Loading...
HomeMy WebLinkAbout20091003• • DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, Colorado 80631 Phone (970) 353-6100, Ext. 3540 Fax (970) 304-6498 USE BY SPECIAL REVIEW (MINING OPERATION)APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT # /AMOUNT # /$ CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: To be completed by APPLICANT is accordance with procedural guide requirements: 1. I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed Gravel (gravel, coal, borrow pit, etc.) mining operation for the following described unincorporated area of W eld County: Legal Description See Attached Exhibit A ,Sections• 12 Township 1 North, Range 67 West Flood Plain: yes Zone District: A , Total Acreage: 180 , Overlay District none Geological Hazard: NA Airport Overlay District NA 2. Surface owner(s) of area of land described 4395 Washington ST Denver, CO 80216 Name:Morton Lakes LLC Address: Phone: (303)2.92-1771 Name: Address: Phone: 3. Owner(s) of mineral rights or substance to be mined Name: Same as Above Address: Phone: Name: Address: Phone: 4. Applicant'sname:Ready Mixed Concrete Co. EmailAddressbill.timmons@boral.com Address:14585 Brighton Road, Brighton, CO 80641 Phone:(303)659-0630 5. Identify any prior panits for mining held by appicant or affiliated person: USR 1608 Holton Lakes, USR 1343 Nix I (We) request that the following described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. I (We) hereby depose and state under penalties of perjury that al statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this appication. If an Authorized Agentsigns, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, not evidence )Bust be included showing the signatory has to legal authority to sign for the corporation. /d-fl4!9 Signature: Owner or Authorized Agent Date 15 Signature: Owner or Authorized Agent Date EXHIBIT 2009-1003 • • HART ENVIRONMENTAL • • [,IPJ,➢IpICP tni ,A suefiloui'H La:d (I I !'la1nrtud I(1. lion )r.i,lP Ptnuillind .- AnO!!I P.O. Box 1303 Boulder, Colorado 80306 Pboale: 303.1.11.6602 Morton Lakes Use by Special Review (USR- ) Permit Application Prepared for: Ready Mixed Concrete Company DBA Boral Aggregates Prepared by: Michael J. Hart Hart Environmental Boulder, Colorado November 2008 • TABLE OF CONTENTS • • INTRODUCTION 1.0 USR PERMIT APPLICATION 2.0 USR LEGAL DESCRIPTION 3.0 INDEX MAP 4.0 USR QUESTIONNAIRE AND DEVELOPMENT STANDARDS 5.0 MINING PLAN AND OPERATIONAL STANDARDS 6.0 DRM&S RECLAMATION PLAN AND USR STANDARDS 7.0 DRM&S RECLAMATION PLAN MAP 8.0 STATEMENT OF ADEQUATE WATER SUPPLY AND WATER INFORMATION 9.0 EVIDENCE OF ADEQUATE SEWAGE DISPOSAL 10.0 WELD COUNTY ROAD ACCESS INFORMATION 11.0 SOILS REPORT 12.0 APPLICANT'S SOURCE OF LEGAL RIGHT -TO -ENTER 13.0 APPLICANT'S INTEREST IN THE SUBJECT PROPERTY 14.0 OWNERS OF RECORD 15.0 CERTIFICATE OF CONVEYANCE 16.0 AFFIDAVIT OF MINERAL OWNERSHIP 17.0 OIL AND GAS AGREEMENTS 18.0 DITCH AND IRRIGATION EASEMENTS 19.0 AFFIDAVIT OF SURFACE OWNERS WITHIN 500 FEET OF SUBJECT PROPERTY 20.0 IGA NOTICE OF INQUIRY i • 21.0 APPENDICES 1. Morton USR Map Set Reduced to 8.5"x 11.0" 2. Site Specific Development Plan and Special Review Permit Development Standards (USR-1608) 3. Colorado Division of Reclamation, Mining and Safety (DRM&S) Regular 112 Permit Application 4. Technical Brief — Soil-Bentonite Slurry Walls 5. Aggregate Resource Evaluation -Test Hole Data • • ii • • • Written Consent of Action of Sole Member Of Morton Lakes Morton Lakes, LLC The undersigned Ready Mixed Concrete Company ("RMCC") is the sole member of Morton Lakes, LLC, a Colorado limited liability company, pursuant to Colorado Code Ann. Title 7 § 80-101, et seq., and hereby adopts the following resolution: WHEREAS: Morton Lakes, LLC owns that certain real property further described in Exhibit "A" hereto (hereinafter the "Property"); WHEREAS: In addition to being the sole member of Morton Lakes, LLC, RMCC is the general manager of Morton Lakes, LLC; WHEREAS: RMCC is in the business of mining and producing construction aggregate materials and products; and WHEREAS: Morton Lakes, LLC desires to clarify for federal, state and local permitting agencies, among others, that RMCC is authorized to enter the Property, to mine and reclaim the Property, and to undertake any other actions necessary to accomplish such purposes; Now, therefore, the undersigned hereby adopts the following resolution: RESOLVED: RMCC is authorized to enter the Property for any purpose whatsoever including, but not limited to, for the purpose of mining and reclaiming the Property, and Ronald S. Henley, as President of RMCC, is hereby authorized to execute any permit application or any other document on behalf of Morton Lakes, LLC that is required to mine and reclaim the Property, or bind or inure to the benefit of Morton Lakes, LLC in any respect. IN WITNESS WHEREOF, this consent is executed to be effective as of the date indicated below. Morton Lakes, LL Title: VP, Ready Mixed Concrete Company Sole Member of Morton Lakes, LLC Date: September 2.(0008 • • • • • EXHIBIT "A" Legal Description Lot B of Recorded Exemption No. 1469 -12 -1 -RE 1525, as per the map recorded January 6, 1994 in Book 1421 at Reception No. 2367922, being a part of the SE % of Section 1 and the NE % of Section 12, both in Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, Together with a Non -Exclusive Easement and Right of Way for Ingress and Egress purposes as granted in the document recorded April 10, 1985 at Reception No. 02005215 and all right of access, ingress and egress for agricultural purposes over and across the existing traveled roads as shown on Lot A of Recorded Exemption No. 1469- 1-4 RE 835, being a part fo the SE 1% of Section 1, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado as per the map recorded May 6, 1986 in Book 1111 at Reception No. 2052634, as provided in and subject to that certain "Order" of the District Court, Weld County, Colorado in Case No. 04CV547. • 13.0 APPLICANTS INTEREST IN THE SUBJECT PROPERTY The Applicant, Ready Mixed Concrete Company, is the sole member of Morton Lakes, LLC, a Colorado Limited Liability company. Morton Lakes, LLC owns that certain real property described in Exhibit "A" and referred to as Morton Lakes. • • • • 2002 LandAmerica Financial Group, Inc. All Rights Reserved • Li LandAmerica' • • 1031 Exchange Services Services LES File Number: RIX-07-001732-00 ASSIGNMENT OF MEMBERSHIP INTEREST THIS ASSIGNMENT OF MEMBERSHIP INTEREST (this "Assignment", made and entered into as of the ,4) day of April, 2008, by and among BUILDING EXCHANGE COMPANY, a Virginia corporation ("Assignor"), LANDAMERICA 1031 EXCHANGE SERVICES, INC., a Virginia corporation ("LES"), and READY MIXED CONCRETE COMPANY ("Exchangor"). STATEMENT OF PURPOSE Assignor is the sole member of Morton Lakes, LLC, a Colorado limited liability company ("Owner"). Assignor, LES and Exchangor are parties to that certain Assignment and Acceptance Qualified Exchange Accommodation Agreement dated as of April 14, 2008 (the "QEAA Assignment"). Pursuant to the terms of the QEAA Assignment, Exchangor assigned to LES its rights under the QEAA (as defined in the QEAA Assignment) to purchase the Replacement Property (as defined in the QEAA) of the Owner. In consideration of the foregoing, the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Membership Interest Assigned: Pursuant to Section 9 of the QEAA, Exchangor requests that Assignor assign all of its membership interest in the Owner (the "Owner Membership Interest") to LES, in lieu of conveying title to the Replacement Property to Exchangor. Accordingly, as of the Effective Date (as hereinafter defined), Assignor hereby assigns all of its Owner Membership Interest to LES, subject to the provisions of Paragraph 2 below. 2. Direct Assignment: LES is obligated to assign the Owner Membership Interest to Exchangor. In order to save duplicative costs and expenses, as of the Effective Date LES directs Assignor, on behalf of LES, to assign the Owner Membership Interest directly to Exchangor. 3. Effective Date of Assignment; Rights of Assignee: The assignment of the Owner Membership Interest shall be effective as of the date first above written (the "Effective Date"). On and as of the Effective Date, Exchangor shall become the sole member of Owner and shall have the right to receive from the Owner the share of profits, losses, distributions and other benefits to which Assignor would otherwise be entitled with respect to the Owner Membership Interest so assigned. In addition to the foregoing, on and as of the Effective Date, Assignor shall be relieved of its obligations as manager of the Owner, and the sole manager of the Owner shall be Ready Mixed Concrete Company. M 19 Assignint BLR LLC 1 • • ° 2002 LandAmerica Financial Group, inc. All Rights Reserved • • 4. No Warranty: Assignor assigns the Owner Membership Interest AS IS, WHERE IS, and Assignor makes no representations or warranties (of title or otherwise) as to the Owner Membership Interest or the property owned by the Owner, except that Assignor warrants it has not encumbered or transferred its Owner Membership Interest or the property owned by the LLC except with the knowledge of Exchangor or its counsel. 