • BFE. All conveyors located within the 100-year floodplain shall be elevated a minimum • of 1 foot above the BFE. " • 6. Please show the proposed alignment of the conveyors and provide information regarding when and how long the conveyors will be in place. Please provide a detail on the map showing the minimum elevations to which the conveyors must be built. • Figure 3 of this FHDP application has been added to illustrate the proposed alignment of conveyors in the.floodway and floodplain. This figure includes an estimate of the • phasing schedule for each of the mined cells. Details are also provided on this figure • showing the minimum elevations to which the conveyors in the floodway and the • floodplain must be built. • 7. The overburden stockpiles shown on the south side of the Phase 4C pit shall be moved • further away from the floodway. The southernmost overburden stockpile shown in the S • Mr. Clay Kimmi May 28, 2010 • Page 4 • • • Phase 3 pit shall be moved further away from the floodway. Stockpiles shall not be located on the side of the pit closest to the river side due to the potential for causing an • increase in the water surface elevation and/or erosion of the stockpiles by flood waters. Overburden stockpiles previously shown on the south side of the Phase 4C pit has been • eliminated. All overburden stockpiles previously shown in the vicinity of the Phase 3 pit have been eliminated. 8. Overburden and topsoil stockpiles shall be oriented parallel to the flow direction of the • Poudre River floodplain. The overburden stockpiles shown between the Phase 4A and . 4B shall be repositioned so they are parallel to the flow in the floodplain. The overburden stockpiles shown between the Phase 4A and 4B pits have been • eliminated. HEC-RAS Modeling of Above-Grade Obstructions During Mining • • The effective HEC-RAS model for the Cache la Poudre River was provided to D&A by Weld • County. A "stockpiles" version of the model was created by adding blocked obstructions to modeled cross sections to represent the conveyance that would be obstructed due to the presence • of temporary overburden and topsoil stockpiles during mining. As each phase of mining is • completed and reclaimed, the temporary stockpiles will be removed. However, this HEC-RAS • analysis conservatively assumed that all temporary stockpiles would exist concurrently. Also, • blocked obstructions were added to conceptually represent the structural support towers that would be constructed at either end of the conveyor crossing of the Cache la Poudre River. • Figure 4 illustrates the locations of these temporary stockpiles as well as the portions of three modeled cross sections (Sections 49, 48, 45) that were modified to include blocked obstructions • to represent these stockpiles. • The effect of adding these temporary stockpiles is summarized in Table 1. Increases in both the • water surface elevation and the energy grade line would occur throughout the permit boundary of • the Parsons Mine. The maximum increase in the water surface elevation would be 0.08 feet at Section 46. A similar magnitude increase in the energy grade of 0.09 feet would occur at Section • 45. • • Development of these temporary stockpiles would not occur without beginning to mine the • nearby cells. The cells would initially be cleared of vegetation. Topsoil and overburden would then be removed and stockpiled. These clearing and stripping activities will add additional • conveyance area and reduce the Manning's roughness value. Conservatively, only a decrease in • roughness value was modeled and the conveyance area of each cross section remained • unchanged. The existing Manning's roughness value for overbank areas in the vicinity of the cells varied from 0.058 at Section 49 to 0.048 at Sections 48 and 45. At portions of these three • cross sections, the Manning's roughness value was decreased to 0.030 to conservatively • represent either a cleared or a mined condition. The extent of the reduced roughness value was S Mr. Clay Kimmi May 28, 2010 • Page 5 limited to only a portion of the mined cell such that the modeled effect sufficiently offset the increase caused by the temporary stockpiles. The portion of each cross section with a reduced • roughness value was 242 feet, 813 feet, and 163 feet for Sections 49, 48, and 45, respectively. . As illustrated in Figure 4, the portions of these cross sections with reduced roughness values are . significantly less than the portion of each cross section that could potentially be modeled as . cleared or mined. The effect of offsetting these temporary stockpiles obstructions with a reduced roughness value • for portions of the mined areas is summarized in Table 1. At all cross sections through the mine . boundaries and immediately upstream, the combined effect compared to the effective model is `no-rise-for both the water surface profile and the energy grade. Sincerely, • DEERE & AULT CONSULTANTS, INC. • • • Mark A. Severin, P.E. • Project Manager • • Attachments • P Iii'l.a(arne 01 011 Parsons Penni!IMP Lotter Repoli don • • • • • • • S >Q w DI L/3oo N N N p . 0 0 0 o 0 OOOO O C m U. LL p p O O O Si O O -w — . w y w R C -V C_ > a O w Q 0 0 0 0 CV el N O 0 0 0 0 I. O V) . . 0 0 0 0 6 0 0 0 La 3 w • > m Ln a CT N Cr L/3O . U N a tD DJ M el O N N N C U w LL N N O O O O a0 a N N N N N N el re . m a �? N n n N N N N N w a a Cr M v a Cr o GL CO = a . a n a = o m mm Ln a m N O al w v Ln N m o m m . v1 c w ci IV Ory Ory o ci ro r `n n n n r•- •a- N N N N 3 v v o Cr Cr Cr Cr le N m p 0 0 0 0 0 0 0 a > . C Y U.' O O O O O O O O 76 UO w 0 • 4 . o y w a n N V N tD CO N O LL W — O O O O O O O O N w N V O O O O 0 0 0 0 II .C 3 — C 3 > m o m v o eV a o N N n m a N el 00 N N N LL O O N O O O O W a 5 U 9 N N N N N N r-1 r-1 • 'a a ui o v a a v a v o A Y V a N O . a n n > CO H 2. Y °' m 0 m el 0 NI m . AI o LT, U V N O O O o W to O '^ ` . -- § n n n n IN CV el el n n n n a Cr o Cr v v v c Cr w r 5 o ?1 Cr N N NCO Q .O �. o n w m O N O O ci ci W a y 0 — N N N N N N r 1 r-1 • n n n n N N N N- w > w Cr Cr Cr a e o e v V V • ` w 'y a CO v Cr n n .-1 n • O to N M O m to 01 > w Q O N6 O CV CV CV O m 00 N CV CV el el el `" rcl N N N N N N N N- • 2 v v e N v e e e i ull v M CU L. a 9 c ScC 0 C OD Q O O U O 5 n v ° 40 c_ c_ ill w u 2 o ucm • 0 0 a ro o. a • Q o el z a n1 LA . 01 oD O a a o c v v n n a o v • 47.1 o v tr 'or N a LM O m CO Cr to O N Vl 01 a M O CO N N oo • 00 Ol M N N e-1 O m Cr re O1 N N N N N O M O m m 01 01 al m 01 01 el • • • • • • • • • • • • APPLICATION FORM • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • FLOOD HAZARD DEVELOPMENT PERMIT (FHDP) APPLICATION • FOR PUBLIC WORKS DEPARTMENT USE DATE RECEIVED: • RECEIPT/AMOUNT# 1$ CASE #ASSIGNED: APPLICATION RECEIVED BY PUBLIC WORKS REVIEWER: • • Parcel Number: See attachment - - - • (12 digit number-found on Tax I.D.information.obtainable at the Weld County Assess or's Office,or www.co.weld.co.us). • Waterway Name: Cache la Poudre River Flood Insurance Rate Map (FIRM) Panel #: 080266- 0608D • Legal Description See attachment , Section , Township North, Range West • FEE OWNER(S)OF THE PROPERTY: • Name: See attachment • Work Phone# Home Phone# Email Address • Street Address: • City/State/Zip Code • APPLICANT OR AUTHORIZED AGENT (see Below:Authorization must accompany all applications signed by Authorized Agent) Name: Todd Ohlheiser,Vice President, Mountain West Aggregates, Lafarge West, Inc. • Work Phone#(303)657-4000 Home Phone# Email Address Todd.Ohlheiser@lafarge-na.com • Street Address:10170 Church Ranch Way, Suite 200 City/State/Zip Code Westminster,Colorado 80021 • • 1. General Description of Proposed Development: (Please check all that apply) • Residential Non-Residential Manufactured of Mobile Home • ❑ New Construction ❑ New Construction ❑ On Single Lot • • ❑ Addition or Improvements ❑ Addition or Improvements ❑ In Mobile Home Park • ❑ In Subdivision ❑ Fill Material ❑ Fill Material ❑ Fill Material ❑ Watercourse Alteration ❑ In Mobile Home Subdivision • Other Sand and gravel extraction 2. Brief Narrative Description of Proposed Development: Sand and gravel extraction, processing, stockpiles, • equipment maintenance, and storage. 3. Property located in designated FW(Floodway) District? Yes X No (If yes, certification and • engineering calculations shall be provided by a registered Professional Engineer(P.E.)that the property use or structure, when built, will not cause any increase in floodwater levels during an intermediate regional flood • (100-year flood)and will not limit or restrict the flow capacity of the floodway.) • 4. Is the property located in a designated FP-1 (100-yr Floodplain)or FP-2 (500-yr Floodplain) District? • Yes X No • • Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date (If an Authorized Agent signs,a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, • notarized evidence must be included showing the signatory has to legal authority to sign for the corporation.) Updated 03-I3-2008 6 • Fee Owner(s) of the Property: Parcel Number: LIVINGSTON LEIGH LIVESTOCK OF WELD CO 080530000069 4124 SPRING CANYON COURT FORT COLLINS, CO 80525 Sec 30 T6N R66W Legal Description: W 14A SW4 30-6-66 EXC BEG SW COR SEC 30 E22I' N01 D24'E 2221.76'TO POB NOl D24'E 418.24' • S88D17'W 208.31' S01D24'W 418.24' N88D17'E 208.31'TO POB ALSO EXC BEG SE COR SEC 25 NOID24'E 375.7' S49D09'E 227.9' & 58.27'SOI D24'W 182.39' S88D25'W 221.3'TO ... (incomplete legal description at www.co.weld.co.us) • Fee Owner(s) of the Property: Parcel Number: • LAFARGE CORPORATION 080530000082 • ATTN REAL PROPERTY TAX MANAGER 101 CHURCH RANCH WAY STE 200 Sec 30 T6N R66W • WESTMINSTER, CO 80021 • Legal Description: • PT SW4 30-6-66 LOT B CORR REC EXEMPT RE-2870 (.89R) • • Fee Owner(s) of the Property: Parcel Number: • PARSONS SALLY A 080531000004 • PO BOX 336665 GREELEY, CO 80633-0612 Sec 31 T6N R66W • • Legal Description: • 17971 PT W2NW4 31 6 66 BEG 2311' S OF NW COR OF NW4 THENCE N69D19'E 32.51'N69D19'E 215.43' THENCE N45D32'E 301.48'N32D30'E 186.53'THENCE N06DI8'E 125.54' N29D2I'W 265.50' THENCE • N08D09'E 425.31' N68D 19'E 477.17' THENCE N78D 10'E 419.98' S61 D06'E Fee Owner(s) of the Property: Parcel Number: LIVINGSTON LEIGH LIVESTOCK OF WELD CO 080725000048 • 4124 SPRING CANYON COURT FORT COLLINS, CO 80525 Sec 25 T6N R67W • Legal Description: 23530 E2SE4 25 6 67 & PT N2NE4 SEC 36 BEG N88D29'W 379.74' OF NE COR SEC 36 S l6D 16'W 156.77' S84D21'W 630.89' SOD05'E 142.56'N66D55'W 313.55' N82D12'W 15.29'NOIDI l'E 259.69'TO N LN SEC 36 S88D29'E 970.05'TO BEG EXC BEG SE COR SEC 25 N88D25'W 37 Fee Owner(s) of the Property: Parcel Number: • PARSONS SALLY A 080736000037 PO BOX 336665 GREELEY. CO 80633-0612 Sec 36 T6N R67W Legal Description: 23586 NE4 36 6 67 & PT E2SE4 SEC 25 BEG SE COR SEC 25 N88D29'W 379.74' NI 3D 18'E 12.51'N04D 10'E • 237.26'N44D25'E 221.83' N78D53'E 137.23' S49D09'E 104.05' TOE LN SEC 25 S01 D24'W 375.7' TO BEG • EXC PT N2NE4 SEC 36 BEG N88D29'W 379.74' OF NE COR SEC I SOURCE OF LEGAL RIGHT TO ENTER • LAFARGE WEST, INC. PROPERTY DEED . • GRAVEL PROPERTY LEASE BETWEEN LIVINGSTON LEIGH LIVESTOCK OF WELD COUNTY, LLC AND LAFARGE WEST, INC. • ' GRAVEL PROPERTY LEASE BETWEEN DR. SALLY PARSONS AND LAFARGE WEST, INC'. • LEASE TO LAFARGE WEST, INC. TO MINE GRAVEL IN SECTION 36 WITH THE COLORADO STATE . BOARD OF LAND COMMISSIONERS • CONTRACT FOR LAFARGE WEST, INC'. TO PURCHASE THE PARSONS PROPERTY FROM DR. SALLY PARSONS a S Lafarge West Inc. Property Deed • • • • • • • • • • • • • Dpi 7? .. • li DISTRICT COUA� COUNTY OF WELD ,COLORADO \\ . Case No. 99 PR,-T (� ,Division I . LETTERS • l� IN THE MATTER_OF ®THE ESTATE OF 127358 712 111111 9 111109 11111I III IIIIIII ill 1111111Tsukamoto 111 • 1 of 1 R 5.00 D 0.00 Weld County CO MARIE ELIZABETH ETTER, aka MARIE E. ETTER II ®Deceased 0 Protected Person 0 Minor O Incapacitated Person • II ,al Harold Etter —,n II . was appointed or qualified by this Court or its Registrar on IMO.. November' 1999 as, • \\ ID Personal Representative. ❑These Mt Letters of Administration,(The decedent did nni leave a w'itli W These are Letters Testamentary.(The dccrdcnl Icft a will.) l( O Special Administrator in ❑an informal D a formal proceeding.These are Letters of Special Administration. • II ❑Conservator.These ire Letters of Conservatorship, ❑The protected person is a minor whose date of birth is I• O Guardian.These ate Letters of Guardianship for ) ❑an incapacitated person. O a minor whose date of birth is • Appointment or qualification is by O court order. O will. 0 written instrument. • • II These Letters evidence Intl authority,except for the following limitations or restrictions,if any: • • • • • • Date; November , 1999 (r lS �' �� "w�-�' • IDewbl CM.t s,anima,sr tom • • • CERTIFICATION Certi4stion Stamp . or Certified to be a true copy of the original to my custody • - and to be in full force and eflbet Y oC • ', NOV 2Lima giclail-e--- • Dewnl[bt of Coen • No.CPCI7.Rer,tt.9t. -iirh.ts .a- 4. • sl rd WbilshirW 1101 W1.aSt.,Denver,CD10101—IJO11291.1500—}9a • . • • 1111111111111110111111 IIIII IIII 1111111 III IIIII IIII IIII • 3161445 03/12/2004 02:54P Weld County, CO • to 1 of 1 R 6.00 0 86.00 Steve Moreno Clerk&Recorder • PERSONAL REPRESENTATIVE'S DEED • (TESTATE ESTATE) • THIS DEED is made by Harold Etter,as Personal Representative of the Estate of Marie Elizabeth • Etter,aka Marie E.Encr, rlervacnt Grantor,to Lafarge West,Inc.,a Delaware Corporation, Grantee. • WHEREAS,the above named decedent in her lifetime made and executed his Last Will and • Testament dated January 29,2968,which Will was duly admitted to informal probate on November 29, 1999 by the District Court in and for the County of Weld,State of Colorado, • Probate No.99 PR 396; • WHEREAS,Grantor was duly appointed Personal Representative of said Estate on November 29, • 1999,and is now qualified and acting in said capacity, • NOW THEREFORE,pursuant to the powers conferred upon Grantor by the Colorado Probate (0/ Code,Grantor does hereby sell,convey,assign,transfer and set over unto Grantee for good and • v valuable consideration,the following real property in Weld County,Colorado: • �� • Lot B of Corrected Recorded Exemption No.0805-30-3-RE 2870,recorded April 18, • 2002 as Reception No.2943958,being a part of the SW1/4 of Section 30,Township 6 • North,Range 66 West of the 616 P.M.,County of Weld,State of Colorado. • • Executed March 9,2004• � � • Harold Etter as Personal Representative of • the Estate of Marie Elizabeth Etter,aka Marie E.Etter a,pl ,l�, • h. '.T r� F COLORADO ) • �. •, Cor:iltq nN}Neld • i' The forego" g instrument was acknowledged before me this 941 day of March,2004 by Harold • . .Etter as Perdonat Representative of the Estate of Marie Elizabeth Etter,aka Marie E.Etter; • hr Deceased. , a • 1tJitness my hand and official seal, • • • • My commission expires:October 9,2006 • • • • • • • TNG WD51Y 1fr • • • • • rdgc i ul s 1:47A---le---No. COavy4 i r r v41 .;. , n, w+ 'k' vs.. /4 vo� Colorado Secrets of State c- " ti � y I ° g,G�jLF BUSINESS CENTER ° ;,:� ;`ttectignstaetet:J Business Center In•rn Fro'1",11":.n I ] Lcerang Centef Secretary of State Home A' • ID tor this Record... Summary &History&Documents WView Trade names evert of Good Standing fine Document ID Number 19871698812 Email Notification Name: LAFARGE WEST,INC. • .Business Home Registered Agent: PRENTICE-HALL CORP SYSTEM INC .Business Information Registered Agent Street Address: 1560 Broadway Ste 2090,Denver,CO 80202,United States Business Search• Registered Agent Mailing Address: raFAQs Glossary Principal Office Street Address: 12950 WORLDGATE DR, STE 500,HERNDON,VA IP 20170,United States • Principal Office Mailing Address: • • Status: Good Standing Form: Foreign Corporation • Jurisdiction: Delaware • Formation Date: 11/25/1986 • Term of Duration: Perpetual • Annual Report Month: November • • You may: • View History and Documents • • View Trade names • • Obtain Certificate of Good Standing • File a Document • • Set Up Email Notification • Previous Page • • Business Center:303 894 2200•Fax:303 869 4864•e-mail:sos.busines A '. • s�sos.state.co.ug Search I Contact us I Privacy statement I Terms of use • • • • • 'ttn•//www_sns.otate.co.us/biz/BusinessEntitvDetail.ditisessionid=00009O1 COZJ2ev5 VZAXvanH8AP:1... 4/17/2007 • • Gravel Property Lease • between • Livingston Leigh Livestock of Weld County, LLC and Lafarge West Inc. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • S • GRAVEL PROPERTY LEASE • • • THIS INDENTURE, dated this 9 91 day of_A -T-,,;P , 20 04 thereinafter referred . to as the "Lease"), by and between Livingston Leigh 'Livestock of Weld County, LLC, A Colorado Limited Liability Company whose address is 4124 Spring Canyon Ct., Fort Collins, CO 80525 (hereinafter referred to as "Lessor," whether one or more) and LAFARGE WEST, • INC., a Delaware corporation (hereinafter referred to as the "Company"), with its address at . 