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Home My WebLink About20081216.tiff 0 • • DEPARTMENT OF PLANNING SERVICES 918 10th Street, 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 # I$ 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, coal, borrow pit,etc.) mining operation for the following described unincorporated area of Weld County: Legal Description '5e'5eV A77 _eD ,Section 24, Township_7_ North, Range 4.7West Flood Plain:_' Zone District: A Total Acreage:_JZ$ b , Overlay District: t-1 Geological Hazard: /1) ,Airport Overlay District:_ (10 2. Surface owner(s) of area of land described 0))O75 We.-E-10 Name: ZAP L.— PAMLW P Address: Pr WPftrljjg Phone:_30-3-4:657— Name: Address: orot1 Phone: • 3. Owner(s) of mineral rights or substance to be mined Name: 6Av't ,1g A Je _ _Address: Phone: _ __ ___ Name: Address: Phone: 4. Applicant's name:Scigigric#4 ttLoKaw Lcx-k5rgte.mrs__Email Address C.,3ZetA�''S-fn '�-Cowl ------------ Address:k3CJnllcg=_1or _L b�I,,_GriPhone: 3c3 7-(75j__ 5. Identify any prior permits for mining held by applicant or affiliated person: I (We) hereby depose and state under penalties of perjury that all 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 application. 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 indicating that the signatory has to legal authority to sign for the corporation. Signature: Ownerbr Authorized Agent Date Signature: Owner or Authorized Agent Date • 15 EXHIBIT 3 2008-1216 • Legal Description of Property Lot 7, part of lot 11, and lot 12 of the Lupton Meadows Subdivision Ill, Section 24, Township 2 North, Range 67 West. Along with: Lots 3-6 of the Lupton Meadows Subdivision Ill and 100 feet of right-of-way over Southeast 1/4, Section 24, Township 2 North, Range 67 West. • • . • Resolution of the General Partners of • Zadel Family LLLP, with the General Partners being: John W. Zadel JZM, LLC, Mary Zadel as acting Manager Jonathan M. Zadel Christopher J. Zadel Benjamin N. Zadel A meeting of the Zadel Family LLLP was duly called and held on November 14, 2007 at the offices of the Zadel Family LLLP located at 9075 WCR 10, Fort Lupton, Colorado 80621. A quorum of the General Partners was present and at the meeting it was decided, by majority vote that it is necessary for the Zadel Family LLLP to select one or more General Partners to sign as Owner of the properties that are being submitted for Use By Special Review (Mining Operation) Application to the Weld County Department of Planning Services. Therefore, it is RESOLVED, that the Zadel Family LLLP shall appoint and designate either John W. Zadel or Christopher J. Zadel as an Authorized Agent to sign of behalf of the Zadel Family LLLP for the properties owned by the Zadel Family LLLP and being submitted to the Weld County Planning Department of Planning Services for review for Use By Special Review (Mining Operation) Application and other such documents that may need to be signed from time to time in the • review process. By the signing herewith the General Partners of Zadel Family LLLP affirm the above resolution. John /% � /l /9/ 0 2 Nadel, General Partner date ////de7 JZM, Lg,flaryeZasl, Acting Manager—General Partner Date onathan M. Zadel eneral Partner Date Christopher J. Zadel, Geiltral Partner Date /Ai-iny�� C / j l 15/c i Benjamin N. Zade eneral Partner / Date The undersigned, Mary Zadel, certifies that she is the duly elected secretary of Zadel Family LLLP and that the above is a true and correct copy of the resolution that was duly adopted at a meeting of the General Partners t at was held in accordance with state law and the bylaws of • of Zadel Family LLLP on ps...4.. / 3 , 20 0 7 . 1 further certify that such Resolution is now in full three and effect. Mary Z del 7 i� Date • • • LIMITED PARTNERSHIP AGREEMENT OF ZADEL FAMILY LLLP THIS LIMITED LIABILITY LIMITED PARTNERSHIP AGREEMENT is entered into this 9q day of �� , 2001, by and between John W. Zadel and JZM, LLC ("General Part er�and"George G. Zadel, Jonathan M. Zadel, Christopher S. Zadel,Benjamin N. Zadel, JZM, LLC and John W. Zadel ("Limited Partners"). ARTICLE 1 GENERAL A. Formation. The parties hereby agree to form a limited liability limited partnership pursuant to the Colorado Uniform Limited Partnership Act of 1981 (Title 7, Article 62, Colorado Revised Statutes),herein referred to as the "Act". B. Name. The name of the Partnership shall be Zadel Family LLLP, a Colorado Limited Liability Limited Partnership (the "Partnership"). C. Term. The Partnership shall commence upon the filing of the Certificate of Limited Partnership and registration of the Partnership as a Registered Limited Liability Limited Partnership with the Office of Secretary of State of the State of Colorado and • shall continue until liquidated and dissolved pursuant to the terms of this Agreement and/or the Act. D. Purpose. The Partnership is formed to engage in any business permitted under the Act. E. Definitions. The original limited partners and other limited partners are collectively referred to as "Limited Partners". The General Partners and the Limited Partners may be referred to collectively as "Partners" or individually as "Partner". In consideration of the mutual covenants and promises set forth in this Agreement, the parties agree as follows: ARTICLE II CAPITAL A. Capital Contribution of General Partners. Each General Partner shall contribute the amount set forth opposite his name as listed on Exhibit A, attached hereto and incorporated herein, to the Partnership in exchange for the General Partners' interest in the Partnership. The General Partners shall not be required to make any additional . contributions to the Partnership, but shall be entitled to subscribe to the Partnership as Limited Partners upon the same terms and conditions as other Limited Partners, in axluua[vN.ugV�ki....ly JU r.m..a,p^e .w„ t vzsrot • which case the General Partners shall be both general and limited partners of the Partnership. B. Capital Contribution of original Limited Partners. Each original Limited Partner shall contribute to the Partnership the amount set forth opposite his name as listed on Exhibit A, in exchange for the Limited Partner's interest in the Partnership. The Limited Partners shall not be required to make any additional contributions to the Partnership. C. Capital Contribution of subsequent Limited or General Partners. Subsequent Partners shall contribute to the Partnership an amount as agreed to by the General Partners. D. Use of Capital. All capital contributed to the Partnership shall only be employed in the business and for the benefit and advantage of the Partnership. E. Return of Capital. Though the Partnership may make distributions to the Partners during the term of the Partnership for return of their capital, no Partner shall have the right to demand the return of all or any portion of his capital during the term of the Partnership. F. Interest on Capital. No interest shall be paid on capital of the Partners. G. Loans by Partners. No Partner shall be required to make loans to the Partnership. • Partners may lend or advance money to or for the benefit of the Partnership with the approval of the General Partners, and any such loan shall be segregated in a loans payable account. H. Capital Accounts. i. Maintenance of Capital Accounts. The Partnership shall maintain a separate Capital Account for each Partner. ii. Additions to Capital Accounts. Each Partner's Capital Account shall be increased by: (a) the fair market value of such Partner's Contributions; (b) his share of Partnership income and gain; (c) the amount of any Partnership liabilities that are assumed by such Partner; and (d) the Partner's share of any Partnership income exempt from federal income tax. iii. Reductions of Capital Accounts. Each Partner's Capital Account shall be decreased by: (a) his share of Partnership losses; (b) the