5. Release: Exchangor fully, finally, and forever releases and discharges Assignor and its successors, assigns, directors, officers, members, employees, agents, and representatives from any and all actions, causes of action, claims, debts, demands, liabilities, obligations, and suits, of whatever kind or nature, in law or equity, that Exchangor has or in the future may have, whether known or unknown, arising out of the actions or omissions of Assignor, except for claims or actions arising from Assignor's own fraud, willful misconduct or gross negligence. 6. Entire Agreement; Modification: This Assignment constitutes the entire and complete agreement between the parties hereto and supersedes any prior oral or written agreements between the parties with respect to the transaction contemplated herein. It is expressly agreed that there are no verbal understandings or agreements which in any way change the terms, covenants and conditions herein set forth, and that no modification of this Assignment and no waiver of any of its terms and conditions shall be effective unless made in writing and duly executed by the parties hereto. 7. Binding Effect: All covenants, agreements, warranties, and provisions of this Assignment shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, personal representatives, successors, and permitted assigns and shall survive and continue in full force and effect and shall be enforceable after the date of this Assignment. 8. Controlling Law: This Assignment has been made and entered into under the laws of the State of Virginia, and said laws shall control the interpretation hereof. 9. Construction of Terms: Where appropriate, any word denoting the singular shall be deemed to denote the plural, and vice versa. Where appropriate, any word denoting or referring to one gender shall be deemed to include the other gender. Capitalized terms used in this Assignment and not otherwise defined herein shall have the meanings assigned thereto in the QEAA. M 19 Assignlnt DLR LLC 2 ° 2002 LandAmcrica Financial Group, Inc. MI Rights Reserved • • IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as of the day and year first above written. ASSIGNOR: BUILDING EXCHANGE COMPANY By: Davi ce Pres Signature LANDAMERICA 1031 EXCHANGE SERVICES, INC. By: Davi Signat EXCHANGOR: dent TAXPAYER: Ready Mixed Concrete Company By: R 1 H (41 S. /4 Signature: ii/Al Date: M 19 AssignInt BLR LLC 3 4 • • • INTRODUCTION Ready Mixed Concrete Company (RMCC) is applying for a Use by Special Review Permit in order to mine sand and gravel from their Morton Lakes property located in part of the southeast VI of Section 1 and the northeast V4 of Section 12, both in Township 1 North, Range 67 West of the Sixth P.M. Weld County, Colorado. The proposed Morton Lakes Pit is located in unincorporated Weld County one half mile west of Fort Lupton, Colorado. Access to the site is via State Highway 52 which is one quarter mile north of the property. Portions of the proposed pit lie within the 100 -year floodplain of the South Platte River. The Morton Lakes Pit will be mined in conjunction with the Holton Lakes Pit (USR 1608) which is contiguous to the west boundary of Holton. On August 22, 2007, the Weld County Board of County Commissioners (BCC) approved USR 1608. RMCC proposes to apply the "Site Specific Development Plan -Special Review Permit - Development Standards" approved by the BCC to its Morton Lakes Pit (see Appendices 2). In addition to mining and processing sand and gravel, USR 1608 also allows RMCC to operate a concrete batch plant and to truck sand, gravel and concrete to customers via Colorado Highway 52. Prior to recording the Holton Lakes Plat RMCC was required to obtain an approved Flood Hazard Development Permit (FHDP) for all structures proposed to be located in the 100 year floodplain of the South Platte River. As the operator prepared their Flood Hazard Development Permit (FHDP) application for submittal to the Weld County Public Works Department, it became clear that placement of the sand and gravel processing plant, ready mixed concrete plant, sand and gravel stockpiles and scale house; indeed, any structures within the designated floodway of the South Platte River would not be approvable by the Weld County Public Works Department. In order to obtain an approved permit for Holton Lakes (FHDP-516 was approved December 28, 2007 by Public Works) the applicant and operator agreed to remove all of • • • the above described improvements from Holton Lakes and to transport all sand and gravel off site for processing. To that end, RMCC purchased a 180 acre parcel (Morton) immediately adjacent to the west boundary of the Holton Lakes property. The company proposes to transport all sand and gravel, excavated from the Holton Lakes property, by conveyor to the proposed plant site on the west side of the Morton Lakes property; an area outside of the designated 100 year floodway of the South Platte River. In addition, RMCC proposes to relocate all of the above described improvements currently approved under Holton Lakes USR 1608 to Morton Lakes. The Morton Lakes sand and gravel pit will be mined in five stages totaling 134 acres. Prior to mining, soil-bentonite slurry walls will be constructed around the perimeter of mining stages two, three, four and five, which total 111 acres of the 180 acres to be mined. All five mining stages will be dewatered and then mined dry with backhoes and front-end loaders. Excavated sand and gravel will be conveyed from the active stage of mining to anon site sand and gravel processing plant where the aggregate will be crushed, screened, washed and stockpiled. Finished sand and gravel products will be used to supply an on -site ready mix concrete plant or hauled by truck to customers via the C -DOT approved Highway 52 (Holton Lakes) access (Permit No. 407153). Morton Lakes Stages 2 and 3 are contiguous to Holton Lakes Stages 4 and 5; therefore, during mining the common boundary between the two properties will be mined and reclaimed jointly for developed water storage. Wherever feasible, reclamation will be done concurrently. The Morton site will be reclaimed for two principal post -mining land uses, wildlife habitat and developed water storage. It is estimated that 3,875 acre-feet of water storage can be developed from mining stages 2-5. Depending upon the economy of the region and demand for sand and gravel, the life of the Morton Lakes Pit is estimated to be approximately 10 years. • 4.0 USR QUESTIONNAIRE 1. A detailed description of the method of mining operation; the description shall include: • • a. The types and numbers of structures that will be erected (built) on site including operation and processing equipment to be employed include, but are not limited to, the following: • Sand and Gravel Processing Plant; • Ready Mixed Concrete Plant; • Scrapers to be used for striping and stockpiling topsoil and overburden and for reclamation; • Dozers used for mining and reclamation; • Motor graders to be used for mining and reclamation; • Tracked excavator to be used for mining and reclamation; • Front-end loaders to be used for mining sand and gravel, processing and concrete Production; • Electric pumps; • Portable primary crusher with screens for initial processing; • Field conveyors to transport mined sand and gravel from the pit to the Plant; • Maintenance shop and employee lunch room; • Truck Scales and scale house; • Service trucks —fuel, oil, grease and, • Employee pick-up trucks b. The maximum number of daily shifts worked for mining, processing and concrete production is two. The maximum number of employees per day will be 20 to 30. c. All proposed mining stages will be operated as dry pits. Except for Stage 1, each stage will be slurry sealed and dewatered prior to the start of mining. 1 • • • d. No Weld County roads will be used for direct access to and from the Morton Lakes sand and gravel pit. Primary access to the site will be via and the C -DOT approved Holton Lakes access from Colorado State Highway 52. e. The size of the area and stages to be worked at any one time. Stage 1 Stage 2 Stage 3 Stage 4 Stage 5 17 acres 21.6 acres 36.4 acres 40.4 acres 19.3 acres f. The estimated mining timetable for Morton Lakes is as follows: (1) Stage 1 Pre -mining — 2009 Mining- 2010-12 (2) Stage 2 Mining— 2016-19 (3) Stage 3 Mining — 2019-22 (4) Stage 4 Mining 2022-25 (5) Stage 5 Mining - 2025-26 All Reclamation work will be completed by the end of 2028. g. Sand and gravel thickness varies from 30-35 feet, overburden thickness is 3-5 feet. h. The Reclamation Plan map is included with this application. The proposed post mining land uses include developed water storage and wildlife habitat. The reclamation process involves the grading and shaping of banks in areas where water storage is proposed (Stages 2-5). Mining Stage 1 will be filled with wash fines from the sand and gravel processing plant and re -vegetated. 