1800 North Taft Hill Road, Fort Collins, CO 80521, Attention: Front Range Aggregates Land Manager. • WITNESSETH In consideration of the sum of , paid by the Company to or on behalf of Lessor, the receipt of which is hereby acknowledged by Lessor, and • on and subject to the terms and conditions provided in this Lease, Lessor hereby leases, lets and • demises to the Company the Materials as defined herein, in, on and under the real property . situate in Weld County, Colorado, and described in Exhibit A attached hereto and made a part of this Lease (hereinafter referred to as the "Property"), and the exclusive right to sample, drill, and • test for, develop, mine, quarry, extract, process, sell, use and remove them during the Term of this Lease, along with the right to locate and use easements as defined herein. • 1. Definitions. • • A. Effective Date shall mean the date first set forth above in the initial • paragraph of this Lease. • B. Lease Year shall mean a period of one year beginning on the Effective • Date, or on any annual anniversary thereof. • • C. Materials shall mean stone, sand and gravel and any overburden and • valuable solid minerals, other than hydrocarbon minerals such as coal, oil, gas and associated liquid hydrocarbons, that are removed incident to sand and gravel operations hereunder and • which are saleable and recoverable from the Property in the course of such operations. • D. Net Sale Ton shall mean 2000 pounds of Materials from the Property actually sold or used in products that are sold,measured or weighed after any processing of such • Materials. Processing of Material from the Property, including washing of sand and gravel, • removes approximately ten to fifteen percent of the total Materials mined from the Property, • which Materials are not salable and not subject to payment of Production Royalty. If the • Company weighs or measures Materials from the Property before processing (such as, but not limited to,weighing on a conveyor belt scale as it leaves the Property), the Company and Lessor shall agree upon a formula that reasonably reflects the loss of Materials in processing being experienced by the Company in the vicinity of the Property for purposes of calculating the Net . Sale Tons for Production Royalty purposes. U • • 2. Term. The Term of this J ease shall be an initial period of ten(10)years commencing on the Effective Date ("Term"). The Company may obtain an extension of the Term for five years by written notice to Lessor prior to the end of the initial Term and payment of the Advance • Minimum Royalty for the eleventh Lease Year set forth in Paragraph 4, below. The period of . any extension of the initial Term pursuant hereto shall likewise be considered to be within the Term of this Lease. . 3. Production Royalties. • A. For all Materials mined or quarried and removed and sold from the • Property during each calendar month during the first five Lease Years, the Company shall pay to Lessor a royalty ("Production Royalty") derived from a"Base Royalty" rate of • per Net Sale Ton. The Base Royalty rate shall be increased to per Net Sale • Ton in the sixth and each succeeding Lease Year. The Production Royalty rate shall be adjusted from the Base Royalty rate at the start of the first five Lease Years, commencing January 1, 2005 • pursuant to Paragraph B below. Subsequent adjustments of the Production Royalty Rate shall be • made pursuant to Paragraph C below. • B. The Production Royalty rate for the first five Lease Years shall be • adjusted annually, commencing on January 1, 2005 and on each January 1 thereafter (the • "Adjustment Date"). The basis for this adjustment shall be the Consumer Price Index—MI • Urban Consumers—Denver-Boulder-Greeley Area, published by the United States Department • of Labor, Bureau of Labor Statistics (the "Index"). The adjusted Production Royalty shall be determined by dividing the monthly Index last published before such Adjustment Date by the • monthly Index last published as of the Effective Date and then multiplying the quotient by the • Base Royalty so as to adjust the Production Royalty rate per ton beginning on the first • Adjustment Date and each subsequent Adjustment Date thereafter based on such calculation. The foregoing ratio of Indexes shall be calculated on data with base year 1982 = 100 until the • Bureau of Labor Statistics publishes data with a new base period. If the Index just described or • one reasonably similar thereto is no longer published, then an index or adjustment accomplishing • as nearly as practical the result which would have been obtained by using the stated Index if it • had been available shall be selected by agreement of the parties hereto. • C. The Base Royalty for the sixth Lease Year and each succeeding Lease • Year shall be fixed at; per Net Sale Ton. Commencing January 1, 2010 and on each • January 1 thereafter, the Production Royalty rate shall be adjusted from this new Base Royalty rate for the remaining initial Lease term, as well as any extension of the initial Term, in the • manner described in Paragraph B, above, except that the reference Index to be used in • calculating the ratio for adjustment of the Production Royalty from the Base Royalty in the sixth • and succeeding Lease Years shall be the monthly Index last published before commencement of • the sixth Lease Year(instead of the Index last published as of the original Effective Date). • D. Production Royalty for each calendar month,in excess of amounts prepaid • pursuant to Paragraph 4,below, shall be paid to Lessor within twenty(20)days after the close of • such calendar month. The royalty payments shall be accompanied by a monthly statement with • • - 2 - the royalty calculation that includes an accounting of the tons of Materials mined from the Property and sold for the month. • E. The Company shall keep and maintain adequate and accurate records of • the quantities sold for Materials mined, removed, and sold. Lessor shall have the right at all reasonable times during business hours and upon reasonable prior notice to examine such records • of the Company at the offices of the Company and to verify the quantities of Materials mined, • removed, and sold and the accuracy of the scales used to weigh the Materials. • 4. Minimum Royalties. The initial paid to Lessor at the time this Lease • becomes effective shall be deemed "Advance Minimum Royalty" (or "AMR") and shall apply to • maintain the Lease in effect for the period commencing on the Effective Date until the end of the • first Lease Year. Thereafter, the Company shall pay the following amounts as Advance • Minimum Royalty to keep the Lease in effect for each Lease Year after the first: • Second Lease Year- AMR of$ • Third Lease Year and Fourth Lease Year- AMR of$ • Subsequent Years of Lease Agreement (as • extended)to Depletion of Reserve - AMR of$ • provided that, at such time as the Company has paid Lessor at least in Advance • Minimum Royalty and Production Royalty in excess of that recouped from Advance Minimum • Royalty, the obligation to pay Advance Minimum Royalty shall cease. The Advance Minimum Royalty payments for a Lease Year shall be due on or prior to commencement of that Lease • Year. i • Advance Minimum Royalty payments made under this Lease shall be credited as an advance • payment of and applied to reduce Material tonnages otherwise subject to the Production Royalty pursuant to Paragraph 3, based upon the tonnage associated with the Production Royalty rate in • effect at the time the Advance Minimum Royalty is paid. (For example, the paid upon • execution of this base. shall be deemed advance payment of Production Royalty at the Base • Rate of per Net Sale Ton for 100,000 Net Sale Tons of Materials from the Property, whenever sold under this Lease. If the Index ratio of Paragraph 3.B. has become 1.05 at the time • the Advance Minimum Royalty payment for the third Lease Year is made, thus making the Production Royalty rate cents per Net Sale Ton, then the payment made shall be deemed advance payment of Production Royalty for per Net Sale Ton, or • 142,857 Net Sale Tons of Materials, whenever removed and sold thereafter under this Lease). Production Royalties paid pursuant to Paragraph 3, after taking into account and in excess of • Advance Minimum Royalties paid pursuant to this Paragraph, shall be applied in succeeding • years to reduce amounts subsequently payable as Advance Minimum Royalty. • Upon termination of this Lease for any reason, and subject to the Company's early termination • payment obligation under Section 15(F), the obligation to make Advance Minimum Royalty • payments shall likewise terminate except as to payments that became due prior to termination. • • • • - 3 - There is no implied covenant or obligation of the Company to develop or mine the Property or to sell Materials. The Company may maintain this J Ease in effect for the term of the Lease by • making the annual Advance Minimum Royalty payments. • If for whatever reason, Advance Minimum Royalties exceed the Production Royalties at . termination of this Lease (or at any other time during the Lease Term), Lessor shall have no obligation to return any Advance Minimum Royalties paid by the Company, except as otherwise • provided in Paragraph 12B. • 5. Commingling. When Materials are excavated from the Property, they may be • transported to the offsite processing plant by a series of conveyors and/or trucks, and • commingled with Materials from lands other than the Property. Prior to commingling Materials • from the Property with Materials from lands other than the Property the Company shall first • measure and determine the quantity of Materials in the stockpile in accordance with its standard • engineering methods, and shall also measure and record the amount added to and commingled in the same stockpile from Property. The quantity of Material so determined to be in the stockpile • immediately before commingling shall be deemed sold and removed, on a first-in first-out basis, prior to the sale of any Materials subsequently commingled therewith. The Company's • measurement and determination shall be subject to verification by the Lessor. • 6. Water Augmentation and Dewatering. The Company shall be responsible for • supplying all water needs during its mining and processing operation, including without • limitation, evaporation losses occurring from groundwater exposed by mining during the . operations. Upon completion of mining operations, Lessor shall be responsible for supplying Five (5) shares of the capital stock of the Whitney Irrigating Ditch Company owned by Lessor (the "Water Stock") for augmentation or replacement of evaporative losses on exposed water surfaces of the Property. The Company shall be responsible for adjudicating the augmentation • plan as to the Lessor's Property. In this regard, Lessor expressly agrees to dedicate in perpetuity the Water Stock evidenced by five (5) shares of the capital stock of the Whitney Irrigating Ditch Company owned by Lessor for such augmentation purposes and agrees to consent to or enter into such consent decrees, restrictive legends on stock certificates, restrictive covenants or other • evidence of such dedication and encumbrance as may reasonably be necessary to preserve such • Water Stock for augmentation purposes, evidence the obligation to use them for augmentation and obtain approval of an augmentation plan related to the Property from the Water Court or State Engineer, as applicable. Lessor's augmentation related obligations shall be limited to • supplying the Water Stock. • 7. Operations. • • A. The Company shall conduct its operations on the Property in a prudent and • workmanlike manner and in accordance with good and accepted mining and business practices • and in compliance with all applicable federal, state and local laws, rules and regulations. The timing, nature, manner and extent of mining operations, processing and sales shall be within the • sole discretion of the Company, and the Company shall not be required to mine, preserve or • protect in its operations any Materials which, under good mining practices, cannot be mined or • sold at a reasonable profit to the Company at the time they are extracted. The Company will not • • - 4 - S • block access, stockpile materials on or conduct mining operations on (l) the areas where the • residences and other building are located on the Property, (2) the west Property boundary area • where the trees, fence, cattle trail and irrigation lateral are located, and (3) the north Property boundary area where the Whitney Ditch i�� 1��c�to . The Company will not remove the southern . fence without written permission from thenwnerThe Company shall conduct all mining related • operations within the State, County and Federal permit limits for the Property. • B. The Company shall have the right to construct, maintain, and use roads, • pipe lines, power lines, telephone lines, and stockpile areas and any right-of-way it deems • necessary or desirable for its operations on the Property related to the Company's operations under this Lease. The Company shall have the right during the Tenn of this Lease and without • payment to Lessor (except for Production Royalties payable pursuant to Paragraph 3 and Advance Minimum Royalties payable pursuant to Paragraph 4) to strip and remove overburden • and otherwise to use and occupy the Property as is reasonably required in connection with mining, quarrying, extracting, processing, storage, transportation, sale and removal of Materials from the Property on which the Company is conducting operations. • • C. The Company shall consult with Lessor with respect to all permit • applications, plans and designs of the Company; provided, however, that all final decisions on mine plans, operations, reclamation, permits and other plans of operations shall be in the • Company's sole discretion and control. • D. Lessor authorizes the Company on Lessor's behalf and agrees to cooperate • with the Company at no additional costs to the Lessor to apply for and obtain zoning or other governmental land use classifications, permits, approvals, licenses, and rights (hereinafter "authority") that are reasonably required in connection with the operations that are contemplated • under this Lease; provided, however, the Company shall provide bonds or other financial • assurance for its operations, including for the restoration, reclamation or rehabilitation of the Property, as may be required or advisable to obtain such permits and approvals. • • 8. Conveyer Easement. In addition to the other rights granted under this Lease, • Lessor hereby grants to the Company an easement for the term of the Lease to erect, operate, • maintain, repair and relocate a conveyor system on, over and across the Property for the purpose of conveying Materials across the Property to the Company's processing plant on the Etters • Property from any pit on the Property. Such easement shall include the right of vehicular access for construction, installation,repair, operation,relocation and removal of the conveyor system. 