amount of cash and the fair market value of any property (less any liabilities assumed by such Partner and liabilities to which such distributed property is subject) distributed by the Partnership to that Partner as of the time of the distribution; and (c) the Partner's share of expenditures of the Partnership not deductible in computing general taxable income and not properly • capitalized (in a manner which may affect taxable income, gain, deduction or loss). G 1/25/01 r:krvo.vax�n�u��u:••:w ituv�:rati.r�.mti.aK • • • iv. Adjustments. Special account adjustments may, in the General Partners' discretion, be made in the event of authorized transfers of Partnership interests, termination or liquidation of the Partnership, or for any other reason, if and to the extent required or permitted by final Regulations pursuant to Section 704(b) of the Internal Revenue Code (the "Code") in order to give effect to the allocation provisions of this Agreement. ARTICLE III MANAGEMENT OF THE PARTNERSHIP A. Authority of the General Partners. Except as otherwise expressly provided in this Agreement, the General Partners shall manage and control the business affairs of the Partnership and shall act by a majority vote in all business affairs. Any document or instrument, of any and every nature, including without limitation, any agreement, contract, deed, promissory note, mortgage or deed of trust, security agreement, financing statement, pledge, assignment, bill of sale and certificate which is intended to bind the Partnership or convey or encumber title to its real or personal property shall be valid and binding for all purposes if executed by the General Partners. • B. General Partners' Time and Effort. The General Partners shall not be required to devote full time to the affairs of the Partnership, but shall devote whatever time, effort and skill may be necessary for the conduct of the Partnership's business. C. Indemnification. The General Partners shall have no liability to the Partnership or to any Partner for any loss suffered by the Partnership which arises out of any action or inaction of the General Partners if such course of conduct was in the best interest of the Partnership and such course of conduct did not constitute negligence or misconduct of the General Partners. The General Partners shall be indemnified by the Partnership against any losses, judgments, liabilities, expenses and amounts paid in settlement of any claims sustained by them in connection with the Partnership; provided that the same were not the result of negligence or misconduct on the part of the General Partners. Any amounts payable to the General Partners pursuant to the foregoing are recoverable only out of Partnership assets and not from the Limited Partners. D. Powers and Duties of Limited Partners. The Limited Partners shall not participate in the control of the business affairs of the Partnership, transact any business on behalf of the Partnership, or have any power or authority to bind or obligate the Partnership. Notwithstanding the foregoing, the Limited Partners shall have all of the rights and duties as provided by the Act. E. Compensation of General Partners. i. XYTLJpVWtlflnly W1Wnmmlm A,e...w,Yrc 3 1/25/01 i. Out-of-Pocket Expenses. The General Partners will receive reimbursement for all direct out-of-pocket expenses incurred by it for and on behalf of the Partnership, within the course and scope of the Partnership's business. ii. Partnership Administration Fees. The General Partners shall be entitled to reasonable compensation for providing executive and administrative services. F. Special Power of Attorney. Each Limited Partner hereby constitutes and appoints General Partners of the Partnership with full power of substitution, the true and lawful attorney-in-fact of the undersigned, with the power from time to time in the name, place, and stead of the undersigned Limited Partner to execute, acknowledge, make, swear to, verify, deliver, record, file and/or publish: i. this Agreement if required under the laws of the State of Colorado or any other jurisdiction; any amendment to this Agreement (including, but not limited to, amendments reflecting the addition or substitution of Limited Partners), or any other document required from time to time to effect the designation of the undersigned as a Limited Partner, to admit additional Limited Partners, or to substitute an assignee of the undersigned as a Limited Partner. Any amendment to this Agreement substituting a Limited Partner, or adding a Limited Partner or General Partner, may be • signed by any General Partner and by the person to be substituted as a Limited Partner, or added as a General Partner. Any amendment reflecting the determination of the remaining General Partners to continue the business of the Partnership upon the withdrawal of a General Partner need be signed only by one General Partner; ii. any other document required to reflect any action of the Partners provided for in this Agreement, whether or not the undersigned voted in favor of or otherwise consented to the action; iii. any other instrument, certificate, or document required by any regulatory agency, laws of the United States, any state,or any her juns-ddiction which the Partnership is doing or intends to do business or which the General Partners deem advisable to file or record, provided that such instrument, certificate or document is not inconsistent with the terms of this Agreement as in effect at that time; iv. any certificate of dissolution or cancellation of this Agreement that may be necessary upon the termination of the Partnership; and v. any instrument or papers required to continue the business of the Partnership; provided that no General Partner shall take any action as attorney-in-fact for the Limited Partners beyond the authority expressly set • forth in this Agreement or alter the rights of the Limited Partners with regard to allocations, distributions or other financial matters, voting, receipt of reports and information, or limitations on actions by a General hi.bzVlvbLu.w..f.�ruu.nn....lbne�.�..a. 4 1/25/01 • Partner under the Agreement, unless the Limited Partner has given a power of attorney to a General Partner expressly for that purpose. The foregoing grant of authority: a. is a special power of attorney coupled with an interest in favor of the General Partners and as such, shall be irrevocable and shall survive the death, incompetency, dissolution, or insanity of all or any of the Limited Partners; b. may be exercised for each Limited Partner by a signature of a General Partner or by listing the names of all the Limited Partners and executing any instrument with a single signature of a General Partner acting as attorney-in-fact for all of them; and c. shall survive the assignment by the undersigned of the whole or any portion of the interest of the undersigned in the Partnership, except that where the assignee of the entire interest of a Limited Partner has furnished a power of attorney and has been approved by a General Partner for admission to the Partnership as a substitute Limited Partner, this power of attorney shall survive the assignment for the sole purpose of enabling a General Partner to execute, acknowledge, and file any instrument necessary to effect the substitution, and this power • shall terminate thereafter. ARTICLE IV DISTRIBUTIONS AND ALLOCATIONS A. Distributions Generally. All distributions of Partnership funds to the Partners shall be in accordance with good and sound business and accounting practices at such times as the General Partners may determine in their sole discretion and shall be allocated one percent (1%) to each of the General Partners and the remainder to the Limited Partners in accordance with units owned. B. Net Losses. Except as otherwise provided in this Article, all net losses reportable by the Partnership