2 • • • i. Technical advice was provided by the applicants representatives, the Colorado Division of Reclamation, Mining and Safety and Hart Environmental. 2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22. Answer: The proposed use is consistent with the Weld County Comprehensive Plan. Chapter 22 of the Weld County Code articulates the County's policies regarding mineral resources development. In particular, CM Goal 5 states that the County's policy "provide for timely reclamation and reuse of mining sites in accordance with this Chapter and Chapters 23 and 24 of this Code." The goal of the Morton Lakes reclamation plan is to develop a number of post - mining land uses, including: 1. Developed Water storage and, 2. Wildlife habitat Over the past fifteen years there has been a significant growth in the demand for water storage on the South Platte River. Sand and gravel extraction along the South Platte River from Thornton to Fort Lupton has presented Front Range municipalities with the opportunity to acquire important water storage needed to meet the demands of their growing populations. The Morton Lakes sand and gravel project offers the opportunity to create 3000 acre feet of new water storage. This new water storage could be used to provide much needed augmentation water for those in the agricultural community who rely on tributary ground water wells to irrigate their farms. The second goal of the Morton Lakes reclamation plan is to add wildlife habitat diversity in the riparian corridor of the South Platte River. In addition, future trail alignment opportunities along the South Platte and from the City of Fort Lupton will provide important links to the greater South Platte River trail network both up stream and down stream from Morton Lakes. 3 • • • 3. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 23 and the zone district in which it is located. Answer: The subject property is zoned "A" Agricultural. The proposed use is allowed by Special Review pursuant to Sec. 23-3-40(A.)(4.) of the Weld County Land Use Code. 4. If applicable, explain what efforts have been made, in the location decision for the proposed use, to conserve productive agricultural lands in the agricultural zone district. Answer: The agricultural productivity of the Morton Lakes property has been greatly reduced due to the sale, by the previous owners, of all surface water rights. Also, as a condition of the sale of the irrigation water historically used on the Morton property, the sellers executed a "Dry -up Covenant" which goes into effect January 1, 2009. The Morton Lakes Mining Plan is intended to allow the continued, though limited, agricultural use of the property concurrently with mining. For example, mine stages 2-5 will remain in agricultural use up until mining begins in each of these stages. Ultimately 115 acres of the 180 acre Morton property will be converted to developed water storage. It should be noted that previous owners of the Morton property have sold off all of the surface water historically used to irrigate the property thereby limiting the agricultural productivity of the land. 6. What type of uses surrounds the site? Explain how the proposed use is consistent and compatible with surrounding land uses. Response: Currently, land uses surrounding the Morton Lakes property include agriculture and sand and gravel mining operations (past, present and future); they include: 4 • • • • West- An existing sand and gravel pit operated by Lafarge and as well as future sand and gravel mining (see Lafarge's Riverbend sand and gravel pit approved by Weld County); • Northwest — Agriculture (pasture); • North- Agriculture (pasture); • East — Holton Lakes Sand and gravel pit (USR 1608) approved by Weld County; • Southeast — Lafarge's future Riverbend sand and gravel operation ; • South — Agriculture/Pasture and future sand and gravel mining Mining Phase 6 of Lafarge's Riverbend sand and gravel pit is contiguous to the south boundary of mining Stage 2 of the Morton Lakes. • Southwest- Mining Phase 6 of Lafarge's Riverbend sand and gravel pit is contiguous to the southwest boundary of mining Stage 1 of Morton Lakes. As historic South Platte sand and gravel resources between Brighton and Fort Lupton are depleted, demand for replacement aggregate reserves in the Fort Lupton area will continue to increase. The proposed Morton Lakes sand and gravel operation is compatible with both existing and future land uses in this area of Weld County. 7. A statement describing the existing land use. Response: The existing land uses on the Morton Property are agricultural including pasture, hay and vegetable fanning. 8. Describe, in detail, the following: a. How many people (employees, visitors, buyers, etc.) will use this site? Answer: Depending on the number of shifts worked per day, the number of people using the site on a daily basis will range anywhere from 25 to 35. b. What are the hours of operation? 5 • • • Answer: All sand and gravel and concrete plant operations will be conducted during the hours of daylight except in the case of a public project or private emergency or to make necessary repairs to equipment. This restriction shall not apply to operation of administrative and executive offices or repair or maintenance facilities located on the property. c. What type and how many animals, if any, will be on this site? Answer: Livestock (horses and cattle) will continue to be pastured on those areas of the subject property not being mined. d. What kind (type, size, weight) of vehicles will access this site and how often? Answer: The following vehicles will access this site on a daily basis: 1. Ready -mix concrete trucks (25 tons) 2. Sand and gravel haul vehicles (12-25 tons) 3. Cement bulk loaders (25 tons) 4. Employee vehicles, including cars and pick-up trucks e. Who will provide fire protection to the site? Answer: Fort Lupton Fire Protection District. f. What is the water source on the property? (commercial well or water district) Answer: Potable water will be supplied by commercial water service. The Applicant will use water from an existing well on the Morton Property for all operations including but not limited to: sand and gravel washing and processing; dust control and, ready mixed concrete production. An application for a commercial (exempt) well permit will be filed with the office of the Colorado State Engineer. 6 • • • • • g. What is the sewage disposal system on the property? (Existing and proposed.) Answer: Following approval of this USR Permit Application by the Weld County Board of Commissioners, the applicant will apply to the Weld County Health Department for an ISDS Penn it to serve the office/scale house, the sand and gravel processing plant and the ready mixed concrete plant personnel. Portable restrooms will be used to provide sanitary services for employees working at the mine face in Stages 1-5. h. If storage or warehousing is proposed, what type of items will be stored? Answer: The following materials will be stored on site: 1. Sand and gravel stockpiles 2. Cement and fly ash stored silos 3. Concrete add mixtures 4. Fuel, oil and grease i. Explain where storage and/or stockpile of wastes will occur on this site. Answer: Returned concrete will be wind rowed, allowed to harden, and recycled as structural fill and road base. j. Explain the proposed landscaping/screening for the site. Answer: The company proposes to build a landscaped berm along the south end of the west boundary of Stage 3 as depicted on the landscape plan map included with this application package. k. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. Answer: It is estimated that construction and landscaping will require 3 to 4 months to complete. The first area to be landscaped is along the west side of mining Stage 3. Landscaping work associated with this Stage will be completed during 7 • • • the first year following approval of this USR, and prior to the start of mining in that stage. 1. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. Answer: To the greatest degree practicable, reclamation of the Morton Lakes Pit will be concurrent with the mining of the site. Within two years of the completion of all mining activities on site and the termination of the USR all remaining reclamation work will be completed. m. Explain how the storm water drainage will be handled on the site. Answer: Storm water drainage will be managed according to the Storm Water Management Plan (SWMP), which will be developed for the site in conjunction with the requirements of the NPDES ground water discharge permit for sand and gravel operations issued by the Colorado Division of Health and Environment contained on site. If requested to do so, the Applicant will provide a copy of the NPDES Permit and SWMP for the Morton Lakes Pit to Weld County. n. Method and time schedule of removal or disposal of debris, junk and other wastes associated with the proposed use. Answer: Removal/disposal of debris, junk and wastes associated with the Morton Lakes sand and gravel operation will occur as needed during the life of the pit. Following completion of all mining activities, all plant, and equipment will be removed as well as all remaining debris, junk and wastes. o. A statement delineating the need for the proposed use. Response: Regional growth, transportation, and land use planning will all be affected by 8 • • • • • p• the ability of the aggregates (sand and gravel) industry to meet future demand for aggregate resources. Long term demand for sand and gravel is expected to continue at reasonably high levels due to projected population growth and the associated demand for infrastructure improvements needed to accommodate such growth. Sand and gravel resources are becoming more difficult to recover and more expensive to produce due to longer transportation distances between the source and the customer, more involved permitting requirements, and the encroachment of other land uses on undeveloped potential aggregate reserves. As historic South Platte sand and gravel resources between Brighton and Fort Lupton are depleted, demand for replacement aggregate reserves in the Fort Lupton area will continue to increase. The sand and gravel reserves of the Morton Lakes site represent an important aggregate resource for this area of Weld County. In addition, the post mining development of the site for water storage has the potential to be an important water resource for the area. A statement which explains the USR area is not located in a floodplain, geologic hazard and Weld County Airport overlay district area; or that the application complies with Chapter 23, Article V, Overlay District Regulations as outlined in the Weld County Code. Response: A portion of the proposed Morton Lakes USR area is located in the 100 -year floodplain of the South Platte River. The Applicant will obtain a Floodplain Use Permit (FUP) from Weld County prior to the start of any work in the floodplain subject to the approved USR. The proposed Morton Lakes USR site is not located in a geologic hazard area nor is it located within the Weld County Airport Overly District. 9 • • • 5.0 MINING PLAN 5.1 General The proposed Morton Lakes Sand and Gravel pit is anticipated to affect approximately 134 acres of land located on either side of Big Dry Creek. The aggregate deposit consists of alluvial sand and gravel overlain by topsoil and overburden. The topsoil layer and overburden layer will range from three to five feet in thickness, while the sand and gravel deposit is 25 to 30 feet thick. The deposit is underlain by bedrock shale. The maximum depth of excavation will be approximately 35 feet. The alluvial groundwater level are approximately 3 to 5 feet below natural ground level. The deposit is therefore classified as a wet alluvial deposit. However, the sand and gravel deposit will be mined dry once the each mining stage has been de -watered. The sand and gravel deposit is cataloged in the report Sand, Gravel and Quarry Resources, Colorado Front Range Counties (Colorado Geologic Survey, 1974). An estimate of overburden and resource volumes for the property is as follows: Mining Stages Acres Sand and Gravel Overburden Stage 1 17.0 1,000,000 tons 85,000 yds Stage 2 21.6 1,300,000 tons 105,000 yds Stage 3 36.4 2,200,000 tons 175,000 yds Stage 4 40.0 2,240,000 tons 200,000 yds Stage 5 19.3 960,000 tons 92,000 yds 5.2 Mining Method Dry mining techniques will be used. Initially, a dewatering ditch will be excavated around the perimeter of each mining stage and groundwater recovered in the dewatering ditch will be discharged to the South Platte in accordance with Colorado/NPDES discharge permit regulations. • • • Prior to dewatering mining stages 2-5, a soil-bentonite slurry wall will be installed around the perimeter of each mining stage. Once the slurry wall in place the stage to be mined will be de -watered and mined. With the slurry wall in place prior to pit de - watering, adverse impacts to nearby groundwater wells will be avoided. Topsoil and overburden will be placed in temporary stockpiles within the mining area limits. Topsoil and overburden will be salvaged and stockpiled separately. Approximate topsoil and overburden stockpile areas are shown on the Mine Plan Map. The deposit will be mined using scrapers and front-end loaders. Excavated sand and gravel will be discharged to a field conveyor system for transport to the on -site processing plant located in the north half of Morton Stage 3. Additional conveyors may be used inside the mine areas to facilitate transport of the resource. All Holton Lakes sand and gravel will be transported by conveyor to the sand and gravel processing plant on the Morton Lakes property. Primary access to and from the Morton Lakes operation will be via an access road from Holton Lakes to Colorado State Highway 52. Haul trucks to and from the site will use Highway 52 only. The Highway 52 access road intersection with will be upgraded per C -DOT Permit No. 407153. 5.3 Mining Schedule Mining is currently projected at a rate of 1 to 2 million tons/year, depending on the economy. Based on an estimated reserve of 7.7 million tons and a mining rate of l million tons per year the Morton sand and gravel reserves will last approximately 8 years. Pre - Mining activities are currently projected to commence in 2009 with mining scheduled to begin in 2010. 5.4 Surface Water Management All mine areas will drain internally. Uncontrolled releases of surface water and sediment from mining areas will not occur. Storm water collected in the open pit will be managed in accordance with Colorado/NPDES discharge permit requirements. Sediment generated from localized storm water runoff and surface drainage will be detained in the ponds created by the proposed mining operation. • • • 5.5 Disturbance Areas Disturbance areas associated with the Morton Lakes Pit are estimated as follows: Mining Area Stage Stage 2 Stage 3 Stage 4 Stage 5 Total Project Disturbance Total Permit Area Acres 17.0 21.6 36.4 40.0 19.3 134.3 180.0 The maximum area that will be disturbed at any point during the operation will be approximately 55 acres. • • MORTON LAKES SAND AND GRAVEL PIT MINING AND OPERATIONAL STANDARDS 1. Except for the common boundary between the Morton and Holton Lakes properties, no excavation or processing of sand and gravel shall be permitted nearer than ten (10) feet to the boundary of adjacent property, irrigation ditch, or easement, nor nearer than 125 feet of an existing residence unless by written agreement the owners of such adjacent property consent to a lesser distance and the Planning Commission approves such lesser distance. The Planning Commission may set a greater distance than the above when justified. 2. All sand and gravel and concrete plant operations shall be conducted during the hours of daylight except in the case of public project or private emergency, or to make necessary repairs to equipment. This restriction shall not apply to operation of administrative and executive offices or repair or maintenance facilities located on the property. 3. Weeds and any other unsightly or noxious weeds shall be cut or trimmed as may be necessary to preserve a reasonably neat appearance and to prevent seeding on adjacent property. 4. Existing trees and groundcover along public road frontage and drainage ways shall be preserved, maintained, and supplemented if necessary for the depth of the setback. 5. All means of access to the property from any street shall be located and designated as to avoid the routing of vehicles to and from the property over streets that primarily serve residential development. 6. All access roads from the sand and gravel and concrete operations to public highways, roads or streets shall be paved or otherwise treated to minimize dust conditions of all parts of such access roads that are located within one-fourth mile of the public highway, road, street, or adjoining residential structure. 7. Prior to the start of mining, the property shall be fenced with three -strand barbed wire in order to keep out livestock from adjacent properties. The perimeter of the property will be posted with "No Trespassing" signs. 8. Where topsoil is removed, sufficient arable soil shall be set aside for reclamation. • • • • 9. Rock crushers, screens, feeders, conveyors, concrete plant and all accessory facilities and equipment, as well as the exportation by conveyor of sand and gravel materials to adjoining, surrounding or nearby properties will be allowed. However, the operation of the concrete plant shall be subject to any additional conditions required by the Planning Commission and/or the Board of County Commissioners. The concrete plant shall meet the requirements of Article III, Section 23-3-40 of the Weld County Code 10. Conveyors, field hoppers, and similar accessory facilities and equipment, as well as the conveyance of sand and gravel materials from adjoining, surrounding, or other properties will be allowed. 11. The operator shall furnish evidence they are insured to the extent of not less than $100,000.00 against liability for any negligent act or omission by the operator from the operation or maintenance of the sand and gravel pit and the extraction and production of sand and gravel and all activities connected with or incidental thereto. 