9. Waiver of Lateral Support. With the exception of(a) the west Property boundary • area where the trees, fence, cattle trail and irrigation lateral are located, (b) the north Property boundary where the Whitney Ditch is located, and (3) the areas of the Property where residences • are located, Lessor hereby waives the lateral support for mining purposes for the lands located • between the Property's boundary lines and the boundary lines for those adjacent properties that are owned or leased by the Company, including but not limited to the Etters Property. • • - 5 - S i • 10. Liabilities. A. The Company shall defend, indemnify and bold harmless Lessor from and • against any and all claims, demands,judgments, and liability, including reasonable attorneys fees • and expert fees,by or to any and all third parties resulting from the negligent acts or omissions of • the Company or its agents, representatives, officers, employees, lessees and contractors in, on or about the Property. • • B. Lessor shall defend and indemnify and hold harmless the Company and • the Company's agents and employees from and against any and all claims, demands,judgments • and liability, including reasonable attorneys fees and expert fees,by or to any and all third parties in any way related or connected to the use or operations of Lessor on the Property while this • Lease is in effect, or the presence of Lessor or Lessor's agents, employees, licensees or invitees • on the Property. • C. The Company shall defend, indemnify, and hold harmless Lessor from any • and all liability, claims, demands, judgments, and expenses (including reasonable attorney and expert fees) resulting from its operations hereunder pursuant to all local, state and federal • environmental laws, ordinances, rules and regulations, including but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. • § 9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.), as • any of such laws, ordinances,rules and regulations have been or are amended from time to time. D. The foregoing indemnifications shall all survive the termination of this • Lease. The indemnity provisions set forth in this Lease shall apply to amounts paid in settlement • of a claim by an indemnified party only if such settlement is approved by the indemnifying party, • which approval shall not be unreasonably withheld. • 11. Insurance. A. The Company shall maintain at it sole expense and at all times statutory • Worker's Compensation and Occupational Disease Disability Insurance coverage as required • under the laws and regulations of the State of Colorado for all its employees who perform work for the Company hereunder on the Property. • • B. The Company shall purchase, at its sole expense, and shall maintain at all • times the following minimum insurance protection. • i. Comprehensive General Liability and Property Damage Insurance in the amount of$1,000,000 combined single limit; ii. Employer's Liability Insurance in the amount of $100,000 each occurrence; • • iii. Automobile Liability Insurance in the amount of $1,000,000 combined • single limit; and • • - 6 - S S S iv. Adequate and reasonable insurance for other risks ordinarily insured • against in similar operations, v. Such insurance shall name Lessor as an additional insured. • C. The Company agrees that it shall require all independent contractors, contractors and subcontractors who perform work in connection with the Property to have • similar and adequate insurance in full force and effect. • 12. Title. • • A. Lessor warrants that Lessor owns the surface estate and the Materials • within the Property, and Lessor agrees to defend said title against all adverse claims. • B. The Company has accepted Lessor's title as marketable, to the best of its • knowledge, at the exercise of this Lease. If subsequent thereto the Company determines that • Lessor's title to the Property and Materials is not good and marketable, the Company may so notify Lessor in writing, in which case Lessor, at Lessor's cost, may correct the specified title • defects. If any title defects which render the title unmarketable or adversely affect the Company's right to mine are not cured within sixty (60) days after receipt of such notice, the • Company, at its option, may terminate this Lease without any further obligation to Lessor. The • Company shall, as part of such termination, have the right at its option to have any and all prepaid royalties not offset by Production Royalties refunded to the Company. • • C. Without regard to the warranties of title given to the Company by Lessor, • if Lessor own less than one hundred percent (100%) of the Materials under all or any portion of • the Property, then the amounts payable to Lessor hereunder as Advance Minimum Royalty payments and Production Royalties shall be reduced in the proportion that the interest of the • Lessor in the Materials bears to one hundred percent (100%) of the Materials allocated to the • Property. • • D. With the exception of existing oil and gas leases, Lessor shall not hereafter lease or otherwise authorize oil and gas rights or operations on the Property during the Term of • this Lease,except under conditions which prohibit surface entry or occupancy and interference in any manner with the Company's operations on the Property. The Company acknowledges the • existence of an oil and gas well on a portion of the Property and agrees not to disturb the well • and related production activities or cause the relocation of such well. The Company shall not be obligated to relocate any existing or future oil and gas well locations and, in the Company's sole • discretion, the Company may determine the economic feasibility of oil and gas well relocation. The Company in its sole discretion may modify the mine permit and reclamation plan to reflect • future oil and gas well installations located on the surface of the Property and to exclude these • areas from sand and gravel extraction and Materials processing. • • • • - 7 - I 13. Taxes. During the term of this Lease, the Company shall pay when due all general, ad valorem property taxes assessed on the production, severance or extraction of Materials from the Property. In addition, the Company shall pay all personal and real property taxes assessed against machinery, tools, equipment, supplies,buildings,improvements,pipelines, • stockpiles of Materials, and other property and/or fixtures placed by Company on the Property. . Lessor shall pay all other real property taxes on the Property and on any improvements thereon, including without limitation, improvements that Lessor installs on the Property for Lessor's own • purposes. i14. Labor and Materials. The Company shall defend, indemnify and hold harmless Lessor from and against any and all claims, charges, demands, causes of action, damages and liability, including reasonable attorneys fees and expert fees, that arise from or are connected to the acts or omissions of the Company hereunder or to those of its contractors, subcontractors, • employees, officers, agents or lessees in regard to providing labor and acquiring or installing materials, equipment and supplies for operations under this Lease. The Company further agrees • to keep the Property free and clear of liens, charges, claims or demands arising from the • Company's operations hereunder and to promptly pay for all labor performed on the Property • and for all supplies, materials, and equipment used or placed on the Property. The Company • may contest in good faith any lien; provided that, the Company shall not allow title to the Property or any portion of it to be lost. • 15. Termination. A. In addition to any other rights and remedies Lessor may have at law or in • equity in the event the Company defaults under this lease, Lessor shall have the right at Lessor's • option to terminate this Lease if the Company fails to perform any of its obligations hereunder as • follows: • i. If the Company fails to pay when due any amounts to be paid hereunder, Lessor may at Lessor's option give the Company written notice of such failure and the Company shall have fifteen (15) days from the date it receives notice to pay the amounts • owed to Lessor. If the Company fails to pay the past due amounts to Lessor within the • fifteen (15) day period, I.ecsor may at Lessor's option declare the Company in default and terminate this Lease. • ii. If the Company defaults in the performance of any obligation hereunder • other than the obligation to pay money when due, Lessor may at Lessor's option give written notice of such default to the Company, and the Company shall have thirty (30) • days from the date it receives such notice to cure the default. If the Company fails to • cure the default within the thirty day period, Lessor may at Lessor's option terminate this • Lease; provided, however, that if the default is minor and the default can be fully compensated for in damages, then such default shall not be a basis for cancellation or • forfeiture of this Lease or any of Company's rights hereunder if the Company pays the • full amount of damages within thirty (30) days after demand by Lessor. If, through no • fault of the Company, such failure is impracticable to correct within the 30-day period, • Lessor shall have no right to terminate this Lease if the Company commences in good • • - g - • • faith to correct the failure and provided that the Company diligently pursues and • completes the correction within a reasonable time. iii. If the Company in good faith disputes in writing the existence of a default • alleged in a notice pursuant to subparagraph i or ii above, then this Lease shall in no . event be terminated until there has been a final judicial adjudication that the Company was in default and the Company thereafter fails to cure the same within the time allowed • under subparagraph i or ii, above, as applicable, measured from the time the judgment of • default becomes final and not subject to further appeal. • B. The Company shall have the right, at its option, to terminate this Lease at • the end of any Lease Year during the Term by giving at least sixty- (60) days prior written notice • to Lessor. Lessor shall not be entitled to receive additional compensation after the date of • termination, other than any and all royalties due. • C. Upon termination of this Lease for any reason, the Company shall continue to be liable for the performance of all obligations and the satisfaction of all liabilities to • Lessor including, but not limited to, the payment of royalties which have accrued prior to the • date of termination and the compliance with all laws, regulations, and permit conditions that apply to the Property and the operations on the Property including, but not limited to all • reclamation, environmental and land use laws,regulations and permit conditions. • D. Upon termination of this Lease with respect to all or any part of the • Property, the Company agrees to furnish Lessor with a document reasonably satisfactory to Lessor verifying such termination and release of Lease. • • E. Upon termination of this Lease by the Company for any reason, all sums • paid hereunder to Lessor shall remain the property of Lessor and shall not be recoupable or refundable except to the extent that they have already been recouped or refunded as of the • effective date of termination,or except as expressly provided in Paragraphs 12.B and C above. • • F. If the Company terminates the I ease prior to the commencement of the . fifth I ease Year, the Company will pay an early termination payment of Two Hundred Fifty Thousand Dollars ($250,000). All Advance Minimum Royalty payments and all Production • Royalty payments on sales in excess of the AMR's shall be credited against the early termination payment. The Company will not be obligated to pay the early termination payment if the • Company terminates due to any of the following: (i) the Company does not acquire all the State, Local, County and Federal permits necessary for material extraction and processing, (ii) the Company does not satisfy the State Engineer's criteria and guidelines for substitute supply plans • or permanent augmentation plans, or (iii) the Company determines that Lessor's title to the • Property and Materials is not good and marketable. • 16. End of Term. The Company shall have the right for six months from the date of • the expiration or termination of this Lease to dismantle and remove machinery, equipment, • improvements, and other facilities installed or constructed on the Property by the Company and • • • - 9 - 0 also to sell and remove Materials then stockpiled on the Property, subject to its obligation to pay Production Royalties pursuant to Paragraph 3. • • 17. Restoration of Property. Six (6) months prior to gravel extraction, the Company • will complete the benning and tree planting along the east boundary of the Property and along the west boundary of the former Etter property (adjacent to the Property on the east), as well as along the north boundary of the Property. Within one (1) year after the expiration or earlier • termination of this Lease, the Company will seed and grade overburden piles and pit, will • backfill areas on the Property to a grade that will accommodate ultimate reseeding, and will • otherwise complete all reclamation requirements of the Colorado Division of Minerals and Geology. The Company shall allow Lessor's representative input in developing the plan for the Property, in particular with regard to berthing and tree planting, pond configuration and grading. • The fmal decision as to the nature and extent of reclamation shall be within the Company's • reasonable discretion and judgment, so long as the reclamation plan meets the statutory and • regulatory requirements of the Colorado Division of Minerals and Geology. Following the expiration or termination of this Lease for any reason, Lessor covenants that Lessor will not • extract or allow others to extract Materials until Lessor or others effect the transfer of the • Colorado Division of Minerals and Geology Permit to their names for reclamation or • rehabilitation of the Property and the release of any security or bond provided by the Company to secure its performance or discharge its responsibilities. Unless Lessor desires to continue • operations to extract Materials (either by Lessor or through an operator, representative, or other • lessee), the Company shall have the right to access and enter the Property and to effect on the • Property such restoration, rehabilitation and reclamation as may be required to discharge the responsibilities which the Company has assumed pursuant to its permits and under Paragraph • 7.D and to procure the release of any bond or other financial assurance provided by the • Company. • 18. Assignment. The provisions of this Lease shall extend to and be binding upon the • heirs, personal representatives, successors, assigns and sublessees of Lessor and the Company. The Company shall have the right to subcontract with others for the performance of exploration, • development and mining work hereunder, subject to all terms of this Lease, but no such • subcontract shall relieve the Company of its obligations to Lessor hereunder. • 19. Notice. Notices of default or of cancellation or termination of this Lease and all • other notices required or permitted hereunder shall be given by registered or certified mail, • postage prepaid, addressed to the parties as follows: • If to the Company: • • Lafarge West, Inc. • Attn: Colorado Land Manager 1400 W. 64th Ave. • Denver, Colorado 80221 • • • • • - 10 - S If to Lessor: • Livingston Leigh Livestock of Weld County, LLC • Thomas Livingston . 4124 Spring Canyon Ct. . Fort Collins, Colorado 80525 • 20. Entire Agreement. This Lease contains the entire agreement between the parties hereto, and neither it nor any part of it may be changed, altered, modified, or limited orally or by • any agreement between the parties unless such agreement be expressed in writing, signed, and • acknowledged by the Lessor and the Company, or their respective heirs, personal representatives, successors and assigns. • 21. Interest. Any amounts payable by the Company to Lessor under this Lease, which • are not paid when due, shall accrue interest at the prime rate quoted by the WALL STREET JOURNAL on the date the payment become delinquent plus per annum. • • 22. Attorney's Fees. In event of any default under this Lease, the defaulting party • shall pay all costs and reasonable attorney's fees incurred by the non-defaulting party as a result • of the default. 23. Recorded Exemption. Lessor may apply for and process through Weld County a • Recorded Exemption for the Property at any time during the term of this Lease. Lessor shall be • responsible for all costs associated with the Recorded Exemption. Prior to filing the Recorded Exemption with Weld County, Lessor shall provide a draft to the Company for its review. The • Company will not oppose the Recorded Exemption filing by Lessor and will rraconably • cooperate in signing any related documents if the Recorded Exemption filing does not interfere • with any mining, Material extraction, Material processing, or reclamation activities or any • activities under this Lease and so long as the Recorded Exemption does not compromise or interfere with Mine Land Reclamation Board, County, Local or Federal permit applications or • existing permits. The Recorded Exemption filing by Lessor shall not interfere with the • Company's rights and activities under this Lease. If in the Company's reasonable judgment a • proposed Recorded Exemption filing will interfere with rights and activities under this Lease,the Company shall notify Lessor prior to Lessor filing the Recorded Exemption with Weld County. • After receiving the Company's objection, if Lessor still wishes to file its Recorded Exemption it • may do so, but the Company, at its option, may terminate this Lease without any further • obligation to Lessor including early termination penalties. The Company shall, as part of such termination, have the right at its option to have any and all prepaid royalties not offset by Production Royalties refunded to the Company. • • • • • • • • • - 11 - S S IN WITNESS WHEREOF, this Gravel Property Lease with Option to Purchase Surface has been duly executed as of the date first above written. • THE COMPANY LESSOR: • LAFARGE WEST, INC. LIVINGSTON LEIGH LIVESTOCK OF • a Delaware Corporation WELD COUNTY, LLC, a Colorado Limited Liability Company • • By: �Z/ •gear K By: .