for federal income tax purposes shall be allocated to and charged one percent (1%) to each of the General Partners and the remainder to the Limited Partners in accordance with units owned. Notwithstanding anything to the contrary herein contained, the liability of a Partner for the operating or other losses of the Partnership shall in no event exceed, in the aggregate, the amount of his capital, and no creditors shall have the right to attach or garnish or compel the contribution by any Partner of any additional sums of capital. • C. Taxable Income and Gain. All taxable income and gain received by the Partnership during ownership and operation of the Property shall be allocated one percent (1%) to rtwwxmzr u N.n em i�emir u ,n NaAs2....i.im 5 1/25/01 • each of the General Partners and the remainder to the Limited Partners in accordance with units owned. D. Allocations With Respect to Contributed Property and Discounts. Income, gain, loss, and deduction with respect to property contributed to the Partnership by any Partner shall be allocated in accordance with Section 704(c) of the Code and the Regulations promulgated thereunder so as to take account of any difference between the basis of such property to the Partnership and its agreed value upon contribution. Limited Partners who receive discounts in securities sales commissions and/or organization fees shall be allocated income, gain, loss and deduction so as to take into account the difference between their tax bases and the tax bases of the Limited Partners who paid such commission and/or fees. ARTICLE V BOOKS AND RECORDS; ACCOUNTING; TAX ELECTIONS A. Records. The General Partnership shall maintain records at the Partnership's registered office as required by the Act. B. Annual Reports. Within 90 days after the end of each fiscal year, the General Partners shall cause to be delivered to each person who was a Partner at any time during the fiscal year an annual financial report. C. Tax Information. The General Partners shall deliver to each of the Limited Partners, within 75 days after the expiration of each tax year a statement prepared by the Partnership's accountant. This statement shall show the allocation of profit or loss of the Partnership for federal income tax purposes, including all separately stated items, to each Partner. The General Partners shall arrange for the preparation and filing of all necessary information returns of the Partnership and shall make all necessary elections, determinations and allocations. D. Bank Accounts. The General Partners shall, in the name of the Partnership, open and maintain a bank account or accounts to deposit all Partnership funds, and the General Partners shall use such funds solely for the business of the Partnership. E. Partnership Elections. The General Partners shall have the right to make all elections for the Partnership provided for in the Code, including, but not limited to, the elections provided for in Section 754 of the Code. F. Fiscal Year. The fiscal year of the Partnership shall begin with the first day of January and end on the 3ls'day of December in each year. • ARTICLE VI zvdepiNdi..,,m*LuJM 1,.."Al ...a. 6 1/25/01ii:w�3a own • PARTNER RELATIONSHIPS A. Transfer of a Limited Partners' Interest--General Partners' Approval. Except as provided in this Article, no Limited Partners shall sell, transfer, assign, convey, encumber or otherwise dispose of, by operation of law or otherwise, the whole or any part of his interest in the partnership, without the prior express written consent of the General Partners which consent may be withheld for any reason. B. Transfer of a Limited Partner's Interest--To a Related Person. A Limited Partner may transfer all or any part of his Partnership interest herein to any Related Person as hereinafter defined; provided, however, that such related person shall execute such instruments as the General Partners may reasonably require evidencing such Related Person's agreement to all terms and provisions of this Agreement, and shall perform such acts and render such covenants or undertakings as counsel for the Partnership may determine to be necessary to avoid violation of any federal or state securities laws in respect to such transfer. Such Related Person shall be an assignee only with respect to the Partnership interest transferred to him; provided, however, that the General Partners, by appropriate amendment to the certificate of limited partnership and this Agreement may, in their sole and absolute discretion, acting for the benefit of the Partnership, cause such persons to become Limited Partners. For purposes of this paragraph, the terms Related Persons of each Limited Partner shall mean his lineal descendants, trustees or other fiduciaries for the benefit of any such persons, or corporations or partnerships in which any of the foregoing owns a majority interest. C. Other Transfers. In the event that a Limited Partner desires to transfer all or part of his Partnership interest herein to persons other than Related Persons and consent is granted by the General Partners, he shall notify the General Partners of such desire in writing (such notification being hereinafter referred to as the Transfer Notice) setting forth in such Transfer Notice the price, terms and conditions under which he desires to sell his Partnership interest and the names of the proposed purchaser or purchasers who wish to acquire any legal or beneficial interest therein. Upon receipt of the Transfer Notice, the General Partners shall promptly mail to all Limited Partners a copy of such Transfer Notice. The remaining Limited Partners will have 30 days following the mailing of such Transfer Notice to them within which to notify the General Partners as to whether they desire to purchase the Partnership interest offered for sale at the prices and on the terms therein set forth. Following such 30 day period the General Partners, on behalf of the Partnership, shall have the option to cause the Partnership to buy the Partnership interest which is the subject of the Transfer Notice on the same terms and conditions as are therein described by so notifying the selling Limited Partner within a 10 day period. Should the General Partners fail to take such action as to all or any part of such Partnership interest, written notification of such failure shall be forwarded immediately to each of the Limited Partners who have indicated their desire to participate in the purchase of • the interest being offered, or the remaining portion thereof, and those persons shall, within 10 days following such notification forward to the General Partners, as their agent and nominee, the full or pro-rata purchase price, including any required G'C..SlXYV5.J$2.a4 F...il,LLUV,M.rYir C^mew.. / 112/01 • • • promissory notes and/or letters of credit. The General Partners shall then tender the payment to the selling Limited Partner within 10 days. D. Additional Restrictions. No Limited Partner shall make any assignment under any provisions of this Article, of all or any part of his interest in the Partnership if said transfer or assignment would, when considered with all other transfers during the same applicable twelve (12) month period, cause a termination of the Partnership for federal or state income tax purposes. Any Limited Partner who is a Foreign Investor may not transfer all or any part of his interest for 90 days following completion of the offering. No Limited Partner shall sell, transfer or dispose of, by operation of law or otherwise, all or any part of his interest in the Partnership except by written instrument satisfactory to the General Partners, accompanied by such assurance of the genuineness and effectiveness of each such signature and with the registration of such interest pursuant to the Securities Act of 1933, as amended, and applicable state securities laws or pursuant