12. The use will not cause injury to vested or conditional water rights. In the event that the use may cause injury to vested or conditional water rights the applicant will either present 1) an agreement with the appropriate water conservancy district or water users group; 2) a plan of exchange or Substitute Water Supply Plan approved by the State Engineer or; 3) an Augmentation Plan approved by the District Court for Water Division No.1 which prevents injury to said water rights. • • eRecorded in County, CO Doc Id: 3515066 11/02/2007 11: A Receipt#: 7329722 Page: 3 of 3 Total Fee: $396.00 Steve Moreno, Clerk and Recorder EMIT "A" TO GENERAL WARRANTY DEED , Lot B of Recorded Exemption No. 1469 -12 -1 -RE 1525, as per the map recorded January 6, 1994 in Book 1421 at Reception No. 2367922, being a part of the SE 1/4 of Section 1 and the NE V4 of Section 12, both in Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, Together with a Non -Exclusive Easement and Right of Way for Ingress and Egress purposes as granted in the document recorded April 10, 1985 at Reception No. 02005215 and all right of access, ingress and egress for agricultural purposes over and across the existing traveled roads as shown on Lot A of Recorded Exemption No. 1469-1-4 RE 835, being a part % the SE '/ of Section 1, Township 1 North, Range 67 West of the 6th PM, County of Weld, State of Colorado as per the map recorded May 6, 1986 in Book 1111 at Reception No. 2052634, as provided in and subject to that certain "Order" of the District Court, Weld County, Colorado in Case No. 04CV547. • • 6.0 RECLAMATION PLAN • • 6.1 Post -Mining Land Use Approximately 1/3 of the Morton Lakes Sand and Gravel Pit is located in the 100 - year floodplain of the South Platte River. Weld County Department of Planning Services considers land located in the 100 -year floodplain to be suitable for agriculture, recreation, and wildlife uses. The post -mining land uses as proposed in this Reclamation Plan include developed water storage and wildlife habitat. These uses are compatible with the surrounding land uses and with the Weld County planning goals. In order to minimize surface disturbance at the Morton Lakes Pit, mining and reclamation will be conducted concurrently to the greatest extent practicable. The operator will concurrently reclaim pit wall areas in locations where mining has been completed. Reclamation, including re -grading and seeding will be completed in 2 to 3 years following the completion of mining operations in Stages 2, 3, 4 and 5. Stage 1 will be reclaimed over the life of the mine as wetland habitat. Stage 1 will be backfilled, over the life of the mine, with wash fines from the sand and gravel processing plant. Wash fines will be pumped from the processing plant to Stage 1 and used to backfill each of the three cells that comprise this stage. The goal of the reclamation plan for Stage 1 is to enhance the wildlife habitat diversity of the South Platte floodplain . Stages 2, 3, 4 and 5 will be reclaimed for developed water storage. Preliminary calculations indicate that approximately 3,800 acre-feet of water storage will be created with these four stages. 6.2 Reclamation Measures — Material Handling Site reclamation measures are illustrated on Exhibit F. Reclamation of the site will include creation of four slurry -sealed pits. All pit walls will be re -graded using stockpiled overburden. Pit perimeter slopes will be no steeper than 314: IV. Topsoil will be spread over the surface of the re -graded slopes in all areas above the post reclamation water storage elevation, and the topsoil -covered surfaces will be re -vegetated. • • • • Disturbed areas associated with site access and the existing conveyor will be scarified, covered with topsoil, and re -vegetated. Site grading will be performed to create stable topography that will be consistent with post -reclamation land uses. Reclamation quantities and costs are summarized in Exhibit L of the DRM&S permit application. 6.3 Water Because overburden and mine materials are inert, adverse impacts to local surface water or groundwater quality are not anticipated. The Applicant will comply with all applicable State water quality laws and regulations. 6.4 Wildlife Presently, Stages 1-4 are used for livestock grazing. Stage 5 is used to grow vegetables. There some indigenous wildlife species that inhabits the Morton Lakes property that will likely be displaced by the proposed mining activities. See the Wildlife Resources Assessment prepared by ERO Resources found in the Appendices to the DRM&S permit application. 6.5 Topsoiling Soils on the Holton site consist of Aquolls, Aquents, Colombo Clay Loam, Vona Sandy Loam and Dacono clay loam. These soils will be stripped and stockpiled during overburden removal, and retained for replacement during site reclamation. During reclamation, topsoil will be spread over areas to be reclaimed. Topsoil stockpiles will be protected from erosion and other damage by best management practices. Soil amendments are not expected to be required due to the nature of the soils. However, topsoil samples will be subjected to agricultural testing prior to reclamation to assess fertilizer requirements. SCS soil fertilizer recommendations, if any, will be followed. • • • 6.6 Re -vegetation Following topsoil replacement, reseeding will be performed according to SCS recommended practices. Based on SCS guidance for other local projects having similar soils, the following re -vegetation procedures are anticipated: Grass seed will typically be planted in unfrozen soil between October 1 and April 30. Grass seed will be planted with a grass drill or, where necessary, with a broadcast seeder. • The proposed seed mix and application rates in pounds of pure live seed per acre are described on the following pages. • If necessary, critical areas may be covered with straw or hay mulch to control erosion during germination. Weed -control practices will be implemented as required. The above procedures may be modified as conditions dictate. In areas that are peripheral to the Stage 1 wetlands, marsh and aquatic plants will establish themselves. The types of wetland plants anticipated to colonize Stage 1 include cattails, willows, cottonwoods, and bull -rushes. 6.7 Buildings and Structures Prior to the completion of mining Stage 3, the sand and gravel processing plant and ready mixed concrete plant will be removed along with all associated structures such as equipment repair facilities and related structures if any. As mining in Stage 3 is completed, all field conveyors will be removed including the wash water pipeline from the processing plant to Stage 1. Finally, the scale house and administrative building will be removed along with any other related structures. The overland conveyor system required for transport of sand and gravel to the process area is portable. • • 6.8 Proposed Seed Mixes Seed Mix for Upland Areas (Reseeding) Species GRASSES Agropyron dasystachyum Agropyron smithii Agropyron trachycaulum Andropogon gerardii Bouteloua curtipendula Bouteloua gracilis Buchloe dactyloides Panicum vrgatum Poa ampla Poa canbyi Schizachyrium scoparium Stipa viridula FORBS Achillea lanulosa Linum lewisii Rudbeckia hirta Common Name — Variety Rate* PLS lb/ac Thickspike Wheatgrass — Critana Western Wheatgrass — Ariba Slender Wheatgrass — San Luis Big Bluestem — Pawnee Sideoats Grama — Butte Blue Grama — Alma Buffalograss — Top Gun or Native Switchgrass — Nebraska 28 or Trailblazer Big Bluegrass — Sherman Canby Bluegrass — Canbar Little Bluestem — Blaze Green Needlegrass — Lodorm Western Yarrow — Native Perennial Blue Fax — Appar Black-eyed Susan — Native 1.7 2.4 0.05 0.5 0.8 0.2 2.9 0.4 0.2 0.1 0.6 0.6 0.02 0.1 0.03 10.60 *PLS = Pure Live Seed; Rates shown are for drill seeding; if broadcast seeded, rates should be doubled. • • Stage 2- Wash Fines Basin Seed Mixture • • Scientific Name Common Name Alisma subcordatum Asclepias incamata Bidens cemua Mimulus ringens Penthorum sedoides Rudbeckia laciniata Sagittaria latifolia Verbena hastata Carex stipata Carex vulpinoidea Elymus virginicus Eleocharis species Glyceria striata Juncus effusus Juncus tenths Juncus torreyi Leersia oryzoides Panicum virginicum Scirpus validus Spartina pectinata Cover Crop: Common Oats, Annual Rye, Redtop Water Plantain Swamp Milkweed Bur Marigold Allegheny Monkeyflower Ditch Stonecrop Cutleaf Coneflower Common Arrowhead Blue Vervain Awl -Fruited Sedge Fox Sedge Virginia Wildrye Spike Rush Fowl Manna Grass Soft Rush Path Rush Torrey's Rush Rice Cut Grass Switchgrass Softstem Bulrush Prairie Cordgrass This mix is composed of tenacious species that can tolerate areas that are inundated periodically by water. Planting rate: 32 lbs. /acre F.O.B. Arvada Colorado See mix is subject to seed availability. Applewood Seed Company 5380 Vivian Street Arvada, CO 80002 Ph (303)431-7333 Fax (303)467-7886 RECLAMATION STANDARDS 1. Final Reclamation shall be consistent with the Reclamation Plan approved by the Colorado Mined Land Reclamation Board. 