�iaFtrcG JnF LA-r,..1] omasLivingston' • (Title) (V&4fC6et (Title) • • • STATE OF COLORADO ) • ) ss. • COUNTY O gnt t, ) • h The foregoing instrument was acknowledged before me this day of p l• , 2004 by Thomas Livingston as Pfs 1 of Livingston • Leigh Livestock of Weld County, LLC, a Colorado limited liabil' mpany. r ��TAR� .• 24 • STATE OF COLORADO ) __s • ) ss. • COUNTY OF �(1A15 ) ° ,s o • y4.•,.....- 'PO • The foregoing instrument was acknowledged befloE.ree.. o - ay of lri I , 2004 • by Emmanuel aigauy , as pirPt4fi db nffkli.LEa"niIts'sbf Lafarge West, • Inc., a Delaware corporation. • Witness my hand and official seal. • • My commission expires: U j j i q, d • [.$ 14- .E A L ] t . tit ILL ) • a^� C...6.. Notary Public • 4.1. TAR •: qt • • • • _ 12 _ • S S • EXHIBIT A • PROPERTY • • OWNER: LIVINGSTON LEIGH LIVESTOCK OF WELD CO • PROPERTY ADDRESS: 11820 WELD COUNTY ROAD 64.5, GREELEY, WELD COUNTY, COLORADO PORTIONS OF SECTIONS 25 & 36, TOWNSHIP 6 NORTH, RANGE 67 WEST, 6TH PM, • WELD COUNTY • AND • PORTIONS OF SECTION 30, TOWNSHIP 6 NORTH,RANGE 66 WEST, 6TH PM, WELD COUNTY MORE SPECIFICALLY DEFINED AS: • W 14A SW4 30-6-66 EXC BEG SW COR SEC 30 E221' N01D24'E 2221.76' TO POB • N01D24'E 418.24' S88O17'W 208.31' S01D24'W 418.24' N88D17'E 208.31' TO POB ALSO EXC BEG SE COR SEC 25 N01D24'E 375.7' S49D09'E 227.9' & 58.27' S01D24'W 182.39' S88D25'W 221.3' TO • • AND 23530 E2SE4 25 6 67 &PT N2NE4.SEC 36 BEG N88D29'W 379.74' OF NE COR SEC 36 • S16D16'W 156.77' S84D21'W 630.89' S0D05'E 142.56'N66D55'W 313.55' N82D12'W 15.29' N01D1 I'E 259.69' TO N LN SEC 36 S88D29'E 970.05' TO BEG EXC BEG SE COR • SEC 25 N88D25'W 379.74' N • MAP ATTACHED • • • • • C:\Doaimenf and SeKvR\EEi ace hDok cian^npron!WI.dot • • _ • - ., 0 1 1. 33 4{ 9 N 1af. J,_ 1 N m • - ! y I -- ZO t1 .11 aw• •y, 1' I O F. • ., S' p I' J 4 5_,_ ky VI . • r `4 : TTt17 11 , 1 '; m v• • ,•.i • • , / w=:.'41. ,4 N 4 \ T. L I j J� a 4 r it 2 Jy-.:. _:,... ; - 1,--4-4' If t , ' 4 aft" 0'4,1 • i. �.. .. NOISONI TI .• .1 • .. U• i't „st ..4„: . • \ . n — -..--.•-.-.•• `.; r cwt {4. ---,r-H:,-,c n ( • ry,. A. f 1' y P. _. I • i ✓i , • f 4 • i __ �i ''+ .4 • t11 in )'.... i; 1 1! 4 Y • 1� loss- _ : — / -- t ..• %`' 1 I 11 I• ':1 .ter.. ! tl 1 ' • qt ;, • 61 J `b': x�'� . r„l C • • • • • • • Gravel Property Lease between Dr. Sally Parsons and Lafarge West Inc. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • GRAVEL PROPERTY LEASE THIS INDENTURE,dated this 3 day of k.ai ,2005(hereinafter referred to as this "Lease"), by and between the Dr. Sally Parsons, whose address is 4020 14th Street, Greeley, • Colorado 80634 (hereinafter referred to as "Lessor") and LAFARGE WEST, INC., a Delaware corporation (hereinafter referred to as the "Company"), with its address at 10170 Church Ranch • Way, Suite 200, Westminster, CO 80021, Attention: General Manager Aggregates. • WITNESSETH • In consideration of the sum of fifteen thousand dollars non-refundable paid by • the Company to or on behalf of Lessor,the receipt and sufficiency of which is hereby acknowledged by Lessor, and on and subject to the terms and conditions provided in this Lease, Lessor hereby • leases, lets and demises to the Company the Materials as defined herein, in and under the real • property situate in Weld County and described in Exhibit A attached hereto and made a part of this Lease(hereinafter referred to as the"Property"),and the exclusive right to sample,drill,and test for, • develop,mine,quarry,extract,process,sell,use and remove them during the Term of this Lease and • with associated easements as provided herein. • • 1. Definitions. • A. Lease Year shall mean a period of one year beginning on the date which the Lease is • executed by Lessor or on any annual anniversary thereof. • • B. Materials shall mean stone, sand and gravel and any overburden and valuable solid • minerals,other than hydrocarbon minerals such as coal,oil,gas and associated liquid hydrocarbons, that are removed incident to sand and gravel operations hereunder and which are saleable and recoverable from the Property in the course of such operations. • • C. Permit Issuance shall mean receipt by the Company of written authorization by all • applicable governmental authorities, on terms and conditions reasonably satisfactory to the Company, of all permits, consents and authorizations necessary for the Company to extract and • process Materials from the Property including,without limitation,a mining and reclamation permit • from the Colorado Division of Minerals and Geology, and a conditional or special use permit from • Weld County D. Plant shall mean a portable and/or fixed facility for processing, storing, washing, • sorting,handling loading and shipping of Materials, along with ancillary facilities. • • 2. Term. The Term of this Lease shall be an initial period of fifteen (15) years • commencing on the 1st day of April 2005, and ending on the 30th day of March 2020, ("Term'). Provided the Company is conducting commercial mining operations at the end of the initial Term, • the Company may obtain an extension of the Term for(1) additional three (3)year term. • • • • 3. Sales Royalties. • A. Subject to Paragraphs 3.B. and 4, for all Materials sold from the Property • during each calendar month,the Company shall pay to Lessor a royalty at the rate of • per sales ton of 2,000 pounds (the"Base Royalty")within twenty(20) days after the close of such • calendar month. B. The Base Royalty rate shall be adjusted every year on the first day of the month following the anniversary of the date this Lease becomes effective(the"Adjustment Date"). The basis for this adjustment shall be the Producer Price Index—Construction Sand/Gravel/Crushed • Stone—Series ID No. WPU 1321,published by the United States Department of Labor,Bureau of • Labor Statistics (the "Index"). The adjusted Base Royalty shall be determined by dividing the monthly Index last published before such Adjustment Date by the monthly Index last published when this T ease becomes effective and then multiplying the quotient by the Base Royalty so as to increase • the Base Royalty rate per ton beginning on the first Adjustment Date and each subsequent • Adjustment Date thereafter based on such calculation. The foregoing ratio of Indexes shall be • calculated on data with base year 1982= 100 until the Bureau of Labor Statistics publishes data with a new base period. If the Index just described or one reasonably similar thereto is no longer • published,then an index or adjustment accomplishing as nearly as practical the result which would • have been obtained by using the stated Index if it had been available shall be selected by agreement • of the parties hereto. The royalty shall never be adjusted to belowr sales ton during the term of the lease. • • C. The Company shall keep and maintain adequate and accurate records of the • quantities of Materials mined and sold. The royalty payments shall be accompanied by a monthly • statement with the royalty calculation that includes an accounting of the tons of Materials mined • from the Property and sold or deemed sold pursuant to Paragraph 5.C. for the month. Lessor shall have the right at all reasonable tunes during business hours and upon reasonable prior notice to examine such records of the Company at the offices of the Company and to verify the quantities of • Materials removed, and sold and the accuracy of the scales used to weigh the Materials. • 4. Advance Minimum Royalties. The initial non-refundable paid to or for the benefit of Lessor at the time this Lease becomes effective shall be deemed "Advance Minimum • Royalty"and shall apply to maintain the Lease in effect for the period commencing on the date this • Lease becomes effective until the end of the first Lease Year. In addition to the initial Advance • Minimum Royalty paid or credited when this lease becomes effective,Advance Minimum Royalty • shall be paid annually at the rate of for each subsequent Lease Year prior to Permit Issuance and shall increase to $ per Lease Year at the start of the first Lease Year commencing after • Permit Issuance has occurred. Notwithstanding the foregoing,the cumulative amount of Advance • Minimum Royalty and sales royalty the Company is required to pay during the term of this Lease • shall in no event exceed the equivalent of the sales royalty(using the Base Royalty rate)on eighty • percent(80%)of the mineable and permitted quantity of the Materials that the Company determines are economically recoverable and salable from the Property (after processing and allowing for • rejection of tailings),based upon calculations in accordance with recognized industry standards and • practices. • • • 2 I Base Royalties paid pursuant to Paragraph 3,after taking into account Advance Minimum Royalties paid pursuant to this Paragraph,shall be applied in succeeding years to reduce amounts subsequently • payable as Advance Minimum Royalty.Upon termination of this Lease for any reason,the obligation to make Advance Minimum Royalty payments shall likewise terminate except as to payments that • became due prior to termination. • There is no implied covenant or obligation of the Company to develop or mine the Property or to sell • Materials. The Company may maintain this Lease in effect for the term of the Lease by making the • annual Advance Minimum Royalty payments described in this Paragraph 4. • 5. Weighing of Materials; Commingling. For purposes of calculation of Production • Royalty,quantities of Materials removed from the Property on which Production Royalty is due will be measured as follows: 1 A. Use of Scales. All Materials shall be weighed on a certified scale upon sale and removal from the Company's Plant site. If Materials on which Production Royalty is due are • mixed with non-excavated materials(for example,in case of mixing sand and gravel with water and Portland cement in the concrete batch Plant), then for the purpose of calculating the Production • Royalty, the weight of the Subject Minerals used in the mixture will be determined using the • certified scales at the batch Plant that measure the weight of the materials that comprise the mixture • and deducting the weight of the added non-excavated materials, if necessary. • B. Scale Adjustments. Accuracy of the scale shall be checked and adjustments made at least as often as required to continue to be certified. Records of the accuracy check and • adjustments shall be preserved and made available in the same manner as other records. C. Commingling. The Company may commingle Materials extracted from the Property with Materials extracted and removed from other properties.In order to fairly and properly • allocate production between properties from which commingled Materials are extracted,the pit-run • Materials extracted from each property shall be weighed prior to commingling on certified conveyor belts scales upon removal from the relevant property. Records will be kept as to the tonnages removed from each property, and the total production for each calendar month will be attributed to each property pro-rata,after adjustment of the total tonnage of pit run from all properties for washed • fines and tailings pursuant to Paragraph 5.D. below. Materials from one property added to a • stockpile at any time during a calendar month shall be deemed added simultaneously and pro rata with Materials from any other Property. The quantity of material determined to be in the stockpile as of the commencement of any calendar month shall be deemed sold and removed, on a first-in first-out basis,prior to the sale of any Materials added to the stockpile during a subsequent calendar • month. The Company's measurement and determination shall be conclusive. D. Allowance for Tailings. Tonnage for purposes of calculation of Production Royalty shall be based on processed Materials sold. If Materials are not being commingled from • separate properties,then the tonnage sold shall be calculated pursuant to Paragraph 5.A. above. If • due to commingling,Materials are weighed as pit run before processing and sale by the Company pursuant to Paragraph 5.A.,above,the weight of tailings and washed fines shall be deducted from the • - • total pit run weight of the Materials attributed to each property for purposes of calculating . Production Royalties. Both parties agree that as much as approximately twenty percent(20%)of the minable in situ (in place,in the ground) sand and gravel onsite may need to be rejected as washed fines or tailings or otherwise in order to meet commercial specifications for salable Material. • 6. Water Augmentation and Dewatering. • A. During the term of this Lease, and until reclamation of the Property is completed, the • Company shall provide at its sole cost and expense any and all water required to satisfy the • requirements of state law including,without limitation,the requirements of CRS 37-90-137(11).The • Company's temporary substitute supply plan or augmentation plan for supplying such water shall make adequate provision for evaporative losses, wash plant operations, dust control and any other • uses of water as part of the mining operation. The Company shall notify Lessor in writing when it • believes it is within three years of completion of mining operations.Lessor agrees that within one • year after such notice,or if no such notice is given,within one year after the Company completes all • operations on the Property,including earth work reclamation and excluding revegetation,seeding or weed control, Lessor will apply for, at Lessor's sole cost and expense, a permanent augmentation • plan to cover any evaporative losses resulting from mining operation after termination of operations • under the Lease,such plan expressly to become effective upon the cessation of mining operations by • the Company. The Company will use commercially reasonable efforts in developing a final • reclamation plan that will minimize the permanent augmentation requirements of the Lessor. • B. The Company hereby grants to Lessor a perpetual non-exclusive easement to use the • Company's groundwater recharge pond ("Recharge Pond") on the Company's Etters property adjoining the Lessor's Property in connection with Lessor's water augmentation obligations under this Lease or otherwise. Such easement includes the right to convey water under rights owned or • controlled by Lessor on, over and across the Company's property, through the Whitney Ditch or • other structures installed or constructed by Lessor, to the Recharge Pond at locations reasonably • satisfactory to the Company and,subject to physical availability of storage space,to discharge such • water into the Recharge Pond. Lessor shall be solely responsible for constructing any improvements • necessary to divert and convey the water to the Recharge Pond,obtaining suitable water rights for such discharge and obtaining water court approval of any augmentation plan necessary for Lessor's • use of Recharge Pond. If consent of the owners of the Whitney Ditch is necessary to convey water under Whitney Ditch rights to the Recharge Pond,or to carry water through the Whitney Ditch to the • Recharge Pond under other water rights, Lessor shall be solely responsible for obtaining such • consent. The Company shall reasonably cooperate in Lessor's applications and agreements to obtain necessary authorizations from governmental entities or third parties for use of the Recharge Pond as described above. Diversion,storage and discharge of water by Ingot into the Recharge Pond shall be conducted in compliance with applicable laws. The Company reserves the right to relocate any • diversion or water conveyance structures or the Recharge Pond on its property. • 7. Operations. • • A. The Company shall conduct its operations on the Property in a prudent and • workmanlike manner and in accordance with good and accepted mining and business practices and • in compliance with all applicable federal, state and local laws, rules and regulations and all • • -4 - applicable permits.The timing,nature,manner and extent of mining operations,processing and sales shall be within the sole discretion of the Company, and the Company shall not be required to mine, • preserve or protect in its operations any Materials which, under good mining practices, cannot be • mined or sold at a reasonable profit to the Company at the time they are encountered. • • B. The Company shall have the right to construct,maintain,and use roads,pipe lines, power lines,telephone lines, and stockpile areas and any right-of-way it deems necessary or • desirable for its operations on the Property related to the Company's operations under this Lease.The Company shall have the right during the Tenn of this Lease and without payment to Lessor(except for Production Royalties