to an opinion of legal counsel satisfactory to the General Partners that registration-nLtheinterest subject to such transfer is not required. No assignment shall be valid or effective unless such assignment is in compliance with the conditions contained herein. Any unauthorized assignment or transfer shall be void ab initio. E. Legend Conditions. Any documents and records evidencing units in the Partnership, whether issued originally or subsequently, shall be subject to this Agreement and shall bear a legend so indicating. • F. Substituted Partners. No assignee of the whole or any portion of a Limited Partner's interest in the Partnership shall have the right to become a substituted Limited Partner in place of his assignor, unless the General Partners consent in writing to substitution, which consent may be withheld for any reason. Except for a transferee admitted as a Partner pursuant to this Section, any transferee shall hold his Ownership Interest as an assignee and shall at all times be entitled to the proportionate share of such transferee's interest in the profits and losses of the Partnership distributed in accordance with the terms and conditions of this Agreement, to the right of reasonable inspection of the books and records of the Partnership, and to the same accounting to which the Partners are entitled under the terms and provisions of this Agreement, but such transferee shall not become a Partner and shall have no voting rights in any Partnership decisions unless he becomes a Partner. G. Withdrawal of a Limited Partner. Except as provided in this Agreement, no Limited Partner shall be entitled to withdraw or retire from the Partnership. H. Death or Bankruptcy of a Limited Partner. The death or Bankruptcy of a Limited Partner shall not terminate the Partnership. Upon the death or Bankruptcy of a Limited Partner, the personal representative or trustee of the deceased or bankrupt • Limited Partner shall become an assignee of the deceased or bankrupt Limited Partner; provided, however, that such assignee may become a Substituted Limited Partner by complying with the terms set forth in Section VI, Section F. ¢�...et[vizt,V.un i..iu1r..mn.nr�c2.ne.aa-. 8 ,125/01 • • • I. Repurchase of Units. The Partnership shall have the right, in the General Partners' absolute discretion, to purchase any Limited Partner's interest in the Partnership upon request of a Limited Partner upon terms mutually agreeable to it and the Limited Partner if the purchase does not impair the capital or the operation of the Partnership. The Partnership is under no obligation to ever repurchase any Limited Partner's interest in the Partnership, and there is no assurance that any Limited Partner's interest in the Partnership will in fact ever be repurchased by the Partnership. I Rights of Partners to Receive Property Other Than Cash. No right is given to a Partner to demand and receive property other than cash in return for his capital contributions. K. Encumbrance of a Partner's Interest. No Partner may encumber his interest in the Partnership without the prior express written consent of the General Partners, which consent may be unreasonably withheld. L. Removal of a General Partner. During the term of this Partnership, a General Partner, other than one of the original General Partners, may be removed by a vote of those Limited Partners who own at least sixty six and two thirds percent (66 2/3 %) of the outstanding units only for cause. As used in this Section, "cause" shall include negligence, misconduct, fraud and breach of fiduciary duty. Alternatively, during the term of this Partnership, a General Partner, other than one of the original General • Partners, may be removed for any reason by a vote of those Limited Partners who own at least eighty percent (80%) of the then outstanding units. Any such removal shall not terminate the right of the removed General Partner to share in the profits and gains of the Partnership as otherwise herein set forth. M. Retirement, Death, Legal Incapacity, Dissolution, Termination, Withdrawal, Removal or Bankruptcy of a General Partner or Transfer of a General Partner's Interest. A General Partner voluntarily may withdraw from the Partnership on 60 days prior written notice to all other Partners. A General Partner shall be deemed to have withdrawn, effective immediately, upon the death, dissolution, adjudication of incompetence to manage his person or his estate, assignment for the benefit of creditors, adjudication of bankruptcy or insolvency, reorganization, arrangement, composition, readjustment or liquidation of that General Partner. Upon the effective date of his withdrawal, the withdrawing General Partner shall have no further authority as a General Partner of the Partnership. Thereafter the Partnership interest of the withdrawn General Partner shall be deemed to be the same as the interest of an assignee, and the withdrawn General Partner shall have only the right to receive, as and when due under this Agreement, the distributions would have been made with respect to his or its interest if he or it had not Withdrawn. If a General Partner withdraws or is deemed to have withdrawn, the Partnership shall be dissolved unless the remaining General Partners (if any) agree to continue the Partnership or all Partners agree within 90 days to continue the Partnership business • and to appoint one or more new General Partners. cvw.wrrvu.p..ae.mwrv..m.mrvn,....na.. 9 1/15/01 4i4 Ne.tl2X0lm • Additional General Partners may be admitted only upon the specific written consent of all of the General Partners. N. Dissolution or Partition. No Partner shall have the right to, and each Partner hereby agrees that it shall not seek to dissolve or cause the dissolution of the Partnership or to seek to partition or otherwise cause a partition of the Property, whether by court action or otherwise, it being agreed that such a dissolution (or attempted dissolution) or partition (or attempted partition) would cause a substantial hardship to the Partnership and the remaining Partners. O. Meetings of, or Actions by, the Limited Partners. Meetings of the Limited Partners to vote upon any matters on which the Limited Partners are authorized to take action, under this Agreement or any amendments, may be called at any time by the General Partners or by one or more Limited Partners who own ten percent (10%) or more of the units outstanding by delivering written notice to the General Partners, either in person or by first class mail. Within ten days following receipt of such request, the General Partners shall cause a written notice, either in person or by first class mail, to be given to the Limited Partners entitled to vote that a meeting will be held at a place fixed by the General Partners and at a time, not less than 15 days nor more than 60 days after the delivery of the notice of the meeting, fixed by the General Partners. A detailed statement of the proposed action shall be included with the notice of a meeting. All expenses of the meeting and notification shall be borne by the • Partnership. Limited Partners who own at least fifty-one percent (51%) of the units outstanding shall constitute a quorum. Personal presence of the Limited Partners shall not be required, provided that an effective written consent to or rejection of such proposed action is submitted to the General Partners. Attendance and voting in person by a Limited Partner at any meeting shall revoke any previously submitted written consents or rejections of the proposed action. Submission of a later written consent or rejection with respect to any action shall revoke an earlier one as to that action. Any matter on which the Limited Partners are authorized to take action, under this Agreement or under law, may be taken by the Limited Partners without a meeting and shall be as valid and effective as an action taken by