2. Following the completion of mining operations and reclamation activities the subject property shall be left in a safe condition. 3. All excavated areas graded in substantial conformity to the end land use proposed in the approved Reclamation Plan. 4. Consistent with the approved Reclamation Plan, the subject property shall be graded and re -vegetated so as to minimize erosion insofar as is practicable. Grading shall be accomplished in such a manner that storm water runoff does not cause erosion in excess of pre -mining levels. Increases over historic flows are allowed only to the extent that such increased flows do not adversely impact uses or lands affected by such flows. • WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 1111 H Street, P.O. Box 758, Greeley. Colorado 60632 Phone: (970 )3564000, Ext. 3750 Fax: (970) 3046497 Road File #: Date: RE # : Other Case 4- 1. Applicant Name Ready Mixed Concrete Company Phone(303)659-0630 Address 14585 Brighton Road cityBrighton State CO Zip 80641 2. Address or Location of Access 13000 Colorado State Highway 52 Section 6 Township 1 N Range 66W Subdivisbn Block Lot • T Weld County Road X: N.A. Side of Road Distance from nearest intersection) 700 feet 3. Is there an existing access to the property? Yes X No # of Accesses 2 4. Proposed Use: ❑ Permanent ❑ Residentel/Agriculturalkl Industrial td Temporary U Subdivision U Commercial ❑ Other ******MMMe*******tttt*ttt+tttttt»ttt**ete*t**that******ttfl*****t*tttttmt**t»attt***tttttttit 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil & Gas D.R. = Ditch Road = House O = Shed A = Proposed Access A = Existing Access Ni **Mt* chit** *feet *MS* *le tit ft It** OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions 0 Installation Authorized ❑ Information Insufficient Reviewed By: rile: 11 • COLORADO DEPARTMENI"6F TRANSPORTATION STATE HIGHWAY ACCESS PERMIT CDOT Permit No. 407153 Permit fee $300.00 Date of transmittal 2/1/2008 Region/Section/Patrol 4 / 01 / 14 -Fort Lupton State Highway No/Mp/Slde 52 A / 19.578 / R Local Jurisdiction Fort Lupton The Permittee(s); Applicant: Ref No.: Ready Mixed Concrete/Boral Aggregate Civil Resources, LLC Brad Hagen, P.E. 4395 Washington Street P.O. Box 680 Denver, CO 80216 Frederick, CO 80530 303-659-0630 303-833-1416 Is hereby granted permission to have an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with this permit, including the State Highway Access Code and any attachments. terms, conditions and exhibits. This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any parts of this permit The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. Location: This access is located on State Highway 52, a distance of 3,052 feet east of Mile Post 19 on the south/right side. 'HOLTON LAKES" Access to Provide Service to: (Laud Use Code:) (Size or Count) (Units) 983 - Surface Mining Operation - 463 ADT 202 ACRES 990 - Concrete Plant - 463 ADT 1 ACRES Additional Information: 1. The Notice to Proceed will be issued upon receipt of acceptable construction drawings. 2. The Permittee shall conduct a preconstruction meeting prior to beginning work within CDOT right-of-way. The CDOT Access Inspector must be present at this meeting. 3. The Permittee must provide contracto&s certificate(s) of insurance to the CDOT Access Inspector prior to beginning work with CDOT right-of-way. MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. Signature Print Name Title Date Upon the signing of this permit the perm ttee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from Initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify Linda McWilliams with the Colorado Department of Transportation in Greeley, Colorado at (970) 350-2147, at least 48 hours prior to commenting construction within the State Highway right-of-way. The person signing as the permitter) must be the owner or legal representative of the properly served by the permitted access and have full authority to accept the permit a terms and conditions. Pennmae Sig / �/ u� Print Name �L G t r /YI�lON� Date I B A� This permit is not valid until signed by a duly authorized representative of the Department. COLORADO DEPARTMENT OF TRANSPORTATION Signature Print Name Title Date (of Sue) Copy Distribution: Required: 1.Region 2.Applicant Make copies as necessary for. 3.Staft Access Section Local Authority Inspector 4.Central Fibs MICE Patrol Traffic Engineer Previous editions are obsolete and may not be used Page 1 of 3 COOT Fonn t101 5107 • 17.0 OIL AND GAS AGREEMENTS Ready Mixed Concrete Company (Applicant) and Morton Lakes, LLC (Owner) are prepared to negotiate a Surface Use Agreement with Kerr-McGee Oil and Gas Onshore LP (Mineral Leasehold Owners). The Applicant will provide a copy of said Surface Use Agreement to Weld County if and when an agreement is executed by all parties. • • • 18.0 DITCH AND IRRIGATION EASEMENTS There are no ditch or irrigation structures on the Morton Lakes property that will be affected by the proposed mining and reclamation plan. Therefore, no ditch or irrigation agreements will be required in order to mine the property. • • • 20.0 IGA Notice of Inquiry The Morton Lakes property is zoned "A" agricultural in unincorporated Weld County. It is located approximately %2 mile west of the Fort Lupton city limits. The east boundary of the Morton Lakes property is contiguous to the Holton Lakes property which has not been annexed to the City of Fort Lupton (see the attached letter dated September 27, 2006). Section 31-12-104 of the Fort Lupton City code requires that at least one -sixth of the perimeter of the parcel to be annexed be contiguous with the City. However, the Morton Property has no contiguity with Fort Lupton or with any public road. Therefore, the Morton Lakes property is not eligible for annexation to the City of Fort Lupton. • • • • LAW OFFICES • • • JOSEPH R. KING 501100528isteele.com WHITE AND STEELE PROFESSIONAL CORPORATION 21ST FLOOR 850 SEVENTEENTH STREET DENVER, COLORADO 80202.2800 September 27, 2006 Shannon Crespin, Mayor City of Fort Lupton 130 South McKinley Avenue Fort Lupton, CO 80621 RE: Thomas and Alice Holton Our File No.: 12774-64652 TELEPHONE (303) 296.2876 TELECOPIER (303) 296-3131 Dear Ms. Crespin: This fine represents Thomas and Alice Holton. As you are aware, the Holtons submitted three Petitions for Annexation to the Fort Lupton City Counsel on May 3, 2006, for parcels of land described as Holton Lakes First, second and Third Annexations. On September 13, 2006, the Fort Lupton City Connst1 approved an Annexation Agreement related to the Holtons' Annexation Petitions, which included terms and conditions which are unacceptable to the Holtons. Please consider this letter as a formal withdrawal of the Holtons' three Petitions for Annexation filed with the City of Fort Lupton on May 3, 2006. Please call me if you have questions regarding my clients' position on this matter. JR1Ujrd cc: Thomas Holton Sincerely, JosepljR. King • 21.0 Appendices • • 1. Morton USR Map Set Reduced to 8.5 x 11.0 2. Site Specific Development Plan -Special Review Permit - Development Standards (USR-1608) 3. Colorado Division of Reclamation, Mining and Safety Regular 112 Permit Application w/o Exhibits 4. Technical Brief — Soil-Bentonite Slurry Walls 5. Aggregate Resource Evaluation -Test Hole Data • 2. Site Specific Development Plan -Special Review Permit - Development Standards (USR-1608) • • • • • • • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS FOR MORTON LAKES Based on USR-1608 (Holton Lakes) Approved August 22, 2007 Ready Mixed Concrete Company 1) The Site Specific Development Plan and Use by Special Review Permit #1608 is for a Mineral Resource Development Facility including a Concrete, Recycled Concrete and Gravel Mining in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. 2) Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3) All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4) No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. 5) Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. 6) The applicant shall operate in accordance with the "waste handling plan". 7) The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14). 8) The truck washing area shall capture all effluent and prevent discharges from drum washing and the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. 9) Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the dust abatement plan at all times. 10) This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in 25-12-103 C.R.S., as amended. 11) Adequate hand washing and toilet facilities shall be provided for employees and patrons of the facility. 12) Sewage disposal for the facility shall be by septic system. My septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 13) Portable toilets may be utilized on sites that are temporary locations of the working face and portable processing equipment, etc. for up to six months at each location. 14) Bottled water shall be provided to employees at the temporary locations of the working face at all times. 