payable pursuant to Paragraph 3 and Advance Minimum Royalties payable • pursuant to Section 4)to strip and remove overburden and otherwise to use and occupy the Property as is reasonably required in connection with mining, quarrying, extracting,processing (including tailings-washed fines storage facilities),storage,transportation,sale and removal of Materials from • the Property and from other properties on which the Company is conducting operations. The • Company will not remove overburden from the Property, and will attempt to use unmineable • materials from the adjoining Etters property in the reclamation design and reclamation construction for the Property. • • C. The Company shall not have the right to construct and maintain Plants on the Property. The Lessor,which agreement shall not be unreasonably withheld,shall agree upon access • easements and the location and alignment or realignment of any conveyor. Any access easement and conveyor easement shall be 50 feet in width. Any conveyor easement chill include but not be limited • to the right to construct,operate,maintain,repair and remove a conveyor system and similar,related • or incidental improvements for purposes of transporting Materials across the Property. The Company shall have the right to place washed fines in mined out areas at no additional cost to • Company under this Lease at mutually agreed upon locations. • • D. The Company shall consult with Lessor with respect to all permit applications, • plans and designs of the Company; provided, however, that all final decisions on mine plans, • operations, permits and other plans of operations shall be in the Company's sole discretion and control. The Company agrees to use commercially reasonable efforts to investigate and negotiate . with the Lessor mutually beneficial reclamation plans and other operations utilizing the Company's • equipment and expertise that will accommodate,facilitate and enhance Lessor's development of the Property and provide a mutually agreed upon reclamation plan. To the extent such agreed plan • exceeds the cost of customary reclamation plans required by the Colorado Division of Minerals and Geology, using typical reclamation expenses and costs as a guideline, the additional costs and • expenses pertaining to reclamation items (additional trees, seed mixes, etc.)will be the financial • responsibility of the Lessor. • E. Lessor hereby authorizes the Company, at the Company's expense and in • Lessor's name, if required, to apply for zoning classifications, variances or exceptions, and • governmental approvals, permits, licenses or rights related to and required for the Company's • operations hereunder,and agrees to cooperate with the Company in obtaining such approvals and to • execute or join in applications,plats and other documents which are required to obtain the same that - 5 - • are reasonably required in connection with the operations that are contemplated under this Lease; provided,however,the Company shall provide bonds or other financial assurance for its operations, • including for the restoration, reclamation or rehabilitation of the Property, as may be required or • advisable to obtain such permits and approvals. • F. The Company is aware that there is currently a farm lease and an oil and gas . lease on the Property. In planning and conducting its operations on the Property,the Company will work with Lessor to minimize damage to crops and the oil and gas operations currently conducted on the Property.The Company shall pay Lessor andlor the current farm tenant the reasonable value of any crops growing on the Property which are destroyed or damaged by operations conducted by the • Company on the Property under this Lease while the current farm lease is in effect. The Company shall also be responsible for any damages its operations cause to any vested right of the existing oil • and gas lessee on the Property. Rights of any future oil and gas lessees are subject to Paragraph • 11.D. • G. Lessor shall have the right in the future to continue fanning operations on the •• Property during the Term of this Lease,if and to the extent that those operations do not interfere in any manner with the Company's current or planned operations. Any renewal or extension of the • existing farm lease, or any new farm lease shall be made expressly subject to the Company's rights • hereunder,and the Company shall have no obligation to pay Lessor or any farm tenant for damage to • crops. • 8. Waiver of Lateral Support. Lessor hereby waives the lateral support for mining • purposes for the portions of the Property abutting boundary lines between the Property and adjacent • properties that are owned or leased by the Company. • 9. Liabilities. • A. The Company shall defend, indemnify and hold harmless Lessor from and • against any and all claims,demands,judgments,and liability,including reasonable attorneys fees and • expert fees,by or to any and all third parties resulting from the negligent acts or omissions of the Company or its agents,representatives,officers,employees, lessees and contractors in,on or about • the Property. • • B. Lessor shall defend and indemnify and hold harmless the Company and the • Company's agents and employees from and against any and all claims, demands,judgments and liability,including reasonable attorneys fees and expert fees,by or to any and all third parties in any • way related or connected to the negligent acts or omissions of Lessor upon the Lessor's property • while this Lease is in effect,or the presence of Lessor or Lessor's farm tenants,agents,employees, • licensees or invitees on the Property. • C. The Company shall defend, indemnify, and hold harmless Lessor from any • and all liability resulting from its operations hereunder pursuant to all local, state and federal • environmental laws, ordinances, rules and regulations, including but not limited to, the • • - 6 - U S • Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. . § 9601 et seq.) and the Resource Conservation and Recovery Act(42 U.S.C.§ 6901 et seq.),as any of such laws, ordinances,rules and regulations have been or are amended from time to time. . D. The foregoing indemnifications shall all survive the termination of this Lease • until statute of limitations for the conduct of actions for either party during the term of the Lease has • expired.The indemnity provisions set forth in this Lease shall apply to amounts paid in settlement of a claim by an indemnified party only if such settlement is approved by the indemnifying party,which • approval shall not be unreasonably withheld. 10. Insurance. A. The Company shall maintain at it sole expense and at all times statutory • Worker's Compensation Insurance coverage as required under the laws and regulations of the State • of Colorado for all its officers and employees who perform work for the Company hereunder. B. The Company shall purchase, at its sole expense, and shall maintain at all • times the following minimum insurance protection. • • i. Comprehensive General Liability in the amount of $1,000,000 • combined single limit; • ii. Employer's Liability Insurance in the amount of $100,000 each • occurrence; • • iii. Automobile Liability Insurance in the amount of$1,000,000 combined single limit; and • • iv. Adequate and reasonable insurance for other risks ordinarily insured • against in similar operations. • C. The Company agrees that it shall require all independent contractors, • contractors and subcontractors who perform work in connection with the Property to have similar • and adequate insurance in full force and effect. • • 11. Title. • A. Lessor warrants that Lessor owns the surface estate and the Materials beneath • the Property. • B. The Company has accepted Lessor's title as marketable, to the best of its • knowledge,as of the date of this Lease. If subsequent thereto the Company determines that Lessor's title to the Property and Materials is not good and marketable,the Company shall so notify Lessor in • writing, in which case Lessor, at Lessor's cost, shall correct the specified title defects, If any title • defects which render the title unmarketable or adversely affect the Company' right to mine are not • S • • • cured within sixty(60)days after receipt of such notice,the Company, at its option,may terminate • this Lease without any further obligation to Lessor or, at its option,may resolve the adverse claim and deduct the costs incurred from payments otherwise due Lessor. The Company shall,as part of • such termination, have the right at its option to have any and all prepaid royalties not offset by • Production Royalties refunded to the Company.The Company shall have 90 days from the date of • signing of the lease to determine in its best judgment if Lessor's Title is Marketable. • C. Without regard to the warranties of title given to the Company by Lessor,if Lessor own less than one hundred percent(100%) of the Materials under all or any portion of the Property,then the amounts payable to Lessor hereunder as Advance Minimum Royalty payments and • Production Royalties shall be reduced in the proportion that the interest of the Lessor in the Materials bears to one hundred percent(100%) of the Materials within the Property. • • D. Lessor shall not enter into any new oil and gas leases or other new agreements regarding oil and gas operations of the Property during the Term of this Lease, except under • conditions which prohibit surface entry or occupancy and interference in any manner with the • Company's operations on the Property. With respect to new wellsites and other surface facilities under existing oil and gas leases, Lessor shall promptly notify the Company of any notices or • requests by an oil and gas operator regarding surface use and hereby authorizes the Company to use • reasonable efforts to obtain understandings with the oil and gas lessees or operators to minimize • impact of such wellsites and other surface facilities on the Company's sand and gravel operations on • the Property. Lessor shall reasonably cooperate with requests by the Company for assistance in the Company's efforts to negotiate surface use agreements with the oil and gas operators relative to • existing leases. The Company understands that the hydrocarbon mineral interests are controlled by • third parties and it shall not be deemed a breach of this Lease by Lessor if third parties enter into new • oil and gas leases or other new agreements regarding oil and gas operations during the term of the • Lease. • E. Lessor represents that the Property constitutes a legal lot under applicable law • and that no subdivision approval is required for the Company's operations on the Property or for the • granting of this Lease. 13. Ouitclaim Lafarge will convey by Quitclaim Deed to Dr.Parsons that property • shown on the Alta ASCM Land Title Survey from King Surveyors,Inc.dated June 21,2005 as"an • area of questionable ownership" on the north boundary and the west boundary of the Parson's • property adjoining Weld County Road 25 without additional consideration being provided by Dr. Parsons to Lafarge within 90 days of the execution of the Lease. The purpose for this conveyance is • to evidence Lafarge's good faith regarding fenced boundary lines of the Parsons'Property without • further requiring either party to participate in an adverse possessions civil action. • 14. Taxes. During the term of this Lease, the Company shall pay when due all ad • valorem property taxes assessed on the production, severance or extraction of Materials from the • Property. In addition,the Company shall pay all personal and real property taxes assessed against • machinery,tools,equipment,supplies,buildings,improvements,pipelines,stockpiles of Materials, • • • • • and other property and/or fixtures placed by Company on the Property. Lessor shall pay all other real . property taxes on the Property and on any improvements thereron, including without limitation, improvements that Lessor installs on the Property for Lessor's own purposes, and any taxes • attributable to the production royalty or to Lessor's fanning operations. 15. Labor and Materials.The Company agrees to keep the Property free and clear of liens, • charges, claims or demands arising from the Company's operations hereunder and to promptly pay for all labor performed on the Property and for all supplies,materials,and equipment used or placed on the Property. The Company shall defend,indemnify and hold harmless Lessor from and against • any and all claims, charges, demands,causes of action,damages and liability,including reasonable • attorneys fees and expert fees, that arise from or are connected to the acts or omissions of the • Company hereunder or to those of its contractors, subcontractors, employees, officers, agents or lessees in regard to providing labor and acquiring or installing materials,equipment and supplies for • operations under this Lease. The Company may contest in good faith any lien; provided that the • Company shall not allow title to the Property or any portion of it to be lost. 16. Termination. • • A. Lessor shall have the right at Lessor' option to terminate this Lease if the • Company fails to perform any of its obligations hereunder as follows: • i. If the Company fails to pay when due any amounts to be paid hereunder,Lessor may at Lessor's option give the Company written notice of such failure • and the Company shall have fifteen (15) days from the date it receives notice to pay the amounts owed to Lessor. If the Company fails to pay the past due amounts to Lessor within the fifteen(15)day period,Lessor may at Lessor's option declare the Company in default and • terminate this Lease. ii. If the Company defaults in the performance of any obligation hereunder other than the obligation to pay money when due,Lessor may at Lessor's option • give written notice of such default to the Company, and the Company shall have sixty(60) • days from the date it receives such notice to cure the default. If the Company fails to cure the default within the sixty day period, Lessor may at Lessor's option terminate this Lease; provided,however,if the Company needs additional time to cure the default,it shall provide • in writing, to Lessor, a date for completion and a letter indicating the actions necessary to • cure the default,and agreeing that the actions necessary for the cure shall be completed by a • date which is 45 days from the required writing • B. The Company shall have the right,at its option,to terminate this Lease at the • end of any Lease Year during the Term by giving at least sixty (60) days prior written notice to • Lessor. Lessor shall not be entitled to receive additional compensation after the date of termination, • other than any and all royalties due. The Company may terminate this Lease at any time if, despite its reasonable efforts,the Company is unable to achieve Permit Issuance on terms and conditions reasonably satisfactory to the Company. • • C. Upon termination of this Tease for any reason,the Company shall continue to • be liable for the performance of all obligations and the satisfaction of all liabilities to Lessor including, but not limited to, the payment of royalties which have accrued prior to the date of termination and the compliance with all laws, regulations, and permit conditions that apply to the Property and the operations on the Property including, but not limited to all reclamation, . environmental and land use laws,regulations and permit conditions. The obligation to pay Advance Minimum Royalty that would otherwise accrue after the date of temrination of the Lease shall end • upon Lease termination. • • D. Upon termination of this Lease with respect to all or any part of the Property, • the Company agrees to furnish Lessor with a document reasonably satisfactory to Lessor verifying • such termination and release of Lease. E. Upon termination of this Lease by the Company for any reason,all sums paid • hereunder to Lessor shall remain the property of Lessor and shall not be recoupable or refundable • except to the extent that they have already been recouped or refunded as of the effective date of • termination, or except as expressly provided Paragraphs 11.B and C above. • 17. End of Tern. The Company shall have the right and the obligation within six months • from the date of the expiration or termination of this Lease to dismantle and remove machinery, • equipment, improvements, and other facilities installed or constructed on the Property by the • Company. 