the Limited Partners at a meeting, if written consents to such action by the Limited Partners are: (a) signed by the Limited Partners both entitled to vote upon such action at a meeting and holding the percentage interest required to authorize such action and (b) delivered to the General Partners. P. Meeting of the General Partners. The General Partners may hold meetings without notice to the Limited Partners at such time and at such a place as shall from time to time be determined by the General Partners. A meeting of the General Partners may be called by a General Partner upon one day written notice to each General Partner. • A majority of the General Partners shall constitute a quorum for the transaction of business in the act of a majority of the General Partners present at any meeting at which there is a quorum shall be the act of the General Partners. Any action required 10 1/25All • • • or permitted to be taken at any meeting of the General Partners may be taken without a meeting if the General Partners consent in writing. Q. Meeting by Telephone. Partners may participate in meetings by means of telephone conference or similar communications equipment. Participation in a meeting by such equipment by Partners shall constitute presence in person at such meeting. ARTICLE VII DISSOLUTION AND WINDING UP A. Dissolving Events. The Partnership shall be dissolved upon the occurrence of any one of the following events: i. on the retirement, death, legal incapacity, dissolution, termination, withdrawal, removal or bankruptcy of the last remaining General Partner. Upon the vote of all the Limited Partners, the limited Partners may, at their option, within 60 days from such event, elect in writing to reconstitute the Partnership or terminate and liquidate the partnership under the provisions of this Article; provided that this election shall be effective, in the case of bankruptcy, only if the bankruptcy trustee for such • bankrupt General Partner agrees to the reconstitution within 90 days from the date of such election. If the Limited Partners elect to reconstitute the Partnership, the Limited Partners may, upon the vote of Limited Partners who own at least fifty-one percent (51%) of the units outstanding, elect one or more new General Partners to continue the Partnership business upon the recordation of a new Certificate of Limited Partnership; ii. on the voluntary sale, condemnation or foreclosure of all or substantially all of the Partnership assets; iii. on the election to dissolve evidenced by the affirmative vote or written consent of the Limited Partners who own at least sixty-six and 2/3 percent (66 2/3%) of the then units outstanding; iv. if the Partnership is adjudicated insolvent or Bankrupt. B. Liquidation and Final Distribution of Proceeds. Upon dissolution, the Partnership shall thereafter engage in no further business other than that necessary to wind up the business and to distribute the assets. The Partners shall continue to allocate net profits and net losses during the winding-up period in the same ratio as net profits and net losses were divided prior to dissolution. The proceeds from the liquidation of Partnership assets shall be distributed in the following order: • i. the expenses of liquidation and the debts of the Partnership, other than the debts owing to Partners; . „ tt 1/25101 • • • such debts owing to the Partners for loans and advances made to or for the benefit of the Partnership; iii. the balance remaining shall be distributed one percent(1%) to each of the General Partner and the remainder to the Limited Partners in accordance with units owned. ARTICLE VIII MISCELLANEOUS A. Amendment of the Agreement. Except as otherwise stated in this Agreement, the approval of the Limited Partners who own at least fifty-one percent (51%) of the units outstanding and all General Partners shall be required to amend this Agreement. In addition, this Agreement may be amended from time to time by the General Partners, without the consent of any of the Limited Partners, to: (i) conform to the requirement of federal and state laws and regulations; (ii) add to the representations, duties or obligations of the General Partners or to surrender any rights or power granted to the General Partners herein; and (iii) cure any ambiguity and to correct or supplement any inconsistent provision in this Agreement. • B. Amendment of Certificate. The Certificate shall be amended as provided in and/or required by the Act. C. Notices. Any and all written communications required or permitted by this Agreement or by law to be served upon or given to any Partner(s) by any other Partner(s) shall be in writing and shall be deemed served or given: (a) when personally delivered; or, (b) three business days following its deposit in the United States mail. D. Attorneys' Fees. In the event of any action in any way pertaining to Partnership or this Agreement, the forum for such litigation shall be the District Court of the State of Colorado for Boulder County or the United States District Court for the District of Colorado, and the prevailing party or parties shall be entitled to recover from the non- prevailing party or parties their reasonable attorneys' fees and costs. E. Captions. Any titles or captions of sections contained in this Agreement are for convenience only and shall not be deemed part of the text of this Agreement. F. Binding Effect. Except as otherwise herein provided, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and all persons hereafter holding or having an interest in this Partnership, whether as assignees or otherwise. • G. Entire Agreement. This Agreement, contains the entire understanding between the parties respecting the subject matter hereof and supersedes any prior understanding and agreements between them with respect thereto. 12 1/25/01 FkNo.3 2sowo • 4111 • H. Choice of Law. This Agreement is made pursuant to and shall be construed in accordance with the laws of the State of Colorado. I. Severability. If any term or provision of this Agreement shall be invalid or unenforceable to any extent, such invalidity or unenforceability shall not affect or render invalid or unenforceable any other provision of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above written. GENERAL PARTNERS LIMITED PARTNERS divW. Za� IL,George(G. Zadel JZM, LLC By. • W. Z Manager nathan M. Zadel " I'""` Christopher Zadel f )..rs'\m\iv Al 7r ul_ Benjamin N. Zadel hn W.WZ JZM, LLC By: ./104, 6m W. Zad , Manager • �.w.: : wmo.,.:, 13 1/25/01 • • • ZADEL FAMILY LLLP * OWNERSHIP PERCENTAGES * IDATE:Revised 1/1/2007 IMEMBER 'OWNERSHIP PERCENTAGE I GENERAL PARTNERS: 1/1/2002 John W. Zadel 1% 1/1/2002 JZM,LLC 1% 1/1/2004 Jonathan M. Zadel 1% 1/1/2004 Christopher J. Zadel 1% 1/1/2004 Benjamin N. Zadel 1% LIMITED PARTNERS: 1/1/2002 George G. Zadel 22% 1/1/2002 Jonathan M. Zadel 12.25% 1/1/2002 Christopher J. Zadel 12.25% 1/1/2002 Benjamin N. Zadel 12.25% 1/1/2002 John W. Zadel 1% 1/1/2004 JZM. LLC 35.25% • Thee were changed per agreement on 1-1-2007 MC-11201-`41LL l M ' gert r /l//�d1, Mary C Zadel i 4,/T // l-K . <<r 1 • r "e.I ? . i • • Use by Special Review (Mining Operation) Questionnaire Responses • The following information addresses each section of the Use By Special Review questionnaire and is separated into responses for each specific section. 