15) A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 16) If applicable, the water system shall comply with the requirements for a community water system as defined in the Primary Drinking Water Regulations (5 CCR 1003-1). • 17) The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 18) All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants and volatile organic compounds. 19) If applicable, the applicant shall obtain a storm water discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. 20) The operation shall comply with all applicable rules and regulations of the Colorado Division of Minerals and Geology. 21) The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 22) "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly identify the boundaries of the site. 23) Lighting provided for security and emergency night operation on the site shall be designed so that the lighting will not adversely affect surrounding property owners. 24) Section 23-4-290.B of the Weld County Code limits the hours of operation for sand and gravel operations to the hours of day light except in the case of public or private emergency or to make necessary repairs to equipment. Hours of operation may be extended with specific permission from the Weld County Board of County Commissioners. This restriction shall not apply to operation of administrative and executive offices or repair and maintenance facilities located on the property. 25) Existing trees and ground cover along public road frontage and drainage ways shall be preserved, maintained, and supplemented, if necessary, for the depth of the setback in order to protect against and/or reduce noise, dust, and erosion. 26) Where topsoil is removed, sufficient arable soil shall be set aside for re -spreading over the reclaimed areas. 27) Should noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Section 15-1-180 of the Weld County Code. 28) U.S. Highway 85 shall be used as a service access only. The main access is from State Highway 52. Materials will be transferred on conveyors and bridged across the South Platte River to the main plant area. 29) The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate a velocity increases, diversions, concentration and/or unplanned ponding of storm runoff. 30) The site must take into consideration storm water capture/quantity and provide accordingly for best management practices. • • • • • 31) If any work associated with this project requires the placement of dredge or fill material, and any excavation associated with a dredged or fill project, either temporary or permanent, in waters of the United States which may include streams, open water lakes and ponds or wetlands at this site, the Department of the Army, Corps of Engineers shall be notified by a proponent of the project for proper department of the Army permits or changes in permit requirements pursuant to Section 404 of the Clean Water Act. 32) The landscaping on site shall be maintained in accordance with the approved Landscape Plan. 33) A building permit shall be obtained prior to the construction or placement of any structure such as a scale, concrete and asphalt plant, office, concrete casting facility, recycling plant, office trailer and any other structures placed on the parcels. An electrical permit will be required for any electrical service to equipment. A plot plan shall be submitted when applying for building permits showing all structures with accurate distances between structures, and from structures to all property lines. 34) A plan review is required for each building for which a building permit is required. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. 35) Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2003 International Building Code; 2003 International Mechanical Code; 2003 Intemational Plumbing Code; 2002 National Electrical Code; 2003 International Fuel Gas Code and Chapter 29 of the Weld County Code. 36) Each structure set on a foundation will require an engineered foundation based on a site -specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 37) Building wall and opening protection and limitations and the separation of buildings of mixed occupancy classifications shall be in accordance with the Building Code. Setback and offset distances shall be determined by the Weld County Code. 38) Building height shall be measured in accordance with the Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. 39) A Flood Hazard Development Permit shall be submitted for buildings constructed, moved and berming in the 100 -year flood plain. 40) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 41) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the StormwatedDrainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) 42) Should human remains be discovered during mining activities, the requirements under State law C.R.S. part 13 apply and must be followed. 43) The number of employees associated with the daily operations is limited to 15 persons per shift as stated in the application materials. • i • 44) The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 45) The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 46) The property owner or operator shall be responsible for complying with the Open -mining Standards of Section 23-4-250, Weld County Code. 47) Personnel from the Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. 48) The Use by Special Review area shall be limited to the plans shown hereon and govemed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 49) In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special Review has not commenced from the date of approval or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive. The county shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or revoke the Use by Special Review. If the Use by Special Review is revoked, it shall be necessary to follow the procedures and requirements of Division 4 of the Weld County Code in order to reestablish any Use by Special Review. 50) The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 3. Colorado Division of Reclamation, Mining and Safety Regular 112 Permit Application w/o Exhibits • • • • STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources .1 313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 CHECK ONE: Permit # M X New Application (Rule 1.4.5) Conversion Application (Rule 1.11) CONSTRUCTION MATERIALS REGULAR (112) OPERATION RECLAMATION PERMIT APPLICATION FORM There is a File Number Already Assigned to this Operation (Please reference the file number currently assigned to this operatic aid W. cauany COLORADO DIVISION OF RECLAMATION MINING —&— SAFETY Bill Ritter, tr. Governor Amendment Application (Rule 1.10) Permit # - M - .-_ _ (provide for Amendments and Conversions of existing permits) Harris D. Sherman Executive Director Division Director Natural Resource Trustee The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (1) the application form; (2) Exhibits A -S, Addendum I, any sections of Exhibit 6.5 (Geotechnical Stability Exhibit; and (3) the application fee. When you submit your application, be sure to include one (1) complete sinned and notarized ORIGINAL and one (1) copy of the completed application form, two (2) copies of Exhibits A -S, Addendum 1, appropriate sections of 6.5 (Geotechnical Stability Exhibit, and a check for the application fee described under Section (4) below. Exhibits should NOT be bound or in a 3 -ring binder; maps should be folded to 8 1/2" X i I" or 8 1/2" X 14" size. To expedite processing, please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, ALL information requested below. • I. • Applicant/operator or company name (name to be used on permit?: Ready Mixed Concrete Company 1.1 Type of organization (corporation, partnership. etc.): Corporation 2. Operation name (pit, mine or site name): Morton Lakes 3. Permitted acreage (new or existing site): 3.1 Change in acreage (i-) 3.2 Total acreage in Permit area 4. Fees: 4.1 New Application 4.2 New Quarry Application 4.4 Amendment Fee 4.5 Conversion to 112 operation (set by statute) Primary commoditie(s) to be mined: Sand and Gravel 5.1 Incidental commoditie(s) to be mined: 1. lbs;`fonsiyr 2. 3. IbsiFons y 4. _._...! .-.--..---.-lbs!Tonsyr 5.2 Anticipated end use of primary commoditie(s) to be mined: 5.3 Anticipated end use of incidental commoditie(s) to be mined: N . A. 180 permitted acres acres 18 0 acres $2,696.00 application fee $3,342.00 quarry application $2,229.00 amendment fee $2.696.00 conversion fee lbs:Tons/yr 5• lbsl'i-ons t Mined Land Reclamation Office of Office of Denver • Grand junction • Durango Active and Inactive Mines • • _2_ • 6. Name of owner of subsurface rights of affected land: Morton Lakes, LLC If 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: Morton Lakes, LLC 8. Tyne of mining operation: X Surface Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN (check one): X 6th (Colorado) 10th (New Mexico) Ute SECTION (write number): S 18E3.2 TOWNSHIP (write number and check direction): T 1 X North South RANGE (write number and check direction): R 67 East X West QUARTER SECTION (check one): X NE NW SE SW QUARTER/QUARTER SECTION (check one): NE NW SE SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): One half mile west of Fort Lupton, Colorado at elevation 4,900 feet 10. • • Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM): Latitude; Longitude: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude (N): deg min sec (2 decimal places) Longitude (W): deg min sec (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449° Latitude (N) 40 , 08002 (5 decimal places) Longitude(W) _._-.,-_...