18. No Development Covenant. There is no implied covenant or obligation of the • Company to explore,develop or mine the Property or to sell Materials. The Company may maintain • this Agreement in effect for its term and any allowed extensions by making the payments set forth • herein. • 19. Restoration of Property. Within one year after expiration or termination of this Lease, • the Company will restore the Property to the condition required by law and by the applicable permits • and approvals required for the Company to conduct operations hereunder. Following the expiration • or termination of this Lease for any reason, Lessor covenants that Lessor will not extract or allow others to extract Materials until Lessor or others effect the transfer of the Colorado Division of Minerals and Geology Permit to their names for reclamation or rehabilitation of the Property and the release of any security or bond provided by the Company to secure its performance or discharge its • responsibilities. Unless Lessor desires to continue operations to extract Materials(either by Lessor • or through an operator,representative, or other lessee),the Company shall have the right to access and enter the Property and to effect on the Property such restoration,rehabilitation and reclamation • as may be required to discharge the responsibilities which the Company has assumed pursuant to its • permits and under Paragraph 7.E and to procure the release of any bond or other financial assurance • provided by the Company. • 20. Assignment. The provisions of this Lease shall extend to and be binding upon the heirs,personal representatives,successors,assigns and sublessees of Lessor and the Company. The • Company shall have the right to subcontract with others for the performance of exploration, • • - 10- development and mining work hereunder,subject to all terms of this Lease,but no such subcontract shall relieve the Company of its obligations to Lessor hereunder. 21. Notice. Notices of default or of cancellation or termination of this 1 Pace and all other notices required or permitted hereunder shall be given by personal delivery or by registered or certified mail,postage prepaid,addressed to the parties as follows: If to the Company: . Lafarge West,Inc. 10170 Church Ranch Way, Suite 200. Westminster, Colorado 80021 If to Lessor: • Dr. Sally Parsons, e 4020 l4'"Street, Greeley, Colorado 80634 22. Condemnation. If the whole or any part of the Property chap be taken by any public . authority under the power of eminent domain at any time during the term of this Lease,Lessor and the Company shall each be entitled to share in the award to the extent of their respective interests in the Property with respect to any taking. In the event only a portion of the Property is taken, and if • notwithstanding such taking the Company will be able to continue to conduct its business in the • remainder of the Property in substantially the manner it was being conducted immediately prior to • such taking, this Lease shall cease only as to the part taken. If, however, by reason of the condemnation there is not sufficient property left in or upon the Property for the Company to conduct • its business in substantially the manner in which it was being conducted immediately prior to such taking,then and in such event this Luse shall terminate. All condemnation awards on account of the • interest of the Lessor shall be paid to the Lessor and all awards on account of Company's leasehold • interest shall be paid to Company. The allocation of any lump sum award for any taking between • Lessor and Company shall be made by agreement between them,if possible,or if the parties cannot agree, then by arbitration pursuant to Rules of the American Arbitration Association, taking into • account(i)the value of Lessor's interest in the property affected by such taking and under this Lease, and (ii) the value of Company's interest therein under the T rase. • 23. Non-Business Dav Deadlines.If a date for notice,performance or payment falls on a • holiday or weekend,the time for performance or payment shall be extended to the next business day, • and if notice,performance or payment has occurred on such weekend or holiday or after 5:00 p.m.on • any business day, it shall be deemed to have occurred on the next business day. 24. Confidentiality;Recording. The parties agree that the terms and conditions of this • Lease are confidential and shall not be disclosed to any third party without the consent of the other. • Neither party shall record this Lease without the consent of the other. The parties agree to execute a • • - 11 - short form lease for recording to provide record notice of this Lease without disclosing the economic • terms hereof. • • 25. Headings.The headings of the Sections of this J Prise are for convenience of reference • only and are not a part of the substantive provisions of this Lease. 26. Further Instruments. Each party hereto shall from time to time execute and deliver • such further instruments as the other party or its counsel may reasonably request to effectuate the • intent of this Lease. • 27. Entire Agreement. This Lease contains the entire agreement between the parties • hereto,and neither it nor any part of it may be changed,altered,modified,or limited orally or by any • agreement between the parties unless such agreement be expressed in writing, signed, and • acknowledged by the Lessor and the Company, or their respective heirs,personal representatives, • successors and assigns. • 28. Counterparts. This Lease may be executed in one or more counterparts, each of • which shall be deemed an original and all of which together shall constitute one and the same Lease.. • IN WITNESS WHEREOF,this Gravel Property Lease has been duly executed as of the date • first above written. • LESSOR: • • d e-7, GL paLcA/Sz • • LESSEE(THE COMPANY): • • LAFARGE WEST,INC.. • • • By: • itle) • • • • • • • • • • - 12 - • • • • • • EXHIBIT A • PROPERTY • • LEGAL DESCRIPTION • Property description set forth on the King Surveyor's ALTA Survey dated June 21, 2005. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • a 1;, • PROPERTY DESCRIPTION ▪ A parcel of land being part of Lot Two(2) of the Northwest Quarter(NWI/4)of Section Thirty-one(31), • Township Six North(T.6N.),Range Sixty-six West(R.66W.) of the Sixth Principal Meridian (6th P.M.), . County of Weld, State of Colorado and being more particularly described as follows: BEGINNING at the Northwest Corner of said Section 31 and assuming the West line of said NW 1/4 as • bearing South 00°01'22" East, being a Grid Bearing of the Colorado State Plane Coordinate System;North • Zone,North American Datum 1983/92, a distance of 2643.12 feet with all other bearings contained herein relative thereto. From said Northwest Corner the North Quarter Corner of said Section 31 bears North • 86°24'58" East a distance of 3145.50 feet: THENCE North 86°24'58"East along the North line of said NW 1/4 a distance of 30.06 feet to the • intersection with the Easterly Right-Of-Way (ROW)line of Weld County Road#25 (WCR#25) and being • a point Thirty feet(30)Easterly of as measured at right angles to the West line of said NW I/4. Said point • being the TRUE POINT OF BEGINNING: • THENCE continuing North 86°24'58" East along said North line a distance of 1548.17 fed to the • Northeast Corner of said Lot 2; • THENCE South 00019'59"West along the East line of said Lot 2 a distance of 1075.84 feet to the intersection with the Southerly line of that parcel of land as described within that Warranty Deed as • recorded January 7, 1941 in Book 1072 on Page 600 of the records of the Weld County Clerk and • Recorder(WCCR); • Thence along the Southerly line of the aforesaid parcel of land by the following Nine(9)courses and distances: THENCE North 58°27'21"West a distance of 283.18 fed; • THENCE South 79°26'39"West a distance of 413.13 feet; THENCE South 69°16'39"West a distance of 470.11 feet; • THENCE South 07°48'39"West a distance of 430.43 feet; • THENCE South 29°30'21" East a distance of 274.74 fret; • THENCE South 05°56'39"West a distance of 127.20 feet; THENCE South 32°28'39"West a distance of 186.21 fret; THENCE South 45°48'39"West a distance of 299.16 feet; • THENCE South 70°18'39"West a distance of 212.36 feet to the Easterly ROW line of said WCR#25 and • being a point Thirty feet(30') Easterly of as measured at right angles to the West line of said NW 1/4; THENCE North 00°01'22"West along said Easterly ROW line and being along a line 30'Easterly of as • measured at right angles to and parallel with the West line of said NW1/4 a distance of 2302.15 fed to the • TRUE POINT OF BEGINNING. • Said described parcel of land contains 47.487 Acres, more or less (±)and is subject to any rights-of-way or • other easements as granted or reserved by instruments of record or as now existing on said described parcel • of land. • • IP II DEC-04-2006 MON 10:50 AM LAFARGE CORP _ FAX N0. 970 407 3900 P. 05/15 • Jim rroisi • 30349S299B P.5 • Preps ed by Maggie Patterson Pape 4 • .i c �om AB INAPPLICABLEan. OIRTTFLINAPPLICABLE • • d Sear Or Meats Flnslekpa. Mara r a AS Pia AlleadtE • e. Cash at Molt*. Alnumsa.dMBum al Cie',xsiud%Osh*Posit sNYSuyw&Sedmo5 • da I be a funds Willett tuppy MB al eOPAabr Cbtaaeo kns aM a nude task Metes*inner rota,wake Erse,sires std be lofted check end c shiefs dwk WS Pun), • • S. Flaw cue a CONDITLON9 AND OBLKIA11ON.S. • • • a. j.eaa Aasiesesory Oe n =AS p1APP'LK.Aa S • . • • . • Is. WWI Ceeatllettlt OURTEO AS PMPPUCABLE • • • • t4 Grad$Jl bnistlon. owtiwASINAPPIJCABIE •• d. 8{b41110 loan Renew. OWRFD AS MAPS ilCABLV • • L APPRAISAL PICOASION9. • a. Apriakad canopy . This submerge s. C]Slog C shalt Not Wei. . Boa Siae tars Ise ads apace and Wotan b rineet Its terrier efie Punta*Pdrs mown Vie Pmpedtte*kol to dMsmt+d • ysnmoniker engaged by ' 84A .. _ .The smtaabtstea Ioneole PI duty • IMPGSetkrVISO1io6mdtssmlpleelmasdsifsrefopydetnn appsMdwlgatnnets tem Oslo Prtmna t ahePvo its rt s less dun lbe Pinta Palm,ream*W ono(belbeenApp.Wef Denalae 524 K m BNs dose net di rpm M aarOi . ' • amaeAan OR ornets Appraisal DeSis 1§Ze).Balevats's soy dolt%robe under Ills sW an. • b. Caetd4ssudst cosielarri wankel sbsobrmbdrift*,dotendsostesdaldbeWrayWelAp • LX Beyer . beeper. • . • 1. € ate • a e4deatxefl1tt os On or boars lalsOat Sro 4$20,Mar sum Is bs trifle to bma6 et SspsN ants* • mad noonmionatfaoarofemk Forams poky Mds oomrnts4 b at want wool b Ps PaotosePsa orPapkaatk ended, • C M Meader ass ONO b s amended Aa Soler evens.Sigel aas tapes ape SS lnn�aarlol Pefra 1 19'a rM�-k1alee red dead t Boar esremes poses*tOrdengyro* WatatsYau a aneenm*amtIsfamished,s '=J eelseNoe • • comNtbd*MsortarocowImamatdsRapaanwbct we 1e: • (11 weans!sistm gmements. • ay ups.wded mstNfs Oos. • .. clip mead lslhdhs*is eaa onamMido IS deed Is sm okd),ego • pt tmpetd See.ass irks end molder*f tae aS ppbt tots test of Cairo. • Any additional psanWm uprise to obtain fhb addlm d reaps aura es pad by DX, Buyer C Seller. . • Tte printed pates d swep lholem, t dSnm P. saW addlLor;lava been approved by as comb Rao Epos Oanmbab t.03534.04) . • L . tbyefs Mgt_._.— seals tda.k: cup alNeeloalxt6fa Patterson&Company 10%1 AAa 11/202008 t>,.COW* a WINS t ,S ►I 7II4n • • • uy-cuuo nun lu,b0 AM LAFARGE CORP II, _- FAX Na 970 407 3900 P. 06/15 IIJim Troisi 3034992598 P•e - . Pnepa sd by Maggie Patterson »°6 • b. Conies d Exrrceens. On er baton Tile Deed'sea 2c).Wet,d$it's aaa.Sit to h fo Bum rd • - ... ._ .(1)eoopy deny eta dedsrefas.owenude,oomitian • er'nvd•►dddons Stowing dui Properly.and (Z ea ale buttons ear waved is n>�uial m be Wished,end iltk bar is checked ' L^. oodles Sept caw oemi ends (a,il teP'blt sons*s ci wen downes wad in mswitA,dnaepUas(ExoddlorK). • Ere YS berc6rotdteled Sege eel keel the.*attar b US di tea dosmpm pumgttleIt eOoedin Unrpaded by Bsber • • ill wry be on or betas Decor Regnewe Dmadlbe(t 2.y. This coq*went sent pitta only to downs*es sera el record kites . elk is elite ask AS nadir.The abstract a Xe insurance cone anent,bgelrer wit w rapist aranamfes efsuch down • by shed parentle des radon,candles the We doormen CU tloaanmrl. . • a Bin e% Onet below Survey Demt -- (gee) Leaks pose rr [f NIA atrag Sri Bi ridPebwet . oil*The Combat or OP malodor of The opbeon d date V with surd,in rewire a anent O Mpormnera Survey Plat • [l hnprmNnmu Laoadon c rtlwb ft sweet • ' • (0,rdesayA.,aneat is Wolin a etne0. M want natiolesId 5 $0.000.00 _,_is SunnyshYbapdd be • janter Ell Sate. ; WA Y die cost nowt ibis*mount -1)sl_y �„ tnaa pone soneon stewschat. I. & PILE AND SURVEY MIEN. Si. 11005RarimM% ' dstryerRoll hate the Old b bpr d a is Tele Doar mMs. Widen Mice WFio dwMrrrdmbliily'd b dare k in evaded o The ConwrNmutaelmyWhet orsaisholutyIteconsNa War,bytreTheDOCCItr O% esaMeardra i12,Rae b.shed by or on bated of coed Olen lo SSt on et before Tie Madbrea2e).or WI*five(S)%eodrd.ys afterneeipl • b tkyerofaw Wars tods'ndzDowser&armrdomafllhoTls�keerd upemerwMe nab MR*dSGmrantaddingea . rywEsospion5tle. ISNer dote not mein aeon nctosbyts dies speddedstove,fewer rabbit*t.. on dab esdodoss! , • tithe Tido Documents as salklato, . • h. M.Si*met$esrnlhsPil6hcRsati Sella Wall Seabemew.atabetaOINtacerdsaersOw saae) • Ile Wide:ere,Weal eel sewn ilSebesWaneleknpeWrinttanProbalymdivealdosebweteretasemenb.Pew I Weng.wend pa ..s asmnedat be,...a.a Wiwi d.but tryst irgalsd)a alts t is Ian Qndndb'p,soma gaol" • .0*of est Sued:end widow)rot*ow WIND wit record.OeNch CS ha imbed kroriudee. Swig*ad hawing right ssMega rePaige*bdslmSMg nett*pahaaffl Veint hePrcWaynotSea,bySepti ma*flea unrecorded essernew. • nromroedRess abeusWy line daaapmrq'yMkben rdbe if any umatbadmi ORS deemed by WSW orterldedSleet s•Pedbn.rmtddWsndne 412.shell be sig edby ore Wheel Brost end Our to duet m or Win OINtowed WOW Ob)eaMoe • Wawa 11 20). If Sober does not moehs Balers mike bye* Oak BryramWagbsd4.55 wit diets.II any,alSo pieties delta. Mw has actual Wnawlsa9° • • r. Survey Pavlov. Buyer shell ore Its right bb ware Sauey. denim,. eni mnswaamidstofSewSw unaded eery _ shown bySar y, cat EIS a dby SAW on below Snug OS)ad ww0 imn Olrs a 2a1 ton such obl°ai n • std be deemed entsualslarryflbaadeon. garnerdom nor nook.Meets nab"by Sanity OY(mtkngeedirsa2e),ewe • wee*Survey.wtleMrm7 • d ,Breed Te+drrra Pisb BP itte. ECW.TAXING OISTJIII.'IS MAY Re SUBJECT TO GWERAL • OeUGATION INDEBTEDNESS TNAT O PAP BY REVImuis PRODUCED'S=AlaWM TAX LEVIES ON THE TAXAM.E • p4tpPERTY WITHIN SUCH DISTRICTS: Marian'CYuanINMICHIDMT10CTS lay BB PLACED ATRISKFOR INME M,,'ED at LYitS!S AND IDOMOMIE TAX BUS MO TO SUPPORT THE SERYIC143 OF SUCH DEITY WERE , 5 daRCtfSI9TANCTB ARISE RMULYMS N TILE ItMBL PfY OF SUCH A DIBTRh.T TO DISCHARGE Mat EMESTEDNEss toRni0UT SUCH AN*CREAM N MU.LEVIES-BUNTER MOULD INVGBTIWTE THE DEBT FINANCNG REQUIREMENTS 5 OF I E AUTHORIZED GENERAL CYIUSATIWI iNDPJwTEDNESS OF SUCH DISTRICTS.=MO O 1111 LOOS OF SUCH DISTRICT SERVICING SUCH NDEBTE EESS,AND 111E Matron.POP AN MatEASE N SUCH MILL LEVBs. • • .. • m S esa toPmp m lyleaedWaine WNWbag dbbd and Biqa ORRINtoyetrNra?UdeooM'aetma nmR is • itodrd by Seller m a bebs OSRwrd Molds obji s t Dood ns$2q.Ids SEM tint mien*IISISs I Seger does Mn.. son arms M Imo gee.anima ale slid dthe Rspays adman m web word mates&Wirt and See the tight o • • m "e 'p► fgaarlstad*arse delude,pat:amS mmm SI°essesSadin$ittSederrecedes trice of funded enedaydile a any Ms undgdecply fie cost o,enmrinntWoo es pooled In miersias t a,lewd 0 ebwe.Steer shoe wreasmale t is aped ed wad Sans and liar eny nominal expels lo suede ISM Pea te Owing Y srdn • umedisedaygeeaoMMonisnotawreaWdtlintseadshWonenarimsby-goin,CScaoedshalltiersed,Ws:prorNed,MsWsr, • • gayer e row ny,by s fat naked by Settee or before Wraith wive dS)edbtr to sue leers. • Thy l nod Mtn" Ne lent,eaa t Mew sand sddda Os been sdprared byte tad Real Este Cared.sten.(CIISS4 O$) Btyavr.ran._— Sete Nods:._. QS otamos S* • : Patterson&Company 10'.41 AM. 11/2043006 aman S albMI tan trlisr% • • . - • . 0 • vy-cuuo nun 10:50 AM LAFARGE CORP IIP • ---- FAX NO, 970 407 3900 P. 07/15 • Jim Troisi 3034992998 p.v Preps NJ by Maggie Patterson Pare 6 2 Talk A4Nsohr. TMTsb Doaimmt deed ONUS,IM,warded and lea of the Pmprty end should be reviewed allay.' • Add boa other mars not rased in the The Oecumenic my d%athe IAe,•ww.Is and la*Sae Piton butts iii wrfout6iFr6oII • bout lacy Ines and tmonaebmat,silo*,tin odor dtd enure its and dOM of mole ant,leases end MIN unrecorded agrwnerar. and Wow Uwe and gwrnmrnW rep aeOms an:erreOland use..