1. A detailed description of the method of mining operation. The mining process is explained in the attached mining plan and technical revision approved by the State of Colorado Division of Reclamation, Mining, and Safety. A water truck will be used to treat all on-site areas (haul roads, aggregate processing area, batch plant areas, etc.) in order to suppress dust. a. The types and numbers of structures that will be erected (built)on site including operation and processing equipment to be employed. Aggregate Mininq/Processinq Facility: The current operation includes a wet screen, a crusher, an electrical/control trailer, conveyors, and stacking facilities as shown on the Extraction Plan map. All aggregate will be mined with an excavator and/or loader with the raw product being conveyed to the processing facility via haul trucks and conveyors. A scale and scale operator trailer are located at the entrance to the aggregate processing facility area. No lighting is currently being used or is anticipated to be used for this processing facility. Concrete Batchinq Facility: The operation will include a concrete batching facility as shown on the Extraction Plan map. This facility will include a cement silo, a flyash silo, aggregate bins, and conveyors that will feed into the batch plant. A screening fence will be located around the area immediately adjacent to the batch plant. A downcast yard light will be installed on the top of the cement silo as shown on the Batch Plant Area map for use only when delivery of cement and/or flyash occurs during darkness. No other lighting will be required for this batching facility. No direct illumination from this yard light will fall beyond the limit of the site. Designated locations for concrete truck washout and excess concrete product dumping will be provided to ensure that waste materials are recycled and kept from entering the stormwater flows on the site. The concrete truck washout area will be a 30 foot by 20 foot three cell concrete structure. Concrete trucks will wash the residual product from their mixing drums and chutes into the first cell of the structure. The first cell spills into the second cell, which spills into the third cell. This allows the aggregate and suspended fines to settle into the cells over time. The water and settled material in the three cells is then removed as required and recycled into the concrete batch plant. Generally, the cells are cleaned on a weekly schedule. The excess product dumping area will be approximately 50 feet by 100 feet and have an exterior berm to limit the migration of stormwater flows to and from the surrounding areas. Excess product that is deposited in this area will be allowed to cure for approximately 90 days until it becomes inert. It will then be crushed and recycled. • Northern Colorado Constructors, Inc. !d' J&T Consulting, Inc. Amendment to USR 1394 Use by Special Review(Mining Operation) Use by Special Review (Mining Operation) Questionnaire Responses • Asphalt Batchinq Facility: The operation will include an asphalt batching facility as shown on the Extraction Plan map. This facility will include two asphalt storage tanks, a baghouse, a mixing drum, aggregate storage bins, a lime silo, four bituminous pavement storage silos, a scale, a scale operator trailer, electrical/control trailer, and conveyors. A downcast yard light will be installed on the top of the asphalt tank as shown on the Batch Plant Area map for use only when delivery of asphalt occurs during darkness. No other lighting will be required for this batching facility. No direct illumination from this yard light will fall beyond the limit of the site. b. The number of shifts to be worked and the maximum number of employees. Aggregate Mining/Processing Facility: One shift will be worked with a maximum of 10 employees. Concrete and Asphalt Batchinq Facilities: Normal operation will be one shift worked with a maximum of 10 employees for each facility. Because federal highway paving projects are often required to conduct their work activities at night to minimize the impacts to traffic flows, the batching facilities may occasionally operate during second and third shifts if work on these types of projects is done with a maximum of 10 employees. • c. Whether the operation will involve a wet or dry pit. The aggregate mine operation is being conducted as a dry pit. d. County roads and bridges to be utilized, along with site entrance/exit points. (Coordinate with County Engineer). All traffic to and from the site will use County roads 18 and 25. Two entrances to the pit are on County road 25. There is an entrance to the aggregate processing facility and a shared entrance to the asphalt and concrete batching facilities as shown on the Extraction Plan map. All commercial traffic exiting the site will travel south on County road 25 to County road 18. All commercial traffic, with the exception of local deliveries, will then proceed east on County road 18 to US Hwy 85. There is a bridge over the South Platte River on County road 18. Commercial traffic entering the site will originate from US Hwy 85, travel west along County road 18, then north along County road 25 to the site entrances. Attached is a copy of the Long Term Road Maintenance and Improvements Agreement that NCCI has with the County. e. The size of the area and stages to be worked at any one time. The total area of the combined parcels is 175.63 acres. The area that is to be mined and reclaimed is 111.14 ac. As shown on the Extraction Plan map the mine will progress in phases. 1 • to 2 phases will be actively mined at any given point in time. The phases range in size from approximately 6 acres to 11 acres. Northern Colorado Constructors,Inc. II ' la Consulting,Inc. Amendment to USR 1394 Use by Special Review(Mining Operation) • • Use by Special Review (Mining Operation) Questionnaire Responses • f. A time table giving the periods of time and number of phases to be worked, which will be required for the various phases of the operation. There will be 13 phases of mining. NCCI anticipates mining and reclaiming the site in approximately 12 to 15 years. Annual production is expected to be between 300,000 and 500,000 tons depending on market demands. This production rate translates to 9 to 15 months of time required to mine each phase. Reclamation will progress concurrently with the mining activity as each phase is completed. g. The depth and thickness of the mineral deposit to be mined and the thickness of overburden to be removed. The final depth of the pit will vary from 30 to 40 feet. Overburden thickness ranges from 1 to 7 feet throughout the site. The gravel deposit thickness ranges from 29 to 33 feet. See the attached soils investigations by Terracon for more detailed information. h. The proposed use of reclaimed lands and an explanation of the reclamation process. The mine will be reclaimed as a lined water storage reservoir with two interconnected cells. The two cells will be interconnected via a pipeline so that the reservoir will function as one contiguous cell. The reclamation process is explained in the attached reclamation plan and technical revision approved by the State of Colorado Division of Reclamation, Mining, and Safety. i. The source of technical advice in that type of reclamation for open cut mining land. The sources of technical advice for this type of reclamation are the Platte Valley Soil • Conservation Service and J&T Consulting, Inc. 2. A statement which explains how the proposal is consistent with the Weld County Comprehensive Plan. Section 22-5-80 of the Weld County Comprehensive Plan, paragraph A. CM.Goal 1 states "Conserve lands which provide valuable natural mineral deposits for potential future use in accordance with state law." This site contains a valuable commercial deposit of sand and gravel located in the alluvium of the South Platte River which is available for extraction. Paragraph B CM.Goal 2 states "Promote the reasonable and orderly development of mineral resources. The current parcel is operating under an approved USR permit(1394) and other mines are within one-half mile of the site. This indicates that the parcels proposed to be added to the current permit are in a reasonable area for sand and gravel extraction activities and the orderly development of the resource can occur. 