__104, 82585 _ _ (5 decimal places) OR Univer„hal Tranverse Merca orij2T U Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum (specify NAD27, NAD83 or WGS 84) Easting Northing Zone • • -3- • • • 11. Correspondence Information: APPLICANT//OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: Bill Timmons Title: General Manager Company Name: Ready Mixed Aggregates Street/P.O. Box: 14585 Brighton Road P.O. Box: City: Brighton State: Colorado Zip Code: 80601 Telephone Number: ( 303 )- 659-0630 Fax Number: ( 303 659-0630 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Mike Hart Title: Principal Company Name: Hart Environmental Street/P.O. Box: P.O. Box: 1303 City: Boulder State: Colorado Zip Code: 80306 Telephone Number: ( 303 )- 444-6602 _ Fax Number: ( 303 )_ 402-9049 INSPECTION CONTACT Contact's Name: Bill Timmons Title: Company Name: Same as Above Street/P.O. Box: P.O. Box: City: State: Zip Code: Telephone Number: ( ) - Fax Number: ( ) CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: ._ State: Telephone Number: .__ 1- CC: STATI nR FEDERAL LAND OWNL, 'R (ifanyl Agency: Street: City: State: Telephone Number: j_._._._......_._______.. 2 - Zip Code: Zip Code: _ • • -4- i12. Primary future (Post-minine3 land use (check ones: Cropland(CR) Pastureland(PL) General Agriculture(GA) Rangeland(RL) Forestry(FR) ____ Wildlife Habitat(WL) _____ Residential(RS) Recreation(RC) Industrial/Commercial(IC) X Developed Water Resources(WR) Solid Waste Disposal(WD) 13. Primary present land use (check one): Cropland(CR) X Pastureland(PL) General Agriculture(GA) Rangeland(RL) Forestry(FR) _ Wildlife Habitat(WL) Residential(RS) Recrcation(RC) __IndustrialIICommercial(IC) Developed Water Resources(WR) 14. Method of Mining: Briefly explain mining method (e.g. truck/shovel): Dry mining using front end loader and field conveyors to transport sand and gravel to the processing plant. 15. On Site Processing: X Crushing/Screening 13.1 Briefly explain mining method (e.g. truck/shovel): Same as 14 . above. • • List any designated chemicals or acid -producing materials to be used or stored within permit area: 16. Description of Amendment or Conversion: If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s). • • -5- • Maps and Exhibits: Two (2) complete, unbound application packages must be submitted. One complete application package consists of a signed application form and the set of maps and exhibits referenced below as Exhibits A -S, Addendum 1, and the Geotechnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate documents are used as appendices, please reference these by name in the exhibit. With each of the two (2) signed application forms, you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4, 6.5, and 1.6.2(1)(b): • • EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT i EXHIBIT .1 EXHIBIT K EXHIBIT L EXHIBIT M EXHIBIT N EXHIBIT O EXHIBIT P EXHIBIT Q EXHIBIT R EXHIBIT S Rule 1.6.2(I)(b) Rule 6.5 Legal Description Index Map Pre ;Mining and Mining Plan Map(s) of Affected Lands Mining Plan Reclamation Plan Reclamation Plan Map Water Information Wildlife Information Soils Information Vegetation Information Climate Information Reclamation Costs Other Permits and Licenses Source of Legal Right -To -Enter Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined Municipalities Within Two Miles Proof of Mailing of Notices to County Commissioners and Conservation District Proof of Filing with County Clerk or Recorder Permanent Man -Made Structures ADDENDUM 1 - Notice Requirements (sample enclosed) Geotechnical Stability Exhibit (any required sections) The instructions for preparing Exhibits A -S. Addendum 1, and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.6.2(1)(b) of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required, or would like to schedule a pre -application meeting you may contact the Office at 303-866-356?. Responsibilities as a Permittee: Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a number of important requirements which you, as a permittee, should fully understand. These requirements are listed below. Please read and initial each requirement, in the space provided, to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office for a full explanation. 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Hoard or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; • • -6- 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as permittee can result; 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of any changes in your address or phone number; 6. Upon permit issuance and prior to beginning on -site mining activity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information (Rule 3.1.12): a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance. 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. 9. Annually, on the anniversary date of permit issuance, you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example, a permit with the anniversary date of July 1, 1995, the annual fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the permittee, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. 10. For joint ventureiParinership_orators: the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. • • • -8- • Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. To the best of my knowledge, all significant, valuable and permanent man-made structure(s) in existence at the time this application is filed, and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5-115(4)(e), C.R.S.). 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4Xf), C.R.S.; 3. As the applicant/operator, I do not have any extraction/exploration operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120, C.R.S.) as determined through a Board finding. 4. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,C.R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to section 34-32.5-123, C.R.S. Signed and dated this day of • If Corporation Attest (Seal) • Applicant/Operator or Company Name Signed: Title: State of _ } ) ss. County of The foregoing instrument was acknowledged before me this -_ day of by as Signed: Corporate Secretary or Equivalent Town/City/County Clerk of Notary Public My Commission expires: SIGNATURES MUST BE IN BLUE INK • • • 4. Technical Brief — Soil-Bentonite Slurry Walls • • • 5. Aggregate Resource Evaluation -Test Hole Data • • • • H � I1 r 4� 4�r _ �.1 iv nA_ > I I ' III .II L 1 . A�J r� I' ��� lr°� ItLJ -' roff, 1 a ro� q u, �' ilk' 11 I lied 9 i' — L" }Ili h' t�l Ii I ° O �i b h� o) q_ � r � / ® III � .- 1 1 ® K s. • �. vA .- • Ili _ t ��. t ._ Al ^� � ® , : V L) � , 14 1 1 C (1 1F% __ _ / [ _ 1 _ _ _ - T -r.<- i f MINT xmoB LEGEND 2 a- • a ..o L.., �.ww rm, „m.»H.,th„�.a $ s .w ....,a.c.m., °Po., t a , m M BB°ER: MORTON PROPERTY SAND AND GRAVEL EVALUATIONS ^a" t "•"°°°' >d..... _ ..,..: 7 o 1 a n^ ^ READY MIXED CONCRETE CO.' 14585 8PJC{L0N ROAD Bv1fJRW. CO °°� '°' "'°B'° I.. `Il` 1'"' "°""`"°' .. 4 "°""�mm ^-- -^- — 4EFTl1aL TEST HOLE LOCATIONS • • • MORTON AGGREGATE EVALUATION TEST HOLE DATA 1. MORTON TEST HOLES BY READY MIXED AGGREGATES Number RMA-01 RMA-02 RMA-03 RMA-04 RMA-05 RMA-05.5 RMA-05-A RMA-06 RMA-07 RMA-7.5 RMA-08 RMA-09 RMA-10 RMA-11 RMA-12 RMA-13 RMA-14 OB 2.0' 6.0' 5.0' 10' 8.0' 5.0' 10' 10' 5.0' 3.5' 6.0' 3.5' 2.5' 3.0' 10' 0.5' 2.0' S&G 29' 29' 29' 22' 0' 27' 0' 0' 32' 33.5' 29' 31.5' 31.5' 32.5' 17' 34' 29' March 5, 2008 1 RMA-15 0.5' 30' Number OB S&G RMA-16 2.0' 30' RMA-17 Not Drilled RMA-18 (Split Spoon Sample) 5.0' 21' RMA-19 (Split Spoon Sample) 5.0' 27' RMA-20 (Split Spoon Sample) 7.0' 16' 50 feet south of RMA #5 RMA-21 (Split Spoon Sample) 12' 12' 100 feet south east of RMA #5-A RMA-22 (Split Spoon Sample) 7.0' 22' March 5, 2008 2 • 2. MORTON AGGREGATE EVALUATION TEST HOLES BY CIVIL RESOURCES • Number THMP-01 THM-02 THMP-03 THM-04 THM-05 THMP-06 THM-07 THMP-08 THM-09 THMP-10 THM-11 THM-12 THMP-13 THMP-14 THM-15 THM-16 THM-17 Overburden (OB) Sand and Gravel (S&G) 3.0' 27' 6.0' 24' 6.0' 26' 1.0' 46' 2.0' 35' 2.0' 28' 3.0' 23' 3.0' 29' 1.0' 19' 2.0' 18' 2.0' 35' 3.0' 22' 1.0' 19' 4.0' 16' 4.0' 28' 5.0' 17' 3.0' 32' March 5, 2008 3 S S i 3. MORTON AGGREGATE EVALUATION TEST HOLES BY LAFARGE Number MO 01-1 MO 01-2 MO 01-3 MO 01-4 MO 01-5 MO 01-6 MO 01-7 MO 01-8 MO 01-9 MO 01-10 MO 01-11 MO 01-12 MO 01-13 MO 01-14 MO 01-15 MO 01-16 MO 01-17 MO 01-18 OB 1.5' 6.0' 3.0' 5.0' 2.5' 2.0' 3.0' 7.0' 1.5' 2.5' 4.0' 3.0' 8.0' 5.0' 6.0' 10' 2.0' 2.0' S&G 28.5' 30' 25' 25' 33' 32' 22' 30' 32' 25.5' 30' 19' 23' 12' 17' 12' 32.5' 28' March 5, 2008 4 Hello