•tatepmudawl emgenme ttal melbrc.THE SURPeCE IMITATE • EN BE OWNEV SEPARATELY MON THE t ionememerEau.t rammatrataiFWt Of TE SURFACE ESTATE DOI B MOT NECESSARILY INCLUDE TRANIFEROF THE ME tI.O MIT& THIRD PARTIES NAY NOLO INTEROSTS IN • OIL GAL OTHER MINERAL%GEDBBEDMl BMW ORWATERON OR UNDER THE PROPERTY,WICHSiwa'6 • MA'ONE WIN NMI TO DIM ANDWETHEPIIO RM. Suva main now beesbdad Ice is*NNW=NON • BujrrIadvbedtEntrycomabgdraeaelwithrayedbalashrrpersOstenweotoot*w kitsim' iadinthkaeand(e.g.The O4 roam Deadline a 24 all ORAeatd Mathes Objection Deacfl(;24). • • • -tee Ph• 'ir rIssIgnedbtErdereneHltriespriodwieleelesoiseritseervihici ileatom�lberprt:aitfinp,l+�^ a • t0 PROPERTY DISCLOSURE.INSPECTION AMD NSUEARUM:BUYER DISCLOSURE. • a r Were Sash Property Dkdaeure Imaelnel52a),Seerrg,s a pyvale Buyerwlh a Seers Prcosty Died:Num(Vacant Land) 1 i s completed by Salta tat teat of Berets caved as dllmor adee. • a. InseedlonfbtediaalflcadAnea Pehwmareate heeIUdahawInspectiondtMphy**Sonatasdda PI rpfrd h - lraaudorns.at Buyers expense. )fie pineal sand*n sae Newly Indrnb md nsIs drlmg M Sayers suttee** • d nisi,Buyer.Ml,on or beams Inspriioe O►eada Domain r a ay (1)notify Seder invette Out nls Solaria b rani ed.r • pot eta Baeersrten a Wreten demipiov day unariaaaory ptms a wndllsn wtt btfr mqi a Sow t° o neNatet$Crred. • M Solemn to os b not moeNed by SNr en a bone R INNS*OtNe0oe NS*(3 29,,the phphed twain piths PdpenyandlndusIopsS ebedew&tobeaf_eopyb&ye:' • b. haoMlon Daadllne. O■Nola b Conan rremind by Saar end if Blew grid Behr ISM sat spud in Nil%too a eian.sOseol can caboose ReNheleo Erma*a 2e),this contract d r el laminae dandero day Ickes to Rssobalen • • I Ndbe a2q,unless before sties tamba6on&s!Br reams Bit of wwt ntretbanal al Ss*doe to Cat ' e• . TM MOMS &ye oreduponntaalslu N lawyers *'Br-. _,tlon, ersLOSS withe theabbey, , ' • irdlseaMp tIaanfrpropaelImmc,. 1V4ca1beotNoItermlateupanSe9ehtebs.enatttsPeuliot' eaw e MaOsa/iw(a 240Btyer"s alai MODS DID annt kounriwyatna}pdattsryb Buyer.ill note said no le net Emily rowed, ' • Mt*41 have waved scary ripe le Swine undo'We paMeeio t. ' • 4 j)aloeee,UsnkSed MrdlfmJM. • buyer b t®pen rible ear aylyrltar d Mapeeesa.arrays.angteetbC repels rat seater work darkened al Sayers Newsstand del pay for es IdYaee iAilch maws a the Pryery end Intdtdta a s mart dwelt • aclees.'euyrahBnatperiMrdMertersNaryWOcansIhPnlanatiapaalfaa.oneet,Npner*,apesandErrnahr. Noll Poltstalrian*WRodarbatlayer'srequest &yer agree itIdrsaN,peke one ASSeNt Watts fret.aid apalw any NbI,. • drams cost rrpense tamed byBehrImmaedlenatiasyoursImpede*oars.aOenTubWraybIthSeachrglda , rewerai wets and'trpetrses mama by Stew to aaotde Ns tubsedon,McLane Beth aeerohle OWNS all INS fad, Th • proems CARE subatedon shad suntan mamas Sias=trot . • 11. CL,OB__., S , Defwery of deed hen Selena Buyers*Settee jgwbtel•Ckaap shears an Items Nodded es "-- Dim(52c)orlwn*aispnarad$anerierdeM. TM how andplacAf Gigging shut bees demand by , • • 12. ptAtignRDE mu, T . artless bider sired at awing a squired mash all complies by Btyw**SW Nisi berms and prevteeW cawed Saar shell . • wear*and*Om igo%lad seders ' Sep:W. LINT4. ______.dere taunt,at Cuing,ammdlq Pe Propgbaa • end taw of IStlarw'at Ih Deming ee DeIWtctths.ye�wof C sing Except pa*M herein,ND dm/bemweed pee and sat all ' lees,Mludng any 0awrenveaYne for!media in etyma^.kalladae(BedaledBuyr'sapn*renemert,amberawnalaadt • Model beaanwled subject la *.Slice sspecificeeaplina devoted Wotan o In r worded doa rtteras is rMpderl In the Tab Doan*spapltl W Buyer In • auroras at;W fflk Review). • b.astriglIon aibeeesnenit . c.Bow apeoltrity daubed fig*of Ord false e$shorn by 1M park raa pis OWNdr&yrnN ar to Indeled0e ; • and which yam accepted by Eery In accenlasice Mt$lb Main MA Shown by Irs Pitt arcares$end 5 lo*Noy OWNS • :.the Navels and bidders of can sectarian and Dar ywal agreements,)any.all • • f.other • _ --._�_ ••WOME OTHER' . ... • The Ong'pall ei oat farm.Ran dafnrteaeudmdslia awn been*Mewl tM Cobtarb NS SS OretrtiasrIL(Ca l;5444) ', • ' earn Intl*: Woes.,,.�., ers Veit—— Oat ae$ 0oRiot8a Patterson&Company . . 1?41.AM 11201 C6 oar Mos eaw.emrar.am to curbne • • , • . . ' • • VLV um-cuuo rluN '0:b] AM LAFARGE CORP • _ FAX Na 970 407 3900 P. 08/15 • Jig Troisi 3034982999 P.e • • Pvepe fed by Maggie Patterson Page 7 - • 12. PAYYPNy Of ocumBRANCEs. My mesnbeanos realreale re be paid shag be pod et at bdee Cee a fmmths ptresde of Ns baleen a tom any caw an. • 14. CLOSING CASTS,DOCUMENTS MID SER1RCf'8. • Buyer and Seller el pay,in Good Faso,heir epee dsoitg . aslant] • assadatlarBensraeead b *.e be adhar.Se peed imam. 8seereresaesalsite and=Wed . as ants a ratiotatly required doasnais at or boars Gemini le��se^l1 sad a Males tee dad be pad d Ila ly • . • C I One-half by Boyar and One-halt by Seller . LJ Beyer E Sealer. U artier III - _ _c ..__. ._ _.... __ .. . . • TM MS bra mot t`1 tA. _. x a the Purchase Pries shall l e paid a Cloaks by • • [_ Ont half by Buyer and OnNwN by Seller i--1 der Sr r l Sailer l • l.._Deer not.applc?ble _. .. _. .....,_�_�r�"'1 �.— . M If Salesend use tax Pm moy ac vo bears N Ns lunar t had be add wMa due by J Buyer DSela*. LXJ WA . • 1i, PRORATIONE. The bdoaha Nall be preset faoemB Dye(4 lei,eat a tee proMf tt • a. Noel meaty takes.Y ens,end pc al reel dab ie afafheyardCentbeedon . -- Tares forlhe Calendar Yax btena lfalaly Pte eemnB rotate X Moat Recant MBt l evyaard Yost Recstd Asa am and , Other • b. R sue, ' Rene based on Rents Antes el Received L] Avast a ; WA • • - ISCII tdo eesholdbySedmlbeoedaedbBuy.. Seller:tdel astir adkaseeto Dew and Says Natasee Nth WIS. • c.NOTAPPUCABLE.. • . ... Ode PearaVons. Wart and saver darn kited one carte lea bon.and • N07APPUCA_RLE . ... _._ ,._._._._._._.. • d. final Sattletnetd. Urea*Sheets sotsal in wart the meow shad be Nat S. PQSIESBIONr Possession Ole Propetyshe;Wickland to NW on Fasteelon Paw and Pa unsabiTba(g Zed.• • Oleo So Seat leases ortwat solo. _. .._...--.__ • If Saki,aver&holing,fails b dens possession as sped)ed.Sellaf Alibi tutted b ev W brt end MS be abilwalb kW to I aufatof payment 01' ._ .. . pare/ Ss Prechelon Paw(I 2o)WS Paaaeadarl edelsred 17. NOTASSSGNASLE. This coned dal not baseaignoble byek er*MgtSlatsarbrirttanmren Ekes-asap:apt • Shit cataract Wan hate to the hanottd end be help aPonYte nets.pamoud re mstereket eaccebbn end S to Olt.Mtn- .. • 11 1MSURAPICB::CONDITION oFipsuma TO PRO Mgamgaitegat Feat es See taodded le ate banknt tea Rtgatyt hexane aboa lad ho dekuwed In the eatell iedging n ofthe ea drib wet,easy ere its_teplel • A .ftiptalbflr(Wearfce. m two Met hi Props,efMckrbna WWI beeardyedkIteareenranuaA'pinto Mani bran swum Snot some=anpercwddIMlea Peel s Mat,Set elbe agape io melee cameideaWe Mains t • 320. Into es*use seas isnt sped wen aid Sal ciftsdrape Seed actamihe meet atbrbetarrdnaledsee eat d Biqa by ddvaY*a Soler wen noes d Neel at. Shed buyer ent SS mate Sete way set bs deye*Midi dna Bry • n tthalbeenleedbaShed,at0smg.fordeebeam speaeabresetAitsGoalamkdamptto1MPraare and yMLeemp_yebteleSeer • bd natty MartsssodatA YaM.ores Pt anon of ay tsdud a poke ft set Seance pricy,such set reuse __i..Mdaitg and Seruhax. Et:oadd sty lease or see pmeludtlg eels at mnhwata stns pfapely,e0 bete%abating. W fd or be tlareaaed behest to Mesa this eon:tartd Calm rpoaeneion.wkiaravralrl be • • eider,then Selereatbe We ix as mpalroempeoemet fe l Melon ay sto ash le Wt atimrda.as are gwedt or an I eeltausiatamdl butaYy boa Snot Se hells e eso repbaesldsch Iskislen.stoke rflen bwtet rapdwihlBy • . of em*SW arocbean.WWy,Ian aft Mao protest teatime by Dupre**ouch ripe aresinattttin tilt den kr . MY and suit prey WON acIts.bY be note OW*.OW b pmtbasa tedbsuchkwruepocked'atbeltskrleBreeytepope,e be POI WNW la the a YarrGaspovaeoit43 • a Wilk-T>brouah and ticritleatlst of Code 1= .' Stet,open roar elle antes.awl biro Vie,l b welt*vas' ' . • Ye Pots" OS'isci'oskgtevI that thap1yskalo imSIM?epea end durlonsoteryes She*wrist Sun aid Set ackeedge • Nd the epee brer Ins adved tae TION OF Bustdoeanem he d Ipr amp a and le near. es exer atl S 1. • Nee eonleaslenWS Sae and tax rphe ewe be 1 aria Isis tote. I • meconpalms re en torn,amept.fla east sMdtfat here bier Meal bt M Galan Feld ESN Ooma hasp ale-744) • Wyatt Make: -- SetssNWk� ,_, DOiem¢40aene • Patterson bCan Pang _R • .17.41 AM 1112012008 ones oxaawtoearmf4Qansmt •.•• •• . • DEC-04-2006 MON 10:51 AM LAFARGE CORP ---—-- FAX NO. 970 407 3900 P. 09/15 Jim Trois! 3034992999 p.S ID i IP Prep red by Maggie Patterson page 9 ffi TIME OP DICE.DEALT ANA�a1 Tulle balm agars head, tarp notes,Meek W WS as • fan to Money maunder a anyer pond duehMa paid,Wand orSdMS wan das,at amino damn. % -t barest la la tparbamad of waked as Main pwlSed,firs sat tall Mo Mg rerr*ales: I • a. flame hp In Waft • • J (11 Eel a rep Sect tel�tMk tartar an q n She ease atptyaSalM tags amain nand hen aasrdae d bemai • en lead on bubelci Saler,and Sellermay acmes suds dena[p a nay be prapr;a SAW my Waft leaf Ws,ensattr tee• n 1 a brae and Sand Salmshat have am(Mil le imam pa remnantdai s•be kit C]X (21 liaatdala D.Ma.o.s. • • PalatmaadeaM Mats dw'anoSedb sideMSabMkelbyliadradMinedanbehfdSatrardMt mess Mal to audit be nsasad km el dagit am hereundr.Its agreed tit itch pymn and drape d"loam!lp4JVATEO DAMAGES Sad • (ti Mats plaided la Sedan Om MUMS SOLE AND all X AECMr Dupree him b part=toonagalonsalas • a dyad Sale ac raeig wanes tie nartedas d spade pealdma cant addlbrW aem pas. • 6. 'Saar isInDetalat all SamarWaal ananas Dana=damakd,n caw M ears*and lhgstdvaNtna na eisadnaWrsalbeSeedand • S yrr may mosvvabet dYaMpas as may be peat.alum may Mn Mat Ws catW a Wait aa Wm and albdrrd BryerdiS N ve am light b spsRk pnbnnaca Ada ages•ae boar, • c. Coats and Exbenses, . • • If tm ewatdryabinto*ot Wgatan Malaga lads wrack ea etaror et ma Mill mane b tie pawSitgprq SS retseraebsce s d dmmemo e,kckdrg sat ene sW Ns • U. yIEDlATIDN. r own rirrrsfa0.��b aseams WasiOMamMath nPrWl putter w a Mpabnsat MsfapuwHansly ad s air ar iest Mut a ealie Mail;Dana wart Of MSc areal teat f°DC In Sol IS%linalith" • amid—'4 Mahlon total bamme bal nnafal ns. me Pules sna,*arat Wale bda.MIarla.tktAntbng.its Pala . • 10 Sdbratepahaill clibl satagakradvi ear Mtn 6Mtm es tersuchm dal Tn.needs ate Srake ad, ee d , I anemia Mine muds area Spit k nnaadtsd Matt Sunder days ft* mean yaaks imaging madame Isla b/ • naeprpDtadkreti.pa alastI am sdbassitis Mistin dal nst adinef OM Mgt amok IS flab*apnea bt IA $ESTTaMmYDtsntm Intl*ewed any csramrayaagattapta Emma*Wand PIMP alsem • riUtattbandngnsni:1WGondWs tsr'ad a mind mtdn Mnna*i, Saudi M tHdder051SbeMOedMinor • aka Swint Mdrw*mar may sot say pretests tetRoptssandaodedantat,Wwgaldalpepesandderedtbymeter it drags at sales et a caul d competent Mlisdlon and and name eoantoSs ad amenable Crap and tags apt. • 19. TERAMIATioti. • nMs most taswtraa diis renarrkd al nand►iman'alualeanedlaWse-shed d lid be rained rt aN obipet...harsladr.stb(el g led,2I ad 72 • at Anornalaimi_PR0Yi51DNS. (tla*aloalre Stand sane Ms*naDeanmammal by Ma Collie RedalbaCdnndaebr►) • MeetManttyeseetMlaavri NoaWthere atneasYag rpwWoeetthisADnrrwttlerheasigrp ',Mk serestastshM be andjactct I the approval Wes Dote usermaengsne't Buyer ahallpasenaede Agreement is • aseharddraearayamaitalgpAdentlaskrssanabsonata;aat WWII dieSeUmtsatlbnitSot faro set rggYgganeaota'ara la OMANI,HeAgrat'amtt Did art Inineeodon andei.p;ledtatty at bast 30 do'sprlwto the • cmeng Dale m010,006 end anise Doe Dernoe Pled whichsvar dab At ladm then this Agnavnent ehalr tennhalla at the Ubadaa alPwatfersermade by ksinn alit*Is ds1 all BaneatMraey Pays*erpea.Jadey • • notes Mdse.*the rime shad be nano awibla to Buyer,ad der Oleo Sal daranftarsame no Ifs' i t ids • baarofsOMaar. `{ . •• RE PARAGRAPH 4 Pal tASE Matra()PAWS May t sew Dew end Sa/wroust mutually ape. an astrip'i*pw�snpicr aamHantsAap�p andm&Maidandantisdabsnlurt eetstyNayl.air • gear aid Slav pair!mutssa0y are Van an eat Wrdaapdos tee Si coaArast s ml l 1-422 G • t;aaa.Na Sf-An !Shall lag_ (,Q b Levis �ba- (5 Id • •••ADDITIONAL'PROt9S/DNS CONTINUED-SEE IITT oecOMTINUAT1QMP466(5)•.. ( ,VL .Lt S 6 gyl• ,ITIIREADt aNEKT:MOORDAT10M.SURVIVAI- ' 7 ` • Thbapropaocitateaene eats tweed Saes the pMaitMbeInhiMfiaaid.and anypirapaanrrpslinn.MS : • Mein ni t ores t.In bean asked and 6lapatad nb.tns borsaa lie ICS*tamiMalien d ay tell tammatsmrat • sag be wilt Wail meat an pads,ce en eiwabba ate wads h may ad*fad'gasman. My Maislan In Ws sand Ma by Ms Wm S MUMS lobepaa temMdw lannialonai]oeniM.sunadfSlam • The printed manna des tam.accept a flawasa%aeakrt,lr ebeen mpakaa'by an Oak wads RS EIS Caondabrn.(9961-7-04) • Pattnison B Company surfs nkla: _,, — ••SW*MS:— MU 08314(943003$ 1a41 AM-111209006 oatstean DIM•I0N GaAs,MCOSasrar • . • • I ,. Lease to Lafarge West Inc. to mine gravel in Section 36 • with the Colorado State Board of Land Commissioners • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Contract for • Lafarge West Inc. to purchase • the Parsons property from Dr. Sally Parsons • • • • • • • • • • • • • • • • • • • • • • • • • • • lite-u4-2006 M0N 10:48 AM LAFARGE CORP _ FAX NO. 970 407 3900 P, 02/15 • Jim Troisi , 3O34992998 p•a_ • • • • Prep red by Maggie Patterson I page t . •• Pi it/arson'& Company nr• o me Pis S*IOIix�o GoANTa u t GAL CONSEQUENCES OR 0• — OTHER COUNSEL BEFORE SIGNING. .17)0 30th. Street Suite 0 Bc mm,co)orede) BO3ot� CONTRACT TO BUY AND SELL • (3 I3)440-6484 (303)4994998 Fax REAL ESTATE • • (VACANT LAND -FARM-RANCI fai .w I) • �' _ _ _. _._... _.. D.. Purchase Pater "3:11S..b. . • 1. AS • i bases epees to buy,and tie Width Igned aderrgree b eel the Property defined below at to teem i ' : • N ftraille t net forth n the contract 2 DINED't6RY9. ' • I- > , • • 1 tarps Noah Marie' • , se Riotaen:real mistyscowbstasa+ , ' ' • d J tuft Tenants Tenants M Common • hr.,Ix P •I The Nowa Is Vs Sowing teal?,deserted realesbtr ' 1 tA dsionalP!nr: s • • r• , i its Casty Dt I4 .Mir Mirada,condo try down es Na • • 61netAdmees - r• COLORADO + -P - r I meter Oh to Marta n.a1r e,daft%beat,inwrovuryels eM ambled Wins apptslrnanteesta,dirtiest of Sean n maimd • • I psis an sinadpowd teato,mesas herein mead. • ., _ C. Daft ! u _ . • INn ' I • yh. Reforenoe , Ent Deb or Oadaae j g 5a Loan AppOU04 Deer** NOTAPrf1cA91e • 6 SD Loan Cambnmt OeadW* Ti `• • -NOTAPPL1CAB&E _.� ' be eu,.fltreilllMcnn aiDaaSt NOTAPPLICASLF _ • • _ Sc Dleapprai.l al Bunts Greta I NOTAPPIJCABGE r 2 • -; $be 2i0iAripMarl Doaunieds DbadFte ! NOT APPaJS ABLE —' • _r.:— $ee Objection b F ti Lotla'Dmwi neta619mens NOT emirr B e _ �_�. ~ ,L‘\S M Ina Appiwal t Laeq Trers ter De dint, 1 57 APiLI i1BLE _ . 1 1 3 6aN) Dmodine ___ _ • THURSDAY,FEBRUARY 15 2007 • -�r g�a _ �Tas oea — . ; iNONa+Y. jr.mom cgs eb tPliOt -to Ig1c^ I{Bumpy°rte _ TNT_ AY, aaw16.70bT .,r I • 11 ,5 ec I Surrey objection Deadline TUESaMY.NAY 1,a00T •• • L 12 41b _ DocumeidRegtrest Deadline • IK7NDAY,JANWRYfa 2007 • , _-__ • § _ JOB-Record TUESDAY,MAY1,t�0oT� -„�13 as Tiia O�adtan Dsedlr'tel--. I • •• 14 !g6b Matters Deetline i,.�. aIONWIY,APRIL 1bm07 .. .—....._ 1b §bb Olt•RacadMatlera0bkdionOmdl(>It TI/ESAAY.MAY1,2007� • to 510 a Seta Property Manure Doman ^NOT APPLN:AALE —�~ NOT APPLICABLE • 1i;5 IS �hiWtaaOan Doodles I • � — be Ward pedant d4iF tom,meet dlStmnSed=tetra have tarn append bykr Corrado Aar Errs Cencre ri.(C `ti35•7•04) • au e(s Mkt — Sikh SSMaie 04M eeneos1J00$9 Patterson&Company t11128,2008 ,rw 5Aii 1ia2a08 or calm sta Cl aim 0. 1 ,+ '1115.7 • . • Mk . , II DEC-04-2008 MON 10:49 AM LAFARGE CORP • --- -_-- --_ FA • X NO. 970 407 3900 P. 03/1'. . Jim Troisi 3O34992998 p.3 . Prepan d by Maggie Patterson vase 2 . 'le j lee_ .___.. nooadfr� _ NOTAPPLCASLE _ ID i 10c Prope:y Insurance— Objection Deadline NOT MbW.ICAdtE— • 20 $11 Ctosln9 Date --- ... THURSDAY,JANUARY 31,200d . 21 §is Poesesaloan Ogle AFTER WVERY OFDEEO _ - - 22 !IC �t ___Time AReior 91y_Fli® .22_ §2i AGianni°Deediino Data —~ MOWN Y,D fl.2006 • 24 §24 Acceptance Deadline Tithe _ 600PM.,_ - ----. • __ 1 .. .—_ _ - . • d. Thetoeosenpereapartal this mdaa • Er abR'A'and•6-(map)and cenUAead on passe • , • . . ' W le lre Sowing dedosen ens IN*Melred but are carte in tat Ihie contact • • a. /awttoebl0ttgTerm. Ante orintas mirk Inaboamonstaceebb bailee bN44eW. The ahreeleeen • 'WA`moans notapp(b-'1- the a ameNatire'MEW(i bai Seaton of tile cornett)mat the Sethi*amen mtidt brah men be signed this carne. • : )NCLU$ION&.AND EXCLUSIONS. lbs Padnsae l not irstnrks try followty Iteme Dedut iorner • a.• + if amrbed la the Properbm the date d this mntsa.steeng,Saint paarbire buJaq,and be'tS asap • odor*Inside a and telephone strg ea and oad A ir9 cts•pta n,t,neon tcorcovery +*AWLgs,ke *AWL aphlderaya t and . • --NONE OTHER-- • b. F-d'9,-} The Weft ellehed*dent anvhrded from Meat • -NONE-• . • . • • a. EnEeS Paaaonna. M an is Rdperywrpdw Abduc ar net an Vie dele ore*wind asap shadows,berm Actet Window IS aaob shades,sankgs,*An aueems,window u oat a eats,ram diem rode,*VWebeee NW a loges • M A n a Neblesirg en Indadet • (j" SaaiaeFlte Deem n seamearis sod • NONE OTHER-- , i • d. Taber of Paaeaaad Paaoarte. The peso d Papery eo be gassedel Mato Orel be stinnved.by Sher.Ins std de! of M larva,(except pewee)pmpaay mu*the yew at do sig),tee andenasaUanoet et* • • Comeyawe dad be by bet et Weer ether at.i' s legei iga amen. • • e Orel paa ofta ms team,except diferen*t dald%a re,hens been saved by re othlado Riot Emir teem Sire(Cada.T•es1 ' Ewers initiate __-�, ernes lea—..._ Dtl800'a?e0etlt69e • Patteison&Company 11:13AM 11120(2000 thecae nves-setae"seeensTM III .. �» qi tin LAFARGE CORP -- FAX N0, 970 407 3800 P. 04/15 • Jim Troisi 3034992996 p•i • Preps(:d by Maggie Patterson Page 3 ' • a. Trade Mons, with respect b trade tCwn.Bdtra ud buyr agree as% a s • . , • A Wader nanm 'The tahoSng gar seabed waMn pear ' At flora interest in ad water.Mater Mrs.mdts.dean►Ehb.wet,want ditlat,nearve r,want&s glas end want • Sap r appurtenant to the sager*property, 19 shares of Jo nos brigaded Comptes 6 shares of Whitney&4gadoe. • CO Ms* • or Awry awrdghmshallbawnveysdby "NOT APPIJCABLE. ' ,.. . .... ..