3. A statement which explains how the proposal is consistent with the intent of the district in which the use is located. This site is in the"A"Agricultural Zone District. Section 23-3-40 of the Weld County Code, paragraphs A. 3. and A. 4. list "Open pit MINING and materials processing..." and "Asphalt and Concrete Batch Plants" as "mineral resource development facilities" allowed by obtaining a Use by Special Review permit. The proposed use of the site as an aggregate mine with asphalt and concrete batch plant facilities is consistent with this guideline. • Northern Colorado Constructors,Inc. a u J&T Consulting,Inc. Amendment to USR 1394 Use by Special Review(Mining Operation) • • Use by Special Review (Mining Operation) Questionnaire Responses 4. If applicable, a statement which explains what efforts have been made, in the location decision for the proposed use, to conserve productive agricultural land in the agricultural zone district. According to the "Important Farmlands of Weld County Colorado" map prepared by the USDA— Soil Conservation Service and Colorado State University Experiment Station, the site is located in the "Irrigated Land (Not Prime)" and "Other Land" categories of farmland. It does not fall within any prime or potentially prime area as indicated on the map. 5. A statement which explains there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. NCCI will follow The Design Standards in the Weld County Code (Section 23-2-240), and the Operation Standards (Section 23-2-250), which provide adequate provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. 6. A statement describing the existing surrounding land uses and explaining how the proposal will be compatible. The surrounding land uses include irrigated agriculture land to the north, pasture land to the west, pasture land and a commercial nursery to the east, and pasture land and several homes to the south. The site is bounded by County Road 25 on the east and County Road 18 to the south. There is an existing gravel pit one-half mile north of the site and an existing gravel pit one-quarter mile southeast of the site. Sand and gravel operations are located in areas similar to this along the South Platte River corridor as evidenced by other mines being in close proximity to this site. The end use for the site will be a . lined water storage reservoir which is compatible with the agricultural nature of the general area. 7. A statement describing the existing land use. Current USR Permitted Parcel: The current parcel is operating as an aggregate mining/processing facility under an approved USR permit(1394). Three oil/gas wells and two tank batteries are located on the parcel. One of these wells is to be abandoned and removed. The surface use agreements with the pertinent oil/gas companies are attached in essentially their final form. The agreements are in the stage of final approval from the oil/gas companies' legal departments. All existing and proposed well and tank battery locations have been agreed upon as shown in the oil/gas agreement exhibits. The final recorded versions of these agreements will be forwarded to the County when they are obtained. Expansion Parcel: The expansion parcel currently contains a residence and several out buildings. These structures are being removed from the parcel. A wetland area is present in the southwest corner of the parcel. Little Dry Creek runs along the west boundary of the parcel. An irrigation ditch runs along the east boundary and through a portion of the parcel. The parcel consists of non-irrigated pasture land. The pasture land is poorly vegetated with poor grass and noxious weeds. Three oil/gas wells and one tank battery are located on the parcel. The surface use agreements with the pertinent oil/gas companies are attached in essentially their final form. The agreements are in the stage of final approval from the oil/gas companies' legal departments. All existing and proposed well and tank battery locations have been agreed upon as shown in the oil/gas agreement exhibits. The final recorded versions of these agreements will be forwarded to the County when they are obtained. • Northern Colorado Constructors, Inc. JET Consulting,Inc. Amendment to USR 1394 Use by Special Review(Mining Operation) • • Use by Special Review (Mining Operation) Questionnaire Responses 8. Describe, in detail,the following: a. How many people(employees, visitors, buyers, etc.)will use this site? There will be a maximum of 30 employees on the site on any given day. The average number of employees per day will be 20. There will be approximately 10 visitors per week on the site. See section 8.d.for the number of haul/delivery trucks that will access the site. b. What are the hours of operation? The standard operating hours will be 7:00 am to 7:00 pm for all facilities on the site. Because federal highway paving projects are often required to conduct their work activities at night to minimize the impacts to traffic flows, the batching facilities may occasionally operate during night time hours if work on these types of projects is done. c. What type and how many animals, if any, will be on this site? There will be no animals on site. d. What kind (type, size,weight) of vehicles will access this site and how often? Aggregate Mining/Processing Facility: Passenger cars, pickups, 16 ton haul trucks, and 22 ton haul trucks will access the site daily. Occasional access will be made by mechanic's trucks, fuel trucks, etc. • It is anticipated that the passenger cars and pickups, combined, will make a maximum of 30 trips per day and an average of 20 trips per day to the site. It is anticipated that the 16 ton gravel trucks will make a maximum of 15 trips per day and an average of 10 trips per day to the site. It is anticipated that the 22 ton gravel trucks will make a maximum of 35 trips per day and an average of 25 trips per day to the site. It is anticipated that the mechanical trucks, fuel trucks, etc. will make a maximum of 4 trips per day and an average of 2 trips per day to the site. Concrete Batchinq Facility: Passenger cars, pickups, 32 ton (total loaded weight) mixer trucks, and 22 ton product delivery (cement, flyash) trucks will access the site daily. Occasional access will be made by mechanic's trucks, fuel trucks, etc. It is anticipated that the passenger cars and pickups, combined, will make a maximum of 30 trips per day and an average of 20 trips per day to the site. It is anticipated that the 32 ton mixer trucks will make a maximum of 60 trips per day and an average of 40 trips per day to the site. It is anticipated that the 22 ton product delivery trucks will make a maximum of 4 trips per day and an average of 2 trips per day to the site. • Northern Colorado Constructors, Inc. Uri J&T Consulting,Inc. Amendment to USR 1394 Use by Special Review(Mining Operation) • Use by Special Review (Mining Operation) • Questionnaire Responses • It is anticipated that the mechanical trucks, fuel trucks, etc. will make a maximum of 4 trips per day and an average of 2 trips per day to the site. Asphalt Batchinq Facility: Passenger cars, pickups, 16 ton haul trucks, 22 ton haul trucks, and 22 ton product delivery trucks (asphalt, lime, aggregate) will access the site daily. Occasional access will be made by mechanic's trucks, fuel trucks, etc. It is anticipated that the passenger cars and pickups, combined, will make a maximum of 30 trips per day and an average of 20 trips per day to the site. It is anticipated that the 16 ton haul trucks will make a maximum of 80 trips per day and an average of 55 trips per day to the site. It is anticipated that the 22 ton haul trucks will make a maximum of 60 trips per day and an average of 40 trips per day to the site. It is anticipated that the 22 ton product delivery trucks will make a maximum of 60 trips per day and an average of 40 trips per day to the site. It is anticipated that the mechanic's trucks, fuel trucks, etc. will make a