—_.—.., �__... ..� deb teller aramels bpi iatisaeM • • s Ortmlna Mass: wrh respect to the wowing a ape 6MMer DM Dwyer Epee as ahem Ni• ITAPPLtCABLE . • 4 PURCHASE PRICE AND TERMS, The Pvdeae F nia ed let below nil be cmy is M U.S.Des by Dem r l as: , ^b ite4rsaa Item • Aarratt• Amount 1 §4 Puigase Price '' /r • 2 §4e i Emmet Moray :r $10,000.00 • 3 {W11 ►MrF#dtloan -- . . • 4 54641) New Second Wm ... _ / / / /J _. . - 6 54o . Assumptbn Balance i 0.0a 4d Beier or Private Financing • 4 •„• 14e , Gash et Closing r7/7,77:' ! . 610.0006. i . [ 10 - Total • �i ► i � • Nom: inhere le an rooasiderny beemen as Purchase Prise In the irsl~are air S4:Ma wnaeda$4 sbeban wait • • a. Eatusre7aeeer Tna Daman Okay all trend*sad" the tom d SANK CHECK .ti is rtpayrnaea die Perdue.Prim and nibs Myth to u 6 heed by • SSW .._.—�. Cawnisthtwny!MOM,a Its ind amount,onbehAFd ix.Wmene . • blot.Thera'misiM eYOftmd'itbeleraredSIScu*tluresstepart debrasyaVeano sorbet a Mies des ea is gtaraspaynert The tease whatdebar/at Ma'westMametepaittOwdattetrwrlsy%6aymasabeersClydnw. m • me merit Earnest Vase Fielder hastweedtorem Memelairat dem Meade ranierradbe MNleiebkdwdtan Wpas ettmeh bg atbd me temstrob Comrade niedads,Were el Coda edmwnledee mad agree that any isetaca*g as the Earl . • Money deposiad et the feast Merry Hddr i,eh terra Arm del be eraleaedb matt one. • h • • II) NewFYatlre. imarrnt0 As60944.erAats ' • ' • a) N9n'_a 6019 loan memo AS N*APPI cap '' • The primed palione dads lane.mass a-'--dredaddlY*, .he ti barn approved by the Cotner Real Rstde Co rrhrea.pl°SYT41a) : • Bear'sbddatt,_.•_ SS t Mee, WeOC'alaecOora • Patterson 8 Company • 1,141AM 11/2012006 aw tea 5as.sre arm.n•eereerre vat, -u4-euub nuN 1U:52 AM LAFARGE CORP 0 — FAX Na 970 407 3900 P. 10/15 • Jim Troisi 3034992998 p. 10 • Prep grad by Maggie Patterson Page 9 ' . %. MO1tE,QEUNHtY AC CHOICE OF t.AW. • e.Wynn Daiimy. Erppttor the notice requesting mad on described Si$21 and men as pwided b S 20b bobs.dl noes • sdee • act MynadaiesSla stedbaalbglvewba,rcceNedby$userw broken. by Soling Phn,a ndMNeto • Seder shall he effacers:twee reaNed Wade or Lang But kerns Fan • b.Eleeaede Whey. As an Minnaiivets physical dreary,any signed document and Mem onto nay be delivered b elarbadebnrn by the flaming indmaed meer,S cap! 0 L.i FaoaknBe EC Entail D None . . Marmot Me°NM signatures Net be pl'oad upon n stint of try P®ti'. . • • w csln or 'tan mY rennet sad id aspde,son*heh weds Quill be gowned IN and wmurd m madam aim rill Isms • at be Sole of Cant riaweutl be app!ablo to Cobalt midst vim aeon a meted in Ws stile terpwpap bald In Colorado. • aT k f�spire unless accepted AliC b Ming,by Sum and Sala Bsevide W bl their Egirmrss Moe,and lM cneng arty • • n Mies noise ofaoQ-a.s pursuant le S 28 on or bobs Argil Moe Demlbse Oem(y 2e)ralPaptMw Deadline Tkse((?o). If ' a nplsd,rife she bawdy aeaoad women say and Buys[.AcopyofWsdeminademybexoleaeedbyaaehPvtf• • • apaSM, eedn a copy Inemcd such coot been together shall be demon to booed erd complete mesa . • a swats ., • , • • '.Des of signature 17 t ig I h . • l wen • • � Oat dlgrein . • . I oleroAddron IWO U nl err ifns, CO.Mlas..... --.. .., .. kOq srdeplane ma Blows Fax Nu • . Nye*Emit Memo' ..-. NDTEof ti3 offer Is being omitted or rejected,de solely ass de lana& astir to 1201•• kdoci 4— Dub ot.graNw 1. (S Cr-- . • ' Intool signature ' • • Wens Adess& ?I_Nd.1MrsastcCs PS _ . ._.._ ....-... . . ..----.- Sder s Telenone No,__ ..' Seller Fax in .. . . .... Seders Emu Andress: _.. - ... • •• a Cd111TotisiEC710N. Thisolkra IJ r Countered .LJ Mid- . molds onlyof Witty(Buyer or Stiles)rho oo1n tere&re seea s)ed offer ', • BBB • - Wt OF CONTRACT • l Nett:Catesr ean bother d Bart Mowry Rua's read b mined ai err babes Oils beam S as). • n : I • • • • • • • . Tfmpritad Wilma of Na form.Do* OrksOniklidadditla 10,to reban snowed WS*Cdarmio NS Elmo rime a....(P033-T-0e) 'I 0430 0•324094.1020 L, Patterson A Company 17.41 NA .11!102008 Cal * erae•mo.ar.snee iren • a• • • 9 ' IP • DEC-04-2006 NON 10:52 AM LAFARGE C0RP FAX NO. 970 407 3900 P. 11/15 a Jie Troisi 13034992998 F'3 , . Pro pared by Maggie Patterson • Ppage to • 1 RQKER AcKNOWLEDDM61Q8, The urdsstrod E rakers edaowied)n receipt ddre Mined Voile depoaseer$tl e , • r 4aM,wit nipin toto Datum,acne 10 csleOM*upon request Yl4+any mottbr oededed under 521. • 'he Sam Brokzris e' ' rJ Buye(s Apelli !^] Tr annatJ0n•Broker ie IN t,0001" • 'to urine Moto ale ;El Bolles f Agent Tim"' aionaroter m o n transaden . • • ,;Races PB COM1sATWH DOSCLOstgtg. . il �i • lee&ekmaee Finn compassion o coowhoionb to:ba pa d by. L �0-ktlng B►okrage Firm Ell Buyer J I • I l Other TrarrsacBonar Brokers fee to bepefd by_I-nallE Nora! _ ,.�.I-- _ —_ — -— - .^,r • •To be completed by Using Broker) , , ' ring Brdmrape"InaeonosMaddr r carmtb fort K to be pelf by J Seger L]Buyer ,: X j tithe r3o S0ebrifsiin,rw Biokr : . • tslWlt{Beotswflm+ premedBreen Finn) L)reBrp (Namedteroe.wFtm) • Patterson a Company , _. 1798 aath Sbaot suite 170 _— — _ Boulder,Colorado 90301 • . _ • TdeplroAeNa (303)4444484 T No:,. _ rioter (sd3)4i9 Far No:_ - -- . • EMAIL; • F'MNL'_.-------L._ • 'r•OkoWre)--s..rinr: I yV e__- BY-f ' nI__.�-__._._______Dad -� — Patterson • . H • i • I: 'I • ' • • 'I . • , • • I • I Is . . . . • :ho prided FLOWS dtllii SP,axerepc aBkrestlaiededm8ru,la n Sir MAWS be IS Cando Real BOW Canaan'01183444) :', , 0438 08324081.10038 • Pattorsondreoenpany i 8:48 AM 11128/2005 , on bona elaw•aa Wilma*C+irnr • . • • i , I. • 111 DEC-04-2006 M0N 10:53 AM LAFARGE C0RP -- -- - -- FAX NO, 970 407 3900 P 13/1! EXHIBIT"A"to Contract to Buy and Sell Real Estate A/ cant Land-Farm-Ranch • (Cash at Closing)Dated OdetseS2088 between LaF e West, Inc., Buyer, and Dr 2I 1z) . Sally Parsons,Seller. L Lc.QA4t2,1. ) /_ a 5 Ira A. OPTION TO PERMIT PROPERTY FCR MINING: F the period to and including • January 31, 2008,(the'Permitting Perioc'), this contra Is and shall be conditioned for • the benefit of Buyer, upon Buyer successfully obtaining all necessary permits for mining sand and gravel on the Property. If Buys•is not su I in obtaining such permits for mining before January 31, 2008,this cor tract shall be me null and void. • B. ACCESS TO, CONDITION AND USE.OF THE PR PERTY DURING CONTRACT: At • all times after the execution of this agreement and at y time thereafter prior to closing, • Buyer shall have the right of access to the property t charge to inspect and evaluate the Property as Buyer deems r rppropriate.Al such inspections and evaluations • shall be done in such a manner,as not to damage on e Property and Buyer shall • promptly restore any alterations made t)the Property From and after the date this contract Is signed by all artles, Buyer,together with his • agents,officers, employees and contractors shall ha reasonable access to the Property for the purpose of conducting an inspection f the Property, including. but not • limited to,testing for sand and gravel and to comple any environmental studies deemed necessary by Buyer. If Buyer ias not elects to terminate this contract during • the Objection Periods, Buyer shall be deemed to ha inspected and examined the • physical condition of all improvements upon the Pro rty and the physical characteristics • of the property itself, and agrees to ac:apt title to Property and such improvements "as is,"in such condition as the same may be on Closing Date,subject, however to reasonable use,wear,tear or casuatiy between the of this contract and the Closing • date, and subject to any damage caused thereto by uyer,or their agents,employees, • officers and contractors. During the terms of this contrail, Sell ar shall contin a to maintain all Insurance coverage and to pay all utilities, assessments,G gists and exp nses incurred in connection with the • Property other than those that are to be borne by er pursuant to the terms of this contract lb Buyer will indemnify And hold Seiler harmless f and against any and all obligations, • daims, losses,damages, costs and naterials pe or furnished with regard to the property at the instance or request cf Buyer, and uyer shall insure that no lien of any kind is filed with regard to the Propeiy on A of any such services,labor or • materials. In order to adequately prcdect Seiler fro any such claims and/or liens, Buyer • will notify Seller In advance of each contract or ag ant into which it enters for providing services, labor or materials with regard the Property, Mollifying the name of • the contracting party, and the labor. services or sass to be furnished. Furthermore, at all times after the date of this Agreement, Buye shall send the following notice to all suppliers of services, labor or materials upon or r the Property as follows:The interest of the owners of this property shall not be subject to any lien for services, labor, P DEC-04-2006 NON 10:53 AM LAFARGE C0RP --- - FAX N . 970 407 3900 P. 14/15 • I♦ .i • materials or equipment furnished with rec and to this property,at the request of any . person or entity other than the owners. I hereby release the property owners and the property from any and all claim, loss,der cage, cost and specifcalfy waive any rights to a mechanic's or material's lien against the subject properly. i C. 1031 TAX-DEFERRED EXCHANGE: The parties understand and agree that this transaction may be pad of a tax-deferred exchange by one pr both parties. The parties shall cooperate in taking all actions reasonably necessary In order to qualify this • transaction for such treatment provided t does not result in!material delay or additional . expense, damage, or risk to any of the parties.Any party desiring to effect deferred exchanges shall have the right to assign its rights and obligations hereunder to an entity • acting as Qualified Intermediary,as that term is used in the Regulations under Section • 1031 of the internal Revenue Code,for purposes of completing the contemplated exchange, but no such Assignment shall have the effect of releasing the assignor from continuing liability for performance of any of its obligations! • 1 • D. MINERAL INTEREST: All Sellers' interests in migeralrights,sand and gravel, and/or any mineral that can be extracted from the subject property,with the exclusion of • hydrocarbon, and non-hydrocarbon. . • • E. The Buyer understands that the Seller Does not controc the sand and gravel mineral • interest in the (Legal Description)23596 NE4 38 6 67 & FT E2SE4 SEC 25 BEG SE COR SEC 25 N88D29'W 379.74' N13')18'E 12.51' ND4D10'E 237.26' N44O25'E 221.83' N78O53'E 137.23' S49D09'E 104.05'TO E LN SEC 25 sibl D24'W 375.7'TO BEG EXC • PT N2NE4 SEC 36 BEG N88D29W.:.,79.74'OF NE COR SEC (36 Western) . This • contract is contingent upon successful lease negotiations with the mineral owner (Bureau of Land Management)The Buyer shall have until April 30, 2007 to complete • lease negotiations with the Bureau of Land Management. If the Buyer cannot • successfully complete lease negotiations in the sole discretion of the Buyer,then the contract shall be null and void. . ! • F. DUE DILIGENCE CONTINGENC Y AND OPTION TO PERMIT PROPERTY: For the • period to and Including January 20, ::008, (the Due Diligence Period"),this contract is and shall be conditioned for the benefit of Buyer, upon Buyer being satisfied. In the • exercise of its sole judgment and discretion that the physical characteristics of the • property and the land use regulations on the Property are such, or can be made such as • to be suitable for buyer's intended use. Buyer shall useI'the Due Diligence Period to conduct investigations and various audios on the Prbpbrty, including, but not limited to • studies Involving sand and gravel mining, zoning, soils;land use approvals, • environmental and hazardous wasba, land title cogditiohs, existing farm leases, oil and • gas leases. Highway access and other matters. s I • If,within the Due Diligence and Option Period, Buyer has not notified Seller in writing • that all of the foregoing factors are suitable or that Buyer elects to waive the same as a • contingency,this contract and all rightsand obligations of the parties under this contract shall terminate. In the event this cc ntract Is so terminated. if this contract is terminated • for any mason (other than the brerich of Seller), Buyer will, within a reasonable period of ! • I a DEC-04-2006 MON 10:54 AM LAFARGE CORP FAX N0, 970 407 3900 P. 15/1( O � i • • time following the definition, deliver to Se ler, (i)all d Iments and materials, If any, relating to the Property previously delivered to Buyer and Sellers; (ii)copies of ail . substantive documents and materials papered by or on behalf of Buyer in connection with or relating to the Property; and (Iii) copies of all reports, studies and other • information of every type and kind obtair ed by Buyer irj its Investigation of the property. • • • • Seller • • • x a /F6 -t • • • • • • gar • • x • • • • • • • • • • • • • • • • • • • • • 41 • • • GLEN DROEGENUELLES • Attorney at taw •S plen@glendroegemuellercom • • December 7, 2006 • • Eric Reckentine • LaFarge North America,Inc. • 1800 N. Taft Hill Road, P.O. Box 2187 Fort Collins, Colorado 80522 • • Dear Eric: • • Enclosed please find three(3)original Contracts which have been signed by Dr. Parsons. Unfortunately, I found minor errors in the Contract after we have had our telephone • conversation. I have had Dr.Parsons initial each change,and I would appreciate it if the officer • signing on behalf of LaFarge would do the same. It will also be necessary for the officer signing • the Contract to fill in the date the Contract was signed on page 1 and fill in the date on page 1 of • 1 of the Continuation of the Contract. • After the Contracts have been signed,please return one(1) original to me directly at my office • location in Greeley and I will photocopy it and provide it to Security Title so a Title • Commitment can be prepared by December 28 of this year. I will then provide the original • Contract to Dr. Parsons. I would also like to receive a letter from you indicating approximately when the$10,000 earnest money check will be sent and whether it will be delivered to me or to • Dr.Parsons. If any information is sent to Dr. Parsons regarding this Contract, it should be mailed • to Dr. Sally Parsons, P.O. 336665, Greeley, CO 80633. • Thank you for your cooperation to date, and both Dr. Parsons and I look forward to finalizing the • issues which remain outstanding regarding valuation and permitting. • • Sincerely yours, • • Glen Droegemueller • GD:lc • pc: Dr. Parsons • • 1035 37th Avenue Court,Greeley,Colorado 90634 • Telephone (970)304-0362 Fat (970)353-4040 AMENDMENT TO CONTRACT TO BUY AND SELL REAL ESTATE This Amendment to Contract to Buy and Sell Real Estate is made and entered into this / day of April, 2010,by and between Dr. Sally A. Parsons, Seller,and Lafarge North • America, a Maryland corporation, Buyer. Buyer and Seller may be collectively referred to as "Parties" in this Amendment. RECITALS 1. The Parties entered into a Contract to Buy and Sell Real Estate(hereafter the • "Contract")on or about March 20, 2009, as well as previous amendments to said Contract; • 2. The Parties wish to further amend the Contract to allow additional time to • complete the purchase of said real estate; • NOW,THEREFORE, for and in consideration of the mutual covenants in the Original Contract herein and other good and valuable consideration,the receipt and sufficiency of which are • hereby acknowledged, the Parties agree as follows • 1. The Parties wish to further extend the existing Contract to June 30, 2010. • • 2. As additional considerations for this extension of time, Buyer shall pay Seller the sum of_per month for the three month extension. Additionally, Buyer agrees that Seller retains the exclusive right to purchase the property which is the subject of the Contract. • 3. Except as expressly set forth above in this Amendment,the Contract shall remain • in full force and effect according to its terms. • Dated this/3 day of April, 2010. • • Seller: Buyer: Lafarge North erica • • Dr. Sally A.y Parsons Title • • U FLOOD HAZARD DEVELOPMENT PERMIT MAPS Lafarge West, Inc. FHDP HEC-RAS Modeling For Parsons Mine Revised May 2010 CG-0138.013.00 111 DEERE & AULT • • Hello