maximum of 4 trips per day and an average of 2 trips per day to the site. e. Who will provide fire protection to the site? • Fort Lupton Fire District f. What is the water source on the property? (Commercial well or water district). Bottled water will be used for domestic use. There will be no irrigation on the property. Water taken from the pit dewatering pond will be used for the aggregate processing facility and the concrete batch plant. See the attached well permit. A temporary substitute water supply plan has been approved by the State Engineer for the current mining operation. A copy of this plan is attached which details the consumptive use associated with the operation of the mine and the source of the replacement/augmentation water that is being used. This plan will be updated to include the consumptive use for the expansion parcel and batch plants and a copy of the updated plan will be provided to the County when it is approved. NCCI will continue to follow the attached well monitoring plan to determine if the dewatering of the pit has any effect on the surrounding wells, and to take the necessary steps to mitigate any damage to the wells. NCCI has implemented groundwater recharge ditches around the perimeter of the pit as part of their operation in an effort to ensure that no damage will occur. See the attached Technical Revision to NCCI's Division of Reclamation, Mining, and Safety permit for details on the effect of the dewatering activities on the surrounding groundwater levels and the mitigation measures that NCCI has implemented. g. What is the sewage disposal system on the property?(Existing and proposed). Aggregate Mining/Processing Facility: • The existing scale house has a permitted sewage disposal system. See the attached permit. Northem Colorado Constructors,Inc. a u J&T Consulting,Inc. Amendment to USR 1394 Use by Special Review(Mining Operation) • • Use by Special Review (Mining Operation) Questionnaire Responses Concrete and Asphalt Batchinci Facilities: An additional sewage disposal system permit will be obtained and the additional system will be installed to be shared by these facilities. h. If storage or warehousing is proposed,what type of items will be stored? Overburden and aggregate stockpiles will be located as shown on the Extraction Plan and Batch Plant Area maps. The maximum height of the largest stockpiles is expected to be 30 feet. Most stockpiles will be an average of 15 to 20 feet in height. The concrete batch plant will have storage silos for cement and flyash, storage containers for concrete admixtures, and storage bins for aggregates. The asphalt batch plant will have two storage tanks for asphalt, four storage silos for the finished pavement product, and storage bins for aggregates. All local, State, and Federal rules and regulations will be followed for the storage and handling of any asphalt, cement, flyash, and admixtures required for the batching facilities. i. Explain where storage and/or stockpile of wastes will occur on this site. The waste generated by the scale/operator houses will be stored in standard storage bins located adjacent to the scale/operator houses. The wastes generated by the batch plants and haul/mixer trucks will be stored in the washout and excess product dumping areas and recycled back into the batching facilities. • j. Explain the proposed landscaping/screening for the site. The landscaping shall be separately submitted as a landscape plan map as part of the application submittal. All disturbed areas will be reclaimed and seeded with the seed mix shown in the attached reclamation plan when the reclamation activity for each phase is completed. A mixture of evergreen and deciduous trees will be planted along the perimeter of the mine for screening as shown on the Extraction Plan map. A screening fence will be installed around the area immediately adjacent to the concrete batching facility as shown on the Batch Plant Area map. k. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. Timetable 23-2-260.C.12. The mining process began in 2003 and is anticipated to take a total of 12 to 15 years to complete. Final seeding of disturbed areas will occur concurrently with the mining as reclamation activities occur. The reclamation is expected to completed one year after the mining activities are completed. The screening trees will be planted as the mining progresses and as the need for screening each phase arises. I. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. The reclamation will follow the procedures outlined in the attached reclamation plan and technical revision approved by the State of Colorado Division of Reclamation, Mining, and Safety. The reclamation will occur concurrently with the mining as each phase is completed with final reclamation completed approximately one year after the conclusion of mining. • Northern Colorado Constructors, Inc. S I JoT Consulting,Inc. Amendment to USR 1394 Use by Special Review(Mining Operation) Use by Special Review (Mining Operation) Questionnaire Responses m. Explain how the storm water drainage will be handled on the site. The stormwater generated on the undisturbed portions of the site will follow the historic flow patterns by either infiltrating into the soil or flowing to the existing drainage ditches. The stormwater on the disturbed portions of the site will be directed to the pit effluent pond and discharged to the South Platte River with the pit dewatering effluent. There will be a designated excess product dumping area within the concrete batching facility area as shown on the Batch Plant Area map. This area will have an exterior berm to limit the migration of stormwater flows to and from the surrounding areas. n. Method and time schedule of removal or disposal of debris, junk and other wastes associated with the proposed use. The only wastes generated by the site will be from the scale/operator houses. This waste will be collected in standard storage bins and disposed of by commercial trash haulers. All wastes generated by the batching facilities will be recycled into the products produced by the facilities. o. A statement delineating the need for the proposed use. Construction aggregates and pavement products are in high demand along the Front Range. This site contains a significant quantity of valuable commercial grade sand and gravel which is ideally suited for meeting these needs. p. A statement which explains the Use by Special Review area is not located in a flood plain, 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. According to the Federal Emergency Management Agency flood insurance rate map, panel numbers 080266 0868C and 0866C, the entire site is in the 100 year floodplain of the South Platte River. All structures will be anchored to protect against flooding and all electrical components will be installed a minimum of 1 foot above the 100 year flood elevation. Based on the Greeley-Weld county Airport "Airport Master Plan", Exhibit IV"Airport Airspace (Far Part 77 Surface)", dated March 3m, 2004, the site is not in the Weld County Airport overlay district area. According to the"Geologic Hazard Area Map of Potential Ground Subsidence Areas in Weld County, Colorado", dated May 10th, 1978, the site is not in a geologic hazard area. Items referenced in this narrative with copies of each included in the overall County application: • DRMS Amendment • DRMS Technical Revision • Original DRMS mining plan • Original DRMS reclamation plan • Current sewage disposal permit • Draft oil/gas surface use agreements • Long Term Road Maintenance and Improvements agreement • Well permit • Substitute Water Supply Plan • Well monitoring plan • Weed management plan • Terracon Soils Reports • • CDPHE Construction Permit(Dust Abatement) Northern Colorado Constructors, Inc. JO'Consulting,Inc. Amendment to USR 1394 Use by Special Review(Mining Operation) Hello